Title 46 Shipping Parts 1 to 40

Revised as of October 1, 2011

Containing a codification of documents of general applicability and future effect

As of October 1, 2011

Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register

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Legal Status and Use of Seals and Logos The seal of the National Archives and Records Administration (NARA) authenticates the Code of Federal Regulations (CFR) as the official codification of Federal regulations established under the Federal Register Act. Under the provisions of 44 U.S.C. 1507, the contents of the CFR, a special edition of the Federal Register, shall be judicially noticed. The CFR is prima facie evidence of the original documents published in the Federal Register (44 U.S.C. 1510). It is prohibited to use NARA’s official seal and the stylized Code of Federal Regulations logo on any republication of this material without the express, written permission of the Archivist of the United States or the Archivist’s designee. Any person using NARA’s official seals and logos in a manner inconsistent with the provisions of 36 CFR part 1200 is subject to the penalties specified in 18 U.S.C. 506, 701, and 1017.

Use of ISBN Prefix This is the Official U.S. Government edition of this publication and is herein identified to certify its authenticity. Use of the 0–16 ISBN prefix is for U.S. Government Printing Office Official Edi- tions only. The Superintendent of Documents of the U.S. Govern- ment Printing Office requests that any reprinted edition clearly be labeled as a copy of the authentic work with a new ISBN.

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Page Explanation ...... v

Title 46:

Chapter I—Coast Guard, Department of Homeland Security ...... 3

Finding Aids:

Table of CFR Titles and Chapters ...... 487

Alphabetical List of Agencies Appearing in the CFR ...... 507

List of CFR Sections Affected ...... 517

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To cite the regulations in this volume use title, part and section number. Thus, 46 CFR 1.01– 05 refers to title 46, part 1, section 01–05.

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The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further sub- divided into parts covering specific regulatory areas. Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows: Title 1 through Title 16...... as of January 1 Title 17 through Title 27 ...... as of April 1 Title 28 through Title 41 ...... as of July 1 Title 42 through Title 50...... as of October 1 The appropriate revision date is printed on the cover of each volume. LEGAL STATUS The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510). HOW TO USE THE CODE OF FEDERAL REGULATIONS The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to determine the latest version of any given rule. To determine whether a Code volume has been amended since its revision date (in this case, October 1, 2011), consult the ‘‘List of CFR Sections Affected (LSA),’’ which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule. EFFECTIVE AND EXPIRATION DATES Each volume of the Code contains amendments published in the Federal Reg- ister since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut- off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text. OMB CONTROL NUMBERS The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies to display an OMB control number with their information collection request.

VerDate Mar<15>2010 13:21 Nov 01, 2011 Jkt 223193 PO 00000 Frm 00005 Fmt 8008 Sfmt 8092 Q:\46\46V1.TXT ofr150 PsN: PC150 Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting requirements. OBSOLETE PROVISIONS Provisions that become obsolete before the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on a given date in the past by using the appropriate numerical list of sections affected. For the period before April 1, 2001, consult either the List of CFR Sections Affected, 1949–1963, 1964–1972, 1973–1985, or 1986–2000, published in eleven separate volumes. For the period beginning April 1, 2001, a ‘‘List of CFR Sections Affected’’ is published at the end of each CFR volume. ‘‘[RESERVED]’’ TERMINOLOGY The term ‘‘[Reserved]’’ is used as a place holder within the Code of Federal Regulations. An agency may add regulatory information at a ‘‘[Reserved]’’ location at any time. Occasionally ‘‘[Reserved]’’ is used editorially to indicate that a portion of the CFR was left vacant and not accidentally dropped due to a printing or computer error. INCORPORATION BY REFERENCE What is incorporation by reference? Incorporation by reference was established by statute and allows Federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published elsewhere. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the material is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)). This material, like any other properly issued regulation, has the force of law. What is a proper incorporation by reference? The Director of the Federal Register will approve an incorporation by reference only when the requirements of 1 CFR part 51 are met. Some of the elements on which approval is based are: (a) The incorporation will substantially reduce the volume of material published in the Federal Register. (b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process. (c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR part 51. What if the material incorporated by reference cannot be found? If you have any problem locating or obtaining a copy of material listed as an approved incorporation by reference, please contact the agency that issued the regulation containing that incorporation. If, after contacting the agency, you find the material is not available, please notify the Director of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, or call 202-741-6010. CFR INDEXES AND TABULAR GUIDES A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR INDEX AND FINDING AIDS. This volume contains the Parallel Table of Authorities and Rules. A list of CFR titles, chapters, subchapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume. An index to the text of ‘‘Title 3—The President’’ is carried within that volume.

VerDate Mar<15>2010 13:21 Nov 01, 2011 Jkt 223193 PO 00000 Frm 00006 Fmt 8008 Sfmt 8092 Q:\46\46V1.TXT ofr150 PsN: PC150 The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the ‘‘Contents’’ entries in the daily Federal Reg- ister. A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles. REPUBLICATION OF MATERIAL There are no restrictions on the republication of material appearing in the Code of Federal Regulations. INQUIRIES For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency’s name appears at the top of odd-numbered pages. For inquiries concerning CFR reference assistance, call 202–741–6000 or write to the Director, Office of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001 or e-mail [email protected]. SALES The Government Printing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call toll-free, 866-512-1800, or DC area, 202- 512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2104, 24 hours a day. For payment by check, write to: US Government Printing Office – New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. ELECTRONIC SERVICES The full text of the Code of Federal Regulations, the LSA (List of CFR Sections Affected), The United States Government Manual, the Federal Register, Public Laws, Public Papers of the Presidents of the United States, Compilation of Presi- dential Documents and the Privacy Act Compilation are available in electronic format via www.ofr.gov. For more information, contact the GPO Customer Con- tact Center, U.S. Government Printing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-mail, [email protected]. The Office of the Federal Register also offers a free service on the National Archives and Records Administration’s (NARA) World Wide Web site for public law numbers, Federal Register finding aids, and related information. Connect to NARA’s web site at www.archives.gov/federal-register.

RAYMOND A. MOSLEY, Director, Office of the Federal Register. October 1, 2011.

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Title 46—SHIPPING is composed of nine volumes. The parts in these volumes are arranged in the following order: Parts 1–40, 41–69, 70–89, 90–139, 140–155, 156– 165, 166–199, 200–499, and 500 to end. The first seven volumes containing parts 1– 199 comprise chapter I—Coast Guard, DHS. The eighth volume, containing parts 200— 499, includes chapter II—Maritime Administration, DOT and chapter III— Coast Guard (Great Lakes Pilotage), DHS. The ninth volume, containing part 500 to end, includes chapter IV—Federal Maritime Commission. The contents of these volumes represent all current regulations codified under this title of the CFR as of October 1, 2011.

For this volume, Bonnie Fritts was Chief Editor. The Code of Federal Regula- tions publication program is under the direction of Michael L. White, assisted by Ann Worley.

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(This book contains parts 1 to 40)

Part

CHAPTER I—Coast Guard, Department of Homeland Security 1

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EDITORIAL NOTE: Nomenclature changes to chapter I appear at 69 FR 18803, Apr. 9, 2004.

SUBCHAPTER A—PROCEDURES APPLICABLE TO THE PUBLIC

Part Page 1 Organization, general course and methods governing marine safety functions ...... 5 2 Vessel inspections...... 14 3 Designation of oceanographic research vessels ...... 41 4 Marine casualties and investigations...... 42 5 Marine investigation regulations—personnel action ...... 60 6 Waivers of navigation and vessel inspection laws and regulations ...... 72 7 Boundary lines...... 75 8 Vessel inspection alternatives ...... 83 9 Extra compensation for overtime services ...... 95

SUBCHAPTER B—MERCHANT MARINE OFFICERS AND SEAMEN 10 Merchant mariner credential ...... 98 11 Requirements for officer endorsements ...... 126 12 Requirements for rating endorsements ...... 191 13 Certification of tankermen ...... 210 14 Shipment and discharge of merchant mariners ...... 225 15 Manning requirements...... 231 16 Chemical testing...... 253

SUBCHAPTER C—UNINSPECTED VESSELS 24 General provisions...... 262 25 Requirements ...... 273 26 Operations ...... 284 27 Towing vessels...... 288

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Part Page 28 Requirements for commercial fishing industry vessels ...... 294

SUBCHAPTER D—TANK VESSELS 30 General provisions...... 341 31 Inspection and certification ...... 370 32 Special equipment, machinery, and hull requirements ...... 387 34 Firefighting equipment...... 417 35 Operations ...... 436 36 Elevated temperature cargoes ...... 457 38 Liquefied flammable gases ...... 459 39 Vapor control systems ...... 474

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PART 1—ORGANIZATION, GENERAL to command all Coast Guard activities COURSE AND METHODS GOV- within a district. (c) The term Area Commander means ERNING MARINE SAFETY FUNC- an officer of the Coast Guard des- TIONS ignated as such by the Commandant to command all Coast Guard activities Subpart 1.0—Organization and General within an Area. Flow of Functions (d) The term Credential means any or Sec. all of the following: 1.01–05 Definitions of terms used in this (1) Merchant mariner’s document. part. (2) Merchant mariner’s license. 1.01–10 Organization. (3) STCW endorsement. 1.01–15 Organization; Districts; National (4) Certificate of registry. Maritime Center. (5) Merchant mariner credential. 1.01–20 Suspension and revocation pro- (e) The term Merchant mariner creden- ceedings. 1.01–25 General flow of functions. tial or MMC means the credential 1.01–30 Judicial review. issued by the Coast Guard under 46 1.01–35 OMB control numbers assigned pur- CFR part 10. It combines the individual suant to the Paperwork Reduction Act. merchant mariner’s document, license, and certificate of registry enumerated Subpart 1.03—Rights of Appeal in 46 U.S.C. subtitle II part E as well as the STCW endorsement into a single 1.03–10 Definition of terms used in this subpart. credential that serves as the mariner’s 1.03–15 General. qualification document, certificate of 1.03–20 Appeals from decisions or actions of identification, and certificate of serv- an OCMI. ice. 1.03–25 Appeals from decisions or actions of [CGD 88–033, 54 FR 50376, Dec. 6, 1989, as a District Commander. amended by USCG–2006–24520, 71 FR 35818, 1.03–30 Appeals from decisions or actions of June 22, 2006; USCG–2006–24371, 74 FR 11213, the Marine Safety Center. Mar. 16, 2009] 1.03–35 Appeals from decisions or actions of a recognized classification society acting on behalf of the Coast Guard. § 1.01–10 Organization. 1.03–40 Appeals from decisions or actions of (a) The Commandant is the head of the National Maritime Center. the agency and exercises overall direc- 1.03–45 Appeals from decisions or actions in- tion over the policy and administration volving documentation of vessels. of the Coast Guard. 1.03–50 Appeals from decisions or actions of (b) To carry out the regulatory and the Director, Great Lakes Pilotage. enforcement aspects of marine safety, AUTHORITY: 5 U.S.C. 552; 14 U.S.C. 633; 46 the staff officers designated in this U.S.C. 7701; 46 U.S.C. Chapter 93; Pub. L. 107– paragraph are assigned to the Com- 296, 116 Stat. 2135; Department of Homeland mandant. The chain of military com- Security Delegation No. 0170.1; § 1.01–35 also mand is directly from the Commandant issued under the authority of 44 U.S.C. 3507. to the District Commanders, except for SOURCE: CGD 88–033, 54 FR 50376, Dec. 6, marine safety regulatory and enforce- 1989, unless otherwise noted. ment matters within the area of responsibility of Coast Guard Activities Subpart 1.01—Organization and Europe. For Activities Europe, the General Flow of Functions chain of command is from the Com- mandant to the Atlantic Area Com- § 1.01–05 Definitions of terms used in mander. The staff officers at Head- this part. quarters act only on the basis of the (a) The term Commandant means the Commandant’s authority and direc- Commandant of the Coast Guard. tion. (b) The term District Commander (1) The Assistant Commandant for means an officer of the Coast Guard Marine Safety, Security, and Steward- designated as such by the Commandant ship (CG–5), under the general direction

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of the Commandant, directs, super- Marine Safety Division of District Of- vises, and coordinates the activities of: fices and Officers in Charge, Marine In- The Commercial Regulations and spection. Standards Directorate (CG–52), con- (i) The Director of Commercial Regu- sisting of the Office of Design and En- lations and Standards (CG–52), under gineering Standards (CG–521), the Of- the general direction and supervision fice of Operating and Environmental of the Assistant Commandant for Ma- Standards (CG–522), and the Office of rine Safety, Security, and Stewardship Standards Evaluation and Develop- (CG–5), establishes federal policies for ment (CG–523); the Response Policy Di- development of marine safety, secu- rectorate (CG–53), consisting of the Of- rity, and environmental protection fice of Law Enforcement (CG–531), the treaties, laws, and regulations; devel- Office of Counterterrorism and Defense ops safety, security, and environmental Operations (CG–532), the Office of Inci- protection standards for the maritime dent Management and Preparedness industry; integrates all marine safety, (CG–533), the Office of Search and Res- security, and environmental protection cue (CG–534), and the Office of Contin- regulatory programs; prepares legisla- gency Exercises (CG–535); the Preven- tion, regulations, and industry guid- tion Policy Directorate (CG–54), con- ance for new safety and environmental sisting of the Office of International protection programs; and maintains an and Domestic Port Security (CG–541), active program for development of the Office of Auxiliary and Boating third party consensus industry stand- Safety (CG–542), the Office of Vessel ards. Activities (CG–543), the Office of Port (A) The Chief, Office of Design and and Facility Activities (CG–544), the Office of Investigations and Casualty Engineering Standards (CG–521), at Analysis (CG–545); and the Marine Headquarters, under the direction of Transportation and Systems Manage- the Assistant Commandant for Marine ment Directorate (CG–55), consisting of Safety, Security, and Stewardship (CG– the Office of Bridge Programs (CG–551), 5) and the Director of Commercial Reg- the Office of Marine Transportation ulations and Standards (CG–52), man- Systems (CG–552), and the Office of ages the program for defining the over- Navigation Systems (CG–553). The Dep- all regulatory approach for vessels, off- uty Commandant for Operations (CG– shore structures, and other marine sys- DCO), under the general direction of tems incorporating safety consider- the Commandant, directs, supervises, ations regarding the role of the human and coordinates the activities of the element; develops policies and regula- Operations Resource Management Di- tions on load line matters and super- rectorate (CG–DCO–R), consisting of vises classification societies authorized the Office of Workforce Management to assign load lines on behalf of the (CG–DCO–R–1), the Office of Budget De- Coast Guard; oversees the development velopment (CG–DCO–R–2), the Office of and maintenance of programs that in- Budget Execution (CG–DCO–R–3), and corporate risk-based methods in mak- the Office of Information Resources ing safety determinations and policies; (CG–DCO–R–6). The Port Safety and Se- and oversees technical research and de- curity programs administered by the velopment for safety and environ- Chief, Office of Vessel Activities (CG– mental protection associated with ma- 543), and the Marine Environmental rine vessels, structures and facilities. Response programs administered by (B) The Chief, Office of Operating and the Chief, Office of Incident Manage- Environmental Standards (CG–522), at ment and Preparedness (CG–533), are Headquarters, under the direction of guided by regulations contained in 33 the Assistant Commandant for Marine CFR chapter I. The Assistant Com- Safety, Security, and Stewardship (CG– mandant for Marine Safety, Security, 5) and the Director of Commercial Reg- and Stewardship (CG–5) exercises tech- ulations and Standards (CG–52), coordi- nical control over the Commanding Of- nates and integrates program stand- ficer, National Maritime Center (NMC), ards for personnel qualification, vessel and, through the District Commander, manning, vessel and facility oper- supervises the administration of the ations, cargo systems and handling,

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and environmental protection; devel- coordinates field implementation poli- ops and maintains standards, regula- cies and priorities for all marine safety tions, and industry guidance for mari- commands and units; serves as the time industry operations to prevent focal point for field support and tech- deaths, injuries, property damage, and nical guidance; and provides oversight environmental harm; develops and of marine documentation and marine maintains safety standards and regula- personnel administration matters. tions for commercial fishing industry (A) The Chief, Office of Vessel Activi- vessels and uninspected commercial ties (CG–543), at Headquarters, under vessels; and develops and maintains the direction of the Assistant Com- health and safety standards and regula- mandant for Marine Safety, Security, tions for U.S.-inspected vessels. and Stewardship (CG–5) and the Direc- (C) The Chief, Office of Standards Evaluation and Development (CG–523), tor of Prevention Policy (CG–54), ad- at Headquarters, under the Direction of ministers and balances all marine safe- the Assistant Commandant for Marine ty and environmental protection com- Safety, Security, and Stewardship (CG– pliance programs, including direction 5) and the Director of Commercial Reg- of Coast Guard activities and oversight ulations and Standards (CG–52), coordi- of third parties and industry programs; nates the development of new stand- develops, publishes, and maintains pro- ards, programs, and regulations across gram policies for vessel compliance, in- all technical and operational areas of terprets standards and regulations, and marine safety and environmental pro- provides field guidance for execution tection; provides comprehensive ana- and enforcement; administers the ma- lytical support for all standards assess- rine inspection program, commercial ment and development efforts; coordi- fishing vessel examination program, nates development of measures of ef- and foreign vessel boarding program fectiveness for assessing regulatory for the enforcement of commercial ves- programs and consensus standards; and sel material and operational safety oversees the Coast Guard’s rulemaking standards; and supervises the adminis- development program. tration of the manning of U.S. vessels (D) The Commanding Officer, Marine and credentialing of U.S. mariners. Safety Center, under the Direction of (B) The Chief, Office of Incident Man- the Assistant Commandant for Marine agement and Preparedness (CG–533), at Safety, Security, and Stewardship (CG– Headquarters, under the Direction of 5) and the Director of Commercial Reg- ulations and Standards (CG–52), con- the Assistant Commandant for Marine ducts reviews and approvals of plans, Safety, Security, and Stewardship (CG– calculations, and other materials con- 5) and the Director of Response Policy cerning the design, construction, alter- (CG–53), coordinates and integrates ations, and repair of commercial ves- field planning, preparedness, and re- sels to determine conformance with the sponse operations for pollution inci- marine inspection laws, regulations, dents, natural disasters, marine acci- and implementing directions, and ad- dents, terrorism, and other threats to ministers the U.S. Tonnage Measure- public safety, the marine environment, ment program. or marine transportation and com- (ii) The Director of Prevention Pol- merce; develops, publishes, and main- icy (CG–54), under the general direction tains program policies for preparedness and supervision of the Assistant Com- and response, interprets laws and regu- mandant for Marine Safety, Security, lations, and provides field guidance for and Stewardship (CG–5), acts as Pro- execution; provides guidance regarding gram Manager for the Marine Safety, emergency authorities of the Captain Security, and Environmental Protec- of the Port (COTP); and administers tion Programs; directs, coordinates, Office programs for ports and waterway and integrates the Coast Guard’s ma- management, bridging compliance, and rine safety and environmental protec- response efforts with an active pres- tion compliance programs, contingency ence in the marine environment. planning, response operations, and investigations programs; establishes and

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(C) The Chief, Office of Investigations troversies arising under the various au- and Analyses (CG–545), at Head- thorities of the Coast Guard involving quarters, under the direction of the As- alleged violations of international, sistant Commandant for Marine Safe- maritime, navigation, and vessel in- ty, Security, and Stewardship (CG–5) spection laws, or regulations prescribed and the Director of Prevention Policy there under and published in this chap- (CG–54), reviews investigations of ma- ter or in 33 CFR chapter I, and reviews rine casualties; manages, develops pol- appeals to the Commandant from ac- icy for and evaluates domestic and tions derived from these authorities. international programs and processes On completion of such a review, the associated with investigations of ma- Judge Advocate General prepares a rine casualties and injuries; manages proposed action for the Commandant’s analysis of casualties and casualty consideration or, in appropriate cases, data, civil penalties and other remedial takes final action on behalf of, and as programs (including proceedings to directed by, the Commandant. suspend or revoke Coast Guard creden- [CGD 88–033, 54 FR 50376, Dec. 6, 1989] tials held by mariners); and manages marine employer drug and alcohol test- EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 1.01–10, see the List of CFR ing programs. Sections Affected, which appears in the (D) The Commanding Officer, Coast Finding Aids section of the printed volume Guard National Maritime Center and at www.fdsys.gov. (NMC), under technical control of the Assistant Commandant for Marine § 1.01–15 Organization; Districts; Na- Safety, Security, and Stewardship (CG– tional Maritime Center. 5), administers the mariner (a) To assist the District Com- credentialing program; evaluates mer- mander, and the Atlantic Area Com- chant mariners for suitability for serv- mander with respect to Activities Eu- ice; issues merchant mariner creden- rope, in carrying out the regulatory tials; evaluates and conducts oversight and enforcement aspects of marine of approved courses; and exercises oper- safety, there is assigned to each Dis- ational and administrative control trict Commander and to the Atlantic over the 17 Regional Examination Cen- Area Commander a staff officer des- ters. ignated as Chief, Marine Safety Divi- (iii) The Director of Operations Re- sion. The chain of military command is source Management (CG–DCO–R), from the District Commander to each under the general direction and super- Officer in Charge, Marine Inspection, vision of the Deputy Commandant for within the district and from the Atlan- Operations (CG–DCO), serves as Facil- tic Area Commander to the Officer in ity Manager for the marine safety pro- Charge, Activities Europe. The Chief of grams; coordinates and integrates fi- the Marine Safety Division is a staff of- nancial, informational, and human re- ficer assigned to the District Com- sources; plans, acquires, develops, and manders and Atlantic Area Com- allocates resources for development mander, and acts only on the basis of and execution of the Coast Guard’s ma- the authority and direction of the Dis- rine safety programs; provides the trict Commanders, and the Atlantic focal point for all resource issues in Area Commanders with respect to Ac- support of the Standards and Oper- tivities Europe. ations Directorates; and oversees the (1) The Chiefs, Marine Safety Divi- development and management of the sion, in the District Offices, under the Coast Guard’s direct user fee program. supervision of their respective District (2) The Judge Advocate General and Commanders, direct the activities of Chief Counsel of the Coast Guard (CG– their district relative to vessel, factory 094), under the general direction of and and shipyard inspections; reports and in coordination with the General Coun- investigations of marine casualties and sel, Department of Homeland Security, accidents; processing of violations of is the senior legal advisor to the Com- navigation and vessel inspection laws; mandant, Vice Commandant, and sen- the credentialiing, shipment and dis- ior staff officers. The Judge Advocate charge of seamen; the investigation General advises on all cases and con- and institution of proceedings looking

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to suspension and revocation under 46 tigations of violations of law; neg- U.S.C. chapter 77 of credentials held by ligence, misconduct, unskillfullness, persons; and all other marine safety incompetence or misbehavior of per- regulatory activities except those func- sons holding credentials issued by the tions related to recreational boating Coast Guard; initiations of actions when under the supervision of the seeking suspension or revocation under Chiefs, Boating Safety Division, in the 46 U.S.C. chapter 77 of credentials held District Offices. by persons, and presentation of cases (2) Unless otherwise provided for, the at hearings before Administrative Law Chiefs, Boating Safety Division, in the Judges; and the enforcement of naviga- District Offices, under the supervision tion, vessel inspection and seaman laws of their respective District Com- in general. manders, direct the activities in their (c) The Commanding Officer of the districts relative to administration of National Maritime Center has been the law enforcement program applica- designated and delegated to: ble to uninspected vessels used for rec- (1) Give direction to Coast Guard ac- reational purposes and the imposition tivities relating to marine safety func- and collection of penalties in connections consisting of the licensing, tion therewith; maintain liaison with credentialing, certificating, shipment Federal and State agencies having re- and discharge of seamen; lated interests; develop and coordinate (2) Refer to the processing Regional agreements and arrangements with Examination Center (REC), the Sus- Federal and State agencies for coopera- pension and Revocation National Cen- tion in the enforcement of State and ter of Expertise, or cognizant OCMI po- Federal laws related to recreational tential violations of law, negligence, boating; and review investigative re- misconduct, unskillfulness, incom- ports of recreational boating accidents. petence or misbehavior of persons hold- (b) The Officers in Charge, Marine In- ing merchant mariner’s documents, li- spection, in the Coast Guard districts, censes, certificates or credentials under the supervision of the District issued by the Coast Guard, and rec- Commanders, and the Officer in ommend suspension or revocation Charge, Activities Europe, under the under 46 U.S.C. Chapter 77 when supervision of the Atlantic Area Com- deemed appropriate; and mander are in charge of the marine in- (3) Grant, withhold, suspend, or with- spection offices in the various ports draw course approvals. and have command responsibilities (d) The Commanding Officer of the with assigned marine safety zones for National Maritime Center has the same the performance of duties with respect authority as an OCMI for the purpose to the inspection, enforcement and ad- of carrying out the marine safety func- ministration of navigation and vessel tions listed in paragraph (c) of this sec- inspection laws, and rules and regulation pursuant to the provisions of Sub- tions governing marine safety. The Of- chapter B of this chapter. ficer in Charge, Marine Inspection, has (e) Applicants for merchant mari- been designated and delegated to give ner’s documents, licenses, certificates immediate direction to Coast Guard or credentials may apply to the Coast activities relating to marine safety Guard National Maritime Center or functions consisting of inspection of any of the Regional Examination Cen- vessels in order to determine that they ters. Applicants may contact the Na- comply with the applicable laws, rules, tional Maritime Center at 100 Forbes and regulations relating to construc- Drive, Martinsburg, West Virginia tion, equipment, manning and oper- 25404, or by telephone at 1–888–I–ASK– ation, and to be satisfied that such ves- NMC (1–888–427–5662). A list of Regional sels are in seaworthy condition for the Examination Locations is available services in which such vessels are to be through the Coast Guard Web site at operated; shipyard inspections; factory http://www.uscg.mil. inspections of materials and equipment (f) For descriptions of Coast Guard for vessels; credentialing shipment and districts and marine inspection zones, discharge of seaman; investigations of see 33 CFR part 3. marine casualties and accidents; inves- [CGD 88–033, 54 FR 50376, Dec. 6, 1989]

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EDITORIAL NOTE: For FEDERAL REGISTER ci- the rights of appeal set forth in subpart tations affecting § 1.01–15, see the List of CFR 1.03 of this part. Sections Affected, which appears in the (b)(1) The general course and method Finding Aids section of the printed volume and at www.fdsys.gov. by which the functions (other than those dealing with suspension and rev- § 1.01–20 Suspension and revocation ocation of credentials described in proceedings. paragraph (c) of this section) con- (a) The Commandant takes final cerning marine safety activities are agency action on each proceeding con- channeled, begins with the Officer in cerned with revocation. Charge, Marine Inspection, at the local (b) The Commandant has delegated Sector Office. From this Officer the authority to the Vice Commandant in course is to the Chief, Marine Safety 33 CFR 1.01–40 to take final agency ac- Division, on the staff of the District tion under subparts I, J, and K of part Commander, and then to the District 5 of this chapter on each proceeding ex- Commander. From the District Com- cept on a petition or appeal in a case mander, the course is to the Chief of on which an order of revocation has one of the offices with Marine Safety been issued. and Environmental Protection at (c) The Commandant assigns to his Headquarters. staff a Chief Administrative Law Judge (2) For Activities Europe, the course who is an Administrative Law Judge is from the Officer in Charge, Activi- appointed under 5 U.S.C. 3105 and ties Europe to the staff of the Atlantic whose assignment is to: Area Commander, then to the Atlantic (1) Act as adviser and special assist- Area Commander, and then to the ant to the Commandant on matters Chief of one of the offices with Marine concerning the administration of hear- Safety and Environmental Protection ings conducted under 46 U.S.C. chapter at Headquarters. 77; (c) In proceedings involving the sus- (2) Conduct hearings under 46 U.S.C. pension or revocation of a Coast Guard chapter 77; credential issued to an individual, the (3) Train new Administrative Law course and method by which such pro- Judges assigned to conduct hearings ceedings are channeled are as follows: under 46 U.S.C. chapter 77; (1) In the United States, the Com- (4) Review the written decisions and monwealth of Puerto Rico, Territory of orders of each Administrative Law Guam, the Virgin Islands, and other Judge assigned to conduct a hearing possessions, the proceedings are initi- under 46 U.S.C. chapter 77; and ated by the issuance of a complaint (5) Act as adviser to the Chief Coun- against the holder of the Coast Guard sel in preparation of the final action of credential. A Coast Guard Inves- proceedings conducted under subparts tigating Officer, as defined in 46 CFR I, J, and K of part 5 of this chapter. 5.15, causes the complaint to be served (d) The Chief Counsel of the Coast on the person described therein (re- Guard, under the general direction and spondent) who is a holder of a Coast supervision of the Commandant, U.S. Guard credential. At a hearing the Coast Guard: Coast Guard submits evidence to sup- (1) Acts as an adviser and as a special port the allegations of the complaint, assistant to the Commandant in mat- while the respondent may submit evi- ters of law; and dence in rebuttal or mitigation. The (2) Prepares for the consideration of Administrative Law Judge renders a the Commandant or the Vice Com- decision on the basis of the evidence mandant, as appropriate, proposed de- adduced at the hearing and the law. cisions on cases on appeal or review in The Administrative Law Judge’s deci- suspension and revocation proceedings. sion is given to the respondent. (i) In a case where an appeal is made § 1.01–25 General flow of functions. by either party (Coast Guard or re- (a) The Officer in Charge, Marine In- spondent), the notice of appeal is filed spection, has final authority with rein accordance with the procedures of 33 spect to the functions described in CFR 20.1001(a). § 1.01–15(b) of this subpart, subject to (ii) [Reserved]

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(2) [Reserved] tor of the OMB for each approved agen- (d) In the performance of their du- cy information collection requirement. ties, all Coast Guard Administrative (b) Display. Law Judges are bound by law and the regulations in this chapter or in 33 46 CFR part or section where identified or described Current OMB control No. CFR chapter I. Statements of policy, clarification of points of procedure, § 2.01 ...... 1625–0002 and general administrative instruc- § 2.95–10 ...... 1625–0035 tions are published in Administrative § 3.10 ...... 1625–0014 Law Judges’ Circulars and Administrative Part 4 ...... 1625–0001 Part 6 ...... 1625–0002 Law Judges’ Internal Practices and Pro- cedures Series. The Chief Administra- tive Law Judge, located in the Office of [CGD 88–033, 54 FR 50376, Dec. 6, 1989, as the Commandant, U.S. Coast Guard, amended by USCG-2004–18884, 69 FR 58341, maintains a complete file of these pub- Sept. 30, 2004] lications for reading purposes during normal working hours. Subpart 1.03—Rights of Appeal [CGD 88–033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 96–041, 61 FR 50725, Sept. 27, AUTHORITY: 5 U.S.C. 552; 14 U.S.C. 633; 46 1996; CGD 97–057, 62 FR 51040, 51041, Sept. 30, U.S.C. 7701; 46 U.S.C. Chapter 93; Public Law 1997; USCG-2004–18884, 69 FR 58341, Sept. 30, 107–296, 116 Stat. 2135; Department of Home- 2004; USCG–2006–24520, 71 FR 35818, June 22, land Security Delegation No. 1070; § 1.01–35 2006, USCG–2006–25556, 72 FR 36329, July 2, also issued under the authority of 44 U.S.C. 2007; USCG–2006–24371, 74 FR 11214, Mar. 16, 3507. 2009; USCG–2009–0314, 74 FR 30937, June 29, 2009] § 1.03–10 Definition of terms used in this subpart. § 1.01–30 Judicial review. (a) The term recognized classification (a) Nothing in this chapter shall be society means the American Bureau of construed to prohibit any party from Shipping or other classification society seeking judicial review of any Com- recognized by the Commandant. mandant’s decision or action taken (b) The term new vessel means: pursuant to the regulations in this part (1) For vessels which require a Cer- or part 5 of this chapter with respect to tificate of Inspection, a new vessel is a suspension and revocation proceedings vessel which has not received an initial arising under 46 U.S.C. chapter 77. Certificate of Inspection. (b) If the person found guilty of any (2) For vessels which do not require a offense fails to make a timely appeal, Certificate of Inspection, a new vessel the decision of the Administrative Law is a vessel which has not received a Judge is final and binding on the per- Load Line assignment. son charged as of the date that the de- (c) The term existing vessel means a cision is delivered to the person vessel which is not a new vessel. charged or his authorized representative. § 1.03–15 General. § 1.01–35 OMB control numbers as- (a) Any person directly affected by a signed pursuant to the Paperwork decision or action taken under this Reduction Act. chapter or under chapter III of this (a) Purpose. This section collects and title, by or on behalf of the Coast displays the control numbers assigned Guard, except for matters covered by to information collection and record subpart J of part 5 of this chapter deal- keeping requirements in this sub- ing with suspension-and-revocation chapter by the Office of Management hearings, shall follow the procedures and Budget (OMB) pursuant to the Pa- contained in this section when request- perwork Reduction Act of 1980 (44 ing that the decision or action be re- U.S.C. 3501 et seq.). The Coast Guard in- viewed, set aside, or revised. tends that this section comply with the (b) When requesting that a decision requirements of 44 U.S.C. 3507(f) which or action be reconsidered or reviewed, requires agencies display a current as may be required by this subpart, control number assigned by the Direc- such request must be made within 30

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days after the decision is rendered or 21002nd St. SW., Stop 7581, Washington, the action is taken. DC 20593–7581, and a copy of each such (c) When making a formal appeal of a appeal must be sent to the National decision or action, as permitted by this Vessel Documentation Center, 792 T J subpart, such appeal must be sub- Jackson Drive; Falling Waters, WV mitted in writing and received by the 25419; authority to whom the appeal is re- (4) Commandant (CG–521), for appeals quired to be made within 30 days after involving the recognition of a classi- the decision or action being appealed, fication society; or or within 30 days after the last admin- (5) Commandant (CG-55) for appeals istrative action required by this sub- involving decisions or actions of the part. Upon written request and for Director, Great Lakes Pilotage. good cause, the 30 day time limit may be extended by the authority to whom (i) Failure to submit a formal appeal the appeal is required to be made. in accordance with the procedures and (d) A formal appeal must contain a time limits contained in this subpart description of the decision or action results in the decision or action becom- being appealed and the appellant’s rea- ing final agency action. son(s) why the decision or action (j) Any decision made by the Com- should be set aside or revised. mandant, or by the Assistant Com- (e) When considering an appeal, the mandant for Marine Safety and Envi- Commandant or a District Commander ronmental Protection, or by an office may stay the effect of a decision or ac- chief pursuant to authority delegated tion being appealed pending determina- by the Commandant is final agency action of the appeal. tion on the appeal. (f) While a request for reconsideration or review or a formal appeal is [CGD 88–033, 54 FR 50376, Dec. 6, 1989] pending, the original decision or action EDITORIAL NOTE: For FEDERAL REGISTER ci- remains in effect, unless otherwise tations affecting § 1.03–15, see the List of CFR stayed under paragraph (e) of this sec- Sections Affected, which appears in the tion. Finding Aids section of the printed volume (g) The Commandant may delegate and at www.fdsys.gov. authority to act on administrative ap- § 1.03–20 Appeals from decisions or ac- peals under this subpart to the Assist- tions of an OCMI. ant Commandant for Marine Safety and Environmental Protection, and ap- Any person directly affected by a de- propriate office chiefs within Marine cision or action of an OCMI may, after Safety and Environmental Protection. requesting reconsideration of the deci- (h) Formal appeals made to the Com- sion or action by the cognizant OCMI, mandant shall be addressed to: make a formal appeal of that decision (1) Commandant (CG-543) for appeals or action, via the office of the cog- involving vessel inspection issues, load nizant OCMI, to the District Com- line issues, and vessel manning issues; mander of the district in which the of- (2) Commandant (CG-52) for appeals fice of the cognizant OCMI is located, involving vessel plan review or tonnage or in the case of the Officer in Charge, measurement issues; Activities Europe, to the Atlantic Area (3) Commandant (CG–54) for all ap- Commander, in accordance with the peals involving suspension or with- procedures contained in § 1.03–15 of this drawal of course approvals, all marine subpart. personnel issues appealed from the Na- tional Maritime Center or from an [USCG–2006–24520, 71 FR 35818, June 22, 2006] OCMI through a District Commander, and all appeals regarding the docu- § 1.03–25 Appeals from decisions or actions of a District Commander. mentation of a vessel under part 67 or part 68 of this title. All appeals regard- Any person directly affected by a de- ing the documentation of a vessel cision or action of a District Com- under part 67 or part 68 of this title mander made pursuant to § 1.03–20 of must be addressed to Commandant this subpart, may make a formal ap- (CG–54d), Coast Guard Headquarters, peal of that decision or action, via the

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office of the cognizant District Com- prior to initiating a formal appeal, mander, to the Commandant, in ac- must request review of that decision or cordance with the procedures con- action by the cognizant OCMI. Fol- tained in § 1.03–15 of this subpart. lowing review by the cognizant OCMI, the decision or action under review § 1.03–30 Appeals from decisions or ac- may be appealed to the District Com- tions of the Marine Safety Center. mander, in accordance with the proce- (a) Any person directly affected by a dures contained in § 1.03–20 of this sub- decision or action of the Marine Safety part. Center involving tonnage measurement or which otherwise affects a new vessel [CGD 88–033, 54 FR 50376, Dec. 6, 1989, as or plans for a vessel to be built may, amended by CGD 97–057, 62 FR 51041, Sept. 30, after requesting reconsideration of the 1997] decision or action by the Commanding § 1.03–40 Appeals from decisions or ac- Officer, Marine Safety Center, make a tions of the National Maritime Cen- formal appeal, of that decision or acter. tion, via the Commanding Officer, Ma- rine Safety Center, to the Com- Any person directly affected by a de- mandant, in accordance with the proce- cision or action of an officer or em- dures contained in § 1.03–15 of this sub- ployee of the National Maritime Center part. (NMC) involving any of the marine (b) Any person directly affected by a safety functions listed in § 1.01–15(c) of decision or action of the Marine Safety this subpart may, after requesting re- Center not involving tonnage measure- consideration of the decision or action ment but which otherwise affects an by the NMC, make a formal appeal of existing vessel, prior to initiating a that decision or action, via the NMC, formal appeal, must request review of to the Director of Prevention Policy, that decision or action by the cog- Commandant (CG–54), in accordance nizant OCMI. Following review by the with the procedures contained in § 1.03– cognizant OCMI, the decision or action 15 of this subpart. The decision of the under review may be appealed to the Director of Prevention Policy, Com- District Commander, in accordance mandant (CG–54), on such an appeal with the procedures contained in § 1.03– will constitute final agency action. 20 of this subpart. [USCG–2006–25535, 71 FR 48482, Aug. 21, 2006. [CGD 97–057, 62 FR 51040, Sept. 30, 1997, as Redesignated by USCG–2006–25535, 72 FR 7930, amended by USCG-1998–4442, 63 FR 52188, Feb. 22, 2007; USCG–2008–0906, 73 FR 56507, Sept. 30, 1998] Sept. 29, 2008]

§ 1.03–35 Appeals from decisions or ac- § 1.03–45 Appeals from decisions or actions of a recognized classification tions involving documentation of society acting on behalf of the vessels. Coast Guard. Any person directly affected by a de- (a) Any person directly affected by a cision or action of an officer or em- decision or action of a recognized clas- ployee of the Coast Guard acting on or sification society performing plan rein regard to the documentation of a view, tonnage measurement, or load vessel under part 67 or part 68 of this line assignment on behalf of the Coast title, may make a formal appeal of Guard may, after requesting reconsid- that decision or action to the Director eration of the decision or action by the of Prevention Policy, Commandant classification society, make a formal (CG–54), in accordance with the proce- appeal, via the classification society dures contained in § 1.03–15 of this sub- headquarters, to the Commandant, in accordance with the procedures con- part. The decision of the Director of tained in § 1.03–15 of this subpart. Prevention Policy, Commandant (CG– (b) Any person directly affected by a 54), on such an appeal will constitute decision or action of a recognized clas- final agency action. sification society acting as a marine [USCG–2006–25535, 72 FR 7930, Feb. 22, 2007, as inspector, as defined in § 30.10–43 of this amended by USCG–2008–0906, 73 FR 56507, chapter, on behalf of the Coast Guard, Sept. 29, 2008]

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§ 1.03–50 Appeals from decisions or ac- 2.10–130 Fees for examination of foreign mo- tions of the Director, Great Lakes bile offshore drilling units. Pilotage. 2.10–135 Penalties. Any person directly affected by a de- Subpart 2.20—Reports and Forms cision or action of the Director, Great Lakes Pilotage, may make a formal ap- 2.20–40 Chief engineer’s reports. peal of that decision or action to Com- 2.20–50 Repairs or alterations in lifesaving mandant (CG-5), in accordance with the or fire prevention equipment. procedures contained in § 1.03–15 of this subpart. Subpart 2.45 [Reserved] [USCG 2003–15137, 68 FR 37093, June 23, 2003, Subpart 2.50—Penalties as amended by USCG–2008–0906, 73 FR 56507, Sept. 29, 2008] 2.50–1 Penalty procedures. PART 2—VESSEL INSPECTIONS Subpart 2.75—Approvals of Safety Equip- ment, Materials and Installations, and Subpart 2.01—Inspecting and Certificating Qualifications for Construction Per- of Vessels sonnel Sec. 2.75–1 Approvals. 2.01–1 Applications for inspections. 2.75–5 Certificates of approval. 2.01–3 Notification of inspection. 2.75–10 Procedures for obtaining approvals. 2.01–5 Certificate of inspection. 2.75–15 Requirements and tests. 2.01–6 Certificates issued to foreign vessels. 2.75–25 Portable fire extinguishers. 2.01–7 Classes of vessels (including motor- 2.75–40 Suspension of approval. boats) examined or inspected and certificated. 2.75–50 Withdrawals or terminations of ap- 2.01–8 Application of regulations to vessels provals and appeals. or tankships on an international voyage. 2.75–60 Hazardous ships’ stores. 2.01–10 Inspection requirements—domestic 2.75–70 Welding procedure and performance vessels. qualifications. 2.01–13 Inspection requirements—foreign vessels. Subpart 2.85—Load Lines 2.01–15 Vessel repairs. 2.01–20 Suspension or revocation of certifi- 2.85–1 Assignment of load lines. cates of inspection. 2.01–25 International Convention for Safety Subpart 2.90—Plans, Drawings or Blueprints of Life at Sea, 1974. 2.01–30 Delegation of OCMI signature au- 2.90–1 General requirements. thority. 2.01–40 Passengers or persons in addition to Subpart 2.95—Retention of Records by the crew on cargo or tank vessels. Public 2.01–45 Excursion permit. 2.01–50 Persons other than crew on towing, 2.95–1 Certificates or documents issued by oyster, or fishing steam vessels. Coast Guard. 2.01–60 Overtime compensation. 2.95–5 Certificates or documents issued by 2.01–70 Right of appeal. others. 2.01–80 Vessel inspections in Alaska. 2.95–10 Equipment or material required to be approved. Subpart 2.10—Fees AUTHORITY: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 2.10–1 Applicability. U.S.C. 2110, 3103, 3205, 3306, 3307, 3703; 46 2.10–5 Exemptions. U.S.C. Chapter 701; E.O. 12234, 45 FR 58801, 3 2.10–10 Waivers. CFR, 1980 Comp., p. 277; Department of 2.10–20 General requirements. Homeland Security Delegation No. 0170.1. 2.10–25 Definitions. Subpart 2.45 also issued under the Act Dec. 2.10–101 Annual vessel inspection fee. 27, 1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 (see 2.10–105 Prepayment of annual vessel in- 46 U.S.C. App. Note prec. 1). spection fees. 2.10–115 Changes in vessel service. EDITORIAL NOTE: Nomenclature changes to 2.10–120 Overseas inspection and examina- part 2 appear at 74 FR 49223, Sept. 25, 2009. tion fees. 2.10–125 Fees for examination of foreign SOURCE: CGFR 65–50, 30 FR 16604, Dec. 30, tankships. 1965, unless otherwise noted.

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Subpart 2.01—Inspecting and (2) Foreign-built vessels are not per- Certificating of Vessels mitted to engage in the U.S. coastwise trade (domestic trade) unless specifi- § 2.01–1 Applications for inspections. cally authorized by law. Therefore, (a) Application forms. (1) Applications when foreign-built vessels are intended for inspections of vessels required to be for use in the coastwise trade as de- inspected under Subtitle II, Title 46 of fined by the U.S. Customs Service, the U.S. Code, Title 46 and Title 33 U.S. such vessels will not be inspected and Code, or under 50 U.S.C. 198 shall be certificated unless specifically author- made by the master, owner, or agent ized by law to engage in coastwise on the following Coast Guard forms trade. which are obtainable from the Officer [CG FR 65–50, 30 FR 16604, Dec. 30, 1965, as in Charge, Marine Inspection, at any amended by CGD 79–023, 48 FR 51006, Nov. 4, local U.S. Coast Guard Sector Office. 1983; CGD 91–030, 60 FR 13563, Mar. 13, 1995; (i) CG-3752—Application for Inspec- CGD 97–057, 62 FR 51041, Sept. 30, 1997; CGD tion of U.S. Vessel. 95–028, 62 FR 51194, Sept. 30, 1997; USCG–2006– (ii) CG-986—Application for Inspec- 25556, 72 FR 36329, July 2, 2007] tion of Foreign Vessel. § 2.01–3 Notification of inspection. (2) These applications require information on name and type of vessel, na- (a) At least 30 days prior to the expi- ture of employment and route in which ration of the Certification of Inspec- to be operated, and place where and tion, a vessel’s owner, charterer, mandate when the vessel may be inspected. aging operator, agent, master or indi- (b) To whom submitted. The completed vidual in charge shall notify the Coast form must be submitted to the Officer Guard if the vessel will be required to in Charge, Marine Inspection, in the be reinspected for certification or will Marine Inspection Zone within which be operated in such a manner as to not the inspection is to be conducted. require a Certificate of Inspection. (c) New vessels. Applications for in- (b) The notification required by para- spection of new vessels must be pre- graph (a) shall be in writing and shall ceded by the submission of applicable be submitted to the Officer in Charge, drawings or prints in accordance with Marine Inspection for the Marine In- the specific requirements in sub- spection or Sector Office of the port chapters D (Tank Vessels), E (Load that: Lines), F (Marine Engineering), H (Pas- (1) Will be reinspecting and senger Vessels), I (Cargo and Miscella- Certificating the Vessel; neous Vessels), J (Electrical Engineer- (2) Issued the vessel’s current Certifi- ing), K (Small Passenger Vessels Car- cate of Inspection if the vessel’s sched- rying More Than 150 Passengers Or ule is such that it is not known where With Overnight Accommodations For the next reinspection will take place; More Than 49 Passengers), L (Offshore or Supply Vessels), O (Certain Bulk Dan- (3) Issued the vessel’s current Certifi- gerous Cargoes), S (Subdivision and cate of Inspection if the vessel will not Stability), and T (Small Passenger be requiring reinspection for the Vessels) of this chapter applicable to issuance of a Certificate of Inspection. that particular type of vessel or type of [CGD 85–015, 51 FR 19340, May 29, 1986, as service in which the vessel is proposed amended by USCG-1999–4976, 65 FR 6498, Feb. to be operated. 9, 2000; USCG–2006–25556, 72 FR 36329, July 2, (d) Foreign-built vessels. (1) Those for- 2007] eign-built vessels which are specifically authorized by public or private § 2.01–5 Certificate of inspection. laws to engage in the coastwise trade, (a) Issuance of certificates. Upon com- and those foreign-built vessels which pletion of the inspection of a United are documented to engage in the for- States vessel, and on condition that eign trade shall be inspected and cer- the vessel and its equipment are ap- tificated as required by law and/or the proved by the inspector, a certificate of regulations in this chapter which are one or more of the following Coast applicable to their class and employ- Guard forms is issued by the Officer in ment. Charge, Marine Inspection:

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(1) CG-841—Certificate of Inspection. and Minimum Pollution Prevention (2) CG-854—Temporary Certificate of Regulations and Transfer Procedures Inspection. (33 CFR parts 155, 156, 157, and 159), and (b) Description of certificates. The cer- Navigation Safety Inspection Regula- tificates of inspection issued to United tions (33 CFR part 164); States vessels describe the vessel, the (3) A foreign Mobile Offshore Drilling route the vessel may travel, the min- Unit that complies with standards list- imum manning requirements, the safe- ed in 33 CFR 143.207 and is engaged in ty equipment and appliances required U.S. Outer Continental Shelf activities; to be on board, the total number of per- (4) A foreign vessel that is suitable sons that may be carried, and the for carriage of cargoes as defined in 46 names of the owners and operators. CFR subchapter D and is in compliance The period of validity is stated on the with Tankship Cargo Venting and Han- certificate. The certificate may be re- dling Systems and Minimum Safety newed by applying for inspection under Standards (SOLAS 74—46 CFR part 35), § 2.01–1. Pollution Prevention Regulations and (c) Amending certificates. When, be- Transfer Procedures (33 CFR parts 155, cause of a change in the character of the vessel or vessel’s route, equipment, 156, 157, and 159), and Navigation Safety etc., the vessel does not comply with Regulations (33 CFR part 164). the requirements of the Certificate of (b) Foreign vessels of countries which Inspection previously issued, an are non-signatory to the International amended certificate may be issued at Convention for the Safety of Life at the discretion of the Officer in Charge, Sea, 1974, are issued a Temporary Cer- Marine Inspection, to whom a request tificate of Inspection (CG–854) and a is made. Certificate of Inspection (CG–841), respectively, as described in § 2.01–5. Any [CGD 77–014, 44 FR 5316, Jan. 25, 1979, as amendments to these certificates shall amended by USCG-1999–4976, 65 FR 6498, Feb. 9, 2000; USCG-2004–18884, 69 FR 58341, Sept. 30, be accomplished in accordance with 2004; USCG–2010–0759, 75 FR 60000, Sept. 29, § 2.01–5(c). 2010] (c) Description of COC. CG–3585 describes the vessel’s particulars, type of § 2.01–6 Certificates issued to foreign vessel examined, type of certificate(s) vessels. required by the International Conven- (a) Issuance of a Certificate of Compli- tion for Safety of Life at Sea, 1974, the ance (COC). Foreign vessels of coun- period of validity, subsequent exams tries which are signatory to the Inter- required to maintain the certificates national Convention for the Safety of validity, the Officer in Charge, Marine Life at Sea, 1974, are issued a Certifi- Inspection zone where the exam was cate of Compliance (CG–3585) upon sat- completed in and if there are any defi- isfactory completion of a compliance ciencies as to applicable regulations at examination by the Officer in Charge, the time the vessel was examined. If Marine Inspection: there are deficiencies issued, they are (1) A foreign passenger vessel that is listed in the examination record sec- registered in a country which is signa- tion of the COC. tory to the International Convention for the Safety of Life at Sea, 1974, vis- [USCG–2010–0759, 75 FR 60000, Sept. 29, 2010] its U.S. ports with U.S. citizens as passengers or embarks passengers in U.S. § 2.01–7 Classes of vessels (including ports, and holds a valid Passenger Ship motorboats) examined or inspected Safety Certificate; and certificated. (2) A foreign vessel that is suitable (a) The regulations in this chapter for carriage of hazardous cargoes in concerning inspecting and certificating bulk as defined in 46 CFR subchapter 0 vessels are applicable to vessels (in- and is in compliance with Tankship cluding motorboats) as indicated in the Cargo Venting and Handling Systems following table 2.01–7(a):

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(b) The specific application of regula- specific subchapter governing a par- tions concerning inspecting and ticular class of vessels. certificating vessels is set forth in the

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(1) For passenger vessels see part 70 § 2.01–10 Inspection requirements—do- of subchapter H (Passenger Vessels) of mestic vessels. this chapter. (a) If during the inspection of a vessel (2) For cargo and miscellaneous ves- made at the request of the master, sels see part 90 of subchapter I (Cargo owner, or agent, the vessel or her and Miscellaneous Vessels) of this equipment is found not to conform to chapter. the requirements of law or regulations (3) For tank vessels see part 30 of in this chapter, the requirements subchapter D (Tank Vessels) of this which must be met will be listed on chapter. Form CG-835, Notice of Merchant Ma- (4) For small passenger vessels see rine Inspection Requirements, and part 114 of subchapter K (Small Pas- given to the master of the vessel. senger Vessels Carrying More Than 150 (b) The Coast Guard, on its own ini- Passengers or with Overnight Accom- tiative, may examine or inspect or re- modations for More Than 49 Pas- inspect at any time any vessel subject sengers) and part 175 of subchapter T to inspection under Subtitle II, Title 46 (Small Passenger Vessels) of this chap- of the U.S. Code, Title 46 and Title 33 ter. U.S. Code. If during such examination, (5) For uninspected vessels see part 24 inspection, or reinspection, any failure of subchapter C (Uninspected Vessels) to comply with any applicable require- of this chapter. ment of law and/or applicable regula- (6) For vessels carrying certain bulk tions in this chapter, or any defects or dangerous cargoes see subchapter O of imperfections become apparent tending this chapter. to render the navigation of the vessel [CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as unsafe, or that repairs have become amended by CGFR 67–83, 33 FR 1102, Jan. 27, necessary, the Coast Guard will so no- 1968; CGFR 70–10, 35 FR 3706, Feb. 25, 1970; tify the master and state what is re- CGD 73–96, 42 FR 49022, Sept. 26, 1977; CGD 86– quired. 033, 53 FR 36023, Sept. 16, 1988; 53 FR 46871, Nov. 21, 1988; CGD 90–008, 55 FR 30659, July 26, [CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as 1990; CGD 97–057, 62 FR 51041, Sept. 30, 1997; amended by CGD 95–028, 62 FR 51194, Sept. 30, USCG-1999–5040, 67 FR 34760, May 15, 2002; 1997; USCG-2004–18884, 69 FR 58341, Sept. 30, USCG–2008–1107; 74 FR 63619, Dec. 4, 2009] 2004]

§ 2.01–8 Application of regulations to § 2.01–13 Inspection requirements— vessels or tankships on an inter- foreign vessels. national voyage. (a) Foreign vessels registered in (a) Where, in various places or por- countries which are parties to the ef- tions in this chapter, requirements are fective International Convention for stipulated specifically for vessels on an Safety of Life at Sea are normally sub- international voyage or tankships on an ject to the examination provided for in international voyage, it is intended that Chapter I of that Convention. However, these requirements apply only to ves- in the case of any vessel involving sels or tankships, as applicable, which novel features of design or construc- are subject to the International Con- tion, upon which that Convention is si- vention for Safety of Life at Sea, 1974. lent or which involve potential unusual (b) For details regarding application operating risks, a more extensive in- of Convention requirements to tank- spection may be required when consid- ships, see § 30.01–6 of this chapter; to ered necessary to safeguard the life or passenger vessels, see § 70.05–10 of this property in United States ports where chapter; to cargo ships other than such vessel may enter. In such a case, tankships, see § 90.05–10 of this chapter; pertinent plans and/or calculations and to small passenger vessels, see may be required to be submitted suffi- §§ 115.900 and 176.900 of this chapter. ciently in advance to permit evalua- (E.O. 11239, 30 FR 9671, 3 CFR, 1965 tion before inspection. Supp.). (b) Foreign vessels registered in [CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as countries which are not parties to the amended by CGD 90–008, 55 FR 30659, July 26, effective International Convention for 1990; USCG-1999–4976, 65 FR 6499, Feb. 9, 2000] Safety of Life at Sea, or foreign vessels

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registered in countries which are par- (6) For oceanographic vessels, see ties to the effective Convention but §§ 189.45–1 and 189.50–1 of subchapter U which vessels are exempted from part (Oceanographic Vessels) of this chap- or all of the Convention, may under ter. conditions specified in applicable in- (7) For repairs to a vessel after it has spection laws be subject to inspection been surveyed, see § 42.09–50 of sub- and certification as specified in regula- chapter E (Load Lines) of this chapter. tions governing specific categories of (8) For repairs to boilers, pressure vessels. vessels, and appurtenances, see part 59 (c) For details concerning application of regulations to foreign vessels, see of subchapter F (Marine Engineering) part 30 (Tank Vessels), part 70 (Pas- of this chapter. senger Vessels), part 90 (Cargo and Mis- (9) For repairs to electrical installa- cellaneous Vessels), § 147.1 (Dangerous tions or equipment, see §§ 111.05–5(e), Cargoes), part 148 (Bulk Solid Haz- 111.05–10(e), and 111.90–5 of subchapter J ardous Materials), parts 153 and 154 (Electrical Engineering) of this chap- (Certain Bulk Dangerous Cargoes), and ter. part 175 (Small Passenger Vessels) of (10) For vessels carrying compressed this chapter. gases regulated by subchapter O (Cer- [CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as tain Bulk Dangerous Cargoes), see amended by CGD 73–96, 42 FR 49022, Sept. 26, § 151.50 30(c) of this chapter. 1977; CGD 97–057, 62 FR 51041, Sept. 30, 1997] (11) For repairs to a vessel that affects its subdivision or stability, see § 2.01–15 Vessel repairs. § 170.005 of this chapter. (a) No repairs or alterations affecting (b) If repairs to a vessel are nec- the safety of the vessel or its machin- essary, such a vessel may be permitted ery shall be made unless applicable re- to proceed to another port for repairs, quirements in this chapter are met. if, in the opinion of the marine inspec- The procedures to be followed in noti- tor, it can be done with safety. The fying the Coast Guard about vessel re- permit is granted by the Officer in pairs vary according to the type of ves- Charge, Marine Inspection, upon re- sel and service in which engaged. The quest in writing by the master or requirements are set forth in the sub- owner of the vessel and is issued on chapter governing a particular class of vessels or in a subchapter governing a Coast Guard Form CG-948, Permit to particular subject as follows: Proceed to Another Port for Repairs. (1) For passenger vessels that are 100 The requirements for such permits are gross tons or more, see §§ 71.55–1 and set forth in the subchapter governing a 71.60–1 of subchapter H (Passenger Ves- particular class of vessels as follows: sels) of this chapter. (1) For passenger vessels that are 100 (2) For small passenger vessels under gross tons or more, see subpart 71.05 of 100 gross tons, see either § 176.700 of subchapter H (Passenger Vessels) of subchapter T (Small Passenger Vessels) this chapter. or § 115.700 of subchapter K (Small Pas- (2) For small passenger vessels under senger Vessels Carrying More than 150 100 gross tons, see subpart B of sub- Passengers or with Overnight Accom- chapter T (Small Passenger Vessels) of modations for more than 49 Pas- this chapter. sengers) of this chapter. (3) For cargo and miscellaneous ves- (3) For cargo and miscellaneous vessels, see subpart 91.05 of subchapter I sels, see §§ 91.45–1 and 91.50–1 of sub- (Cargo and Miscellaneous Vessels) of chapter I (Cargo and Miscellaneous this chapter. Vessels) of this chapter. (4) For tank vessels, see §§ 31.10–25 (4) For tank vessels, see § 31.10–35 of and 35.01–1 of subchapter D (Tank Ves- subchapter D (Tank Vessels) of this sels) of this chapter. chapter. (5) For public nautical schoolships, (5) For public nautical schoolships, see §§ 167.30–1 and 167.30–10 of sub- see § 167.30–5 of subchapter R (Nautical chapter R (Nautical Schools) of this Schools) of this chapter. chapter.

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(6) For oceanographic vessels, see nized classification society at the op- subpart 189.05 of subchapter U (Oceano- tion of the owner or agent. graphic Vessels) of this chapter. (iii) Cargo Ships Safety Equipment Certificate. [CGFR 68–126, 34 FR 9010, June 5, 1969, as amended by CGD 73–96, 42 FR 49023, Sept. 26, (iv) Exemption Certificate. 1977; CGD 79–023, 48 FR 51006, Nov. 4, 1983; (v) Nuclear Passenger Ship Safety CGD 97–057, 62 FR 51041, Sept. 30, 1997; USCG- Certificate. 2004–18884, 69 FR 58341, Sept. 30, 2004] (vi) Nuclear Cargo Ship Safety Cer- tificate. § 2.01–20 Suspension or revocation of (vii) Safety Management Certificate, certificates of inspection. except when issued by a recognized or- Under the authority if 46 U.S.C. 3313 ganization authorized by the Coast and 46 U.S.C. 3710, a certificate of in- Guard. spection issued to a vessel may be sus- (viii) International Ship Security pended or revoked if a vessel is found Certificate (ISSC). not to comply with the terms of its (ix) High-Speed Craft Safety Certifi- certificate or fails to meet a standard cate required by this chapter. (3) When authorized by the Com- [CGD 95–028, 62 FR 51195, Sept. 30, 1997, as mandant, U.S. Coast Guard, an author- amended by USCG-1998–4442, 63 FR 52188, ized classification society may issue Sept. 30, 1998; USCG-2004–18884, 69 FR 58341, international convention certificates Sept. 30, 2004] as permitted under part 8, subpart C, of this title. § 2.01–25 International Convention for (4) The Federal Communications Safety of Life at Sea, 1974. Commission will issue the following (a) Certificates required. (1) The Inter- certificates: national Convention for Safety of Life (i) Cargo Ship Safety Radio Certifi- at Sea, 1974, requires one or more of cate. the following certificates to be carried (ii) Exemption Certificate. on board certain passenger, cargo or (b) Applications. (1) The application tankships engaged in international for inspection and issuance of a certifi- voyages: cate or certificates is made on the ap- (i) Passenger Ship Safety Certificate. propriate form listed in § 2.01–1, or by (ii) Cargo Ship Safety Construction letter, to the Officer in Charge, Marine Certificate. Inspection, in or nearest the port at (iii) Cargo Ship Safety Equipment which the inspection is to be made and Certificate. shall be signed by the master or agent (iv) Cargo Ship Safety Radio Certifi- of the vessel. The certificates pre- cate. viously issued are surrendered at the (v) Nuclear Passenger Ship Safety time the inspection is performed. Fur- Certificate. ther details are set forth in subchapter (vi) Nuclear Cargo Ship Safety Cer- D (Tank Vessels), subchapter H (Pas- tificate. senger Vessels), subchapter I (Cargo (vii) Safety Management Certificate. and Miscellaneous Vessels), subchapter (viii) International Ship Security K (Small Passenger Vessels Carrying Certificate. more than 150 Passengers or with over- (ix) High-Speed Craft Safety Certifi- night accommodations for more than cate 49 Passengers), subchapter L (Offshore (2) The U.S. Coast Guard will issue Supply Vessels), subchapter O (Certain through the Officer In Charge, Marine Bulk Dangerous Cargoes), subchapter T Inspection, the following certificates (Small Passenger Vessels), and Sub- after performing an inspection or safe- chapter U (Oceanographic Research ty management audit of the vessel’s Vessels), of this chapter. systems and determining the vessel (2) For vessels other than passenger meets the applicable requirements: vessels, you must contact the local of- (i) Passenger Ship Safety Certificate. fice of the Federal Communications (ii) Cargo Ship Safety Construction Commission to apply for the inspection Certificate, except when issued to concerning the issuance of a Cargo cargo ships by a Coast Guard recog- Ship Safety Radio Certificate.

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(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. (2) A Convention certificate may be (g) Foreign flag vessels. At the request withdrawn, revoked or suspended at of the government of a country in any time when it is determined the which is registered a vessel engaged in vessel is no longer in compliance with an international voyage, such a vessel applicable requirements. (See § 2.01–70 may be issued the applicable certifi- for appeal procedures.) cate or certificates listed in paragraph (d) CG-969—Notice of Receipt of Appli- (a) of this section. The certificate will cation for Passenger Ship Safety Certifi- be issued only after inspection has been cate. (1) The Passenger Ship Safety Cer- made by the issuing agency, providing tificate is issued by the Commandant the vessel is found to comply with the after determining all applicable re- requirements of the Convention. quirements of the Convention have been met. In the event the completion [CGFR 65–50, 30 FR 16604, Dec. 30, 1965] of the certification of any passenger EDITORIAL NOTE: For FEDERAL REGISTER ci- vessel cannot be effected prior to the tations affecting § 2.01–25, see the List of CFR sailing of the passenger ship on a for- Sections Affected, which appears in the eign voyage, or in any case where the Finding Aids section of the printed volume Passenger Ship Safety Certificate is and at www.fdsys.gov. not received from the Commandant before the ship sails on a foreign voyage, § 2.01–30 Delegation of OCMI signature the Officer in Charge, Marine Inspec- authority. tion, will issue a completed Form CG- The Officer in Charge, Marine Inspec- 969, describing the passenger ship and tion, may redelegate signature author- certifying that an application for a ity for documents issued under this Passenger Ship Safety Certificate is subpart to: one individual on his or her being processed, and that in his opinion staff; and each Marine Safety Unit the vessel meets applicable require- Commanding Officer within his or her ments of the Convention administered Sector. by the Coast Guard. [USCG–2009–0702, 74 FR 49223, Sept. 25, 2009] (2) The completed Form CG-969 may be exhibited in explanation of the fail- § 2.01–40 Passengers or persons in ad- ure of the passenger ship to have on dition to crew on cargo or tank ves- board a current Passenger Ship Safety sels. Certificate. This completed form CG- (a) Under the authority of 46 U.S.C. 969 may be accepted as prima facie evidence that the passenger ship described 3304, a documented vessel transporting therein is in compliance with the appli- cargo may be allowed by its certificate cable requirements of the Convention. of inspection to carry not more than 12 individuals in addition to the crew on (e) Exempted vessel. (1) A vessel may international voyages and not more be exempted by the Commandant from than 16 individuals in addition to the complying with certain requirements crew on other voyages. of the Convention under his administration upon request made in writing (b) The application for permission to to him and transmitted via the Officer carry persons in addition to the crew in Charge, Marine Inspection. In such may be included in the application de- case the exemptions are stated in the scribed in § 2.01–1. If granted it is en- Exemption Certificate, which is issued dorsed on the certificate of inspection. by the Commandant through the ap- [CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as propriate Officer in Charge, Marine In- amended by CGD 95–028, 62 FR 51195, Sept. 30, spection. 1997]

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§ 2.01–45 Excursion permit. granted it is endorsed on the certificate of inspection. (a) Under 46 U.S.C. 2113, the Coast Guard may issue a permit to the [CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as owner, operator, or agent of a pas- amended by CGD 95–028, 62 FR 51195, Sept. 30, senger vessel, allowing the vessel to en- 1997] gage in excursions that carry addi- § 2.01–60 Overtime compensation. tional numbers of passengers, extend (a) General. Extra compensations for an existing route, or both. Details con- overtime services performed by inspec- cerning the application process for ex- tors of vessels and their assistants who cursion permits for inspected passenger may be required to remain on duty be- vessels are contained in §§ 71.10, 115.204, tween the hours of 5:00 p.m. and 8:00 or 176.204 of this chapter. Details con- a.m. or on Sundays or holidays to per- cerning the application process for spe- form services in connection with the cial permits for uninspected passenger inspection of vessels or their equip- vessels are contained in § 26.03–6 of this ment, supplying or signing on or dis- chapter. charging crews of vessels is authorized (b) For Marine Events of National by 46 U.S.C. 2111 and regulations in Significance, as determined by the part 9 of this chapter, together with Commandant, U.S. Coast Guard, a ves- the method of computing such extra sel may be permitted to engage in compensation. these events while carrying passengers- (b) Application and certification of for-hire for the duration of the event. time. Application for the performance Event sponsors must request this de- of such overtime services and certifi- termination in writing from the Com- cation of services performed is made by mandant (CG–54) at least 1 year prior the master, owner, or agent of a vessel to the event. Details concerning the to the Officer in Charge, Marine In- application process for special permits spection, on Form CG-830, Application for Marine Events of National Signifi- for and Certificate of Overtime Service. cance are contained in § 26.03–8 of this (c) Collection. The bill for the collec- chapter. tion of the overtime compensation is (c) The application for an excursion submitted by the Officer in Charge, permit is made by the master, owner, Marine Inspection to the master, or agent of the vessel to the Officer in owner, or agent on whose vessel overtime services are performed on Form Charge, Marine Inspection, on Coast CG-832, Bill for Collection Overtime Guard Form CG-950, Application for Services. Payment is made to the Col- Excursion Permit. If, after inspection, lector of Customs of the port des- permission is granted, it is given on ignated. Coast Guard form CG-949, Permission to Carry Excursion Party. The permit [CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as describes the vessel, the route over amended by CGD 97–057, 62 FR 51041, Sept. 30, 1997; USCG-2000–7790, 65 FR 58458, Sept. 29, which and the period during which the 2000] excursions may be made, and the safety equipment required for the addi- § 2.01–70 Right of appeal. tional persons indicated. Any person directly affected by a de- [USCG-1999–5040, 67 FR 34767, May 15, 2002] cision or action taken under this part, by or on behalf of the Coast Guard, § 2.01–50 Persons other than crew on may appeal therefrom in accordance towing, oyster, or fishing steam ves- with subpart 1.03 of this chapter. sels. [CGD 88–033, 54 FR 50379, Dec. 6, 1989] (a) A steam vessel engaged in towing, oyster dredging and planting, and fish- § 2.01–80 Vessel inspections in Alaska. ing may be permitted to carry persons (a) The waters of southeastern Alas- in addition to its crew. ka inside of the general trend of the (b) The application for a permit to shore from Cape Spencer, southeasterly carry such persons may be included in to Cape Muzon, and thence easterly to the application described in § 2.01–1. If Sitklan Island, shall be considered as

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bays, sounds, and lakes other than the (c) The term used exclusively in para- Great Lakes, for the purpose of admin- graphs (a) and (b) of this section does istering the vessel inspection laws and not preclude: applicable regulations in this chapter. (1) The carriage of adult volunteers or crew, or Subpart 2.10—Fees (2) The vessel’s use for fundraising activities without regard to the age of the participants aboard the vessel, pro- SOURCE: CGD 91–030, 60 FR 13563, Mar. 13, vided revenues raised are for the oper- 1995, unless otherwise noted. ation and maintenance of the vessel § 2.10–1 Applicability. and that such fundraising activities do not exceed one day of fundraising for (a) This subpart establishes vessel in- each month of the vessel’s operating spection fees for all vessels required to season. have a Certificate of Inspection and (d) Vessel owners or operators may vessel examination fees for all foreign submit a written request for exemption vessels required to have a Certificate of to the Officer in Charge, Marine In- Compliance. spection, of the Marine Inspection Zone (b) The fees in this subpart do not in which the vessel normally operates. apply to: The exemption request must provide (1) Vessels being inspected for the the vessel name, the vessel identifica- initial issuance of a Certificate of In- tion number, and evidence that the or- spection; ganization and the vessel meet the cri- (2) Foreign passenger vessels; teria set forth in this section. The Offi- (3) Training vessels operated by State cer in Charge, Marine Inspection will maritime academies; endorse and forward the request to (4) Public vessels of the United Commandant (CG–DCO–83) for decision. States except for Maritime Adminis- [CGD 96–067, 62 FR 19232, Apr. 21, 1997, as tration vessels; and amended by CDG 96–067, 63 FR 59474, Nov. 4, (5) Publicly owned ferries. 1998; USCG–2010–0759, 75 FR 60001, Sept. 29, [CGD 91–030, 60 FR 13563, Mar. 13, 1995, as 2010] amended by CGD 96–067, 62 FR 19232, Apr. 21, 1997; USCG–2010–0759, 75 FR 60001, Sept. 29, § 2.10–10 Waivers. 2010] The Commandant (CG–DCO–83) will waive collection of vessel inspection § 2.10–5 Exemptions. fees in this subpart for a Federally- (a) Vessels owned or operated by a owned or operated vessel if the fee non-profit organization may be ex- would be directly paid by an agency empted from payment of the fees re- acting as the vessel owner using Fed- quired by this subpart, only if the ves- eral appropriated funds. By October 1 sel is used exclusively for one or more of each year, Federal agencies shall of the following: provide Commandant (CG–DCO–83) (1) Training youth in boating, sea- with a list of the names and vessel manship, or navigation skills; identification numbers of vessels for (2) Educating youth in a course of which a fee waiver is requested. marine environmental studies; [CGD 91–030, 60 FR 13563, Mar. 13, 1995, as (3) Providing excursions for persons amended by CGD 95–072, 60 FR 50459, Sept. 29, with disabilities as defined under the 1995; CGD 96–041, 61 FR 50725, Sept. 27, 1996; Americans with Disabilities Act (ADA) USCG–2010–0759, 75 FR 60001, Sept. 29, 2010] [42 U.S.C. 12102(2)]; or (4) Providing medical services. § 2.10–20 General requirements. (b) Vessels owned or operated by the (a) Unless otherwise specified, vessel Federal government or the government owners must pay the fees required by of any State or political subdivision this subpart before inspection or exam- thereunder may be exempted from the ination services are provided. fees required by this subpart provided (b) Fees required by this subpart the vessel is used exclusively for one or must be paid in U.S. currency by check more of the purposes listed in para- or money order, drawn on a U.S. bank, graph (a) of this section. and made payable to the U.S. Treasury.

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Payment may also be made by credit Drill ship MODU means a mobile off- card or wire transfer. shore drilling unit with a ship shape (c) All payments must be accom- displacement hull intended for oper- panied by the vessel name and its ves- ation in the floating condition. sel identification number. Ferry means a vessel that is used on (d) Unless otherwise specified, fees a regular schedule— required by this subpart must be (1) To provide transportation only be- mailed to the following addresses: tween places that are not more than (1) For COI and COC Inspections: 300 miles apart; and (i) For payment by credit card, U.S. (2) To transport only— Coast Guard Finance Center (OGR), (i) Passengers; or 1430A Kristina Way, Chesapeake, VA (ii) Vehicles, or railroad cars, that 23326. are being used, or have been used, in (ii) For payment by check, made pay- transporting passengers or goods. able to U.S. Treasury, with delivery by Freight barge means a non-self-pro- postal service, USCG Inspection Fees, pelled vessel carrying freight for hire. P.O. Box 531030, Atlanta, GA 30353–1030. Freight ship means a self-propelled (iii) For payment by check, made freight vessel. payable to U.S. Treasury, with delivery Freight vessel means a motor vessel of by overnight courier, USCG Vessel In- more than 15 gross tons that carries spection Fees, Bank of America, freight for hire, except an oceano- Lockbox Number 531030 (COI), 1075 graphic research vessel or an offshore Loop Road, Atlanta, GA 30337–6002. supply vessel. (2) For Overseas Inspection Fees: Industrial vessel means a vessel which, by reason of its special outfit, purpose, (i) For payment by credit card, U.S. design, or function engages in certain Coast Guard Finance Center (OGR), industrial ventures. For the purposes 1430A Kristina Way, Chesapeake, VA of this subpart, this classification in- 23326. cludes such vessels as dredges, cable (ii) For payment by check, made pay- layers, derrick barges, and construc- able to U.S. Treasury, with delivery by tion and wrecking barges, but does not postal service, USCG User Fees, P.O. include vessels which carry passengers Box 531769, Atlanta, GA 30353–1769. or freight for hire, OSVs, oceano- (iii) For payment by check, made graphic research vessels, or vessels en- payable to U.S. Treasury, with delivery gaged in the fisheries. by overnight courier, USCG User Fees, Liquefied gas tankship means a self- Bank of America, Lockbox Number propelled vessel equipped with cargo 531769 (USF), 1075 Loop Road, Atlanta, tanks primarily designed to carry liq- GA 30337–6002. uefied or compressed gases in bulk. (e) For purposes of this subpart, the Mobile offshore drilling unit (MODU) address for Commandant (CG–DCO–83) means a vessel capable of engaging in is: Commandant (CG–DCO–83), United drilling operations for the exploration States Coast Guard, 2100 2nd St. SW., or exploitation of subsea resources that Stop 7681, Washington, DC 20593–7681. is: seagoing and 300 or more gross tons (f) Information concerning a vessel’s and self-propelled by machinery; Sea- user fee anniversary date may be ob- going and 100 or more gross tons and tained from any Coast Guard Coast non-self-propelled; or more than 65 feet Guard Sector, Officer in Charge, Ma- in length and propelled by steam. rine Inspection, or Marine Safety De- Nautical school vessel means a vessel tachment. operated by or in connection with a [CGD 91–030, 60 FR 13563, Mar. 13, 1995, as nautical school or an educational insti- amended by CGD 95–072, 60 FR 50459, Sept. 29, tution under section 13 of the Coast 1995; CGD 96–041, 61 FR 50725, Sept. 27, 1996; Guard Authorization Act of 1986, Pub- USCG–2010–0759, 75 FR 60001, Sept. 29, 2010; lic Law 99–640. USCG–2011–0618, 76 FR 60753, Sept. 30, 2011] Non-profit organization means an organization under Internal Revenue § 2.10–25 Definitions. Code (I.R.C.) section 501(c) which is ex- The following definitions apply to empt for the purposes of federal income this subpart: taxation.

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Oceanographic research vessel means a than 6 individuals who are sailing vessel that is being employed only in school instructors or sailing school instruction in oceanography or lim- students, principally equipped for pro- nology, or both, or only in oceano- pulsion by sail even if the vessel has an graphic or limnological research, in- auxiliary means of propulsion, and cluding those studies about the sea owned or demise chartered and oper- such as seismic, gravity meter, and ated by a qualified organization during magnetic exploration and other marine such times as the vessel is operated ex- geophysical or geological surveys, at- clusively for the purposes of sailing in- mospheric research, and biological re- struction. search. Sea-going towing vessel means a sea- Offshore supply vessel or OSV means a going commercial vessel engaged in or vessel that— intending to engage in the service of (1) Is propelled by machinery other pulling, pushing or hauling alongside, than steam; or any combination of pulling, pushing (2) Does not meet the definition of a or hauling alongside. passenger-carrying vessel in 46 U.S.C. Self-elevating MODU means a mobile 2101(22) or 46 U.S.C. 2101(35); offshore drilling unit with movable (3) Is more than 15 but less than 500 legs capable of raising its hull above gross tons (as measured under the the surface of the sea. Standard, Dual, or Simplified Measure- Semi-submersible MODU means a moment System under part 69, subpart C, bile offshore drilling unit with the D or E of this chapter) or less than main deck connected to an underwater 6,000 gross tons (as measured under the hull by columns or caissons, that is in- Convention Measurement System tended for drilling operations in the under part 69, subpart B of this chap- floating condition. ter); and Small passenger vessel means a vessel (4) Regularly carries goods, supplies, of less than 100 gross tons: individuals in addition to the crew, or (1) Carrying more than 6 passengers, equipment in support of exploration, including at least 1 passenger for hire; exploitation, or production of offshore (2) That is chartered with the crew mineral or energy resources. provided or specified by the owner or Passenger barge means a non-self-pro- the owner’s representative and car- pelled passenger vessel, including a rying more than 6 passengers; prison barge or a barge which carries (3) That is chartered with no crew occupied recreational vehicles. provided or specified by the owner or Passenger ship means a self-propelled the owner’s representative and car- passenger vessel. rying more than 12 passengers; Passenger vessel means a vessel of at (4) That is a submersible vessel car- least 100 gross tons: rying at least one passenger for hire; or (1) Carrying more than 12 passengers, (5) That is a ferry carrying more than including at least one passenger for 6 passengers. hire; State means a State of the United (2) That is chartered and carrying States, Guam, Puerto Rico, the Virgin more than 12 passengers; Islands, American Samoa, the District (3) That is a submersible vessel car- of Columbia, the Northern Mariana Is- rying at least one passenger for hire; or lands and any other territory or pos- (4) That is a ferry carrying a pas- session of the United States. senger. Submersible MODU means a mobile Political subdivision means a county, offshore drilling unit intended for drill- district, parish, township, city or simi- ing operations in the bottom-bearing lar governmental entity established condition, having the main deck con- within a State. nected to an underwater hull or pon- Publicly owned means, owned by (1) toons by way of columns or caissons. the federal government, or (2) the gov- Submersible vessel means a vessel that ernment of any State or political sub- is capable of operating below the sur- division thereunder. face of the water. Sailing school vessel means a vessel of Tank barge means any tank vessel less than 500 gross tons, carrying more not equipped with means of propulsion.

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Tank vessel means a vessel that is § 2.10–101 Annual vessel inspection constructed or adapted to carry, or fee. that carries, oil or hazardous material (a)(1) Unless otherwise provided by in bulk as cargo or cargo residue. this subpart, each vessel required to Tankship means any tank vessel pro- have a Certificate of Inspection is sub- pelled by power or sail, including an in- ject to the annual vessel inspection fee tegrated tug and barge designed to op- listed in table 2.10–101 for its vessel cat- erate together only in the pushing egory. mode. (2) A vessel certificated for more User fee anniversary date means the than one service must pay only the date on which a vessel’s annual inspec- higher of the two applicable fees in tion fee is due each year. Once estab- table 2.10–101 of this section. lished by the Coast Guard, a vessel’s (b) The vessel owner or operator user fee anniversary date remains fixed must pay the annual vessel inspection for as long as the vessel remains in fee each year on or before the vessel’s service. user fee anniversary date, unless the fee has been prepaid under § 2.10–105 of Vessel identification number (VIN) this subpart. means a U.S. official number, a number (c) Payment of the annual vessel in- assigned by a State, a number assigned spection fee entitles a vessel to all in- by the Coast Guard, or a Lloyd’s Reg- spection services related to compliance ister of Shipping identification number with its Certificate of Inspection, in- issued to a U.S. or foreign commercial cluding but not limited to the inspec- vessel for purposes of vessel identification for renewal of the Certificate of tion. For U.S. vessels, VIN means the Inspection, reinspections (annual and number listed on the Certificate of In- periodic inspections), hull (drydock) inspection. For foreign vessels, VIN spections, deficiency inspections, dam- means either the Lloyd’s Register of age surveys, repair and modification Shipping identification number or the inspections, change in vessel service number assigned by the Coast Guard. inspections, permit to proceed inspec- Youth means an individual 21 years of tions, drydock extension inspections, age or younger. and all inspections required for the issuance of international certificates. [CGD 91–030, 60 FR 13563, Mar. 13, 1995, as (d) Entitlement to inspection serv- amended by CGD 96–067, 62 FR 19232, Apr. 21, ices for the current year remains with 1997; CGD 97–057, 62 FR 51041, Sept. 30, 1997; the vessel if it is sold. The entitlement CDG 96–067, 63 FR 59474, Nov. 4, 1998; USCG– to inspection services may not be 2008–1107; 74 FR 63628, Dec. 4, 2009] transferred to any other vessel.

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 ...... $1,030 Freight Barges: Length not greater than 150 feet ...... 495 More than 150 feet but not more than 300 feet ...... 610 More than 300 feet ...... 955 Freight Ships: Length not greater than 100 feet ...... 1,425 More than 100 feet but no more than 300 feet ...... 1,870 More than 300 feet ...... 5,410 Industrial Vessels: Length not greater than 200 feet ...... 1,435 More than 200 feet ...... 2,550 Mobile Offshore Drilling Units (MODUs): Drill ship MODUs ...... 6,710 Submersible MODUs ...... 4,695 Self-elevating MODUs ...... 4,695 Semi-submersible MODUs ...... 8,050 Nautical School Vessels:

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TABLE 2.10–101—ANNUAL VESSEL INSPECTION FEES FOR U.S. AND FOREIGN VESSELS REQUIRING A CERTIFICATE OF INSPECTION—Continued

Length not greater than 100 feet ...... 835 More than 100 feet but not more than 200 feet ...... 1,450 More than 200 feet ...... 7,205 Oceanographic Research Vessels: Length not greater than 170 feet ...... 840 More than 170 feet but not more than 240 feet ...... 1,980 More than 240 feet ...... 3,610 Offshore Supply Vessels: Length not greater than 140 feet ...... 1,135 More than 140 feet ...... 1,470 Offshore Supply Vessels: Alternate Reinspection Program *: Length not greater than 140 feet ...... 940 More than 140 feet ...... 1,260 Passenger Barges: Less than 100 gross tons and: Less than 65 feet in length ...... 300 65 feet or more in length ...... 600 100 gross tons or more and: Certified for fewer than 150 passengers ...... 2,215 Certified for 150 or more passengers ...... 2,525 Passenger Ships: Length not greater than 250 feet: Certified for fewer than 150 passengers ...... 3,600 Certified for 150 or more passengers ...... 4,050 More than 250 feet but not more than 350 feet ...... 5,330 More than 350 feet but not more than 450 feet ...... 6,835 More than 450 feet ...... 14,650 Sailing School Vessels: Length not greater than 30 feet ...... 530 More than 30 feet but not more than 65 feet ...... 560 More than 65 feet ...... 980 Sea-going Towing Vessels ...... 2,915 Small Passenger Vessels: Less than 65 feet in length ...... 300 65 feet or more in length ...... 600 Tank Barges ...... 500 Tankships: Length not greater than 100 feet ...... 1,295 More than 100 feet but not more than 300 feet ...... 2,310 More than 300 feet ...... 5,805 Liquefied Gas Tankships ...... 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.

[CGD 91–030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 96–067, 62 FR 19232, Apr. 21, 1997; USCG-2004–18884, 69 FR 58341, Sept. 30, 2004; USCG–2010–0759, 75 FR 60001, Sept. 29, 2010]

§ 2.10–105 Prepayment of annual ves- DCO–83) specifying the vessel identi- sel inspection fees. fication number and the period for (a) Vessel owners may prepay the an- which prepayment is to be made. nual vessel inspection fee for any pe- (c) The total of the annual fees for riod of not less than three years, and the requested prepayment period will not more than the design life or re- be discounted to its net present value maining expected service life of the using the following formula: vessel. (b) To prepay the annual vessel in- n R ()1+ π t spection fee for a period of three or PV = ∑ 0 more years, the owner must submit a + t t=0 ()1 i written request to Commandant (CG–

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Where: egory and advise the owner of available PV is the Present Value of the series of an- prepayment options. nual user fees to be prepaid (the net amount to be prepaid) [CGD 91–030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 95–072, 60 FR 50459, Sept. 29, RO is the published user fee of the vessel i is the interest rate for 10-year Treasury 1995; CGD 96–041, 61 FR 50725, Sept. 27, 1996; notes at the time of prepayment calcula- USCG-2004–18884, 69 FR 58341, Sept. 30, 2004 ; tion USCG–2010–0759, 75 FR 60000, Sept. 29, 2010] π is the rate of inflation (based on projected military personnel costs at the time of pre- § 2.10–120 Overseas inspection and ex- payment calculation) amination fees. n is the total number of years to be prepaid (a) In addition to any other fee re- t is the number of years after prepayment of the fee, for each annual increment (t=0, 1, quired by this subpart, an overseas in- 2, 3 ... n) spection and examination fee of $4,585 must be paid for each vessel inspection (d) When the annual vessel inspection and examination conducted outside the fee has been prepaid, the entitlement United States and its territories. This to inspection services for the prepay- fee does not apply to vessel inspections ment period attaches to the vessel and and examinations conducted in Canada, remains with the vessel if it is sold. Mexico, or the British Virgin Islands. The entitlement to inspection services (b) The overseas inspection and ex- may not be transferred to any other amination fee for each vessel must ac- vessel. company each request to the cognizant (e) If a vessel is removed from Coast Officer in Charge, Marine Inspection Guard certification and the vessel for an overseas inspection or examina- owner surrenders the vessel’s Certifi- tion. cate of Inspection, the owner may request a refund of the remaining prepay- § 2.10–125 Fees for examination of for- ment amount. The annual vessel in- eign tankships. spection fee will not be refunded for Each foreign tankship of a country the year in which the Certificate of In- party to the International Convention spection is surrendered. The request for for the Safety of Life at Sea, 1974 as refund must be submitted to the Offi- amended, must pay: cer in Charge, Marine Inspection to whom the Certificate of Inspection is (a) For examination for the issuance surrendered. The Officer in Charge, Ma- of a Certificate of Compliance under rine Inspection will endorse and for- § 2.01–6(a)(2)(i) of this part, or examina- ward the request to Commandant (CG– tion for the annual endorsement to a DCO–83) for decision. Certificate of Compliance, a fee of $1,100. [CGD 91–030, 60 FR 13563, Mar. 13, 1995, as (b) For examination for the issuance amended by CGD 95–072, 60 FR 50459, Sept. 29, of a Tank Vessel Examination Letter 1995; CGD 96–041, 61 FR 50725, Sept. 27, 1996; under § 2.01–6(a)(3) of this part, a fee of USCG-1999–6216, 64 FR 53223, Oct. 1, 1999; USCG–2010–0759, 75 FR 60001, Sept. 29, 2010] $1,100. [CGD 91–030, 60 FR 13563, Mar. 13, 1995, as § 2.10–115 Changes in vessel service. amended by USCG–2010–0759, 75 FR 60001, (a) If a vessel certificated for a single Sept. 29, 2010] service, changes service, the annual vessel inspection fee is not adjusted § 2.10–130 Fees for examination of for- during the year in which a change in eign mobile offshore drilling units. service occurs. The annual vessel in- Each foreign mobile offshore drilling spection fee for the new vessel category unit must pay: is payable on the vessel’s user fee anni- (a) For examination for the issuance versary date immediately following the of a Certificate of Compliance indi- date of the change in service. cating compliance with the design and (b) If a change in service occurs and equipment standards of either the doc- the annual vessel inspection fee has umenting nation or the International been prepaid, Commandant (CG–DCO– Maritime Organization Code for Con- 83) will recalculate the prepayment struction and Equipment of Mobile Off- amount based on the new vessel cat- shore Drilling Units, a fee of $1,830.

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(b) For examination for the issuance spection for certification and there is of a Certificate of Compliance indi- no marine inspector in attendance at cating compliance with the design and the renewal, the chief engineer must equipment standards of 46 CFR part report the renewal of the fusible plugs 108, the inspection fee listed in table by letter to the OCMI who issued the 2.10–101 of this subpart for the same certificate of inspection. This letter re- type of mobile offshore drilling unit. port must contain the following information: [CGD 91–030, 60 FR 13563, Mar. 13, 1995, as amended by USCG–2010–0759, 75 FR 60001, (1) Name and official number of ves- Sept. 29, 2010] sel. (2) Date of renewal of fusible plugs. § 2.10–135 Penalties. (3) Number and location of fusible (a) A vessel owner or operator who plugs renewed in each boiler. fails to pay a fee or charge established (4) Manufacturer and heat number of under this subpart is liable to the each plug. United States Government for a civil (5) Reason for renewal. penalty. (b) In addition to the fees established [CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as amended by CGFR 68–82, 33 FR 18804, Dec. 18, in this subpart, the Coast Guard may 1968; USCG-2004–18884, 69 FR 58341, Sept. 30, recover collection and enforcement 2004] costs associated with delinquent payments of, or failure to pay, a fee. Coast § 2.20–50 Repairs or alterations in life- Guard inspection and examination saving or fire prevention equip- services may also be withheld pending ment. payment of outstanding fees owed to No repairs or alterations shall be the Coast Guard for inspection and ex- made to any lifesaving or fire-detect- amination services provided. ing or fire-extinguishing equipment, (c) Each District Commander or Offi- except in an emergency, without ad- cer in Charge Marine Inspection may vance notice to the Officer in Charge, request the Secretary of the Treasury, Marine Inspection. See §§ 78.33–10 and or the authorized representative there- 97.30–10 of this chapter. of, to withhold or revoke the clearance required by 46 U.S.C. app. 91 of a vessel [CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as for which a fee or charge established amended by CGD 97–057, 62 FR 51041, Sept. 30, under this part has not been paid or 1997; USCG-2004–18884, 69 FR 58341, Sept. 30, 2004] until a bond is posted for the payment. [CGD 91–030, 60 FR 13563, Mar. 13, 1995, as Subpart 2.45 [Reserved] amended by CGD 96–052, 62 FR 16703, Apr. 8, 1997] Subpart 2.50—Penalties

Subpart 2.20—Reports and Forms § 2.50–1 Penalty procedures. § 2.20–40 Chief engineer’s reports. Civil and criminal penalty proce- (a) Repairs to boilers and pressure dures appear in 33 CFR part 1. Civil vessels. The chief engineer is required monetary penalty amounts are set to report any repairs to boilers or forth in 33 CFR part 27. unfired pressure vessels in accordance [CGD 96–052, 62 FR 16703, Apr. 8, 1997] with §§ 33.25–5, 78.33–1, and 97.30–1 of this chapter. Subpart 2.75—Approvals of Safety (b) The chief engineer of any vessel is required to report any accident to a Equipment, Materials and In- boiler, unfired pressure vessel, or ma- stallations, and Qualifications chinery tending to render the further for Construction Personnel use of the item unsafe until repairs are made by §§ 35.25–5, 78.33–5, and 97.30–5 of § 2.75–1 Approvals. this chapter. (a) Certain navigation and vessel in- (c) When fusible plugs in boilers are spection laws, or regulations in this renewed at a time other than the in- chapter or in 33 CFR chapter I, require

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the Commandant’s approval before spe- the Assistant Commandant for Marine cific types of safety equipment, mate- Safety, Security and Stewardship may rials, or installations may be installed be further delegated by him. or used on vessels subject to Coast (d) The approvals granted to holders Guard inspection, or on other described qualifying under the regulations in this vessels, motorboats, artificial islands, chapter or in specifications, copies of and fixed structures. which may be obtained from the Com- (b) The Commandant’s approvals are mandant (CG–521), and to which official issued to persons, partnerships, compa- Coast Guard numbers are assigned, will nies, or corporations who offer for sale be in the form of certificates of ap- specific items of safety equipment, ma- proval. Unless specifically provided terials, or installations, or intend them otherwise, the approval shall be valid for their own or others’ use. These ap- for a period of five years from the date provals are intended to provide a con- on the certificate of approval, but sub- trol over the quality of such approved ject to suspension and/or cancellation items. The Commandant’s approvals if it is found the item offered, sold, or apply only to those items constructed used as Coast Guard approved differs in or installed in accordance with applica- any detail from the item as described ble requirements, and the details as de- in the certificate of approval and ref- scribed in the documents granting spe- erenced material. cific approval. If a specific item when (e) A specific Commandant’s approval manufactured does not comply with granted to anyone, which is described these details, then it is not considered in a certificate of approval, or a letter, to be approved and the approval issued or marked plans, etc., cannot be trans- does not apply to such modified item. ferred to another without a specific For example, if an item is manufac- prior authorization from the Com- tured with changes in design or mate- mandant. Such a transfer without the rial not previously approved, the ap- Commandant’s authorization normally proval does not apply to such modified terminates such approval. item. The failure to comply with appli- (f) A listing of current and formerly cable requirements and details speci- approved equipment and materials may fied in the approval subjects the holder be found on the internet at: http:// to immediate suspension of approval as cgmix.uscg.mil/equipment. Each OCMI described in § 2.75–40, and if necessary, may be contacted for information con- to a public hearing seeking withdrawal cerning approved equipment. of approval and removal of all such [CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as items from use or installation as pro- amended by CGD 82–063b, 48 FR 4781, Feb. 3, vided in § 2.75–50. 1983; CGD 88–070, 53 FR 34533, Sept. 7, 1988; (c) The Commandant’s approvals are CGD 95–072, 60 FR 50459, Sept. 29, 1995; CGD 93–055, 61 FR 13927, Mar. 28, 1996; CGD 96–041, issued to qualified holders in the form 61 FR 50725, Sept. 27, 1996; CGD 97–057, 62 FR of certificates of approval (Form 51041, Sept. 30, 1997; USCG-2004–18884, 69 FR CGHQ–10030), by appropriate descrip- 58341, Sept. 30, 2004; USCG–2010–0759, 75 FR tion and identification in documents 60001, Sept. 29, 2010] filed with the Office of the Federal Register and published in the FEDERAL § 2.75–5 Certificates of approval. REGISTER, or by letters, or by appro- (a) The Assistant Commandant for priate markings on drawings, plans, Marine Safety, Security and Environ- etc. Under the direction of the Com- mental Protection or his delegate, will mandant, the Assistant Commandant issue a certificate of approval to the for Marine Safety, Security and Stew- manufacturer or party named therein ardship is delegated the authority to and certify that such manufacturer or exercise the necessary actions relating party has submitted satisfactory evi- to the granting, suspension, cancella- dence that the item described therein tion or revocation of approvals for spe- complies with the applicable laws and cial items of safety equipment, mate- regulations, which are outlined on the rials or installations required by law in reverse side of the certificate. regulation in this chapter or in 33 CFR (b) The approval shall be in effect for chapter I to have the Commandant’s a period of 5 years from the date on the approval. The authority delegated to certificate of approval unless canceled

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or suspended by proper authority, or Guard may suggest changes in order otherwise specifically stated in the cer- for the item to qualify and permit the tificate. issuance of an approval. [CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as (c) For items not covered by speci- amended by CGD 82–063b, 48 FR 4781, Feb. 3, fication requirements in parts 160 to 1983; CGD 88–070, 53 FR 34533, Sept. 7, 1988; 164, inclusive (subchapter Q—Specifica- CGD 96–041, 61 FR 50725, Sept. 27, 1996; CGD tions) of this chapter, the requirements 97–057, 62 FR 51041, Sept. 30, 1997; USCG-2004– in the navigation and vessel inspection 18884, 69 FR 58341, Sept. 30, 2004] laws, and applicable regulations in this chapter or in 33 CFR chapter I apply § 2.75–10 Procedures for obtaining approvals. and shall be met before approvals may be issued. (a) The requirements for obtaining approvals of items covered by speci- [CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as fications and bearing official Coast amended by CGD 82–063b, 48 FR 4781, Feb. 3, Guard approval numbers are set forth 1983; CGD 88–070, 53 FR 34533, Sept. 7, 1988; CGD 95–072, 60 FR 50459, Sept. 29, 1995; CGD in parts 159 through 164 of this chapter. 96–041, 61 FR 50725, Sept. 27, 1996] For other items, the requirements are described in the regulations governing § 2.75–25 Portable fire extinguishers. such items. (b) Unless otherwise specified, cor- (a) The portable fire extinguishers respondence concerning approvals listed and labeled as marine type by a should be addressed to the Com- recognized laboratory, as provided in mandant (CG–521), 2100 2nd St., SW., subpart 162.028 of part 162 of subchapter Stop 7126, Washington, DC 20593–7126. Q (Specifications) of this chapter, will When plans, drawings, test data, etc., be accepted as approved for use on mer- are required to be submitted by the chant vessels, motorboats, etc., when- manufacturer, the material being ever required by the regulations in this transmitted with the application chapter, and for use on artificial is- should be clearly identified. lands and fixed structures on the Outer Continental Shelf whenever required [CGD 76–048, 44 FR 73043, Dec. 17, 1979, as by the regulations in 33 CFR parts 140 amended by CGD 82–063b, 48 FR 4781, Feb. 3, to 146, inclusive. 1983; CGD 88–070, 53 FR 34533, Sept. 7, 1988; CGD 95–072, 60 FR 50459, Sept. 29, 1995; CGD (b) The procedures for manufacturers 96–041, 61 FR 50725, Sept. 27, 1996] to follow and the requirements governing portable fire extinguishers to § 2.75–15 Requirements and tests. qualify being listed and labeled as ma- (a) Approved items described in cer- rine type by a recognized laboratory are tificates of approval are usually reset forth in subpart 162.028 of part 162 quired to meet specific requirements of subchapter Q (Specifications) of this and/or tests, prior to obtaining the ap- chapter. proval. Additional factory tests to de- (c) The procedures for a laboratory to termine that proper uniformity and qualify as a recognized laboratory and to quality controls are followed during be listed in § 162.028–5 of subchapter Q the manufacture of the specific items (Specifications) of this chapter are as may be required. These requirements follows: governing the manufacturer in par- (1) The laboratory shall submit an in- ticular are set forth in the regulations formal application in writing on its in this chapter or in specifications, usual letterhead paper to the Com- copies of which may be obtained from mandant (CG–52), United States Coast the Commandant (CG–521). If the re- Guard, Washington, DC 20593, request- quirements are met, a certificate of ap- ing recognition and listing, as a recog- proval will be issued. nized laboratory. (b) When the specific item described (2) Accompanying the informal appli- in an application, together with accom- cation, as identified enclosures, shall panying drawings, plans, etc., does not be: meet applicable requirements or fails (i) A certification that it is a labora- to meet specified tests, the applicant tory which has been and is regularly will be notified accordingly. The Coast engaged in the examination, testing,

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and evaluation of portable fire extin- proved, pending a final decision from guishers. the Commandant in the matter. (ii) A certification that it has an es- (b) The procedures for appealing the tablished factory inspection, listing, temporary suspension shall be those and labeling program, together with a described in § 2.01–70. complete description of it and how it works. § 2.75–50 Withdrawals or terminations (iii) A description of its facilities of approvals and appeals. used in the examination, testing, and (a) The Commandant may withdraw evaluation of portable fire extin- approval for any item which is found guishers, together with its name (if dif- not to be in compliance with the condi- ferent from that of submitter), and lo- tions of approval, found to be unsuit- cation (city, street, and state). able for its intended purpose, or does (iv) A list of the names and home and not meet the requirements of applica- office addresses of its principal officers ble regulations. and its managing directors (if any). (b) Approvals of equipment are ter- (v) A description of its special stand- minated when the manufacturer is no ards for listing and labeling portable longer in business, or when the item is fire extinguishers as marine type, as no longer being manufactured, or when contemplated by the specification in the approval expires. subpart 162.028 of part 162 of subchapter (c) Any person directly affected by a Q (Specifications) of this chapter. decision to deny, withdraw, or termi- (3) If the Commandant finds that a nate an approval may appeal the deci- laboratory qualifies as a recognized lab- sion to Director of Commercial Regula- oratory, and it is subject to Coast tions & Standards (CG–52) as provided Guard jurisdiction, the approval and in § 1.03–15 of this chapter. listing will be published in the FED- [CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as ERAL REGISTER and will be in effect amended by CGD 93–055, 61 FR 13927, Mar. 28, until suspended, canceled or termi- 1996; CGD 96–041, 61 FR 50725, Sept. 27, 1996; nated by proper authority. The failure CGD 97–057, 62 FR 51041, Sept. 30, 1997; USCG- of a recognized laboratory to maintain 2004–18884, 69 FR 58341, Sept. 30, 2004] its established factory inspection, listing and labeling program as approved § 2.75–60 Hazardous ships’ stores. by the Commandant shall be cause for Hazardous ships’ stores, as defined in terminating a listing as a recognized § 147.3 of this chapter, must not be laboratory. brought on board or used on any vessel unless they meet the requirements of [CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as part 147 of this chapter. amended by CGD 82–063b, 48 FR 4781, Feb. 3, 1983] [CGD 84–044, 53 FR 7748, Mar. 10, 1988]

§ 2.75–40 Suspension of approval. § 2.75–70 Welding procedure and per- (a) Whenever it is determined that a formance qualifications. specific item is not in compliance with (a) Welding procedures and welder the applicable laws, rules, and regula- performance utilized in the fabrication tions, and the requirements specified in of vessels and their various systems the approval issued by the Coast and components subject to Coast Guard Guard, the District Commander or the inspection shall be qualified as re- Officer in Charge, Marine Inspection, quired by the applicable subchapter. will immediately notify the holder of For applicable requirements see the approval wherein the specific item §§ 32.60–1(a) of subchapter D (Tank Ves- fails to meet applicable requirements. sels), § 72.01–15 of subchapter H (Pas- If the defects, deficiencies or variations senger Vessels), § 92.01–10 of subchapter in the item are deemed important, such I (Cargo and Miscellaneous Vessels), or officer is authorized and may imme- § 190.01–10 of subchapter U (Oceano- diately suspend the approval, may re- graphic Vessels) of this chapter. See quire the holder to surrender the cer- part 57 of subchapter F (Marine Engi- tificate of approval (if any), and may neering) for requirements for the weld- direct the holder to cease claiming the ing of pressure piping, boilers, pressure defective items are Coast Guard ap- vessels, and nonpressure vessel type

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tanks, and associated secondary bar- (h) The requirements for vessels carriers as defined in § 38.05–4 of sub- rying certain bulk dangerous cargoes chapter D (Tank Vessels) of this chap- are in parts 148, 151, 153, and 154 of this ter. chapter. (i) The requirements for subdivision [CGFR 68–82, 33 FR 18804, Dec. 18, 1968] and stability plans and calculations are in part 170 of this chapter. Subpart 2.85—Load Lines [CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as § 2.85–1 Assignment of load lines. amended by CGD 73–96, 42 FR 49203, Sept. 26, 1977; CGD 79–023, 48 FR 51006, Nov. 4, 1983] Most U.S. vessels, and foreign vessels in U.S. waters are required to have load line assignments in accordance Subpart 2.95—Retention of with 46 U.S.C. Chapter 51. The load Records by the Public lines marks, when placed on a vessel, § 2.95–1 Certificates or documents indicate the maximum draft to which issued by Coast Guard. such vessel can be lawfully submerged, in the various circumstances and sea- (a) Certificates or documents issued sons applicable to such vessel. See sub- to the public, as required by laws, chapter E (Load Lines) of this chapter rules, or regulations, shall be retained for applicable details governing assign- for the applicable period of time, as fol- ment and marking of load lines. lows: (1) If the certificate or document [CGD 95–028, 62 FR 51195, Sept. 30, 1997, as specifies a definite period of time for amended by USCG-1998–4442, 63 FR 52188, which it is valid, it shall be retained Sept. 30, 1998; USCG-2004–18884, 69 FR 58341, for so long as it is valid unless it is re- Sept. 30, 2004] quired to be surrendered; or, (2) If the certificate or document Subpart 2.90—Plans, Drawings or does not specify a definite period of Blueprints time for which it is valid, it shall be retained for that period of time such cer- § 2.90–1 General requirements. tificate or document is required for op- (a) Drawings, blueprints or plans eration of the vessel; or, showing the details of construction of (3) If the certificate or document is vessels subject to inspection or instal- evidence of a person’s qualifications, it lations thereon are required to be sub- shall be retained for so long as it is mitted for approval in accordance with valid unless it is required to be surren- applicable regulations in this chapter, dered. information as to which may be ob- (b) Nothing in this section shall be tained at any local Marine Inspection construed as preventing the Coast Office. Guard from canceling, suspending, or (b) The requirements for passenger withdrawing any certificate or docu- vessel construction are in parts 43–46, ment issued at any time. 70–78, of this chapter. (c) The requirements for tank vessel § 2.95–5 Certificates or documents construction are in parts 30–39, 43–45, of issued by others. this chapter. (a) Certificates or documents issued (d) The requirements for cargo and by other public agencies or private or- miscellaneous vessel construction are ganizations, which are accepted as in parts 43–45, 90–97, of this chapter. prima facie evidence of compliance (e) The requirements for marine engi- with requirements administered by the neering installations or equipment are Coast Guard, shall be retained for the in parts 50–69 of this chapter. applicable period of time as follows: (f) The requirements for electrical (1) If the certificate or document engineering installations or equipment specifies a definite period of time for are in parts 110–113 of this chapter. which it is valid, it shall be retained (g) The requirements for items to be for so long as it is valid unless it is re- manufactured under specific approval quired to be surrendered; or by the Commandant are in parts 160–164 (2) If the certificate or document of this chapter. does not specify a definite period of

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time for which it is valid, it shall be re- Subpart 3.01—Authority and tained for the period of time such cer- Purpose tificate or document is required for operation of the vessel; or, § 3.01–1 Purpose of regulations. (3) If the certificate or documents is The purpose of the regulations in this evidence of a person’s qualifications, it part is to establish standard procedures shall be retained for so long as it is for the designation of certain vessels as valid unless it is required to be surren- oceanographic research vessels as de- dered. fined in 46 U.S.C. 2101(18). § 2.95–10 Equipment or material re- [CGD 77–081, 46 FR 56202, Nov. 16, 1981, as quired to be approved. amended by CGD 95–028, 62 FR 51195, Sept. 30, 1997] (a) The manufacturer of any equipment or material, which must also be approved by or found satisfactory for Subpart 3.03—Application use by the Commandant, shall keep the § 3.03–1 Vessels subject to the require- required drawings, plans, blueprints, ments of this part. specifications, production models (if any), qualification tests, and related The regulations in this part are ap- correspondence containing evidence plicable to U.S. flag vessels desiring that the Coast Guard has found such designation as oceanographic research equipment or material satisfactory, vessels in accordance with 46 U.S.C. 2101(18). during the period of time the approval or listing is valid. Most of the speci- [CGD 77–081, 46 FR 56202, Nov. 16, 1981, as fications containing detailed descrip- amended by CGD 95–028, 62 FR 51195, Sept. 30, tions of records required to be retained 1997; USCG–2005–22329, 70 FR 57183, Sept. 30, by the public are in parts 160 to 164, in- 2005] clusive in subchapter Q (Specifications) of this chapter. Subpart 3.05—Definition of Terms Used in This Part PART 3—DESIGNATION OF § 3.05–1 Letter of designation. OCEANOGRAPHIC RESEARCH A letter issued by an Officer in VESSELS Charge, Marine Inspection, designating an uninspected vessel as an oceano- Subpart 3.01—Authority and Purpose graphic research vessel. Sec. 3.01–1 Purpose of regulations. § 3.05–3 Oceanographic research vessel. Subpart 3.03—Application ‘‘An oceanographic research vessel is a vessel which the U.S. Coast Guard 3.03–1 Vessels subject to the requirements of this part. finds is employed exclusively in one or more of the following: Subpart 3.05—Definition of Terms Used in (a) Oceanographic instruction; This Part (b) Limnologic instruction; (c) Oceanographic research; or, 3.05–1 Letter of designation. (d) Limnologic research.’’ 3.05–3 Oceanographic research vessel.

Subpart 3.10—Designation Subpart 3.10—Designation 3.10–1 Procedures for designating oceano- § 3.10–1 Procedures for designating graphic research vessels. oceanographic research vessels. 3.10–5 Renewal of letter of designation. (a) Upon written request by the 3.10–10 Right of appeal. owner, master, or agent of a vessel, a AUTHORITY: 46 U.S.C. 2113, 3306; Depart- determination will be made by the Offi- ment of Homeland Security Delegation No. cer in Charge, Marine Inspection, of 0170.1. the zone in which the vessel is located, SOURCE: CGD 77–081, 46 FR 56202, Nov. 16, whether the vessel may be designated 1981, unless otherwise noted. as an oceanographic research vessel.

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(b) The request should contain suffi- § 3.10–10 Right of appeal. cient information to allow the Officer Any person directly affected by a de- in Charge, Marine Inspection, to make cision or action taken under this part, this determination. At a minimum, the by or on behalf of the Coast Guard, following items must be submitted: may appeal therefrom in accordance (1) A detailed description of the ves- with subpart 1.03 of this chapter. sel, including its identification number, owner and charterer. [CGD 88–033, 54 FR 50379, Dec. 6, 1989] (2) A specific operating plan stating precisely the intended use of the vessel. PART 4—MARINE CASUALTIES AND (3) Any additional information as INVESTIGATIONS may be requested by the Officer in Charge, Marine Inspection. Subpart 4.01—Authority and Scope of (c) If designation is granted, it shall Regulations be indicated as follows: Sec. (1) For inspected vessels—indicated 4.01–1 Scope of regulation. on the certificate of inspection, valid 4.01–3 Reporting exclusion. for its duration. Subpart 4.03—Definitions (2) For uninspected vessels—indicated by a letter of designation, which 4.03–1 Marine casualty or accident. shall be maintained on board the vessel 4.03–2 Serious marine incident. and remain in effect for two years from 4.03–4 Individual directly involved in a serious marine incident. date of issuance. 4.03–5 Medical facility. (d) All designations shall remain 4.03–6 Qualified medical personnel. valid for the period specified on the ap- 4.03–7 Chemical test. plicable document, provided all oper- 4.03–10 Party in interest. ating conditions remain unchanged 4.03–15 Commandant. 4.03–20 Coast Guard district. from the date of designation. 4.03–25 District Commander. (e) In the event of a change in oper- 4.03–30 Investigating officer. ating conditions, the owner, master, or 4.03–35 Nuclear vessel. agent of the vessel shall advise the Of- 4.03–40 Public vessels. ficer in Charge, Marine Inspection who 4.03–45 Marine employer. 4.03–50 Recreational vessel. issued the designation. After reviewing 4.03–55 Law enforcement officer. the pertinent information concerning 4.03–60 Noxious liquid substance (NLS). the operational changes, the Officer in 4.03–65 Significant harm to the environ- Charge, Marine Inspection, shall deter- ment. mine if the vessel is still eligible to re- 4.03–70 Tank vessel. tain its designation as an oceano- 4.03–75 Merchant mariner credential and credential. graphic research vessel. [CGD 77–081, 46 FR 56202, Nov. 16, 1981, as Subpart 4.04—Notice of Potential Vessel amended by CGD 95–028, 62 FR 51195, Sept. 30, Casualty 1997] 4.04–1 Reports of potential vessel casualty. 4.04–3 Reports of lack of vessel communica- § 3.10–5 Renewal of letter of designation. tion. 4.04–5 Substance of reports. At least 60 days prior to the expiration date of the letter of designation or Subpart 4.05—Notice of Marine Casualty certificate of inspection, a request for and Voyage Records renewal must be submitted in the same 4.05–1 Notice of marine casualty. manner as described in 3.10–1. However, 4.05–2 Incidents involving foreign tank ves- if the request for renewal is submitted sels. to the Officer in Charge, Marine In- 4.05–5 Substance of marine casualty notice. spection, who made the initial deter- 4.05–10 Written report of marine casualty. 4.05–12 Alcohol or drug use by individuals mination and all operating conditions directly involved in casualties. remain unchanged, the information re- 4.05–15 Voyage records, retention of. quired by § 3.10–1(b) need not be resub- 4.05–20 Report of accident to aid to naviga- mitted with the request. tion.

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4.05–25 Reports when state of war exists. 4.11–5 Coercion of witnesses. 4.05–30 Incidents involving hazardous mate- 4.11–10 Witness fees and allowances. rials. 4.05–35 Incidents involving nuclear vessels. Subpart 4.12—Testimony by Interrogatories 4.05–40 Alternate electronic means of re- and Depositions porting. 4.12–1 Application, procedure, and admissi- Subpart 4.06—Mandatory Chemical Test- bility. ing Following Serious Marine Incidents Involving Vessels in Commercial Serv- Subpart 4.13—Availability of Records ice 4.13–1 Public availability of records. 4.06–1 Responsibilities of the marine employer. Subpart 4.19—Construction of Regulations 4.06–3 Requirements for alcohol and drug and Rules of Evidence testing following a serious marine incident. 4.19–1 Construction of regulations. 4.06–5 Responsibility of individuals directly 4.19–5 Adherence to rules of evidence. involved in serious marine incidents. 4.06–15 Accessibility of chemical testing de- Subpart 4.21—Computation of Time vices. 4.06–20 Specimen collection requirements. 4.21–1 Computation of time. 4.06–30 Specimen collection in incidents involving fatalities. Subpart 4.23—Evidence of Criminal 4.06–40 Specimen handling and shipping. Liability 4.06–50 Specimen analysis and follow-up procedures. 4.23–1 Evidence of criminal liability. 4.06–60 Submission of reports and test results. Subpart 4.40—Coast Guard—National 4.06–70 Penalties. Transportation Safety Board Marine Subpart 4.07—Investigations Casualty Investigations 4.07–1 Commandant or District Commander 4.40–1 Purpose. to order investigation. 4.40–3 Relationship to Coast Guard marine 4.07–5 Investigating officers, powers of. investigation regulations and procedures. 4.07–7 Opening statement. 4.40–5 Definitions. 4.07–10 Report of investigation. 4.40–10 Preliminary investigation by the 4.07–15 Recommendations, action on. Coast Guard. 4.07–20 Transfer of jurisdiction. 4.40–15 Marine casualty investigation by the 4.07–25 Testimony of witnesses in other dis- Board. tricts, depositions. 4.40–20 Cause or probable cause determina- 4.07–30 Testimony of witnesses under oath. tions from Board investigation. 4.07–35 Counsel for witnesses and parties in 4.40–25 Coast Guard marine casualty inves- interest. tigation for the Board. 4.07–45 Foreign units of Coast Guard, inves- 4.40–30 Procedures for Coast Guard investigation by. tigation. 4.07–55 Information to be furnished Marine 4.40–35 Records of the Coast Guard and the Board of Investigation. Board.

Subpart 4.09—Marine Board of AUTHORITY: 33 U.S.C. 1231; 43 U.S.C. 1333; 46 Investigation U.S.C. 2103, 2303a, 2306, 6101, 6301, and 6305; 50 U.S.C. 198; Department of Homeland Secu- 4.09–1 Commandant to designate. rity Delegation No. 0170.1. Subpart 4.40 4.09–5 Powers of Marine Board of Investiga- issued under 49 U.S.C. 1903(a)(1)(E). tion. 4.09–10 Witnesses, payment of. SOURCE: CGD 74–119, 39 FR 33317, Sept. 17, 4.09–15 Time and place of investigation, no- 1974, unless otherwise noted. tice of; rights of witnesses, etc. 4.09–17 Sessions to be public. Subpart 4.01—Authority and 4.09–20 Record of proceedings. 4.09–25 U.S. Attorney to be notified. Scope of Regulations 4.09–30 Action on report. 4.09–35 Preferment of charges. § 4.01–1 Scope of regulation. The regulations in this part govern Subpart 4.11—Witnesses and Witness Fees the reporting of marine casualties, the 4.11–1 Employees of vessels controlled by investigation of marine casualties and Army or Navy as witnesses. 43

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the submittal of reports designed to in- involving a vessel and includes, but is crease the likelihood of timely assist- not limited to, the following: ance to vessels in distress. (1) Any fall overboard, injury, or loss of life of any person. [CGD 85–015, 51 FR 19341, May 29, 1986] (2) Any occurrence involving a vessel § 4.01–3 Reporting exclusion. that results in— (i) Grounding; (a) Vessels subject to 33 CFR 173.51 (ii) Stranding; are excluded from the requirements of (iii) Foundering; subpart 4.05. (iv) Flooding; (b) Vessels which report diving acci- (v) Collision; dents under 46 CFR 197.484 regarding (vi) Allision; deaths, or injuries which cause inca- (vii) Explosion; pacitation for greater than 72 hours, (viii) Fire; are not required to give notice under (ix) Reduction or loss of a vessel’s § 4.05–1(a)(5) or § 4.05–1(a)(6). electrical power, propulsion, or steer- (c) Vessels are excluded from the re- ing capabilities; quirements of § 4.05–1(a)(5) and (a)(6) (x) Failures or occurrences, regard- with respect to the death or injury of less of cause, which impair any aspect shipyard or harbor workers when such of a vessel’s operation, components, or accidents are not the result of either a cargo; vessel casualty (e.g., collision) or a ves- (xi) Any other circumstance that sel equipment casualty (e.g., cargo might affect or impair a vessel’s sea- boom failure) and are subject to the re- worthiness, efficiency, or fitness for porting requirements of Occupational service or route; or Safety and Health Administration (xii) Any incident involving signifi- (OSHA) under 29 CFR 1904. cant harm to the environment. (d) Except as provided in subpart 4.40, (3) Any occurrences of injury or loss public vessels are excluded from the re- of life to any person while diving from quirements of this part. a vessel and using underwater breathing apparatus. [CGD 76–170, 45 FR 77441, Nov. 24, 1980; 46 FR 19235, Mar. 30, 1981, as amended by CGD 76– (4) Any incident described in § 4.05– 170, 47 FR 39684, Sept. 9, 1982; CGD 95–028, 62 1(a). FR 51195, Sept. 30, 1997; USCG-2000–7790, 65 [USCG–2000–6927, 70 FR 74675, Dec. 16, 2005] FR 58458, Sept. 29, 2000] § 4.03–2 Serious marine incident. Subpart 4.03—Definitions The term serious marine incident includes the following events involving a § 4.03–1 Marine casualty or accident. vessel in commercial service: Marine casualty or accident means— (a) Any marine casualty or accident (a) Any casualty or accident involv- as defined in § 4.03–1 which is required ing any vessel other than a public ves- by § 4.05–1 to be reported to the Coast sel that— Guard and which results in any of the (1) Occurs upon the navigable waters following: of the United States, its territories or (1) One or more deaths; possessions; (2) An injury to a crewmember, pas- (2) Involves any United States vessel senger, or other person which requires wherever such casualty or accident oc- professional medical treatment beyond curs; or first aid, and, in the case of a person (3) With respect to a foreign tank employed on board a vessel in commer- vessel operating in waters subject to cial service, which renders the indi- the jurisdiction of the United States, vidual unfit to perform routine vessel including the Exclusive Economic Zone duties; (EEZ), involves significant harm to the (3) Damage to property, as defined in environment or material damage af- § 4.05–1(a)(7) of this part, in excess of fecting the seaworthiness or efficiency $100,000; of the vessel. (4) Actual or constructive total loss (b) The term ‘‘marine casualty or ac- of any vessel subject to inspection cident’’ applies to events caused by or under 46 U.S.C. 3301; or

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(5) Actual or constructive total loss for evidence of dangerous drug or alco- of any self-propelled vessel, not subject hol use. to inspection under 46 U.S.C. 3301, of [CGD 86–067, 53 FR 47077, Nov. 21, 1988] 100 gross tons or more. (b) A discharge of oil of 10,000 gallons § 4.03–10 Party in interest. or more into the navigable waters of the United States, as defined in 33 The term party in interest shall mean any person whom the Marine Board of U.S.C. 1321, whether or not resulting Investigation or the investigating offi- from a marine casualty. cer shall find to have a direct interest (c) A discharge of a reportable quan- in the investigation conducted by it tity of a hazardous substance into the and shall include an owner, a navigable waters of the United States, charterer, or the agent of such owner or a release of a reportable quantity of or charterer of the vessel or vessels in- a hazardous substance into the envi- volved in the marine casualty or acci- ronment of the United States, whether dent, and all licensed or certificated or not resulting from a marine cas- personnel whose conduct, whether or ualty. not involved in a marine casualty or [CGD 86–067, 53 FR 47077, Nov. 21, 1988, as accident is under investigation by the amended by CGD 97–057, 62 FR 51041, Sept. 30, Board or investigating officer. 1997] § 4.03–15 Commandant. § 4.03–4 Individual directly involved in The Commandant, U.S. Coast Guard, a serious marine incident. is that officer who acts as chief of the The term individual directly involved Coast Guard and is charged with the in a serious marine incident is an indi- administration of the Coast Guard. vidual whose order, action or failure to act is determined to be, or cannot be § 4.03–20 Coast Guard district. ruled out as, a causative factor in the A Coast Guard district is one of the events leading to or causing a serious geographical areas whose boundaries marine incident. are described in 33 CFR part 3. [CGD 86–067, 53 FR 47077, Nov. 21, 1988] § 4.03–25 District Commander. § 4.03–5 Medical facility. The District Commander is the chief The term medical facility means an of a Coast Guard district and is American hospital, clinic, physician’s charged with the administration of all office, or laboratory, where blood and Coast Guard responsibilities and activi- urine specimens can be collected ac- ties within his respective district, except those functions of administrative cording to recognized professional law judges under the Administrative standards. Procedure Act (60 Stat. 237, 5 U.S.C. [CGD 86–067, 53 FR 47077, Nov. 21, 1988] 1001 et seq.) and activities of independent units of the Coast Guard, such § 4.03–6 Qualified medical personnel. as the Coast Guard Yard and the Coast The term qualified medical personnel Guard Academy. means a physician, physician’s assistant, nurse, emergency medical techni- § 4.03–30 Investigating officer. cian, or other person authorized under An investigating officer is an officer State or Federal law or regulation to or employee of the Coast Guard des- collect blood and urine specimens. ignated by the Commandant, District Commander or the Officer in Charge, [CGD 86–067, 53 FR 47077, Nov. 21, 1988] Marine Inspection, for the purpose of making investigations of marine cas- § 4.03–7 Chemical test. ualties and accidents or other matters The term chemical test means a sci- pertaining to the conduct of seamen. entifically recognized test which ana- An Officer in Charge, Marine Inspec- lyzes an individual’s breath, blood, tion, is an investigating officer without urine, saliva, bodily fluids, or tissues further designation.

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§ 4.03–35 Nuclear vessel. the column headed ‘‘IMO Annex II pol- The term nuclear vessel means any lution category’’ in table 1 of part 153 vessel in which power for propulsion, or of this chapter; and (c) Each substance that is identified for any other purpose, is derived from as an NLS in a written permission nuclear energy; or any vessel handling issued under § 153.900(d) of this chapter. or processing substantial amounts of radioactive material other than as [USCG–2000–6927, 70 FR 74676, Dec. 16, 2005] cargo. § 4.03–65 Significant harm to the envi- [CGD 84–099, 52 FR 47534, Dec. 14, 1987] ronment. § 4.03–40 Public vessels. Significant harm to the environment means— Public vessel means a vessel that— (a) In the navigable waters of the (a) Is owned, or demise chartered, United States, a discharge of oil as set and operated by the U.S. Government forth in 40 CFR 110.3 or a discharge of or a government of a foreign country, hazardous substances in quantities except a vessel owned or operated by equal to or exceeding, in any 24-hour the Department of Transportation or period, the reportable quantity deter- any corporation organized or con- mined in 40 CFR part 117; trolled by the Department (except a (b) In other waters subject to the ju- vessel operated by the Coast Guard or risdiction of the United States, includ- Saint Lawrence Seaway Development ing the EEZ— Corporation); and (1) A discharge of oil in excess of the (b) Is not engaged in commercial quantities or instantaneous rate per- service. mitted in 33 CFR 151.10 or 151.13 during [CGD 95–028, 62 FR 51195, Sept. 30, 1997] operation of the ship; or (2) A discharge of noxious liquid sub- § 4.03–45 Marine employer. stances in bulk in violation of Marine employer means the owner, §§ 153.1126 or 153.1128 of this chapter managing operator, charterer, agent, during the operation of the ship; and master, or person in charge of a vessel (c) In waters subject to the jurisdic- other than a recreational vessel. tion of the United States, including the EEZ, a probable discharge of oil, haz- [CGD 84–099, 52 FR 47534, Dec. 14, 1987] ardous substances, marine pollutants, or noxious liquid substances. The fac- § 4.03–50 Recreational vessel. tors you must consider to determine Recreational vessel means a vessel whether a discharge is probable in- meeting the definition in 46 U.S.C. clude, but are not limited to— 2101(25) that is then being used only for (1) Ship location and proximity to pleasure. land or other navigational hazards; [CGD 84–099, 52 FR 47534, Dec. 14, 1987] (2) Weather; (3) Tide current; § 4.03–55 Law enforcement officer. (4) Sea state; Law enforcement officer means a Coast (5) Traffic density; Guard commissioned, warrant or petty (6) The nature of damage to the ves- officer; or any other law enforcement sel; and (7) Failure or breakdown aboard the officer authorized to obtain a chemical vessel, its machinery, or equipment. test under Federal, State, or local law. [USCG–2000–6927, 70 FR 74676, Dec. 16, 2005] [CGD 84–099, 52 FR 47534, Dec. 14, 1987] § 4.03–70 Tank vessel. § 4.03–60 Noxious liquid substance (NLS). Tank vessel means a vessel that is Noxious liquid substance (NLS) constructed or adapted to carry, or means— that carries, oil, hazardous substances, (a) Each substance listed in 33 CFR marine pollutants, or noxious liquid 151.47 or 151.49; substances, in bulk as cargo or cargo (b) Each substance having an ‘‘A,’’ residue. ‘‘B,’’ ‘‘C,’’ or ‘‘D’’ beside its name in [USCG–2000–6927, 70 FR 74676, Dec. 16, 2005]

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§ 4.03–75 Merchant mariner credential (46 App. U.S.C. 1122a), shall imme- and credential. diately notify the Coast Guard if more The following definitions apply to than 48 hours have passed since receiv- this part: ing communication from the vessel. Credential means any or all of the fol- This notification shall be given to the lowing: Coast Guard district RCC cognizant (1) Merchant mariner’s document. over the area the vessel was last oper- (2) Merchant mariner’s license. ating in. (3) STCW endorsement. (Information collection requirements ap- (4) Certificate of registry. proved by the Office of Management and (5) Merchant mariner credential. Budget under control number 1625–0048) Merchant mariner credential or MMC [CGD 85–015, 51 FR 19341, May 29, 1986, as means the credential issued by the amended by USCG–2006–25697, 71 FR 55745, Coast Guard under 46 CFR part 10. It Sept. 25, 2006] combines the individual merchant mariner’s document, license, and cer- § 4.04–5 Substance of reports. tificate of registry enumerated in 46 The owner, charterer, managing op- U.S.C. subtitle II part E as well as the erator or agent, notifying the Coast STCW endorsement into a single cre- Guard under § 4.04–1 or § 4.04–3, shall: dential that serves as the mariner’s (a) Provided the name and identifica- qualification document, certificate of tion number of the vessel, the names of identification, and certificate of serv- the individuals on board, and other in- ice. formation that may be requested by [USCG–2006–24371, 74 FR 11214, Mar. 16, 2009] the Coast Guard (when providing the names of the individuals on board for a Subpart 4.04—Notice of Potential passenger vessel, the list of passengers need only meet the requirements of 46 Vessel Casualty U.S.C. 3502); and (b) Submit written confirmation of SOURCE: CGD 85–015, 51 FR 19341, May 29, that notice to the Coast Guard facility 1986, unless otherwise noted. that the notice was given to within 24 § 4.04–1 Reports of potential vessel cas- hours. ualty. (Information collection requirements ap- A vessel owner, charterer, managing proved by the Office of Management and operator or agent shall immediately Budget under control number 1625–0048) notify either of the following Coast [CGD 85–015, 51 FR 19341, May 29, 1986, as Guard officers if there is reason to be- amended by USCG–2006–25697, 71 FR 55745, lieve a vessel is lost or imperiled. Sept. 25, 2006] (a) The Coast Guard district rescue coordination center (RCC) cognizant Subpart 4.05—Notice of Marine over the area the vessel was last oper- Casualty and Voyage Records ating in; or (b) The Coast Guard search and res- § 4.05–1 Notice of marine casualty. cue authority nearest to where the ves- (a) Immediately after the addressing sel was last operating. of resultant safety concerns, the Reasons for belief that a vessel is in owner, agent, master, operator, or per- distress include, but are not limited to, son in charge, shall notify the nearest lack of communication with or non- Sector Office, Marine Inspection Office appearance of the vessel. or Coast Guard Group Office whenever a vessel is involved in a marine cas- § 4.04–3 Reports of lack of vessel com- ualty consisting in— munication. (1) An unintended grounding, or an The owner, charterer, managing op- unintended strike of (allison with) a erator or agent of a vessel that is re- bridge; quired to report to the United States (2) An intended grounding, or an in- flag Merchant Vessel Location Filing tended strike of a bridge, that creates System under the authority of section a hazard to navigation, the environ- 212(A) of the Merchant Marine Act, 1936 ment, or the safety of a vessel, or that

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meets any criterion of paragraphs (a) and investigation criteria of this part (3) through (8); apply to foreign tank vessels operating (3) A loss of main propulsion, pri- on the navigable waters of the United mary steering, or any associated com- States, its territories, or possessions. A ponent or control system that reduces written marine casualty report must the maneuverability of the vessel; be submitted under § 4.05–10 of this (4) An occurrence materially and ad- chapter. versely affecting the vessel’s sea- (b) Outside the U.S. navigable waters worthiness or fitness for service or and within the Exclusive Economic Zone route, including but not limited to fire, (EEZ). The owner, agent, master, oper- flooding, or failure of or damage to ator, or person in charge of a foreign fixed fire-extinguishing systems, life- tank vessel involved in a marine cas- saving equipment, auxiliary power-gen- ualty must report under procedures de- erating equipment, or bilge-pumping tailed in 33 CFR 151.15, immediately systems; after addressing resultant safety con- (5) A loss of life; cerns, whenever the marine casualty (6) An injury that requires profes- involves, or results in— sional medical treatment (treatment (1) Material damage affecting the beyond first aid) and, if the person is seaworthiness or efficiency of the ves- engaged or employed on board a vessel sel; or in commercial service, that renders the (2) An occurrence involving signifi- individual unfit to perform his or her cant harm to the environment as a re- routine duties; or sult of a discharge, or probable dis- (7) An occurrence causing property- charge, resulting from damage to the damage in excess of $25,000, this dam- vessel or its equipment. The factors age including the cost of labor and ma- you must consider to determine wheth- terial to restore the property to its er a discharge is probable include, but condition before the occurrence, but are not limited to— not including the cost of salvage, (i) Ship location and proximity to cleaning, gas-freeing, drydocking, or land or other navigational hazards; demurrage. (ii) Weather; (8) An occurrence involving signifi- (iii) Tide current; cant harm to the environment as de- (iv) Sea state; fined in § 4.03–65. (b) Notice given as required by 33 (v) Traffic density; CFR 160.215 satisfies the requirement of (vi) The nature of damage to the ves- this section if the marine casualty in- sel; and volves a hazardous condition as defined (vii) Failure or breakdown aboard the by 33 CFR 160.204. vessel, its machinery, or equipment. (c) Except as otherwise required [USCG–2000–6927, 70 FR 74676, Dec. 16, 2005] under this subpart, if the marine casualty exclusively involves an occur- § 4.05–5 Substance of marine casualty rence or occurrences described by para- notice. graph (a)(8) of this section, a report The notice required in § 4.05–1 must made pursuant to 33 CFR 153.203, 40 include the name and official number CFR 117.21, or 40 CFR 302.6 satisfies the of the vessel involved, the name of the immediate notification requirement of vessel’s owner or agent, the nature and this section. circumstances of the casualty, the lo- [CGD 94–030, 59 FR 39471, Aug. 3, 1994, as cality in which it occurred, the nature amended by USCG–2000–6927, 70 FR 74676, and extent of injury to persons, and the Dec. 16, 2005; USCG–2006–25556, 72 FR 36330, damage to property. July 2, 2007; USCG–2011–0618, 76 FR 60754, Sept. 30, 2011] [CGD 76–170, 45 FR 77441, Nov. 24, 1980]

§ 4.05–2 Incidents involving foreign § 4.05–10 Written report of marine cas- tank vessels. ualty. (a) Within the navigable waters of the (a) The owner, agent, master, oper- United States, its territories, or posses- ator, or person in charge shall, within sions. The marine casualty reporting five days, file a written report of any

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marine casualty required to be re- and shall be admissible as evidence in ported under § 4.05–1. This written re- any administrative proceeding. port is in addition to the immediate [CGD 84–099, 52 FR 47534, Dec. 14, 1987] notice required by § 4.05–1. This written report must be delivered to a Coast § 4.05–15 Voyage records, retention of. Guard Sector Office or Marine Inspec- tion Office. It must be provided on (a) The owner, agent, master, or per- Form CG-2692 (Report of Marine Acci- son in charge of any vessel involved in dent, Injury or Death), supplemented a marine casualty shall retain such as necessary by appended Forms CG- voyage records as are maintained by 2692A (Barge Addendum) and CG-2692B the vessel, such as both rough and (Report of Required Chemical Drug and smooth deck and engine room logs, bell Alcohol Testing Following a Serious books, navigation charts, navigation Marine Incident). work books, compass deviation cards, (b) If filed without delay after the oc- gyro records, stowage plans, records of currence of the marine casualty, the draft, aids to mariners, night order report required by paragraph (a) of this books, radiograms sent and received, section suffices as the notice required radio logs, crew and passenger lists, ar- by § 4.05–1(a). ticles of shipment, official logs and other material which might be of as- [CGD 94–030, 63 FR 19192, Apr. 17, 1998, as sistance in investigating and deter- amended by USCG–2006–25556, 72 FR 36330, mining the cause of the casualty. The July 2, 2007] owner, agent, master, other officer or § 4.05–12 Alcohol or drug use by indi- person responsible for the custody viduals directly involved in casual- thereof, shall make these records avail- ties. able upon request, to a duly authorized (a) For each marine casualty re- investigating officer, administrative quired to be reported by § 4.05–10, the law judge, officer or employee of the marine employer shall determine Coast Guard. whether there is any evidence of alco- (b) The investigating officer may hol or drug use by individuals directly substitute photostatic copies of the involved in the casualty. voyage records referred to in paragraph (b) The marine employer shall in- (a) of this section when they have clude in the written report, Form CG- served their purpose and return the 2692, submitted for the casualty infor- original records to the owner or owners mation which: thereof. (1) Identifies those individuals for § 4.05–20 Report of accident to aid to whom evidence of drug or alcohol use, navigation. or evidence of intoxication, has been obtained; and, Whenever a vessel collides with a (2) Specifies the method used to ob- buoy, or other aid to navigation under tain such evidence, such as personal the jurisdiction of the Coast Guard, or observation of the individual, or by is connected with any such collision, it chemical testing of the individual. shall be the duty of the person in (c) An entry shall be made in the offi- charge of such vessel to report the ac- cial log book, if carried, pertaining to cident to the nearest Officer in Charge, those individuals for whom evidence of Marine Inspection. No report on Form intoxication is obtained. The indi- CG-2692 is required unless one or more vidual must be informed of this entry of the results listed in § 4.05–1 occur. and the entry must be witnessed by a [CGD 74–119, 39 FR 33317, Sept. 17, 1974, as second person. amended by CGD 88–070, 53 FR 34533, Sept. 7, (d) If an individual directly involved 1988] in a casualty refuses to submit to, or cooperate in, the administration of a § 4.05–25 Reports when state of war ex- timely chemical test, when directed by ists. a law enforcement officer or by the ma- During the period when a state of war rine employer, this fact shall be noted exists between the United States and in the official log book, if carried, and any foreign nation, communications in in the written report (Form CG-2692), regard to casualties or accidents shall

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be handled with caution and the re- rence currently is, or is likely to be- ports shall not be made by radio or by come, a serious marine incident. telegram. (b) When a marine employer determines that a casualty or incident is, or § 4.05–30 Incidents involving haz- is likely to become, a serious marine ardous materials. incident, the marine employer shall When a casualty occurs involving take all practicable steps to have each hazardous materials, notification and a individual engaged or employed on written report to the Department of board the vessel who is directly in- Transportation may be required. See 49 volved in the incident chemically test- CFR 171.15 and 171.16. ed for evidence of drug and alcohol use as required in this part. [CGD 76–170, 45 FR 77441, Nov. 24, 1980] (c) The marine employer determines § 4.05–35 Incidents involving nuclear which individuals are directly involved vessels. in a serious marine incident (SMI). A The master of any nuclear vessel law enforcement officer may determine shall immediately inform the Com- that additional individuals are directly mandant in the event of any accident involved in the SMI. In these cases, the or casualty to the nuclear vessel which marine employer must take all prac- may lead to an environmental hazard. tical steps to have these additional in- The master shall also immediately individuals tested according to this part. form the competent governmental au- (d) The requirements of this subpart thority of the country in whose waters do not prevent personnel who are re- the vessel may be or whose waters the quired to be tested from performing du- vessel approaches in a damaged condi- ties in the aftermath of an SMI when tion. their performance is necessary to respond to safety concerns directly re- [CGD 84–099, 52 FR 47534, Dec. 14, 1987] lated to the incident. (e) The marine employer shall ensure § 4.05–40 Alternate electronic means of that all individuals engaged or em- reporting. ployed on board a vessel are fully in- The Commandant may approve alter- doctrinated in the requirements of this nate electronic means of submitting subpart, and that appropriate vessel notices and reports required under this personnel are trained as necessary in subpart. the practical applications of these re- [USCG-1999–6216, 64 FR 53223, Oct. 1, 1999] quirements. [CGD 86–067, 53 FR 47078, Nov. 21, 1988, as Subpart 4.06—Mandatory Chem- amended by USCG-2000–7759, 66 FR 42967, ical Testing Following Serious Aug. 16, 2001; USCG–2001–8773, 70 FR 75960, Marine Incidents Involving Dec. 22, 2005] Vessels in Commercial Serv- § 4.06–3 Requirements for alcohol and ice drug testing following a serious marine incident.

SOURCE: CGD 86–067, 53 FR 47078, Nov. 21, When a marine employer determines 1988, unless otherwise noted. that a casualty or incident is, or is likely to become, an SMI, the marine § 4.06–1 Responsibilities of the marine employer must ensure that the fol- employer. lowing alcohol and drug testing is con- (a) At the time of occurrence of a ma- ducted: rine casualty, a discharge of oil into (a) Alcohol testing. (1) Alcohol testing the navigable waters of the United must be conducted on each individual States, a discharge of a hazardous sub- engaged or employed on board the ves- stance into the navigable waters of the sel who is directly involved in the SMI. United States, or a release of a haz- (i) The alcohol testing of each indi- ardous substance into the environment vidual must be conducted within 2 of the United States, the marine em- hours of when the SMI occurred, unless ployer shall make a timely, good faith precluded by safety concerns directly determination as to whether the occur- related to the incident.

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(ii) If safety concerns directly related SMI must provide a blood, breath, sa- to the SMI prevent the alcohol testing liva, or urine specimen for chemical from being conducted within 2 hours of testing when directed to do so by the the occurrence of the incident, then al- marine employer or a law enforcement cohol testing must be completed as officer. soon as the safety concerns are ad- (b) If the individual refuses to pro- dressed. vide a blood, breath, saliva, or urine (iii) Alcohol testing is not required to specimen, this refusal must be noted on be conducted more than 8 hours after form CG–2692B and in the vessel’s offi- the occurrence of the SMI. cial log book, if a log book is required. (2) Alcohol-testing devices must be The marine employer must remove the used according to the procedures speci- individual as soon as practical from du- fied by the manufacturer of the testing ties that directly affect the safe oper- device and by this part. ation of the vessel. (3) If the alcohol testing required in (c) Individuals subject to alcohol paragraphs (a)(1)(i) and (a)(1)(ii) of this testing after an SMI are prohibited section is not conducted, the marine from consuming alcohol beverages for 8 employer must document on form CG– hours following the occurrence of the 2692B the reason why the testing was SMI or until after the alcohol testing not conducted. required by this part is completed. (4) The marine employer may use al- (d) No individual may be compelled cohol-testing results from tests con- to provide specimens for alcohol and ducted by Coast Guard or local law en- drug testing required by this part. forcement personnel to satisfy the al- However, refusal to provide specimens cohol testing requirements of this part is a violation of this subpart and may only if the alcohol testing meets all of subject the individual to suspension the requirements of this part. and revocation proceedings under part (b) Drug testing. (1) Drug testing must 5 of this chapter, a civil penalty, or be conducted on each individual en- both. gaged or employed on board the vessel who is directly involved in the SMI. [USCG–2001–8773, 70 FR 75961, Dec. 22, 2005] (i) The collection of drug-test specimens of each individual must be con- § 4.06–15 Accessibility of chemical test- ducted within 32 hours of when the SMI ing devices. occurred, unless precluded by safety (a) Alcohol testing. (1) The marine em- concerns directly related to the inci- ployer must have a sufficient number dent. of alcohol testing devices readily ac- (ii) If safety concerns directly related cessible on board the vessel to deter- to the SMI prevent the collection of mine the presence of alcohol in the sys- drug-test specimens from being con- tem of each individual who was di- ducted within 32 hours of the occur- rectly involved in the SMI. rence of the incident, then the collec- (2) All alcohol testing devices used to tion of drug-test specimens must be meet the requirements of this part conducted as soon as the safety con- must be currently listed on either the cerns are addressed. Conforming Products List (CPL) titled (2) If the drug-test specimens re- ‘‘Modal Specifications for Devices To quired in paragraphs (b)(1)(i) and Measure Breath Alcohol’’ or ‘‘Con- (b)(1)(ii) of this section were not col- forming Products List of Screening De- lected, the marine employer must doc- vices To Measure Alcohol in Bodily ument on form CG–2692B the reason Fluids,’’ which are published periodi- why the specimens were not collected. cally in the FEDERAL REGISTER by Na- [USCG–2001–8773, 70 FR 75960, Dec. 22, 2005] tional Highway Traffic Safety Admin- istration (NHTSA). § 4.06–5 Responsibility of individuals (3) The alcohol testing devices need directly involved in serious marine not be carried on board each vessel if incidents. obtaining the devices and conducting (a) Any individual engaged or em- the required alcohol tests can be ac- ployed on board a vessel who is deter- complished within 2 hours from the mined to be directly involved in an time of occurrence of the SMI.

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(b) Drug testing. (1) The marine em- the requirements of this subpart. The ployer must have a sufficient number marine employer shall provide the of urine-specimen collection and ship- specimen collection and shipping kit ping kits meeting the requirements of and request that the local authority 49 CFR part 40 that are readily acces- assist in obtaining the necessary speci- sible for use following SMIs. mens. When the custodian of the re- (2) The specimen collection and ship- mains is a person other than the local ping kits need not be carried on board authority, the marine employer shall each vessel if obtaining the kits and request the custodian to cooperate in collecting the specimen can be com- obtaining the specimens required under pleted within 32 hours from the time of this part. the occurrence of the SMI. (b) If the local authority or custodian of the remains declines to cooperate in [USCG–2001–8773, 70 FR 75961, Dec. 22, 2005] obtaining the necessary specimens, the § 4.06–20 Specimen collection require- marine employer shall provide an ex- ments. planation of the circumstances on Form CG-2692B (Report of Required (a) Alcohol testing. (1) When con- Chemical Drug and Alcohol Testing ducting alcohol testing required in Following a Serious Marine Incident). § 4.06–3(a), an individual determined under this part to be directly involved § 4.06–40 Specimen handling and ship- in the SMI must provide a specimen of ping. their breath, blood, or saliva to the (a) The marine employer shall ensure marine employer as required in this that blood specimens collected in ac- subpart. cordance with §§ 4.06–20 and 4.06–30 are (2) Collection of an individual’s blood promptly shipped to a testing labora- to comply with § 4.06–3(a) must be tory qualified to conduct tests on such taken only by qualified medical per- specimens. A proper chain of custody sonnel. must be maintained for each specimen (3) Collection of an individual’s sa- from the time of collection through the liva or breath to comply with § 4.06–3(a) authorized disposition of the specimen. must be taken only by personnel Blood specimens must be shipped to trained to operate the alcohol-testing the laboratory in a cooled condition by device in use and must be conducted any means adequate to ensure delivery according to this subpart. within twenty-four (24) hours of receipt (b) Drug testing. (1) When conducting by the carrier. drug testing required in § 4.06–3(b), an (b) The marine employer shall ensure individual determined under this part that the urine specimen collection pro- to be directly involved in the SMI must cedures of § 16.113 of this chapter and provide a specimen of their urine ac- the chain of custody requirements of 49 cording to 46 CFR part 16 and 49 CFR CFR part 40, subpart D, are complied part 40. with. The marine employer shall en- (2) Specimen collection and shipping sure that urine specimens required by kits used to conduct drug testing must §§ 4.06–20 and 4. 06–30 are promptly be used according to 49 CFR part 40. shipped to a laboratory complying with [USCG–2001–8773, 70 FR 75961, Dec. 22, 2005] the requirements of 49 CFR part 40. Urine specimens must be shipped by an § 4.06–30 Specimen collection in inci- expeditious means, but need not be dents involving fatalities. shipped in a cooled condition for over- (a) When an individual engaged or night delivery. employed on board a vessel dies as a re- [CGD 86–067, 53 FR 47078, Nov. 21, 1988, as sult of a serious marine incident, blood amended by USCG-2000–7759, 66 FR 42967, and urine specimens must be obtained Aug. 16, 2001] from the remains of the individual for chemical testing, if practicable to do § 4.06–50 Specimen analysis and fol- so. The marine employer shall notify low-up procedures. the appropriate local authority, such (a) Each laboratory will provide as the coroner or medical examiner, as prompt analysis of specimens collected soon as possible, of the fatality and of under this subpart, consistent with the

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need to develop all relevant informa- est the port of first arrival following tion and to produce a complete anal- the discharge. ysis report. (d) Upon receipt of the report of (b) Reports shall be sent to the Med- chemical test results, the marine em- ical Review Officer meeting the re- ployer shall submit a copy of the test quirements of 49 CFR 40.121, as des- results for each person listed on the ignated by the marine employer sub- CG-2692B to the Coast Guard Officer in mitting the specimen for testing. Charge, Marine Inspection to whom the Wherever a urinalysis report indicates CG-2692B was submitted. the presence of a dangerous drug or (e) The Commandant may approve al- drug metabolite, the Medical Review ternate electronic means of submitting Officer shall review the report as re- reports and test results as required quired by 49 CFR part 40, subpart G, under paragraphs (a) through (d) of this and submit his or her findings to the section. marine employer. Blood test reports indicating the presence of alcohol shall [CGD 86–067, 53 FR 47078, Nov. 21, 1988, as be similarly reviewed to determine if amended by CGD 97–057, 62 FR 51041, Sept. 30, there is a legitimate medical expla- 1997; USCG-1999–6216, 64 FR 53223, Oct. 1, 1999] nation. (c) Analysis results which indicate § 4.06–70 Penalties. the presence of alcohol, dangerous Violation of this part is subject to drugs, or drug metabolites shall not be the civil penalties set forth in 46 U.S.C. construed by themselves as consti- 2115. tuting a finding that use of drugs or alcohol was the probable cause of a seri- [USCG–2001–8773, 70 FR 75961, Dec. 22, 2005] ous marine incident. Subpart 4.07—Investigations [CGD 86–067, 53 FR 47078, Nov. 21, 1988, as amended by CGD 90–053, 58 FR 31107, May 28, § 4.07–1 Commandant or District Com- 1993; USCG-2000–7759, 66 FR 42967, Aug. 16, mander to order investigation. 2001] (a) The Commandant or District § 4.06–60 Submission of reports and Commander upon receipt of informa- test results. tion of a marine casualty or accident, (a) Whenever an individual engaged will immediately cause such investiga- or employed on a vessel is identified as tion as may be necessary in accordance being directly involved in a serious ma- with the regulations in this part. rine incident, the marine employer (b) The investigations of marine cas- shall complete Form CG-2692B (Report ualties and accidents and the deter- of Required Chemical Drug and Alcohol minations made are for the purpose of Testing Following a Serious Marine In- taking appropriate measures for pro- cident). moting safety of life and property at (b) When the serious marine incident sea, and are not intended to fix civil or requires the submission of Form CG- criminal responsibility. 2692 (Report of Marine Casualty, Injury (c) The investigation will determine or Death) to the Coast Guard in accord- as closely as possible: ance with § 4.05–10, the report required (1) The cause of the accident; by paragraph (a) of this section shall be (2) Whether there is evidence that appended to Form CG-2692. any failure of material (either physical (c) In incidents involving discharges or design) was involved or contributed of oil or hazardous substances as de- to the casualty, so that proper rec- scribed in § 4.03–2 (b) and (c) of this part, when Form CG-2692 is not re- ommendations for the prevention of quired to be submitted, the report re- the recurrence of similar casualties quired by paragraph (a) of this section may be made; shall be submitted to the Coast Guard (3) Whether there is evidence that Officer in Charge, Marine Inspection, any act of misconduct, inattention to having jurisdiction over the location duty, negligence or willful violation of where the discharge occurred or near-

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the law on the part of any person hold- submit to the Commandant via the Of- ing a Coast Guard credential contrib- ficer in Charge, Marine Inspection, and uted to the casualty, so that appro- the District Commander, a full and priate proceedings against the creden- complete report of the facts as deter- tial of such person may be rec- mined by his investigation, together ommended and taken under 46 U.S.C. with his opinions and recommenda- 6301; tions in the premises. The Officer in (4) Whether there is evidence that Charge, Marine Inspection, and the any Coast Guard personnel or any rep- District Commander shall forward the resentative or employee of any other investigating officer’s report to the government agency or any other per- Commandant with an endorsement son caused or contributed to the cause stating: of the casualty; or, (1) Approval or otherwise of the find- (5) Whether the accident shall be fur- ings of fact, conclusions and rec- ther investigated by a Marine Board of ommendations; Investigation in accordance with regu- (2) Any action taken with respect to lations in subpart 4.09. the recommendations; [CGD 74–119, 39 FR 33317, Sept. 17, 1974, as (3) Whether or not any action has amended by CGD 97–057, 62 FR 51041, Sept. 30, been or will be taken under part 5 of 1997; USCG–2006–24371, 74 FR 11214, Mar. 16, this subchapter to suspend or revoke 2009] credentials; and, § 4.07–5 Investigating officers, powers (4) Whether or not violations of laws of. or regulations relating to vessels have (a) An investigating officer inves- been reported on Form CG-2636, report tigates each marine casualty or acci- of violation of navigation laws. dent reported under §§ 4.05–1 and 4.05–10. (b) At the conclusion of the inves- (b) Such investigating officer shall tigation, the investigating officer shall have the power to administer oaths, submit the report described in para- subpoena witnesses, require persons graph (a) of this section, to the Com- having knowledge of the subject mat- mandant via the Merchant Marine De- ter of the investigation to answer ques- tail Officer or the Officer in Charge, tionnaires and require the production Marine Inspection, and the Com- of relevant books, papers, documents mander, Coast Guard MIO Europe for a and other records. European port or Commander, Four- (c) Attendance of witnesses or the teenth Coast Guard for an Asian or Pa- production of books, papers, documents cific port. The Merchant Marine Detail or any other evidence shall be com- Officer or the Officer in Charge, Marine pelled by a similar process as in the Inspection, and Commander, Coast United States District Court. Guard MIO Europe or Commander, Fourteenth Coast Guard District shall [CGFR 65–50, 30 FR 17099, Dec. 30, 1965, as forward the investigating officer’s re- amended by CGD–104R, 37 FR 14234, July 18, 1972] port to the Commandant with the endorsement described in paragraphs (a) § 4.07–7 Opening statement. (1) through (4) of this section. The investigating officer or the [CGD 74–119, 39 FR 33317, Sept. 17, 1974, as Chairman of a Marine Board of Inves- amended by CGD 75–196, 41 FR 18655, May 6, tigation shall open the investigation 1976; CGD 97–057, 62 FR 51042, Sept. 30, 1997; by announcing the statutory authority USCG–2006–24371, 74 FR 11214, Mar. 16, 2009] for the proceeding and he shall advise parties in interest concerning their § 4.07–15 Recommendations, action on. rights to be represented by counsel, to Where the recommendations of an in- examine and cross-examine witnesses, vestigating officer are such that their and to call witnesses in their own be- accomplishment is within the author- half. ity of the District Commander or any of the personnel under his command, § 4.07–10 Report of investigation. immediate steps shall be taken to put (a) At the conclusion of the inves- them into effect and his forwarding en- tigation the investigating officer shall dorsement shall so indicate.

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§ 4.07–20 Transfer of jurisdiction. Guard shall be in accordance with the When it appears to the District Com- regulations in this part and all actions mander that it is more advantageous taken in connection with the investiga- to conduct an investigation in a dis- tions of such marine casualties entered trict other than in the district where in the official log(s) of the vessel(s) the casualty was first reported, that of- concerned. ficer shall transfer the case to the other district together with any infor- § 4.07–55 Information to be furnished mation or material relative to the cas- Marine Board of Investigation. ualty he may have. When a Marine Board of Investiga- tion is convened in accordance with § 4.07–25 Testimony of witnesses in § 4.09–1, the investigating officer shall other districts, depositions. immediately furnish the board with all When witnesses are available in a dis- testimony, statements, reports, docu- trict other than the district in which ments, papers, a list of witnesses in- the investigation is being made, testi- cluding those whom he has examined, mony or statements shall be taken other material which he may have from witnesses in the other districts by an investigating officer and promptly gathered, and a statement of any find- transmitted to the investigating offi- ings of fact which he may have deter- cer conducting the investigation. Depo- mined. The preliminary investigation sitions may be taken in the manner shall cease forthwith and the afore- prescribed by regulations in subpart mentioned material shall become a 4.12. part of the Marine Board of Investiga- tion’s record. § 4.07–30 Testimony of witnesses under oath. Subpart 4.09—Marine Board of (a) Witnesses to marine casualties or Investigation accidents appearing before an investigating officer may be placed under § 4.09–1 Commandant to designate. oath and their testimony may be reduced to writing. If it appears that it would tend to (b) Written statements and reports promote safety of life and property at submitted as evidence by witnesses sea or would be in the public interest, shall be sworn to before an officer au- the Commandant may designate a Ma- thorized to administer oaths and such rine Board of Investigation to conduct statements and/or reports shall be an investigation. signed. [CGD 76–170, 45 FR 77441, Nov. 24, 1980] § 4.07–35 Counsel for witnesses and parties in interest. § 4.09–5 Powers of Marine Board of In- vestigation. (a) All parties in interest shall be allowed to be represented by counsel, to Any Marine Board of Investigation so examine and cross-examine witnesses designated shall have the power to ad- and to call witnesses in their own be- minister oaths, summon witnesses, re- half. quire persons having knowledge of the (b) Witnesses who are not parties in subject matter of the investigation to interest may be assisted by counsel for answer questionnaires, and to require the purpose of advising such witnesses the production of relevant books, pa- concerning their rights; however, such pers, documents or any other evidence. counsel will not be permitted to exam- Attendance of witnesses or the produc- ine or cross-examine other witnesses or tion of books, papers, documents or otherwise participate in the investiga- any other evidence shall be compelled tion. by a similar process as in the United States District Court. The chairman § 4.07–45 Foreign units of Coast Guard, investigation by. shall administer all necessary oaths to any witnesses summoned before said Investigations of marine casualties Board. conducted by foreign units of the Coast

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§ 4.09–10 Witnesses, payment of. mandant will require to be placed into effect such recommendations as he Any witness subpoenaed under § 4.09– 5 shall be paid such fees for his travel may deem necessary for the better im- and attendance as shall be certified by provement and safety of life and prop- the chairman of a Marine Board of In- erty at sea. vestigation or an investigating officer, § 4.09–35 Preferment of charges. in accordance with § 4.11–10. (a) If in the course of an investiga- § 4.09–15 Time and place of investigation by a Marine Board there appears tion, notice of; rights of witnesses, probable cause for the preferment of etc. charges against any licensed or certifi- Reasonable notice of the time and cated personnel, the Marine Board place of the investigation shall be shall, either during or immediately fol- given to any person whose conduct is lowing the investigation and before the or may be under investigation and to witnesses have dispersed, apprise the any other party in interest. All parties District Commander of such evidence in interest shall be allowed to be rep- for possible action in accordance with resented by counsel, to cross-examine part 5 of this subchapter, without wait- witnesses, and to call witnesses in ing for the approval of the report by their own behalf. the Commandant. Such action or proceedings shall be independent and § 4.09–17 Sessions to be public. apart from any other action which may (a) All sessions of a Marine Board of be later ordered by the Commandant or Investigation for the purpose of obtain- taken by other authorities. ing evidence shall normally be open to the public, subject to the provision Subpart 4.11—Witnesses and that the conduct of any person present Witness Fees shall not be allowed to interfere with the proper and orderly functioning of § 4.11–1 Employees of vessels con- the Board. Sessions will not be open to trolled by Army or Navy as wit- the public when evidence of a classified nesses. nature or affecting national security is No officer, seaman, or other em- to be received. ployee of any public vessel controlled § 4.09–20 Record of proceedings. by the Army or Navy (not including the Coast Guard) of the United States, The testimony of witnesses shall be shall be summoned or otherwise re- transcribed and a complete record of quired to appear as a witness in con- the proceedings of a Marine Board of nection with any investigation or other Investigation shall be kept. At the con- proceeding without the consent of the clusion of the investigation a written Government agency concerned. report shall be made containing findings of fact, opinions, and rec- § 4.11–5 Coercion of witnesses. ommendations to the Commandant for his consideration. Any attempt to coerce any witness or to induce him to testify falsely in con- § 4.09–25 U.S. Attorney to be notified. nection with a shipping casualty, or to induce any witness to leave the juris- The recorder of a Marine Board of In- diction of the United States, is punish- vestigation shall notify the United able by a fine of $5,000.00 or imprison- States Attorney for the District in ment for one year, or both such fine which the Marine Board of Investiga- and imprisonment. tion is being conducted of the nature of the casualty under investigation and § 4.11–10 Witness fees and allowances. time and place the investigation will be made. Witness fees and allowances are paid in accordance with 46 CFR 5.401. § 4.09–30 Action on report. [CGD 79–080, 45 FR 2046, Jan. 10, 1980, as Upon approval of the report of a Ma- amended by CGD 96–041, 61 FR 50726, Sept. 27, rine Board of Investigation the Com- 1996]

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Subpart 4.12—Testimony by warded to the officer designated to Interrogatories and Depositions take such deposition. This officer will cause the subpoena to be served person- § 4.12–1 Application, procedure, and ally on the witness. After service the admissibility. subpoena shall be endorsed and re- (a) Witnesses shall be examined oral- turned to the investigating officer or ly, except that for good cause shown, Marine Board of Investigation. testimony may be taken by deposition (f) When the deposition has been duly upon application of any party in inter- executed it shall be returned to the in- est or upon the initiative of the inves- vestigating officer or Marine Board of tigating officer or Marine Board of In- Investigation. As soon as practicable vestigation. after the receipt of the deposition the (b) Applications to take depositions investigating officer or Marine Board shall be in writing setting forth the of Investigation shall present it to the reasons why such deposition should be parties for their examination. The in- taken, the name and address of the witness, the matters concerning which it vestigating officer or Marine Board of is expected the witness will testify, and Investigation shall rule on the admissi- the time and place proposed for the bility of the deposition or any part taking of the deposition. Such applica- thereof and of any objection offered by tion shall be made to an investigating either party thereto. officer or the Marine Board of Inves- [CGD 74–119, 39 FR 33317, Sept. 17, 1974, as tigation prior to or during the course amended by CGD 96–041, 61 FR 50726, Sept. 27, of the proceedings. 1996] (c) The investigating officer or Ma- rine Board of Investigation, shall, upon receipt of the application, if good cause Subpart 4.13—Availability of is shown, make and serve upon the par- Records ties an order which will specify the name of the witness whose deposition § 4.13–1 Public availability of records. is to be taken, the name and place of Coast Guard records are made avail- the taking of such deposition and shall able to the public in accordance with 49 contain a designation of the officer be- CFR part 7. fore whom the witness is to testify. Such deposition may be taken before [CGD 73–43R, 40 FR 13501, Mar. 27, 1975] any officer authorized to administer oaths by the laws of the United States. Subpart 4.19—Construction of (d) The party desiring the deposition Regulations and Rules of Evidence may submit a list of interrogatories to be propounded to the absent witness; § 4.19–1 Construction of regulations. then the opposite party after he has The regulations in this part shall be been allowed a reasonable time for this liberally construed to insure just, purpose, may submit a list of cross-in- speedy, and inexpensive determination terrogatories. If either party objects to of the issues presented. any question of the adversary party, the matter shall be presented to the in- § 4.19–5 Adherence to rules of evi- vestigating officer or Marine Board of dence. Investigation for a ruling. Upon agreement of the parties on a list of inter- As hearings under this part are ad- rogatories and cross-interrogatories (if ministrative in character, strict adher- any) the investigating officer or Ma- ence to the formal rules of evidence is rine Board of Investigation may pro- not imperative. However, in the inter- pound such additional questions as est of orderly presentation of the facts may be necessary to clarify the testi- of a case, the rules of evidence should mony given by the witness. be observed as closely as possible. (e) The subpoena referred to in subpart F of this subchapter together with the list of interrogatories and cross-interrogatories (if any) shall be for-

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Subpart 4.21—Computation of eliminated nor diminished by the regu- Time lations in this subpart. (b) In those instances where the Na- § 4.21–1 Computation of time. tional Transportation Safety Board The time, within which any act, pro- conducts an investigation in which the vided by the regulation in this sub- Coast Guard also has responsibility chapter, or an order of the Marine under 46 U.S.C. Chapter 63, the pro- Board of Investigation is to be done, ceedings are conducted independently shall be computed by excluding the but so as to avoid duplication as much first day and including the last unless as possible. the last day is Sunday or a legal holi- [CGD 76–149, 42 FR 61200, Dec. 1, 1977, as day, in which case the time shall ex- amended by CGD 95–028, 62 FR 51195, Sept. 30, tend to and include the next succeeding 1997] day that is not a Sunday or legal holiday: Provided, however, That where the § 4.40–5 Definitions. time fixed by the regulations in this As used in this subpart: subchapter or an order of the Board is (a) Act means title III of Public Law five days or less all intervening Sun- 93–633, the Independent Safety Board days or legal holidays, other than Sat- Act of 1974, (49 U.S.C. 1131). urdays, shall be excluded. (b) Board means the National Trans- portation Safety Board. Subpart 4.23—Evidence of (c) Chairman means the Chairman of Criminal Liability the National Transportation Safety Board. § 4.23–1 Evidence of criminal liability. (d) Major marine casualty means a cas- If, as a result of any investigation or ualty involving a vessel, other than a other proceeding conducted hereunder, public vessel, that results in: evidence of criminal liability on the (1) The loss of six or more lives: part of any licensed officer or certifi- (2) The loss of a mechanically pro- cated person or any other person is pelled vessel of 100 or more gross tons; found, such evidence shall be referred (3) Property damage initially esti- to the U.S. Attorney General. mated at $500,000 or more; or (4) Serious threat, as determined by [CGD 74–119, 39 FR 33317, Sept. 17, 1974, as the Commandant and concurred in by amended by USCG-2004–18884, 69 FR 58341, Sept. 30, 2004] the Chairman, to life, property, or the environment by hazardous materials. (e) Public vessel means a vessel owned Subpart 4.40—Coast Guard—Na- by the United States, except a vessel to tional Transportation Safety which the Act of October 25, 1919, c.82, Board Marine Casualty Inves- (41 Stat. 305, 46 U.S.C. 363) applies. tigations (f) Vessel of the United States means a vessel: SOURCE: CGD 76–149, 42 FR 61200, Dec. 1, (1) Documented or required to be doc- 1977, unless otherwise noted. umented under the laws of the United States; § 4.40–1 Purpose. (2) Owned in the United States; or This subpart prescribes the joint reg- (3) Owned by a citizen or resident of ulations of the National Transpor- the United States and not registered tation Safety Board and the Coast under a foreign flag. Guard for the investigation of marine [CGD 76–149, 42 FR 61200, Dec. 1, 1977, as casualties. amended by CGD 95–028, 62 FR 51195, Sept. 30, [CGD 82–034, 47 FR 45882, Oct. 14, 1982] 1997]

§ 4.40–3 Relationship to Coast Guard § 4.40–10 Preliminary investigation by marine investigation regulations the Coast Guard. and procedures. (a) The Coast Guard conducts the (a) The Coast Guard’s responsibility preliminary investigation of marine to investigate marine casualties is not casualties.

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(b) The Commandant determines § 4.40–20 Cause or probable cause de- from the preliminary investigation terminations from Board investiga- whether: tion. (1) The casualty is a major marine After an investigation conducted by casualty; or the Board under § 4.40–15, the Board de- (2) The casualty involves a public and termines cause or probable cause and a non-public vessel and at least one fa- issues a report of that determination. tality or $75,000 in property damage; or § 4.40–25 Coast Guard marine casualty (3) The casualty involves a Coast investigation for the Board. Guard and a non-public vessel and at least one fatality or $75,000 in property (a) If the Board does not conduct an investigation under § 4.40–15 (a), (b) (2) damage; or or (3), the Coast Guard, at the request (4) The casualty is a major marine of the Board, may conduct an inves- casualty which involves significant tigation under the Act unless there is safety issues relating to Coast Guard an allegation of Federal Government safety functions, e.g., search and res- misfeasance or nonfeasance. cue, aids to navigation, vessel traffic (b) The Board will request the Coast systems, commercial vessel safety, etc. Guard to conduct an investigation (c) The Commandant notifies the under paragraph (a) of this section Board of a casualty described in para- within 48 hours of receiving notice graph (b) of this section. under § 4.40–10(c). (c) The Coast Guard will advise the [CGD 76–149, 42 FR 61200, Dec. 1, 1977, as Board within 24 hours of receipt of a re- amended by CGD 82–034, 47 FR 45882, Oct. 14, quest under paragraph (b) of this sec- 1982] tion whether the Coast Guard will con- § 4.40–15 Marine casualty investigation duct an investigation under the Act. by the Board. [CGD 82–034, 47 FR 45882, Oct. 14, 1982] (a) The Board may conduct an inves- § 4.40–30 Procedures for Coast Guard tigation under the Act of any major investigation. marine casualty or any casualty involving public and non-public vessels. (a) The Coast Guard conducts an in- Where the Board determines it will vestigation under § 4.40–25 using the procedures in 46 CFR 4.01–1 through convene a hearing in connection with 4.23–1. such an investigation, the Board’s (b) The Board may designate a person rules of practice for transportation ac- or persons to participate in every phase cident hearings in 49 CFR part 845 shall of an investigation, including an on apply. scene investigation, that is conducted (b) The Board shall conduct an inves- under the provisions of subpart 4.40–25 tigation under the Act when: of this part. (1) The casualty involves a Coast (c) Consistent with Coast Guard re- Guard and a non-public vessel and at sponsibility to direct the course of the least one fatality or $75,000 in property investigation, the person or persons damage; or designated by the Board under para- (2) The Commandant and the Board graph (b) of this section may: agree that the Board shall conduct the (1) Make recommendations about the investigation, and the casualty in- scope of the investigations. volves a public and a non-public vessel (2) Call and examine witnesses. and at least one fatality or $75,000 in (3) Submit or request additional evi- property damage; or dence. (3) The Commandant and the Board (d) The Commandant provides a agree that the Board shall conduct the record of the proceedings to the Board investigation, and the casualty is a of an investigation of a major marine major marine casualty which involves casualty under paragraph (a) of this significant safety issues relating to section. (e) The Board, under the Act, makes Coast Guard safety functions. its determination of the facts, condi- [CGD 82–034, 47 FR 45882, Oct. 14, 1982] tions, circumstances, and the cause or

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probable cause of a major marine cas- 5.67 Physician-patient privilege. ualty using the record of the pro- 5.69 Evidence of criminal liability. ceedings provided by the Commandant 5.71 Maritime labor disputes. under paragraph (d) of this section, and Subpart D—Investigations any additional evidence the Board may acquire under its own authority. 5.101 Conduct of investigations. (f) An investigation by the Coast 5.103 Powers of investigating officer. Guard under this section is both an in- 5.105 Course of action available. vestigation under the Act and under 46 5.107 Service of complaints. U.S.C. Chapter 63. Subpart E—Deposit or Surrender of Coast [CGD 76–149, 42 FR 61200, Dec. 1, 1977, as Guard Credential or Endorsement amended by CGD 95–028, 62 FR 51195, Sept. 30, 1997; USCG-2004–18884, 69 FR 58341, Sept. 30, 5.201 Voluntary deposits in event of mental 2004] or physical incompetence. 5.203 Voluntary surrender to avoid hearing. § 4.40–35 Records of the Coast Guard 5.205 Return or issuance of a credential or and the Board. endorsement. (a) Records of the Coast Guard made under § 4.40–30 are available to the pub- Subpart F—Subpoenas lic under 49 CFR part 7. 5.301 Issuance of subpoenas. (b) Records of the Board made under 5.303 Service of subpoenas on behalf of the §§ 4.40–20 and 4.40–30 are available to the respondent. public under 49 CFR part 801. 5.305 Quashing a subpoena. 5.307 Enforcement. PART 5—MARINE INVESTIGATION 5.309 Proof of service REGULATIONS—PERSONNEL AC- Subpart G—Witness Fees TION 5.401 Payment of witness fees and allowances. Subpart A—Purpose Sec. Subpart H—Hearings 5.3 Purpose of regulations. 5.501 General. 5.5 Purpose of administrative actions. 5.521 Verification of credential or endorse- Subpart B—Definitions ment. 5.567 Order. 5.11 Officer in Charge, Marine Inspection. 5.569 Selection of an appropriate order. 5.15 Investigating Officer. 5.19 Administrative Law Judge. Subpart I [Reserved] 5.27 Misconduct. 5.29 Negligence. Subpart J—Appeals 5.31 Incompetence. 5.33 Violation of law or regulation. 5.701 Appeals in general. 5.35 Conviction for a dangerous drug law 5.707 Stay of effect of decision and order of violation, use of, or addiction to the use Administrative Law Judge on appeal to of dangerous drugs. the Commandant; temporary credential 5.40 Credential and merchant mariner cre- or endorsement. dential. 5.713 Appeals to the National Transpor- tation Safety Board. Subpart C—Statement of Policy and 5.715 Stay of effect of Decision of the Com- Interpretation mandant on Appeal: Temporary credential and/or endorsement pending appeal 5.51 Construction of regulations. to National Transportation Safety 5.55 Time limitations for service of a com- Board. plaint. 5.57 Acting under authority of Coast Guard Subpart K—Review of Administrative Law credential or endorsement. Judge’s Decisions in Cases Where 5.59 Offenses for which revocation of creden- Charges Have Been Found Proved tials or endorsements is mandatory. 5.61 Acts or offenses for which revocation of 5.801 Commandant’s review. credentials is sought. 5.803 Record for decision on review. 5.65 Commandant’s decisions in appeal or 5.805 Action on review. review cases. 5.807 Commandant’s Decision on Review.

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Subpart L—Issuance of New Credential or ters pertaining to the conduct of per- Endorsement After Revocation or Surrender sons applying for or holding merchant mariner’s documents, licenses, certifi- 5.901 Time limitations. cates or credentials issued by the Coast 5.903 Application procedures. 5.905 Commandant’s decision on applica- Guard. An Officer in Charge, Marine In- tion. spection is an investigating officer without further designation. AUTHORITY: 46 U.S.C. 2103, 7101, 7301, 7701; Department of Homeland Security Delega- [USCG–2006–25535, 71 FR 48482, Aug. 21, 2006] tion No. 0170.1.

SOURCE: CGD 82–002, 50 FR 32184, Aug. 9, § 5.19 Administrative Law Judge. 1985, unless otherwise noted. (a) An Administrative Law Judge shall mean any person designated by the Subpart A—Purpose Commandant pursuant to the Adminis- trative Procedure Act (5 U.S.C. 556(b) § 5.3 Purpose of regulations. for the purpose of conducting hearings The regulations in this part establish arising under 46 U.S.C. 7703 or 7704. policies for administrative actions (b) The Commandant has delegated against mariners’ credentials or en- to Administrative Law Judges the au- dorsements issued by the Coast Guard. thority to admonish, suspend, with or [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as without probation, or revoke a creden- amended by USCG-1998–3472, 64 FR 28075, May tial or endorsement issued to a person 24, 1999; USCG–2006–24371, 74 FR 11214, Mar. by the Coast Guard under any naviga- 16, 2009] tion or shipping law.

§ 5.5 Purpose of administrative ac- [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as tions. amended by USCG-2004–18884, 69 FR 58341, Sept. 30, 2004; USCG–2006–24371, 74 FR 11214, The administrative actions against a Mar. 16, 2009] license, certificate, merchant mariner credential, endorsement, or document § 5.27 Misconduct. are remedial and not penal in nature. Misconduct is human behavior which These actions are intended to help violates some formal, duly established maintain standards for competence and rule. Such rules are found in, among conduct essential to the promotion of other places, statutes, regulations, the safety at sea. common law, the general maritime [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as law, a ship’s regulation or order, or amended by USCG–2006–24371, 74 FR 11214, shipping articles and similar sources. Mar. 16, 2009] It is an act which is forbidden or a failure to do that which is required. Subpart B—Definitions § 5.29 Negligence. § 5.11 Officer in Charge, Marine In- Negligence is the commission of an spection. act which a reasonable and prudent Officer in Charge, Marine Inspection person of the same station, under the (OCMI) for the purposes of part 5 same circumstances, would not com- means the officer or individual so des- mit, or the failure to perform an act ignated at one of the Regional Exam- which a reasonable and prudent person ination Centers, or any person so des- of the same station, under the same ignated by the Commandant. circumstances, would not fail to per- [USCG–2006–25535, 71 FR 48482, Aug. 21, 2006] form.

§ 5.15 Investigating Officer. § 5.31 Incompetence. An investigating officer is a Coast Incompetence is the inability on the Guard official designated by the Com- part of a person to perform required mandant, a District Commander, or the duties, whether due to professional de- Officer in Charge, Marine Inspection, ficiencies, physical disability, mental for the purpose of conducting inves- incapacity, or any combination there- tigations of marine casualties or mat- of.

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§ 5.33 Violation of law or regulation. identification, and certificate of service. Where the proceeding is based exclusively on that part of title 46 U.S.C. [USCG–2006–24371, 74 FR 11214, Mar. 16, 2009] section 7703, which provides as a basis for suspension or revocation, a viola- Subpart C—Statement of Policy tion or failure to comply with 46 U.S.C. and Interpretation subtitle II, a regulation prescribed under that subtitle, or any other law or § 5.51 Construction of regulations. regulation intended to promote marine The regulations in this part shall be safety or protect navigable waters, the construed so as to obtain a just, complaint must state the specific stat- speedy, and economical determination ute or regulation by title and section of the issues presented. number, and the particular manner in which it was allegedly violated. § 5.55 Time limitations for service of a complaint. [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as (a) The time limitations for service amended by USCG-1998–3472, 64 FR 28075, May of a complaint upon the holder of a cre- 24, 1999; USCG-2004–18884, 69 FR 58342, Sept. 30, 2004] dential are as follows: (1) When based exclusively on 46 § 5.35 Conviction for a dangerous drug U.S.C. 7704, service shall be within 10 law violation, use of, or addiction to years after the date of conviction, or at the use of dangerous drugs. anytime if the person charged is a user of or addicted to the use of a dangerous Where the proceeding is based exclu- drug. sively on the provisions of title 46, (2) For one of the misconduct of- U.S.C. 7704, the complaint will allege fenses specified in § 5.59(a) or § 5.61(a), conviction for a dangerous drug law vio- service shall be within five years after lation or use of dangerous drugs or addic- commission of the offense alleged tion to the use of dangerous drugs, de- therein. pending upon the circumstances and (3) For an act or offense not other- will allege jurisdiction by stating the wise provided for, the service shall be elements as required by title 46, U.S.C. within three years after the commis- 7704, and the approximate time and sion of the act or offense alleged there- place of the offense. in. [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as (b) When computing the period of amended by USCG-1998–3472, 64 FR 28075, May time specified in paragraphs (a) (2) and 24, 1999] (3) of this section there shall be excluded any period or periods of time § 5.40 Credential and merchant mar- when the respondent could not attend a iner credential. hearing or be served charges by reason Credential means any or all of the fol- of being outside of the United States or lowing: by reason of being in prison or hos- pitalized. (1) Merchant mariner’s document. (2) Merchant mariner’s license. [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as (3) STCW endorsement. amended by USCG-1998–3472, 64 FR 28075, May 24, 1999; USCG–2006–24371, 74 FR 11214, Mar. (4) Certificate of registry. 16, 2009] (5) Merchant mariner credential. Merchant mariner credential or MMC § 5.57 Acting under authority of Coast means the credential issued by the Guard credential or endorsement. Coast Guard under 46 CFR part 10. It (a) A person employed in the service combines the individual merchant of a vessel is considered to be acting mariner’s document, license, and cer- under the authority of a credential or tificate of registry enumerated in 46 endorsement when the holding of such U.S.C. subtitle II part E as well as the credential or endorsement is: STCW endorsement into a single cre- (1) Required by law or regulation; or dential that serves as the mariner’s (2) Required by an employer as a con- qualification document, certificate of dition for employment.

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(b) A person is considered to be act- (2) Misconduct resulting in loss of life ing under the authority of the creden- or serious injury. tial or endorsement while engaged in (3) Rape or sexual molestation. official matters regarding the creden- (4) Murder or attempted murder. tial or endorsement. This includes, but (5) Mutiny. is not limited to, such acts as applying (6) Perversion. for renewal, taking examinations for (7) Sabotage. raises of grade, requesting duplicate or (8) Smuggling of aliens. replacement credentials, or when ap- (9) Incompetence. pearing at a hearing under this part. (10) Interference with master, ship’s (c) A person does not cease to act officers, or government officials in per- under the authority of a credential or formance of official duties. endorsement while on authorized or (11) Wrongful destruction of ship’s unauthorized shore leave from the ves- property. sel. (b) An investigating officer may seek revocation of a respondent’s credential [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as or endorsements when the cir- amended by USCG–2006–24371, 74 FR 11214, cumstances of an act or offense found Mar. 16, 2009] proved or consideration of the respondent’s prior record indicates that per- § 5.59 Offenses for which revocation of mitting such person to serve under the credentials or endorsements is mandatory. credential or endorsements would be clearly a threat to the safety of life or An Administrative Law Judge enters property, or detrimental to good dis- an order revoking a respondent’s cre- cipline. dential or endorsement when— (a) A charge of misconduct for wrong- [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as amended by USCG–2006–24371, 74 FR 11215, ful possession, use, sale, or association Mar. 16, 2009] with dangerous drugs is found proved. In those cases involving marijuana, the § 5.65 Commandant’s decisions in ap- Administrative Law Judge may enter peal or review cases. an order less than revocation when sat- The decisions of the Commandant in isfied that the use, possession or asso- cases of appeal or review of decisions of ciation, was the result of experimen- Administrative Law Judges are offi- tation by the respondent and that the cially noticed and the principles and respondent has submitted satisfactory policies enunciated therein are binding evidence that he or she is cured of such upon all Administrative Law Judges, use and that the possession or associa- unless they are modified or rejected by tion will not recur. competent authority. (b) The respondent has been a user of, or addicted to the use of, a dangerous § 5.67 Physician-patient privilege. drug, or has been convicted for a viola- For the purpose of these proceedings, tion of the dangerous drug laws, wheth- the physician-patient privilege does er or not further court action is pend- not exist between a physician and a re- ing, and such charge is found proved. A spondent. conviction becomes final when no issue of law or fact determinative of the re- § 5.69 Evidence of criminal liability. spondent’s guilt remains to be decided. Evidence of criminal liability discov- [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as ered during an investigation or hearing amended by USCG–2006–24371, 74 FR 11215, conducted pursuant to this part will be Mar. 16, 2009] referred to the Attorney General’s local representative or other appro- § 5.61 Acts or offenses for which rev- priate law enforcement authority hav- ocation of credentials is sought. ing jurisdiction over the matter. (a) An investigating officer seeks revocation of a respondent’s credential or § 5.71 Maritime labor disputes. endorsements when one of the fol- Under no circumstances will the lowing acts or offenses is found proved: Coast Guard exercise its authority for (1) Assault with a dangerous weapon. the purpose of favoring any party to a

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maritime labor controversy. However, § 5.105 Course of action available. if the situation affecting the safety of During an investigation, the inves- the vessel or persons on board is pre- tigating officer may take appropriate sented, the matter shall be thoroughly action as follows: investigated and when a violation of (a) Issue complaint. existing statutes or regulations is indi- (b) Accept voluntary surrender of a cated, appropriate action will be taken. credential or endorsement. (c) Accept voluntary deposit of a cre- Subpart D—Investigations dential or endorsement. (d) Refer the case to others for fur- § 5.101 Conduct of investigations. ther action. The investigating officer (a) Investigations may be initiated in may refer the case to the Commandant any case in which it appears that there or to an Officer in Charge, Marine In- are reasonable grounds to believe that spection, at any port for completion of the holder of a credential or endorse- administrative action if an adequate ment issued by the Coast Guard may basis for action is found and the person have: under investigation and/or witnesses (1) Committed an act of incom- are not locally available. petency, misconduct, or negligence (e) Give a written warning. The in- while acting under the authority of a vestigating officer may give a warning credential or endorsement; to any person holding a credential or (2) Violated or failed to comply with endorsement. Refusal to accept the subtitle II of title 46, U.S.C., a regula- written warning will normally result in tion prescribed under this subtitle, or a withdrawal of the warning and the any other law or regulations intended preferral of charges. An unrejected to promote marine safety or to protect warning will become a part of the per- the navigable waters, while acting son’s record. under the authority of a credential or (f) Close the case. endorsement; [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as (3) Been convicted of a dangerous amended by USCG-1998–3472, 64 FR 28075, May drug law violation, or has been a user 24, 1999; USCG–2006–24371, 74 FR 11215, Mar. of, or addicted to the use of, a dan- 16, 2009] gerous drug, so as to be subject to the provisions of 46 U.S.C. 7704. § 5.107 Service of complaints. (b) In order to promote full disclosure (a) When the investigating officer de- and facilitate determinations as to the termines that an S&R proceeding is ap- cause of marine casualties, no admis- propriate, he or she shall prepare and sion made by a person during an inves- serve a complaint in accordance with tigation under this part or part 4 of 33 CFR part 20. this title may be used against that per- (b) When the investigating officer son in a proceeding under this part, ex- serves the complaint, he or she shall cept for impeachment. also advise the respondent— [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as (1) Of the nature of S&R proceedings amended by USCG–2006–24371, 74 FR 11215, and their possible results; Mar. 16, 2009] (2) Of the right to be represented at the hearing by another person, who § 5.103 Powers of investigating officer. may, but need not, be a lawyer; During an investigation, the inves- (3) Of the right to obtain witnesses, tigating officer may administer oaths, records, and other evidence by sub- issue subpoenas in accordance with poena; and subpart F of this title, and require per- (4) That failure or refusal to answer sons having knowledge of the subject the complaint or to appear at the time, matter of the investigation to answer date, and place specified for the hear- questions. ing may result in a finding of default, which will constitute an admission of the facts alleged in the complaint and

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the waiver of his or her right to a hear- ered as a result of a Federal, State, or ing. local government investigation. [USCG-1998–3472, 64 FR 28075, May 24, 1999] (d) Where the conditions of paragraphs (b) and (c) of this section are Subpart E—Deposit or Surrender of not met, the holder may only surrender such credential or endorsement in ac- Coast Guard Credential or En- cordance with § 5.203. dorsement [CGD 84–099, 52 FR 47535, Dec. 14, 1987, as § 5.201 Voluntary deposits in event of amended by USCG–2006–24371, 74 FR 11215, mental or physical incompetence. Mar. 16, 2009] (a) A holder may deposit a credential or endorsement with the Coast Guard § 5.203 Voluntary surrender to avoid in any case where there is evidence of hearing. mental or physical incompetence. A (a) Any holder may surrender a cre- voluntary deposit is accepted on the dential or endorsement to the Coast basis of a written agreement, the origi- Guard in preference to appearing at a nal of which will be given to the hold- hearing. er, which specifies the conditions upon (b) A holder voluntarily surrendering which the Coast Guard will return the a credential or endorsement shall sign credential or endorsement to the hold- a written statement containing the er. stipulations that: (b) Where the mental or physical in- (1) The surrender is made voluntarily competence of a holder of a credential in preference to appearing at a hearing; or endorsement is caused by use of or (2) All rights to the credential or en- addiction to dangerous drugs, a vol- dorsement surrendered are perma- untary deposit will only be accepted nently relinquished; and, contingent on the following circumstances: (3) Any rights with respect to a hear- (1) The holder is enrolled in a bona ing are waived. fide drug abuse rehabilitation program; (c) A voluntary surrender of a creden- (2) The holder’s incompetence did not tial or endorsement to an investigating cause or contribute to a marine cas- officer in preference to appearing at a ualty, hearing is not to be accepted by an in- (3) The incompetence was reported to vestigating officer unless the inves- the Coast Guard by the individual or tigating officer is convinced that the any other person and was not discov- holder fully realizes the effect of such ered as a result of a Federal, State or surrender. local government investigation; and [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as (4) The holder has not voluntarily de- amended by USCG–2006–24371, 74 FR 11215, posited or surrendered a credential or Mar. 16, 2009] endorsement, or had a credential or endorsement revoked for a drug related § 5.205 Return or issuance of a creden- offense on a prior occasion. tial or endorsement. (c) Where the mental or physical in- (a) A person may request the return competence of a holder of a credential of a voluntarily deposited credential or or endorsement is caused by use or addiction to alcohol, a voluntary deposit endorsement at any time, provided he will only be accepted contingent on the or she can demonstrate a satisfactory following circumstances: rehabilitation or cure of the condition (1) The holder is enrolled in a bona which caused the incompetence; has fide alcohol abuse rehabilitation pro- complied with any other conditions of gram; the written agreement executed at the (2) The holder’s incompetence did not time of deposit; and complies with the cause or contribute to a marine cas- physical and professional requirements ualty; and for issuance of a credential or endorse- (3) The incompetence was reported to ment. the Coast Guard by the individual or (b) Where the voluntary deposit is any other person and was not discov- based on incompetence due to drug

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abuse, the deposit agreement shall pro- mony by witnesses or for the produc- vide that the credential or endorse- tion of books, papers, documents, or ment will not be returned until the any other relevant evidence. person: (1) Successfully completes a bona fide § 5.303 Service of subpoenas on behalf drug abuse rehabilitation program; of the respondent. (2) Demonstrates complete non-asso- Service of subpoenas issued on behalf ciation with dangerous drugs for a min- of the respondent is the responsibility imum of six months after completion of the respondent. However, if the Ad- of the rehabilitation program; and ministrative Law Judge finds that the (3) Is actively participating in a bona respondent or respondent’s counsel is fide drug abuse monitoring program. physically unable to effect the service, (c) Where the voluntary deposit is despite diligent and bona fide attempts based on incompetence due to alcohol to do so, and if the Administrative Law abuse, the deposit agreement shall pro- Judge further finds that the existing vide that the credential or endorse- impediment to the service of the sub- ment will not be returned until the poena is peculiarly within the author- person: ity of the Coast Guard to overcome, (1) Successfully completes a bona fide the Administrative Law Judge will alcohol abuse rehabilitation program; have the subpoena delivered to an in- and vestigating officer participating in the (2) Is actively participating in a bona case for the purpose of effecting serv- fide alcohol abuse monitoring program. ice. (d) The voluntary surrender of a credential or endorsement is the equiva- § 5.305 Quashing a subpoena. lent of revocation of such papers. A holder who voluntarily surrenders a Any person subpoenaed to appear to credential or endorsement must com- produce evidence at a hearing may re- ply with provisions of §§ 5.901 and 5.903 quest that the subpoena be quashed or when applying for the issuance of a modified using the procedures in 33 new credential or endorsement. CFR 20.609. [CGD 84–099, 52 FR 47535, Dec. 14, 1987, as [USCG-1998–3472, 64 FR 28075, May 24, 1999] amended by USCG–2006–24371, 74 FR 11215, Mar. 16, 2009] § 5.307 Enforcement. Upon application and for good cause Subpart F—Subpoenas shown, or upon its own initiative, the Coast Guard will seek judicial enforce- § 5.301 Issuance of subpoenas. ment of subpoenas issued by inves- (a) Every subpoena shall command tigating officers or Administrative Law the person to whom it is directed to ap- Judges. This is done by making appli- pear at a specified time and place to cation to the United States District give testimony or to produce books, pa- Court, through the office of the appro- pers, documents, or any other evidence, priate U.S. Attorney, to issue an order which shall be described with such par- compelling the attendance of, and/or ticularity as necessary to identify giving of testimony by, witnesses, or what is desired. for the production of books, papers, (b) The investigating officer may documents, or any other relevant evi- issue subpoenas for the attendance of dence. witnesses or for the production of books, papers, documents, or any other § 5.309 Proof of service. relevant evidence needed by the inves- (a) The person serving a subpoena tigating officer or by the respondent. shall make a written statement setting (c) After charges have been served forth the date, time and manner of upon the respondent the Administra- service and shall return such report tive Law Judge may, either on the Ad- with or on a copy of the subpoena to ministrative Law Judge’s own motion the investigating officer or Adminis- or the motion of the investigating offi- trative Law Judge who issued it. In cer or respondent, issue subpoenas for case of failure to make service of a sub- the attendance and the giving of testi- poena, the person assigned to serve

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such subpoena shall make a written requirements in the APA, the rules in statement setting forth the reasons the this part, and the rules of administra- subpoena was not served. The state- tive practice at 33 CFR part 20. The ment should be placed on the subpoena ALJ shall regulate and conduct the or attached to it and returned to the hearing so as to bring out all the rel- investigating office or Administrative evant and material facts and to ensure Law Judge who issued the subpoena. a fair and impartial hearing. (b) When service of a subpoena is [USCG-1998–3472, 64 FR 28075, May 24, 1999, as made by certified mail with return re- amended by USCG–2006–24371, 74 FR 11215, ceipt to be signed by the addressee Mar. 16, 2009] only, the person mailing the subpoena shall make a written statement on a § 5.521 Verification of credential or en- copy of the subpoena or attached to it, dorsement. setting forth the date, time and loca- (a) The Administrative Law Judge tion of the post office where mailed, shall require the respondent to produce the post office number assigned there- and present at the opening of the hear- to. If delivered, the receipt requested ing, and on each day the hearing is in shall be returned, by the person receiv- session thereafter, all valid credentials ing the receipt, to the investigating of- issued by the Coast Guard to the re- ficer or Administrative Law Judge who spondent. In the event that the reissued the subpoena. In case the sub- spondent alleges that credential has poena is not delivered, any information been lost, misplaced, stolen, destroyed, reported by the post office regarding or is otherwise beyond his ability to non-delivery shall be given to the in- produce, the respondent shall execute a vestigating officer or Administrative lost document affidavit (Form CG- Law Judge who issued the subpoena. 4363). The Administrative Law Judge shall warn the respondent that a will- Subpart G—Witness Fees ful misstatement of any material item in such affidavit is punishable as a vio- § 5.401 Payment of witness fees and al- lation of a Federal criminal statute. lowances. (See 18 U.S.C. 1001). (a) Duly subpoenaed witnesses, other (b) When a hearing is continued or than Federal government employees, delayed, the Administrative Law Judge may apply for payment of their attend- returns the credential to the respond- ance as witnesses at an investigation ent: unless a prima facie case has been or hearing conducted pursuant to this established that the respondent compart by submitting a request for pay- mitted an act or offense which shows ment (Standard Form 1157) accom- that the respondent’s service on a ves- panied by any necessary receipts. sel would constitute a definite danger (b) Fees and allowances will be paid to public health, interest or safety at as provided by 28 U.S.C. 1821, except sea. that a person called to testify as an ex- [CGD82–002, 50 FR 32184, Aug. 9, 1985, as pert witness may be paid a higher fee amended by CGD 97–057, 62 FR 51042, Sept. 30, to be fixed by the District Commander. 1997; USCG–2006–24371, 74 FR 11215, Mar. 16, 2009] [CGD 82–002, 50 FR 32184, Aug. 9, 1985; 50 FR 35228, Aug. 30, 1985] § 5.567 Order. (a) The Administrative Law Judge Subpart H—Hearings enters an order which recites the disposition of the case. When the finding § 5.501 General. is not proved, the Administrative Law A hearing concerning the suspension Judge issues an order dismissing the or revocation of a merchant mariner’s proceeding with or without prejudice credential or endorsement is a formal to refile. When the finding is proved, adjudication under the Administrative the Administrative Law Judge may Procedure Act (APA) (5 U.S.C. 551, et order an admonition, suspension with or seq.). It is presided over by, and con- without probation, or revocation. ducted under the exclusive control of, (b) The order is directed against all an ALJ in accordance with applicable credentials or endorsements, except

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that in cases of negligence or profes- (b) Except for acts or offenses for sional incompetence, the order is made which revocation is mandatory, factors applicable to specific credentials or en- which may affect the order include: dorsements. If the Administrative Law (1) Remedial actions which have been Judge determines that the respondent undertaken independently by the re- is professionally incompetent in the spondent; grade of the license, certificate or doc- (2) Prior record of the respondent, ument held, but is considered com- considering the period of time between petent in a lower grade, the credential prior acts and the act or offense for or endorsement may be revoked and which presently charged is relevant; the issuance of one of a lower grade or- and dered. (3) Evidence of mitigation or aggra- (c) An order must specify whether vation. the credential or endorsement affected (c) After an order of revocation is en- is: tered, the respondent will be given an (1) Revoked; opportunity to present relevant mate- (2) Suspended outright for a specified rial on the record for subsequent con- period after surrender; sideration by the special board con- (3) Suspended for a specified period, vened in the event an application is but placed on probation for a specific filed in accordance with subpart L of period; or this part. (d) Table 5.569 is for the information (4) Suspended outright for a specified and guidance of Administrative Law period, followed by a specified period of Judges and is intended to promote uni- suspension on probation. formity in orders rendered. This table (d) The order will normally state, should not affect the fair and impartial that the credential or endorsement is to be adjudication of each case on its indi- surrendered to the Coast Guard imme- vidual facts and merits. The orders are diately, if the order is one of revocation expressed by a range, in months of out- or includes a period of outright suspen- right suspension, considered appro- sion. In cases involving special cir- priate for the particular act or offense cumstances, the order may provide for prior to considering matters in mitiga- surrender on a certain date. tion or aggravation. For instance, (e) The time of any period of outright without considering other factors, a pe- suspension ordered does not commence riod of two to four months outright until the credential or endorsement is suspension is considered appropriate surrendered to the Coast Guard. The for failure to obey a master’s written in- time of any period of suspension on structions. An order within the range probation begins at the end of any pe- would not be considered excessive. riod of outright suspension or the effec- Mitigating or aggravating factors may tive date of the order if there is no out- make an order greater or less than the right suspension. given range appropriate. Orders for re- [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as peat offenders will ordinarily be great- amended by USCG-1998–3472, 64 FR 28075, May er than those specified. 24, 1999; USCG–2006–24371, 74 FR 11215, Mar. 16, 2009] TABLE 5.569—SUGGESTED RANGE OF AN APPROPRIATE ORDER § 5.569 Selection of an appropriate Range of order (in order. Type of offense months) (a) This section addresses orders in a Misconduct: general manner. The selection of an ap- Failure to obey master’s/ 1–3. propriate order is the responsibility of ship officer’s order. the Administrative Law Judge, subject Failure to comply with U.S. 1–3. law or regulations. to appeal and review. The investigating Possession of intoxicating 1–4. officer and the respondent may suggest liquor. an order and present argument in sup- Failure to obey master’s 2–4. port of this suggestion during the pres- written instruction. Improper performance of 2–5. entation of aggravating or mitigating duties related to vessel evidence. safety.

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TABLE 5.569—SUGGESTED RANGEOFAN § 5.707 Stay of effect of decision and APPROPRIATE ORDER—Continued order of Administrative Law Judge on appeal to the Commandant; tem- Range of order (in porary credential or endorsement. Type of offense months) (a) A person who has appealed from a Failure to join vessel (re- 2–6. decision suspending outright or revok- quired crew member). Violent acts against other 2–6. ing a credential or endorsement, except persons (without injury). for revocation resulting from an of- Failure to perform duties re- 3–6. fense enumerated in § 5.59, may file a lated to vessel safety. written request for a temporary cre- Theft ...... 3–6. Violent acts against other 4-Revocation. dential or endorsement. This request persons (injury). must be submitted to the Administra- Use, possession, or sale of Revocation (Note: see tive Law Judge who presided over the dangerous drugs. § 5.59). case, or to any Officer in Charge, Ma- Negligence: Negligently performing du- 2–6. rine Inspection for forwarding to the ties related to vessel navi- Administrative Law Judge. gation. (b) Action on the request is taken by Negligently performing non- 1–3. the ALJ unless the hearing transcript navigational duties related to vessel safety. has been forwarded to the Com- Neglect of vessel navigation 3–6. mandant, in which case, the Com- duties. mandant will make the final action. Neglect of non-navigational 2–4. (c) A determination as to the request safety related duties. Incompetence ...... The only proper order for will take into consideration whether a charge of incom- the service of the individual is compat- petence found proved is ible with the requirements for safety at revocation. sea and consistent with applicable Violation of Regulation: Refusal to take chemical 12–24 laws. If one of the offenses enumerated drug test. in § 5.61(a) has been found proved, the Refusal to take required al- 12–24 continued service of the appellant will cohol test. be presumed not compatible with safe- Dangerous drugs (46 U.S.C. The only proper order for 7704). a charge under 46 ty at sea, subject to rebuttal by the ap- U.S.C. 7704 found pellant. A temporary credential or en- proved is revocation. dorsement may be denied for that reason alone. [CGD 82-002, 50 FR 32184, Aug. 9, 1985, as (d) All temporary credentials or en- amended by CGD 86–067, 53 FR 47079, Nov. 21, dorsements will provide that they ex- 1989; USCG-2000–7759, 66 FR 42967, Aug. 16, pire not more than six months after 2001] issuance or upon service of the Com- mandant’s decision on appeal, which- Subpart I [Reserved] ever occurs first. If a temporary credential or endorsement expires before Subpart J—Appeals the Commandant’s decision is rendered, it may be renewed, if authorized § 5.701 Appeals in general. by the Commandant. A party may appeal the decision of (e) If the request for a temporary cre- an ALJ under the procedures in sub- dential or endorsement is denied by the part J of 33 CFR part 20. A party may Administrative Law Judge, the indi- appeal only the following issues: vidual may appeal the denial, in writing, to the Commandant within 30 days (a) Whether each finding of fact rests after notification of such denial. Any on substantial evidence. decision by the Commandant to deny is (b) Whether each conclusion of law the final agency action. accords with applicable law, precedent, (f) Copies of the temporary credential and public policy. issued become a part of the record on (c) Whether the ALJ committed any appeal. abuses of discretion. (d) The ALJ’s denial of a motion for [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as his or her disqualification. amended by USCG-2004–18884, 69 FR 58342, Sept. 30, 2004; USCG–2006–24371, 74 FR 11215, [USCG-1998–3472, 64 FR 28075, May 24, 1999] Mar. 16, 2009]

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§ 5.713 Appeals to the National Trans- fenses under § 5.61(a), a temporary cre- portation Safety Board. dential and/or endorsement may be de- (a) The rules of procedure for appeals nied for that reason alone. to the National Transportation Safety (b) A stay of the effect of the Deci- Board from decisions of the Com- sion of the Commandant on Appeal mandant, U.S. Coast Guard, affirming may be granted by the Commandant orders of suspension or revocation of upon application by the respondent credentials or endorsements are in 49 filed with the notice served on the CFR part 825. These rules give the Commandant under 49 CFR 825.5(b). party adversely affected by the Com- (c) An Officer in Charge, Marine In- mandant’s decision 10 days after serv- spection, on presentation of an original ice upon him or his attorney of the stay order, issues a temporary creden- Commandant’s decision to file a notice tial and/or endorsement as specified in of appeal with the Board. the stay order. This credential and/or (b) In all cases under this part which endorsement is effective for not more are appealed to the National Transpor- than six months, renewable until such tation Safety Board under 49 CFR part time as the National Transportation 825, the Chief Counsel of the Coast Safety Board has completed its review. Guard is designated as the representative of the Commandant for service of [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as notices and appearances. Communica- amended by USCG–2006–24371, 74 FR 11215, tions should be addressed to Com- Mar. 16, 2009] mandant (CG–094), U.S. Coast Guard, 2100 2nd St. SW., Stop 7121, Wash- Subpart K—Review of Administra- ington, DC 20593–7121. tive Law Judge’s Decisions in (c) In cases before the National Cases Where Charges Have Transportation Safety Board the Chief Been Found Proved Counsel of the Coast Guard may be represented by others designated of coun- § 5.801 Commandant’s review. sel. Any decision of an Administrative [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as Law Judge, in which there has been a amended by USCG–2006–24371, 74 FR 11215, finding of proved, may be called up for Mar. 16, 2009; USCG–2009–0702, 74 FR 49224, review by the Commandant without Sept. 25, 2009] procedural formality. § 5.715 Stay of effect of Decision of the Commandant on Appeal: Temporary § 5.803 Record for decision on review. credential and/or endorsement The transcript of the hearing, to- pending appeal to National Trans- gether with all papers and exhibits portation Safety Board. filed, shall constitute the record for (a) A Decision of the Commandant on consideration and review. Appeal affirming an order of revocation, except a revocation resulting [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as from an offense enumerated under § 5.59 amended by USCG-2004–18884, 69 FR 58342, Sept. 30, 2004] or suspension that is not placed entirely on probation, which is appealed § 5.805 Action on review. to the National Transportation Safety Board, may be stayed if, in the Com- (a) The Commandant may adopt, in mandant’s opinion, the service of the whole or in part, the findings, conclu- appellant on board a vessel at that sions, and basis therefor stated by the time or for the indefinite future would Administrative Law Judge, may make be compatible with the requirements of entirely new findings on the record, or safety at sea and consistent with appli- may remand the case to the Adminis- cable laws. If one of the offenses enu- trative Law Judge for further pro- merated in § 5.61(a) has been found ceedings. proved, the continued service of the ap- (b) In no case will the review by the pellant will be presumed not compat- Commandant be followed by any order ible with safety at sea, subject to re- increasing the severity of the Adminis- buttal by the appellant; in cases of of- trative Law Judge’s original order.

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(c) The Decision of the Commandant (2) Has demonstrated complete non- on Review, shall be the final agency ac- association with dangerous drugs for a tion in the absence of a remand. minimum of one year following completion of the rehabilitation program [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2004–18884, 69 FR 58342, and; Sept. 30, 2004] (3) Is actively participating in a bona fide drug abuse monitoring program. § 5.807 Commandant’s Decision on Re- (e) For a person whose credential or view. endorsement has been revoked or sur- The Commandant’s Decisions on Re- rendered for offenses related to alcohol view are available for reading purposes abuse, the waiting period may be at Coast Guard Headquarters, at Of- waived by the Commandant upon a fices of District Commanders, Sector showing that the individual has suc- Offices and Marine Inspection Offices. cessfully completed a bona fide alcohol (See 33 CFR subpart 1.10.) abuse rehabilitation program and is ac- [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as tively participating in a bona fide alco- amended byUSCG–2006–25556, 72 FR 36330, hol abuse monitoring program. July 2, 2007] (f) The waivers specified under sub- paragraphs (d) or (e) of this section Subpart L—Issuance of New Cre- may only be granted once to each per- dential or Endorsement After son. Revocation or Surrender [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as amended by CGD 84–099, 52 FR 47535, Dec. 14, § 5.901 Time limitations. 1987; USCG–2006–24371, 74 FR 11215, Mar. 16, (a) Any person whose credential or 2009] endorsement has been revoked or surrendered for one or more of the offenses § 5.903 Application procedures. described in § 5.59 and § 5.61(a) may, (a) An application form for a new cre- three years after compliance with the dential or endorsement may be ob- Administrative Law Judge’s decision tained from any Officer in Charge, Ma- and order or the date of voluntary sur- rine Inspection. render, apply for the issuance of a new (b) The completed application and credential or endorsement. letter must be addressed to the Com- (b) The three year time period may mandant, U.S. Coast Guard, 2100 2nd be waived by the Commandant upon a St. SW., Stop 7121, Washington, DC showing by the individual that, since 20593–7121, and must be delivered in the occurrence upon which the revoca- person to the nearest Officer in Charge, tion or surrender was based, the indi- Marine Inspection. vidual has demonstrated his good char- (c) The letter is an informal request acter in the community for a period ex- for the issuance of a new credential or ceeding three years. endorsement and should include the (c) Any person whose credential or following: endorsement has been revoked or surrendered for one or more offenses (1) A letter from each employer dur- which are not specifically described in ing the last three years attesting to §§ 5.59 or 5.61(a) may, after one year, the individual’s work record; apply for the issuance of a new creden- (2) Information supportive of reha- tial or endorsement. bilitation or cure when the credential (d) For a person whose credential or or endorsement was revoked because of endorsement has been revoked or sur- incompetency or association with dan- rendered for the wrongful simple pos- gerous drugs; and session or use of dangerous drugs, the (3) Any other information which may three year time period may be waived be helpful in arriving at a determina- by the Commandant upon a showing tion in the matter. that the individual: (d) The Officer in Charge, Marine In- (1) Has successfully completed a bona spection, forwards the letter and appli- fide drug abuse rehabilitation program; cation, together with an evaluation

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and recommendation, to the Com- published in 33 CFR chapter I or in this mandant. chapter, to the extent and in the man- [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as ner and upon the terms and conditions amended by USCG–2006–24371, 74 FR 11215, as set forth in this section. Mar. 16, 2009; USCG–2009–0702, 74 FR 49224, (b) An application requesting that a Sept. 25, 2009] waiver be made effective, with respect to a particular vessel, may be made by § 5.905 Commandant’s decision on application. any authorized representative of an agency of the United States Govern- (a) The applicant’s letter and appli- ment or any other interested person cation form, as well as the evaluation (including the master, agent, or owner and recommendation, are referred to a special board appointed by the Com- of the vessel involved). Except as pro- mandant. The board examines all the vided in paragraph (d) of this section, material submitted with the applica- the application shall be in writing. The tion and such other information as application shall be delivered to the may, in the judgment of the board, be Coast Guard District Commander or to considered appropriate. The board shall his designated representative at the submit its findings and recommenda- port or place where the vessel is lo- tion to the Commandant. cated. In the case of a vessel in any for- (b) The Commandant shall determine eign port or place, the application shall whether or not a new credential or en- be made to the designated representa- dorsement will be issued. The applicant tive of the Commandant at such port will be notified by letter of such deter- or place, or if the Coast Guard has not mination. established facilities in such port or [CGD 82–002, 50 FR 32184, Aug. 9, 1985, as place, to the nearest designated rep- amended by USCG–2006–24371, 74 FR 11215, resentative of the Commandant at a Mar. 16, 2009] port or place where such facilities have been established. Every application PART 6—WAIVERS OF NAVIGATION shall contain a statement of the par- AND VESSEL INSPECTION LAWS ticular provisions of law with respect AND REGULATIONS 1 to which waiver of compliance is requested, a certification that the waiver Sec. of compliance with such laws with re- 6.01 Procedures for effecting individual spect to the vessel involved is nec- waivers of navigation and vessel inspection laws and regulations. essary in the interest of national de- 6.04 Vessels requisitioned by the United fense and, an outline of the facts upon States for emergency evacuation. which such certification is based. The 6.06 Vessels operated by or chartered to Coast Guard District Commander (or Military Sealift Command. his designated representative or the 6.07 Chronological record of seaman’s previous employment. designated representative of the Com- mandant, as the case may be) shall AUTHORITY: Act Dec. 27, 1950, Ch. 1155, secs. promptly examine every application 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. note prec. 1); Department of Homeland Security for the purpose of determining whether Delegation No. 0170.1. the necessity for prompt action is such as to require that the waiver be made § 6.01 Procedures for effecting indi- effective by him without reference to vidual waivers of navigation and the Commandant. In any case in which vessel inspection laws and regulations. it appears to the Coast Guard officer concerned that reference of the appli- (a) It is hereby found necessary in cation to the Commandant for action the interest of national defense to would not delay the sailing of the ves- waive compliance with the navigation sel or otherwise be contrary to the in- and vessel inspection laws adminis- terest of national defense, the applica- tered by the Coast Guard, as well as the regulations issued thereunder and tion shall be so referred. In all other cases, such Coast Guard officer shall give immediate consideration to the 1 This is also codified in 33 CFR part 19.

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application and if he reaches the con- § 6.04 Vessels requisitioned by the clusion that the urgency of the situa- United States for emergency evacu- tion outweighs the marine hazard ination. volved, then such waiver shall be made Pursuant to the request of the Acting effective in regard to such vessel to the Secretary of Defense, dated November extent and under the circumstances 21, 1951, made under the provisions of specified by him. section 1 of Public Law 891, 81st Con- (c) The Coast Guard officer making gress, approved December 27, 1950, com- such a waiver effective pursuant to pliance with the provisions of the navi- paragraph (b) of this section shall im- gation and vessel inspection laws ad- mediately prepare, in triplicate, an ministered by the United States Coast order setting forth the name of the ves- Guard is hereby waived, as well as the sel involved, the laws (also regulations, regulations issued thereunder and pub- if any) with respect to which the waiv- lished in 33 CFR chapter I or in this er is effective, the extent to which chapter, to the extent necessary to per- compliance with such laws (also regu- mit the operation of vessels which lations, if any) is waived, and the pe- might be requisitioned by the United riod for which the waiver shall be effec- States for the purpose of emergency tive. If practicable, one copy of this evacuation. order shall be delivered to the master [CGFR 51–61, 16 FR 12792, Dec. 20, 1951. Redes- of the vessel involved before such ves- ignated by CGFR 69–123, 34 FR 19076, Dec. 2, sel sails. In any case where the order is 1969] not delivered to the master, it shall be delivered to the owner, operator, or § 6.06 Vessels operated by or chartered to Military Sealift Command. agent of the vessel without delay. One copy of the order shall be transmitted (a) Pursuant to the request of the to the Commandant and the remaining Deputy Secretary of Defense, dated Au- copy kept on file. gust 6, 1958, and to the request of the (d) In any case of extreme urgency Assistant Secretary of Defense, Instal- lations and Logistics, dated May 23, the application for a waiver may be 1964, made under the provisions of sec- made orally, and if the Coast Guard tion 1 of Public Law 891, 81st Congress, District Commander (or his designated approved December 27, 1950 (64 Stat. representative or the designated rep- 1120; 46 U.S.C., note preceding section resentative of the Commandant, as the 1), and their findings that a waiver is case may be) reaches the conclusion re- necessary in the interest of national ferred to in paragraph (b) of this sec- defense, compliance with the provi- tion, the waiver shall be made effective sions of the navigation and vessel in- without further delay, subject to the spection laws administered by the condition that the application be re- United States Coast Guard, as well as duced to writing and delivered within the regulations issued thereunder and such period after the date of the oral contained in 33 CFR chapter I, or in request as the Coast Guard officer this chapter, is hereby waived to the making the waiver effective shall extent and upon the terms and condi- specify in the order. tions as set forth in this section, in (e) No penalty shall be imposed be- order to permit vessels operated by or cause of failure to comply with any chartered to the Military Sealift Com- provision of law (or regulation, if any), mand to carry out their assigned mis- the waiver of which has been made ef- sions. fective pursuant to the requirements in (b) An application requesting that this section. this waiver be made effective with respect to a particular vessel may be [CGFR 51–10, 16 FR 1959, Mar. 1, 1951. Redes- made by the Commander, Military Sea- ignated by CGFR 69–123, 34 FR 19076, Dec. 2, lift Command, or any one of his duly 1969; CGD 96–041, 61 FR 50726, Sept. 27, 1996; designated representatives. Except as USCG-2004–18884, 69 FR 58342, Sept. 30, 2004] provided in paragraph (e) of this section, the application shall be in writing. The application shall be delivered

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to the Coast Guard District Com- his duly designated representative, who mander or to his designated represent- submitted the application. One copy of ative at the port or place where the the waiver order shall be transmitted vessel is located. In the case of a vessel to the Commandant (G-MOC) and the in any foreign port or place, the appli- remaining copy kept on file. cation shall be made to the designated (e) In any case of extreme urgency, representative of the Commandant at the application for a waiver order may such port or place, or if the Coast be made orally and if the Coast Guard Guard has not established facilities in District Commander (or his designated such port or place, to the nearest des- representative, or the designated rep- ignated representative of the Com- resentative of the Commandant, or the mandant at a port or place where such Commandant, as the case may be), de- facilities have been established, or to the Commandant (CG–543), U.S. Coast termines that the conditions in this Guard, 2100 2nd St. SW., Stop 7581, section have been met, the waiver Washington, DC 20593–7581. Every appli- order shall be made effective without cation shall: further delay, subject to the condition (1) Describe the laws and/or regula- that the application be reduced to writ- tions by appropriate references and/or ing and delivered within such period subjects with respect to which the after the date of the oral request as the waiver of compliance is desired; Coast Guard officer making the waiver (2) Contain a certification that the effective shall specify in the con- waiver of compliance with such laws firming written waiver order. and/or regulations with respect to the (f) No penalty shall be imposed be- vessel involved is necessary in the in- cause of failure to comply with any terest of national defense and is nec- provision of law and/or regulation, the essary for the Military Sea Transpor- waiver of which has been made effec- tation Service to carry out an assigned tive pursuant to the requirements of mission; this section. (3) The name and official number of (g) This waiver order shall remain in the vessel involved (including the effect until terminated by proper au- names of master, agent, and owner of thority and notice of cancellation is the vessel involved); and, published in the FEDERAL REGISTER. (4) For how long the waiver is needed. (c) The Coast Guard officer making [CGFR 64–86, 30 FR 89, Jan. 6, 1965. Redesig- the waiver in paragraph (a) of this sec- nated by CGFR 69–123, 34 FR 19076, Dec. 2, tion, effective for a particular vessel, 1969, and amended by CGD 88–070, 53 FR 34533, shall immediately prepare, in quadru- Sept. 7, 1988; CGD 88–070, 54 FR 3038, Jan. 23, plicate, an order setting forth: 1989; CGD 95–072, 60 FR 50459, Sept. 29, 1995; (1) The name and official number of CGD 96–041, 61 FR 50726, Sept. 27, 1996; USCG- the vessel involved; 2004–18884, 69 FR 58342, Sept. 30, 2004; USCG– (2) The laws and/or regulations with 2009–0702, 74 FR 49224, Sept. 25, 2009] respect to which the waiver is effec- § 6.07 Chronological record of sea- tive; man’s previous employment. (3) The extent to which compliance with such laws and/or regulations is (a) Compliance is hereby waived with waived; and, regard to the provisions of 46 U.S.C. (4) The period for which the waiver 10311(c), to the extent necessary to per- shall be effective. mit the Commandant of the United (d) If practicable, one copy of this States Coast Guard to issue a chrono- waiver order shall be delivered to the logical record of a seaman’s previous master of the vessel involved before employment on a single document, in such vessel sails. In any case where the lieu of making individual entry in a du- waiver order is not delivered to the plicate continuous discharge book or master, it shall be delivered to the furnishing individual certificates of owner, operator, or agent of the vessel discharge. without delay. One copy of the waiver (b) It is hereby found that the order shall be delivered to the Com- waiving of the provisions of 46 U.S.C. mander, Military Sealift Command, or

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10311(c), is necessary in the interest of 7.145 Strait of Juan de Fuca, Haro Strait national defense. and Strait of Georgia, WA. [CGFR 51–9, 16 FR 1830, Feb. 27, 1951, as ALASKA amended by CGFR 59–4a, 24 FR 3055, Apr. 21, 7.150 Canadian (BC) and United States (AK) 1959. Redesignated by CGFR 69–123, 34 FR Borders to Cape Spencer, AK. 19076, Dec. 2, 1969, as amended by CGD 95–028, 7.155 Cape Spencer, AK to Cape St. Elias, 62 FR 51195, Sept. 30, 1997] AK. 7.160 Point Whitshed, AK to Aialik Cape, PART 7—BOUNDARY LINES AK. 7.165 Kenai Peninsula, AK to Kodiak Island, GENERAL AK. 7.170 Alaska Peninsula, AK to Aleutian Is- Sec. lands, AK. 7.1 General purpose of boundary lines. 7.175 Alaska Peninsula, AK to Nunivak, AK. 7.5 Rules for establishing boundary lines. 7.180 Kotzebue Sound, AK.

ATLANTIC COAST AUTHORITY: 14 U.S.C. 633; 33 U.S.C. 151, 1222; 7.10 Eastport, ME to Cape Ann, MA. Department of Homeland Security Delega- 7.15 Massachusetts Bay, MA. tion No. 0170.1. 7.20 Nantucket Sound, Vineyard Sound, SOURCE: CGD 81–058, 50 FR 25230, June 18, Buzzards Bay, Narragansett Bay, MA, 1985, unless otherwise noted. Block Island Sound and easterly entrance to Long Island Sound, NY. GENERAL 7.25 Montauk Point, NY to Atlantic Beach, NY. § 7.1 General purpose of boundary 7.30 New York Harbor, NY. 7.35 Sandy Hook, NJ to Cape May, NJ. lines. 7.40 Delaware Bay and tributaries. The lines in this part delineate the 7.45 Cape Henlopen, DE to Cape Charles, application of the following U.S. stat- VA. utes: 33 U.S.C. 152 relating to the 7.50 Chesapeake Bay and tributaries. length of towing hawsers; 33 U.S.C. 1201 7.55 Cape Henry, VA to Cape Fear, NC. 7.60 Cape Fear, NC to Sullivans Island, SC. et seq., the Vessel Bridge-to-Bridge Ra- 7.65 Charleston Harbor, SC. diotelephone Act; 46 U.S.C. 5102(b)(6), 7.70 Folly Island, SC to Hilton Head Island, which exempt from load line require- SC. ments certain vessels on domestic voy- 7.75 Savannah River/Tybee Roads. ages; 46 U.S.C. 3301(6) requiring the in- 7.80 Tybee Island, GA to St. Simons Island, spection of seagoing barges which are GA. defined in 46 U.S.C. 2101(32); 46 U.S.C. 7.85 St. Simons Island, GA to Little Talbot Island, FL. 3301(7) requiring the inspection of sea- 7.90 St. Johns River, FL. going motor vessels which are defined 7.95 St. Johns Point, FL to Miami Beach, in 46 U.S.C. 2101(33); 46 U.S.C. 3302(d) FL. which exempts from inspection re- 7.100 Florida Reefs and Keys from Miami, quirements certain vessels under 150 FL to Marquesas Keys, FL. gross tons that operate within the wa- GULF COAST ters of southeastern Alaska and the State of Washington; and 46 U.S.C. 8304, 7.105 Marquesas Keys, FL to Rio Grande, ‘‘Implementing the Officers’ Com- TX. petency Certificates Convention, 1936.’’ HAWAII [CGD 81–058, 50 FR 25230, June 18, 1985, as 7.110 Mamala Bay, HI. amended by CGD 95–028, 62 FR 51195, Sept. 30, 1997; USCG-1998–4442, 63 FR 52188, Sept. 30, PACIFIC COAST 1998] 7.115 Santa Catalina Island, CA. 7.120 Mexican/United States border to Point § 7.5 Rules for establishing boundary Fermin, CA. lines. 7.125 Point Vincente, CA to Point Concep- (a) For application of the Vessel tion, CA. Bridge-to-Bridge Radiotelephone Act, 7.130 Point Conception, CA to Point Sur, CA. 33 U.S.C. 1201 et seq., the line is 12 nau- 7.135 Point Sur, CA to Cape Blanco, OR. tical miles seaward of the baseline 7.140 Cape Blanco, OR to Cape Flattery, from which the territorial sea is meas- WA. ured.

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(b) Barges of 100 gross tons and over § 7.20 Nantucket Sound, Vineyard operating on the sheltered waters of Sound, Buzzards Bay, Narragansett British Columbia as defined in the Bay, MA, Block Island Sound and United States-Canada treaty of 1933 (49 easterly entrance to Long Island Sound, NY. Stat. 2685, TS 869) are not required to be inspected as seagoing barges under (a) A line drawn from Chatham Light 46 U.S.C. 3301. to latitude 41°36.1′ N. longitude 69°51.1′ (c) Except as otherwise described in W. (Pollack Rip Entrance Lighted Horn ° ′ this part, Boundary Lines are lines Buoy ‘‘PR’’); thence to latitude 41 26.0 N. longitude 69°46.2′ W. (Great Round drawn following the general trend of Shoal Channel Lighted Buoy ‘‘2’’); the seaward, highwater shorelines and thence to Sankaty Head Light. lines continuing the general trend of (b) A line drawn from the western- the seaward, highwater shorelines most extremity of Nantucket Island to across entrances to small bays, inlets the southwesternmost extremity of and rivers. Wasque Point, Chappaquiddick Island. [CGD 81–058, 50 FR 25230, June 18, 1985, as (c) A line drawn from Gay Head Light amended by USCG-2001–9044, 68 FR 42602, to Block Island Southeast Light; July 18, 2003] thence to Montauk Point Light on the easterly end of Long Island. ATLANTIC COAST § 7.25 Montauk Point, NY to Atlantic § 7.10 Eastport, ME to Cape Ann, MA. Beach, NY. (a) A line drawn from the eastern- (a) A line drawn from Shinnecock most extremity of Kendall Head to East Breakwater Light to Shinnecock latitude 44°54′45″ N. longitude 66°58′30″ West Breakwater Light. W.; thence to the range marker located (b) A line drawn from Moriches Inlet East Breakwater Light to Moriches in approximate position latitude Inlet West Breakwater Light. 44°51′45″ N. longitude 66°59″ W. (c) A line drawn from Fire Island (b) A line drawn from West Quoddy Inlet Breakwater Light 348° true to the ° ′ Head Light to latitude 44 48.5 N. lon- southernmost extremity of the spit of gitude 66°56.4′ W. (Sail Rock Lighted land at the western end of Oak Beach. Whistle Buoy ‘‘1’’); thence to latitude (d) A line drawn from Jones Inlet 44°37.5′ N. longitude 67°09.8′ W. (Little Light 322° true across the southwest River Lighted Whistle Buoy ‘‘2LR’’); tangent of the island on the north side thence to latitude 44°14.5′ N. longitude of Jones Inlet to the shoreline. 67°57.2′ W. (Frenchman Bay Approach Lighted Whistle Buoy ‘‘FB’’); thence to § 7.30 New York Harbor, NY. Mount Desert Light; thence to A line drawn from East Rockaway Matinicus Rock Light; thence to Inlet Breakwater Light to Ambrose Monhegan Island Light; thence to lati- Light; thence to Highlands Light tude 43°31.6′ N. longitude 70°05.5′ W. (north tower). (Portland Lighted Horn Buoy ‘‘P’’); thence to Boon Island Light; thence to § 7.35 Sandy Hook, NJ to Cape May, NJ. latitude 42°37.9′ N. longitude 70°31.2′ W. (Cape Ann Lighted Whistle Buoy ‘‘2’’). (a) A line drawn from Shark River Inlet North Breakwater Light ‘‘2’’ to § 7.15 Massachusetts Bay, MA. Shark River Inlet South Breakwater Light ‘‘1’’. A line drawn from latitude 42°37.9′ N. ° ′ (b) A line drawn from Manasquan longitude 70 31.2 W. (Cape Ann Lighted Inlet North Breakwater Light to ° ′ Whistle Buoy ‘‘2’’) to latitude 42 22.7 N. Manasquan Inlet South Breakwater ° ′ longitude 70 47.0 W. (Boston Lighted Light. Horn Buoy ‘‘B’’); thence to Race Point (c) A line drawn along the submerged Light. Barnegat Inlet North Breakwater to Barnegat Inlet North Breakwater Light ‘‘2’’; thence to Barnegat Inlet Light ‘‘5’’; thence along the submerged

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Barnegat Inlet South Breakwater to N. longitude 75°24.9′ W. (Chincoteague shore. Inlet Lighted Bell Buoy ‘‘CI’’); thence (d) A line drawn from the seaward to the tower charted at latitude 37°52.6′ tangent of Long Beach Island to the N. longitude 75°26.7′ W. seaward tangent of Pullen Island (d) A line drawn from the southern- across Beach Haven and Little Egg In- most extremity of Cedar Island to lati- lets. tude 37°34.7′ N. longitude 75°36.0′ W. (e) A line drawn from the seaward (Wachapreague Inlet Entrance Lighted tangent of Pullen Island to the seaward Buoy ‘‘1’’); thence due south to shore at tangent of Brigantine Island across Parramore Beach. Brigantine Inlet. (e) A line drawn from the seaward (f) A line drawn from the seaward ex- tangent of Parramore Beach to the tremity of Absecon Inlet North Jetty lookout tower on the northern end of to Atlantic City Light. Hog Island chartered in approximate (g) A line drawn from the southern- position latitude 37°27.2′ N. longitude most point of Longport at latitude 75°40.5′ W. 39°18.2′ N. longitude 74°32.2′ W. to the northeasternmost point of Ocean City § 7.50 Chesapeake Bay and tributaries. at latitude 39°17.6′ N. longitude 74°33.1′ A line drawn from Cape Charles W. across Great Egg Harbor Inlet. Light to latitude 36°56.8′ N. longitude (h) A line drawn parallel with the 75°55.1′ W. (North Chesapeake Entrance general trend of the seaward, Lighted Gong Buoy ‘‘NCD’’); thence to highwater shoreline across Corson latitude 36°54.8′ N. longitude 75°55.6′ W. Inlet. (Chesapeake Bay Entrance Lighted (i) A line formed by the centerline of Bell Buoy ‘‘CBC’’); thence to latitude the Townsend Inlet Highway Bridge. 36°55.0′ N. longitude 75°58.0′ W. (Cape (j) A line formed by the shoreline of Henry Buoy ‘‘1’’); thence to Cape Henry Seven Mile Beach and Hereford Inlet Light. Light. § 7.55 Cape Henry, VA to Cape Fear, § 7.40 Delaware Bay and tributaries. NC. A line drawn from Cape May Inlet (a) A line drawn from Rudee Inlet East Jetty Light to latitude 38°55.8′ N. Jetty Light ‘‘2’’ to latitude 36°50′ N. longitude 74°51.4′ W. (Cape May Harbor longitude 75°56.7′ W.; thence to Rudee Inlet Lighted Bell Buoy ‘‘2CM’’); Inlet Jetty Light ‘‘1’’. thence to latitude 38°48.9′ N. longitude (b) A line drawn from Bodie Island 75°02.3′ W. (Delaware Bay Entrance Light to latitude 35°49.3′ N. longitude Channel Lighted Buoy ‘‘8’’); thence to 75°31.9′ W.; thence to Oregon Inlet the northernmost extremity of Cape Radiobeacon. Henlopen. (c) A line drawn from Hatteras Inlet Light 255° true to the eastern end of § 7.45 Cape Henlopen, DE to Cape Ocracoke Island. Charles, VA. (d) A line drawn from the western- (a) A line drawn from the easternmost extremity of Ocracoke Island at most extremity of Indian River Inlet latitude 35°04′ N. longitude 76°00.8′ W. North Jetty to latitude 38°36.5′ N. lon- to the northeasternmost extremity of gitude 75°02.8′ W. (Indian River Inlet Portsmouth Island at latitude 35°03.7′ Lighted Gong Buoy ‘‘1’’); thence to In- N. longitude 76°02.3′ W. dian River Inlet South Jetty Light. (e) A line drawn across Drum Inlet (b) A line drawn from Ocean City parallel with the general trend of the Inlet Light ‘‘6’’ to latitude 38°19.4′ N. seaward, highwater shoreline. longitude 75°05.0′ W. (Ocean City Inlet (f) A line drawn from the southern- Entrance Lighted Buoy ‘‘4’’); thence to most extremity of Cape Lookout to latitude 38°19.3′ N. longitude 75°05.1′ W. latitude 34°38.4′ N. longitude 76°40.6′ W.; (Ocean City Inlet Entrance Lighted thence to the seaward extremity of the Buoy ‘‘5’’); thence to the easternmost Beaufort Inlet west jetty. extremity of the south breakwater. (g) A line drawn from the seaward ex- (c) A line drawn from Assateague tremity of Masonboro Inlet north jetty Beach Tower Light to latitude 37°50.2′ to latitude 34°10.3′ N. longitude 77°48.0′

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W.; thence to the beach in approximate Whistle Buoy ‘‘2NE’’); thence to Bot- position latitude 34°10′ N. longitude any Bay Island in approximate position 77°49.4′ W. latitude 32°33.1′ N. longitude 80°12.7′ W. (c) A line drawn from the microwave [CGD 81–058, 50 FR 25230, June 18, 1985, as amended by USCG–2009–0702, 74 FR 49224, antenna tower on Edisto Beach charted Sept. 25, 2009] in approximate position latitude 32°29.3′ N. longitude 80°19.2′ W. across § 7.60 Cape Fear, NC to Sullivans Is- St. Helena Sound to the abandoned land, SC. lighthouse tower on Hunting Island (a) A line drawn from the southern- charted in approximate position lati- ° ′ ° ′ most extremity to Cape Fear to latitude 32 22.5 N. longitude 80 26.5 W. tude 33°49.5′ N. longitude 78°03.7′ W. (d) A line drawn from the abandoned (Cape Fear River Entrance Lighted lighthouse on Hunting Island in ap- ° ′ Bell Buoy ‘‘2CF’’); thence to Oak Island proximate position latitude 32 22.5 N. ° ′ ° ′ Light. longitude 80 26.2 W. to latitude 32 18 ° ′ (b) A line drawn from the southern- N. longitude 80 25 W.; thence to the most extremity of Bird Island at ap- standpipe on Fripp Island in approxi- ° ′ proximate position latitude 33°51.2′ N. mate position latitude 32 19 N. lon- ° ′ longitude 78°32.6′ W. to latitude 33°50.3′ gitude 80 28.7 W. N. longitude 78°32.5′ W. (Little River (e) A line drawn from the western- Inlet Entrance Lighted Whistle Buoy most extremity of Bull Point on Capers ° ′ ‘‘2LR’’); thence to the northeastern- Island to latitude 32 04.8 N. longitude ° ′ most extremity of Waties Island at ap- 80 34.9 W. (Port Royal Sound Lighted proximate position latitude 33°51.2′ N. Whistle Buoy ‘‘2PR’’); thence to the longitude 78°33.6′ W. easternmost extremity of Hilton Head ° ′ ° ′ (c) A line drawn from the seaward ex- at latitude 32 13.2 N. longitude 80 40.1 tremity of Murrells Inlet north jetty to W. ° ′ ° ′ latitude 33 31.5 N. longitude 79 01.6 W. § 7.75 Savannah River/Tybee Roads. (Murrells Inlet Lighted Bell Buoy ‘‘MI’’); thence to Murrells Inlet South A line drawn from the southwestern- Jetty Light. most extremity of Braddock Point to ° ′ ° ′ (d) A line drawn from Georgetown latitude 31 58.3 N. longitude 80 44.1 W. Light to latitude 33°11.6′ N. longitude (Tybee Lighted Whistle Buoy ‘‘T’’); 79°05.4′ W. (Winyah Bay Lighted Bell thence to the southeasternmost ex- Buoy ‘‘2WB’’); thence to the southern- tremity of Little Tybee Island bearing ° most extremity of Sand Island. approximately 269 true.

§ 7.65 Charleston Harbor, SC. § 7.80 Tybee Island, GA to St. Simons Island, GA. A line drawn from Charleston Light (a) A line drawn from the southern- on Sullivans Island to latitude 32°40.7′ most extremity of Savannah Beach on N. longitude 79°42.9′ W. (Charleston Tybee Island 255° true across Tybee Lighted Whistle Buoy ‘‘2C’’); thence to Inlet to the shore of Little Tybee Is- a point on Folly Island at latitude land south of the entrance to Buck 32°41.0′ N. longitude 79°53.2′ W. Hammock Creek. [USCG–2010–0759, 75 FR 60001, Sept. 29, 2010] (b) A line drawn from the southernmost extremity of Little Tybee Island § 7.70 Folly Island, SC to Hilton Head at Beach Hammock to the easternmost Island, SC. extremity of Wassaw Island. (a) A line drawn from the southern- (c) A line drawn from Wassaw Island most extremity of Folly Island to lati- in approximate position latitude tude 32°35′ N. longitude 79°58.2′ W. 31°52.5′ N. longitude 80°58.5′ W. to lati- (Stono Inlet Lighted Whistle Buoy tude 31°48.3′ N. longitude 80°56.8′ W. ‘‘1S’’); thence to Kiawah Island bearing (Ossabaw Sound North Channel Buoy approximately 307° true. ‘‘OS’’); thence to latitude 31°39.3′ N. (b) A line drawn from the southern- longitude 81°02.3′ W. (St. Catherines most extremity of Kiawah Island to Sound Buoy ‘‘St. C.’’); thence to lati- latitude 32°31′ N. longitude 80°07.8′ W. tude 31°31.2′ N. longitude 81°03.8′ W. (North Edisto River Entrance Lighted (Sapelo Sound Buoy ‘‘S’’); thence to

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the easternmost extremity of Black- (e) A line drawn across the seaward beard Island at Northeast Point. extremity of the Sebastian Inlet Jet- (d) A line drawn from the southern- ties. most extremity of Blackbeard Island to (f) A line drawn from the seaward ex- latitude 31°19.4′ N. longitude 81°11.5′ W. tremity of the Fort Pierce Inlet North (Doboy Sound Lighted Buoy ‘‘D’’); Jetty to latitude 27°28.5′ N. longitude thence to latitude 31°04.1′ N. longitude 80°16.2′ W. (Fort Pierce Inlet Lighted 81°16.7′ W. (St. Simons Lighted Whistle Whistle Buoy ‘‘2’’); thence to the tank Buoy ‘‘ST S’’). located in approximate position latitude 27°27.2′ N. longitude 80°17.2′ W. § 7.85 St. Simons Island, GA to Little (g) A line drawn from the seaward ex- Talbot Island, FL. tremity of St. Lucie Inlet north jetty (a) A line drawn from latitude 31°04.1′ to latitude 27°10′ N. longitude 80°08.4′ N. longitude 81°16.7′ W. (St. Simons W. (St. Lucie Inlet Entrance Lighted Lighted Whistle Buoy ‘‘ST S’’) to lati- Whistle Buoy ‘‘2’’); thence to Jupiter tude 30°42.7′ N. longitude 81°19.0′ W. (St. Island bearing approximately 180° true. Mary’s Entrance Lighted Whistle Buoy (h) A line drawn from the seaward ex- ‘‘1’’); thence to Amelia Island Light. tremity of Jupiter Inlet North Jetty to (b) A line drawn from the southern- the northeast extremity of the con- most extremity of Amelia Island to crete apron on the south side of Jupiter latitude 30°29.4′ N. longitude 81°22.9′ W. Inlet. (Nassau Sound Approach Buoy ‘‘6A’’); (i) A line drawn from the seaward ex- thence to the northeasternmost extremity of Lake Worth Inlet North tremity of Little Talbot Island. Jetty to latitude 26°46.4′ N. longitude 80°01.5′ W. (Lake Worth Inlet Lighted § 7.90 St. Johns River, FL. Bell Buoy ‘‘2LW’’); thence to Lake A line drawn from the southeastern- Worth Inlet Lighted Buoy ‘‘3’’; thence most extremity of Little Talbot to the seaward extremity of Lake (Spike) Island to latitude 30°23.8′ N. Worth Inlet South Jetty. longitude 81°20.3′ W. (St. Johns Lighted (j) A line drawn across the seaward Whistle Buoy ‘‘2 STJ’’); thence to St. extremity of the Boynton Inlet Jetties. Johns Light. (k) A line drawn from Boca Raton Inlet North Jetty Light ‘‘2’’ to Boca § 7.95 St. Johns Point, FL to Miami Raton Inlet South Jetty Light ‘‘1’’. Beach, FL. (l) A line drawn from Hillsboro Inlet (a) A line drawn from the seaward ex- Light to Hillsboro Inlet Entrance Light tremity of St. Augustine Inlet north ‘‘2’’; thence to Hillsboro Inlet Entrance jetty to latitude 29°55′ N. longitude Light ‘‘1’’; thence west to the shore- 81°15.3′ W. (St. Augustine Lighted Whis- line. tle Buoy ‘‘ST. A.’’); thence to the sea- (m) A line drawn from the tower lo- ward extremity of St. Augustine Inlet cated in approximate position latitude south jetty. 26°06.9′ N. longitude 80°06.4′ W. to lati- (b) A line formed by the centerline of tude 26°05.5′ N. longitude 80°04.8′ W. the highway bridge over Matanzas (Port Everglades Lighted Whistle Buoy Inlet. ‘‘1’’); thence to the signal tower located (c) A line drawn from the seaward ex- in approximate position latitude tremity of Ponce de Leon Inlet north 26°05.5′ N. longitude 80°06.5′ W. jetty to latitude 29°04.7′ N. longitude (n) A line drawn from the seaward ex- 80°54′ W. (Ponce de Leon Inlet Lighted tremity of Bakers Haulover Inlet north Bell Buoy ‘‘2’’); thence to Ponce de jetty 090° true to longitude 80°07.2′ W.; Leon Inlet Approach Light. thence to the seaward extremity of (d) A line drawn from Canaveral Har- Bakers Haulover Inlet south jetty. bor Approach Channel Range Front Light to latitude 28°23.7′ N. longitude § 7.100 Florida Reefs and Keys from 80°32.2′ W. (Canaveral Bight Wreck Miami, FL to Marquesas Keys, FL. Lighted Buoy ‘‘WR6’’); thence to the (a) A line drawn from the tower lo- radio tower on Canaveral Peninsula in cated in approximate position latitude approximate position latitude 28°22.9′ 25°46.7′ N. longitude 80°08′ W. to lati- N. longitude 80°36.6′ W. tude 25°46.1′ N. longitude 80°05.0′ W.

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(Miami Lighted Whistle Buoy ‘‘M’’); § 7.120 Mexican/United States border thence to Fowey Rocks Light (latitude to Point Fermin, CA. ° ′ ° ′ 25 35.4 N. longitude 80 05.8 W.); thence (a) A line drawn from the southerly ° ′ to Pacific Reef Light (latitude 25 22.3 tower of the Coronado Hotel in approx- ° ′ N. longitude 80 08.5 W.) thence to imate position latitude 32°40.8′ N. lon- ° ′ Carysfort Reef Light (latitude 25 13.3 gitude 117°10.6′ W. to latitude 32°39.1′ N. ° ′ N. longitude 80 12.7 W.); thence to Mo- longitude 117°13.6′ W. (San Diego Bay ° ′ lasses Reef Light ‘‘10’’ (latitude 25 00.7 Channel Lighted Bell Buoy ‘‘5’’); ° ′ N. longitude 80 22.6 W.); thence to Alli- thence to Point Loma Light. ° gator Reef Light (latitude 24 51.1 N. (b) A line drawn from Mission Bay longitude 80°37.1′ W.); thence to Ten- ° ′ South Jetty Light ‘‘2’’ to Mission Bay nessee Reef Light (latitude 24 44.7 N. North Jetty Light ‘‘1’’. longitude 80°46.9′ W.); thence to Som- (c) A line drawn from Oceanside brero Key Light (latitude 24°37.6′ N. South Jetty Light ‘‘4’’ to Oceanside longitude 81°06.6′ W.); thence to Amer- Breakwater Light ‘‘3’’. ican Shoal Light (latitude 24°31.5′ N. (d) A line drawn from Dana Point longitude 81°31.2′ W.); thence to lati- Jetty Light ‘‘6’’ to Dana Point Break- tude 24°27.7′ N. longitude 81°48.1′ W. water Light ‘‘5’’. (Key West Entrance Lighted Whistle Buoy); thence to Cosgrove Shoal Light (e) A line drawn from Newport Bay (latitude 24°27.5′ N. longitude 82°11.2′ East Jetty Light ‘‘4’’ to Newport Bay W.); thence due north to a point 12 West Jetty Light ‘‘3’’. miles from the baseline from which the (f) A line drawn from Anaheim Bay territorial sea is measured in approxi- East Jetty Light ‘‘6’’ to Anaheim Bay mate position latitude 24°47.5′ N. lon- West Jetty Light ‘‘5’’; thence to Long gitude 82°11.2′ W. Beach Breakwater East End Light ‘‘1’’. A line drawn from Long Beach En- GULF COAST trance Light ‘‘2’’ to Long Beach Light. A line drawn from Los Angeles Main § 7.105 Marquesas Keys, FL to Rio Channel Entrance Light ‘‘2’’ to Los An- Grande, TX. geles Light. A line drawn from Marquesas Keys, § 7.125 Point Vincente, CA to Point Florida at approximate position lati- Conception, CA. tude 24°47.5′ N, longitude 82°11.2′ W; along the 12-mile line which marks the (a) A line drawn from Redondo Beach seaward limits of the territorial sea (as East Jetty Light ‘‘2’’ to Redondo Beach defined in 33 CFR 2.22(a)(1)) to Rio West Jetty Light ‘‘3’’. Grande, Texas at approximate position (b) A line drawn from Marina Del Rey latitude 25°58.6′ N, longitude 96°55.5′ W. Light ‘‘4’’ to Marina Del Rey Break- water South Light ‘‘1’’. A line drawn [USCG-2001–9044, 68 FR 42602, July 18, 2003] from Marina Del Rey Breakwater North Light ‘‘2’’ to Marina Del Rey HAWAII Light ‘‘3’’. (c) A line drawn from Port Hueneme § 7.110 Mamala Bay, HI. East Jetty Light ‘‘4’’ to Port Hueneme A line drawn from Barbers Point West Jetty Light ‘‘3’’. Light to Diamond Head Light. (d) A line drawn from Channel Is- lands Harbor South Jetty Light ‘‘2’’ to PACIFIC COAST Channel Islands Harbor Breakwater South Light ‘‘1’’. A line drawn from § 7.115 Santa Catalina Island, CA. Channel Islands Harbor Breakwater (a) A line drawn from the northern- North Light to Channel Islands Harbor most point of Lion Head to the north North Jetty Light ‘‘5’’. tangent of Bird Rock Island; thence to (e) A line drawn from Ventura Ma- the northernmost point of Blue Cavern rina South Jetty Light ‘‘6’’ to Ventura Point. Marina Breakwater South Light ‘‘3’’. A (b) A line drawn from White Rock to line drawn from Ventura Marina the northernmost point of Abalone Breakwater North Light to Ventura Point. Marina North Jetty Light ‘‘7’’.

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(f) A line drawn from Santa Barbara § 7.140 Cape Blanco, OR to Cape Flat- Harbor Light ‘‘4’’ to latitude 34°24.1′ N. tery, WA. longitude 119°40.7′ W. (Santa Barbara (a) A line drawn from the seaward ex- Harbor Lighted Bell Buoy ‘‘1’’); thence tremity of the Coos Bay South Jetty to to Santa Barbara Harbor Breakwater latitude 43°21.9′ N. longitude 124°21.7′ W. Light. (Coos Bay Entrance Lighted Bell Buoy ‘‘1’’); thence to the seaward extremity § 7.130 Point Conception, CA to Point of the Coos Bay North Jetty. Sur, CA. (b) A line drawn from the lookout (a) A line drawn from the southern- tower located in approximate position most extremity of Fossil Point at lon- latitude 46°13.6′ N. longitude 124°00.7′ W. gitude 120°43.5′ W. to the seaward ex- to latitude 46°12.8′ N. longitude 124°08.0′ tremity of Whaler Island Breakwater. W. (Columbia River Entrance Lighted (b) A line drawn from the outer end Whistle Buoy ‘‘2’’); thence to latitude ° ′ ° ′ of Morro Bay Entrance East Break- 46 14.5 N. longitude 124 09.5 W. (Colum- water to latitude 35°21.5′ N. longitude bia River Entrance Lighted Bell Buoy ‘‘1’’); thence to North Head Light. 120°52.3′ W. (Morro Bay Entrance Light- (c) A line drawn from latitude 46°52.8′ ed Bell Buoy ‘‘1’’); thence to Morro Bay N. longitude 124°12.6′ W. (Grays Harbor West Breakwater Light. Light to Grays Harbor Entrance Light- ed Whistle Buoy ‘‘2’’); thence to lati- § 7.135 Point Sur, CA to Cape Blanco, ° ′ ° ′ OR. tude 46 55.0 N. longitude 124 14.7 W. (Grays Harbor Entrance Lighted Whis- (a) A line drawn from Monterey Har- tle Buoy ‘‘3’’); thence to Grays Harbor bor Light ‘‘6’’ to latitude 36°36.5′ N. lon- Bar Range Rear Light. gitude 121°53.2′ W. (Monterey Harbor Anchorage Buoy ‘‘A’’); thence to the § 7.145 Strait of Juan de Fuca, Haro northernmost extremity of Monterey Strait and Strait of Georgia WA. Municipal Wharf No. 2. (a) A line drawn from the northern- (b) A line drawn from seaward ex- most point of Angeles Point to latitude tremity of the pier located 0.3 mile 48°21.1′ N. longitude 123°02.5′ W. (Hein south of Moss Landing Harbor En- Bank Lighted Bell Buoy); thence to trance to the seaward extremity of the latitude 48°25.5′ N. longitude 122°58.5′ W. Moss Landing Harbor North Break- (Salmon Bank Lighted Gong Buoy water. ‘‘3’’); thence to Cattle Point Light on (c) A line drawn from Santa Cruz San Juan Island. Light to the southernmost projection (b) A line drawn from Lime Kiln Light to Kellett Bluff Light on Henry of Soquel Point. Island; thence to Turn Point Light on (d) A straight line drawn from Point Stuart Island; thence to Skipjack Is- Bonita Light across Golden Gate land Light; thence to latitude 48°46.6′ through Mile Rocks Light to the shore. N. longitude 122°53.4′ W. (Clements Reef (e) A line drawn from the north- Bouy ‘‘2’’); thence to International western tip of Tomales Point to lati- Boundary Range B Front Light. tude 38°15.1′ N. longitude 123°00.1′ W. (Tomales Point Lighted Horn Buoy ALASKA ‘‘2’’); thence to latitude 38°17.2′ N. longitude 123°02.3′ W. (Bodega Harbor Ap- § 7.150 Canadian (BC) and United States (AK) Borders to Cape Spen- proach Lighted Gong Buoy ‘‘BA’’); cer, AK. thence to the southernmost extremity of Bodega Head. (a) A line drawn from the northeasternmost extremity of Point Mans- (f) A line drawn from Humboldt Bay field, Sitklan Island 040° true to the Entrance Light ‘‘4’’ to Humboldt Bay mainland. Entrance Light ‘‘3’’. (b) A line drawn from the southeast- (g) A line drawn from Crescent City ernmost extremity of Island Point, Outer Breakwater Light ‘‘5’’ to the Sitklan Island to the southernmost ex- southeasternmost extremity of Whaler tremity of Garnet Point, Kanagunut Is- Island at longitude 124°11′ W. land; thence to Lord Rock Light;

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thence to Barren Island Light; thence easternmost extremity of Cape to Cape Chacon Light; thence to Cape Chiniak. Muzon Light. (c) A line drawn from Cape Nunilak (c) A line drawn from Point Corn- at latitude 58°09.7′ N. to the northern- wallis Light to Cape Bartolome Light; most extremity of Raspberry Island. A thence to Cape Edgecumbe Light; line drawn from the westernmost ex- thence to the westernmost extremity tremity of Raspberry Cape to the of Cape Cross. northernmost extremity of Miners (d) A line drawn from Surge Bay En- Point. trance Light to Cape Spencer Light. § 7.170 Alaska Peninsula, AK to Aleu- § 7.155 Cape Spencer, AK to Cape St. tian Islands, AK. Elias, AK. (a) A line drawn from the western- (a) A line drawn from the southernmost extremity of Harbor Point to the most extremity of Cape Kumlium to southernmost extremity of LaChaussee the westernmost extremity of Spit at Lituya Bay. Nakchamik Island; thence to the east- (b) A line drawn from Ocean Cape ernmost extremity of Castle Cape at Light to latitude 59°31.9′ N. longitude Chignik Bay. 139°57.1′ W. (Yakutat Bay Entrance (b) A line drawn from Second Priest Lighted Whistle Buoy ‘‘2’’); thence to Rock to Ulakta Head Light at Iliuliuk the southeasternmost extremity of Bay entrance. Point Manby. (c) A line drawn from Arch Rock to (c) A line drawn from the northern- the northernmost extremity of Devil- most extremity of Point Riou to the fish Point at Captains Bay. easternmost extremity of Icy Cape. (d) A line drawn from the easternmost extremity of Lagoon Point to the § 7.160 Point Whitshed, AK to Aialik Cape, AK. northwesternmost extremity of Cape Kutuzof at Port Moller. (a) A line drawn from the southernmost extremity of Point Whitshed to § 7.175 Alaska Peninsula, AK to the easternmost extremity of Nunivak, AK. Hinchinbrook Island. (b) A line drawn from Cape (a) A line drawn from the northern- Hinchinbrook Light to Schooner Rock most extremity of Goose Point at Light ‘‘1’’. Egegik Bay to Protection Point. (c) A line drawn from the south- (b) A line drawn from the western- westernmost extremity of Montague Is- most extremity of Kulukak Point to land to Point Elrington Light; thence the northernmost extremity of Round to the southernmost extremity of Cape Island; thence to the southernmost ex- Puget. tremity of Hagemeister Island; thence (d) A line drawn from the southern- to the southernmost extremity of Cape most extremity of Cape Resurrection Peirce; thence to the southernmost ex- to the Aialik Cape. tremity of Cape Newenham. (c) A line drawn from the church § 7.165 Kenai Peninsula, AK to Kodiak spire located in approximate position Island, AK. latitude 59°45′ N. longitude 161°55′ W. at (a) A line drawn from the southern- the mouth of the Kanektok River to most extremity of Kenai Peninsula at the southernmost extremity of Cape ° ′ longitude 151 44.0 W. to East Amatuli Avinof. Island Light; thence to the northwesternmost extremity of Shuyak Is- § 7.180 Kotzebue Sound, AK. land at Party Cape; thence to the easternmost extremity of Cape Douglas. A line drawn from Cape Espenberg (b) A line drawn from the southern- Light to latitude 66°52′ N. longitude most extremity of Pillar Cape on Afog- 163°28′ W.; and thence to Cape nak Island to Spruce Cape Light; Krusenstern Light. thence to the easternmost extremity of Long Island; thence to the north-

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PART 8—VESSEL INSPECTION 8.570 Interim approval of prototype SIP ALTERNATIVES company or vessel plans. AUTHORITY: 46 U.S.C. 3103, 3306, 3316, 3703; Subpart A—General Department of Homeland Security Delega- tion No. 0170.1. Sec. 8.100 Definitions. EDITORIAL NOTE: Nomenclature changes to 8.110 Incorporation by reference. part 8 appear at 74 FR 49224, Sept. 25, 2009. 8.120 Reciprocity. SOURCE: CGD 95–010, 62 FR 67532, Dec. 24, 8.130 Agreement conditions. 1997, unless otherwise noted. Subpart B—Recognition of a Classification Society Subpart A—General 8.200 Purpose. § 8.100 Definitions. 8.210 Applicability. Authorized Classification Society 8.220 Recognition of a classification society. 8.230 Minimum standards for a recognized means a recognized classification soci- classification society. ety that has been delegated the author- 8.240 Application for recognition. ity to conduct certain functions and 8.250 Acceptance of standards and functions certifications on behalf of the Coast delegated under existing regulations. Guard. 8.260 Revocation of classification society Class Rules means the standards de- recognition. veloped and published by a classifica- Subpart C—International Convention tion society regarding the design, con- Certificate Issuance struction and certification of commercial vessels. 8.300 Purpose. Classed means that a vessel meets the 8.310 Applicability. classification society requirements 8.320 Classification society authorization to that embody the technical rules, regu- issue international certificates. 8.330 Termination of classification society lations, standards, guidelines and asso- authority. ciated surveys and inspections covering the design, construction and through- Subpart D—Alternate Compliance Program life compliance of a ship’s structure and essential engineering and elec- 8.400 Purpose. 8.410 Applicability. trical systems. 8.420 Classification society authorization to Commandant means the Commandant participate in the Alternate Compliance of the Coast Guard. Program. Delegated Function means a function 8.430 U.S. Supplement to class rules. related to Coast Guard commercial 8.440 Vessel enrollment in the Alternate vessel inspection which has been dele- Compliance Program. gated to a classification society. Dele- 8.450 Termination of classification society authority. gated functions may include issuance of international convention certifi- Subpart E—Streamlined Inspection cates and participation in the Alter- Program nate Compliance Program under this part. 8.500 Purpose. Delegated Function Related to General 8.505 Scope and applicability. Vessel Safety Assessment means issuance 8.510 Definitions. 8.515 Eligibility. of the SOLAS Cargo Ship Safety Con- 8.520 Application. struction Certificate or issuance of the 8.525 OCMI review and action. SOLAS Cargo Ship Safety Equipment 8.530 Plan development and approval. Certificate. 8.535 Training and operational evaluation. Exclusive Surveyor means a person 8.540 Enrollment in SIP. who is employed solely by a classifica- 8.545 Scope of inspection for enrolled ves- tion society and is authorized to con- sels. 8.550 Plan review and revisions. duct vessel surveys. Independent sur- 8.555 Disenrollment. veyors, hired on a case-by-case basis, 8.560 Waiver. or surveyors of another classification 8.565 Appeal. society are not considered exclusive

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surveyors for the performance of dele- and Engineering Standards, (CG–521), gated functions on behalf of the Coast 2100 2nd St. SW., Stop 7126, Wash- Guard. ington, DC 20593–7126, or at the Na- Gross Tons means vessel tonnage tional Archives and Records Adminis- measured in accordance with the Inter- tration (NARA). For information on national Convention on Tonnage Meas- the availability of this material at urement of Ships, 1969. Vessels not NARA, call 202–741–6030, or go to: http:// measured by this convention must be www.archives.gov/federallregister/ measured in accordance with the meth- codeloflfederallregulations/ od utilized by the flag state adminis- ibrllocations.html. All material is tration of that vessel. available from the sources listed in MARPOL 73/78 means the Protocol of paragraph (b). 1978 relating to the International Con- (b) The material incorporated by ref- vention for the Prevention of Pollution erence in this subchapter and the sec- from Ships, 1973, and includes the Con- tions affected are as follows: vention which means the International American Bureau of Shipping (ABS)—ABS Convention for the Prevention of Pol- Plaza, 16855 Northchase Drive, Houston, TX lution from Ships, 1973, including Pro- 77060. tocols I and II and Annexes I, II, and V Rules for Building and Classing Steel Ves- thereto, including any modification or sels, 1996—31.01–3(b), 71.15–5(b), 91.15–5(b) amendments to the Convention, Proto- Rules for Building and Classing Steel Ves- cols or Annexes which have entered sels, 1997—31.01–3(b), 71.15–5(b), 91.15–5(b) Rules for Building and Classing Steel Ves- into force for the United States. sels, 1998—31.01–3(b), 71.15–5(b), 91.15–5(b) Officer in Charge, Marine Inspection Rules for Building and Classing Mobile Off- (OCMI) means any person from the ci- shore Drilling Units, 1998—107.205(b) vilian or military branch of the Coast U. S. Supplement to ABS Rules for Steel Guard designated as such by the Com- Vessels for Vessels on International Voy- mandant and who, under the super- ages, 21 October 1996—31.01–3(b), 71.15– intendence and direction of a Coast 5(b), 91.15–5(b) U.S. Supplement to ABS Rules for Steel Guard District Commander, is in Vessels for Vessels on International Voy- charge of an inspection zone for the ages, 1 August 1997—31.01–3(b), 71.15–5(b), performance of duties with respect to 91.15–5(b) the inspection, enforcement, and ad- U.S. Supplement to ABS Rules for Mobile ministration of 46 U.S.C., Revised Stat- Offshore Drilling Units, 1 June 1998— utes, and acts amendatory thereof or 107.205(b) supplemental thereto, and rules and American National Standards Institute (ANSI)— 11 West 42nd St., New York, NY 10036. regulations thereunder. ANSI/ASQC Q9001—1994, Quality Assurance Recognized Classification Society in Design, Development, Production and means the American Bureau of Ship- Servicing, 1994—8.230 ping or other classification society rec- Lloyd’s Register of Shipping (LR)—100 ognized by the Commandant under this Leadenhall Street, London EC3A 3BP. part. Rules and Regulations for the Classifica- SOLAS means International Conven- tion of Ships, 1998—31.01–3(b), 71.15–5(b), 91.15–5(b) tion for the Safety of Life at Sea, 1974, Lloyd’s Register of Shipping Supplemental Re- as amended. quirements, 19 September 1998—31.01–3(b), 71.15–5(b), 91.15–5(b) § 8.110 Incorporation by reference. [CGD 95–010, 62 FR 67532, Dec. 24, 1997, as (a) Certain material is incorporated amended by USCG-1999–5004, 64 FR 30439, by reference into this subchapter with June 8, 1999; USCG-2000–7790, 65 FR 58458, the approval of the Director of the Fed- Sept. 29, 2000] eral Register under 5 U.S.C. 552(a) and 1 CFR Part 51. To enforce any edition § 8.120 Reciprocity. other than that specified in paragraph (a) The Commandant may delegate (b) of this section, the Coast Guard authority to a classification society must publish notice of the change in that has its headquarters in a country the FEDERAL REGISTER and the mate- other than the United States only to rial must be available to the public. All the extent that the flag state adminis- material is available for inspection at tration of that country delegates au- the U.S. Coast Guard, Office of Design thority and provides access to the

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American Bureau of Shipping to in- (1) Issue any certificates related to a spect, certify and provide related serv- delegated function in the English lan- ices to vessels flagged by that country. guage. The Commandant will determine reci- (2) Maintain a corporate office in the procity on a ‘‘case-by-case’’ basis. United States that has adequate re- (b) In order to demonstrate that the sources and staff to support all dele- conditions described in paragraph (a) of gated functions and to maintain re- this section are satisfied, a classifica- quired associated records. tion society must provide to the Coast (3) Maintain all records in the United Guard an affidavit, from the govern- States related to delegated functions ment of the country that the classifica- conducted on behalf of the Coast tion society is headquartered in, listing Guard. the authorities delegated by the flag (4) Make available to appropriate state administration of that country to Coast Guard representatives vessel sta- the American Bureau of Shipping, and tus information and records, including indicating any conditions related to outstanding vessel deficiencies or clas- the delegated authority. sification society recommendations, in (c) The Commandant will not con- the English language, on all vessels for sider an application for authorization which the classification society has to perform a delegated function sub- performed any delegated function on mitted under this part until the condi- behalf of the Coast Guard. tions described in paragraph (a) of this (5) Report to the Commandant (CG– section are satisfied. Where simulta- 543) the names and official numbers of neous authorization by a foreign gov- any vessels removed from class for ernment for ABS is involved, this re- which the classification society has quirement may be waived. performed any delegated function on (d) The Commandant will not evalu- behalf of the Coast Guard and include a ate a classification society for recogni- description of the reason for the re- tion until the conditions described in moval. paragraph (a) of this section are satisfied for at least one of the authorized (6) Report to the Commandant (CG– delegations being sought. Where simul- 543) all port state detentions on all ves- taneous recognition by a foreign gov- sels for which the classification society ernment for ABS is involved, this re- has performed any delegated function quirement may be waived. on behalf of the Coast Guard when aware of such detention. (e) The Commandant may make a delegation regarding load lines under (7) Annually provide the Com- 46 U.S.C. 5107 or measurement of ves- mandant (CG–543) with its register of sels under 46 U.S.C. 14103 without re- classed vessels. gard to the conditions described in (8) Ensure vessels meet all require- paragraph (a) of this section. ments for class of the accepting classification society prior to accepting ves- § 8.130 Agreement conditions. sels transferred from another classi- (a) Delegated functions performed by, fication society. and statutory certificates issued by, an (9) Suspend class for vessels that are authorized classification society will overdue for special renewal or annual be accepted as functions performed by, survey. or certificates issued by, the Coast (10) Attend any vessel for which the Guard, provided that the classification classification society has performed society maintains compliance with all any delegated function on behalf of the provisions of its agreement with the Coast Guard at the request of the ap- Commandant. Any agreement between propriate Coast Guard officials, with- the Commandant and a recognized clas- out regard to the vessel’s location—un- sification society authorizing the per- less prohibited to do so under the laws formance of delegated functions will be of the United States, the laws of the ju- written and will require the classifica- risdiction in which the vessel is lo- tion society to comply with each of the cated, the classification society’s home following: country domestic law, or where the

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classification society considers an un- sults of such audits to appropriate acceptable hazard to life and/or prop- Coast Guard representatives. erty exists. (24) Provide the Coast Guard access (11) Honor appeal decisions made by necessary to audit the authorized clas- the Commandant (CG–521) or Com- sification society to ensure that it con- mandant (CG–543) on issues related to tinues to comply with the minimum delegated functions. standards for a recognized classifica- (12) Apply U.S. flag administration tion society. interpretations, when they exist, to (25) Use only exclusive surveyors of international conventions for which that classification society to accom- the classification society has been del- plish all work done on behalf of, or egated authority to certificate or per- under any delegation from, the Coast form other functions on behalf of the Guard. For tonnage-related measure- Coast Guard. ment service only, however, classifica- (13) Obtain approval from the Com- tion societies may use part-time em- mandant (CG–543) prior to granting ex- ployees or independent contractors in emptions from the requirements of place of exclusive surveyors. international conventions, class rules, (26) Allow its surveyors to partici- and the U.S. supplement to class rules. pate in training with the Coast Guard (14) Make available to the Coast regarding delegated functions. Guard all records, in the English lan- (b) Amendments to an agreement be- guage, related to equivalency deter- tween the Coast Guard and an author- minations or approvals made in the ized classification society will become course of delegated functions con- effective only after consultation and ducted on behalf of the Coast Guard. written agreement between parties. (15) Report to the Coast Guard all in- (c) Agreements may be terminated by formation specified in the agreement one party only upon written notice to at the specified frequency and to the the other party. Termination will specified Coast Guard office or official. occur sixty days after written notice is (16) Grant the Coast Guard access to given. all plans and documents, including reports on surveys, on the basis of which Subpart B—Recognition of a certificates are issued or endorsed by Classification Society the classification society. (17) Identify a liaison representative § 8.200 Purpose. to the Coast Guard. This subpart establishes criteria and (18) Provide regulations, rules, in- procedures for vessel classification so- structions and report forms in the cieties to obtain recognition from the English language. Coast Guard. This recognition is nec- (19) Allow the Commandant (CG–5) to essary in order for a classification soci- participate in the development of class ety to become authorized to perform rules. vessel inspection and certification (20) Inform the Commandant (CG–52) functions delegated by the Coast Guard of all proposed changes to class rules. as described in this part. (21) Provide the Commandant (CG–5) the opportunity to comment on any § 8.210 Applicability. proposed changes to class rules and to This subpart applies to all vessel respond to the classification society’s classification societies seeking rec- disposition of the comments made by ognition by the Coast Guard. the Coast Guard. (22) Furnish information and required § 8.220 Recognition of a classification access to the Coast Guard to conduct society. oversight of the classification society’s (a) A classification society must be activities related to delegated func- recognized by the Commandant before tions conducted on behalf of the Coast it may receive statutory authority del- Guard. egated by the Coast Guard. (23) Allow the Coast Guard to accom- (b) In order to become recognized, a pany them on internal and external classification society must meet the quality audits and provide written re- requirements of § 8.230.

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(c) A classification society found to (11) Employ a minimum of 150 exclu- meet the criteria for recognition will sive surveyors; be notified in writing by the Com- (12) Have adequate criteria for hiring mandant. and qualifying surveyors and technical (d) If the Coast Guard determines staff; that a classification society does not (13) Have an adequate program for meet the criteria for recognition, the continued training of surveyors and Coast Guard will provide the reason for technical staff; this determination. (14) Have a corporate office in the (e) A classification society may re- United States that provides a contin- apply for recognition upon correction uous management and administrative of the deficiencies identified by the presence; Coast Guard. (15) Maintain an internal quality system based on ANSI/ASQC Q9001 or an § 8.230 Minimum standards for a rec- equivalent quality standard; ognized classification society. (16) Determine classed vessels comply (a) In order to receive recognition by with class rules, during appropriate the Coast Guard a classification soci- surveys and inspection; ety must: (17) Determine that attended vessels comply with all statutory require- (1) Establish that it has functioned as ments related to delegated functions, an international classification society during appropriate surveys and inspec- for at least 30 years with its own class tion; rules; (18) Monitor all activities related to (2) Establish that is has a history of delegated functions for consistency and appropriate corrective actions in ad- required end-results; dressing vessel casualties and cases of (19) Maintain and ensure compliance nonconformity with class rules; with a Code of Ethics that recognizes (3) Establish that it has a history of the inherent responsibility associated appropriate changes to class rules with delegation of authority; based on their application and the (20) Not be under the financial con- overall performance of its classed fleet; trol of shipowners or shipbuilders, or of (4) Have a total classed tonnage of at others engaged commercially in the least 10 million gross tons; manufacture, equipping, repair or oper- (5) Have a classed fleet of at least ation of ships; 1,500 ocean-going vessels over 100 gross (21) Not be financially dependent on a tons; single commercial enterprise for its (6) Have a total classed tonnage of revenue; ocean-going vessels over 100 gross tons (22) Not have any business interest totaling no less than 8 million gross in, or share of ownership of, any vessel tons; in its classed fleet; and (7) Publish and maintain class rules (23) Not be involved in any activities in the English language for the design, which could result in a conflict of in- construction and certification of ships terest. and their associated essential engineer- (b) Recognition may be granted after ing systems; it is established that the classification (8) Maintain written survey proce- society has an acceptable record of ves- dures in the English language; sel detentions attributed to classifica- (9) Have adequate resources, includ- tion society performance under the ing research, technical, and managerial Coast Guard Port State Control Pro- staff, to ensure appropriate updating gram. and maintaining of class rules and procedures; § 8.240 Application for recognition. (10) Have adequate resources and geo- (a) A classification society must graphical coverage to carry out all apply for recognition in writing to the plan review and vessel survey activities Commandant (CG–521). associated with delegated functions as (b) An application must indicate well as classification society require- which specific authority the classifica- ments; tion society seeks to have delegated.

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(c) Upon verification from the Coast § 8.320 Classification society author- Guard that the conditions of reci- ization to issue international cer- procity have been met in accordance tificates. with § 8.120, the requesting classifica- (a) The Commandant may authorize tion society must submit documenta- a recognized classification society to tion to establish that it meets the reissue certain international convention quirements of § 8.230. certificates. Authorization will be based on review of: § 8.250 Acceptance of standards and (1) Applicable class rules; and functions delegated under existing (2) Applicable classification society regulations. procedures. (a) Classification society class rules (b) The Coast Guard may delegate will only be accepted as equivalent to issuance of the following international Coast Guard regulatory standards when convention certificates to a recognized that classification society has received classification society: authorization to conduct a related del- (1) International Load Line Certifi- egated function. cate; (b) A recognized classification soci- (2) International Tonnage Certificate ety may not conduct any delegated (1969); function under this title until it re- (3) SOLAS Cargo Ship Safety Con- ceives a separate written authorization struction Certificate; from the Commandant to conduct that (4) SOLAS Cargo Ship Safety Equip- specific function. ment Certificate; (5) International Certificate of Fit- § 8.260 Revocation of classification so- ness for the Carriage of Dangerous ciety recognition. Chemicals in Bulk; (6) International Certificate of Fit- A recognized classification society ness for the Carriage of Liquefied Gases which fails to maintain the minimum in Bulk; standards established in this part will (7) International Maritime Organiza- be reevaluated and its recognized station (IMO) Mobile Offshore Drilling tus revoked if warranted. Unit Safety Certificate; (8) MARPOL 73/78 International Oil Subpart C—International Pollution Prevention Certificate; Convention Certificate Issuance (9) MARPOL 73/78 International Pol- lution Prevention Certificate for the § 8.300 Purpose. Carriage of Noxious Liquid Substances This subpart establishes options for in Bulk; vessel owners and operators to obtain (10) SOLAS Passenger Ship Safety required international convention cer- Certificate; tification through means other than (11) High-Speed Craft Safety Certifi- those prescribed elsewhere in this cate; and chapter. (12) MARPOL 73/78 International Air Pollution Prevention Certificate. § 8.310 Applicability. (c) The Coast Guard will enter into a written agreement with a recognized This subpart applies to: classification society authorized to (a) Recognized classification soci- issue international convention certifi- eties; and cates. This agreement will define the (b) All U.S. flag vessels that are cer- scope, terms, conditions and require- tificated for international voyages and ments of that delegation. Conditions of are classed by a recognized classifica- these agreements are presented in tion society that is authorized by the § 8.130. Coast Guard to issue the applicable [CGD 95–010, 62 FR 67532, Dec. 24, 1997, as international certificate as specified in amended by USCG-2004–18884, 69 FR 58342, this subpart. Sept. 30, 2004; USCG–2004–19823; 74 FR 20419, May 4, 2009; USCG–2008–1014, 74 FR 21558, May 8, 2009]

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§ 8.330 Termination of classification will be based on a satisfactory review society authority. of: (a) The Coast Guard may terminate (1) Applicable class rules; and an authorization agreement with a (2) Applicable classification society classification society if: procedures. (1) The Commandant revokes the (b) Authorization for a recognized classification society’s recognition, as classification society to participate in specified in § 8.260; or the ACP will require development of a U.S. Supplement to the society’s class (2) The classification society fails to rules that meets the requirements of comply with the conditions of the au- § 8.430 of this part, which must be ac- thorization agreement as specified in cepted by the Coast Guard. § 8.130. (c) A recognized classification soci- (b) In the event that a flag adminis- ety: tration of a country changes conditions (1) Will be eligible to receive author- related to the authority that is dele- ization to participate in the ACP only gated to ABS, the Commandant may after the Coast Guard has delegated to modify or revoke the Coast Guard’s au- it the authority to issue the following thorization of that classification soci- certificates: ety that has its headquarters in that (i) International Load Line Certifi- country. cate; (c) Certificates issued by a classifica- (ii) International Tonnage Certifi- tion society which has had its author- cate; ization terminated will remain valid (iii) Cargo Ship Safety Construction until the next classification society Certificate; survey associated with that certificate (iv) Cargo Ship Safety Equipment is required or until the certificate ex- Certificate; and pires, whichever occurs first. (v) International Oil Pollution Pre- vention Certificate; and Subpart D—Alternate Compliance (2) Must have performed a delegated Program function related to general vessel safety assessment, as defined in § 8.100 of § 8.400 Purpose. this part, for a two-year period. This subpart establishes an alter- (d) If, after this two-year period, the native to subpart 2.01 of this chapter Coast Guard finds that the recognized for certification of United States ves- classification society has not dem- sels. onstrated the necessary satisfactory performance or lacks adequate experi- § 8.410 Applicability. ence, the recognized classification soci- This subpart applies to: ety will not be eligible to participate (a) Recognized classification soci- in the ACP. The Coast Guard will pro- eties; and vide the reason for this determination (b) U.S. flag vessels that are certifi- to the recognized classification soci- cated for international voyages and are ety. A classification society may ap- classed by a recognized classification peal the decision of the Coast Guard society that is authorized by the Coast concerning recognition to the Com- Guard to participate in the Alternate mandant in writing in accordance with Compliance Program (ACP) as specified 46 CFR 1.03–15(h)(4). in this subpart and whose vessel type is (e) The Coast Guard will enter into a authorized to participate in the ACP written agreement with a recognized per the applicable subchapter of 46 CFR classification society authorized to chapter I. participate in the ACP. This agreement will define the scope, terms, conditions § 8.420 Classification society author- and requirements of the necessary dele- ization to participate in the Alter- gation. Conditions of this agreement nate Compliance Program. are presented in § 8.130. (a) The Commandant may authorize [CGD 95–010, 62 FR 67532, Dec. 24, 1997, as a recognized classification society to amended by USCG–2004–19823; 74 FR 20419, participate in the ACP. Authorization May 4, 2009]

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§ 8.430 U.S. Supplement to class rules. (d) If reports from an authorized clas- Prior to receiving authorization to sification society indicate that a vessel participate in the ACP, a recognized does not comply with applicable inter- classification society must prepare, national treaties and agreements, the and receive Commandant (CG–521) ap- classification society’s class rules, and proval of, a U.S. Supplement to the the U.S. Supplement prepared by the recognized classification society’s class classification society and accepted by rules. This supplement must include all the Coast Guard, the cognizant OCMI regulations applicable for issuance of a may decline to issue a certificate of in- Certificate of Inspection (COI) which spection. If the OCMI declines to issue are not, in the opinion of the Com- a certificate of inspection, the vessel mandant, adequately established by ei- owner or operator may: ther the class rules of that classifica- (1) Correct the reported deficiencies tion society or applicable international and make arrangements with the clas- regulations. sification society for an additional in- § 8.440 Vessel enrollment in the Alter- spection; nate Compliance Program. (2) Request inspection by the Coast (a) In place of compliance with other Guard under other provisions of this applicable provisions of this title, the subchapter; or owner or operator of a vessel subject to (3) Appeal via the authorized classi- plan review and inspection under this fication society to the Chief, Office of subchapter for initial issuance or re- Compliance, Commandant (CG–543), newal of a COI may submit the vessel U.S. Coast Guard, 2100 2nd St. SW., for classification, plan review and in- Stop 7581 Washington, DC 20593–7581. spection by a recognized classification society authorized by the Coast Guard § 8.450 Termination of classification to determine compliance with applica- society authority. ble international treaties and agree- (a) The Coast Guard may terminate ments, the classification society’s class an authorization agreement with a rules, and the U.S. Supplement pre- classification society to participate in pared by the classification society and the Alternate Compliance Program if: accepted by the Coast Guard. (1) The Commandant revokes the (b) A vessel owner or operator wishing to have a vessel inspected under classification society’s recognition, as paragraph (a) of this section shall sub- specified in § 8.260; or mit an Application for Inspection of (2) The classification society fails to U.S. Vessel (CG-3752) to the cognizant comply with the conditions of the au- OCMI, and indicate on the form that thorization agreement as specified in the inspection will be conducted by an § 8.130. authorized classification society under (b) In the event that a flag adminis- the ACP. tration of a country changes conditions (c) Based on reports from an author- related to the authority that is dele- ized classification society that a vessel gated to ABS, the Commandant may complies with applicable international modify or revoke the Coast Guard’s au- treaties and agreements, the classifica- thorization of that classification soci- tion society’s class rules, and the U.S. ety that has its headquarters in that Supplement prepared by the classifica- country. tion society and accepted by the Coast (c) Certificates issued by a classifica- Guard, the cognizant OCMI may issue a tion society which has had its author- certificate of inspection to the vessel. ization to participate in the Alternate If the OCMI declines to issue a certifi- Compliance Program terminated, will cate of inspection even though the reports made by the authorized classi- be subject to the provisions of § 8.330. fication society indicate that the ves- (d) Owners or operators of vessels en- sel meets applicable standards, the ves- rolled in the ACP and classed by a clas- sel owner or operator may appeal the sification society that has its author- OCMI decision as provided in subpart ity to participate in the ACP termi- 1.03 of this chapter. nated, must:

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(1) Change the classification society Civil penalty means a final assess- for the vessel to a classification soci- ment under the provisions of 33 CFR ety that is authorized to participate in part 1, subpart 1.07 or part 20 of this the ACP; or chapter. (2) Disenroll the vessel from the ACP. Coast Guard SIP Advisor means the (e) The Coast Guard will provide Coast Guard marine inspector assigned guidance to a vessel owner affected by by the Officer in Charge, Marine In- the revocation of a classification soci- spection (OCMI), to assist in the devel- ety’s authority to participate in the opment of an action plan. ACP. This will include notification of Company means the owner of the ves- when the action required under para- sel or any other organization or person, graph (d) of this section must be com- such as the manager or the bareboat pleted. charterer, who operates a vessel under [CGD 95–010, 62 FR 67532, Dec. 24, 1997, as the SIP. amended by USCG-2004–18884, 69 FR 58342, Company Action Plan (CAP) means the Sept. 30, 2004] document describing a company’s organization, policies, and responsibilities Subpart E—Streamlined Inspection required for participation in the SIP. Program Company SIP Agent means the individual who is responsible for the Com- pany Action Plan and the Vessel Ac- SOURCE: CGD 96–055, 63 FR 44353, Aug. 18, 1998, unless otherwise noted. tion Plan development and implementation and who has the authority to § 8.500 Purpose. bind the company to the terms of these (a) This subpart establishes the plans. Streamlined Inspection Program (SIP) Correction Report means a document which is a voluntary alternative in- which sets out specific vessel defi- spection program for U.S. documented ciencies and is used to record their cor- or registered vessels required to main- rection by the company. tain a valid certificate of inspection Documented deficiency means an inci- (COI). dent documented in a Coast Guard (b) This subpart sets out the eligi- record in which the condition of a ves- bility and application requirements sel, its equipment, or its operation was and the plan development and approval not in compliance with Coast Guard procedures for enrollment of companies regulations. and their vessels in the SIP. Examination Checklist means any document or form approved in the VAP, § 8.505 Scope and applicability. that may be used by company employ- (a) This subpart applies to U.S. docu- ees to record the periodic examinations mented or registered vessels that have required by the VAP. a valid COI. Inspection Criteria References (ICR) (b) A vessel enrolled in the SIP will means the individual pages in the VAP be inspected in accordance with its ap- that list each item on the vessel re- proved Vessel Action Plan (VAP). quired by regulation to be periodically (c) The SIP includes all inspections inspected. required to renew and maintain a valid Inspection Schedule and Verification COI. The SIP does not include dry-dock (ISV) means the document that lists examinations, unscheduled inspections the items to be inspected and the inter- related to vessel casualties, equipment vals for their inspection, and on which repair or replacement, or vessel modi- is recorded the completion of required fications. Those inspections will be examinations and tests conducted by conducted in accordance with the sub- designated company employees. parts applicable to the vessel. Prototype SIP plan means the SIP plans developed for a company or ves- § 8.510 Definitions. sel participating in a Coast Guard Dis- The following definitions apply to trict-or OCMI-endorsed SIP before Au- this subpart: gust 18, 1998.

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Reportable casualty means a marine the SIP, provided that the vessel holds casualty or accident required to be re- a valid COI issued by the OCMI where ported under 46 CFR part 4, subpart 4.05 the vessel will principally operate. of this chapter. Streamlined Inspection Program (SIP) § 8.520 Application. means the alternative inspection pro- To apply for SIP enrollment, a com- gram set out in this subpart. pany will submit an application, in Vessel Action Plan (VAP) means the writing, to the cognizant OCMI. The document that prescribes procedures application must contain the following: for maintenance, examination, and in- (a) A statement that the company spection of a vessel enrolled in the SIP. and prospective vessel(s) meet the requirements of § 8.515. § 8.515 Eligibility. (b) A summation of the company’s (a) The company must— current status in relation to § 8.530(a). (1) Have owned or operated at least (c) The name and official number of one U.S. documented or registered ves- the vessel(s) the company intends to sel for a minimum of 3 consecutive enroll in the SIP. years before the SIP application date; (d) The name and contact informa- and tion for the Company SIP Agent. (2) Have paid all civil penalties and user fees. § 8.525 OCMI review and action. (b) Except as allowed by paragraph (c) of this section, each vessel must— (a) The cognizant OCMI will review (1) Have been in operation with an el- Coast Guard records for the 3 years be- igible owner or operator for at least 3 fore the SIP application date to verify consecutive years before the SIP appli- the eligibility of the company and each cation date; vessel listed in the SIP application. (2) Have had no revocation of its COI (b) If the company and one or more of during the 3 years before the SIP appli- its vessels meets the eligibility re- cation date; and quirements contained in § 8.515, the (3) Have no documented deficiency cognizant OCMI will notify the com- for any of the following in the 3 years pany of its eligibility and assign a before the SIP application date: Coast Guard SIP Advisor. (i) Any vessel operation inconsistent (c) If, according to Coast Guard with the operating details specified on records, a company or vessel does not its COI. meet the eligibility requirements con- (ii) Operating without the required tained in § 8.515, the cognizant OCMI amount of lifesaving appliances on will notify the company in writing of board the vessel or with inoperable sur- its ineligibility stating each reason for vival craft. not accepting the company or a vessel. (iii) Operating without the required firefighting equipment on board the § 8.530 Plan development and approval. vessel or with an inoperable fire pump(s). The Company SIP Agent will develop (iv) Unauthorized modifications to the CAP and VAP with guidance from the vessel’s approved systems or struc- the Coast Guard SIP Advisor for OCMI ture, such as fixed firefighting systems, approval. pollution prevention arrangements, (a) Company Action Plan. The CAP overcurrent protection devices, or wa- shall include at least the following: tertight boundary arrangements. (1) A copy of the OCMI CAP approval (v) Operating without the required letter (once the CAP is approved). navigation equipment on board the ves- (2) An organization commitment sel or with inoperable navigation statement. equipment. (3) A company organization chart (c) A vessel constructed for, or ac- that includes the name(s) of the des- quired by, a company with one or more ignated SIP support personnel who will vessels enrolled in the SIP need not be responsible for implementation and meet the requirement in paragraph oversight of the approved CAP and (b)(1) of this section for enrollment in VAP(s).

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(4) A statement describing the re- duct an ongoing evaluation of the ves- sponsibilities and authorities of per- sel’s operation, the training records, sonnel involved in the examination and and the ability of all designated per- maintenance of the vessel(s) for the sons to perform their assigned func- company. tions under the VAP. The Coast Guard (5) A description of the method the SIP Advisor will report periodically to company will use to integrate the ap- the cognizant OCMI and the Company plicable subpart regulations into its SIP Agent on the vessel’s performance, SIP and the method or system used to and make recommendations, if needed. initiate corrective action. (d) Revisions recommended under (6) A description of the company’s paragraph (c) of this section, or any ad- safety program. ditional operational periods under a re- (7) A description of the company’s en- vised CAP or VAP as may be required vironmental protection program. by the cognizant OCMI must be com- (8) A description of the company’s pleted prior to enrollment. training infrastructure, the method used to track and record training for § 8.540 Enrollment in SIP. individual employees, and the training Upon successful completion of the required for the designated SIP support training and evaluation phase, the personnel to implement the CAP and Coast Guard SIP Advisor will rec- the VAP. ommend to the OCMI that the com- (9) A master list of all SIP documents pany or vessel be enrolled in the SIP. If and ICRs that the company intends to the OCMI concurs with the rec- use in its VAP(s). ommendation, he or she will issue an (10) Appendices for each approved enrollment letter and endorse the ves- VAP. sel’s COI. Subsequent inspections cov- (b) Vessel Action Plan. Each VAP shall ered under this subpart will be con- include at least the following: ducted in accordance with the approved (1) A copy of the OCMI VAP approval VAP. letter (once the VAP is approved). (2) A description of the method that § 8.545 Scope of inspection for enrolled will be used to integrate the VAP into vessels. the vessel’s regular operations. (3) Vessel-specific ICRs. (a) A Coast Guard marine inspector (4) Vessel-specific ISV forms. will conduct required periodic and fol- (5) Vessel-specific examination low-on inspections necessary to ensure checklists. compliance with Coast Guard regula- (6) Correction reports. tions. (c) Plan Approval. The Company SIP (b) A Coast Guard marine inspector Agent will submit the CAP and each will conduct the inspections in para- VAP to the cognizant OCMI for ap- graph (a) of this section in accordance proval. Once approved, a copy of the with the procedures set out in the VAP shall be kept on board the vessel. VAP. These inspections will normally include the following: § 8.535 Training and operational eval- (1) Administrative review. This portion uation. of the inspection consists of a review of When the CAP and VAP(s) have been prior Coast Guard SIP inspection approved by the cognizant OCMI, the forms, the contents of the VAP, and company may begin training and oper- other certifications of equipment and ating under the plans. This evaluation vessel systems. phase includes the following: (2) SIP performance review. This por- (a) The company shall provide the tion of the inspection consists of a redesignated SIP support personnel with view of vessel SIP documentation and training as required by the CAP. records, review of the SIP procedures, (b) The vessel must operate and be and a company evaluation of their SIP. examined under the VAP for a period of (3) Materiel review. This portion of the at least 3 months. inspection consists of a general exam- (c) During the operational periods, ination of the vessel, witnessing the ex- the Coast Guard SIP Advisor will con- amination of selected items under the

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VAP by company designated SIP sup- company if the company no longer has port personnel, inspection of selected at least one enrolled vessel or if the items, and witnessing crew perform- company fails to continue to meet the ance in drills. eligibility requirements in § 8.515. (4) Conclusion and recommendations. (c) Vessel disenrollment. The OCMI This portion of the inspection contains may issue a letter disenrolling a vessel the Coast Guard marine inspector’s if any one or more of the following oc- evaluation of regulatory compliance of curs: the vessel under its VAP. (1) The sale of the vessel. (c) A Coast Guard marine inspector (2) A finalized letter of warning or as- may conduct any additional tests or sessment of a civil penalty for— examinations of vessel equipment or (i) Operating outside the scope of the systems necessary to ensure compli- vessel’s COI or Stability Letter; ance with Coast Guard regulations dur- (ii) Not reporting a personnel or ma- ing an inspection covered in paragraph terial casualty required to be reported (a) of this section. under 46 CFR part 4; or (iii) A material deficiency listed in § 8.550 Plan review and revisions. § 8.515(b)(3). (a) Mandatory reviews and revisions. The CAP and VAP(s) must be reviewed § 8.560 Waiver. and revised as follows: (a) A Coast Guard District Com- (1) Every 2 years after the plan ap- mander may waive any requirement of proval date, the company shall review this subpart— the CAP and update all information re- (1) If good cause exists for granting a quired by § 8.530. waiver; and (2) Every 5 years after the plan ap- (2) If the safety of the vessel and proval date, the Coast Guard SIP Advi- those on board will not be adversely af- sor and the Company SIP Agent will fected. review the VAP. (b) Requests for waiver of any re- (3) If a reportable casualty occurs, quirement of this subpart must be sub- the cognizant OCMI will review the mitted in writing to the cognizant portions of the VAP related to equip- OCMI for review before forwarding to ment, training, personnel, and systems the Coast Guard District Commander involved in the casualty and determine for action. whether revisions to the VAP are ap- (c) A copy of each waiver granted propriate. under this section shall be maintained (4) When statutes or regulations at all times in the VAP. change, the appropriate sections of the CAP and VAP(s) will be revised. § 8.565 Appeal. (b) Discretionary reviews and revisions. A company may appeal any decision The CAP and VAP(s) may be reviewed or action taken under this subpart in and revised by the company at any accordance with 46 CFR part 1, subpart time. The revisions must be submitted 1.03 of this chapter. to the cognizant OCMI for approval. § 8.570 Interim approval of prototype § 8.555 Disenrollment. SIP company or vessel plans. (a) Voluntary disenrollment. A com- (a) A company operating under an ap- pany may request SIP disenrollment proved prototype SIP company or ves- (which includes all of its vessels) or sel plan must apply in writing by No- may request disenrollment of a specific vember 1, 1998, to the cognizant OCMI vessel from the SIP by writing to the for approval to continue operating cognizant OCMI. The OCMI will then under the plans while revisions are de- issue a letter disenrolling the vessel or veloped to bring the prototype SIP company. Disenrolled vessels will be company or vessel plan into conform- inspected in accordance with the re- ance with this subpart. The OCMI may quirements of 46 CFR part 2, subpart approve the request for a period of up 2.01 of this chapter. to 3 years. (b) Company disenrollment. The OCMI (b) A company that does not request may issue a letter disenrolling the approval as required by paragraph (a)

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of this section or does not obtain ap- § 9.2 Payment although no actual serv- proval to continue operating under a ice performed. prototype SIP company or vessel plan The rates of extra compensation are by February 1, 1999, may no longer op- payable in cases where the services of erate under the plans and will be in- officers or employees have been duly spected in accordance with the require- requested and the officers or employees ments of 46 CFR part 2, subpart 2.01 of have reported for duty, even though no this chapter. actual service may be performed. PART 9—EXTRA COMPENSATION § 9.3 Overtime earnings not basis for overtime under Federal Employees FOR OVERTIME SERVICES Pay Act of 1945.

Sec. Overtime, Sunday, and holiday serv- 9.1 Extra compensation; Coast Guard civil- ices which are covered by payments ian personnel. under this part shall not also form a 9.2 Payment although no actual service per- basis for overtime or extra pay under formed. the Federal Employees Pay Act of 1945. 9.3 Overtime earnings not basis for overtime under Federal Employees Pay Act § 9.4 Waiting time; actual report for of 1945. duties. 9.4 Waiting time; actual report for duties. Extra compensation for waiting time 9.5 Night, Sunday, and holiday defined. 9.6 Rate for night service. will not be allowed unless and until an 9.7 Rate for Sunday or holiday services. officer or employee actually reports for 9.8 Broken periods. duty. 9.9 Two hours between broken periods. 9.10 Waiting time. § 9.5 Night, Sunday, and holiday de- 9.11 Proration of charges. fined. 9.12 Travel status overtime. (a) For the purpose of this part the 9.13 Congressional appropriations nec- word night shall mean the time be- essary. tween 5 p.m. of any day and 8 a.m. of 9.14 Assessment and collection of fees. the following day. 9.15 Application form. (b) The term holiday shall mean only 9.16 Billing for services. 9.17 Protests. national legal public holidays, viz., January 1, February 22, May 30, July 4, AUTHORITY: 46 U.S.C. 2103; Department of the 1st Monday in September, Novem- Homeland Security Delegation No. 0170.1. ber 11, the 4th Thursday in November, SOURCE: CGD 74–119, 39 FR 33336, Sept. 17, December 25, and such other days as 1974, unless otherwise noted. may be declared legal public holidays by an act of Congress or by an Execu- § 9.1 Extra compensation; Coast Guard tive order of the President of the civilian personnel. United States. Civilians assigned to the duties for- (c) The term Sunday shall include the merly assigned to local inspectors and first day of each calendar week. their assistants, prior to Reorganiza- tion Plan No. 3 of 1946 (3 CFR, 1946 § 9.6 Rate for night service. Supp.), and customs officers and em- The rate of extra compensation for ployees, while performing duties in authorized overtime services performed connection with the inspection of ves- at night on any week day is hereby sels or their equipment, supplying or fixed at one half the gross daily rate of signing on or discharging crews of ves- regular pay of the employee who per- sels, at night or on Sundays and holi- forms the services for each 2 hours of days, shall receive extra compensation compensable time, any fraction of 2 to be paid by the master, owner, or hours amounting to at least one hour agent of the vessel to the local United to be counted as 2 hours. In computing States collector of customs or his rep- the amount earned, each 2 hours is the resentative. (See § 9.16.) time period for the purpose of com- [CGD 74–119, 39 FR 33336, Sept. 17, 1974, as putation, at least one hour means the amended by USCG-2000–7790, 65 FR 58458, minimum service in each period for Sept. 29, 2000] which extra pay may be granted. If

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service continues beyond a 2 hour pe- the 24 hours of a Sunday or holiday riod, it must extend for at least one shall not exceed four and one-half hour into the following 2 hour period to times the gross daily rate of his reg- be entitled to extra pay for the second ular pay. period. When the overtime extends beyond 5 p.m., payment of extra com- § 9.8 Broken periods. pensation from 5 p.m. for services con- In computing extra compensation sisting of at least one hour is author- where the services rendered are in bro- ized, even though such services may ken periods and less than 2 hours inter- not actually begin until 7 p.m., 9 p.m., vene between such broken periods the or later: Provided, That the officer ren- time served should be combined with dering the service remained on duty the waiting time and computed as con- from 5 p.m., in which case the time be- tinuous service. tween 5 p.m., and the time of beginning the actual service shall be computed as § 9.9 Two hours between broken peri- waiting time; and where the actual ods. services begin as late as 9 p.m., there Where 2 hours or more intervene be- should be an affirmative statement tween broken periods, one-half day’s that the officer was required to remain extra pay will be allowed for each dis- on duty between 5 p.m. and 9 p.m., if a tinct 2-hour period or part of a 2–hour charge for waiting time is made. The period, if waiting time and actual serv- maximum amount of extra compensa- ice rendered within each period con- tion which may be paid an employee sists of at least 1 hour. for services during one night shall not exceed two and one-half times the § 9.10 Waiting time. gross daily rate of his regular pay. The same construction should be given the act when charging for wait- § 9.7 Rate for Sunday or holiday serving time as governs the charge for services. ices actually rendered. No charge The rate of extra compensation for should be made unless after having re- Sunday or holiday services is hereby ported for duty the waiting time fixed at twice the gross daily rate of amounts to at least one hour. regular pay of the employee who performs the service, for any and all serv- § 9.11 Proration of charges. ices totaling an aggregate of not more If services are performed for two or than nine hours, with one hour for food more applicants during one continuous and rest, during the 24 hours from mid- tour of overtime duty, the charge for night to midnight of the Sunday or the extra compensation earned shall be holiday including actual waiting time prorated equitably according to the and time required for travel between time attributable to the services per- posts of duty but not including other formed for each applicant. time not spent at the post of duty. This rate shall apply regardless of the § 9.12 Travel status overtime. length of time served within the aggre- When employees are in travel status, gate of the aforesaid 9 hours, whether overtime shall apply the same as at of- it is served continuously or in broken ficial station. periods, and whether it is served for one or more applicants. Services in ex- § 9.13 Congressional appropriations cess of an aggregate of the aforesaid 9 necessary. hours performed during the 24 hours of Payment of extra compensation for a Sunday or holiday shall be com- overtime services shall be subject to pensated on the same basis as overtime appropriations being made therefor by services performed at night on a week- Congress. day, the time between the completion of the aggregate of the aforesaid 9 § 9.14 Assessment and collection of hours and midnight being considered as fees. the hours of a night. The maximum Assessment and collection of fees amount which may be paid an em- against companies for overtime serv- ployee for services performed during ices shall be made even though the

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payment to employees for such services voucher provided for that purpose. Re- may not be made until funds are appro- mittance shall be made by postal priated for that purpose. money order or certified check payable [CGD 74–119, 39 FR 33336, Sept. 17, 1974, as to the Collector of Customs, Treasury De- amended by USCG–2010–0759, 75 FR 60001, partment and forwarded to that officer Sept. 29, 2010] at the port indicated on the voucher, who shall in turn deposit such remit- § 9.15 Application form. tance to a properly designated receipt An application on a form prescribed account. by the Commandant of the Coast Guard, shall be filed with the office § 9.17 Protests. being requested to furnish overtime Protests against the exaction of services before such assignment can be extra compensation shall be forwarded made. to the Commandant of the Coast § 9.16 Billing for services. Guard. Overtime services shall be billed to the steamship companies on collection

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PART 10—MERCHANT MARINER Subpart A—General CREDENTIAL § 10.101 Purpose of rules in this part. Subpart A—General The regulations in this part provide: (a) A means of determining and Sec. verifying the qualifications an appli- 10.101 Purpose of rules in this part. cant must possess to be eligible for cer- 10.103 Incorporation by reference. tification to serve on merchant vessels; 10.105 Paperwork approval. [Reserved] 10.107 Definitions in subchapter B. (b) A means of determining that an 10.109 Classification of endorsements. applicant is competent to serve under the authority of their merchant mar- Subpart B—General Requirements for All iner credential (MMC); Merchant Mariner Credentials (c) A means of confirming that an applicant does not pose a threat to na- 10.201 General characteristics of the mer- tional security through the require- chant mariner credential. ment to hold a Transportation Worker 10.203 Requirement to hold a TWIC and a Identification Credential (TWIC); and merchant mariner credential. (d) A means of determining whether 10.205 Validity of a merchant mariner credential. the holder of an MMC is a safe and 10.207 Identification number. suitable person. 10.209 General application procedures. § 10.103 Incorporation by reference. 10.211 Criminal record review. 10.213 National Driver Register. (a) Certain material is incorporated 10.214 Security Check. by reference into this part with the ap- 10.215 Medical and physical requirements. proval of the Director of the Federal 10.217 Merchant mariner credential applica- Register under 5 U.S.C. 552(a) and 1 tion and examination locations. CFR part 51. To enforce any edition 10.219 Fees. other than that specified in this sec- 10.221 Citizenship. tion, the Coast Guard must publish no- 10.223 Modification or removal of limita- tice of change in the FEDERAL REG- tions or scope. ISTER and the material must be avail- 10.225 Requirements for original merchant able to the public. All approved mate- mariner credentials. rial is available for inspection at the 10.227 Requirements for renewal. National Archives and Records Admin- 10.229 Issuance of duplicate merchant mar- istration (NARA). For information on iner credentials. the availability of this material at 10.231 Requirements for raises of grade or NARA, call 202–741–6030 or go to http:// new endorsements. www.archives.gov/federallregister/ 10.233 Obligations of the holder of a merchant mariner credential. codeloflfederallregulations/ 10.235 Suspension or revocation of merchant ibrllocations.html. Also, it is available mariner credentials. for inspection at the Coast Guard, Of- 10.237 Right of appeal. fice of Operating and Environmental 10.239 Quick reference table for MMC re- Standards (CG–5221), 2100 2nd St. SW., quirements. Stop 7126, Washington, DC 20593–7126, 202–372–1405 and is available from the AUTHORITY: 14 U.S.C. 633; 31 U.S.C. 9701; 46 sources indicated in this section. U.S.C. 2101, 2103, 2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 72; 46 U.S.C. chapter 75; 46 (b) International Maritime Organiza- U.S.C. 7701, 8906 and 70105; Executive Order tion (IMO), 4 Albert Embankment, 10173; Department of Homeland Security Del- London SE1 7SR, England, telephone: + egation No. 0170.1. 44 (0)20 7735 7611, http://www.imo.org: (1) The STCW—International Conven- SOURCE: USCG–2006–24371, 74 FR 11216, Mar. tion on Standards of Training, Certifi- 16, 2009, unless otherwise noted. cation and Watchkeeping for Seafarers,

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1978, as amended 1995 (the STCW Con- equivalent to a mate on a conventional vention or the STCW), incorporation vessel. by reference approved for §§ 10.107, Barge supervisor or BS means an offi- 10.109, and 10.231. cer restricted to service on MODUs (2) The Seafarers’ Training, Certifi- whose duties involve support to the off- cation and Watchkeeping Code, as shore installation manager (OIM) in amended 1995 (the STCW Code), incor- marine-related matters including, but poration by reference approved for not limited to, maintaining watertight §§ 10.107, 10.109, 10.227, and 10.231. integrity, inspecting and maintaining mooring and towing components, and [USCG–2006–24371, 74 FR 11216, Mar. 16, 2009, as amended by USCG–2009–0702, 74 FR 49224, maintaining emergency and other ma- Sept. 25, 2009] rine-related equipment. A barge supervisor, when assigned to a MODU, is § 10.105 Paperwork approval. [Re- equivalent to a mate on a conventional served] vessel. Boatswain means the leading seaman § 10.107 Definitions in subchapter B. and immediate supervisor of deck crew (a) With respect to part 16 and who supervises the maintenance of § 15.1101 of this title only, if the defini- deck gear. tions in paragraph (b) of this section Cargo engineer means a person hold- differ from those set forth in either ing an officer endorsement on a dan- § 16.105 or § 15.1101, the definition set gerous-liquid tankship or a liquefied- forth in either § 16.105 or § 15.1101, as ap- gas tankship whose primary responsi- propriate, applies. bility is maintaining the cargo system (b) As used in this subchapter, the and cargo-handling equipment. following terms apply only to mer- Chief engineer means any person re- chant marine personnel credentialing sponsible for the mechanical propul- and the manning of vessels subject to sion of a vessel and who is the holder of the manning provisions in the naviga- a valid officer endorsement as chief en- tion and shipping laws of the United gineer. States: Chief mate means the deck officer Apprentice mate (steersman) of towing next in seniority to the master and vessels means a mariner qualified to upon whom the command of the vessel perform watchkeeping on the bridge, will fall in the event of incapacity of while in training onboard a towing ves- the master. sel under the direct supervision and in Coast Guard-accepted means that the the presence of a master or mate (pilot) Coast Guard has officially acknowl- of towing vessels. edged in writing that the material or Approved means approved by the process at issue meets the applicable Coast Guard according to § 11.302 of this requirements; that the Coast Guard chapter. has issued an official policy statement Approved training means training listing or describing the material or that is approved by the Coast Guard or process as meeting the applicable re- meets the requirements of § 11.309 of quirements; or that an entity acting on this chapter. behalf of the Coast Guard under a Assistance towing means towing a dis- Memorandum of Agreement has deter- abled vessel for consideration. mined that the material or process Assistant engineer means a qualified meets the applicable requirements. officer in the engine department. Coastwise seagoing vessel means a ves- Authorized official includes, but is not sel that is authorized by its Certificate limited to, a Federal, State or local of Inspection to proceed beyond the law enforcement officer. Boundary Line established in part 7 of Ballast control operator or BCO means this chapter. an officer restricted to service on mo- Competent person as used in part 13 bile offshore drilling units (MODUs) only, means a person designated as whose duties involve the operation of such under 29 CFR 1915.7. the complex ballast system found on Conviction means that the applicant many MODUs. When assigned to a for a merchant mariner credential has MODU, a ballast control operator is been found guilty, by judgment or plea

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by a court of record of the United practiced, each work day may be cred- States, the District of Columbia, any itable as one and one-half days of serv- State, territory, or possession of the ice. On vessels of less than 100 gross United States, a foreign country, or register tons, a day is considered as any military court, of a criminal fel- eight hours unless the Coast Guard de- ony or misdemeanor or of an offense termines that the vessel’s operating described in section 205 of the National schedule makes this criteria inappro- Driver Register Act of 1982, as amended priate, in no case will this period be (49 U.S.C. 30304). If an applicant pleads less than four hours. When computing guilty or no contest, is granted de- service required for MODU endorse- ferred adjudication, or is required by ments, a day is a minimum of four the court to attend classes, make con- hours, and no additional credit is re- tributions of time or money, receive ceived for periods served over eight treatment, submit to any manner of hours. probation or supervision, or forgo ap- Deck crew (excluding individuals serv- peal of a trial court’s conviction, then ing under their officer endorsement) the Coast Guard will consider the ap- means, as used in 46 U.S.C. 8702, only plicant to have received a conviction. the following members of the deck de- A later expungement of the conviction partment: able seamen, boatswains, will not negate a conviction unless the and ordinary seamen. Coast Guard is satisfied that the Designated areas means those areas expungement is based upon a showing within pilotage waters for which first that the court’s earlier conviction was class pilot’s endorsements are issued in error. under part 11, subpart G, of this chap- Credential means any or all of the fol- ter, by the Officer in Charge, Marine lowing: Inspection (OCMI). The areas for which (1) Merchant mariner’s document. first class pilot’s endorsements are (2) Merchant mariner’s license. issued within a particular Marine In- (3) STCW endorsement. spection Zone and the specific require- (4) Certificate of registry. ments to obtain them may be obtained (5) Merchant mariner credential. from the OCMI concerned. Criminal record review means the proc- Designated duty engineer or DDE ess or action taken by the Coast Guard means a qualified engineer, who may to determine whether an applicant for, be the sole engineer on vessels with a or holder of, a credential is a safe and periodically unattended engine room. suitable person to be issued such a cre- Designated examiner means a person dential or to be employed on a vessel who has been trained or instructed in under the authority of such a creden- techniques of training or assessment tial. and is otherwise qualified to evaluate Dangerous drug means a narcotic whether an applicant has achieved the drug, a controlled substance, or a con- level of competence required to hold a trolled-substance analogue (as defined merchant mariner credential (MMC) in section 102 of the Comprehensive endorsement. This person may be des- Drug Abuse and Control Act of 1970 (21 ignated by the Coast Guard or by a U.S.C. 802)). Coast Guard-approved or accepted pro- Dangerous liquid or DL means a liquid gram of training or assessment. A fac- listed in 46 CFR 153.40 of this chapter ulty member employed or instructing that is not a liquefied gas as defined in in a navigation or engineering course this part. Liquid cargoes in bulk listed at the U.S. Merchant Marine Academy in 46 CFR part 153, table 2, of this chap- or at a State maritime academy oper- ter are not dangerous-liquid cargoes ated under 46 CFR part 310 is qualified when carried by non-oceangoing to serve as a designated examiner in barges. his or her area(s) of specialization Day means, for the purpose of com- without individual evaluation by the plying with the service requirements of Coast Guard. this subchapter, eight hours of Directly supervised, only when refer- watchstanding or day-working not to ring to issues related to tankermen, include overtime. On vessels where a means being in the direct line of sight 12-hour working day is authorized and of the person-in-charge or maintaining

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direct, two-way communications by a east as the lower exit of Saint Lambert convenient, reliable means, such as a Lock. For purposes of requiring mer- predetermined working frequency over chant mariner credentials with rating a handheld radio. endorsements, the connecting and trib- Disabled vessel means a vessel that utary waters are not part of the Great needs assistance, whether docked, Lakes. moored, anchored, aground, adrift, or Harbor assist means the use of a tow- underway, but does not mean a barge ing vessel during maneuvers to dock, or any other vessel not regularly oper- undock, moor, or unmoor a vessel, or ated under its own power. to escort a vessel with limited maneu- Drug test means a chemical test of an verability. individual’s urine for evidence of dan- Horsepower means, for the purpose of gerous drug use. this subchapter, the total maximum Employment assigned to is the total continuous shaft horsepower of all the period a person is assigned to work on vessel’s main propulsion machinery. MODUs, including time spent ashore as IMO means the International Mari- part of normal crew rotation. time Organization. Endorsement is a statement of a mari- Inland waters means the navigable ner’s qualifications, which may include waters of the United States shoreward the categories of officer, staff officer, of the Boundary Lines as described in ratings, and/or STCW appearing on a part 7 of this chapter, excluding the merchant mariner credential. Great Lakes, and, for towing vessels, Entry-level mariner means those mariners holding no rating other than ordi- excluding the Western Rivers. For es- nary seaman, wiper, or steward’s de- tablishing credit for sea service, the partment (F.H.) waters of the Inside Passage between Puget Sound and Cape Spencer, Alas- Evaluation means processing an application, from the point of receipt to ap- ka, are inland waters. proval or rejection of the application, Invalid credential means a merchant including review of all documents and mariner credential, merchant mari- records submitted with an application ner’s document, merchant mariner’s li- as well as those obtained from public cense, STCW endorsement, or certifi- records and databases. cate of registry that has been sus- Fails a chemical test for dangerous pended or revoked, or has expired. drugs means that the result of a chem- Large passenger vessel means a vessel ical test conducted under 49 CFR part of more than 70,000 gross tons, as meas- 40 was reported as ‘‘positive’’ by a Med- ured under 46 U.S.C. 14302 and docu- ical Review Officer because the chem- mented under the laws of the United ical test indicated the presence of a States, with capacity for at least 2,000 dangerous drug at a level equal to or passengers and a coastwise endorse- exceeding the levels established in 49 ment under 46 U.S.C. chapter 121. CFR part 40. Liquefied gas or LG means a cargo First assistant engineer means the en- that has a vapor pressure of 172 kPa (25 gineer officer next in seniority to the psia) or more at 37.8 °C (100 °F). chief engineer and upon whom the re- Liquid cargo in bulk means a liquid or sponsibility for the mechanical propul- liquefied gas listed in § 153.40 of this sion of the vessel will fall in the event chapter and carried as a liquid cargo or of the incapacity of the chief engineer. liquid-cargo residue in integral, fixed, Great Lakes for the purpose of calcu- or portable tanks, except a liquid cargo lating service requirements for an offi- carried in a portable tank actually cer endorsement, means the Great loaded and discharged from a vessel Lakes and their connecting and tribu- with the contents intact. tary waters including the Calumet Lower level is used as a category of River as far as the Thomas J. O’Brien deck and engineer officer endorsements Lock and Controlling Works (between established for assessment of fees. mile 326 and 327), the Chicago River as Lower-level officer endorsements are far as the east side of the Ashland Ave- other than those defined as upper level, nue Bridge (between mile 321 and 322), for which the requirements are listed and the Saint Lawrence River as far in subparts D, E, and G of part 11.

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Marine chemist means a person cer- (1) Operating a motor vehicle while tificated by the National Fire Protec- under the influence of, or impaired by, tion Association. alcohol or a controlled substance; or Master means the officer having com- (2) A traffic violation arising in con- mand of a vessel. nection with a fatal traffic accident, Mate means a qualified officer in the reckless driving, or racing on the high- deck department other than the mas- ways. ter. Near coastal means ocean waters not Merchant mariner credential or MMC more than 200 miles offshore. means the credential issued by the Non-resident alien means an alien, as Coast Guard under 46 CFR part 10. It defined under Section 101(a)(3) of the Immigration and Nationality Act (8 combines the individual merchant U.S.C. 1101 et seq.) (the Act), who is not mariner’s document, license, and cer- lawfully admitted for permanent resi- tificate of registry enumerated in 46 dence, as defined by Section 101(a)(20) U.S.C. subtitle II part E as well as the of the Act, but who is employable in STCW endorsement into a single cre- the United States under the Act and its dential that serves as the mariner’s implementing regulations, including qualification document, certificate of an alien crewman described in section identification, and certificate of serv- 101(a)(15)(D)(i) of the Act who meets ice. the requirements of 46 U.S.C. MMC application means the applica- 8103(k)(3)(A). tion for the MMC, as well as the appli- Oceans means the waters seaward of cation for any endorsement on an the Boundary Lines as described in 46 MMC. CFR part 7. For the purposes of estab- Mobile offshore drilling unit or MODU lishing sea service credit, the waters of means a vessel capable of engaging in the Inside Passage between Puget drilling operations for the exploration Sound and Cape Spencer, Alaska, are for or exploitation of subsea resources. not considered oceans. MODU designs include the following: Officer endorsement means an annota- (1) Bottom bearing units, which in- tion on a merchant mariner credential clude: that allows a mariner to serve in the (i) Self-elevating (or jack-up) units capacities in § 10.109(a). The officer en- with moveable, bottom bearing legs ca- dorsement serves as the license and/or pable of raising the hull above the sur- certificate of registry pursuant to 46 face of the sea; and U.S.C. subtitle II part E. (ii) Submersible units of ship-shape, Officer in Charge, Marine Inspection or barge-type, or novel hull design, other OCMI means, for the purposes of this than a self-elevating unit, intended for subchapter, the individual so des- operating while bottom bearing. ignated at one of the Regional Exam- ination Centers, or any person des- (2) Surface units with a ship-shape or ignated as such by the Commandant. barge-type displacement hull of single Offshore installation manager or OIM or multiple hull construction intended means an officer restricted to service for operating in a floating condition, on MODUs. An assigned offshore instal- including semi-submersibles and drill lation manager is equivalent to a mas- ships. ter on a conventional vessel and is the Month means 30 days, for the purpose person designated by the owner or op- of complying with the service require- erator to be in complete and ultimate ments of this subchapter. command of the unit. National Driver Register or NDR means On location means that a mobile off- the nationwide repository of informa- shore drilling unit is bottom bearing or tion on drivers maintained by the Na- moored with anchors placed in the tional Highway Traffic Safety Admin- drilling configuration. istration under 49 U.S.C. chapter 303. Operate, operating, or operation, as ap- NDR-listed convictions means a con- plied to the manning requirements of viction of any of the following motor vessels carrying passengers, refers to a vehicle-related offenses or comparable vessel any time passengers are em- offenses: barked whether the vessel is underway,

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at anchor, made fast to shore, or lifeboatman, or tankerman endorse- aground. ments formerly issued on merchant Operator means an individual quali- mariner’s documents. fied to operate certain uninspected ves- Raise of grade means an increase in sels. the level of authority and responsi- Orally assisted examination means an bility associated with an officer or rat- examination as described in part 11, ing endorsement. subpart I of this chapter verbally ad- Rating endorsement is an annotation ministered and documented by an ex- on a merchant mariner credential that aminer. allows a mariner to serve in those ca- when used with regard Participation, pacities set out in § 10.109(b) and (c). to the service on transfers required for The rating endorsement serves as the tankerman by §§ 13.120, 13.203, or 13.303 merchant mariner’s document pursu- of this chapter, means either actual ant to 46 U.S.C. subtitle II part E. participation in the transfers or close observation of how the transfers are Regional examination center or REC conducted and supervised. means a Coast Guard office that issues Passes a chemical test for dangerous merchant mariners’ credentials and en- drugs means that the result of a chem- dorsements. ical test conducted according to 49 CFR Restricted tankerman endorsement part 40 is reported as ‘‘negative’’ by a means a valid tankerman endorsement Medical Review Officer according to on a merchant mariner credential re- that part. stricting its holder as the Coast Guard PIC means a person in charge. deems appropriate. For instance, the Pilot of towing vessels means a quali- endorsement may restrict the holder to fied officer of a towing vessel operated one or a combination of the following: only on inland routes. A specific cargo or cargoes; a specific Pilotage waters means the navigable vessel or vessels; a specific facility or waters of the United States, including facilities; a specific employer or em- all inland waters and offshore waters ployers; a specific activity or activities to a distance of three nautical miles (such as loading or unloading in a from the baseline from which the Ter- cargo transfer); or a particular area of ritorial Sea is measured. water. Practical demonstration means the per- Rivers means a river, canal, or other formance of an activity under the di- similar body of water designated as rect observation of a designated exam- such by the Coast Guard. iner for the purpose of establishing Safe and suitable person means a per- that the performer is sufficiently pro- son whose prior record, including but ficient in a practical skill to meet a not limited to criminal record and/or specified standard of competence or NDR record, provides no information other objective criterion. indicating that his or her character Qualified instructor means a person and habits of life would support the be- who has been trained or instructed in lief that permitting such a person to instructional techniques and is otherwise qualified to provide required serve under the MMC and/or endorse- training to candidates for a merchant ment sought would clearly be a threat mariner credential endorsement. A fac- to the safety of life or property, detri- ulty member employed at a State mar- mental to good discipline, or adverse to itime academy or the U.S. Merchant the interests of the United States. See Marine Academy operated under 46 46 CFR 10.211 and 10.213 for the regula- CFR part 310 and instructing in a navi- tions associated with this definition. gation or engineering course is quali- Self propelled has the same meaning fied to serve as a qualified instructor in as the terms ‘‘propelled by machinery’’ his or her area of specialization with- and ‘‘mechanically propelled.’’ This out individual evaluation by the Coast term includes vessels fitted with both Guard. sails and mechanical propulsion. Qualified rating means various cat- Self-propelled tank vessel means a self- egories of able seaman, qualified mem- propelled tank vessel, other than a ber of the engine department, tankship.

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Senior company official means the mariner has met the requirements of president, vice president, vice presi- STCW. dent for personnel, personnel director, Tank barge means a non-self-pro- or similarly titled or responsible indi- pelled tank vessel. vidual, or a lower-level employee des- Tank vessel means a vessel that is ignated in writing by one of these indi- constructed or adapted to carry, or viduals for the purpose of certifying that carries, oil or hazardous material employment and whose signature is on in bulk as cargo or cargo residue, and file at the REC at which application is that: made. (1) Is a vessel of the United States; Service as, used when computing the (2) Operates on the navigable waters required service for MODU endorse- of the United States; or ments, means the time period, in days, (3) Transfers oil or hazardous mate- a person is assigned to work on rial in a port or place subject to the ju- MODUs, excluding time spent ashore as risdiction of the United States. part of crew rotation. A day is a min- Tankerman assistant means a person imum of four hours, and no additional holding a valid ‘‘Tankerman-Assist- credit is received for periods served ant’’ endorsement to his or her mer- over eight hours. chant mariner credential. Simulated transfer means a transfer Tankerman engineer means a person practiced in a course meeting the re- holding a valid ‘‘Tankerman-Engineer’’ quirements of § 13.121 of this chapter endorsement to his or her merchant that uses simulation supplying part of mariner credential. the service on transfers required for Tankerman PIC means a person hold- tankerman by § 13.203 or 13.303 of this ing a valid ‘‘Tankerman-PIC’’ endorse- chapter. ment on his or her merchant mariner Staff officer means a person who holds credential. an MMC with an officer endorsement Tankerman PIC (Barge) means a per- listed in § 10.109(a)(31). son holding a valid ‘‘Tankerman-PIC Standard of competence means the (Barge)’’ endorsement to his or her level of proficiency to be achieved for merchant mariner credential. the proper performance of duties on- Tankship means any tank vessel con- board vessels according to national and structed or adapted primarily to carry international criteria. oil or hazardous material in bulk as Steward’s department means the de- cargo or as cargo residue and propelled partment that includes entertainment by power or sail. personnel and all service personnel, in- Transfer means any movement of cluding wait staff, housekeeping staff, dangerous liquid or liquefied gas as and galley workers, as defined in the cargo in bulk or as cargo residue to, vessel security plan approved by the from, or within a vessel by means of Secretary under 46 U.S.C. 70103(c). pumping, gravitation, or displacement. These personnel may also be referred Section 13.127 of this chapter describes to as members of the hotel department what qualifies as participation in a on a large passenger vessel. creditable transfer. STCW means the International Con- Transportation Worker Identification vention on Standards of Training, Cer- Credential or TWIC means an identifica- tification and Watchkeeping for Sea- tion credential issued by the Transpor- farers, 1978, as amended 1995 (incor- tation Security Administration under porated by reference in § 10.103). 49 CFR part 1572. STCW Code means the Seafarer’s Underway means that a vessel is not Training, Certification and at anchor, made fast to the shore, or Watchkeeping Code, as amended 1995 aground. When referring to a mobile (incorporated by reference in § 10.103). offshore drilling unit (MODU), under- STCW endorsement means an annota- way means that the MODU is not in an tion on a merchant mariner credential on-location or laid-up status and in- that allows a mariner to serve in those cludes that period of time when the capacities under § 10.109(d). The STCW MODU is deploying or recovering its endorsement serves as evidence that a mooring system.

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Undocumented vessel means a vessel (10) Barge supervisor (BS); not required to have a certificate of (11) Ballast control operator (BCO); documentation issued under the laws of (12) Operator of uninspected pas- the United States. senger vessels (OUPV); Upper level is used as a category of (13) Master of uninspected fishing in- deck and engineer officer endorsements dustry vessels; established for assessment of fees. (14) Mate of uninspected fishing in- Upper-level endorsements are those for dustry vessels; which the requirements are listed in (15) Master of offshore supply vessels; §§ 11.404 to 11.407 of this subchapter and (16) Chief mate of offshore supply §§ 11.510, 11.512, 11.514, and 11.516 of this vessels; subchapter. (17) Mate of offshore supply vessels; Vessel Security Officer (VSO) means a (18) Chief engineer; person onboard the vessel accountable (19) Chief engineer (limited); to the Master, designated by the Com- (20) Chief engineer (limited-ocean); pany as responsible for security of the (21) Chief engineer (limited-near- vessel, including implementation and coastal); maintenance of the Vessels Security (22) First assistant engineer; Plan, and for liaison with the Facility (23) Second assistant engineer; Security Officer and the vessel’s Com- (24) Third assistant engineer; pany Security Officer. (25) Assistant engineer (limited); Western rivers means the Mississippi (26) Designated duty engineer (DDE); River, its tributaries, South Pass, and (27) Chief engineer offshore supply Southwest Pass, to the navigational vessel; demarcation lines dividing the high (28) Engineer offshore supply vessel; seas from harbors, rivers, and other in- (29) Chief engineer MODU; land waters of the United States, and (30) Assistant engineer MODU; the Port Allen-Morgan City Alternate (31) Chief engineer uninspected fish- Route, and that part of the ing industry vessels; Atchafalaya River above its junction (32) Assistant engineer uninspected with the Port Allen-Morgan City Alter- fishing industry vessels; nate Route including the Old River and (33) Radio officer; the Red River, and those waters speci- (34) First class pilot fied in 33 CFR 89.25. (35) Chief purser; Year means 360 days for the purpose (36) Purser; of complying with the service require- (37) Senior assistant purser; ments of this subchapter. (38) Junior assistant purser; (39) Medical doctor; § 10.109 Classification of endorse- (40) Professional nurse; ments. (41) Marine physician assistant; (a) The following officer endorse- (42) Hospital corpsman; and ments are established in part 11 of this (43) Radar observer. subchapter. The endorsements indicate (b) The following rating endorse- that an individual holding a valid MMC ments are established in part 12 of this with this endorsement is qualified to subchapter. The endorsements indicate serve in that capacity and the endorse- that an individual holding a valid MMC ment has been issued under the re- with this endorsement is qualified to quirements contained in part 11 of this serve in that capacity and the endorse- subchapter: ment has been issued under the re- (1) Master; quirements contained in part 12 of this (2) Chief mate; subchapter: (3) Second mate; (1) Able seaman: (4) Third mate; (i) Any waters, unlimited; (5) Mate; (ii) Limited; (6) Master of towing vessel; (iii) Special; and (7) Mate (pilot) of towing vessel; (iv) Special (OSV). (8) Apprentice mate (Steersman); (2) Ordinary seaman. (9) Offshore installation manager (3) Qualified member of the engine (OIM); department (QMED):

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(i) Refrigerating engineer; perform duties in a periodically un- (ii) Oiler; manned engineroom (RFPEW). (iii) Deck engineer; (9) Proficiency in survival craft and (iv) Fireman/Watertender; rescue boats other than fast rescue (v) Junior engineer; boats (PSC). (vi) Electrician; (10) Proficiency in fast rescue boats. (vii) Machinist; (11) Person in charge of medical care. (viii) Pumpman; (12) Medical first aid provider. (ix) Deck engine mechanic; and (13) GMDSS at-sea maintainer. (x) Engineman. (14) GMDSS operator. (4) Lifeboatman. (15) Tankerman PIC. (5) Wiper. (16) Tankerman assistant. (6) Steward’s department (17) Tankerman engineer. (7) Steward’s department (F.H.). [USCG–2006–24371, 74 FR 11216, Mar. 16, 2009, (8) Cadet. as amended by USCG–2006–24371, 74 FR 39218, (9) Student observer. Aug. 6, 2009] (10) Apprentice engineer. (11) Apprentice mate. (c) The following ratings are estab- Subpart B—General Requirements lished in part 13 of this subchapter. The for All Merchant Mariner Cre- endorsements indicate that an indi- dentials vidual holding a valid MMC with this endorsement is qualified to serve in § 10.201 General characteristics of the merchant mariner credential. that capacity and the endorsement has been issued under the requirements (a) A merchant mariner credential contained in part 13 of this subchapter: (MMC) (Coast Guard Form CG–4610), is (1) Tankerman PIC. a credential combining the elements of (2) Tankerman PIC (Barge). the merchant mariner’s document (3) Restricted tankerman PIC. (MMD), merchant mariner’s license (li- (4) Restricted tankerman PIC cense), and certificate of registry (Barge). (COR) enumerated in 46 U.S.C. subtitle (5) Tankerman assistant. II part E as well as the STCW endorse- (6) Tankerman engineer. ment issued pursuant to the STCW (d) The following STCW endorse- Convention and STCW Code incor- ments are established by STCW and porated by reference in § 10.103. MMDs, issued according to the STCW Code, licenses, STCW endorsements and STCW Convention and parts 11 and 12 CORs are no longer issued as separate of this subchapter. The endorsements documents and all qualifications for- indicate that an individual holding a merly entered on those separate docu- valid MMC with this endorsement is ments appear in the form of an en- qualified to serve in that capacity and dorsement(s) on an MMC. the endorsement has been issued under (b) An MMC authorizes the holder to the requirements contained in parts 11 serve in any capacity endorsed thereon, or 12 of this subchapter as well as the or in any lower capacity in the same STCW Code and STCW Convention (in- department, or in any capacity covered corporated by reference see § 10.103): by a general endorsement. (1) Master. (c) An MMC may be issued to quali- (2) Chief mate. fied applicants by the National Mari- (3) Officer in charge of a navigational time Center or at any Regional Exam- watch (OICNW). ination Center during usual business (4) Chief engineer. hours, or through the mail. (5) Second engineer officer. (6) Officer in charge of an engineering § 10.203 Requirement to hold a TWIC watch in a manned engineroom or des- and a merchant mariner credential. ignated duty engineer in a periodically (a) Any mariner required to hold a li- unmanned engineroom (OICEW). cense, MMD, COR, and/or an STCW en- (7) Rating forming part of a naviga- dorsement by a regulation in 33 CFR tional watch (RFPNW). chapter I or 46 CFR chapter I must hold (8) Rating forming part of a watch in an MMC. A mariner may continue to a manned engineroom or designated to serve under the authority of and within

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any restriction on their license, MMD, capacity in the same department, or in COR, and/or STCW endorsement until any capacity covered by a general en- the first renewal or upgrade of that dorsement thereon. credential, but not later than April 15, (h) If a mariner chooses to renew his 2014. or her license, MMD, COR, or STCW en- (b) Failure to obtain or hold a valid dorsement and receive their first MMC, TWIC serves as a basis for the denial of the Coast Guard may also renew all an application for an original, renewal, other credentials for which the mariner new endorsement, duplicate, or raise of is qualified. grade of a mariner’s credential and may serve as a basis for suspension and § 10.207 Identification number. revocation under 46 U.S.C. 7702 and 7703. For recordkeeping purposes only, a (c) An MMC, license, MMD, COR, or mariner’s official MMC identification STCW endorsement must be retained number is the individual’s social secu- by the mariner to whom it was issued rity number. However, a unique serial and, while valid, must be produced to number, and not the social security verify qualifications when requested by number, will appear on the credential. an authorized official as identified in 33 CFR 101.515(d). Posting of the officer § 10.209 General application proce- endorsement may be necessary as re- dures. quired in 46 U.S.C. 7110. (a) The applicant for an MMC, wheth- (d) Although an MMD and an MMC er original, renewal, duplicate, raise of serve as certificates of identification, a grade, or a new endorsement on a pre- TWIC must be retained by the mariner viously issued MMC, must establish to to whom it was issued and, while valid, the Coast Guard that he or she satisfies serves as the mariner’s primary identi- all the requirements for the MMC and fication document. The TWIC must be endorsement(s) sought before the Coast produced to verify identity when re- Guard will issue the MMC. This section quired by an authorized official as contains the general requirements for identified in 33 CFR 101.515(d). all applicants. Additional requirements § 10.205 Validity of a merchant mar- for duplicates, renewals, new endorse- iner credential. ments, and raises of grade appear later (a) An MMC is valid for a term of five in this part. years from the date of issuance. (b) The Coast Guard may refuse to (b) All endorsements are valid until process an incomplete MMC applica- the expiration date of the MMC on tion. The requirements for a complete which they appear. application for an original MMC are (c) A mariner may not serve under contained in § 10.225, the requirements the authority of an MMC past its expi- for a renewal MMC application are in ration date. An expired MMC may be § 10.227, the requirements for a dupli- renewed during an administrative cate MMC application are contained in grace period of up to one year beyond § 10.229, and the requirements for an ap- its expiration date as per § 10.227(f) of plication for a new endorsement or this part. raise of grade are contained in § 10.231. (d) When an MMC is renewed or re- (c) Applications are valid for 12 issued before its expiration date in ac- months from the date that the Coast cordance with § 10.227, the MMC that Guard approves the application. has been replaced becomes invalid. (d) The portions of the application (e) An MMC is not valid until signed that may be submitted by mail, fax, or by the applicant and a duly authorized other electronic means may include: Coast Guard official. (f) A mariner’s STCW endorsement is (1) The application, consent for NDR valid only when the related officer or check, and notarized oath on Coast rating endorsement is valid. Guard-furnished forms, and the evalua- (g) A mariner’s endorsements author- tion fee required by § 10.219 of this part; ize the holder to serve in any capacity endorsed on the MMC, or in any lower

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(2) The applicant’s continuous dis- (i) Beginning on April 15, 2009, no MMC charge book, certificate of identifica- or endorsement will be issued until the tion, MMD, MMC, license, STCW en- Coast Guard receives the following in- dorsement, COR, or, if it has not ex- formation from the applicant’s TWIC pired, a photocopy of the credential, in- application: the applicant’s finger- cluding the back and all attachments; prints, FBI number and criminal record (3) Proof, documented on a form pro- (if applicable), photograph, proof of vided by the Coast Guard, that the ap- United States citizenship, or Nation- plicant passed the applicable vision, ality with proof of legal resident status hearing, medical or physical exam as (if applicable). If the information is not required by § 10.215 of this part; available from TSA, the mariner may (4) If the applicant desires a creden- be required to visit a Regional Exam tial with a radar-observer endorsement Center to provide this information. in accordance with § 11.480 of this chap- (ii) Until April 15, 2009, no applica- ter, either the radar-observer certifi- tion for an MMC or endorsement will cate or a certified copy; be considered complete until the appli- (5) Evidence of, or acceptable sub- cant appears at a Regional Exam Cen- stitute for, sea service, if required; ter to provide the following informa- (6) For an endorsement as a medical tion: the applicant’s fingerprints, pho- doctor or professional nurse as required tograph, proof of United States citizen- in § 11.807, evidence that the applicant ship, or Nationality with proof of legal holds a currently valid, appropriate li- resident status (if applicable). cense as physician, surgeon, or reg- (f) Upon determining that the appli- istered nurse, issued under the author- cant satisfactorily meets all require- ity of a state or territory of the United ments for an MMC or an endorsement States, the Commonwealth of Puerto thereon, the Coast Guard will issue the Rico, or the District of Columbia. Any properly endorsed MMC to the appli- MMC issued will retain any limitation cant. Beginning April 15, 2009, the associated with the medical license; Coast Guard will not issue an MMC (7) Any certificates or other supple- until it has received proof that the mentary materials required to show mariner holds a valid TWIC. that the mariner meets the mandatory requirements for the specific endorse- (g) When a new MMC is issued, the ment sought, as established in parts 11, mariner must return the previously 12 or 13 of this chapter; and issued MMC, license, MMD, COR, or (8) An open-book exercise, in accord- STCW endorsement to the Coast ance with § 10.227(d)(8)(i) of this part. Guard, unless the new MMC is being (e) The following requirements must issued to replace a lost or stolen cre- be satisfied before an original or re- dential. Upon written request at the newal MMC, or new endorsement or a time of application, the cancelled, pre- raise of grade added to a previously viously issued credential(s) will be reissued MMC, will be issued. These ma- turned to the applicant. terials will be added to the individual’s (h) Unless otherwise stated in this record by the Coast Guard: Part, an applicant who fails a chemical (1) Determination of safety and suit- test for dangerous drugs will not be ability. No MMC will be issued as an issued an MMC. original or reissued with a new expiration date, and no new officer endorse- § 10.211 Criminal record review. ment will be issued if the applicant (a) The Coast Guard may conduct a fails the criminal record review as set criminal record review to determine forth in § 10.211 of this part; the safety and suitability of an appli- (2) NDR review. No MMC will be cant for an MMC and any endorse- issued as an original or reissued with a ments. An applicant conducting simul- new expiration date, and no new officer taneous MMC transactions will under- endorsement will be issued until the go a single criminal record review. At applicant has passed an NDR review as the time of application, each applicant set forth in § 10.213 of this part; and must provide written disclosure of all (3) Information supplied by the Trans- convictions not previously disclosed to portation Security Administration (TSA). the Coast Guard on an application.

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(b) A criminal record review is not foreign country, by any military or ci- required for applicants seeking a dupli- vilian court, is eligible for an MMC, ex- cate MMC under § 10.229. cept as provided elsewhere in this sec- (c) Fingerprints. Beginning April 15, tion. No person who has ever been the 2009, the Transportation Security Ad- user of, or addicted to the use of a dan- ministration (TSA) will provide to the gerous drug, or has ever been convicted Coast Guard the applicant’s finger- of an offense described in section 205 of prints submitted by the applicant with the National Driver Register Act of his or her TWIC application and, if ap- 1982, as amended (49 U.S.C. 30304) be- plicable, the applicant’s FBI number cause of addiction to or abuse of alco- and criminal record generated in the hol is eligible for an MMC, unless he or TWIC review process. This information, she furnishes satisfactory evidence of or the fingerprints taken by the Coast suitability for service in the merchant Guard at an REC, will be used by the marine as provided in paragraph (l) of Coast Guard to determine whether the this section. A conviction for a drug of- applicant has a record of any criminal fense more than 10 years before the convictions. date of application will not alone be (d) When a criminal record review grounds for denial. leads the Coast Guard to determine that an applicant is not a safe and suit- (g) The Coast Guard will use table able person or cannot be entrusted 10.211(g) to evaluate applicants who with the duties and responsibilities of have criminal convictions. The table the MMC or endorsement applied for, lists major categories of criminal ac- the application may be disapproved. tivity and is not to be construed as an (e) If an application is disapproved, all-inclusive list. If an applicant is con- the applicant will be notified in writ- victed of an offense that does not ap- ing of that fact, the reason or reasons pear on the list, the Coast Guard will for disapproval, and advised that the establish an appropriate assessment pe- appeal procedures in subpart 1.03 of riod using the list as a guide. The as- part 1 of this chapter apply. No exam- sessment period commences when an ination will be given pending decision applicant is no longer incarcerated. on appeal. The applicant must establish proof of (f) No person who has been convicted the time incarcerated and periods of of a violation of the dangerous drug probation and parole to the satisfac- laws of the United States, the District tion of the Coast Guard. The assess- of Columbia, any State, territory, or ment period may include supervised or possession of the United States, or a unsupervised probation or parole.

TABLE 10.211(g)—GUIDELINES FOR EVALUATING APPLICANTS FOR MMCS WHO HAVE CRIMINAL CONVICTIONS

Assessment periods Crime 1 Minimum Maximum

Assessment Periods for Officer and Rating Endorsements

Crimes Against Persons: Homicide (intentional) ...... 7 years ...... 20 years. Homicide (unintentional) ...... 5 years ...... 10 years. Assault (aggravated) ...... 5 years ...... 10 years. Assault (simple) ...... 1 year ...... 5 years. Sexual Assault (rape, child molestation) ...... 5 years ...... 10 years. Robbery ...... 5 years ...... 10 years. Other crimes against persons 2

Vehicular Crimes

Conviction involving fatality ...... 1 year ...... 5 years. Reckless Driving ...... 1 year ...... 2 years. Racing on the Highways ...... 1 year ...... 2 years. Other vehicular crimes 2

Crimes Against Public Safety

Destruction of Property ...... 5 years ...... 10 years.

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TABLE 10.211(g)—GUIDELINES FOR EVALUATING APPLICANTS FOR MMCS WHO HAVE CRIMINAL CONVICTIONS—Continued

Assessment periods Crime 1 Minimum Maximum

Other crimes against public safety 2

Dangerous Drug Offenses 345

Trafficking (sale, distribution, transfer) ...... 5 years ...... 10 years. Dangerous drugs (Use or possession) ...... 1 year ...... 10 years. Other dangerous drug convictions 6

Assessment Periods for Officer Endorsements Only

Criminal Violations of Environmental Laws

Criminal violations of environmental laws involving improper handling of 1 year ...... 10 years. pollutants or hazardous materials.

Crimes Against Property

Burglary ...... 3 years ...... 10 years. Larceny (embezzlement) ...... 3 years ...... 5 years. Other crimes against property 2 1 Conviction of attempts, solicitations, aiding and abetting, accessory after the fact, and conspiracies to commit the criminal conduct listed in this table carry the same minimum and maximum assessment periods provided in the table. 2 Other crimes will be reviewed by the Coast Guard to determine the minimum and maximum assessment periods depending on the nature of the crime. 3 Applicable to original applications only. Any applicant who has ever been the user of, or addicted to the use of, a dangerous drug shall meet the requirements of paragraph (f) of this section. Note: Applicants for reissue of an MMC with a new expiration date including a renewal or additional endorsement(s), who have been convicted of a dangerous drug offense while holding a license, MMC, MMD, STCW endorsement or COR, may have their application withheld until appropriate action has been completed by the Coast Guard under the regulations which appear in 46 CFR part 5 governing the administrative actions against merchant mariner credentials. 4 The Coast Guard may consider dangerous drug convictions more than 10 years old only if there has been another dangerous drug conviction within the past 10 years. 5 Applicants must demonstrate rehabilitation under paragraph (l) of this section, including applicants with dangerous drug use convictions more than 10 years old. 6 Other dangerous drug convictions will be reviewed by the Coast Guard on a case by case basis to determine the appropriate assessment period depending on the nature of the offense.

(h) When an applicant has convic- and/or endorsement in less than the tions for more than one offense, the listed minimum assessment period if minimum assessment period will be the the Coast Guard is satisfied that the longest minimum in table 10.211(g) and applicant is suitable to hold the MMC table 10.213(c) in § 10.213 based upon the and/or endorsement for which he or she applicant’s convictions; the maximum has applied. If an application filed be- assessment period will be the longest fore the minimum assessment period shown in table 10.211(g) and table has elapsed does not include evidence 10.213(c) of § 10.213 based upon the appli- of suitability for service in the mer- cant’s convictions. chant marine, then the application will (i) If a person with a criminal convic- be considered incomplete and will not tion applies before the minimum as- be processed by the Coast Guard. sessment period shown in table 10.211(g) or established by the Coast (j) If a person with a criminal convic- Guard under paragraph (g) of this section submits their MMC application tion has elapsed, then the applicant during the time between the minimum must provide, as part of the application and maximum assessment periods package, evidence of suitability for shown in table 10.211(g) or established service in the merchant marine. Fac- by the Coast Guard under paragraph (g) tors that are evidence of suitability for of this section, then the Coast Guard service in the merchant marine are will consider the conviction and, unless listed in paragraph (l) of this section. there are offsetting factors, will grant The Coast Guard will consider the ap- the applicant the MMC and/or endorse- plicant’s evidence submitted with the ment for which he or she has applied. application and may issue the MMC Offsetting factors include such factors

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as multiple convictions, failure to com- (3) Character references from persons ply with court orders (e.g., child sup- who can attest to the applicant’s sobri- port orders), previous failures at reha- ety, reliability, and suitability for em- bilitation or reform, inability to main- ployment in the merchant marine in- tain steady employment, or any con- cluding parole or probation officers; nection between the crime and the safe (4) Steady employment; and operation of a vessel. If the Coast (5) Successful completion of all con- Guard considers the applicant unsuit- ditions of parole or probation. able for service in the merchant marine at the time of application, the [USCG–2006–24371, 74 FR 11216, Mar. 16, 2009, Coast Guard may disapprove the appli- as amended by USCG–2006–24371, 74 FR 39218, cation. Aug. 6, 2009] (k) If a person with a criminal conviction submits their MMC application § 10.213 National Driver Register. after the maximum assessment period (a) No MMC will be issued as an origi- shown in table 10.211(g) or established nal or reissued with a new expiration by the Coast Guard under paragraph (g) date, and no new officer endorsement of this section has elapsed, then the will be issued, unless the applicant con- Coast Guard will grant the applicant sents to a check of the NDR for of- the MMC or endorsement for which he fenses described in section 205(a)(3)(A) or she has applied unless the Coast or (B) of the NDR Act (i.e., operation of Guard considers the applicant still un- a motor vehicle while under the influ- suitable for service in the merchant ence of, or impaired by, alcohol or a marine. If the Coast Guard disapproves an applicant with a conviction older controlled substance; and any traffic than the maximum assessment period violations arising in connection with a listed in table 10.211(g), the Coast fatal traffic accident, reckless driving, Guard will notify the applicant in writ- or racing on the highways). ing of the reason(s) for the disapproval. (b) The Coast Guard will not consider The Coast Guard will also inform the NDR-listed civil convictions that are applicant, in writing, that the recon- more than three years old from the sideration and appeal procedures con- date of request unless that information tained in subpart 1.03 of this chapter relates to a current suspension or rev- apply. ocation of the applicant’s license to op- (l) If an applicant has one or more al- erate a motor vehicle. The Coast Guard cohol or dangerous drug related crimi- may determine minimum and max- nal or NDR-listed convictions, if the imum assessment periods for NDR-list- applicant has ever been the user of, or ed criminal convictions using table addicted to the use of, a dangerous 10.213(c). An applicant conducting si- drug, or if the applicant applies before multaneous MMC transactions is sub- the minimum assessment period has ject to only one NDR check. elapsed for his or her conviction, the (c) The guidelines in table 10.213(c) Coast Guard may consider the fol- will be used by the Coast Guard in lowing factors, as applicable, in assessing the applicant’s suitability to hold evaluating applicants who have drug or an MMC. This list is intended as a alcohol related NDR-listed convictions. guide for the Coast Guard. The Coast Non-drug or alcohol related NDR-listed Guard may consider other factors ap- convictions will be evaluated by the propriate to a particular applicant, Coast Guard under table 10.211(g) of such as: § 10.211 as applicable. The Coast Guard (1) Proof of completion of an accred- will consider non-drug or alcohol re- ited alcohol or drug abuse rehabilita- lated NDR-listed convictions that are tion program; more than three years old from the (2) Active membership in a rehabili- date of the request when the informa- tation or counseling group, such as Al- tion relates to a current suspension or coholics Anonymous or Narcotics revocation of the applicant’s license to Anonymous; operate a motor vehicle.

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TABLE 10.213(c)—GUIDELINES FOR EVALUATING APPLICANTS FOR MMCS WHO HAVE NDR MOTOR VEHICLE CONVICTIONS INVOLVING DANGEROUS DRUGS OR ALCOHOL 1

Number of convictions Date of conviction Assessment period

1 ...... Less than 1 year ...... 1 year from date of conviction. 1 ...... More than 1, less than 3 years Application will be processed, unless suspension, or revocation 2 is still in effect. Applicant will be advised that additional conviction(s) may jeopardize merchant mariner credentials. 1 ...... More than 3 years old ...... Not necessary unless suspension or revocation is still in effect. 2 or more ...... Any less than 3 years old ...... 1 year since last conviction and at least 3 years from 2nd most recent conviction, unless suspension or revocation is still in effect. 2 or more ...... All more than 3 years old ...... Application will be processed unless suspension or revocation is still in effect. 1 Any applicant who has ever been the user of, or addicted to the use of, a dangerous drug shall meet the requirements of paragraph (f) of this section. 2 Suspension or revocation, when referred to in table 10.213, means a State suspension or revocation of a motor vehicle operator’s license.

(d) Any application may be dis- an MMC. This list is intended as a approved if information from the NDR guide for the Coast Guard. The Coast check leads the Coast Guard to deter- Guard may consider other factors, mine that the applicant cannot be en- which it judges appropriate to a par- trusted with the duties and responsibil- ticular applicant, such as: ities of the MMC or endorsement for (1) Proof of completion of an accred- which the application is made. If an ap- ited alcohol or drug abuse rehabilita- plication is disapproved, the Coast tion program; Guard will notify the applicant in writ- (2) Active membership in a rehabili- ing of the reason(s) for disapproval and tation or counseling group, such as Al- advise the applicant that the appeal coholics Anonymous or Narcotics procedures in subpart 1.03 of part 1 of Anonymous; this chapter apply. No examination (3) Character references from persons will be given pending decision on ap- who can attest to the applicant’s sobri- peal. ety, reliability, and suitability for em- (e) Before disapproving an applica- ployment in the merchant marine in- tion because of information received cluding parole or probation officers; from the NDR, the Coast Guard will (4) Steady employment; and make the information available to the (5) Successful completion of all con- applicant for review and written com- ditions of parole or probation. ment. The applicant may submit [USCG–2006–24371, 74 FR 11216, Mar. 16, 2009, records from the applicable State con- as amended by USCG–2006–24371, 74 FR 39218, cerning driving record and convictions Aug. 6, 2009] to the Coast Guard REC processing the application. The REC will hold an ap- § 10.214 Security Check. plication with NDR-listed convictions Until April 15, 2009, the Coast Guard pending the completion of the evalua- may conduct a security check on an tion and delivery by the individual of applicant for an MMC, utilizing the the underlying State records. criminal record review discussed in (f) If an applicant has one or more al- § 10.211 of this part. cohol or dangerous drug related criminal or NDR-listed convictions, if the § 10.215 Medical and physical require- applicant has ever been the user of, or ments. addicted to the use of, a dangerous (a) Medical and Physical Exams. To drug, or if the applicant applies before qualify for an MMC an applicant must the minimum assessment period for his meet the medical and physical stand- or her conviction has elapsed, the ards in this section. Columns 2 through Coast Guard may consider the fol- 5 of table 10.215(a) provide the specific lowing factors, as applicable, in assess- exam, test, or demonstrations required ing the applicant’s suitability to hold to obtain the corresponding credential

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listed in column 1. Further clarifica- on vessels and tank barges of 1,600 GRT tions of the requirements contained in or more must satisfactorily complete the table are found throughout this annual medical exams and, unless ex- section. Any required test, exam, or empt per 46 CFR 16.220, pass annual demonstration must have been per- chemical tests for dangerous drugs and formed, witnessed, or reviewed by a li- submit the results to the Coast Guard. censed medical doctor, licensed physi- (2) Medical exams for Great Lakes cian assistant, or licensed nurse practi- Pilots must be conducted by a licensed tioner. medical doctor in accordance with the (1) First-class pilots, and those serv- physical exam requirements in 46 CFR ing as pilots under § 15.812 of this part, 402.210.

TABLE 10.215(a)—MEDICAL AND PHYSICAL REQUIREMENTS FOR MARINER ENDORSEMENTS

Demonstration Credential Vision test Hearing test General med- of physical ical exam ability

(i) Deck officer, including pilot ...... § 10.215(b)(1) § 10.215(c) § 10.215(d)(1) § 10.215(e)(1) (ii) Engineering officer ...... § 10.215(b)(2) § 10.215(c) § 10.215(d)(1) § 10.215(e)(1) (iv) Radio officer ...... § 10.215(b)(2) § 10.215(c) § 10.215(d)(1) § 10.215(e)(1) (v) Offshore installation manager, barge supervisor, or bal- § 10.215(b)(2) § 10.215(c) § 10.215(d)(1) § 10.215(e)(1) last control operator. (vi) Able seaman ...... § 10.215(b)(1) § 10.215(c) § 10.215(d)(1) § 10.215(e)(1) (vii) QMED...... § 10.215(b)(2) § 10.215(c) § 10.215(d)(1) § 10.215(e)(1) (viii) RFPNW...... § 10.215(b)(1) § 10.215(c) § 10.215(d)(1) § 10.215(e)(1) (ix) RFPEW...... § 10.215(b)(2) § 10.215(c) § 10.215(d)(1) § 10.215(e)(1) (x) Tankerman...... § 10.215(b)(2) § 10.215(c) § 10.215(d)(1) § 10.215(e)(1) (xi) Food handler serving on vessels to which STCW does § 10.215(d)(2) not apply. (xii) Food handler serving on vessels to which STCW ap- § 10.215(d)(2) § 10.215(e)(1) plies. (xiii) Ratings, including entry level, serving on vessels to § 10.215(e)(2) which STCW applies, other than those listed above.

(b) Vision Test—(1) Deck Standard. An (2) Engineering, radio operator, applicant must have correctable vision tankerman, and MODU standard. An to at least 20/40 in one eye and uncor- applicant must have correctable vision rected vision of at least 20/200 in the of at least 20/50 in one eye and uncor- same eye. An applicant having lost vi- rected vision of at least 20/200 in the sion in one eye must wait six months same eye and need only have the abil- before application and provide a state- ity to distinguish the colors red, green, ment of demonstrated ability on his or blue and yellow. her medical examination. The color (3) Any applicant whose uncorrected sense must be determined to be satis- vision does not meet the standards list- factory when tested by any of the fol- ed above, and is granted a waiver in ac- lowing methods or an alternative test cordance with paragraph (g) of this sec- approved by the Coast Guard, without tion, may not serve under the author- the use of color-sensing lenses: ity of the endorsement unless correc- (i) Pseudoisochromatic Plates tive lenses are worn and spare lenses (Dvorine, 2nd Edition; AOC; revised are carried onboard a vessel. edition or AOC–HRR; Ishihara 14-, 24-, (c) Hearing test. If the medical practi- or 38-plate editions). tioner conducting the general medical (ii) Eldridge-Green Color Perception exam has concerns that an applicant’s Lantern. ability to hear may impact maritime (iii) Farnsworth Lantern. safety, the examining medical practi- (iv) Keystone Orthoscope. tioner, if not qualified to conduct the (v) Keystone Telebinocular. appropriate examinations, must refer (vi) SAMCTT (School of Aviation the applicant to an audiologist or other Medicine Color Threshold Tester). hearing specialist to conduct an audi- (vii) Titmus Optical Vision Tester. ometer test and/or a speech discrimina- (viii) Williams Lantern. tion test, as appropriate.

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(1) The audiometer test should in- ity, the examiner must be satisfied clude testing at the following thresh- that the applicant: olds: 500 Hz; 1,000 Hz; 2,000 Hz; and 3,000 (i) Has no disturbance in the sense of Hz. The frequency responses for each balance; ear should be averaged to determine (ii) Is able, without assistance, to the measure of an applicant’s hearing climb up and down vertical ladders and ability. Applicants must demonstrate inclined stairs; an unaided threshold of 20 decibels or (iii) Would be able, without assist- less in each ear. ance, to step over a door sill or coa- (2) The functional speech discrimina- ming; tion test should be carried out at a (iv) Would be able to grasp, lift, and level of 55 decibels. For issuance of an manipulate various common shipboard original MMC or endorsement the ap- tools; move hands and arms to open plicant must demonstrate functional and close valve wheels in vertical and speech discrimination of at least 90%. horizontal directions, and rotate wrists For renewal or raise of grade, the ap- to turn handles; plicant must demonstrate functional speech discrimination of at least 80%. (v) Does not have any impairment or An applicant who is unable to meet the disease that could prevent normal standards of the audiometer test, but movement and physical activities; who can pass the functional speech dis- (vi) Is able to stand and walk for ex- crimination test, may be eligible for a tended periods; medical waiver in accordance with (vii) Does not have any impairment paragraph (g) of this section. or disease that could prevent response (d) General medical exam. (1) This to a visual or audible alarm; and exam must be documented and of such (viii) Is capable of normal conversa- scope to ensure that there are no con- tion. ditions that pose an inordinate risk of (f) Reports of medical and physical sudden incapacitation or debilitating exams, demonstrations, and tests. These complication. This exam must also reports must be submitted within 12 document any condition requiring months from the date signed by the li- medication that impairs judgment or censed medical professional. When sub- reaction time. Examples of physical mitted with a complete application impairment or medical conditions that package these reports remain valid for could lead to disqualification include, 12 months from the date of the applica- but are not limited to, poorly con- tion approval. trolled diabetes, myocardial infarc- (g) Medical waivers. Where an appli- tions, psychiatric disorders, and con- cant does not possess the vision, hear- vulsive disorders. ing, or general physical condition nec- (2) Food handlers are not required to essary, the Coast Guard, after con- submit to a general medical exam, but sultation with the examining licensed must obtain a statement from a li- physician, licensed physician assistant, censed physician, physician assistant, or licensed nurse practitioner may or nurse practitioner attesting that grant a waiver if extenuating cir- they are free of communicable dis- cumstances warrant special consider- eases. ation. An applicant may submit to the (e) Demonstration of physical ability. Coast Guard additional correspond- (1) A demonstration of physical ability ence, records, and reports in support of is required only if the medical practi- a waiver. In this regard, recommenda- tioner conducting the general medical tions from agencies of the Federal Gov- exam is concerned that an applicant’s ernment operating government vessels, physical ability may impact maritime as well as owners and operators of pri- safety or if table 10.215(a) shows that vate vessels, made on behalf of their the mariner must pass a demonstration employees, will be given full consider- of physical ability, but he or she is not ation. Waivers are not normally grant- required to pass a general medical ed to an applicant whose corrected vi- exam. sion in the better eye is not at least 20/ (2) For an applicant to satisfactorily 40 for deck officers or 20/50 for engineer pass a demonstration of physical abil- officers.

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(h) Individuals holding only a staff Details will instruct the recipient of officer endorsement need not meet the each temporary permit to present it to medical and physical requirements of the OCMI, upon arrival in the first port this section. in the United States in order to exchange it for a permanent credential. [USCG–2006–24371, 74 FR 11216, Mar. 16, 2009, as amended by USCG–2010–0759, 75 FR 60001, (2) The temporary permit must be ac- Sept. 29, 2010] cepted by the OCMI as proof that the bearer has complied with the rules and § 10.217 Merchant mariner credential regulations governing the issuance of application and examination loca- credentials, except as noted in the body tions. of the temporary permit. The require- (a) Applicants may apply to any of ments noted in the exceptions will be the Regional Examination Centers. Ap- complied with as in the case of other plicants may contact the National applicants. Maritime Center at 100 Forbes Drive, (3) The written examinations are for- Martinsburg, WV 25404, or by telephone warded to the National Maritime Cen- 1–888–427–5662 or 304–433–3400. A list of ter by Merchant Marine Details. When Regional Examination Center locations an applicant with a temporary permit is available through the Coast Guard appears before an OCMI, that OCMI Web site at http://www.uscg.mil/stcw. may request and obtain the examina- (b) Coast Guard-designated facilities. tion from the National Maritime Cen- The Coast Guard may designate addi- ter. Any OCMI who doubts the pro- tional locations to provide services to priety of issuing a permanent creden- applicants for MMCs. tial instead of a temporary permit (c) Exam Locations Abroad. (1) Coast which has been issued by an overseas Guard Merchant Marine Details abroad Merchant Marine Detail must inform may conduct exams for ratings at loca- the National Maritime Center fully as tions other than the RECs, but are not to the circumstances. prepared to conduct the physical examination where required. Merchant Ma- § 10.219 Fees. rine Details may not issue regular rat- (a) Use table 10.219(a) of this section ing endorsements, but temporary per- to calculate the mandatory fees for mits in lieu thereof. Merchant Marine MMCs and associated endorsements.

TABLE 10.219(a) FEES

And you need . . . If you apply for Evaluation then Examination then Issuance then the the fee is . . . the fee is . . . fee is . . .

MMC with officer endorsement: Original:. Upper level ...... $100 ...... $110 ...... $45 Lower level ...... 100 ...... 95 ...... 45 Renewal ...... 50 ...... 45 ...... 45 Raise of grade ...... 100 ...... 45 ...... 45 Modification or removal of limitation or scope ...... 50 ...... 45 ...... 45 Radio officer endorsement: Original ...... 50 ...... 45 ...... 45 Renewal ...... 50 ...... n/a ...... 45 Staff officer endorsements: Original ...... 90 ...... n/a ...... 45 Renewal ...... 50 ...... n/a ...... 45 MMC with rating endorsement: Original endorsement for ratings other than qualified ratings ...... 95 ...... n/a ...... 45 Original endorsement for qualified rating ...... 95 ...... 140 ...... 45 Upgrade or Raise of Grade ...... 95 ...... 140 ...... 45 Renewal endorsement for ratings other than qualified ratings ...... 50 ...... n/a ...... 45 Renewal endorsement for qualified rating ...... 50 ...... 45 ...... 45 STCW certification: Original ...... No fee ...... No fee ...... No fee Renewal ...... No fee ...... No fee ...... No fee Reissue, replacement, and duplicate ...... n/a ...... n/a ...... 1 $45 1 Duplicate for MMC lost as result of marine casualty—No Fee.

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(b) Fee payment procedures. Appli- will be charged. No evaluation fee is cants may pay: charged for an STCW endorsement. (1) All fees required by this section at (2) Examination fees. One examination the time the application is submitted; fee will be charged for each exam or se- or ries of exams for an original, raise of (2) A fee for each phase at the fol- grade, or renewal of an endorsement on lowing times: an MMC taken within one year from (i) An evaluation fee when the appli- the date of the application approval. cation is submitted. An examination fee will also be (ii) An examination fee before the charged to process an open-book exer- first examination section is taken. cise used to renew an MMC. If an offi- (iii) An issuance fee before receipt of cer endorsement examination under the MMC. part 11 of this chapter also fulfills the (c) If the examination is adminis- examination requirements in part 12 of tered at a place other than an REC, the this chapter for rating endorsements, examination fee must be paid to the only the fee for the officer endorse- REC at least one week before the ment examination is charged. scheduled examination date. (3) Issuance fees. Only one issuance (d) Unless the REC provides addi- fee will be charged for each MMC tional payment options, fees must be issued, regardless of the number of en- paid as follows: dorsements placed on the credential. (1) Fee payment(s) must be for the There is no fee for a Document of Con- exact amount. tinuity. (2) Payments may be made by cash, (f) The Coast Guard may assess addi- check, money order, or credit card. tional charges to anyone to recover (3) Payments submitted by mail may collection and enforcement costs asso- not be made in cash. Mailed payments ciated with delinquent payments, fail- should specify the type of credential ure to pay a fee, or returned checks. sought and the type of fee (e.g., evalua- The Coast Guard will not provide tion, examination, issuance) being credentialing services to a mariner who paid. The address for sending payment owes money for credentialing services by mail can be found at http:// previously provided. www.uscg.mil/stcw/ldcr-userfees.htm. (4) Checks or money orders are to be (g) Anyone who fails to pay a fee or made payable to the U.S. Coast Guard, charge established under this subpart and the full legal name and last four is liable to the United States Govern- digits of applicant’s security number ment for a civil penalty of not more must appear on the front of each check than $6,500 for each violation. or money order. (h) No-fee MMC for certain applicants. (5) Fee payment may be made by (1) For the purpose of this section, a electronic payment in a manner speci- no-fee MMC applicant is a person who fied by the Coast Guard. For informa- is a volunteer, or a part-time or full- tion regarding current forms of elec- time employee of an organization that tronic payment, go to http:// is: www.uscg.mil/stcw/ldcr-userfees.htm. (i) Charitable in nature; (e) Unless otherwise specified in this (ii) Not for profit; and part, when two or more endorsements (iii) Youth oriented. are processed on the same application: (2) Determination of eligibility. (i) An (1) Evaluation fees. If an applicant si- organization may submit a written re- multaneously applies for a rating en- quest to U.S. Coast Guard National dorsement and a deck or engineer offi- Maritime Center, 100 Forbes Drive, cer’s endorsement, only the evaluation Martinsburg, WV 25404, in order to be fee for the officer’s endorsement will be considered an eligible organization charged. If an applicant simulta- under the criteria set forth in para- neously applies for a staff officer or graph (h)(1) of this section. With the radio officer endorsement along with written request, the organization must the deck or engineer officer’s endorse- provide evidence of its status as a ment, only the evaluation fee for the youth-oriented, not-for-profit, chari- deck or engineer officer’s endorsement table organization.

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(ii) The following organizations are mitted to the Transportation Security accepted by the Coast Guard as meet- Administration (TSA) with the appli- ing the requirements of paragraph cant’s TWIC application in accordance (h)(1) of this section and need not sub- with 49 CFR 1572.17(a)(11). Until April mit evidence of their status: Boy 15, 2009, proof of citizenship or alien Scouts of America, Sea Explorer Asso- status must be submitted by appearing ciation, Girl Scouts of the United at a Regional Exam Center. States of America, and Young Men’s (c) TSA and the Coast Guard may re- Christian Association of the United ject any evidence of citizenship that is States of America. not believed to be authentic. Accept- (3) A letter from an organization de- able evidence of citizenship may be an termined eligible under paragraph original or a copy certified as true by (h)(2) of this section must also accom- the agency responsible for issuing the pany the person’s MMC application to document of the following: the Coast Guard. The letter must state that the purpose of the person’s appli- (1) If the individual is applying for an cation is solely to further the conduct officer endorsement (with the excep- of the organization’s maritime activi- tion of those applying for an MMC en- ties. The applicant then is eligible dorsed only as Operator of an under this section to obtain a no-fee Uninspected Passenger Vehicle (OUPV) MMC if other requirements for the of an undocumented vessel), the indi- MMC are met. vidual must provide an original of any (4) An MMC issued to a person under one of the following documents: this section is endorsed restricting its (i) Certified copy of a birth certifi- use to vessels owned or operated by the cate, issued by a State, county, mu- sponsoring organization. nicipality or outlying possession of the (5) The holder of a no-fee MMC issued U.S. bearing an official seal; under this section may have the re- (ii) U.S. passport (expired or unex- striction removed by paying the appro- pired); priate evaluation, examination, and (iii) Certificate of Citizenship issued issuance fees that would have other- by U.S. Citizenship and Immigration wise applied. Services or the Immigration and Natu- ralization Service; § 10.221 Citizenship. (iv) Certificate of Naturalization (a)(1) MMCs with officer Endorsements. issued by U.S. Citizenship and Immi- Only individuals with valid U.S. citi- gration Services or the Immigration zenship may apply for officer endorse- and Naturalization Service; or ments, except individuals applying for (v) Merchant mariner’s document endorsements as operators of issued by the Coast Guard after Feb- uninspected passenger vessels author- ruary 3, 2003, that shows that the hold- izing service on undocumented vessels er is a citizen of the United States. in accordance with § 11.201(d) of this (2) If the individual is applying for a part. rating endorsement and they hold one (2) All other MMCs. All other applicants, except as noted in § 12.40–11 of of the documents listed in paragraph this subchapter, must be either: (c)(1)(i) through (v) of this section, (i) A citizen of the United States; these documents are also acceptable as (ii) An alien, as defined under Sec- evidence of citizenship. If the indi- tion 101(a)(3) of the Immigration and vidual does not hold any one of those Nationality Act (8 U.S.C. 1101 et seq.) documents listed in paragraph (c)(1)(i) (the Act), who is lawfully admitted to through (v), the individual must pro- the United States for permanent resi- vide an original unexpired foreign pass- dence, as defined by Section 101(a)(20) port and an original of any one of the of the Act.; or following documents: (iii) A foreign national who is en- (i) Permanent resident card (form I– rolled in the United States Merchant 551) issued by U.S. Citizenship and Im- Marine Academy (USMMA). migration Services bearing the certifi- (b) Beginning April 15, 2009, proof of cation that the alien was admitted to citizenship or alien status must be sub- the United States as an immigrant,

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(ii) A declaration of intention to be- (2) Beginning April 15, 2009, proof come a citizen of the United States that the mariner holds a valid TWIC; issued by a naturalization court; or (3) All supplementary materials re- (iii) A certificate issued by the con- quired to show that the mariner meets sular representative of the country of the mandatory requirements for the which the alien is a citizen or subject. transaction sought: (3) If the individual is the holder of or (i) The mandatory requirements for applying for a rating endorsement and officer endorsements are contained in the individual does not hold any of the part 11 of this chapter. documents listed in paragraphs (c)(1) or (ii) The mandatory requirements for (2) of this section, proof of enrollment rating endorsements are contained in in the United States Merchant Marine part 12 of this chapter. Academy (USMMA) in the form of an (iii) The mandatory requirements for original letter from the USMMA, tankerman rating endorsements are signed by the Superintendent attesting contained in part 13 of this chapter. to the individual’s enrollment along (iv) The mandatory requirements for with an unexpired foreign passport STCW endorsements are contained in issued by the government of the coun- parts 11 and 12 of this chapter and in try in which the alien is a citizen or the STCW Convention and Code (incor- subject, with a valid U.S. visa affixed porated by reference, see § 10.103). to the passport, will be acceptable evi- (4) The appropriate fee as set forth in dence of lawful status in the United § 10.219 of this part; and States. (5) Any uncanceled MMD, MMC, li- (4) If the individual is applying for an cense, STCW endorsement, or COR held MMC endorsed only as OUPV of an un- by the applicant. If one or more of documented vessel, the individual must these credentials are still valid at the provide an original of any one of the time of application, a photocopy, front documents enumerated in paragraphs and back of all pages, and all attach- (c)(1)(i) through (v) or (c)(2)(i) or (ii) of ments, will satisfy this requirement. If this section, or proof of acceptable the applicant submits a photocopy, alien status as provided in 49 CFR upon the issuance of the new MMC, the 1572.105. applicant must surrender the old, original credential to the Coast Guard. If § 10.223 Modification or removal of requested in writing at the time of sub- limitations or scope. mission, the old MMD, MMC, license, (a) If the Coast Guard is satisfied by COR, or STCW endorsement may be re- the documentary evidence submitted turned to the applicant after cancella- that an applicant is entitled by experi- tion. ence, training, and knowledge to an en- (d) No limitation on any endorsement dorsement or increase in the scope of may be changed before the applicant any MMC held, any limitations that has made up any deficiency in the ex- were previously placed upon the MMC perience prescribed for the endorse- by the Coast Guard may be changed or ment or endorsement desired and removed. Such an increase in scope passed any necessary examination. may include a change in horsepower or tonnage limitations, or geographic § 10.225 Requirements for original route restrictions. merchant mariner credentials. (b) Modifications or removal of limi- (a) An applicant must apply as an tations or scope to MMC endorse- original if the MMC sought is: ment(s) under this section will not (1) The first credential issued to the change the expiration date of the mari- applicant; ner’s MMC unless the applicant renews (2) The first credential issued to an all endorsements that would appear on applicant after their previous creden- the MMC under § 10.227 of this part. tial has expired and they do not hold a (c) A complete application for modi- document of continuity under § 10.227(e) fication or removal of limitation of of this part or an equivalent unexpired scope must contain the following: continuity endorsement on their li- (1) A completed signed application; cense or MMD; or

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(3) The first credential issued to an give such an oath, that he or she will applicant after their previous creden- faithfully and honestly, according to tial was revoked pursuant to § 10.235 of his or her best skill and judgment, this part. without concealment or reservation, (b) A complete application for an perform all the duties required by law original MMC must contain the fol- and obey all lawful orders of superior lowing: officers. An oath may be administered (1) A completed, signed application; by any Coast Guard-designated indi- (2) Beginning April 15, 2009, proof vidual or any person legally permitted that the mariner either holds a valid to administer oaths in the jurisdiction TWIC or has applied for a TWIC; where the person taking the oath re- (3) All supplementary materials resides. An oath administered at a loca- quired to show that the mariner meets tion other than those listed in § 10.217 the mandatory requirements for all en- must be verified in writing by the ad- dorsements sought; ministering official and submitted to (i) The mandatory requirements for the same REC where the applicant ap- officer endorsements are contained in plied for his or her MMC. This oath re- part 11 of this chapter. mains binding for any subsequently (ii) The mandatory requirements for issued MMC and endorsements added to rating endorsements are contained in the MMC, unless specifically renounced part 12 of this chapter. in writing. (iii) For a tankerman rating endorsement, the applicant must also provide § 10.227 Requirements for renewal. those documents or proofs required in (a) Except as provided in paragraph part 13 of this chapter. (e) of this section, an applicant for re- (iv) The mandatory requirements for newal of a credential must establish STCW Endorsements are contained in possession of all of the necessary quali- parts 11 and 12 of this chapter and in fications before the renewal MMC will the STCW Convention and Code (incor- be issued. porated by reference, see § 10.103). (b) A credential may be renewed at (4) The appropriate fee as set forth in any time during its validity and for § 10.219 of this part; one year after expiration. (5) Evidence of having passed a chemical test for dangerous drugs or of (c) No credential will be renewed if it qualifying for an exemption from test- has been suspended without probation ing in § 16.220 of this subchapter; or revoked as a result of action under (6) Discharges or other documentary part 5 of this chapter or if facts that evidence of service indicating the would render a renewal improper have name, tonnage, and propulsion power come to the attention of the Coast of the vessels, dates of service, capac- Guard. ity in which the applicant served, and (d) Except as provided in paragraph on what waters, where sea service is re- (e) of this section, a complete applica- quired; tion for renewal must contain the fol- (7) Proof, documented on a form pro- lowing: vided by the Coast Guard, that the ap- (1) A completed, signed application; plicant passed all applicable vision, (2) Beginning April 15, 2009, proof hearing, medical, and/or physical that the mariner holds a valid TWIC; exams as required by § 10.215 of this (3) The appropriate fee as set forth in part. § 10.219 of this part; (8) Consent to a Coast Guard check of (4) Any uncanceled MMD, MMC, li- the NDR for offenses described in sec- cense, STCW endorsement, or COR held tion 205(a)(3)(A) or (B) of the National by the applicant. If one or more of Driver Register Act of 1982, as amend- these credentials are still valid at the ed; and time of application, a photocopy— (9) The oath as required in paragraph front, back, and all attachments—will (c) of this section. satisfy this requirement. If the appli- (c) Oath. Every person who receives cant submits a photocopy, upon the an original MMC must first take an issuance of the new MMC, the appli- oath, before an official authorized to cant must surrender the old original

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credential to the Coast Guard. If reissued by the Federal Communications quested in writing at the time of sub- Commission. If submitted, the original mission, the old MMD, MMC, license, license will be returned to the appli- COR, or STCW endorsement may be re- cant. turned to the applicant after cancella- (v) An applicant for renewal of an en- tion; dorsement as medical doctor or profes- (5) Evidence of having passed a chem- sional nurse must, in addition to meet- ical test for dangerous drugs or of ing the requirements of this section, qualifying for an exemption from test- present evidence that he or she holds a ing in § 16.220 of this subchapter; currently valid, appropriate license as (6) Proof, documented on a form pro- physician, surgeon, or registered nurse vided by the Coast Guard, that the ap- issued under the authority of a state or plicant passed all applicable vision, territory of the United States, the hearing, medical, and/or physical Commonwealth of Puerto Rico, or the exams as required by § 10.215 of this District of Columbia. Any such renewal part; will retain the limitations placed upon (7) Consent to a Coast Guard check of the medical license by the issuing the NDR for offenses described in sec- body. There are no professional re- tion 205(a)(3)(A) or (B) of the National quirements for renewal of an endorse- Driver Register Act of 1982, as amendment as marine physician assistant or ed; hospital corpsman. (8) Except as provided in paragraph (vi) An applicant for renewal of an (d)(8)(viii) of this section, the applicant endorsement as master or mate (pilot) must meet the following professional of towing vessels must submit satisfac- requirements for renewal: tory evidence of: (i) The applicant must either— (A) Having completed a practical (A) Present evidence of at least one demonstration of maneuvering and year of sea service during the past five handling a towing vessel to the satis- years; faction of a designated examiner; or (B) Pass a comprehensive, open-book (B) Ongoing participation in training exercise covering the general subject and drills during the validity of the li- matter contained in appropriate sec- cense or MMC being renewed. tions of subpart (I) of this part; (vii) An applicant seeking to renew a (C) Complete an approved refresher tankerman endorsement must meet the training course; or additional requirements listed in (D) Present evidence of employment § 13.120 of this chapter. in a position closely related to the op- (viii) There are no professional re- eration, construction, or repair of ves- quirements for renewal for the fol- sels (either deck or engineer as appro- lowing endorsements: priate) for at least three years during (A) Radio officer; the past five years. An applicant for a (B) Staff officers (all types); deck license or officer endorsement (C) Ordinary seaman; with this type of employment must (D) Wiper; also demonstrate knowledge on an ap- (E) Steward’s department (F.H.); plicable Rules of the Road open-book (F) Cadet; exercise. (G) Student observer; (ii) The qualification requirements (H) Apprentice engineer; for renewal of radar observer endorse- (I) Apprentice mate (issued under ment are in § 11.480 of this chapter. part 12 of this subchapter); (iii) Additional qualification require- (J) Person in charge of medical care; ments for renewal of an officer endorse- (K) Medical first-aid provider; ment as first-class pilot are contained (L) GMDSS at-sea maintainer; and in § 11.713 of this chapter. (M) GMDSS operator. (iv) An applicant for renewal of a (9) Except as otherwise provided, radio officer’s endorsement must, in each candidate for a renewal of an addition to meeting the requirements STCW endorsement must meet the ap- of this section, present evidence of a plicable requirements of § 11.202 of this currently valid license as first or sec- chapter and must meet the require- ond-class radiotelegraph operator ments of section A–VI/2, paragraphs 1

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to 4 of the STCW Code (incorporated by paragraph (d)(8) of this section, the ap- reference in § 10.103). plicant must demonstrate continued (e) Document of continuity. (1) Appli- professional knowledge by completing cants for renewal who are unwilling or a course approved for this purpose, or otherwise unable to meet the require- by passing the complete examination. ments of paragraph (d) of this section, The examination may be oral-assisted including but not limited to the med- if the expired credential was awarded ical and physical standards of § 10.215, on an oral exam. The fees set forth in drug tests, and TWIC, may apply for a § 10.219 apply to these examinations. In document of continuity issued by the the case of an expired radio officer’s Coast Guard. Documents of continuity endorsement, the endorsement may be do not expire and are issued solely to issued upon presentation of a valid maintain an individual’s eligibility for first or second-class radiotelegraph op- renewal. A document of continuity erator license issued by the Federal does not entitle an individual to serve Communications Commission. as a merchant mariner. A holder of a (2) An endorsement for chief purser, document of continuity may obtain a purser, senior assistant purser, junior properly endorsed, valid MMC at any assistant purser, hospital corpsman, time by satisfying the requirements for marine physician assistant, medical renewal as provided in paragraph (d). doctor, or professional nurse that has (2) Applications for a document of been expired for more than 12 months continuity must include: shall be renewed in the same way as a (i) The credential to be renewed. current endorsement of that type. Upon written request, the Coast Guard There are no additional requirements will return the credential to the appli- for re-issuing endorsements for chief cant after it has been cancelled; and purser, purser, senior assistant purser, (ii) An application including a signed junior assistant purser, hospital corps- statement from the applicant attesting man, marine physician assistant, med- to an awareness of the limited purpose ical doctor, or professional nurse that of the Document of Continuity, their have been expired for more than 12 inability to serve, and the require- months. ments to obtain an MMC. [USCG–2006–24371, 74 FR 11216, Mar. 16, 2009, (f) Administrative grace period. Except as amended by USCG–2006–24371, 74 FR 39218, as provided herein, a credential may Aug. 6, 2009] not be renewed more than 12 months after it has expired. To obtain a re- § 10.229 Issuance of duplicate mer- issuance of the credential, an applicant chant mariner credentials. must comply with the requirements of (a) Upon request and without exam- paragraph (g) of this section. When an ination, a mariner may be issued a du- applicant’s credential expires during a plicate credential after submitting an time of service with the Armed Forces application with an affidavit describing and there is no reasonable opportunity the circumstances of the loss. The for renewal, including by mail, this pe- Coast Guard will only issue the dupli- riod may be extended. The period of cate credential after confirming the military service following the date of validity of the mariner’s credential expiration which precluded renewal and, beginning April 15, 2009, the valid- may be added to the 12-month grace pe- ity of the mariner’s TWIC. riod. The 12-month grace period and (b) The duplicate will have the same any extensions do not affect the expira- authority, wording, and expiration tion date of the credential. A license, date as the lost credential. A duplicate MMD, COR, STCW endorsement, MMC, credential will reference the serial and any endorsements thereon, are not number, type, place of issue, and date valid for use after the expiration date. of issue of the replaced credential(s). (g) Re-issuance of expired credentials. The duplicate issued will be in the form (1) Whenever an applicant applies for of an MMC. Until April 15, 2014, if a re-issuance of an endorsement as deck mariner seeks a duplicate of more than officer, engineer officer, or qualified one credential, the MMC issued will re- rating more than 12 months after expi- flect endorsements for all credentials ration, instead of the requirements of lost, and the expiration date will

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match the earliest expiration date of (iii) The mandatory requirements for the credentials lost. tankerman rating endorsements are (c) If a person loses a credential by contained in part 13 of this chapter. shipwreck or other casualty, a dupli- (iv) The mandatory requirements for cate will be issued free of charge. The STCW endorsements are contained in term ‘‘other casualty’’ includes any parts 11 and 12 of this chapter and in damage to a ship caused by collision, the STCW Convention and Code (incor- explosion, tornado, wreck, flooding, porated by reference, see § 10.103). beaching, grounding, or fire; or per- (4) The appropriate fee as set forth in sonal loss associated with a federally § 10.219 of this part; declared natural disaster. (5) Any uncanceled MMD, MMC, li- (d) If a person loses a credential by cense, STCW endorsement, or COR held means other than those noted in para- by the applicant. If one or more of graph (c) of this section and applies for these credentials are still valid at the a duplicate, the appropriate fee set out time of application, a photocopy— in § 10.219 must be paid. front, back, and all attachments—will (e) No application from an alien for a satisfy this requirement. If the appli- duplicate credential will be accepted cant submits a photocopy, upon the unless the alien complies with the reissuance of the new MMC, the appli- quirements of § 10.221 of this part. cant must surrender the old original (f) Applications for duplicate creden- credential to the Coast Guard. If re- tials will not be subject to a criminal quested in writing at the time of sub- record review. mission, the old MMD, MMC, license, COR, or STCW endorsement may be re- § 10.231 Requirements for raises of turned to the applicant after cancella- grade or new endorsements. tion; (a) This section applies to applicants (6) Applicants for the following en- who already hold a valid credential and dorsements must produce evidence of want to make the following trans- having passed a chemical test for dan- action(s): gerous drugs or of qualifying for an exemption from testing in § 16.220 of this (1) Add a new endorsement; or subchapter: (2) Raise of grade of an existing en- (i) Any officer endorsement; and dorsement. (ii) The first endorsement as able (b) New endorsements or raises of seaman, lifeboatman, qualified member grade of existing endorsements on an of the engine department, or MMC under this section will not tankerman. change the expiration date of the MMC (7) An applicant for an endorsement unless the applicant renews all en- where sea service is required must dorsements that appear on the MMC produce discharges or other documen- under § 10.227 of this part. tary evidence of service, indicating the (c) A complete application for a new name, tonnage, and horsepower of the endorsement or raise of grade must vessels, dates of service, capacity in contain the following: which the applicant served, and on (1) A completed, signed application; what waters; (2) Beginning April 15, 2009, proof (8) Applicants who have not sub- that the mariner holds a valid TWIC; mitted evidence within the past three (3) All supplementary materials re- years that they have passed all applica- quired to show that the mariner meets ble vision, hearing, medical, and/or the mandatory requirements for the physical exams required in § 10.215 for new endorsement(s) sought; the particular endorsement sought (i) The mandatory requirements for must submit proof, on a Coast Guard- officer endorsements are contained in approved form, that the applicant has part 11 of this chapter and paragraph passed those medical/physical tests and (d) of this section. exams; and (ii) The mandatory requirements for (9) Consent to a Coast Guard check of rating endorsements are contained in the NDR for offenses described in sec- part 12 of this chapter. tion 205(a)(3)(A) or (B) of the National

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Driver Register Act of 1982, as amend- posed under part 5 of this chapter is ef- ed. fective against the applicant’s creden- (d) Additional requirements for an tial or while an appeal from these ac- applicant seeking a raise of grade of an tions is pending. officer endorsement: (5) Professional examination. (i) When (1) Sea service acquired before the the Coast Guard finds an applicant’s issuance of an officer endorsement is experience and training for raise of generally not accepted as any part of grade to be satisfactory, and the appli- the service required for a raise of grade cant is eligible in all other respects, of that endorsement. However, service the Coast Guard will authorize a pro- acquired before issuance of an officer fessional examination. endorsement will be accepted for cer- (ii) Oral-assisted examinations may tain crossovers, endorsements, or in- be administered in accordance with creases in scope of an MMC, as appro- § 11.205(f) of this chapter. The Coast priate. In the limited tonnage cat- Guard will place in the applicant’s file egories for deck officers, total accumu- a record indicating the subjects cov- lated service is a necessary criterion ered. for most raises of grade; service ac- (iii) The general instructions for ad- quired before the issuance of such offi- ministration of examinations and the cer endorsements will, therefore, be ac- lists of subjects for all officer endorse- cepted. ments appear in part 11, subpart I of (2) No raise of grade may be issued to this chapter. any naturalized citizen on less experience in any grade than would have § 10.233 Obligations of the holder of a been required of a citizen of the United merchant mariner credential. States by birth. (a) The holder of a credential may (3) Experience and service acquired not voluntarily part with it or place it on foreign vessels while holding a valid beyond his or her personal control by U.S. officer endorsement is creditable pledging or depositing it with any for establishing eligibility for a raise of other person, except as required by reg- grade, subject to evaluation by the ulation or as necessary to safeguard Coast Guard to determine that it is a the credential. If the holder violates fair and reasonable equivalent to serv- this section, the Coast Guard may pur- ice acquired on merchant vessels of the sue suspension or revocation of the li- United States, with respect to grade, cense, MMD, COR, or MMC under the tonnage, horsepower, waters, and oper- provisions of part 5 of this chapter. ating conditions. An applicant who has (b) Whenever a mariner loses a cre- obtained the qualifying experience on dential, he or she must immediately foreign vessels shall submit satisfac- report the loss to the Coast Guard. The tory documentary evidence of such report must be made in writing, giving service (including any necessary trans- the facts incident to its loss. lations into English) in the forms pre- (c) Invalid credentials must be re- scribed by paragraph (c)(7) of this sec- turned to the Coast Guard. Upon writ- tion. ten request, the Coast Guard will re- (4) An applicant remains eligible for turn the cancelled credential to the a raise of grade while on probation as a mariner. result of action under part 5 of this chapter. A raise of grade issued to a § 10.235 Suspension or revocation of person on probation will be subject to merchant mariner credentials. the same probationary conditions im- (a) Any MMC or endorsement is sub- posed against the applicant’s other cre- ject to suspension or revocation on the dentials. The offense for which he or same grounds, in the same manner, and she was placed on probation will be with like procedure as provided in 46 considered on the merits of the case in U.S.C. chapter 77. determining fitness to hold the en- (b) When any individual’s credential dorsement applied for. No applicant is revoked, it is no longer valid for any will be examined for a raise of grade purpose, and any MMC subsequently during any period when a suspension requested must be applied for as an without probation or a revocation im- original following the procedures of

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§§ 5.901–5.905 of this subchapter. When denied a TWIC or their TWIC has been an endorsement on an individual’s revoked, the Coast Guard may initiate MMC is revoked, it is no longer valid, suspension and revocation action and any endorsement of the same type against the mariner’s MMC, license, subsequently requested must be applied MMD, and COR under 46 U.S.C. 7702 and for as an original following the proce- 7703. During the subsequent suspension dures of §§ 5.901–5.905 of this subchapter. and revocation proceeding, the TSA de- When an officer’s endorsement is re- cision to deny issuance of, or to revoked, the Coast Guard will issue an voke, a mariner’s TWIC will not be sub- MMC containing any rating endorse- ject to review, and the mariner’s fail- ment for which the holder is qualified. ure to hold a TWIC will be treated by (c) An applicant who has had a TWIC, the Coast Guard as proof that the mar- credential, or endorsement revoked, iner is not eligible for an MMC, license, and who is applying for a subsequent MMD or COR. MMC or endorsement, must state in his (h) Beginning April 15, 2009, a mar- or her application the date of revoca- iner that has either been denied tion, the serial number of the docu- issuance of a TWIC or whose TWIC has ment revoked, and the type of docu- been revoked for a reason, other than ment or endorsement revoked. administrative reasons (e.g., being lost (d) A person whose credential or en- or stolen, not functioning, or having a dorsement has been revoked or sus- misspelling) will be deemed ineligible pended without probation may not be for an MMC, license, MMD or COR. issued a replacement credential or en- [USCG–2006–24371, 74 FR 11216, Mar. 16, 2009, dorsement without approval of the as amended by USCG–2006–24371, 74 FR 39218, Commandant. If a mariner has mul- Aug. 6, 2009] tiple endorsements and one or more, but not all, of those endorsements are § 10.237 Right of appeal. suspended or revoked, the mariner will (a) If the Coast Guard refuses to be issued a replacement MMC reflect- grant an applicant an MMC or endorse- ing those endorsements for which the ment, a written statement listing the mariner remains qualified. reason(s) for denial will be provided to (e) When a credential or endorsement the applicant. that is about to expire has been sus- (b) Any person directly affected by a pended, the renewal of the credential decision or action taken under this or endorsement will be withheld until subchapter, by or on behalf of the expiration of the suspension period. Coast Guard, may appeal under the (f) An applicant for renewal or return provisions of subpart 1.03 of part 1 of of a credential with endorsement as this chapter. master or mate (pilot) of towing ves- (c) The Coast Guard will not review sels whose most recent credential has decisions made by the Transportation been suspended or revoked by an ad- Security Administration to suspend, ministrative law judge for incom- revoke, or deny a mariner’s TWIC. petence must complete the practical demonstration required under § 10.239 Quick reference table for § 10.227(d)(8)(vi)(A). MMC requirements. (g) Beginning April 15, 2009, if the Table 10.239 provides a guide to the Coast Guard is advised by the Trans- requirements for officer endorsements. portation Security Administration Provisions in the reference section are (TSA) that a mariner has either been controlling.

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PART 11—REQUIREMENTS FOR 11.109–11.113 [Reserved] OFFICER ENDORSEMENTS Subpart B—General Requirements for Officer Endorsements Subpart A—General 11.201 Eligibility for officer endorsements Sec. and STCW endorsements, general. 11.101 Purpose of regulations. 11.202 STCW endorsements. 11.102 Incorporation by reference. 11.203–204 [Reserved] 11.103–11.105 [Reserved] 11.205 Requirements for original officer en- 11.107 Paperwork approval. dorsements and STCW endorsements.

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11.207–11.210 [Reserved] 11.420 Service requirements for mate of 11.211 Creditable service and equivalents for ocean steam or motor vessels of not more officer endorsements. than 500 gross tons. 11.213 Sea service as a member of the Armed 11.421 Service requirements for mate of near Forces of the United States and on ves- coastal steam or motor vessels of not sels owned by the United States as quali- more than 500 gross tons. fying experience. 11.422 Tonnage limitations and qualifying 11.215 [Reserved] requirements for endorsements as master 11.217 Examination procedures and denial of or mate of vessels of not more than 200 officer endorsements. gross tons. 11.219–11.223 [Reserved] 11.424 Service requirements for master of ocean steam or motor vessels of not more Subpart C—Training Schools With than 200 gross tons. Approved Courses 11.426 Service requirements for master of near coastal steam or motor vessels of 11.301 Applicability. not more than 200 gross tons. 11.302 Course approval. 11.427 Service requirements for mate of near 11.303 General standards. coastal steam or motor vessels of not 11.304 Substitution of training for required more than 200 gross tons. service, use of training-record books, and 11.428 Service requirements for master of use of towing officer assessment records. near coastal steam or motor vessels of 11.305 Radar-Observer certificates and not more than 100 gross tons. qualifying courses. 11.429 Service requirements for limited 11.306 [Reserved] master of near coastal steam or motor 11.307 Training schools with approved radar vessels of not more than 100 gross tons. observer courses. 11.430 Endorsements for the Great Lakes 11.309 Coast Guard-accepted training other and inland waters. than approved courses. 11.431 Tonnage requirements for Great Lakes and inland endorsements for ves- Subpart D—Professional Requirements for sels of over 1600 gross tons. Deck Officers 11.433 Service requirements for master of Great Lakes and inland steam or motor 11.401 Ocean and near-coastal officer or vessels of any gross tons. STCW endorsements. 11.435 Service requirements for master of 11.402 Tonnage requirements for ocean or inland steam or motor vessels of any near coastal endorsements for vessels of gross tons. over 1600 gross tons. 11.437 Service requirements for mate of 11.403 Structure of deck officer endorse- Great Lakes and inland steam or motor ments. vessels of any gross tons. 11.404 Service requirements for master of 11.442 Service requirements for master of ocean or near coastal steam or motor Great Lakes and inland steam or motor vessels of any gross tons. vessels of not more than 1600 gross tons. 11.405 Service requirements for chief mate 11.444 Service requirements for mate of of ocean or near coastal steam or motor Great Lakes and inland steam or motor vessels of any gross tons. vessels of not more than 1600 gross tons. 11.406 Service requirements for second mate 11.446 Service requirements for master of of ocean or near coastal steam or motor Great Lakes and inland steam or motor vessels of any gross tons. vessels of not more than 500 gross tons. 11.407 Service requirements for third mate 11.448 Service requirements for mate of of ocean or near coastal steam or motor Great Lakes and inland steam or motor vessels of any gross tons. vessels of not more than 500 gross tons. 11.410 Requirements for deck officer en- 11.450 Tonnage limitations and qualifying dorsements for vessels of not more than requirements for endorsements as master 1600 gross tons. or mate of Great Lakes and inland ves- 11.412 Service requirements for master of sels of not more than 200 gross tons. ocean or near coastal steam or motor 11.452 Service requirements for master of vessels of not more than 1600 gross tons. Great Lakes and inland steam or motor 11.414 Service requirements for mate of vessels of not more than 200 gross tons. ocean steam or motor vessels of not more 11.454 Service requirements for mate of than 1600 gross tons. Great Lakes and inland steam or motor 11.416 Service requirements for mate of near vessels of not more than 200 gross tons. coastal steam or motor vessels of not 11.455 Service requirements for master of more than 1600 gross tons. Great Lakes and inland steam or motor 11.418 Service requirements for master of vessels of not more than 100 gross tons. ocean or near coastal steam or motor 11.456 Service requirements for limited vessels of not more than 500 gross tons. master of Great Lakes and inland steam

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or motor vessels of not more than 100 11.520 Service requirements for chief engi- gross tons. neer (limited near coastal) of steam and/ 11.457 Service requirements for master of or motor vessels. inland steam or motor vessels of not 11.522 Service requirements for assistant more than 100 gross tons. engineer (limited oceans) of steam and/or 11.459 Service requirements for master or motor vessels. mate of rivers. 11.524 Service requirements for designated 11.462 Endorsements for master or mate of duty engineer of steam and/or motor ves- uninspected fishing industry vessels. sels. 11.463 General requirements for endorse- 11.530 Endorsements for engineers of ments as master, mate (pilot), and ap- uninspected fishing industry vessels. prentice mate (steersman) of towing ves- 11.540 Endorsements for engineers of mobile sels. offshore drilling units. 11.464 Requirements for endorsements as 11.542 Endorsement as chief engineer master of towing vessels. (MODU). 11.465 Requirements for endorsements as 11.544 Endorsement as assistant engineer mate (pilot) of towing vessels. (MODU). 11.466 Requirements for endorsements as 11.551 Endorsements for service on offshore apprentice mate (steersman) of towing supply vessels. vessels. 11.553 Chief Engineer (OSV). 11.467 Endorsement as operators of 11.555 Engineer (OSV). uninspected passenger vessels of less than 100 gross tons. Subpart F—Credentialing of Radio Officers 11.468 Officer endorsements for mobile off- 11.601 Applicability. shore drilling units. 11.603 Requirements for radio officers’ en- 11.470 Officer endorsements as offshore in- dorsements and STCW endorsements for stallation manager. GMDSS radio operators. 11.472 Officer endorsements as barge supervisor. Subpart G—Professional Requirements for 11.474 Officer endorsements as ballast con- Pilots trol operator. 11.476 [Reserved] 11.701 Scope of pilot endorsements. 11.480 Radar observer. 11.703 Service requirements. 11.482 Assistance towing. 11.705 Route familiarization requirements. 11.491 Officer endorsements for service on 11.707 Examination requirements. offshore supply vessels. 11.709 Annual physical examination require- 11.493 Master (OSV). ments. 11.495 Chief Mate (OSV). 11.711 Tonnage requirements. 11.497 Mate (OSV). 11.713 Requirements for maintaining current knowledge of waters to be navi- Subpart E—Professional Requirements for gated. Engineer Officer Subpart H—Registration of Staff Officers 11.501 Grade and type of engineer endorsements issued. 11.801 Applicability. 11.502 Additional requirements for engineer 11.803 [Reserved] endorsements. 11.805 General requirements. 11.503 Horsepower limitations. 11.807 Experience requirements for registry. 11.504 Application of deck service for lim- 11.809 [Reserved] ited engineer endorsements. 11.811 Requirements to qualify for an STCW 11.505 Engineer officer structure. endorsement as vessel security officer. 11.510 Service requirements for chief engineer of steam and/or motor vessels. Subpart I—Subjects of Examinations and 11.512 Service requirements for first assist- Practical Demonstrations of Competence ant engineer of steam and/or motor ves- 11.901 General provisions. sels. 11.903 Licenses requiring examinations. 11.514 Service requirements for second as- 11.910 Subjects for deck officer endorse- sistant engineer of steam and/or motor ments. vessels. 11.920 Subjects for MODU endorsements. 11.516 Service requirements for third assist- 11.950 Subjects for engineer endorsements. ant engineer of steam and/or motor vessels. Subpart J—Ro-Ro Passenger Ships 11.518 Service requirements for chief engineer (limited-oceans) of steam and/or 11.1001 Purpose of regulations. motor vessels. 11.1003 Definition.

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11.1005 General requirements for officers. acteristics; proper operation of the installed navigation equipment; fire- Subpart K—Officers on a Passenger Ship, fighting and lifesaving equipment; sta- Other Than a Ro-Ro Passenger Ship, bility and loading characteristics; When on an International Voyage emergency duties; and main propulsion 11.1101 Purpose of rules. and auxiliary machinery, including 11.1103 Definitions. steering gear systems and controls. 11.1105 General requirements for officer’s (c) The regulations in subpart C of endorsements. this part prescribe the requirements AUTHORITY: 14 U.S.C. 633; 31 U.S.C. 9701; 46 applicable to— U.S.C. 2101, 2103, and 2110; 46 U.S.C. chapter (1) Each approved training course, if 71; 46 U.S.C. 7502, 7505, 7701, 8906, and 70105; the training course is to be acceptable Executive Order 10173; Department of Home- as a partial substitute for service or for land Security Delegation No. 0170.1. Section 11.107 is also issued under the authority of 44 a required examination, or as training U.S.C. 3507. required for a particular officer endorsement; and SOURCE: CGD 81–059, 52 FR 38623, Oct. 16, 1987, unless otherwise noted. Redesignated (2) All training and assessment asso- by USCG–2006–24371, 74 FR 11216, Mar. 16, ciated with meeting the standards of 2009. competence established by STCW. [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as Subpart A—General amended by CGD 95–062, 62 FR 34528, June 26, 1997; USCG–2006–24371, 74 FR 11235, Mar. 16, § 11.101 Purpose of regulations. 2009] (a) These regulations provide— (1) A means of determining the quali- § 11.102 Incorporation by reference. fications an applicant must possess to (a) Certain material is incorporated be eligible for an officer endorsement by reference into this part with the ap- as a staff officer, deck officer, engineer, proval of the Director of the Federal pilot, or radio officer on merchant ves- Register under 5 U.S.C. 552(a) and 1 sels, or for an endorsement to operate CFR part 51. To enforce any edition uninspected passenger vessels; and other than that specified in this sec- (2) A means of determining that an tion, the Coast Guard must publish a applicant is competent to serve as a notice of change in the FEDERAL REG- master, chief mate, officer in charge of ISTER and the material must be avail- a navigational watch, chief engineer able to the public. All approved mate- officer, second engineer officer (first rial is available for inspection at the assistant engineer), officer in charge of National Archives and Records Admin- an engineering watch, designated duty istration (NARA). For information on engineer, or radio operator, in accord- the availability of this material at ance with the provisions of the Inter- NARA, call 202–741–6030 or go to http:// national Convention on Standards of www.archives.gov/federallregister/ Training, Certification and code of federal regulations/ Watchkeeping for Seafarers, 1978, as l l l . Also, it is available amended (STCW), and other laws, and ibrllocations.html to receive the appropriate endorsement for inspection at the Coast Guard, Of- as required by STCW. fice of Operating and Environmental (b) With few exceptions, these regula- Standards (CG–5221), 2100 2nd St. SW., tions do not specify or restrict officer Stop 7126, Washington, DC 20593–7126, endorsements to particular types of 202–372–1405 and is available from the service such as tankships, freight ves- sources indicated in this section. sels or passenger vessels. However, (b) International Maritime Organiza- each officer credentialed under this tion (IMO), 4 Albert Embankment, Lon- part must become familiar with the don SE1 7SR, England, telephone: + 44 relevant characteristics of a vessel (0)20 7735 7611, http://www.imo.org: prior to assuming their duties. As ap- (1) The International Convention on propriate, these characteristics include Standards of Training, Certification but are not limited to: general arrange- and Watchkeeping for Seafarers, 1978, ment of the vessel; maneuvering char- as amended 1995 (the STCW Convention

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or the STCW), approved for incorpora- of a professional examination, a test tion by reference in §§ 11.202, 11.304, for dangerous drugs, and when required 11.901, 11.903, 11.1005, and 11.1105. by this part, a practical demonstration (2) The Seafarers’ Training, Certifi- of skills) before the Coast Guard will cation and Watchkeeping Code, as issue a merchant mariner credential amended 1995 (the STCW Code), ap- (MMC). proved for incorporation by reference (b) Except as provided in § 11.467(h) of in §§ 11.202, 11.304, 11.603, 11.901, 11.903, this part, an applicant for an officer 11.1005, and 11.1105. endorsement must demonstrate an ability to speak and understand [USCG–2006–24371, 74 FR 11235, Mar. 16, 2009, as amended by USCG–2006–24371, 74 FR 39218, English as found in the navigation Aug. 6, 2009; USCG–2009–0702, 74 FR 49224, rules, aids to navigation publications, Sept. 25, 2009] emergency equipment instructions, machinery instructions, and radio- §§ 11.103–11.105 [Reserved] telephone communications instructions. § 11.107 Paperwork approval. (c) An applicant for an officer en- (a) This section lists the control dorsement must have at least three numbers assigned by the Office of Man- months of qualifying service on vessels agement and Budget under the Paper- of appropriate tonnage or horsepower work Reduction Act of 1980 (Pub. L. 96– within the three years immediately 511) for the reporting and record keep- preceding the date of application. ing requirements in this part. (d) No officer endorsement may be (b) The following control numbers issued to any person who is not a cit- have been assigned to the sections indi- izen of the United States with the ex- cated: ception of operators of uninspected (1) OMB 1625–0040–46 CFR 11.201, passenger vessels that are not docu- 11.202, 11.205, 11.470, 11.472, 11.474, 11.542, mented under the laws of the United and 11.544. States. (2) OMB 1625–028–46 CFR 11.302, 11.303, (e) Except as specified in this para- 11.304, 11.480. graph, no officer endorsement may be (3) OMB 1625–0079–46 CFR 11.304 and issued to a person who has not attained 11.309. the age of 21 years. The required evidence of age may be established using [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as any of the items submitted to establish amended at 54 FR 133, Jan. 4, 1989; CGD 81– 059a, 55 FR 14799, Apr. 18, 1990; CGD 95–062, 62 citizenship set out in 49 CFR 1572.17 of FR 34529, June 26, 1997; USCG-2004–18884, 69 this chapter: FR 58342, Sept. 30, 2004; USCG–2006–24371, 74 (1) An endorsement may be granted FR 11235, Mar. 16, 2009] to an applicant who has reached the age of 19 years as: §§ 11.109–11.113 [Reserved] (i) Master of near coastal, Great Lakes and inland, inland, or river ves- Subpart B—General Requirements sels of 25–200 GRT; for Officer Endorsements (ii) Third mate; (iii) Third assistant engineer; § 11.201 Eligibility for officer endorse- (iv) Mate of vessels of 200–1,600 GRT; ments and STCW endorsements, (v) Ballast control operator (BCO); general. (vi) Assistant engineer (MODU); (a) In addition to the requirements of (vii) Assistant engineer of fishing in- part 10 of this chapter, the applicant dustry vessels; for an officer endorsement, whether (viii) Mate (pilot) of towing vessels; original, renewal, duplicate, or raise of (ix) Radio officer; grade, must establish to the satisfac- (x) Assistant engineer (limited tion of the Coast Guard that he or she oceans); or possesses all the qualifications nec- (xi) Designated duty engineer of ves- essary (including but not limited to sels of not more than 4,000 horsepower. age, experience, character references (2) An endorsement may be granted and recommendations, physical health, to an applicant who has reached the citizenship, approved training, passage age of 18 years as:

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(i) Limited master of near-coastal § 11.202 STCW endorsements. vessels of not more than 100 GRT; (a) General. When an original MMC is (ii) Limited master of Great Lakes issued, renewed, upgraded, or otherwise and inland vessels of not more than 100 modified, the OCMI will determine GRT; whether the applicant needs to have an (iii) Mate of Great Lakes and inland STCW endorsement for service on a vessels of 25–200 GRT; seagoing vessel and then, if the appli- (iv) Mate of near coastal vessels of cant is qualified, will issue the appro- 25–200 GRT; priate endorsement. The OCMI will (v) Operator of uninspected passenger also issue an STCW endorsement at vessels (OUPV); other times, if circumstances so re- (vi) Designated duty engineer of ves- quire and if the applicant is qualified sels of not more than 1,000 horsepower; to hold the endorsement. or (b) Basic safety training or instruction. (vii) Apprentice mate (steersman) of Except as provided in paragraph (f) of towing vessels. this section, an STCW endorsement (f) Persons serving or intending to will be issued only when the candidate serve in the merchant marine service provides evidence of having achieved are encouraged to take the earliest op- or, if training has been completed, hav- portunity to ascertain, through exam- ing maintained the minimum stand- ination, whether their visual acuity, ards of competence for the following color vision, hearing, and general phys- four areas of basic safety within the ical condition where required, are such previous five years upon assessment of as to qualify them for service in that a practical demonstration of skills and profession. Any physical impairment or abilities: medical condition which would render (1) Personal survival techniques as an applicant incompetent to perform set out in table A–VI/1–1 of the STCW the ordinary duties required of an offi- Code (incorporated by reference, see cer at sea is cause for denial of an offi- § 11.102). cer endorsement. (2) Fire prevention and firefighting as (g) Applications for an original offi- set out in table A–VI/1–2 of the STCW cer’s endorsement, raises of grade, ex- Code (incorporated by reference, see tensions of route, or STCW endorse- § 11.102). ments must be current and up to date (3) Elementary first aid as set out in with respect to service and the phys- table A–VI/1–3 of the STCW Code (in- ical examination, as appropriate. Phys- corporated by reference, see § 11.102). ical examinations and applications are (4) Personal safety and social respon- valid for 12 months from the date the sibilities as set out in table A–VI/1–4 of application is approved. the STCW Code (incorporated by ref- (h) Applicants for an endorsement as erence, see § 11.102). OUPV must meet the requirements for an officer endorsement. (c) Competence in the use of Automatic Radar-Plotting Aids (ARPA). (1) Subject (i) The Officer in Charge, Marine In- to paragraphs (c)(2) and (f) of this sec- spection (OCMI), may modify the serv- tion, each candidate for an STCW en- ice and examination requirements in dorsement as master or mate for serv- this part to satisfy the unique quali- ice on vessels in ocean or near-coastal fication requirements of an applicant. service must present a certificate of The OCMI may also lower the age re- completion from an approved course or quirement for OUPV applicants. The from accepted training on an ARPA authority granted by an officer en- simulator. The course or training must dorsement will be restricted to reflect be sufficient to establish that the ap- any modifications made under the au- plicant is competent to maintain safe thority of this paragraph. These re- navigation through the proper use of strictions may not be removed without ARPA by correctly interpreting and the approval of the OCMI issuing the li- analyzing the information obtained cense or officer endorsement. from that device and taking into ac- [USCG–2006–24371, 74 FR 11235, Mar. 16, 2009] count both the limitations of the

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equipment and the prevailing cir- graph (f) of this section, each candidate cumstances and conditions. The simu- for an STCW endorsement as master or lator used in the course or training mate for service on vessels in ocean or must meet or exceed the performance near-coastal service must present suffi- standards established under STCW cient documentary proof that he or she Regulation I/12 (incorporated by ref- understands, and can effectively apply erence, see § 11.102). procedures for, bridge team work as an (2) Training and assessment in the essential aspect of maintaining a safe use of ARPA are not required for mari- navigational watch, taking into ac- ners serving exclusively on vessels not count the principles of bridge-resource fitted with ARPA. However, when any management enumerated in Section B– mariner so serving has not completed VIII/2 of the STCW Code. it, his or her STCW endorsement will indicate this limitation. (f) Notwithstanding paragraph (b) (d) Endorsement for operator of radio in through (e) of this section, § 11.304, and the Global Maritime Distress and Safety § 11.901, each mariner found qualified to System (GMDSS). (1) Subject to para- hold any of the following officer en- graphs (d)(2) and (f) of this section, dorsements will also be entitled to hold each candidate for an STCW endorse- an STCW endorsement corresponding ment as master or mate for service on to the service or other limitations on vessels in ocean or near-coastal service the MMC, because the vessels con- shall present: cerned are not subject to further obli- (i) A certificate for operator of radio gation under STCW because of their in the GMDSS issued by the Federal special operating conditions as small Communications Commission (FCC); vessels engaged in domestic voyages: and (1) Masters, mates, or engineers en- (ii) A certificate of completion from dorsed for service on small passenger a Coast Guard-approved or accepted vessels that are subject to subchapter course for operator of radio in the T or K of this chapter and that operate GMDSS or from another approved or beyond the boundary line. accepted program of training and as- (2) Masters, mates, or engineers en- sessment covering the same areas of dorsed for service on seagoing vessels competence. The course or program of less than 200 gross register tons must be sufficient to establish that the (GRT), other than passenger vessels applicant is competent to perform radio duties on a vessel participating subject to subchapter H of this chapter. in the GMDSS and meets the standard (g) No mariner serving on, and no of competence under STCW Regulation owner or operator of any of the fol- IV/2 (incorporated by reference, see lowing vessels, need hold an STCW en- § 11.102). dorsement, because they are exempt (2) Paragraph (d)(1) of this section from application of STCW: does not apply to a candidate intending (1) Uninspected passenger vessels as to serve only as a pilot or intending to defined in 46 U.S.C. 2101(42). serve only on vessels not required to (2) Fishing vessels as defined in 46 comply with the provisions of the U.S.C. 2101(11)(a). GMDSS in Chapter IV of the Conven- (3) Fishing vessels used as fish-tender tion for the Safety of Life at Sea, 1974, vessels as defined in 46 U.S.C. as amended (SOLAS). SOLAS is avail- 2101(11)(c). able from the International Maritime Or- (4) Barges as defined in 46 U.S.C. ganization (IMO), 4 Albert Embank- 2101(2), including non-self-propelled ment, London SE1 7SR, England, tele- mobile offshore drilling units. phone: + 44 (0)20 7735 7611, http:// www.imo.org. (5) Vessels operating exclusively on (3) Each candidate presenting a cer- the Great Lakes or on the inland wa- tificate described in paragraph (d)(1) of ters of the U.S. in the Straits of Juan this section may receive a GMDSS en- de Fuca inside passage. dorsement. [USCG–2006–24371, 74 FR 11236, Mar. 16, 2009] (e) Procedures for bridge team work. Except as otherwise provided in para-

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§§ 11.203–11.204 [Reserved] in a grade higher than that upon which he or she has actually served while act- § 11.205 Requirements for original offi- ing under the authority of a foreign cer endorsements and STCW en- credential. dorsements. (c) Character check and references. (1) (a) General. In addition to the re- Each applicant for an original officer quirements in part 10 of this chapter or STCW endorsement must submit and §§ 11.201 through 11.203 of this part, written recommendations concerning the applicant for an original officer en- the applicant’s suitability for duty dorsement must also satisfy the re- from a master and two other individ- quirements of this section. uals holding officer endorsements or li- (b) Experience or training. (1) All ap- censes on vessels on which the appli- plicants for original officer or STCW cant has served. endorsements shall present to the (i) For an officer endorsement as en- OCMI letters, discharges, or other doc- gineer or as pilot, at least one of the uments certifying the amount and recommendations must be from the character of their experience and the chief engineer or pilot, respectively, of names, tonnage, and horsepower of the a vessel on which the applicant has vessels on which acquired. The OCMI served. must be satisfied as to the authenticity (ii) For an officer endorsement as en- and acceptability of all evidence of ex- gineer where service was obtained on perience or training presented. Certifi- vessels not carrying a credentialed en- cates of discharge are returned to the gineer and for an officer endorsement applicant. The OCMI shall note on the as master or mate (pilot) of towing ves- application that service represented by sels, the recommendations may be by these documents has been verified. All recent marine employers with at least other documentary evidence of service, one recommendation from a master, or authentic copies thereof, is filed operator, or person in charge of a ves- with the application. An MMC is not sel upon which the applicant has considered as satisfactory evidence of served. any qualifying experience. (iii) For an officer endorsement as (2) No original officer or STCW en- offshore installation manager, barge dorsement may be issued to any natu- supervisor, or ballast control operator, ralized citizen based on less experience at least one recommendation must be in any grade or capacity than would from an offshore installation manager have been required of a citizen of the of a unit on which the applicant has United States by birth. served. (3) Experience and service acquired (iv) Where an applicant qualifies for on foreign vessels is creditable for es- an endorsement through an approved tablishing eligibility for an original of- training school or program, one of the ficer or STCW endorsement, subject to character references must be an offi- evaluation by the OCMI to determine cial of that school or program. that it is a fair and reasonable equiva- (v) For an endorsement for which no lent to service acquired on merchant commercial experience may be re- vessels of the United States, with required, such as master or mate 25–200 spect to grade, tonnage, horsepower, gross tons, OUPV, radio officer, or cer- waters, and operating conditions. An tificate of registry, the applicant may applicant who has obtained qualifying have the written recommendations of experience on foreign vessels shall sub- three persons who have knowledge of mit satisfactory documentary evidence the applicant’s suitability for duty. of such service (including any nec- (vi) A person may apply for an origi- essary translation into English) in the nal officer or STCW endorsement, or forms prescribed by paragraph (b)(1) of officer or STCW endorsement of a dif- this section. ferent type, while on probation as a re- (4) No applicant for an original offi- sult of administrative action under cer or STCW endorsement who is a nat- part 5 of this chapter. The offense for uralized citizen, and who has obtained which the applicant was placed on pro- experience on foreign vessels, will be bation will be considered in deter- given an original officer endorsement mining his or her fitness to hold the

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endorsement applied for. An officer or (2) Officer endorsements as master or STCW endorsement issued to an appli- mate on vessels of more than 200 GRT. cant on probation will be subject to the (3) All officer endorsements for mas- same probationary conditions as were ter or mate (pilot) of towing vessels, imposed against the applicant’s other except apprentice mate (steersman) of credential. An applicant may not take the vessels, on oceans. an examination for an officer or STCW (4) All officer endorsements for endorsement during any period when a MODUs. suspension without probation or a rev- (5) All officer endorsements for engi- ocation is effective against the appli- neers. cant’s currently held license, merchant (e) First aid and cardiopulmonary re- mariner’s document, or MMC, or while suscitation (CPR) course certificates. All an appeal from these actions is pend- applicants for an original officer ening. dorsement, except as provided in (vii) If an original license, certificate §§ 11.429, 11.456, and 11.467 of this part, of registry, or officer endorsement has must present to the OCMI: been issued when information about (1) A certificate indicating comple- the applicant’s habits of life and char- tion of a first aid course not more than acter is brought to the attention of the one year from the date of application OCMI, if such information warrants the from: belief that the applicant cannot be en- (i) The American National Red Cross trusted with the duties and responsibil- Standard First Aid and Emergency Care or Multi-media Standard First Aid course; ities of the license, certificate of reg- (ii) A Coast Guard-approved first aid istry, or endorsement issued, or if such training course; or information indicates that the applica- (iii) A course the OCMI determines tion for the license, certificate of reg- meets or exceeds the standards of the istry, or endorsement was false or in- American Red Cross courses; and complete, the OCMI may notify the (2) A currently valid certificate of holder in writing that the license, cer- completion of a CPR course from ei- tificate of registry, or endorsement is ther: considered null and void, direct the (i) The American National Red Cross; holder to return the credential to the (ii) The American Heart Association; OCMI, and advise the holder that, upon (iii) A Coast Guard-approved CPR return of the credential, the appeal training course; or procedures of § 10.237 of this chapter (iv) A course the OCMI determines apply. meets or exceeds the standards of the (d) Firefighting certificate. Applicants American Red Cross or American Heart for officer endorsements in the fol- Association courses. lowing categories must present a cer- (f) Professional Examination. (1) When tificate of completion from a fire- the OCMI finds the applicant’s experi- fighting course of instruction which ence and training to be satisfactory has been approved by the Commandant. and the applicant is eligible in all The course must meet both the basic other respects, the OCMI will authorize and advanced sections of the Inter- the examination in accordance with national Maritime Organization’s the following requirements: (IMO) Resolution A.437 (XI) Training of (i) Any applicant for a deck or engi- Crews in Firefighting. (Available from neer officer endorsement limited to the International Maritime Organization vessels not exceeding 500 GRT, or an of- (IMO), 4 Albert Embankment, London ficer endorsement limited to SE1 7SR, England, telephone: + 44 (0)20 uninspected fishing-industry vessels, 7735 7611, http://www.imo.org). The may request an oral-assisted examina- course must have been completed with- tion in lieu of any written or other tex- in five years before the date of applica- tual examination. If there are textual tion for the officer endorsement re- questions that the applicant has dif- quested. ficulty reading and understanding, the (1) Officer endorsement as master on OCMI will offer the oral-assisted exam- vessels of 200 GRT or less in ocean serv- ination. Each officer endorsement ice. based on an oral-assisted examination

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is limited to the specific route and type ing an officer endorsement or license of vessel upon which the applicant ob- as master. For service on vessels of tained the majority of service. under 200 gross tons, owners of vessels (ii) The general instructions for ad- may attest to their own service; how- ministration of examinations and the ever, those who do not own a vessel lists of subjects for all officer endorse- must obtain letters or other evidence ments appear in subpart I of this part. from licensed personnel or the owners The OCMI will place in the applicant’s of the vessels listed. The documentary file a record indicating the subjects evidence produced by the applicant covered. must contain the amount and nature (2) When the application of any per- (e.g. chief mate. assistant engineer, son has been approved, the applicant etc.) of the applicant’s experience, the should take the required examination vessel name, gross tonnage, shaft as soon as practicable. If the applicant horsepower and official numbers, the cannot be examined without delay at routes upon which the experience was the office where the application is acquired, and approximate dates of made, the applicant may request that service. the examination be given at another (b) Port engineer, shipyard super- office. intendent experience, instructor serv- (3) The qualification requirements ice, or similar related service may be for radar observer are contained in creditable for a maximum of six § 11.480 of this part. months of service for raise of grade of (4) An examination is not required an engineer or deck officer endorse- for a staff officer or radio officer en- ment, as appropriate, using the fol- dorsement. lowing: (g) Practical demonstration of skills. (1) Port engineer or shipyard super- Each candidate for an original STCW intendent experience is creditable on a endorsement must successfully com- three-for-one basis for a raise of grade. plete any practical demonstrations re- (Twelve months of experience equals quired under this part and appropriate four months of creditable service.) to the particular endorsement con- (2) Service as a bona fide instructor cerned, to prove that he or she is suffi- at a school of navigation or marine en- ciently proficient in skills required gineering is creditable on a two-for-one under subpart I of this part. The OCMI basis for a raise of grade. (Twelve must be satisfied with the authenticity months of experience equals six and acceptability of all evidence that months of creditable service). each candidate has successfully com- (c) Service on mobile offshore drill- pleted the demonstrations required ing units is creditable for raise of grade under this part in the presence of a des- of officer endorsement. Evidence of one ignated examiner. The OCMI will place year’s service as mate or equivalent a written or electronic record of the while holding a license as third mate, skills required, the results of the prac- or as engineering officer of the watch tical demonstrations, and the identi- or equivalent while holding an officer fication of the designated examiner in endorsement or license as third assist- whose presence the requirements were ant engineer, is acceptable for a raise fulfilled in the file of each candidate. of grade to second mate or second as- [USCG–2006–24371, 74 FR 11237, Mar. 16, 2009] sistant engineer, respectively; however, any subsequent raises of grade of un- §§ 11.207–11.210 [Reserved] limited, nonrestricted officer licenses or endorsements must include a min- § 11.211 Creditable service and equiva- imum of six months of service on con- lents for officer endorsements. ventional vessels. (a) Sea service may be documented (d) Service on a Dual Mode Inte- for the purposes of this part in various grated Tug Barge (ITB) unit is cred- forms such as certificates of discharge, itable for original or raise of grade of pilotage service and billing forms, and any deck officer endorsement. Service letters or other official documents on a Dual Mode ITB with an aggregate from marine companies signed by ap- tonnage of over 1600 gross tons is cred- propriate officials, or individuals hold- itable on a two-for-one basis (two days

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experience equals one day of creditable manding officer or engineer officer, re- service) for up to 50 percent of the total spectively. service on vessels over 1600 gross tons (b) Service in deck ratings on mili- required for an unlimited officer en- tary vessels such as seaman apprentice, dorsement. The remaining required seaman, boatswain’s mate, quarter- service on vessels of over 1600 gross master, or radarman are considered tons must be obtained on conventional deck service for the purposes of this vessels or Push Mode ITBs. part. Service in other ratings may be (e) Other experience in a marine reconsidered if the applicant establishes lated area, other than at sea, or sea that his or her duties required a service performed on unique vessels, watchstanding presence on or about will be evaluated by the OCMI and for- the bridge of a vessel. Service in engi- warded to the Commandant for a deter- neer ratings on military vessels such as mination of equivalence to traditional fireman apprentice, fireman, service. engineman, machinists, mate, machin- [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as ery technician or boiler tender are con- amended at 54 FR 135, Jan. 4, 1989; USCG– sidered engineer service for the pur- 2006–24371, 74 FR 11238, Mar. 16, 2009] poses of this part. There are also other ratings such as electrician, hull techni- § 11.213 Sea service as a member of the cian, or damage controlman which may Armed Forces of the United States be credited when the applicant estab- and on vessels owned by the United States as qualifying experience. lishes that his or her duties required watchstanding duties in an operating (a) Sea service as a member of the engine room. Armed Forces of the United States will (c) In addition to underway service, be accepted as qualifying experience members of the Armed Forces may ob- for an original, raise of grade, or in- tain creditable service for periods of crease in scope of all officer endorse- assignment to vessels at times other ments. In most cases, military sea than underway, such as in port, at an- service will have been performed upon chor, or in training. Normally, a 25% ocean waters; however, inland service, factor is applied to these time periods. as may be the case on smaller vessels, will be credited in the same manner as This experience can be equated with conventional evaluations. The appli- general shipboard familiarity, training, cant must submit an official transcript ship’s business, and other related du- of sea service as verification of the ties. service claimed when the application is (d) Sea service obtained on sub- submitted. The applicant must also marines is creditable, as if it were sur- provide the Officer in Charge, Marine face vessel service, for deck and engi- Inspection other necessary information neer officer endorsements under the as to tonnage, routes, horsepower, per- provision of paragraph (a) of this sec- centage of time underway, and as- tion. For application to deck officer signed duties upon the vessels which he endorsements, submarine service may or she served. Such service will be eval- be creditable if at least 25 percent of uated by the OCMI and forwarded to all service submitted for the endorse- the Commandant for a determination ment was obtained on surface vessels of its equivalence to sea service ac- (e.g. If four years’ total service were quired on merchant vessels and the ap- submitted for an original officer en- propriate grade, class, and limit of offi- dorsement, at least one year must have cer endorsement for which the appli- been obtained on surface craft in order cant is eligible. Normally, 60 percent of for the submarine service to be eligible the total time on board is considered for evaluation). equivalent underway service; however, (e) Service gained in a civilian capac- the periods of operation of each vessel ity as commanding officer, master, may be evaluated separately. In order mate, engineer, or pilot, etc., of any to be eligible for a master’s or chief en- vessel owned and operated by the gineer’s unlimited officer endorsement, United States, in any service, in which the applicant must have acquired mili- a license or officer endorsement as tary service in the capacity of com- master, mate, engineer, or pilot was

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not required at the time of such serv- sections of the preceding examination. ice, is evaluated by the OCMI and for- If the applicant does not successfully warded to the National Maritime Cen- complete all parts of the examination ter for a determination of equivalence. during a 3-month period from the ini- [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as tial test date, a complete reexamina- amended by USCG–2008–0906, 73 FR 56508, tion must be taken after a lapse of at Sept. 29, 2008; USCG–2006–24371, 74 FR 11238, least 2 months from the date of the last Mar. 16, 2009] retest, and a new examination fee is required. § 11.215 [Reserved] (b) If the OCMI refuses to grant an applicant the endorsement for which § 11.217 Examination procedures and denial of officer endorsements. applied due to failing to pass a required examination, the Coast Guard will pro- (a)(1) The examinations for all deck vide the applicant a written statement and engineer unlimited officer endorse- setting forth the portions of the exam- ments are administered at periodic in- ination which must be retaken and the tervals. The examination fee set out in date by which the examination must be table 10.219(a) in § 10.219 of this chapter completed. must be paid before the applicant may take the first examination section. If [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as an applicant fails three or more sec- amended at 54 FR 135, Jan. 4, 1989; CGD 91– tions of the examination, a complete 002, 58 FR 15238, Mar. 19, 1993; CGD 94–029, 61 reexamination must be taken, but may FR 47064, Sept. 6, 1996; USCG–1997–2799, 64 FR be taken during any of the scheduled 42815, Aug. 5, 1999; USCG–2006–24371, 74 FR exam periods. On the subsequent exam, 11239, Mar. 16, 2009] if the applicant again fails three or §§ 11.219–11.223 [Reserved] more sections, at least 3 months must lapse before another complete examination is attempted, and a new exam- Subpart C—Training Schools with ination fee is required. If an applicant Approved Courses fails one or two sections of an examination, the applicant may be retested § 11.301 Applicability. twice on these sections during the next This subpart prescribes the general 3 months. If the applicant does not suc- requirements applicable to all ap- cessfully complete these sections with- proved courses which may be accepted in the 3 month period, complete reex- in lieu of service experience or exam- amination must be taken after a lapse ination required by the Coast Guard, or of at least 3 months from the date of which satisfy course completion re- the last retest, and a new examination quirements. fee is required. The 3 month retest period may be extended by the OCMI if § 11.302 Course approval. the applicant presents discharges docu- menting sea time which prevented the (a) The Coast Guard approves courses taking of a retest during the 3 month satisfying regulatory requirements and period. The retest period may not be those that substitute for a Coast Guard extended beyond 7 months from the ini- examination or a portion of a sea serv- tial examination. ice requirement. The owner or operator (2) The scheduling of all other deck of a training school desiring to have a and engineer officer endorsement ex- course approved by the Coast Guard aminations will be at the discretion of shall submit a written request to the the OCMI. The examination fee set out Commanding Officer, National Mari- in table 10.219(a) in § 10.219 of this chap- time Center, NMC–42, 100 Forbes Drive, ter must be paid before the applicant Martinsburg WV 25404, that contains: may take the first examination sec- (1) A list of the curriculum including tion. In the event of a failure, the ap- a description of and the number of plicant may be retested twice whenever classroom hours required in each sub- the examination can be rescheduled ject; with the OCMI. The applicant must be (2) A description of the facility and examined in all of the unsatisfactory equipment;

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(3) A list of instructors including the writing of its intention to suspend the experience, background, and the quali- approval and the reasons for suspen- fications of each; and sion. If the approval holder fails to cor- (4) Specify the Coast Guard training rect the reasons for suspension, the requirements the course is intended to course will be suspended and the mat- satisfy. ter referred to the Commanding Offi- (b) The Coast Guard notifies each ap- cer, National Maritime Center. The plicant in writing whether or not an Commanding Officer, National Mari- approval is granted. If a request for ap- time Center, will notify the approval proval is denied, the Coast Guard in- holder that the specific course fails to forms the applicant the reasons for the meet applicable requirements, and ex- denial and describes what corrections plain how those deficiencies can be cor- are required for an approval. rected. The Commanding Officer, Na- (c) Unless sooner surrendered, sus- tional Maritime Center, may grant the pended or withdrawn, an approval for a approval holder up to 60 days in which course at a training school that meets to correct the deficiencies. Coast Guard standards expires 24 (f) Withdrawal of approval. (1) The months after the month in which it is Commanding Officer, National Mari- issued, when the school closes, when time Center, may withdraw approval the school gives notice that it will no for any course when the approval hold- longer offer the course, or on the date er fails to correct the deficiency(ies) of of any change in the ownership of the a suspended course within a time pe- school for which it was issued, which- riod allowed under paragraph (e) of this ever occurs first. section. (d) If the owner or operator of a (2) The Commanding Officer, Na- training school desires to have a course tional Maritime Center, may withdraw approval renewed, they shall submit a approval of any or all courses by an ap- written request to the address listed in proval holder upon a determination paragraph (a) of this section. For the that the approval holder has dem- request to be approved, the Coast onstrated a pattern or history of: Guard must be satisfied that the con- (i) Failing to comply with the appli- tent and quality of instruction remain cable regulations or the requirements satisfactory. Unless sooner surren- of course approvals; dered, suspended or withdrawn, a re- (ii) Substantial deviations from their newal of the approval expires 60 approved course curricula; or months after the month it is issued, (iii) Presenting courses in a manner when the school closes, when the that is insufficient to achieve learning school gives notice that it will no objectives. longer offer the course, or on the date (g) Appeals of suspension or withdrawal of any change in ownership of the of approval. Anyone directly affected school for which it is issued, whichever by a decision to suspend or withdraw occurs first. an approval may appeal the decision to (e) Suspension of approval. If the the Commandant via the Commanding Coast Guard determines that a specific Officer, National Maritime Center, as course does not comply with the provi- provided in § 1.03–40 of this chapter. sions of 46 CFR parts 10, 11, 12, 13 or 15, or the requirements specified in the [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 95–072, 60 FR 50460, Sept. 29, course approval; or substantially devi- 1995; USCG–1998–4442, 63 FR 52189, Sept. 30, ates from the course curriculum pack- 1998; USCG–1998–3824, 64 FR 4984, Feb. 2, 1999; age as submitted for approval; or if the USCG–2004–18884, 69 FR 58342, Sept. 30, 2004; course is being presented in a manner USCG–2008–0906, 73 FR 56508, Sept. 29, 2008; that is insufficient to achieve learning USCG–2006–24371, 74 FR 11239, Mar. 16, 2009; objectives; the cognizant OCMI may USCG–2010–0759, 75 FR 60002, Sept. 29, 2010] suspend the approval, may require the holder to surrender the certificate of § 11.303 General standards. approval, if any, and may direct the Each school with an approved course holder to cease claiming the course is must: Coast Guard approved. The Cognizant (a) Have a well maintained facility OCMI will notify the approval holder in that accommodates the students in a

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safe and comfortable environment con- Commandant may be substituted for a ducive to learning. portion of the required service for (b) Have visual aids for realism, in- many deck and engineer officer en- cluding simulators where appropriate, dorsements and for qualified rating en- which are modern and well maintained dorsements. The list of all currently and sufficient for the number of stu- approved courses of instruction, includ- dents to be accommodated. ing the equivalent service and applica- (c) Give appropriate written or prac- ble endorsements, is maintained by the tical examinations in the course mate- National Maritime Center. Satisfac- rial to each student of such a degree of tory completion of an approved train- difficulty that a student who success- ing course may be substituted for not fully completes them could reasonably more than two-thirds of the required assume that he or she would pass, on service on deck or in the engine depart- the first attempt, an examination pre- ment for deck or engineer officer en- pared by the Coast Guard based upon dorsements, respectively, and qualified knowledge requirements of the position rating endorsements. or endorsement for which the student (b) Service time gained at an ap- is being trained. proved training course does not satisfy (d) Keep for at least one year after recent service requirements nor does the end of each student’s enrollment: training on a simulator; however, any (1) Each written examination, or in underway service at an approved the case of a practical test, a report of course may be used for this purpose. such test; and An applicant who had met the recent (2) A record of each student’s class- service requirement before entering room attendance. school will not be penalized by attend- (e) Not change its approved cur- ing the approved training course. riculum unless approved, in writing, (c) Training obtained before receiv- after the request for change has been ing an officer endorsement may not be submitted in writing to the Com- used for subsequent raises of grade. manding Officer, National Maritime (d) Simulator training in combina- Center (NMC-42). tion with a Coast Guard-approved (f) At any time the Officer in Charge, training course may be submitted to Marine Inspection directs, allow the the Commanding Officer, National Coast Guard to: Maritime Center, for evaluation and (1) Inspect its facilities, equipment, determination of equivalency to re- and records, including scholastic quired sea service. Simulator training records; cannot be substituted for recency re- (2) Conduct interviews and surveys of quirements, but may substitute for a students to aid in course evaluation maximum of 25 percent of the required and improvement; service for any officer endorsement (3) Assign personnel to observe or transaction. participate in the course of instruc- (e) Except as provided in § 11.202 of tion; and this part, when a candidate both ap- (4) Supervise or administer the re- plies for an STCW endorsement as quired examinations or practical dem- OICNW, on the basis of training or sea onstrations. service, and uses completion of ap- [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as proved training to substitute for re- amended at 54 FR 132, Jan. 4, 1989; CGD 95– quired service, then not less than one 072, 60 FR 50460, Sept. 29, 1995; USCG–1998– year of the remaining service must be 4442, 63 FR 52189, Sept. 30, 1998; USCG–1998– part of approved training that meets 3824, 64 FR 4984, Feb. 2, 1999; USCG–2004–18884, 69 FR 58342, Sept. 30, 2004; USCG–2008–0906, 73 the appropriate requirements of Chap- FR 56508, Sept. 29, 2008] ter II of STCW (incorporated by reference, see § 11.102) and the require- § 11.304 Substitution of training for re- ments of subpart C of this part. The quired service, use of training- training of a candidate must be docu- record books, and use of towing of- mented in a Coast Guard-accepted ficer assessment records. training-record book. (a) Satisfactory completion of cer- (f) Except as provided in § 11.202 of tain training courses approved by the this part, each candidate who applies

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for an STCW endorsement as an OICEW ing vessels, and each master or mate of on the basis of training or sea service self-propelled vessels of greater than for service on seagoing vessels, shall 200 GRT seeking an endorsement for complete onboard training as part of towing vessels, shall complete a towing approved training that meets the ap- officers’ assessment record that con- propriate requirements of Chapter III tains at least the following: of STCW (incorporated by reference, (1) Identification of the candidate, in- see § 11.102) and the requirements of cluding full name, home address, pho- subpart C of this part. The training tograph or photo-image, and personal must be documented in a Coast Guard- signature. accepted training-record book. (2) Objectives of the training and as- (g) The training-record book referred sessment. to in paragraphs (e) and (f) of this sec- (3) Tasks to perform or skills to dem- tion must contain at least the fol- onstrate. lowing: (4) Criteria to use in determining (1) The identity of the candidate. that the tasks or skills have been per- (2) The tasks to be performed or the formed properly. skills to be demonstrated, with ref- (5) A place for a qualified instructor erence to the standards of competence or credentialed officer (with authority set forth in the tables of the appro- to operate a towing vessel) to indicate priate sections in part A of the STCW by his or her initials that the can- Code (incorporated by reference, see didate has received training in the § 11.102). proper performance of the tasks or (3) The criteria to be used in deter- skills. mining that the tasks or skills have (6) A place for a designated examiner been performed properly, again with to indicate by his or her initials that reference to the standards of com- the candidate has successfully competence set forth in the tables of the pleted a practical demonstration and appropriate sections in part A of the has proved proficient in the task or STCW Code (incorporated by reference, skill under the criteria. see § 11.102). (7) Identification of each qualified in- (4) A place for a qualified instructor structor or credentialed officer (with to indicate by his or her initials that authority to operate a towing vessel) the candidate has received training in by full name, home address, employer, the proper performance of the task or job title, ship name or business ad- skill. dress, MMC, license, or document held, (5) A place for a designated examiner and personal signature. to indicate by his or her initials that (8) Identification of each designated the candidate has successfully com- examiner by full name, home address, pleted a practical demonstration and employer, job title, ship name or busi- has proved competent in the task or ness address, serial number of the skill under the criteria, when assess- TWIC, MMC, license, or document held, ment of competence is to be docu- and personal signature confirming that mented in the record books. his or her initials certify that he or she (6) The identity of each qualified in- has witnessed the practical demonstra- structor, including any MMC endorse- tion of a particular task or skill by the ments, license, or document held, and candidate. the instructor’s signature. (i) The training-record book referred (7) The identity of each designated to in paragraphs (e) and (f) of this sec- examiner, when any assessment of tion may be maintained electronically, competence is recorded, including any if the electronic record meets Coast MMC endorsement, license, or docu- Guard-accepted standards for accuracy, ment held, and the examiner’s signa- integrity, and availability. ture confirming that his or her initials (j) Substitution of a training pro- certify that he or she has witnessed the gram in lieu of required service for an practical demonstration of a particular endorsement as mate (pilot) of towing task or skill by the candidate. vessels is governed by § 11.465(a) and (h) Each applicant for an endorse- Table 11.465–1 of this part. ment as master or mate (pilot) of tow- [CGD 81–059, 52 FR 38623, Oct. 16, 1987]

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EDITORIAL NOTE: For FEDERAL REGISTER ci- (E) Safety precautions associated tations affecting § 11.304, see the List of CFR with use and maintenance of marine Sections Affected, which appears in the radar. Finding Aids section of the printed volume and at www.fdsys.gov. (F) Measurement of ranges and bearings. § 11.305 Radar-Observer certificates (G) Effect of size, shape, composition, and qualifying courses. and distance of vessels and terrestrial (a) A student who takes an approved targets on echo. course of training, which includes pass- (iii) Interpretation and analysis of ing both a radar-theory examination radar information: and a practical demonstration on a (A) Radar navigation (including vis- simulator, and who meets the require- ual techniques)—determining posi- ments of this section is entitled to an tions, and detecting changes in the rel- appropriate Radar-Observer certifi- ative motion, of other vessels. cate— (B) Collision-avoidance, including (1) In a form prescribed by the school visual techniques, appropriate to the and acceptable to the Coast Guard; and circumstances and the equipment in (2) Signed by the head of the school. use. (b) The following Radar-Observer cer- (C) Determining the course and speed tificates are issued under this section: of another vessel. (1) Radar Observer (Unlimited). (D) Determining the time and dis- (2) Radar Observer (Inland Waters tance of closest point of approach of a and Gulf-Intracoastal Waterway crossing, meeting, overtaking, or over- [GIWW]). taken vessel. (3) Radar Observer (Rivers). (E) Detecting changes of course or (4) Radar Observer (Unlimited: Re- speed of another vessel after its initial newal). course and speed have been established. (5) Radar Observer (Inland Waters (F) Applying the Navigational Rules, and GIWW: Renewal). Chapters 30 and 34 of Title 33 U.S. Code (6) Radar Observer (Rivers: Renewal). [Commandant Instruction M16672.2C, as (c) A school with an approved Radar- amended, or equivalent], and other fac- Observer course may issue a certificate tors to consider when determining listed in paragraph (b) of this section changes of course or speed of a vessel after the student has successfully com- to prevent collisions on the basis of pleted the appropriate curriculum as radar observation. follows: (G) Use of radar in maintaining situ- (1) Radar Observer (Unlimited). ational awareness. Classroom instruction—including dem- (iv) Plotting (by any graphically-cor- onstration and practical exercises rect method): using simulators—and examination, in (A) Principles and methods of plot- the following subjects: ting relative and true motion. (i) Fundamentals of radar: (B) Practical-plotting problems. (A) How radar works. (2) Radar Observer (Inland Waters (B) Factors affecting the perform- and GIWW). Classroom instruction— ance and accuracy of marine radar. with emphasis on situations and prob- (C) Purposes and functions of the lems encountered on inland waters and main components that constitute a the GIWW, including demonstration typical marine-radar system. and practical exercises using simula- (ii) Operation and use of radar: tors—and examination, in the fol- (A) Purpose and adjustment of con- lowing subjects: trols. (i) Fundamentals of radar: (B) Detection of malfunctions, false (A) How radar works. and indirect echoes, and other radar (B) Factors affecting the perform- phenomena. ance and accuracy of marine radar. (C) Effects of sea return, weather, (C) Purpose and functions of the and other environmental conditions. main components that constitute a (D) Limitations of radar resulting typical marine-radar system. from design factors. (ii) Operation and use of radar:

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(A) Purpose and adjustment of con- (A) Purpose and adjustment of controls. trols. (B) Detection of malfunctions, false (B) Detection of malfunctions, false and indirect echoes, and other radar and indirect echoes, and other radar phenomena. phenomena. (C) Effects of sea return, weather, (C) Effects of sea return, weather, and other environmental conditions. and other environmental conditions. (D) Limitations of radar resulting (D) Limitations of radar resulting from design factors. from design factors. (E) Safety precautions associated (E) Safety precautions associated with use and maintenance of marine with use and maintenance of marine radar. radar. (F) Measurement of ranges and bear- (F) Measurement of ranges and bearings. ings, recognizing limited use of radar (G) Effect of size, shape, composition, bearings in curving, narrow channels. and distance of vessels and terrestrial (G) Effect of size, shape, composition, targets on echo. and distance of vessels and terrestrial (iii) Interpretation and analysis of targets on echo. radar information: (iii) Interpretation and analysis of radar information: (A) Radar navigation (including vis- (A) Radar navigation (including visual techniques)—determining posi- ual techniques)—determining positions, and detecting changes in the rel- tions, and detecting changes in the relative motion, of other vessels. ative motion, of other vessels. (B) Collision-avoidance, including (B) Collision-avoidance, including visual techniques, appropriate to the visual techniques, appropriate to the circumstances and the equipment in circumstances and the equipment in use. use. (C) Determining the course and speed (C) Applying the Navigational Rules, of another vessel. and other factors to consider when de- (D) Determining the time and dis- termining changes of course or speed of tance of closest point of approach of a a vessel to prevent collisions on the crossing, meeting, overtaking, or over- basis of radar observation. taken vessel. (D) Use of radar in maintaining situ- (E) Detecting changes of course or ational awareness. speed of another vessel after its initial (4) Radar Observer (Unlimited: Re- course and speed have been established. newal). Classroom instruction—includ- (F) Applying the Navigational Rules, ing demonstration and practical exer- and other factors to consider when de- cises using simulators—and examina- termining changes of course or speed of tion, in the following subjects: a vessel to prevent collisions on the (i) Interpretation and analysis of basis of radar observation. radar information: (G) Use of radar in maintaining situ- (A) Radar navigation (including vis- ational awareness. ual techniques)—determining posi- (3) Radar Observer (Rivers). Class- tions, and detecting changes in the rel- room instruction—with emphasis on ative motion, of other vessels. situations and problems encountered (B) Collision-avoidance, including on rivers, including demonstration and visual techniques, appropriate to the practical exercises using simulators— circumstances and the equipment in and examination, in the following sub- use. jects: (C) Determining the course and speed (i) Fundamentals of radar: of another vessel. (A) How radar works. (D) Determining the time and dis- (B) Factors affecting the perform- tance of closest point of approach of a ance and accuracy of marine radar. crossing, meeting, overtaking, or over- (C) Purpose and functions of the taken vessel. main components that constitute a (E) Detecting changes of course or typical marine-radar system. speed of another vessel after its initial (ii) Operation and use of radar: course and speed have been established.

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(F) Applying the Navigational Rules, termining changes of course or speed of and other factors to consider when de- a vessel to prevent collisions on the termining changes of course or speed of basis of radar observation. a vessel to prevent collisions on the (iv) Use of radar in maintaining situ- basis of radar observation. ational awareness. (G) Use of radar in maintaining situ- ational awareness. [CGD 94–041, 62 FR 11303, Mar. 11, 1997] (ii) Plotting (by any graphically-correct method): § 11.306 [Reserved] (A) Principles and methods of plot- § 11.307 Training schools with ap- ting relative and true motion. proved radar observer courses. (B) Practical-plotting problems. (5) Radar Observer (Inland Waters The Commanding Officer, National and GIWW: Renewal). Classroom in- Maritime Center, NMC–42, 100 Forbes struction—including demonstration Drive, Martinsburg WV 25404 maintains and practical exercises using simula- the list of approved schools and spe- tors—and examination, in the interpre- cific courses. This information is avail- tation and analysis of radar informa- able upon request by writing the afore- tion, including: mentioned address or calling (202) 493– (i) Radar navigation (including visual 1025 (also available on the internet at: techniques—determining positions, and http://www.uscg.mil/STCW//). detecting changes in the relative mo- [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as tion, of other vessels. amended at 54 FR 132, Jan. 4, 1989; CGD 95– (ii) Collision-avoidance, including 072, 60 FR 50460, Sept. 29, 1995; USCG–1998– visual techniques, appropriate to the 4442, 63 FR 52189, Sept. 30, 1998; USCG–2004– circumstances and the equipment in 18884, 69 FR 58342, Sept. 30, 2004; USCG–2007– use. 29018, 72 FR 53964, Sept. 21, 2007; USCG–2008– (iii) Determining the course and 0906, 73 FR 56508, Sept. 29, 2008] speed of another vessel. (iv) Determining the time and dis- § 11.309 Coast Guard-accepted training tance of closest point of approach of a other than approved courses. crossing, meeting, overtaking, or over- (a) When the training and assessment taken vessel. of competence required by this part are (v) Detecting changes of course or not subject to Coast Guard approval speed of another vessel after its initial under § 11.302, but are used to qualify to course and speed have been established. hold an STCW endorsement, such (vi) Applying the Navigational Rules, training and assessment must meet the and other factors to consider when de- following requirements: termining changes of course or speed of (1) The training and assessment must a vessel to prevent collisions on the have written, clearly defined objectives basis of radar observation. that emphasize specific knowledge, (vii) Use of radar in maintaining situ- skills, and abilities, and that include ational awareness. criteria to be used in establishing a (6) Radar Observer (Rivers: Renewal). student’s successful achievement of the Classroom instruction—including dem- training objectives. onstration and practical exercises using simulators—and examination, in (2) The training must be set out in a the interpretation and analysis of written syllabus that conforms to a radar information, including: Coast Guard-accepted outline for such (i) Radar navigation (including visual training and includes— techniques)—determining positions, (i) The sequence of subjects to be cov- and detecting changes in the relative ered; motion, of other vessels. (ii) The number of hours to be de- (ii) Collision-avoidance, including voted to instruction in relevant areas visual techniques, appropriate to the of knowledge; circumstances and the equipment in (iii) The identity and professional use. qualifications of the instructor(s) to be (iii) Applying the Navigational Rules, conducting the training or providing and other factors to consider when de- instruction;

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(iv) The identification of other media and criteria set out in part A of the or facilities to be used in conducting STCW Code is conducted by a des- training; and ignated examiner who has experience, (v) Measurements at appropriate in- training, or instruction in assessment tervals of each candidate’s progress to- techniques. ward acquisition of the specific knowl- (9) Records of the student’s perform- edge, skills, and abilities stated in the ance are maintained for at least 1 year training objectives. by the offeror of the training and as- (3) Except as provided in paragraph sessment. (a)(4) of this section, documentary evi- (10) To ensure that the training is dence must be readily available to es- meeting its objectives, and the require- tablish that all instructors— ments of paragraphs (a)(1) through (9) (i) Have experience, training, or in- of this section, the offeror must ei- struction in effective instructional ther— techniques; (i) Be regulated as a maritime acad- (ii) Are qualified in the task for emy or marine academy pursuant to 46 which the training is being conducted; CFR part 310; or and (ii) Monitor the training in accord- (iii) Hold the level of license, officer ance with a Coast Guard-accepted QSS, endorsement, or other professional cre- which must include the following fea- dential required of those who would tures: apply on board a vessel the relevant (A) The training must be provision- level of knowledge, skills, and abilities ally certified, on the basis of an initial described in the training objectives. independent evaluation conducted (4) Neither a specialist in a particular under a Coast Guard-accepted QSS, as field of nonmaritime education, such being capable of meeting its objective. as mathematics or first aid, nor a per- (B) The training must be periodically son with at least 3 years of service as a monitored in accordance with the member of the Armed Forces of the schedule stipulated under the Coast United States, specializing in the field Guard-accepted QSS. in which he or she is to conduct train- (C) Each person conducting the ini- ing, need hold a maritime license, tial evaluation or the subsequent peri- MMC, or document to conduct training odic monitoring of the training shall be in that field. knowledgeable about the subjects (5) A simulator may be used in train- being evaluated or monitored and ing if— about the national and international (i) The simulator meets applicable requirements that apply to the train- performance standards; ing, and shall not himself or herself be (ii) The instructor has gained prac- involved in the training and assess- tical operational experience on the par- ment of students. ticular type of simulator being used; (D) Each person evaluating or moni- and toring the training shall have access to (iii) The instructor has received ap- all appropriate documents and facili- propriate guidance in instructional ties, and shall have opportunities both techniques involving the use of simula- to observe all appropriate activities tors. and to conduct confidential interviews (6) Essential equipment and instruc- when necessary. tional materials must afford all stu- (E) Arrangements must be such as to dents adequate opportunity to partici- ensure that no person evaluating or pate in exercises and acquire practice monitoring the training is penalized or in performing required skills. rewarded, directly or indirectly, by the (7) A process for routinely assessing sponsor of the training for making any the effectiveness of the instructors, in- particular observations or for reaching cluding the use of confidential evalua- any particular conclusions. tions by students, is in place. (11) Each person conducting the ini- (8) Documentary evidence is readily tial evaluation under paragraph available to establish that any evalua- (a)(10)(ii)(A) of this section or the peri- tion of whether a student is competent odic monitoring of the training under in accordance with standards, methods, paragraph (a)(10)(ii)(B) of this section

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shall communicate his or her conclu- tional training or assessment is docu- sions to the Commanding Officer, Na- mented. tional Maritime Center, NMC–42, 100 [CGD 95–062, 62 FR 34531, June 26, 1997, as Forbes Drive, Martinsburg WV 25404, amended by USCG-1998–4442, 63 FR 52189, within 1 month of the completion of Sept. 30, 1998; USCG-2004–18884, 69 FR 58342, the evaluation or the monitoring. Sept. 30, 2004; USCG–2007–29018, 72 FR 53964, (12) Each offeror of the training shall Sept. 21, 2007; USCG–2008–0906, 73 FR 56508, let the Coast Guard or someone author- Sept. 29, 2008; USCG–2006–24371, 74 FR 11239, ized by the Coast Guard observe the Mar. 16, 2009] records of a student’s performance and records otherwise relating to para- Subpart D—Professional graphs (a)(1) through (10) of this sec- Requirements for Deck Officers tion. (b) The Coast Guard will maintain a § 11.401 Ocean and near-coastal officer list of training each of whose offerors or STCW endorsements. submits a certificate, initially not less (a) Any license or MMC endorsement than 45 calendar days before offering for service as master or mate on ocean training under this section, and annu- waters qualifies the mariner to serve in ally thereafter, signed by the offeror or the same grade on any waters, subject its authorized representatives, stating to the limitations of the endorsement. that the training fully complies with (b) A license or MMC endorsement requirements of this section, and iden- issued for service as master or mate on tifying the Coast Guard-accepted QSS near-coastal waters qualifies the mar- being used for independent monitoring. iner to serve in the same grade on Training programs on this list will near-coastal, Great Lakes, and inland offer the training necessary for officer waters, subject to the limitations of and STCW endorsements under this the endorsement. part. The Coast Guard will update this (c) Near-coastal endorsements for list periodically and make it available any gross tons require the same num- to members of the public on request. ber of years of service as the ocean-un- (c) If the Coast Guard determines, on limited endorsements. The primary dif- the basis of observations or conclusions ferences in these endorsements are the either of its own or of someone author- nature of the service and the profes- ized by it to monitor the training, that sional examination as explained in sub- particular training does not satisfy one part I of this part. or more of the conditions described in (d) A mariner having a master or paragraph (a) of this section— mate near-coastal license or MMC en- (1) The Coast Guard will so notify the dorsement obtained with ocean service offeror of the training by letter, enclos- may have an MMC endorsed for ocean ing a report of the observations and service by completing the appropriate conclusions; examination deficiencies, provided that (2) The offeror may, within a period the additional service requirements of specified in the notice, either appeal paragraph (e) of this section do not the observations or conclusions to the apply. Commandant (CG-543) or bring the (e) Master or third mate near-coastal training into compliance; and unlimited endorsements may be ob- (3) If the appeal is denied—or the detained by completing the prescribed ex- ficiency is not corrected in the allotted amination in subpart I of this part and time, or within any additional period satisfying the requirements of para- judged by the Coast Guard to be appro- graph (g) of this section while holding priate, considering progress toward a license or MMC endorsement as un- compliance—the Coast Guard will re- limited master or mate, respectively, move the training from the list main- upon Great Lakes and inland waters. tained under paragraph (b) of this sec- To have a near-coastal-unlimited en- tion until it can verify full compliance; dorsement obtained in this manner en- and it may deny applications for li- dorsed for ocean service, the mariner censes for officer or STCW endorse- must obtain 12 months of service as a ments based in whole or in part on deck-watch officer or higher on ocean training not on the list, until addi- waters on vessels of 1,600 GRT or over,

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in addition to completing the examina- completion of the signaling examination topics. tion. (f) Masters and mates endorsements [USCG–2006–24371, 74 FR 11240, Mar. 16, 2009] for service on vessels of more than 200 gross tons may be endorsed for sail or § 11.402 Tonnage requirements for auxiliary sail as appropriate. The ap- ocean or near coastal endorsements plicant must present the equivalent for vessels of over 1600 gross tons. total qualifying service required for (a) To qualify for an ocean or near conventional officer endorsements in- coastal endorsement for vessels of any cluding at least one year of deck expe- gross tons, all the required experience rience on that specific type of vessel. must be obtained on vessels of over 200 For example, for an officer endorse- gross tons. At least one-half of the re- ment as a master of vessels of not more quired experience must be obtained on than 1,600 gross tons endorsed for auxil- vessels of over 1600 gross tons. iary sail, the applicant must meet the (b) If the applicant for an endorse- total experience requirements for the ment as master or mate does not have the service on vessels over 1600 gross conventional officer endorsement, in- tons required by paragraph (a) of this cluding time as mate and the proper section, or is qualifying for third mate tonnage experience, including at least under the provisions of § 11.407(c) of one year of deck service on appro- this subpart, a tonnage limitation is priately sized auxiliary-sail vessels. placed on the endorsement based on For an endorsement to serve on vessels the applicant’s qualifying experience. of 200 gross tons or less, see individual The endorsement is limited to the endorsement requirements. maximum tonnage on which at least 25 (g) In order to obtain a master or percent of the required experience was mate endorsement with a tonnage obtained, or 150 percent of the max- limit above 200 gross tons, or an en- imum tonnage on which at least 50 per- dorsement for 200 gross tons or less cent of the service was obtained, with an ocean route, whether an origi- whichever is higher. Limitations are in nal, raise in grade, or increase in the multiples of 1000 gross tons, using the scope of the endorsement authority to next higher figure when an inter- a higher tonnage category, the appli- mediate tonnage is calculated. When cant must successfully complete the the calculated limitation equals or ex- following training and examination re- ceeds 10,000 gross tons, the applicant is quirements: issued an unlimited tonnage endorse- (1) Approved firefighting course; ment. (2) Approved radar-observer course; (c) Tonnage limitations imposed and under paragraph (b) of this section may be raised or removed in the following (3) Qualification as an able seaman manner: unlimited or able seaman limited (able (1) When the applicant has six seaman special or able seaman offshore months of service on vessels of over supply vessels satisfy the able seaman 1600 gross tons in the highest grade en- requirement for endorsements permit- dorsed, all tonnage limitations are re- ting service on vessels of 1,600 gross moved. tons or less). (2) When the applicant has a total of (h) Each applicant for a deck officer six months of service on vessels of over endorsement, which authorizes service 1600 gross tons in any capacity as an of- on vessels above 1,600 gross tons on ficer other than the highest grade for ocean or near-coastal waters, whether which endorsed, all tonnage limita- original or raise of grade, must pass a tions for the grade in which the service practical-signaling examination (flash- is performed are removed and the next ing light). An applicant who fails in higher grade endorsement is raised to practical signaling, but passes every the tonnage of the vessel on which the other part of the examination, may be majority of the service was performed. issued an endorsement with a 1,600 The total cumulative service before gross ton limitation. The tonnage limi- and after issuance of the limited li- tation can be removed upon successful cense or MMC endorsement may be

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considered in removing all tonnage graph (c) of this section to increase the limitations. tonnages of their licenses or endorse- (3) When the applicant has 12 months ments. of service as able seaman on vessels over 1600 gross tons while holding a li- [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as cense or endorsement as third mate, all amended at 54 FR 135, Jan. 4, 1989; USCG– tonnage limitations on the third 2006–24371, 74 FR 11240, Mar. 16, 2009] mate’s license or MMC endorsement § 11.403 Structure of deck officer en- are removed. dorsements. (d) Individuals holding licenses or endorsements as master or mate of ves- The following diagram illustrates the sels of not more than 1600 gross tons, deck officer endorsement structure, in- not more than 500 gross tons, or not cluding cross over points. The section more than 25–200 gross tons are prohib- numbers on the diagram refer to the ited from using the provisions of para- specific requirements applicable.

[USCG–2006–24371, 74 FR 11240, Mar. 16, 2009] license or MMC endorsement as chief mate of ocean steam or motor vessels § 11.404 Service requirements for mas- as follows: ter of ocean or near coastal steam (1) A minimum of six months of serv- or motor vessels of any gross tons. ice as chief mate; and, The minimum service required to (2) Service as officer in charge of a qualify an applicant for an endorse- navigational watch accepted on a two- ment as master of ocean or near coast- for-one basis (12 months as second or al steam or motor vessels of any gross third mate equals six months of cred- tons is: itable service). (a) One year of service as chief mate on ocean steam or motor vessels; or, [CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redes- ignated and amended by USCG–2006–24371, 74 (b) One year of service on ocean FR 11216 and 11241, Mar. 16, 2009] steam or motor vessels while holding a

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§ 11.405 Service requirements for chief tons by completing the prescribed ex- mate of ocean or near coastal steam amination in subpart I of this part. or motor vessels of any gross tons. [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as The minimum service required to amended at 54 FR 138, Jan. 4, 1989; USCG– qualify an applicant for an endorse- 2006–24371, 74 FR 11241, Mar. 16, 2009] ment as chief mate of ocean or near § 11.407 Service requirements for third coastal steam or motor vessels of any mate of ocean or near coastal steam gross tons is one year of service as offi- or motor vessels of any gross tons. cer in charge of a navigational watch (a) The minimum service or training on ocean steam or motor vessels while required to qualify an applicant for an holding a license or MMC endorsement endorsement as third mate of ocean or as second mate. near coastal steam or motor vessels of [CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redes- any gross tons is: ignated and amended by USCG–2006–24371, 74 (1) Three years of service in the deck FR 11216 and 11241, Mar. 16, 2009] department on ocean steam or motor vessels, six months of which shall have § 11.406 Service requirements for sec- been as able seaman, boatswain, or ond mate of ocean or near coastal quartermaster, while holding a certifi- steam or motor vessels of any gross cate or endorsement as able seaman. tons. Experience gained in the engine de- The minimum service required to partment on vessels of appropriate ton- qualify an applicant for an endorse- nage may be creditable for up to three ment as second mate of ocean or near months of the service requirements for coastal steam or motor vessels of any this officer endorsement; or, gross tons is: (2) Graduation from: (i) The U.S. Merchant Marine Acad- (a) One year of service as officer in emy (deck curriculum); charge of a navigational watch on (ii) The U.S. Coast Guard Academy ocean steam or motor vessels while and qualification as an underway offi- holding a license or endorsement as cer in charge of a navigational watch; third mate; or, (iii) The U.S. Naval Academy and (b) While holding a license or MMC qualification as an underway officer in endorsement as third mate of ocean charge of a navigational watch; or, steam or motor vessels of any gross (iv) The deck class of a maritime tons, 12 months of service on deck as academy approved by and conducted follows: under rules prescribed by the Maritime (1) A minimum of six months service Administrator and listed in part 310 of as officer in charge of a deck watch on this title, including the ocean option ocean steam or motor vessels; in com- program in the deck class of the Great bination with, Lakes Maritime Academy; or, (2) Service on ocean steam or motor (3) Satisfactory completion of a three vessels as boatswain, able seaman, or year apprentice mate training program quartermaster while holding a certifi- approved by the Commandant. cate or MMC endorsement as able sea- (b) Graduation from the deck class of man, which may be accepted on a two- the Great Lakes Maritime Academy with no ocean sea service will qualify for-one basis to a maximum allowable the graduate to be examined for an en- substitution of six months (12 months dorsement as third mate near coastal of experience equals 6 months of cred- steam or motor vessels of any gross itable service); or, tons. (c) An individual holding an endorse- (c) While holding a license or MMC ment or license as master of Great endorsement as master of ocean or Lakes and inland steam or motor ves- near coastal steam or motor vessels of sels of any gross tons or master of in- not more than 1,600 gross tons, one land steam or motor vessels of any year of service as master on vessels of gross tons, may obtain an endorsement over 200 gross tons operating on ocean as second mate of ocean or near coastal or near coastal waters will qualify the steam or motor vessels of any gross applicant for an endorsement as third

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mate of ocean or near coastal steam or sels. One year of the service as master, motor vessels of any gross tons. mate, master or mate (pilot) of towing [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as vessels, or equivalent supervisory posi- amended by USCG 2002–13213, 67 FR 64315, tion must have been on vessels of over Oct. 18, 2002; USCG–2006–24371, 74 FR 11241, 100 gross tons; or, Mar. 16, 2009] (b) An applicant holding a license or MMC endorsement as chief mate or § 11.410 Requirements for deck officer second mate of ocean or near coastal endorsements for vessels of not more than 1600 gross tons. steam or motor vessels of over 1600 gross tons is eligible for this endorse- (a) Endorsements as master and mate ment upon completion of a limited ex- of vessels of not more than 1600 gross amination. tons are issued in the following tonnage categories: [CGD 81–059, 54 FR 138, Jan. 4, 1989, as amend- (1) Not more than 1,600 gross tons; ed by USCG–1999–6224, 64 FR 63228, Nov. 19, (2) Not more than 500 gross tons; or, 1999; 66 FR 20936, Apr. 26, 2001; USCG–2006– (3) Between 25–200 gross tons in 50 ton 24371, 74 FR 11241, Mar. 16, 2009] increments and with appropriate mode of propulsion such as steam or motor, § 11.414 Service requirements for mate sail, or auxiliary sail. of ocean steam or motor vessels of (b) Experience gained in the engine not more than 1600 gross tons. department on vessels of appropriate The minimum service required to tonnage may be creditable for up to 25 qualify an applicant for an endorse- percent of the service requirements for ment as mate of ocean steam or motor any mate endorsement in this cat- vessels of not more than 1600 gross tons egory. is: (c) An officer’s endorsement in this (a) Three years total service in the category obtained with an orally-as- deck department of ocean or near sisted examination will be limited to coastal steam or motor, sail, or auxil- 500 gross tons. In order to raise that iary sail vessels. Service on Great tonnage limit to 1,600 gross tons, the Lakes and inland waters may sub- written examination and service re- stitute for up to 18 months of the requirements must be satisfied. quired service. One year of the required [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as service must have been on vessels of amended at 54 FR 138, Jan. 4, 1989; USCG– over 100 gross tons. One year of the re- 2006–24371, 74 FR 11241, Mar. 16, 2009] quired service must have been as a § 11.412 Service requirements for mas- master, mate master or mate (pilot) of ter of ocean or near coastal steam towing vessels, or equivalent super- or motor vessels of not more than visory position while holding a license 1600 gross tons. or MMC endorsement as master, mate, The minimum service required to master or mate (pilot) of towing ves- qualify an applicant for an endorse- sels. Six months of the required service ment as master of ocean or near coast- as master, mate, master or mate (pilot) al steam or motor vessels of not more of towing vessels, or equivalent super- than 1600 gross tons is: visory position must have been on ves- (a) Four years total service on ocean sels of over 100 gross tons; or, or near coastal waters. Service on (b) Three years total service in the Great Lakes and inland waters may deck department on ocean or near substitute for up to two years of the re- coastal steam or motor, sail, or auxil- quired service. Two years of the re- iary sail vessels of over 200 gross tons. quired service must have been on ves- Six months of the required service sels of over 100 gross tons. Two years of must have been as able seaman. the required service must have been as a master, mate master or mate (pilot) [CGD 81–059, 54 FR 138, Jan. 4, 1989, as amend- of towing vessels, or equivalent super- ed by USCG–1999–6224, 64 FR 63228, Nov. 19, visory position while holding a license 1999; 66 FR 20936, Apr. 26, 2001; USCG–2006– or MMC endorsement as master, mate, 24371, 74 FR 11241, Mar. 16, 2009] master or mate (pilot) of towing ves-

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§ 11.416 Service requirements for mate near-coastal routes and completion of a of near coastal steam or motor ves- limited examination. sels of not more than 1600 gross tons. [CGD 81–059, 54 FR 138, Jan. 4, 1989, as amended by USCG–1999–6224, 64 FR 63228, Nov. 19, The minimum service required to 1999; USCG–2006–24371, 74 FR 11242, Mar. 16, qualify an applicant for an endorse- 2009] ment as mate of near coastal steam or motor vessels of not more than 1600 § 11.420 Service requirements for mate of ocean steam or motor vessels of gross tons is two years total service in not more than 500 gross tons. the deck department of ocean or near coastal steam or motor, sail, or auxil- The minimum service required to qualify an applicant for an endorse- iary sail vessels. Service on Great ment as mate of ocean steam and Lakes and inland waters may sub- motor vessels of not more than 500 stitute for up to one year of the re- gross tons is two years total service in quired service. One year of the required the deck department of ocean or near service must have been on vessels of coastal steam or motor, sail, or auxil- over 100 gross tons. Six months of the iary sail vessels. Service on Great required service must have been as able Lakes and inland waters may sub- seaman, boatswain, quartermaster, or stitute for up to one year of the re- equivalent position on vessels of over quired service. One year of the required 100 gross tons while holding a certifi- service must have been as a master, cate or endorsement as able seaman. mate, or equivalent supervisory posi- [CGD 81–059, 54 FR 138, Jan. 4, 1989, as amend- tion while holding a license or endorse- ed by USCG–2006–24371, 74 FR 11242, Mar. 16, ment as master, mate, or operator of 2009] uninspected passenger vessels. Six months of the required service as mas- § 11.418 Service requirements for master, mate, or equivalent supervisory ter of ocean or near coastal steam position must have been on vessels of or motor vessels of not more than over 50 gross tons. 500 gross tons. The minimum service required to [CGD 81–059, 54 FR 138, Jan. 4, 1989, as amended by USCG–1999–6224, 64 FR 63228, Nov. 19, qualify an applicant for an endorse- 1999; USCG–2006–24371, 74 FR 11242, Mar. 16, ment as master of ocean or near coast- 2009] al steam or motor vessels of not more than 500 gross tons is: § 11.421 Service requirements for mate (a) Three years total service on ocean of near coastal steam or motor ves- or near coastal waters. Service on sels of not more than 500 gross tons. Great Lakes and inland waters may The minimum service required to substitute for up to 18 months of the qualify an applicant for an endorse- required service. Two years of the re- ment as mate of near coastal steam or quired service must have been as a motor vessels of not more than 500 master, mate, or equivalent super- gross tons is two years total service in visory position while holding a license the deck department of ocean or near or MMC endorsement as master, mate, coastal steam or motor, sail, or auxil- or operator of uninspected passenger iary sail vessels. Service on Great vessels. One year of the required serv- Lakes and inland waters may sub- ice as master, mate, or equivalent su- stitute for up to one year of the re- pervisory position must have been on quired service. One year of the required vessels of over 50 gross tons. service must have been on vessels of (b) The holder of a license or MMC over 50 gross tons. Three months of the endorsement as master or mate (pilot) required service must have been as able of towing vessels authorizing service seaman, boatswain, quartermaster, or on oceans or near-coastal routes is eli- equivalent position on vessels of over gible for an endorsement as master of 50 gross tons while holding a certificate ocean or near-coastal steam or motor or endorsement as able seaman. vessels of not more than 500 gross tons [CGD 81–059, 54 FR 138, Jan. 4, 1989, as amend- after both 1 year of service as master ed by USCG–2006–24371, 74 FR 11242, Mar. 16, or mate of towing vessels on oceans or 2009]

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§ 11.422 Tonnage limitations and quali- less, the officer endorsement will be fying requirements for endorse- limited to vessels of not more than 25 ments as master or mate of vessels gross tons. of not more than 200 gross tons. [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as (a) Except as noted in paragraph (e), amended by CGD 81–059, 54 FR 139, Jan. 4, all endorsements issued for master or 1989; USCG–2006–24371, 74 FR 11242, Mar. 16, mate of vessels of not more than 200 2009] gross tons are issued in 50 gross ton increments based on the applicant’s § 11.424 Service requirements for mas- qualifying experience. The endorse- ter of ocean steam or motor vessels ment is limited to the maximum ton- of not more than 200 gross tons. nage on which at least 25 percent of the (a) The minimum service required to required experience was obtained, or qualify an applicant for an officer en- 150 percent of the maximum tonnage dorsement as master of ocean steam or on which at least 50 percent of the motor vessels of not more than 200 service was obtained, whichever is gross tons is: higher. Limitations are in multiples of (1) Three years total service on ocean 50 gross tons using the next higher fig- or near coastal waters. Service on ure when an intermediate tonnage is Great Lakes and inland waters may calculated. substitute for up to 18 months of the (b) The tonnage limitation on these required service. Two years of the re- endorsements may be raised upon com- quired service must have been as mas- pletion of: ter, mate, or equivalent supervisory (1) At least 45 days of additional serv- position while holding a license or ice on deck on a vessel of a higher ton- MMC endorsement as master, as mate, nage for a tonnage increase on a mate’s or as operator of uninspected passenger endorsement; or, vessels; or, (2) At least 90 days of additional serv- (2) Two years total service as a mas- ice on deck on a vessel of a higher ton- ter or mate of ocean or near-coastal nage for a tonnage increase on a mas- towing vessels. Completion of a limited ter’s endorsement; or, examination is also required. (3) Additional service, which, when (b) In order to obtain an officer en- combined with all previously accumu- dorsement for sail or auxiliary sail ves- lated service, will qualify the applicant sels, the applicant must submit evi- for a higher tonnage officer endorse- dence of 12 months of service on sail or ment under the basic formula; or, auxiliary sail vessels. The required 12 (4) Six months additional service in months of service may have been ob- the deck department on vessels within tained prior to issuance of the master’s the highest tonnage increment on the license or MMC endorsement. officer’s license or MMC endorsement. (c) In addition to any required exam- In this case, the tonnage limitation ination, the applicant must comply may be raised one increment. with the requirements listed in (c) When the service is obtained on § 11.401(g). vessels upon which no personnel need [CGD 81–059, 54 FR 139, Jan. 4, 1989, as amend- an officer endorsement or license, the ed by USCG–1999–6224, 64 FR 63228, Nov. 19, OCMI must be satisfied that the nature 1999; USCG–2006–24371, 74 FR 11242, Mar. 16, of this qualifying service (i.e., size of 2009] vessel, route, equipment, etc.) is a reasonable equivalent to the duties per- § 11.426 Service requirements for mas- formed on vessels which are required to ter of near coastal steam or motor engage individuals with officer en- vessels of not more than 200 gross dorsements. tons. (d) Service gained in the engine room (a) The minimum service required to on vessels of not more than 200 gross qualify an applicant for an endorse- tons may be creditable for up to 25 per- ment as master of near coastal steam cent of the deck service requirements or motor vessels of not more than 200 for mate. gross tons is: (e) When the qualifying service is ob- (1) Two years total service on ocean tained upon vessels of five gross tons or or near coastal waters. Service on

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Great Lakes and inland waters may sels, the applicant must submit evi- substitute for up to one year of the re- dence of six months of deck service on quired service. One year of the required sail or auxiliary sail vessels. service must have been as a master, (d) A license or MMC endorsement as mate, or equivalent supervisory posi- master of near coastal steam or motor tion while holding a license or endorse- vessels may be endorsed as mate of sail ment as master, as mate, or as oper- or auxiliary sail vessels upon presen- ator of uninspected passenger vessels; tation of three months of service on or, sail or auxiliary sail vessels. (2) One year of total service as mas- (e) In order to obtain a tonnage enter or mate of towing vessels on oceans dorsement for over 100 gross tons, the or near-coastal routes. Completion of a applicant must complete the additional limited examination is also required. examination topics indicated in sub- (b) In order to obtain an this officer part I of this part. endorsement for sail or auxiliary sail [CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redes- vessels, the applicant must submit evi- ignated and amended by CGD 81–059, 54 FR dence of 12 months of service on sail or 139, Jan. 4, 1989; USCG–2006–24371, 74 FR 11242, auxiliary sail vessels. The required 12 Mar. 16, 2009] months of service may have been obtained prior to issuance of the master’s § 11.428 Service requirements for mas- license or MMC endorsement. ter of near coastal steam or motor vessels of not more than 100 gross [CGD 81–059, 54 FR 139, Jan. 4, 1989, as amend- tons. ed by USCG–1999–6224, 64 FR 63228, Nov. 19, 1999; USCG–2006–24371, 74 FR 11242, Mar. 16, (a) The minimum service required to 2009] qualify an applicant for an endorsement as master of near coastal steam § 11.427 Service requirements for mate or motor vessels of not more than 100 of near coastal steam or motor ves- gross tons is two years total service in sels of not more than 200 gross tons. the deck department of steam or (a) The minimum service required to motor, sail, or auxiliary sail vessels on qualify an applicant for endorsement ocean or near coastal waters. Service as mate of near coastal steam or motor on Great Lakes and inland waters may vessels of not more than 200 gross tons substitute for up to one year of the re- is: quired service. (1) Twelve months total service in (b) In order to obtain an endorsement the deck department of ocean or near for sail or auxiliary sail vessels, the ap- coastal steam or motor, sail, or auxil- plicant must submit evidence of 12 iary sail vessels. Service on Great months of service on sail or auxiliary Lakes and inland waters may sub- sail vessels. The required 12 months of stitute for up to six months of the re- service may have been obtained prior quired service; or, to issuance of the license or MMC en- (2) Three months of service in the dorsement. deck department of steam or motor [CGD 81–059, 54 FR 139, Jan. 4, 1989, as amend- vessels operating on ocean, near coast- ed by USCG–2006–24371, 74 FR 11242, Mar. 16, al, Great Lakes or inland waters while 2009] holding a license or MMC endorsement as master of inland steam or motor, § 11.429 Service requirements for lim- sail or auxiliary sail vessels of not ited master of near coastal steam or more than 200 gross tons. motor vessels of not more than 100 (b) The holder of a license or MMC gross tons. endorsement as operator of (a) Limited masters’ endorsements uninspected passenger vessels with a for near coastal vessels of not more near coastal route endorsement may than 100 gross tons may be issued to obtain this endorsement by success- applicants to be employed by organiza- fully completing an examination on tions such as yacht clubs, marinas, for- rules and regulations for small pas- mal camps and educational institu- senger vessels. tions. An endorsement issued under (c) In order to obtain this officer en- this section is limited to the specific dorsement for sail or auxiliary sail ves- activity and the locality of the yacht

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club, marina or camp. In order to ob- ward of the International Regulations tain this restricted endorsement, an for Preventing Collisions at Sea applicant must: (COLREGS) demarcation line as de- (1) Have four months of service on fined in 33 CFR part 80, the applicant any waters in the operation of the type must complete an examination on the of vessel for which the endorsement is COLREGS or the endorsement must ex- requested; clude such waters. (2) Satisfactorily complete a safe boating course approved by the Na- [CGD 81–059, 54 FR 139, Jan. 4, 1989, as amend- tional Association of State Boating ed by USCG–2006–24371, 74 FR 11242, Mar. 16, Law Administrators, or a safe boating 2009] course conducted by the U.S. Power § 11.431 Tonnage requirements for Squadron or the American Red Cross, Great Lakes and inland endorse- or a Coast Guard approved course. This ments for vessels of over 1600 gross course must have been completed with- tons. in five years before the date of application; and, (a) All required experience for Great (3) Pass a limited examination appro- Lakes and inland unlimited endorse- priate for the activity to be conducted ments must be obtained on vessels of and the route authorized. over 200 gross tons. At least one-half of (b) The first aid and cardiopulmonary the required experience must be ob- resuscitation (CPR) course certificates tained on vessels of 1600 gross tons or required by § 11.205(e) will only be re- over. quired when, in the opinion of the (b) Tonnage limitations may be im- OCMI, the geographic area over which posed on these endorsements in accord- service is authorized precludes obtain- ance with § 11.402 (b) and (c). ing medical services within a reason- [CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redes- able time. ignated and amended by USCG–2006–24371, 74 (c) In order to obtain an endorsement FR 11216 and 11242, Mar. 16, 2009] for sail or auxiliary sail vessels, the applicant must submit evidence of four § 11.433 Service requirements for mas- months of service on sail or auxiliary ter of Great Lakes and inland steam sail vessels. The required four months or motor vessels of any gross tons. of service may have been obtained The minimum service required to prior to issuance of the license or MMC qualify an applicant for an endorse- endorsement. ment as master of Great Lakes and in- [CGD 81–059, 54 FR 139, Jan. 4, 1989, as amend- land steam or motor vessels of any ed by USCG-2000–7790, 65 FR 58458, Sept. 29, gross tons is: 2000; USCG–2006–24371, 74 FR 11242, Mar. 16, (a) One year of service as mate or 2009] first class pilot while acting in the ca- § 11.430 Endorsements for the Great pacity of first mate of Great Lakes Lakes and inland waters. steam or motor vessels of more than 1600 gross tons; or, Any license or MMC endorsement issued for service on the Great Lakes (b) Two years of service as master of and inland waters is valid on all of the inland (excluding the Great Lakes) inland waters of the United States as steam or motor vessels of more than defined in this part. Any license or 1600 gross tons; or, MMC endorsement issued for service on (c) One year of service upon Great inland waters is valid for the inland Lakes waters while holding a license or waters of the United States, excluding MMC endorsement as mate or first the Great Lakes. Licenses and MMC class pilot of Great Lakes and inland endorsements with either a Great steam or motor vessels of more than Lakes and inland or an inland route 1600 gross tons. A minimum of six are valid for service on the sheltered months of this service must have been waters of the Inside Passage between in the capacity of first mate. Service as Puget Sound and Cape Spencer, Alas- second mate is accepted for the re- ka. As these licenses and MMC endorse- mainder on a two-for-one basis to a ments authorize service on waters sea- maximum of six months (12 months of

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service equals six months of creditable months of the service requirements service). under paragraph (a)(1) of this section. [CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redes- [CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redes- ignated and amended by USCG–2006–24371, 74 ignated and amended by USCG–2006–24371, 74 FR 11216 and 11243, Mar. 16, 2009] FR 11216 and 11243, Mar. 16, 2009]

§ 11.435 Service requirements for mas- § 11.442 Service requirements for master of inland steam or motor vessels ter of Great Lakes and inland steam of any gross tons. or motor vessels of not more than 1600 gross tons. The minimum service required to qualify an applicant for an endorse- The minimum service required to ment as master of inland (excluding qualify an applicant for an endorse- the Great Lakes) steam or motor ves- ment as master of Great Lakes and in- sels of any gross tons is: land steam or motor vessels of not more than 1600 gross tons is: (a) One year of service as first class pilot (of other than canal and small (a) Three years total service on vessels. Eighteen months of the required lakes routes) or mate of Great Lakes or service must have been on vessels of inland steam or motor vessels of more over 100 gross tons. One year of the re- than 1,600 gross tons; or, quired service must have been as a (b) Two years of service as master, mate, or equivalent super- wheelsman or quartermaster while visory position on vessels of over 100 holding a mate/first class pilot license gross tons while holding a license or or MMC endorsement. MMC endorsement as master, as mate, [CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redes- or as master of towing vessels; or, ignated and amended by USCG–2006–24371, 74 (b) Six months of service as operator FR 11216 and 11243, Mar. 16, 2009] on vessels of over 100 gross tons while holding a license or MMC endorsement § 11.437 Service requirements for mate as master of towing vessels. of Great Lakes and inland steam or motor vessels of any gross tons. [CGD 81–059, 54 FR 140, Jan. 4, 1989, as amended by USCG–1999–6224, 64 FR 63228, Nov. 19, (a) The minimum service required to 1999; USCG–2006–24371, 74 FR 11243, Mar. 16, qualify an applicant for an endorse- 2009] ment as mate of Great Lakes and inland steam or motor vessels of any § 11.444 Service requirements for mate gross tons is: of Great Lakes and inland steam or motor vessels of not more than 1600 (1) Three years of service in the deck gross tons. department of steam or motor vessels, at least three months of which must The minimum service required to have been on vessels on inland waters qualify an applicant for an endorse- and at least six months of which must ment as mate of Great Lakes and inland steam or motor vessels of not have been as able seaman, inland mate, more than 1600 gross tons is: boatswain, wheelsman, quartermaster, (a) Two years total service in the or equivalent position; deck department of steam or motor, (2) Graduation from the deck class of sail, or auxiliary sail vessels. One year the Great Lakes Maritime Academy; of the required service must have been or, on vessels of over 100 gross tons. Six (3) While holding a license or MMC months of the required service must endorsement as master of Great Lakes have been as able seaman, boatswain, and inland steam or motor vessels of quartermaster, or equivalent position not more than 1600 gross tons, one year on vessels of over 100 gross tons while service as master on vessels of over 200 holding a certificate or endorsement as gross tons. able seaman; or, (b) Service gained in the engine de- (b) One year total service as master partment on vessels of appropriate ton- of steam or motor, sail, or auxiliary nage may be creditable for up to six sail vessels, or operator of uninspected passenger vessels, of over 50 gross tons

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while holding a license or MMC en- vessels. One year of the required serv- dorsement as master steam or motor, ice must have been on vessels of over 50 sail, or auxiliary sail vessels of not gross tons. Three months of the re- more than 200 gross tons or operator of quired service must have been as able uninspected passenger vessels; or, seaman, boatswain, quartermaster, or (c) Six months total service as mate equivalent position on vessels of over (pilot) of towing vessels on vessels of 50 gross tons while holding a certificate over 100 gross tons. or endorsement as able seaman. [CGD 81–059, 54 FR 140, Jan. 4, 1989, as amend- [CGD 81–059, 54 FR 140, Jan. 4, 1989, as amended by USCG–1999–6224, 64 FR 63228, Nov. 19, ed by USCG–2006–24371, 74 FR 11243, Mar. 16, 1999; USCG–2006–24371, 74 FR 11243, Mar. 16, 2009] 2009] § 11.450 Tonnage limitations and quali- § 11.446 Service requirements for mas- fying requirements for endorse- ter of Great Lakes and inland steam ments as master or mate of Great or motor vessels of not more than Lakes and inland vessels of not 500 gross tons. more than 200 gross tons. The minimum service required to (a) Except as noted in subparagraph qualify an applicant for an endorse- (d), all endorsements issued for master ment as master of Great Lakes and in- or mate of vessels of not more than 200 land steam or motor vessels of not gross tons are issued in 50 ton incre- more than 500 gross tons is: ments based on the applicants quali- (a) Three years total service on ves- fying experience in accordance with sels. One year of the required service the provisions of § 11.422. See the ton- must have been as a master, mate, or nage and qualifying service discussion equivalent supervisory position on ves- in § 11.422 for further clarification. sels of over 50 gross tons while holding (b) Service gained in the engineroom a license or MMC endorsement as mas- on vessels of not more than 200 gross ter, as mate, or as operator of tons may be creditable for up to 25 per- uninspected passenger vessels. cent of the deck service requirements (b) An applicant holding a license or for mate. MMC endorsement as master of ocean, (c) When the service is obtained on near coastal, or Great Lakes and in- vessels upon which personnel with li- land towing vessels is eligible for this censes or endorsements are not re- endorsement after six months of serv- quired, the OCMI must be satisfied that ice as master of towing vessels and the nature of this qualifying service completion of a limited examination. (i.e., size of vessel, route, equipment, This requires three and one-half years etc.) is a reasonable equivalent to the of service. Two years of this service duties performed on vessels which are must have been served while holding a required to engage individuals with en- license or MMC endorsement as master dorsements. or mate (pilot) of towing vessels, or (d) When the qualifying service is ob- mate. tained upon vessels of five gross tons or less, the endorsement will be limited to [CGD 81–059, 54 FR 140, Jan. 4, 1989, as amend- vessels of not more than 25 gross tons. ed by USCG 1999–6224, 64 FR 63228, Nov. 19, 1999; USCG–2006–24371, 74 FR 11243, Mar. 16, [CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redes- 2009] ignated and amended by USCG–2006–24371, 74 FR 11216 and 11243, Mar. 16, 2009] § 11.448 Service requirements for mate of Great Lakes and inland steam or § 11.452 Service requirements for mas- motor vessels of not more than 500 ter of Great Lakes and inland steam gross tons. or motor vessels of not more than The minimum service required to 200 gross tons. qualify an applicant for an endorse- (a) The minimum service required to ment as mate of Great Lakes and in- qualify an applicant for an endorse- land steam or motor vessels of not ment as master of Great Lakes and in- more than 500 gross tons is two years land steam or motor vessels of not total service in the deck department of more than 200 gross tons is one year of steam or motor, sail, or auxiliary sail service on vessels. Six months of the

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required service must have been as completing an examination on rules master, mate, or equivalent super- and regulations for small passenger visory position while holding a license vessels. To obtain authority to serve or MMC endorsement as master, mate, on the Great Lakes, three months of master or mate (pilot) of towing ves- the required service must have been on sels, or operator of uninspected pas- Great Lakes waters, otherwise the en- senger vessels. To obtain authority to dorsement will be limited to the inland serve on the Great Lakes, three waters of the United States (excluding months of the required service must the Great Lakes). have been on Great Lakes waters, oth- (e) In order to obtain a tonnage en- erwise the endorsement will be limited dorsement of over 100 gross tons, the to the inland waters of the United applicant must complete the additional States (excluding the Great Lakes). examination topics indicated in sub- (b) In order to obtain an endorsement part I of this part. for sail or auxiliary sail vessels, the ap- [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as plicant must have six months of serv- amended at 54 FR 140, Jan. 4, 1989; USCG– ice on sail or auxiliary sail vessels. The 2006–24371, 74 FR 11243, Mar. 16, 2009] required six months of service may have been obtained prior to issuance of § 11.455 Service requirements for mas- the master’s license or MMC endorse- ter of Great Lakes and inland steam ment. or motor vessels of not more than 100 gross tons. [CGD 81–059, 54 FR 140, Jan. 4, 1989, as amended by USCG–1999–6224, 64 FR 63228, Nov. 19, (a) The minimum service required to 1999; USCG–2006–24371, 74 FR 11243, Mar. 16, qualify an applicant for an endorse- 2009] ment as master of Great Lakes and inland steam or motor vessels of not § 11.454 Service requirements for mate more than 100 gross tons is one year of of Great Lakes and inland steam or total service in the deck department of motor vessels of not more than 200 steam or motor, sail, or auxiliary sail gross tons. vessels. To obtain authority to serve (a) The minimum service required to on the Great Lakes, three months of qualify an applicant for an endorse- the required service must have been on ment as mate of Great Lakes and in- Great Lakes waters, otherwise the en- land steam or motor vessels of not dorsement will be limited to the inland more than 200 gross tons is six months waters of the United States (excluding of service in the deck department of the Great Lakes). steam or motor, sail, or auxiliary sail (b) In order to obtain an endorsement vessels. To obtain authority to serve for sail or auxiliary sail vessels, the ap- on the Great Lakes, three months of plicant must submit evidence of six the required service must have been on months of service on sail or auxiliary Great Lakes waters, otherwise the en- sail vessels. The required six months of dorsement will be limited to the inland service may have been obtained prior waters of the United States (excluding to issuance of the endorsement. the Great Lakes). [CGD 81–059, 54 FR 140, Jan. 4, 1989, as amend- (b) In order to obtain an endorsement ed by USCG–2006–24371, 74 FR 11243, Mar. 16, for sail or auxiliary sail vessels, the ap- 2009] plicant must submit evidence of three months of service on sail or auxiliary § 11.456 Service requirements for lim- sail vessels. ited master of Great Lakes and in- (c) An endorsement as master of land steam or motor vessels of not steam or motor vessels may be en- more than 100 gross tons. dorsed as mate of sail or auxiliary sail Limited masters’ endorsements for vessels upon presentation of three vessels of not more than 100 gross tons months service on sail or auxiliary sail upon Great Lakes and inland waters vessels. may be issued to applicants to be em- (d) The holder of a license or MMC ployed by organizations such as formal endorsement as operator of inland camps, educational institutions, yacht uninspected passenger vessels may ob- clubs, and marinas with reduced serv- tain this endorsement by successfully ice requirements. An endorsement

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issued under this paragraph is limited to issuance of the license or MMC en- to the specific activity and the locality dorsement. of the camp, yacht club or marina. In [CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redes- order to obtain this restricted endorse- ignated and amended by CGD 81–059, 54 FR ment, an applicant must: 141, Jan. 4, 1989; USCG–2006–24371, 74 FR 11243, (a) Have four months of service in the Mar. 16, 2009] operation of the type of vessel for which the endorsement is requested; § 11.459 Service requirements for mas- and, ter or mate of rivers. (b) Satisfactorily complete a safe (a) An applicant for an endorsement boating course approved by the Na- as master of river steam or motor ves- tional Association of State Boating sels of any gross tons must meet the Law Administrators, a public edu- same service requirements as master of cation course conducted by the U.S. inland steam or motor vessels of any Power Squadron or the American Red gross tons. Cross, or a Coast Guard approved (b) An applicant for an endorsement course. This course must have been as master or mate of river steam or completed within five years before the motor vessels, with a limitation of 25– date of application; and, 1600 gross tons, must meet the same (c) Pass a limited examination appro- service requirements as those required priate for the activity to be conducted by this subpart for the corresponding and the route authorized. tonnage Great Lakes and inland steam (d) The first aid and cardiopulmonary or motor endorsement. Service on the resuscitation (CPR) course certificates Great Lakes is not, however, required. required by § 11.205(e) of this part will [CGD 81–059, 54 FR 141, Jan. 4, 1989, as amend- only be required when, in the opinion ed by USCG–2006–24371, 74 FR 11244, Mar. 16, of the OCMI, the geographic area over 2009] which service is authorized precludes obtaining medical services within a § 11.462 Endorsements for master or reasonable time. mate of uninspected fishing industry vessels. [CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redes- (a) This section applies to endorse- ignated and amended by CGD 81–059, 54 FR ments for masters and mates of all ves- 140, Jan. 4, 1989; USCG–2000–7790, 65 FR 58458, sels, however propelled navigating the Sept. 29, 2000; USCG–2006–24371, 74 FR 11243, Mar. 16, 2009] high seas, which are documented to engage in the fishing industry, with the § 11.457 Service requirements for mas- exception of: ter of inland steam or motor vessels (1) Wooden ships of primitive build; of not more than 100 gross tons. (2) Unrigged vessels; and, (a) An applicant for an endorsement (3) Vessels of less than 200 gross tons. as master of inland steam or motor (b) Endorsements as master or mate vessels of not more than 100 gross tons of uninspected fishing industry vessels must present one year of service on are issued for either ocean or near- any waters. In order to raise the ton- coastal routes, depending on the exam- nage limitation over 100 gross tons, the ination completed. To qualify for an examination topics indicated in sub- uninspected fishing industry vessel en- part I of this part must be completed in dorsement, the applicant must satisfy addition to satisfying the experience the training and examination requirements of § 11.401(g) of this subpart. requirements of § 11.452(a). (c) An applicant for an endorsement (b) In order to obtain an endorsement as master of uninspected fishing indus- for sail or auxiliary sail vessels, the ap- try vessels must have four years of plicant must submit evidence of six total service on ocean or near coastal months of service on sail or auxiliary routes. Service on Great Lakes or in- sail vessels. The required six months of land waters may substitute for up to service may have been obtained prior two years of the required service. One year of the required service must have

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been as master, mate, or equivalent su- (iv) Six months service as mate on pervisory position while holding a li- vessels over 1600 gross tons results in cense or MMC endorsement as master, raising the limitation for master to the mate, master or mate (pilot) of towing tonnage on which at least 50 percent of vessels, or OUPV. the service was obtained; (1) To qualify for an endorsement for (v) Two years of service as a deck- not more than 500 gross tons, at least hand on a vessel while holding a license two years of the required service, in- or MMC endorsement as master results cluding the one year as master, mate in a limitation on the MMC equal to or equivalent, must have been on ves- 150 percent of the tonnage of that vessels of more than 50 gross tons. sel up to 5,000 gross tons; or (2) To qualify for an endorsement for (vi) One year of service as deckhand not more than 1,600 gross tons, at least on a vessel while holding a license or two years of the required service, in- MMC endorsement as master results in cluding the one year as master, mate, a limitation on the MMC equal to the or equivalent, must have been on ves- tonnage of that vessel. sels of more than 100 gross tons. (d) An applicant for an endorsement (3) To qualify for an endorsement for as mate of uninspected fishing industry more than 1,600 gross tons, but not vessels must have three years of total more than 5,000 gross tons, the vessel service on ocean or near-coastal routes. Service on Great Lakes or inland wa- tonnage upon which the four years of ters may substitute for up to 18 months required service was obtained will be of the required service. used to compute the tonnage. The en- (1) To qualify for an endorsement of dorsement is limited to the maximum not more than 500 gross tons, at least tonnage on which at least 25 percent of one year of the required service must the required service was obtained or 150 have been on vessels of more than 50 percent of the maximum tonnage on gross tons. which at least 50 percent of the service (2) To qualify for an endorsement of was obtained, whichever is higher. not more than 1,600 gross tons, at least Limitations are in multiples of 1,000 one year of the required service must gross tons, using the next higher figure have been on vessels of more than 100 when an intermediate tonnage is cal- gross tons. culated. An endorsement as master of (3) To qualify for an endorsement of uninspected fishing industry vessels more than 1,600 gross tons, but not authorizing service on vessels more more than 5,000 gross tons, the vessel than 1,600 gross tons also requires one tonnage upon which the three years of year as master, mate, or equivalent on required service was obtained will be vessels more than 100 gross tons. used to compute the tonnage. The en- (4) The tonnage limitation for this dorsement is limited to the maximum endorsement may be raised using one tonnage on which at least 25 percent of of the following methods but cannot the required service was obtained, or exceed 5,000 gross tons. Limitations are 150 percent of the maximum tonnage in multiples of 1,000 gross tons, using on which at least 50 percent of the the next higher figure when an inter- service was obtained, whichever is mediate tonnage is calculated. higher. Limitations are in multiples of (i) Three months service as master on 1,000 gross tons, using the next higher a vessel results in a limitation in that figure when an intermediate tonnage is capacity equal to the tonnage of that calculated. vessel rounded up to the next multiple (4) The tonnage limitation on this en- of 1000 gross tons; dorsement may be raised using one of (ii) Six months service as master on the following methods, but cannot ex- a vessel results in a limitation in that ceed 5,000 gross tons. Limitations are capacity equal to 150% of the tonnage in multiples of 1000 gross tons, using of that vessel; the next higher figure when an inter- (iii) Six months service as master on mediate tonnage is calculated. vessels over 1600 gross tons results in (i) Three months service as mate on a raising the limitation to 5000 gross vessel results in a limitation in that tons; capacity equal to the tonnage of that

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vessel rounded up to the next multiple (1) Master of towing vessels. of 1000 gross tons; (2) Master of towing vessels, limited. (ii) Six months service as mate on a (3) Mate (pilot) of towing vessels. vessel results in a limitation in that (4) Mate (pilot) of towing vessels, capacity equal to 150% of the tonnage limited. of that vessel; (5) Apprentice mate (steersman). (iii) Six months service as mate on vessels over 1600 gross tons results in (6) Apprentice mate (steersman), lim- raising the limitation to 5000 gross ited. tons; (b) An endorsement as master of tow- (iv) One year of service as deckhand ing vessels means an endorsement to on vessels more than 1,600 gross tons operate towing vessels not restricted to while holding a license or MMC en- local areas designated by OCMIs. This dorsement as mate, results in raising also applies to a mate (pilot) of towing the limitation on the MMC to 5,000 vessels. gross tons; (c) For this section, limited means an (v) Two years of service as a deck- endorsement to operate a towing vessel hand on a vessel while holding a license of less than 200 gross tons limited to a or MMC endorsed as mate results in a local area within the Great Lakes, in- limitation on the MMC equal to 150 land waters, or Western Rivers des- percent of the tonnage of that vessel up ignated by the OCMI. to 5,000 gross tons; or (vi) One year of service as deckhand [USCG–1999–6224, 64 FR 63228, Nov. 19, 1999, as on a vessel while holding a license or amended at 66 FR 20936, Apr. 26, 2001; 68 FR MMC endorsement as mate results in a 35812, June 17, 2003; USCG–2006–24371, 74 FR limitation on the MMC equal to the 11244, Mar. 16, 2009] tonnage of that vessel. (e) Applicants may request an oral § 11.464 Requirements for endorse- examination on the subjects listed in ments as master of towing vessels. subpart I of this part. (a) If you would like to obtain an en- [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as dorsement as master of towing vessels amended at 54 FR 141, Jan. 4, 1989; USCG– with a route listed in column 1 of table 1999–6224, 64 FR 63228, Nov. 19, 1999; USCG– 11.464(a) of this section, then you must 2006–24371, 74 FR 11244, Mar. 16, 2009] complete the service requirements indicated in columns 2 through 5. You § 11.463 General requirements for endorsements as master, mate (pilot), may serve on the subordinate routes and apprentice mate (steersman) of listed in column 6 without further en- towing vessels. dorsement. (a) The Coast Guard issues the following endorsements:

TABLE 11.464(a)—REQUIREMENTS FOR ENDORSEMENT AS MASTER OF TOWING VESSELS 1

TOS 3 on T/V as Subordinate Total TOS 3 on T/V as TOS 3 on Route endorsed 2 mate (pilot) not as route service mate (pilot) harbor assist particular route authorized

1 2 3 4 5 6

(1) OCEANS (O) ...... 48 18 of 48 ...... 12 of 18 ...... 3 of 18 ...... NC, GL–I (2) NEAR-COASTAL (NC) ...... 48 18 of 48 ...... 12 of 18 ...... 3 of 18 ...... GL–I (3) GREAT LAKES—INLAND (GL–I) ... 48 18 of 48 ...... 12 of 18 ...... 3 of 18. (4) WESTERN RIVERS (WR) ...... 48 18 of 48 ...... 12 of 18 ...... 3 of 18. 1 If you hold an endorsement as master of towing vessels you may have an endorsement-as mate (pilot) of towing vessels for a route superior to your current route on which you have no operating experience—placed on your MMC after passing an examination for that additional route. After you complete 90 days of experience and complete a Towing Officer’s Assessment Record on that route, we will add it to your endorsement as master of towing vessels and remove the one for mate (pilot) of towing vessels. 2 Service is in months. 3 TOS is time of service.

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(b) If you would like to obtain an en- requirements listed in columns 2 dorsement as master of towing vessels through 5 of table 11.464(b) of this sec- (limited), then you must complete the tion.

TABLE 11.464(b)—REQUIREMENTS FOR ENDORSEMENT AS MASTER OF TOWING VESSELS [Limited]

TOS 2 on T/V as limited TOAR or an TOS 2 on Route endorsed Total service 1 apprentice mate approved course particular route (steersman)

1 2 3 4 5

LIMITED LOCAL AREA (LLA) ...... 36 18 of 48 ...... 12 of 18 ...... 3 of 18. 1 Service is in months. 2 TOS is time of service.

(c) If you hold a license or MMC en- (g) If you began your service or train- dorsement as mate (pilot) of towing ing in the towing industry before May vessels, you may have master of towing 21, 2001, you may receive a license as vessels (limited) added to your MMC master of towing vessels if before May for a limited local area within the 21, 2004, you complete the examination scope of your current route. required by 46 CFR 10.903(a)(18)(i) and (d) Before you serve as master of tow- meet either of the following two re- ing vessels on the Western Rivers, you quirements: must possess 90 days of observation and (1) Three years of service, including— training and have your MMC include (i) Two years on deck aboard a vessel an endorsement for Western Rivers. 8 meters (26 feet) or more in length; (e) Each company must maintain evi- (ii) One year on deck aboard a towing dence that every vessel it operates is vessel, with at least 6 months of train- under the direction and control of a ing or duty in the wheelhouse of the mariner with the appropriate endorse- towing vessel; and ment and experience, including 30 days (iii) Three months in each particular of observation and training on the in- geographic area for which you are tended route other than Western Riv- seeking authority; or ers. (2) Three years of service aboard tow- (f) If you hold a license or MMC ening vessels, including— dorsement as a master of steam or (i) One year on deck, with at least 6 motor vessels of greater than 200 gross months of training or duty in the register tons, you may operate towing wheelhouse of the towing vessel; and vessels within any restrictions on your (ii) Three months in each particular endorsement if you: geographic area for which you are (1) Have a minimum of 30 days of seeking authority. training and observation on towing Your license does not need a towing vessels for the route being assessed, ex- endorsement if you hold a TOAR or a cept as noted in paragraph (e) of this course completion certificate. section; and (2) Either— [USCG–1999–6224, 64 FR 63228, Nov. 19, 1999, as (i) Hold a completed Towing Officer’s amended at 66 FR 20937, Apr. 26, 2001; 68 FR 35812, June 17, 2003; USCG–2008–0906, 73 FR Assessment Record (TOAR) described 56508, Sept. 29, 2008; USCG–2006–26202, 73 FR in § 11.304(h) that shows evidence of as- 52794, Sept. 11, 2008; USCG–2006–24371, 74 FR sessment of practical demonstration of 11244, Mar. 16, 2009] skills; or (ii) Complete an approved training § 11.465 Requirements for endorse- course. ments as mate (pilot) of towing ves- (3) Your license or MMC does not sels. need to include a towing endorsement (a) If you would like to obtain an en- if you hold a TOAR or complete an ap- dorsement as mate (pilot) of towing proved training course. vessels endorsed with a route listed in

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column 1 of table 11.465(a) of this sec- column 1 authorizes service on the sub- tion, then you must complete the serv- ordinate routes listed in column 7 ice in columns 2 through 5. If you hold without further endorsement. Time of a license or MMC endorsement as mas- service requirements as an apprentice ter of towing vessels (limited) and mate (steersman) of towing vessels would like to upgrade it to mate (pilot) may be reduced by an amount equal to of towing vessels, then you must com- the time specified in the approval let- plete the service in columns 5 and 6. An ter for the completed Coast Guard-ap- endorsement with a route endorsed in proved training programs.

TABLE 11.465–1—REQUIREMENTS FOR ENDORSEMENT AS MATE (PILOT 1) OF TOWING VESSELS

3 4 3 TOS TOAR 30 days of observation and TOS on T/V on or an training while Subordi- Route endorsed Total as appren- par- ap- holding master (limited) nate route service 2 tice mate 5 ticular proved and pass a limited authorized (steersman) route course examination

1 2 3 4 5 6 7

(1) OCEANS (O) ...... 30 12 of 30 ...... 3 of 12 YES .... YES ...... NC, GL–I (2) NEAR-COASTAL (NC) ...... 30 12 of 30 ...... 3 of 12 YES .... YES ...... GL–I (3) GREAT LAKES-INLAND (GL-I) 30 12 of 30 ...... 3 of 12 YES .... YES ...... (5) WESTERN RIVERS (WR) ...... 30 12 of 30 ...... 3 of 12 YES .... NO (90 days service required) 1 For all inland routes, as well as Western Rivers, the endorsement as pilot of towing vessels is equivalent to that as mate of towing vessels. All qualifications and equivalencies are the same. 2 Service is in months unless otherwise indicated. 3 TOS is time of service. 4 TOAR is Towing Officers’ Assessment Record. 5 Time of service requirements as an apprentice mate (steersman of towing vessels may be reduced by an amount equal to the time specified in the approval letter for a completed Coast Guard-approved training program.

(b) Before you serve as mate (pilot) of (3) Your license or MMC does not towing vessels on the Western Rivers, need to include a towing endorsement you must possess 90 days of observation if you hold a TOAR or a course comple- and training and have your MMC in- tion certificate. clude an endorsement for Western Riv- (e) If you hold any endorsement as a ers. master of steam or motor vessels of (c) Each company must maintain evi- any tonnage that is 200 GRT or less, ex- dence that every vessel it operates is cept for the limited masters endorse- under the direction and control of a ments specified in 46 CFR 11.429 and mariner with the appropriate endorse- 11.456, then you may obtain an endorsement and experience, including 30 days ment as mate (pilot) of towing vessels of observation and training on the in- by meeting the following requirements: tended route other than Western Riv- (1) Providing proof of 36 months of ers. service as a master under the authority of an endorsement described in para- (d) If you hold a license or MMC en- graph (e) of this section; dorsement as a mate of inspected, self- (2) Successfully completing the ap- propelled vessels of greater than 200 propriate TOAR; GRT or one as first-class pilot, then (3) Successfully completing the ap- you may operate towing vessels within propriate apprentice mate exam; and any restrictions on your credential if (4) Having a minimum of 30 days of you: training and observation on towing (1) Have a minimum of 30 days of vessels for the route being assessed, ex- training and observation on towing cept as noted in paragraph (b) of this vessels for the route being assessed, ex- section. cept as noted in paragraph (b) of this (f) An approved training course for section; and mate (pilot) of towing vessels must in- (2) Hold a completed Towing Officer’s clude formal instruction and practical Assessment Record (TOAR) described demonstration of proficiency either on- in § 11.304(h) that shows evidence of as- board a towing vessel or at a shoreside sessment of practical demonstration of training facility before a designated skills. examiner, and must cover the material

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(dependent upon route) required by able seaman special, including 3 § 11.910–2 for apprentice mate months in each particular geographic (steersman), towing vessels on ocean area for which you seek an endorse- and near coastal routes; apprentice ment; and either— mate (steersman), towing vessels on (A) Two months of training or duty Great Lakes and inland routes; or, in the wheelhouse; or steersman, towing vessels on Western (B) One month of training or duty in Rivers routes. the wheelhouse combined with comple- (g) If you began your service or train- tion of a course of training as towboat ing before May 21, 2001, you may re- operator approved by the Commanding ceive a license as mate of towing ves- Officer, National Maritime Center, sels if before November 21, 2003, you under subpart C of this part. complete the examination required by § 10.903(a)(18)(i) and meet the require- [USCG–1999–6224, 64 FR 63232, Nov. 19, 1999, as ments in either paragraph (f)(1)(i) or amended at 66 FR 20940, Apr. 26, 2001; 68 FR (f)(1)(ii) of this section: 35814, June 17, 2003; USCG–2006–26202, 73 FR (1) You must have served at least 18 52794, Sept. 11, 2008; USCG–2006–24371, 74 FR months on deck, including 12 months 11245, Mar. 16, 2009] on towing vessels. This service must have included— § 11.466 Requirements for endorse- (i) At least 3 months of training or ments as apprentice mate (steersman) of towing vessels. duty in the wheelhouse of towing vessels, and 3 months of service in each (a) As Table 11.466(a) shows, if you particular geographic area for which would like to obtain an endorsement as you seek endorsement on the license; apprentice mate (steersman) of towing and vessels listed in column 1, endorsed (ii) At least 6 months on towing ves- with a route listed in column 2, then sels while holding a merchant mari- you must complete the service require- ner’s document endorsed as able sea- ments indicated in columns 3 through man unlimited, able seaman limited, or 6.

TABLE 11.466(a)—REQUIREMENTS FOR ENDORSEMENT AS APPRENTICE MATE (STEERSMAN) OF TOWING VESSELS

TOS 2 on Total TOS 2 on Pass ex- Endorsement Route endorsed 1 particular 3 service T/V route amination

1 2 3 4 5 6

(1) APPRENTICE MATE (STEERSMAN) ...... OCEANS (0) ...... 18 12 of 18 ... 3 of 18 ..... YES. NEAR-COASTAL (NC) ...... 18 12 of 18 ... 3 of 18 ..... YES. GREAT LAKES ...... 18 12 of 18 ... 3 of 18 ..... YES. INLAND (GL–I) ...... 18 12 of 18 ... 3 of 18 ..... YES. WESTERN RIVERS (WR) 18 12 of 18 ... 3 of 18 ..... YES. (2) APPRENTICE MATE (STEERSMAN) (LIM- NOT APPLICABLE ...... 18 12 of 18 ... 3 of 18 ..... YES. ITED). 1 Service is in months. 2 TOS is time of service. 3 The examination for apprentice mate is specified in subpart I of this part. The examination for apprentice mate (limited) is a limited examination. 4 For all inland routes, as well as Western Rivers, the endorsement as steersman is equivalent to that as apprentice mate. All qualifications and equivalencies are the same.

(b) If you hold a license or endorse- operating experience. Upon completion ment as apprentice mate (steersman) of 3 months of experience on that of towing vessels you may obtain a re- route, you may have the restriction restricted endorsement as limited ap- moved. prentice mate (steersman). This en- [USCG–1999–6224, 64 FR 63234, Nov. 19, 1999, as dorsement will go on your MMC after amended at 66 FR 20942, Apr. 26, 2001; 68 FR you pass an examination for a route 35816, June 17, 2003; USCG–2006–24371, 74 FR that is not included in the current en- 11246, Mar. 16, 2009] dorsements and on which you have no

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§ 11.467 Endorsement as operators of National Red Cross or a Coast Guard- uninspected passenger vessels of approved course; less than 100 gross tons. (3) Pass a limited examination appro- (a) This section applies to an appli- priate for the activity to be conducted cant for the endorsement to operate an and the route authorized; and uninspected vessel of less than 100 (4) The first aid and cardiopulmonary gross tons, equipped with propulsion resuscitation (CPR) course certificates machinery of any type, carrying six or required by § 11.205(e) of this part will less passengers. only be required when, in the opinion (b) An endorsement for OUPV issued of the OCMI, the geographic area over for ocean waters will be limited to which service is authorized precludes near-coastal waters not more than 100 obtaining medical services within a miles offshore. An endorsement issued reasonable time. for inland waters will include all inland [USCG–2006–24371, 74 FR 11247, Mar. 16, 2009] waters, except Great Lakes. An endorsement may be issued for a par- § 11.468 Officer endorsements for mo- ticular local area under paragraph (g) bile offshore drilling units. of this section. Officer endorsements for service on (c) For an endorsement as OUPV on mobile offshore drilling units (MODUs) near-coastal waters, an applicant must authorize service on units of any gross have a minimum of 12-months experi- tons upon ocean waters while on loca- ence in the operation of vessels, includ- tion or while underway, as restricted ing at least three-months service on on the endorsement, except when mov- vessels operating on ocean or near- ing independently under their own coastal waters. power. (d) For an endorsement as OUPV on [CGD 81–059a, 55 FR 14799, Apr. 18, 1990, as the Great Lakes and inland waters, an amended by USCG–2006–24371, 74 FR 11244, applicant must have 12-months service Mar. 16, 2009] on Great Lakes or inland waters, including at least three-months service § 11.470 Officer endorsements as off- operating vessels on Great Lakes wa- shore installation manager. ters. (a) Officer endorsements as offshore (e) For an endorsement as OUPV on installation manager (OIM) include: inland waters, an applicant must have (1) OIM Unrestricted; a minimum of 12-months experience in (2) OIM Surface Units on Location; the operation of vessels. (3) OIM Surface Units Underway; (f) An endorsement as OUPV, limited (4) OIM Bottom Bearing Units on Lo- to undocumented vessels, may be cation; or issued to a person who is not a citizen (5) OIM Bottom Bearing Units Under- of the United States. way. (g) Limited OUPV endorsements may (b) To qualify for an endorsement as be issued to applicants to be employed OIM unrestricted, an applicant must: by organizations such as formal camps, (1) Present evidence of the following yacht clubs, educational institutions, experience: and marinas. An endorsement issued (i) Four years of employment as- under this paragraph will be limited to signed to MODUs including at least one the specific activity and the locality of year of service as driller, assistant the camp, yacht club, or marina. In driller, toolpusher, assistant order to obtain this restricted endorse- toolpusher, barge supervisor, mechan- ment, an applicant must: ical supervisor, electrician, crane oper- (1) Have three-months service in the ator, ballast control operator or equiv- operation of the type of vessel for alent supervisory position on MODUs, which the endorsement is requested; with a minimum of 14 days of that su- (2) Satisfactorily complete a safe- pervisory service on surface units; or boating course approved by the Na- (ii) A degree from a program in engi- tional Association of State Boating neering or engineering technology Law Administrators, or those public which is accredited by the Accredita- education courses conducted by the tion Board for Engineering and Tech- U.S. Power Squadron or the American nology (ABET). Commanding Officer,

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National Maritime Center will give (1) Present evidence of the following consideration to accepting education experience: credentials from programs having (i) Four years of employment as- other than ABET accreditation. An ap- signed to MODUs including at least one plicant qualifying through a degree year of service as driller, assistant program must also have at least 168 driller, toolpusher, assistant days of service as driller, assistant toolpusher, barge supervisor, mechan- driller, toolpusher, assistant ical supervisor, electrician, crane oper- toolpusher, barge supervisor, mechan- ator, ballast control operator or equiv- ical supervisor, electrician, crane oper- alent supervisory position on MODUs, ator, ballast control operator, or equiv- with a minimum of 14 days of that su- alent supervisory position on MODUs, pervisory service on surface units; or with a minimum of 14 days of that su- (ii) A degree from a program in engi- pervisory service on surface units; neering or engineering technology (2) Present evidence of training which is accredited by the Accredita- course completion as follows: tion Board for Engineering and Tech- (i) A certificate from a Coast Guard- nology (ABET). Commanding Officer, approved stability course approved for National Maritime Center will give a license or MMC endorsement as OIM consideration to accepting education unrestricted; credentials from programs having (ii) A certificate from a Coast Guard other than ABET accreditation. An ap- approved survival suit and survival plicant qualifying through a degree craft training course; program must also have at least 168 (iii) A certificate from a U.S. Min- days of service as driller, assistant erals Management Service approved driller, toolpusher, assistant blowout prevention and well control toolpusher, barge supervisor, mechan- training program for the driller, toolpusher, or operator representative ical supervisor, electrician, crane oper- position; ator, ballast control operator or equivalent supervisory position of MODUs, (iv) A certificate from a firefighting with a minimum of 14 days of that su- training course as required by § 11.205(d) of this part; and pervisory service on surface units; and (3) Provide a recommendation signed (2) Present evidence of training by a senior company official which: course completion as follows: (i) Provides a description of the ap- (i) A certificate from a Coast Guard- plicant’s experience and qualifications; approved stability course approved for a license or MMC endorsement as OIM (ii) Certifies that the individual has successfully directed, while under the surface units; supervision of an experienced rig (ii) A certificate from a Coast Guard mover, two rig moves each of surface approved survival suit and survival units and of bottom bearing units; and craft training course; (iii) Certifies that one of the rig (iii) A certificate from a U.S. Min- moves required under paragraph erals Management Service approved (b)(3)(ii) of this section was completed blowout prevention and well control within one year preceding date of ap- training program for the driller, plication. toolpusher, or operator representative (c) An applicant for an endorsement position; and as OIM unrestricted who holds an un- (iv) A certificate from a firefighting limited license or MMC endorsement as training course as required by master or chief mate must satisfy the § 11.205(d) of this part. requirements in paragraphs (b)(2) and (e) An applicant for an endorsement (b)(3) of this section and have at least as OIM surface units on location who 84 days of service on surface units and holds an unlimited license or MMC en- at least 28 days of service on bottom dorsement as master or chief mate bearing units. must satisfy the requirements of para- (d) To qualify for an endorsement as graph (d)(2) of this section and have at OIM surface units on location, an ap- least 84 days of service on surface plicant must: units.

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(f) To qualify for an endorsement as (1) Provides a description of the ap- OIM surface units underway, an appli- plicant’s experience and qualifications; cant must: (2) Certifies that the individual has (1) Provide the following: successfully directed, while under the (i) Evidence of the experience de- supervision of an experienced rig scribed in paragraph (d)(1) of this sec- mover, three rig moves on surface tion and a recommendation signed by a units; and senior company official which: (3) Certifies that one of the rig moves (A) Provides a description of the ap- required under paragraph (g)(2) of this plicant’s experience and qualifications; section was completed within one year (B) Certifies that the individual has preceding date of application. successfully directed, while under the (h) To qualify for an endorsement as supervision of an experienced rig OIM bottom bearing units on location, mover, three rig moves of surface an applicant must: units; and (1) Present evidence of the following (C) Certifies that one of the rig experience: moves required under paragraph (i) Four years of employment as- (f)(1)(i)(B) of this section was com- signed to MODUs including at least one pleted within one year preceding date year of service as driller, assistant of application; or driller, toolpusher, assistant (ii) A recommendation signed by a toolpusher, barge supervisor, mechan- senior company official which: ical supervisor, electrician, crane operator, ballast control operator or equiv- (A) Provides a description of the ap- alent supervisory position on MODUs; plicant’s experience and company or qualifications program completed; (ii) A degree from a program in engi- (B) Certifies that the applicant has neering or engineering technology witnessed ten rig moves either as an which is accredited by the Accredita- observer in training or as a rig mover tion Board for Engineering and Tech- under supervision; nology (ABET). Commanding Officer, (C) Certifies that the individual has National Maritime Center will give successfully directed, while under the consideration to accepting education supervision of an experienced rig credentials from programs having mover, five rig moves of surface units; other than ABET accreditation. An ap- and plicant qualifying through a degree (D) Certifies that one of the rig program must also have at least 168 moves required under paragraph days of service as driller, assistant (f)(1)(ii)(C) of this section was com- driller, toolpusher, assistant pleted within one year preceding date toolpusher, barge supervisor, mechan- of application; and ical supervisor, electrician, crane oper- (2) Present evidence of training ator, ballast control operator or equiv- course completion as follows: alent supervisory position on MODUs; (i) A certificate from a Coast Guard- and approved stability course approved for (2) Present evidence of training an OIM surface units endorsement; course completion as follows: (ii) A certificate from a Coast Guard (i) A certificate from a Coast Guard approved survival suit and survival approved survival suit and survival craft training course; and craft training course; (iii) A certificate from a firefighting (ii) A certificate from a U.S. Minerals training course as required by Management Service approved blowout § 11.205(d) of this part. prevention and well control training (g) An applicant for endorsement as program for the driller, toolpusher, or OIM surface units underway who holds operator representative position; and an unlimited license or MMC endorse- (iii) A certificate from a firefighting ment as master or chief mate must sat- training course as required by isfy the requirements in paragraph § 11.205(d) of this part. (f)(2) of this section and provide a com- (i) An applicant for an endorsement pany recommendation signed by a sen- as OIM bottom bearing units on loca- ior company official which: tion who holds an unlimited license or

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MMC endorsement as master or chief must satisfy the requirements in para- mate must satisfy paragraph (h)(2) of graph (j)(2) of this section and provide this section and have at least 28 days of a company recommendation signed by service on bottom bearing units. a senior company official, which: (j) To qualify for an endorsement as (1) Provides a description of the ap- OIM bottom bearing units underway, plicant’s experience and qualifications; an applicant must: (2) Certifies that the individual has (1) Provide the following: successfully directed, while under the (i) Evidence of the experience de- supervision of an experienced rig scribed in paragraph (h)(1) of this sec- mover, three rig moves of bottom bear- tion with a recommendation signed by ing units; and a senior company official which: (3) Certifies that one of the rig moves (A) Provides a description of the ap- required under paragraph (k)(2) of this plicant’s experience and qualifications; section was completed within one year (B) Certifies that the individual has preceding date of application. successfully directed, while under the [CGD 81–059a, 55 FR 14799, Apr. 18, 1990, as supervision of an experienced rig amended by CGD 95–072, 60 FR 50460, Sept. 29, mover, three rig moves of bottom bear- 1995; CGD 95–028, 62 FR 51195, Sept. 30, 1997; ing units; and USCG–1998–4442, 63 FR 52189, Sept. 30, 1998; (C) Certifies that one of the rig USCG–2006–24371, 74 FR 11247, Mar. 16, 2009] moves required under paragraph (j)(1)(i)(B) of this section was com- § 11.472 Officer endorsements as barge pleted within one year preceding date supervisor. of application; or (a) To qualify for an endorsement as (ii) A recommendation signed by a barge supervisor (BS), an applicant senior company official which: must: (A) Provides a description of the ap- (1) Present evidence of the following plicant’s experience and company experience: qualifications program completed; (i) Three years of employment as- (B) Certifies that the applicant has signed to MODUs including at least 168 witnessed ten rig moves either as an days of service as driller, assistant observer in training or as a rig mover driller, toolpusher, assistant tool push- under supervision; er, mechanic, electrician, crane oper- (C) Certifies that the individual has ator, subsea specialist, ballast control successfully directed, while under the operator or equivalent supervisory po- supervision of an experienced rig sition on MODUs. At least 84 days of mover, five rig moves of bottom bear- that service shall have been as a bal- ing units; and last control operator or barge super- (D) Certifies that one of the rig visor trainee; or moves required under paragraph (ii) A degree from a program in engi- (j)(1)(ii)(C) of this section was com- neering or engineering technology pleted within one year preceding date which is accredited by the Accredita- of application; and tion Board for Engineering and Tech- (2) Present evidence of training nology (ABET). Commanding Officer, course completion as follows: National Maritime Center will give (i) A certificate from a Coast Guard- consideration to accepting education approved stability course approved for credentials from programs having a license or MMC endorsement as OIM other than ABET accreditation. An ap- bottom bearing units; plicant qualifying through a degree (ii) A certificate from a Coast Guard program must also have at least 168 approved survival suit and survival days of service as driller, assistant craft training course; and driller, toolpusher, assistant (iii) A certificate from a firefighting toolpusher, mechanic, electrician, training course as required by crane operator, subsea specialist, bal- § 11.205(d) of this part. last control operator or equivalent su- (k) An applicant for endorsement as pervisory position on MODUs. At least OIM bottom bearing units underway 84 days of that service shall have been who holds an unlimited license or MMC as a ballast control operator or barge endorsement as master or chief mate supervisor trainee; and

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(2) Present evidence of training a license or MMC endorsement as barge course completion as follows: supervisor or ballast control operator; (i) A certificate from a Coast Guard (ii) A certificate from a Coast Guard approved stability course approved for approved survival suit and survival a license or MMC endorsement as barge craft training course; and supervisor; (iii) A certificate from a firefighting (ii) A certificate from a Coast Guard training course as required by approved survival suit and survival § 11.205(d) of this part. craft training course; and (b) An applicant for an endorsement (iii) A certificate from a firefighting as BCO who holds an unlimited license training course as required by or MMC endorsement as master, mate, § 11.205(d) of this part. chief engineer, or assistant engineer (b) An applicant for an endorsement must satisfy the requirements in para- as BS who holds an unlimited license graph (a)(2) of this section and have at or MMC endorsement as master or least 28 days of service as a trainee mate must satisfy the requirements in under the supervision of an individual paragraph (a)(2) of this section and holding an endorsement as ballast con- have at least 84 days of service as bal- trol operator. last control operator or barge super- [CGD 81–059a, 55 FR 14801, Apr. 18, 1990, as visor trainee. amended by CGD 95–072, 60 FR 50460, Sept. 29, [CGD 81–059a, 55 FR 14801, Apr. 18, 1990, as 1995; CGD 95–028, 62 FR 51196, Sept. 30, 1997; amended by CGD 95–072, 60 FR 50460, Sept. 29, USDA–1998–4442, 63 FR 52189, Sept. 30, 1998; 1995; CGD 95–028, 62 FR 51195, Sept. 30, 1997; USCG–2006–24371, 74 FR 11248, Mar. 16, 2009] USCG–1998–4442, 63 FR 52189, Sept. 30, 1998; USCG–2006–24371, 74 FR 11248, Mar. 16, 2009] § 11.476 [Reserved]

§ 11.474 Officer endorsements as bal- § 11.480 Radar observer. last control operator. (a) This section contains the require- (a) To qualify for an endorsement as ments that an applicant must meet to ballast control operator (BCO), an ap- qualify as a radar observer. (Part 15 of plicant must: this chapter specifies who must qualify (1) Present evidence of the following as a radar observer.) experience: (b) If an applicant meets the require- (i) One year of employment assigned ments of this section, one of the fol- to MODUs including at least 28 days of lowing Radar-Observer endorsements service as a trainee under the super- will be added to his or her MMC: vision of an individual holding a li- (1) Radar Observer (Unlimited). cense or MMC endorsement as ballast (2) Radar Observer (Inland Waters control operator; or and GIWW). (ii) A degree from a program in engi- (3) Radar Observer (Rivers). neering or engineering technology (c) Radar Observer (Unlimited) is which is accredited by the Accredita- valid on all waters. Radar Observer (In- tion Board for Engineering and Tech- land Waters and GIWW) is valid only nology (ABET). Commanding Officer, for those waters other than the Great National Maritime Center will give Lakes covered by the Inland Naviga- consideration to accepting education tional Rules. Radar Observer (Rivers) credentials from programs having is valid only on any river, canal, or other than ABET accreditation. An ap- similar body of water designated by the plicant qualifying through a degree OCMI, but not beyond the boundary program must also have at least 28 line. days of service as a trainee under the (d) Except as provided by paragraphs supervision of an individual holding a (e) and (f) of this section, each appli- license or MMC endorsement as ballast cant for a Radar-Observer endorsement control operator; and or for renewal of an endorsement must (2) Present evidence of training complete the appropriate course ap- course completion as follows: proved by the Coast Guard, receive the (i) A certificate from a Coast Guard appropriate certificate of training, and approved stability course approved for present the certificate to the OCMI.

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(e) An applicant who possesses a vessel within the scope of the license or Radar-Observer endorsement, resides in MMC. a remote geographic area, and can sub- (d) The period of validity of the en- stantiate to the satisfaction of the dorsement is the same as the license or OCMI that the applicant’s absence will MMC on which it is included, and it disrupt normal movement of com- may be renewed with the MMC. merce, or that the applicant cannot attend an approved Radar-Observer re- [CGD 87–017, 53 FR 18562, May 24, 1988, as newal course, may have his or her en- amended by USCG-1999–6224, 64 FR 63235, dorsement renewed upon successful Nov. 19, 1999; USCG–2006–24371, 74 FR 11248, completion of an examination adminis- Mar. 16, 2009] tered by the Coast Guard, or by a third § 11.491 Officer endorsements for serv- party acceptable to the Coast Guard. ice on offshore supply vessels. (f) A Radar-Observer endorsement issued under this section is valid for 5 Each officer endorsements for service years after the month of issuance of on offshore supply vessels (OSVs) au- the certificate of training from a thorizes service on OSVs as defined in course approved by the Coast Guard. 46 U.S.C. 2101(19) and as interpreted (g) A Radar-Observer endorsement under 46 U.S.C. 14104(b), subject to any may be renewed at any time. restrictions placed on the license or (h) An applicant for renewal of a li- MMC. cense or MMC that does not need a [CGD 95–062, 62 FR 34532, June 26, 1997, as Radar-Observer endorsement may amended by USCG–2006–24371, 74 FR 11248, renew without meeting the require- Mar. 16, 2009] ments for the endorsement. (i) An applicant seeking to raise the § 11.493 Master (OSV). grade of a license or MMC endorsement (a) Except as provided by paragraph or increase its scope, where the in- (b) of this section, to qualify for an en- creased grade or scope requires a dorsement as Master (OSV), an appli- Radar-Observer certificate, may use an cant shall present evidence that he or expired certificate to fulfill that re- she meets the appropriate require- quirement. ments of STCW Regulation II/2. [CGD 94–041, 62 FR 11305, Mar. 11, 1997, as (b) The OCMI may exempt an appli- amended by USCG–2006–26202, 73 FR 52795, cant from meeting any requirement Sept. 11, 2008; USCG–2006–24371, 74 FR 11248, under STCW Regulation II/2 that the Mar. 16, 2009] OCMI determines to be inappropriate or unnecessary for service on an OSV, § 11.482 Assistance towing. or that the applicant meets under the (a) This section contains the require- equivalency provisions of Article IX of ments to qualify for an endorsement STCW. authorizing a mariner to engage in assistance towing. The endorsement ap- [CGD 95–062, 62 FR 34532, June 26, 1997, as plies to all MMCs except master and amended by USCG–2006–24371, 74 FR 11248, mate (pilot) of towing vessels and mas- Mar. 16, 2009] ter or mate authorizing service on in- § 11.495 Chief Mate (OSV). spected vessels over 200 gross tons. Holders of any of these endorsements (a) Except as provided by paragraph may engage in assistance towing with- (b) of this section, to qualify for an en- in the scope of their MMC or license. dorsement as Chief Mate (OSV), an ap- (b) An applicant for an assistance plicant shall present evidence that he towing endorsement shall pass a writ- or she meets the appropriate require- ten examination demonstrating his or ments of STCW Regulation II/2. her knowledge of assistance towing (b) The OCMI may exempt an appli- safety, equipment, and procedures. cant from meeting any requirement (c) The holder of a license or MMC under STCW Regulation II/2 that the for master, mate, or operator endorsed OCMI determines to be inappropriate for assistance towing is authorized to or unnecessary for service on an OSV, engage in assistance towing on any or that the applicant meets under the

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equivalency provisions of Article IX of (3) Chief engineer (limited-oceans) STCW. may serve on ocean waters. [CGD 95–062, 62 FR 34532, June 26, 1997, as (c) Engineer licenses or MMC en- amended by USCG–2006–24371, 74 FR 11248, dorsements issued in the grades of des- Mar. 16, 2009] ignated duty engineer of steam and/or motor vessels allow the holder to serve § 11.497 Mate (OSV). within stated horsepower limitations (a) Except as provided by paragraph on vessels of not more than 500 gross (b) of this section, to qualify for an en- tons in the following manner: dorsement as Mate (OSV), an applicant (1) Designated duty engineers limited shall present evidence that he or she to vessels of not more than 1000 horse- meets the appropriate requirements of power or 4000 horsepower may serve STCW Regulation II/1. only on near coastal or inland waters; (b) The OCMI may exempt an appli- (2) Designated duty engineers with no cant from meeting any requirement horsepower limitations may serve on under STCW Regulation II/1 that the any waters. OCMI determines to be inappropriate (d) An engineer officer’s license or or unnecessary for service on an OSV, MMC endorsement authorizes service or that the applicant meets under the on either steam or motor vessels or equivalency provisions of Article IX of may authorize both modes of propul- STCW. sion. (e) A person holding an engineer li- [CGD 95–062, 62 FR 34532, June 26, 1997, as amended by USCG–2006–24371, 74 FR 11248, cense or MMC endorsement which is re- Mar. 16, 2009] stricted to near coastal waters may serve within the limitations of the license or MMC upon near coastal, Great Subpart E—Professional Lakes, and inland waters. Requirements for Engineer Officer [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as § 11.501 Grade and type of engineer amended at 54 FR 142, Jan. 4, 1989; USCG– endorsements issued. 2006–24371, 74 FR 11248, Mar. 16, 2009] (a) Engineer endorsements are issued § 11.502 Additional requirements for in the grades of: engineer endorsements. (1) Chief engineer; (2) First assistant engineer; (a) For all original and raise of grade (3) Second assistant engineer; of engineer licenses or MMC endorse- (4) Third assistant engineer; ments, at least one-third of the min- (5) Chief engineer (limited); imum service requirements must have (6) Assistant engineer (limited); been obtained on the particular mode (7) Designated duty engineer; of propulsion for which applied. (8) Chief engineer uninspected fishing (b) If an applicant desires to add a industry vessels; and, propulsion mode to his or her endorse- (9) Assistant engineer uninspected ment, the following alternative meth- fishing industry vessels. ods, while holding a license or MMC en- (b) Engineer endorsements issued in dorsement in that grade, are accept- the grades of chief engineer (limited) able: and assistant engineer (limited) of (1) Four months of service as an ob- steam and/or motor vessels allow the server in the same capacity as their en- holder to serve within any horsepower dorsement on vessels of the other pro- limitations on vessels of any gross tons pulsion mode; on inland waters and of not more than (2) Four months of service as an engi- 1600 gross tons in ocean, near coastal or neer officer at a lower level on vessels Great Lakes service in the following of the other propulsion mode; manner: (3) Six months of service as oiler, (1) Assistant engineer (limited— watertender, or junior engineer on ves- oceans) may serve on ocean waters; sels of the other propulsion mode; or, (2) Chief engineer (limited—near (4) Completion of a Coast Guard ap- coastal) may serve on near coastal wa- proved training course for this endorse- ters; and, ment.

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(c) Applicants for an original, raise in grade for which licensed or endorsed: grade, or increase in the scope, of an Removal of all horsepower limitations engineer license or MMC endorsement, for the grade in which service is per- other than an increase in horsepower formed and raise the next higher grade limitation, who have not previously endorsement to the horsepower of the done so must meet the requirements of vessel on which service was performed. § 11.205(d) of this part. The total cumulative service before [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as and after issuance of the limited li- amended at 54 FR 142, Jan. 4, 1989; USCG– cense or MMC endorsement may be 2006–24371, 74 FR 11249, Mar. 16, 2009] considered in removing all horsepower limitations. § 11.503 Horsepower limitations. (3) Twelve months of service as oiler (a) Engineer licenses and endorse- or junior engineer while holding a li- ments of all grades and types may be cense or MMC endorsement as third as- subject to horsepower limitations. sistant engineer or assistant engineer Other than as provided in § 11.524 of this (limited oceans): removal of all horse- part for the designated duty engineer power limitations on third assistant (DDE), the horsepower limitation engineer or assistant engineer’s (lim- placed on a license or MMC endorse- ited oceans) endorsement. ment is based on the applicant’s quali- (4) Six months of service as oiler or fying experience considering the total junior engineer while holding a license shaft horsepower of each vessel on or MMC endorsement as second assist- which the applicant has served. ant engineer: removal of all horsepower (b) When an applicant for an original limitations on third assistant engi- or raise of grade of an engineer license neer’s endorsement. or MMC endorsement, other than a (d) Raising or removing horsepower DDE, has not obtained at least 50 per- limitations based on service required cent of the required qualifying experi- by paragraph (c) of this section may be ence on vessels of 4,000 or more horse- granted without further written exam- power, a horsepower limitation is ination providing the OCMI who issued placed on the MMC based on the appli- the applicant’s license or MMC en- cant’s qualifying experience. The endorsement, considers further examina- dorsement is limited to the maximum tion unnecessary. horsepower on which at least 25 percent of the required experience was ob- [USCG–2006–24371, 74 FR 11249, Mar. 16, 2009] tained, or 150 percent of the maximum horsepower on which at least 50 per- § 11.504 Application of deck service for cent of the service was obtained, limited engineer endorsements. whichever is higher. Limitations are in Service gained in the deck depart- multiples of 1,000 horsepower, using the ment on vessels of appropriate tonnage next higher figure when an inter- may substitute for up to 25 percent or mediate horsepower is calculated. 6 months, whichever is less, of the serv- When the limitation as calculated ice requirement for an endorsement as equals or exceeds 10,000 horsepower, an chief engineer (limited), assistant engi- unlimited horsepower endorsement is neer (limited), or designated duty engi- issued. neer. (c) The following service on vessels of 4,000 horsepower or over will be consid- [CGD 81–059, 54 FR 142, Jan. 4, 1989, as amend- ered qualifying for the raising or re- ed by USCG–2006–24371, 74 FR 11249, Mar. 16, moving of horsepower limitations 2009] placed on an engineer license or MMC endorsement: § 11.505 Engineer officer structure. (1) Six months of service in the high- The following diagram illustrates the est-grade endorsed: removal of all engineering endorsement structure in- horsepower limitations. cluding cross over points. The section (2) Six months of service as an officer numbers on the diagram refer to the in any capacity other than the highest specific requirements applicable.

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[CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by CGD 81–059, 54 FR 142, Jan. 4, 1989; USCG–2006–24371, 74 FR 11249, Mar. 16, 2009]

§ 11.510 Service requirements for chief (a) One year of service as first assist- engineer of steam and/or motor ves- ant engineer; or, sels. (b) One year of service while holding The minimum service required to a license or MMC endorsement as first qualify an applicant for endorsement assistant engineer. A minimum of six as chief engineer of steam and/or motor months of this service must have been vessels is: as first assistant engineer. Service as

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an assistant engineer is accepted on a (1) Three years of service in the two-for-one basis to a maximum of six engineroom of vessels, two years of months (12 months of service as a sec- which must have been as a qualified ond or third assistant engineer equals member of the engine department; six months of creditable service). (2) Three years of service as an ap- [CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redes- prentice to the machinist trade en- ignated and amended by USCG–2006–24371, 74 gaged in the construction or repair of FR 11216 and 11251, Mar. 16, 2009] marine, locomotive, or stationary engines, together with one year service in § 11.512 Service requirements for first the engineroom as oiler, watertender, assistant engineer of steam and/or or junior engineer; motor vessels. (3) Graduation from: The minimum service required to (i) The U.S. Merchant Marine Acad- qualify an applicant for endorsement emy (engineering curriculum); as first assistant engineer of steam (ii) The U.S. Coast Guard Academy and/or motor vessels is one year of service as an assistant engineer, while and completion of an on-board engineer holding a license or MMC endorsement officer qualification program required as second assistant engineer. by the service; (iii) The U.S. Naval Academy and [CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redes- completion of an on-board engineer of- ignated and amended by USCG–2006–24371, 74 ficer qualification program required by FR 11216 and 11251, Mar. 16, 2009] the service; § 11.514 Service requirements for sec- (iv) The engineering class of a Mari- ond assistant engineer of steam time Academy approved by and con- and/or motor vessels. ducted under the rules prescribed by The minimum service required to the Maritime Administrator and listed qualify an applicant for endorsement in part 310 of this title; as second assistant engineer of steam (4) Graduation from the marine engi- and/or motor vessels is: neering course of a school of tech- (a) One year of service as an assistant nology accredited by the Accreditation engineer, while holding a license or Board for Engineering and Technology, MMC endorsement as third assistant together with three months of service engineer; or, in the engine department of steam or (b) One year of service while holding motor vessels; a license or MMC endorsement as third (5) Graduation from the mechanical assistant engineer which includes: or electrical engineering course of a (1) A minimum of six months of serv- school of technology accredited by the ice as third assistant engineer; and, Accreditation Board for Engineering (2) Additional service as a qualified and Technology, together with six member of the engine department, cal- months of service in the engine depart- culated on a two-for-one basis; or, ment of steam or motor vessels; (c) One year of service as chief engi- (6) Satisfactory completion of a neer (limited-oceans) of steam or three-year apprentice engineers train- motor vessels, and completing the ap- ing program approved by the Com- propriate examination described in subpart I of this part. manding Officer, National Maritime Center; or, [CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redes- (7) One year of service as chief engi- ignated and amended by USCG–2006–24371, 74 neer (limited-near coastal) of steam or FR 11216 and 11251, Mar. 16, 2009] motor vessels and completing the ap- § 11.516 Service requirements for third propriate examination described in assistant engineer of steam and/or subpart I of this part. motor vessels. (b) Experience gained in the deck de- (a) The minimum service required to partment on vessels of 100 gross tons or qualify an applicant for endorsement over can be credited for up to three as third assistant engineer of steam and/or motor vessels is:

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months of the service requirements applicant and completion of appro- under paragraph (a)(1) of this section. priate examination. These MMCs are limited to vessels of not more than 500 [CGD 81–059, 52 FR 38623, Oct. 16, 1987 and CGD 81–059, 54 FR 132, Jan. 4, 1989, as amend- gross tons on certain waters as speci- ed by CGD 95–072, 60 FR 50460, Sept. 29, 1995; fied in § 11.501 of this part. USCG-1998–4442, 63 FR 52189, Sept. 30, 1998; (b) The service requirements for en- USCG–2006–24371, 74 FR 11251, Mar. 16, 2009] dorsements as DDE are: (1) For designated duty engineer of § 11.518 Service requirements for chief steam and/or motor vessels of any engineer (limited oceans) of steam horsepower, the applicant must have and/or motor vessels. three years of service in the The minimum service required to engineroom. Eighteen months of this qualify an applicant for endorsement service must have been as a qualified as chief engineer (limited oceans) of member of the engine department or steam and/or motor vessels is five equivalent supervisory position. years total service in the engineroom (2) For designated duty engineer of of vessels. Two years of this service steam and/or motor vessels of not more must have been as an engineer officer. than 4,000 horsepower, the applicant Thirty months of the service must must have two years of service in the have been as a qualified member of the engineroom. One year of this service engine department (QMED) or equiva- must have been as a qualified member lent supervisory position. of the engine department or equivalent supervisory position. [USCG–2006–24371, 74 FR 11251, Mar. 16, 2009] (3) For designated duty engineer of § 11.520 Service requirements for chief steam and/or motor vessels of not more engineer (limited near coastal) of than 1,000 horsepower, the applicant steam and/or motor vessels. must have one year of service in the The minimum service required to engineroom. Six months of this service qualify an applicant for endorsement must have been as a qualified member as chief engineer (limited near coastal) of the engine department or equivalent of steam and/or motor vessels is four supervisory position. years total service in the engineroom [CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redes- of vessels. One year of this service ignated and amended by USCG–2006–24371, 74 must have been as an engineer officer. FR 11216 and 11251, Mar. 16, 2009] Two years of the service must have been as a QMED or equivalent super- § 11.530 Endorsements for engineers of visory position. uninspected fishing industry vessels. [USCG–2006–24371, 74 FR 11251, Mar. 16, 2009] (a) This section applies to endorsements for chief and assistant engineers § 11.522 Service requirements for assistant engineer (limited oceans) of of all vessels, however propelled, navi- steam and/or motor vessels. gating the high seas, which are documented to engage in the fishing indus- The minimum service required to try, with the exception of: qualify an applicant for endorsement (1) Wooden ships of primitive build; as assistant engineer (limited oceans) (2) Unrigged vessels; and, of steam and/or motor vessels is three (3) Vessels of less than 200 gross tons. years of service in the engineroom of (b) Endorsements as chief engineer vessels. Eighteen months of this serv- and assistant engineer of uninspected ice must have been as a QMED or fishing industry vessels are issued for equivalent supervisory position. ocean waters and with horsepower lim- [USCG–2006–24371, 74 FR 11251, Mar. 16, 2009] itations in accordance with the provisions of § 11.503 of this part. § 11.524 Service requirements for des- (c) For an endorsement as chief engi- ignated duty engineer of steam and/ neer, the applicant must have served or motor vessels. four years in the engineroom of vessels. (a) DDE endorsements are issued in One year of this service must have been three levels of horsepower limitations as an assistant-engineer officer or dependent upon the total service of the equivalent supervisory position.

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(d) For an endorsement as assistant tation upon presentation of satisfac- engineer, an applicant must have tory evidence of the required self-pro- served three years in the engine room pelled sea service and completion of of vessels. any additional required examination. (e) Two-thirds of the service required [CGD 81–059a, 55 FR 14802, Apr. 18, 1990, as under this section must have been on amended by CGD 81–059a, 59 FR 10756, Mar. 8, motor vessels. 1994; USCG–2006–24371, 74 FR 11251, Mar. 16, (f) Applicants may request an orally 2009] assisted examination on the subjects listed in subpart I of this part. § 11.544 Endorsement as assistant engineer (MODU). [USCG–2006–24371, 74 FR 11251, Mar. 16, 2009] To qualify for an endorsement as as- § 11.540 Endorsements for engineers of sistant engineer (MODU) an applicant mobile offshore drilling units. must: (a) Present evidence of the following Endorsements as chief engineer experience: (MODU) or assistant engineer (MODU) (1) Three years of employment as- authorize service on certain self-pro- signed to MODUs including 18 months pelled or non-self-propelled units of of employment as mechanic, motor- any horsepower where authorized by man, subsea engineer, electrician, the vessel’s certificate of inspection. barge engineer, toolpusher, unit super- [USCG–2006–24371, 74 FR 11251, Mar. 16, 2009] intendent, crane operator or equivalent. Nine months of that employment § 11.542 Endorsement as chief engi- must have been assigned to self-pro- neer (MODU). pelled or propulsion assisted units; To qualify for an endorsement as (2) Three years of employment in the chief engineer (MODU) an applicant machinist trade engaged in the con- must: struction or repair of diesel engines (a) Present evidence of the following and one year of employment assigned experience: to MODUs in the capacity of mechanic, (1) Six years of employment assigned motorman, oiler, or equivalent. Nine to MODUs including three years of em- months of that employment must have ployment as mechanic, motorman, been assigned to self-propelled or pro- subsea engineer, electrician, barge en- pulsion assisted units; or gineer, toolpusher, unit super- (3) A degree from a program in ma- intendent, crane operator or equiva- rine, mechanical, or electrical engi- lent. Eighteen months of that employ- neering technology which is accredited ment must have been assigned to self- by the Accreditation Board for Engi- propelled or propulsion assisted units; neering and Technology (ABET). The or National Maritime Center will give (2) Two years of employment as- consideration to accepting education signed to MODUs as an assistant engi- credentials from programs having neer (MODU). Twelve months of that other than ABET accreditation. An ap- employment must have been assigned plicant qualifying through a degree to self-propelled or propulsion assisted program must also have at least six units; and months of employment in any of the (b) Present evidence of completion of capacities listed in paragraph (a)(1) of a firefighting training course as re- this section aboard self-propelled or quired by § 11.205(d) of this part. propulsion assisted units; and (c) If an applicant successfully com- (b) Present evidence of completion of pletes a modified examination and pos- a firefighting training course as re- sesses the total required sea service for quired by § 11.205(d) of this part. an endorsement as chief engineer (c) If an applicant successfully com- (MODU), but does not possess the re- pletes a modified examination and pos- quired sea service on board self-pro- sesses the total required sea service for pelled or propulsion assisted units, the an endorsement as an assistant engi- OCMI may issue the applicant an en- neer (MODU), but does not possess the dorsement limited to non-self-propelled required sea service on board self-pro- units. The OCMI may remove the limi- pelled or propulsion assisted units, the

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OCMI may issue the applicant an en- equivalency provisions of Article IX of dorsement limited to non-self-propelled STCW. units. The OCMI may remove the limi- [CGD 95–062, 62 FR 34533, June 26, 1997, as tation upon presentation of the satis- amended by USCG–2006–24371, 74 FR 11251, factory evidence of the required self- Mar. 16, 2009] propelled sea service and completion of any additional required examination. Subpart F—Credentialing of Radio [CGD 81–059a, 55 FR 14802, Apr. 18, 1990, as Officers amended by CGD 81–059a, 59 FR 10756, Mar. 8, 1994; CGD 95–072, 60 FR 50460, Sept. 29, 1995; § 11.601 Applicability. USCG-1998–4442, 63 FR 52189, Sept. 30, 1998; USCG–2006–24371, 74 FR 11251, Mar. 16, 2009] This subpart provides for endorsement as radio officers for employment § 11.551 Endorsements for service on on vessels, and for the issue of STCW offshore supply vessels. endorsements for those qualified to Each endorsement for service on serve as radio operators on vessels sub- OSVs as chief engineer (OSV) or engi- ject to the provisions on the Global neer (OSV) authorizes service on OSVs Maritime Distress and Safety System as defined in 46 U.S.C. 2101(19) and as (GMDSS) of Chapter IV of SOLAS. interpreted under 46 U.S.C. 14104(b), SOLAS is available from the Inter- subject to any restrictions placed on national Maritime Organization (IMO), 4 the MMC. Albert Embankment, London SE1 7SR, England, telephone: +44 (0)20 7735 7611, [USCG–2006–24371, 74 FR 11251, Mar. 16, 2009] http://www.imo.org. § 11.553 Chief Engineer (OSV). [USCG–2006–24371, 74 FR 39218, Aug. 6, 2009] (a) Except as provided by paragraph § 11.603 Requirements for radio offi- (b) of this section, to qualify for an en- cers’ endorsements and STCW endorsement as Chief engineer (OSV), an dorsements for GMDSS radio opera- applicant shall present evidence that tors. he or she meets the appropriate re- (a) Each applicant for an original en- quirements of STCW Regulation III/2. dorsement or renewal of license shall (b) The OCMI may exempt an appli- present a current first or second class cant from meeting any requirement radiotelegraph operator license issued under STCW Regulation III/2 that the OCMI determines to be inappropriate by the Federal Communications Com- or unnecessary for service on an OSV, mission. The applicant shall enter on or that the applicant meets under the the endorsement application form the equivalency provisions of Article IX of number, class, and date of issuance of STCW. his or her Federal Communications Commission license. [CGD 95–062, 62 FR 34532, June 26, 1997, as (b) [Reserved] amended by USCG–2006–24371, 74 FR 11251, (c) Each applicant who furnishes evi- Mar. 16, 2009] dence that he or she meets the stand- § 11.555 Engineer (OSV). ard of competence set out in STCW Regulation IV/2 (incorporated by ref- (a) Except as provided by paragraph erence, see § 11.102), including the com- (b) of this section, to qualify for an en- petence to transmit and receive infor- dorsement as Engineer (OSV), an appli- mation using subsystems of GMDSS, to cant shall present evidence that he or fulfill the functional requirements of she meets the appropriate require- GMDSS, and to provide radio services ments of STCW Regulation III/1. in emergencies is entitled to hold an (b) The OCMI may exempt an appli- STCW endorsement suitable for per- cant from meeting any requirement forming duties associated with under STCW Regulation III/1 that the GMDSS. OCMI determines to be inappropriate or unnecessary for service on an OSV, [USCG–2006–24371, 74 FR 11252, Mar. 16, 2009] or that the applicant meets under the

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Subpart G—Professional sels operating on the class of waters for Requirements for Pilots which pilotage is desired. (2) River routes. The applicant must have at least 36 months service in the SOURCE: CGD 81–059b, 52 FR 38659, Oct. 16, deck department of any vessel includ- 1987 unless otherwise noted. ing at least 12 months service on ves- § 11.701 Scope of pilot endorsements. sels operating on the waters of rivers while the applicant is serving in the ca- (a) An applicant for an endorsement pacity of quartermaster, wheelsman, as first-class pilot need not hold any apprentice pilot, or deckhand who other officer endorsement issued under stands watches at the wheel as part of this part. routine duties. (b) The issuance of an endorsement (3) Canal and small lakes routes. The as first-class pilot to an individual applicant must have at least 24 months qualifies that individual to serve as service in the deck department of any pilot over the route(s) specified on the vessel including at least 8 months serv- endorsement, subject to any limita- ice on vessels operating on canals or tions imposed under paragraph (c) of small lakes. this section. (b) A graduate of the Great Lakes (c) The OCMI issuing an endorsement Maritime Academy in the deck class as first-class pilot, imposes appropriate meets the service requirements of this limitations commensurate with the ex- section for a license as first class pilot perience of the applicant, with respect on the Great Lakes. to class or type of vessel, tonnage, (c) Completion of a course of pilot route, and waters. training approved by the National Mar- (d) A license or MMC endorsement itime Center under subpart C of this issued for service as a master, mate, or part may be substituted for a portion operator of uninspected towing vessels of the service requirements of this sec- authorizes service as a pilot under the tion in accordance with § 11.304 of this provisions of § 15.812 of this subchapter. part. Additionally, round trips made Therefore, first-class pilot endorse- during this training may apply toward ments will not be issued with tonnage the route familiarization requirements limitations of 1,600 gross tons or less. of § 11.705 of this part. An individual using substituted service must have at [USCG–2006–24371, 74 FR 11252, Mar. 16, 2009] least nine months of shipboard service. § 11.703 Service requirements. (d) An individual holding a license or MMC endorsement as master or mate (a) The minimum service required to of inspected steam or motor vessels of qualify an applicant for an endorse- over 1,600 gross tons meets the service ment as first-class pilot is predicated requirements of this section for an en- upon the nature of the waters for which dorsement as first class pilot. pilotage is desired. (1) General routes (routes not restricted [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as to rivers, canals and small lakes). The ap- amended at 54 FR 144, Jan. 4, 1989; CGD 95– 072, 60 FR 50460, Sept. 29, 1995; USCG–1998– plicant must have at least 36 months 4442, 63 FR 52189, Sept. 30, 1998; USCG–1999– service in the deck department of 6224, 64 FR 63235, Nov. 19, 1999; USCG–2006– steam or motor vessels navigating on 24371, 74 FR 11252, Mar. 16, 2009] oceans, coastwise, Great Lakes, or bays, sounds, and lakes other than the § 11.705 Route familiarization require- Great Lakes, as follows: ments. (i) 18 months of the 36 months service (a) The Officer in Charge, Marine In- must be as quartermaster, wheelsman, spection having jurisdiction deter- able seaman, apprentice pilot, or in an mines, within the range limitations equivalent capacity, standing regular specified in this section, the number of watches at the wheel or in the pilot- round trips required to qualify an ap- house as part of routine duties. plicant for a particular route, consid- (ii) At least 12 months of the 18 ering the following: months service required in paragraph (1) The geographic configuration of (a)(1)(i) of this section must be on ves- the waterway;

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(2) The type and size of vessels using months immediately preceding the the waterway; date of application. (3) The abundance or absence of aids [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as to navigation; amended at 54 FR 144, Jan. 4, 1989; USCG– (4) The background lighting effects; 2006–24371, 74 FR 11252, Mar. 16, 2009] (5) The known hazards involved, including waterway obstructions or con- § 11.707 Examination requirements. strictions such as bridges, narrow (a) An applicant for an endorsement channels, or sharp turns; and, as first-class pilot, except as noted in (6) Any other factors unique to the paragraph (b) of this section, is re- route that the OCMI deems appro- quired to pass the examination de- priate. scribed in subpart I of this part. (b) An applicant holding no other (b) An applicant for an extension of deck officer endorsement seeking an route, or an applicant holding a license endorsement as first-class pilot shall or MMC endorsement as master or furnish evidence of having completed a mate authorized to serve on vessels of minimum number of round trips, while over 1,600 gross tons seeking an en- serving as quartermaster, wheelsman, dorsement as first-class pilot, is re- able seaman, apprentice pilot, or in an quired to pass those portions of the examination described in subpart I of this equivalent capacity, standing regular part that concern the specific route for watches at the wheel or in the pilot which endorsement is sought. house as part of routine duties, over the route sought. Evidence of having [USCG–2006–24371, 74 FR 11252, Mar. 16, 2009] completed a minimum number of round trips while serving as an observer, § 11.709 Annual physical examination properly certified by the master and/or requirements. pilot of the vessel, is also acceptable. (a) This section applies only to an in- The range of round trips for an en- dividual who pilots a vessel of 1,600 dorsement is a minimum of 12 round gross tons and over. trips and a maximum of 20 round trips. (b) Every person holding a license or An applicant may have additional MMC endorsement as first-class pilot routes added to the first-class pilot en- shall have a thorough physical exam- dorsement by meeting the require- ination each year. ments in paragraph (c) of this section. (c) Each annual physical examination (c) An applicant who currently holds must meet the requirements specified a deck officer license or MMC endorse- in § 10.215 of this chapter. ment seeking an endorsement as first- (d) An individual’s first class pilot credential becomes invalid on the first class pilot for a particular route shall day of the month following the first furnish evidence of having completed anniversary of the individual’s most re- the number of round trips over the cent physical examination satisfac- route, specified by the OCMI, within torily completed; the individual may the range limitations of this para- not operate under the authority of that graph, for the particular grade of exist- credential until a physical examina- ing license or MMC endorsement held. tion has been satisfactorily completed. The range of round trips for an en- (e) A first class pilot must provide dorsement is a minimum of eight round the Coast Guard with a copy of his or trips and a maximum of 15 round trips. her most recent physical examination. (d) Unless determined impracticable by the OCMI, 25% of the round trips re- [CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redes- ignated and amended by USCG–2006–24371, 74 quired by the OCMI under this section FR 11216 and 11252, Mar. 16, 2009] must be made during the hours of darkness. § 11.711 Tonnage requirements. (e) One of the round trips required by (a) In order to obtain a first class the OCMI under this section must be pilot endorsement authorizing service made over the route within the six on vessels of any gross tons over a particular route, the applicant must have

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sufficient experience on vessels of over day period preceding renewal will be 1,600 gross tons. valid for the duration of the renewed li- (b) If an applicant does not have suf- cense or MMC endorsement. ficient experience on vessels of over (b) For certain long or extended 1,600 gross tons, the endorsement will routes, the OCMI may, at his discre- be for a limited tonnage until the ap- tion, allow the re-familiarization re- plicant completes a number of addi- quirement to be satisfied by reviewing tional round trips, as determined by appropriate navigation charts, coast the OCMI, within the range contained pilots tide and current tables, local No- in § 11.705 (b) or (c), as appropriate, on tice to Mariners, and any other mate- vessels of over 1,600 gross tons. rials which would provide the pilot (c) For purposes of this section, an with current knowledge of the route. applicant is considered to have suffi- Persons using this method of re-famil- cient experience if the applicant has 18 iarization shall certify, when applying months experience as master, mate, for renewal of their license or MMC en- quartermaster, wheelsman, able sea- dorsement, the material they have re- man, apprentice pilot, or in an equiva- viewed and the dates on which this was lent capacity, standing regular watches accomplished. Review within the 90 day at the wheel or in the pilothouse as period preceding renewal is valid for part of routine duties, on vessels of the duration of the renewed MMC en- 1,600 gross tons or over, and two-thirds dorsement. of the minimum number of round trips [CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redes- required for the route have been on ignated and amended by USCG–2006–24371, 74 vessels of 1,600 gross tons or over. FR 11216 and 11253, Mar. 16, 2009] (d) For purposes of this section, for experience with respect to tonnage on Subpart H—Registration of Staff towing vessels, the combined gross ton- Officers nage of the towing vessel and the vessel(s) towed will be considered. How- § 11.801 Applicability. ever, the OCMI may require that all or This subpart provides for the reg- a portion of the required number of istration of staff officers for employ- round trips be obtained on self-pro- ment on vessels documented or num- pelled vessels of 1,600 gross tons or bered under the laws of the United over, when the OCMI determines that States. Staff officers must be reg- due to the nature of the waters and the istered if serving on most vessels in overall experience of the applicant, ocean service or on the Great Lakes. self-propelled vessel experience is necessary to obtain a first class pilot en- § 11.803 [Reserved] dorsement that is not restricted to tug and barge combinations. § 11.805 General requirements. [CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redes- (a) The applicant for an endorsement ignated and amended by USCG–2006–24371, 74 as staff officer is not required to take FR 11216 and 11253, Mar. 16, 2009] any examination; however, the applicant shall present to the OCMI a letter § 11.713 Requirements for maintaining justifying the need for the endorse- current knowledge of waters to be ment. navigated. (b) [Reserved] (a) If a first class pilot has not served (c) An applicant for a higher grade in over a particular route within the past the staff department shall apply in the 60 months, that person’s license or same manner as for an original en- MMC endorsement is invalid for that dorsement and shall surrender the pre- route, and remains invalid until the in- vious Coast Guard-issued credentials dividual has made one re-familiariza- upon issuance of the new MMC. A staff tion round trip over that route, except officer may serve in a lower grade of as provided in paragraph (b) of this sec- service for which he or she is reg- tion. Whether this requirement is sat- istered. isfied or not has no effect on the re- (d) Title 46 U.S.C. 8302 addresses uni- newal of a license or MMC endorse- forms for staff officers who are mem- ment. Round trips made within the 90 bers of the Naval Reserve.

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(e) A duplicate MMC may be issued geant, Medical Department, U.S.A.), or by the OCMI. (See § 10.229 of this chap- in the U.S. Air Force (not less than ter.) technical sergeant, Medical Depart- (f) An MMC is valid for a term of five ment, U.S.A.F.), and a period of satis- years from the date of issuance. Proce- factory service of at least one month in dures for renewing endorsements are a military hospital or U.S. Public found in § 10.227 of this chapter. Health Service Hospital. (g) Each applicant for an original or (b) Employment on shore in connec- a higher grade of endorsement, as de- tion with ship’s business may be ac- scribed by paragraph (c) of this section, cepted in lieu of service aboard vessels. shall produce evidence of having passed Related shore employment is accepted a chemical test for dangerous drugs or in the ratio of two months of shore of qualifying for an exception from service to count as one month of serv- testing in § 16.220 of this subchapter. An ice aboard vessels. applicant who fails a chemical test for (c) In computing the length of service dangerous drugs will not be issued an required of an applicant for an endorse- MMC. ment, service of one season on vessels [USCG–2006–24371, 74 FR 11253, Mar. 16, 2009] on the Great Lakes is counted as service of one year. § 11.807 Experience requirements for (d) In the event an applicant for an registry. endorsement, other than medical doc- (a) The applicant for a certificate of tor or professional nurse, presents evi- registry as staff officer shall submit dence of other qualifications which, in evidence of experience as follows: the opinion of the Officer in Charge, (1) Chief purser. Two years of service Marine Inspection, is equivalent to the aboard vessels performing duties relat- experience requirements of this section ing to work in the purser’s office. and is consistent with the duties of a (2) Purser. One year of service aboard staff officer, the Officer in Charge, Ma- vessels performing duties relating to rine Inspection may issue the MMC. work in the purser’s office. (3) Senior assistant purser. Six months [CGD 81–059, 52 FR 38623, Oct. 16, 1987. Redes- of service aboard vessels performing ignated and amended by USCG–2006–24371, 74 FR 11216 and 11253, Mar. 16, 2009] duties relating to work in purser’s office. § 11.809 [Reserved] (4) Junior assistant purser. Previous experience not required. § 11.811 Requirements to qualify for an (5) Medical doctor. A valid license as STCW endorsement as vessel secu- physician or surgeon issued under the rity officer. authority of a state or territory of the (a) The applicant for an endorsement United States, the Commonwealth of as vessel security officer must present Puerto Rico, or the District of Colum- satisfactory documentary evidence in bia. accordance with the requirements in 33 (6) Professional nurse. A valid license CFR 104.215. as a registered nurse issued under authority of a state or territory of the (b) All applicants for an endorsement United States, the Commonwealth of must meet the physical examination Puerto Rico, or the District of Colum- requirements in § 10.205(d)(1)–(2) of this bia. chapter. (7) Marine physician assistant. Suc- [USCG–2008–0028, 73 FR 29071, May 20, 2008] cessful completion of an accredited course of instruction for a physician’s Subpart I—Subjects of Examina- assistant or nurse practitioner program. tions and Practical Dem- (8) Hospital corpsman. A rating of at onstrations of Competence least hospital corpsman or health services technician, first class in the U.S. § 11.901 General provisions. Navy, U.S. Coast Guard, U.S. Marine (a) Each applicant for any endorse- Corps, or an equivalent rating in the ment listed in this part shall pass ex- U.S. Army (not less than staff ser- aminations on the appropriate subjects

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listed in this subpart, except as noted machinery of 3,000 kW [4,000 hp] of pro- in § 11.903(b). pulsion power or more. (b) If the endorsement is to be lim- (iv) Second engineer officer of a sea- ited in a manner which would render going vessel driven by main propulsion any of the subject matter unnecessary machinery of 3,000 kW [4,000 hp] of pro- or inappropriate, the examination may pulsion power or more. be amended accordingly by the OCMI. (v) Chief engineer officer of a sea- Limitations which may affect the ex- going vessel driven by main propulsion amination content are: machinery of between 750 kW [1,000 hp] (1) MMCs endorsed for restricted and 3,000 kW [4,000 hp] of propulsion routes for reduced service (master or power. mate of vessels of not more than 200 (vi) Second engineer officer of a sea- gross tons, OUPV or master or mate going vessel driven by main propulsion (pilot) of towing vessels); or machinery of between 750 kW [1,000 hp] (2) Engineer endorsements with and 3,000 kW [4,000 hp] of propulsion horsepower restrictions. power. (c) Except as provided in §§ 11.202 and (d) Simulators used in assessment of 10.227, each applicant for an STCW cer- competence under paragraph (c) of this tificate or endorsement in the fol- section must meet the appropriate per- lowing capacities on vessels that oper- formance standards set out in Section ate beyond the Boundary Line shall A-I/12 of the STCW Code. However, sim- also furnish sufficient documentary ulators installed or brought into use evidence that he or she has made a before February 1, 2002, need not meet practical demonstration(s) of com- them so far as they fulfill the objec- petence as set out under the appro- tives of the assessment of competence priate STCW Regulations (incorporated or demonstration of proficiency. by reference in § 11.102): (1) Deck Department. (i) Officer in [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as amended at 54 FR 144, Jan. 4, 1989; CGD 94– charge of the navigational watch on a 029, 61 FR 47064, Sept. 6, 1996; CGD 95–062, 62 seagoing vessel of 500 gross tons (GT) FR 34533, June 26, 1997; USCG–1998–4442, 63 or more. FR 52188, Sept. 30, 1998; USCG–1999–6224, 64 (ii) Officer in charge of the naviga- FR 63235, Nov. 19, 1999; USCG–1999–5610, 67 FR tional watch on a seagoing vessel of 66068, Oct. 30, 2002; USCG–2004–18884, 69 FR less than 500 GT not engaged on a near- 58342, Sept. 30, 2004; USCG–2006–24371, 74 FR coastal voyage. 11253, Mar. 16, 2009] (iii) Officer in charge of the naviga- § 11.903 Licenses requiring examina- tional watch on a seagoing vessel of tions. less than 500 GT engaged on a near- coastal voyage. (a) The following endorsements re- (iv) Master and chief mate on a sea- quire examinations for issuance: going vessel of 3,000 GT or more. (1) Master ocean/near coastal any (v) Master and chief mate on a sea- gross tons;1 going vessel of between 500 and 3,000 (2) Chief mate ocean/near coastal any GT. gross tons;1 (vi) Master on a seagoing vessel of (3) Second mate ocean/near coastal less than 500 GT not engaged on a near- any gross tons;1 coastal voyage. (4) Third mate ocean/near coastal any (vii) Master on a seagoing vessel of gross tons;1 less than 500 gross tons engaged on a (5) Master ocean/near coastal not near-coastal voyage. more than 500 or 1600 gross tons;1 (2) Engine Department. (i) Officer in (6) Mate ocean/near coastal not more charge of the engineering watch in a than 500 or 1600 gross tons;1 manned engine-room on a seagoing ves- (7) Mate near coastal not more than sel. 200 gross tons; (ii) Designated duty engineer in a pe- (8) Master near coastal not more riodically unmanned engine-room on a than 100 gross tons; seagoing vessel. (iii) Chief engineer officer of a sea- 1 Examination will vary depending upon going vessel driven by main propulsion route desired.

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(9) Master Great Lakes and inland grade from mate near coastal not more any gross tons; than 200 gross tons. Master ocean not (10) Mate Great Lakes and inland any more than 200 gross tons would, how- gross tons; ever, require an examination in celes- (11) Master inland any gross tons; tial navigation. (12) Master river any gross tons; (3) Master Great Lakes and inland, (13) Master Great Lakes and inland/ inland, and rivers not more than 200 river not more than 500 or 1600 gross gross tons when raising grade from tons;1 mate of the same route not more than (14) Mate Great Lakes and inland/ 200 gross tons. river not more than 500 or 1600 gross (4) Master or mate (pilot) of towing tons;1 vessels (endorsed for the same route). (15) Mate Great Lakes and inland/in- (c) Each candidate for any of the fol- land/river not more than 200 gross lowing endorsements shall meet the re- 1 tons; quirements of the appropriate STCW (16) Master Great Lakes and inland/ regulations and standards of com- inland/river not more than 100 gross 1 petence and those in part A of the tons; STCW Code (incorporated by reference, (17) First class pilot; see § 11.102), as indicated in table (18)(i) Apprentice mate (steersman) 11.903(c) of this section: of towing vessels; (ii) Apprentice mate (steersman) of (1) Master, oceans and near coastal, towing vessels, limited; any gross tons. (19) Operator uninspected passenger (2) Chief mate, oceans and near coast- vessels; al, any gross tons. (20) Master uninspected fishing indus- (3) Master, oceans and near coastal, try vessels; 500 to 1600 gross tons. (21) Mate uninspected fishing indus- (4) Second mate, oceans and near try vessels; coastal, any gross tons. (22) Chief engineer steam/motor ves- (5) Third mate, oceans and near sels; coastal, any gross tons. (23) First assistant engineer steam/ (6) Mate, oceans and near coastal, 500 motor vessels; to 1600 gross tons. (24) Second assistant engineer steam/ (7) Master or mate of towing vessels motor vessels; of over 200 gross tons, oceans and near- (25) Third assistant engineer steam/ coastal. motor vessels; (8) Master (OSV). (26) Chief engineer (limited) steam/ (9) Chief mate (OSV). motor vessels; (10) Mate (OSV). (27) Assistant engineer (limited) (11) Chief engineer, unlimited. steam/motor vessels; (12) 1st Assistant engineer, unlim- (28) Designated duty engineer steam/ ited. motor vessels; (29) Chief engineer uninspected fish- (13) 2nd Assistant engineer, unlim- ing industry vessels; ited. (30) Assistant engineer uninspected (14) 3rd Assistant engineer, unlim- fishing industry vessels. ited. (b) The following endorsements do (15) Chief engineer, limited—oceans. not require examinations: (16) Assistant engineer, limited- (1) Master ocean any gross tons when oceans. adding an endorsement as Offshore In- (17) Chief engineer, limited-near stallation Manager. coastal. (2) Master ocean or near coastal not (18) Chief engineer (OSV). more than 200 gross tons, when raising (19) Engineer (OSV).

TABLE 11.903(c)

STCW CODE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

II/1 ...... X X X ...... X ...... II/2, p. 1 & 2 ...... X X ...... X X ......

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TABLE 11.903(c)—Continued

STCW CODE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

II/2, p. 3 & 4 ...... X ...... X ...... II/3 ...... III/1 ...... X X .... X ...... X III/2 ...... X X ...... X .... III/3 ...... X .... X ......

(d) Any candidate for an endorsement 4. Second mate, oceans/near coastal, any listed in paragraph (c) of this section, gross tons. who meets the requirements of the ap- 5. Third mate, oceans/near coastal, any propriate regulations and standards of gross tons. 6. Mate, oceans/near coastal, 500/1,600 gross competence in STCW and part A of the tons. STCW code (incorporated by reference, 7. Master, oceans/near coastal, and mate, see § 11.102) as indicated in table near coastal, 200 gross tons (includes master, 11.903(c) of this section, need not com- near coastal, 100 gross tons). ply with §§ 11.910 or 11.950, of this part. 8. Operator, uninspected passenger vessels, near coastal. [CGD 81–059, 52 FR 38623, Oct. 16, 1987] 9. Operator, uninspected passenger vessels, Great Lakes/inland. EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 11.903, see the List of CFR 10. Apprentice mate, towing vessels, ocean Sections Affected, which appears in the (domestic trade) and near-coastal routes. Finding Aids section of the printed volume 11. Apprentice mate (steersman), towing and at www.fdsys.gov. vessels, Great Lakes and inland routes. 12. Steersman, towing vessels, Western § 11.910 Subjects for deck officer en- Rivers. dorsements. 13. Master, Great Lakes/inland, or master, inland, any gross tons. Table 11.910–1 gives the codes used in 14. Mate, Great Lakes/inland, any gross table 11.910–2 for all deck officers. tons. Table 11.910–2 indicates the examina- 15. Master, Great Lakes/inland, 500/1,600 tion subjects for each endorsement, by gross tons. code number. Figures in the body of 16. Mate, Great Lakes/inland, 500/1,600 gross tons. the table, in place of the letter ‘‘x’’, 17. Master or mate, Great Lakes/inland, 200 refer to notes. gross tons (includes master, Great Lakes/inland, 100 gross tons). TABLE 11.910–1 CODES FOR DECK OFFICER 18. Master, rivers, any gross tons. ENDORSEMENTS 19. Master, rivers, 500/1,600 gross tons. Deck Officer Endorsements: 20. Mate, rivers, 500/1,600 gross tons. 21. Master or mate, rivers, 200 gross tons 1. Master, Oceans/near coastal, any gross (includes master, rivers, 100 gross tons). tons. 22. Master, uninspected fishing industry 2. Chief mate, oceans/near coastal, any vessels, oceans/near coastal. gross tons. 23. Mate, uninspected fishing industry ves- 3. Master, oceans/near coastal, 500/1,600 sels, oceans/near coastal. gross tons. 24. First class pilot.

TABLE 11.910–2—ENDORSEMENT CODES

Examination topics 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Navigation and position determination: Ocean Track Plotting: Middle Latitude Sailing ...... 1 1 1 1 Mercator Sailing ...... X X 1 1 Great Circle Sailing ...... 1 1 1 Parallel Sailing...... 1 1 1 1 ETA ...... X X 1 X X Piloting: Distance Off...... X X X X X X X X X X X X X X X X X X Bearing Problems...... X X X X X X X X X X X X X X X X X X Fix or Running Fix...... X X X X X X X X X X X X X X X X X X Chart Navigation...... X X X X X X X X X X 2 X X X X X 2 2 2 2 X X X Dead Reckoning...... X X X X X X X X X X X X X X X X X X

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TABLE 11.910–2—ENDORSEMENT CODES—Continued

Examination topics 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Celestial Observations: Special Cases (hi/lo Alt., Backsight) ...... 1 Latitude by Polaris...... 1 1 1 1 Latitude by Meridian Transit ...... 1 Lat. by Meridian Transit (Sun Only) X X 1 X X 1 1 1 1 1 Fix or Running Fix (Any Body) ...... X X 1 X 1 Fix or Running Fix (Sun Only) ...... X 1 1 1 1 Star Identification...... 1 1 1 1 Star Selection...... 1 X 1 X 1 Times of Celestial Phenomena: Time of Meridian Transit ...... 1 Time of Meridian Transit (Sun Only) ...... X X 1 X X 1 1 1 1 1 Second Estimate Meridian Transit 1 Zone Time Sun Rise/Set/Twi- light ...... X X 1 1 1 1 1 1 1 1 Zone Time Moon Rise/Set ..... X X 1 Speed by RPM ...... X X X 3 Fuel Conservation ...... X X 3 Electronic Navigation...... X X X X X X X X X X X X X X X X X X X Instruments and Accessories...... X X X X X X X X X X X X X X X X X X X X X X X X Aids to Navigation...... X X X X X X X X X X X X X X X X X X X X X X X X Charts, Navigation Publications, and Notices to Mariners...... X X X X X X X X X X X X X X X X X X X X X X X X Naut. Astronomy & Nav. Defini- tions ...... X X X X Chart Sketch ...... 4 Seamanship: Marlinspike Seamanship...... X X X X X X X X X X X X X X X X X X X Purchases, Blocks and Tackle...... X X X X X X X X X X X X X X X X X Small Boat Handling Under Oars or Sail ...... X X X X Watchkeeping: COLREGS ...... X X X X X X X X 5 X 5 5 5 5 5 5 X X 5 Inland Navigational Rules...... X X X X X X X X X X X X X X X X X X X X X X X X Basic Principles, Watchkeeping...... X X X X X X X X X X X X X X X X X X X Navigation Safety Regs. (33 CFR 164) X X X X X X X 6 6 6 Radar Equipment: Radar Observer Certificate...... X X X X X X 1 1 X X X X X X Compass-Magnetic and Gyro: Principles of Gyro Compass...... X X X X X X X X X X X X Principles of Magnetic Compass...... X X X X X X X X X X X X X X X X X X X Magnetic Compass Adjustment ...... X X X X Gyro Compass Error/Correction...... X X X X X X 7 X X X X X X 7 X X X Magnetic Compass Error/Correction.... X X X X X X X X X X X X X X X X X X X Determination of Compass Error: Azimuth (Any Body) ...... X X 1 Azimuth (Sun Only) ...... 1 X 1 1 1 3 1 1 Amplitude (Any Body) ...... X Amplitude (Sun Only) ...... X 1 X X 1 1 1 3 1 1 Deviation Table Construction X X 1 X X 3 Terrestrial Observation...... X X X X X X X X X X X X X X X X X X Gyro Controlled Systems...... X X X X X Operation & Care of Main Gyro Systems ...... X X X X X Meteorology and Oceanography: Characteristics of Weather Systems.... X X X X X X X X X X X X X X X X X X X X X X X Ocean Current Systems...... X X X X X X Weather Charts and Reports ...... X X X X X X X Tides and Tidal Currents: Extensive Tidal Effects ...... X X X Terms and Definitions...... X X X X X X X X X X X X X X X X X X Publications ...... X X X X X X X X X X X X X X X X X X Calculations ...... X X X X X X X X X X X X X X X X X X Ship Maneuvering and Handling: Approaching Pilot Vessel or Station ..... X X X X X Shiphandling in Rivers, Estuaries...... X X X X X X X X X X X X X X X X X X X X X Maneuvering in Shallow Water...... X X X X X X X X X X X X X X X X X X X X X Interaction with Bank/Passing Ship...... X X X X X X X X X X X X X X X X X X X X X Berthing and Unberthing...... X X X X X X X X X X X X X X X X X Anchoring and Mooring...... X X X X X X X X X X X X X X X X X

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TABLE 11.910–2—ENDORSEMENT CODES—Continued

Examination topics 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Dragging, Clearing Fouled Anchors..... X X X X X X X X X X X X Drydocking, with & without Prior Dam- age ...... X X Heavy Weather Operations...... X X X X X X X X Maneuvering for Launching of Life- boats and Liferafts in Heavy Weather X X X X X X X X Receiving Survivors From Lfbts/Lfrfts ... X X X X X General: Turn Circle, Pivot Point, Ad- vance and Transfer...... X X X X X X X X X X X X X X X X X X X X X Determine Maneuvering Characteristics of Major Vessel Types ...... X X X Wake Reduction...... X X X X X X X X X X X X X X X X X X X Ice Operations/Ice Navigation...... X X X X X X X X 3 X 3 Towing Operations...... X X X X X X X X X X X X X X X X Ship Stability, Construction, and Damage Control: Principles of Ship Construction ...... X X X X X X 3 X 3 X X X Trim and Stability...... X X X X X X X X X X X 3 X 3 X X X X X X Damage Trim and Stability ...... X X X X 7 Stability, Trim, and Stress Calculation .. X X X X 7 Vessel Structural Members...... X X X X X 7 X X 3 7 IMO Ship Stability Recommendations .. X X Damage Control...... X X X X 7 7 Change in Draft Due to Density ...... X X Ship Power Plants: Marine Power Plant Operating Prin- ciples ...... X X 7 X X 7 X X Ships’ Auxiliary Machinery ...... X X X X X X Marine Engineering Terms ...... X X 7 X X 7 X X Small Engine Operations and Mainte- nance ...... X X X X X Cargo Handling and Stowage: Cargo Stowage and Security, Including Cargo Gear...... X X X X X 7 X X X X 7 X X X Loading and Discharging Operations... X X X X X X X X X X X X International Regulations for Cargoes, Especially IMDG...... X X X Dangerous/Hazardous Cargo Regula- tions ...... X X X X X X X X X X X X X Tank Vessel Safety...... X X X X X X X X X X X X Cargo Piping and Pumping Systems.... X X X X X X X X X X X X Cargo Oil Terms and Definitions...... X X X X X X X X X X X X Ballasting, Tank Clean., & Gas Free Ops ...... X X X X X X X X X X X X Load on Top Procedures...... X X X X X X X X X X X X Barge Regulations (Operations) ...... X X X Fire Prevention and Firefighting Appliances: Organization of Fire Drills...... X X X X X X X X X X X X X X X X X X X X Classes and Chemistry of Fire...... X X X X X X X X X X X X X X X X X X X X X X Firefighting Systems...... X X X X X X X X X X X X X X X X X X X X Firefighting Equip. and Regulations...... X X X X X 7 X X X X X X X 7 X X X 7 X X Firefighting Equip. & Regs. for T-Boats X X X Basic Firefighting and Prevention...... X X X X X X X X X X X X X X X X X X X X X X Emergency Procedures: Ship Beaching Precautions ...... X X X X Actions Prior To/After Grounding ...... X X X X X X Refloating a Grounded Ship ...... X X X X X X Collision ...... X X X X X X X X X X X X X Temporary Repairs...... X X X X X X X X X X X X X X X X X X X X Passenger/Crew Safety in Emergency X X X X X X X X X X X X X X X X X X X X Fire or Explosion...... X X X X X X X X X X X X X X X X X X X X X X Abandon Ship Procedures...... X X X X X X X X X X X X X X X X X X X X X X Emergency Steering...... X X X X X X X X X Rescuing Surv. From Ship/Airc. in Dist X X X X X X X X X X X X X X Man Overboard Procedures...... X X X X X X X X X X X X X X X X X X X X X X Emergency Towing...... X X X X X Medical Care: Knowledge and use of: Int’l. Medical Guide for Ships ...... X X Ship Med. Chest and Med. Aid at Sea ...... X X Medical Sec., Inter. Code of Sig- nals ...... X X X X

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TABLE 11.910–2—ENDORSEMENT CODES—Continued

Examination topics 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

1st Aid Guide: Accidents with Dan- gerous Goods ...... X X First Aid...... X X X X X X X X X X X X X X X X X X X X X X Maritime Law: International Maritime Law: Int’l. Convention on Load Lines ..... X X X SOLAS ...... X X X 7 MARPOL 73/78...... X X X X X International Health Regulations ... X X X Other International Instruments for Ship/Pass./Crew/Cargo Safety... X X X National Maritime Law: Load Lines...... X X X X X X X 3 3 3 3 7 Cert. and Documentation of Ves- sels ...... X X X X X X X X X X X X X X X X Rules & Regs. for Inspected Ves- sels ...... X X X X X X 7 X X X X 7 X X X 7 Rules & Regs. for Inspected T- Boats ...... X X X Rules and Regs for Uninsp. Ves- sels ...... X X X X X X X X X X Pollution Prevention Regulations... X X X X X X X X X X X X X X X X X X X X X X X X Pilotage ...... X X X X Credentialing Seamen...... X X X X X X X X X X X X X X X X X X X X X X X Shipment and Discharge, Manning X X X X X X X X Title 46 U.S. Code ...... X X X X X X X Captain of the Port Regulations, Vessel Traffic Service Proce- dures for the Route Desired ...... X Shipboard Management and Training: Personnel Management ...... X X X X X X X Shipboard Organization...... X X X X X X X Required Crew Training ...... X X X X X X X Ship Sanitation...... X X X X X X X X X X X X X X X X X X X X Vessel Alteration/Repair—Hot Work ..... X X X X X X X X Safety ...... X X X X X X X X X X X X X X X X X X X X X X X Ship’s Business: Charters ...... X X X Liens, Salvage ...... X X X Insurance ...... X X X Entry, Clearance...... X X X Certificates and Documents Required.. X X X X X X X X X X X X X X X X X X X X X X X Communications: Flashing Light...... X X X X Radiotelephone Communications...... X X X X X X X X X X X X X X X X X X X X X X X Radiotelegraphy Emerg. Dist. Signals .. X X X Signals: Storm/Wreck/Dist./Special...... X X X X X X X X X X X X X X X X X X X X X International Code of Signals ...... X X X X Lifesaving: Survival at Sea...... X X X X X X X X X Lifesaving Appliance Regulations...... X X X X X 7 X X X 7 X X X 7 Lifesaving Appliance Regs. for T-Boats X X X Lifesaving Appliance Operation...... X X X X X 7 X X X X X X X X 7 X X X 7 X X Lifesaving Appliance Ops. for T-Boats X X X Search and Rescue: Search and Rescue Procedures ...... X X X Amver ...... X X X SAIL/AUXILIARY SAIL VESSELS ADDEN- DUM (8): Any other subject considered necessary to establish the applicant’s proficiency ...... X X X X X X X X X X X X X X X X X X X X X X X X 1—For ocean routes only. 2—River chart navigation only. 3—Topic covered only on Great Lakes specific module(s) taken for ‘‘Great Lakes and inland’’ routes. 4—Including recommended courses, distances, prominent aids to navigation, depths of waters in channels and over hazardous shoals, other important features of the route, such as character of the bottom. The OCMI may accept chart sketching of only a portion or portions of the route for long or extended routes. 5—Take COLREGS if license not limited to non-COLREG waters. 6—For officer endorsements over 1600 gross tons. 7—For officer endorsements over 100 gross tons. 8—Sail vessel safety precautions, rules of the road, operations, heavy weather procedures, navigation, maneuvering, and sailing terminology. Applicants for sail/auxiliary sail endorsements to master, mate or operator of uninspected passenger vessels are also tested in the subjects contained in this addendum.

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[CGD 81–059a, 55 FR 14802, Apr. 18, 1990, as amended by USCG–1999–6224, 64 FR 63235, Nov. 19, 1999; USCG–2001–10224, 66 FR 48619, Sept. 21, 2001; USCG–2006–24371, 74 FR 11254, Mar. 16, 2009]

§ 11.920 Subjects for MODU endorse- Table 11.920–1 Codes for MODU Endorsements ments. 1. OIM/Unrestricted Table 11.920–1 gives the codes used in 2. OIM/Surface Units Underway 3. OIM/Surface Units on Location table 11.920–2 for MODU endorsements. 4. OIM/Bottom Bearing Units Underway Table 11.920–2 indicates the examina- 5. OIM/Bottom Bearing Units on Location tion subjects for each endorsement by 6. Barge Supervisor the code number. 7. Ballast Control Operator

TABLE 11.920–2—SUBJECTS FOR MODU LICENSES

Examination topics 1 2 3 4 5 6 7

Watchkeeping COLREGS ...... X X ...... X ...... X ...... ‘‘Basic Principles for Navigational Watch’’ ...... X X X X X X ...... MODU obstruction lights ...... X ...... X ...... X X ...... Meteorology and oceanography: Synoptic chart weather forecasting ...... X X X X X X ...... Characteristics of weather systems...... X X X X X X X Ocean current systems ...... X X X X X X ...... Tide and tidal current publications ...... X X X X X X ...... Stability, ballasting, construction and damage control: Principles of ship construction, structural members...... X X X X X X X Trim and stability ...... X X X X X X X Damaged trim and stability countermeasures ...... X X X X ...... X X Stability and trim calculations ...... X X X X X X Load line requirements ...... X X X X X X X Operating manual: Rig characteristics and limitations ...... X X X X X X X Hydrostatics data ...... X X X X ...... X X Tank tables ...... X X X X X X X KG limitations ...... X X X X ...... X X Severe storm instructions ...... X X X X X X X Transit instructions ...... X X ...... X ...... X X On-station instructions ...... X ...... X ...... X X X Unexpected list or trim ...... X X X X ...... X X Ballasting procedures ...... X X X ...... X X Operation of bilge system ...... X X X X ...... X X Leg loading calculations ...... X ...... X X ...... Completion of variable load form ...... X X X X X X X Evaluation of variable load form ...... X X X X X X X Emergency procedures ...... X X X X X X X Maneuvering and handling: Anchoring and anchor handling ...... X X X ...... X ...... Heavy weather operations ...... X X X X X X X Mooring, positioning ...... X X X X ...... X X Moving, positioning ...... X X ...... X ...... X ...... Fire prevention and firefighting appliances: Organization of fire drills ...... X X X X X X X Classes and chemistry of fire ...... X X X X X X X Firefighting systems ...... X X X X X X X Firefighting equipment and regulations...... X X X X X X X Basic firefighting and prevention of fires ...... X X X X X X X Emergency procedures and contingency plans: Temporary repairs ...... X X X X ...... X ...... Fire or explosion ...... X X X X X X X Abandon unit ...... X X X X X X X Man overboard ...... X X X X X X X Heavy weather ...... X X X X X X X Collision ...... X X X X X X X Failure of ballast control system ...... X X X ...... X X Mooring emergencies ...... X ...... X ...... X X Blowouts ...... X ...... X ...... X X X H2 S safety ...... X ...... X ...... X X X General Engineering—Power plants and auxiliary systems: Marine engineering terminology...... X X X X X X X Engineering equipment, operations and failures...... X X X X X X ...... Offshore drilling operations ...... X Deck seamanship—general: Transfer of personnel ...... X X X X X X ......

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TABLE 11.920–2—SUBJECTS FOR MODU LICENSES—Continued

Examination topics 1 2 3 4 5 6 7

Support boats/helicopters ...... X X X X X X ...... Cargo stowage and securing ...... X X X X X X ...... Hazardous materials/dangerous goods precautions...... X X X X X X ...... Mooring equipment ...... X X X X X X ...... Crane use procedures and inspections...... X X X X X X ...... Medical care: Knowledge and use of: First aid ...... X X X X X X X First response medical action...... X X X X X X X Maritime law and regulation: National maritime law: Certification and documentation of vessels ...... X X X X X ...... Ship sanitation ...... X X X X X ...... Regulations for vessel inspection...... X X X X X ...... Pollution prevention regulations...... X X X X X X X Credentialing regulations...... X X X X X ...... Rules and regulations for MODUs...... X X X X X X ...... International Maritime law: ...... International Maritime Organization...... X X X X X ...... International Convention on Load Lines ...... X X X X ...... X MARPOL 73/78 ...... X X X X X ...... Personnel Management and Training: Ship’s business including: Required logs and record keeping...... X X X X X X ...... Casualty reports and records...... X X X X X ...... Communications: Radio communications and FCC permit...... X X X X X X Radiotelephone procedures ...... X X X X X X Lifesaving/Survival: Lifesaving appliance operation (launching, boat handling)...... X X X X X X X Procedures/rules for lifeboats, survival suits, PFDs, life rafts and emergency signals ..... X X X X X X X Emergency radio transmissions...... X X X X X X X Survival at sea ...... X X X X X X X

[CGD 81–059a, 55 FR 14802, Apr. 18, 1990, as amended by USCG–2006–24371, 74 FR 11254, Mar. 16, 2009]

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A/E Ltd & DDE unlim. NDORSEMENTS E Chief engineer limited NGINEER E Unlimited 3rd asst. engineer UBJECTS FOR Unlimited 2nd asst. engineer 11.950—S ABLE T Unlimited 1st asst. engineer Unlimited STM MTR chief engineer Prints and Tables...... Valves...... P-T P-T P-T P-T P-T P-T P-T P-T and P-T P-T P P-T P-T P-T P-T P-T P-T Fittings, P Prints P Pipes, P-T Systems...... Hydraulics P ...... P-T P Systems...... P-T P-T P-T P-T P-T P-T Bilge P-T P P-T P-T P-T P-T P P-T P-T Systems...... P-T P P-T P-T P-T P-T P-T P P-T Sanitary/Sewerage P P P-T P P-T P-T P P-T P-T P-T Freshwater P P P-T Systems...... P P Lubricants P P-T ...... Systems...... P-T P P-T P-T P-T P-T P-T P-T P Lubrication P-T P P-T P-T P-T P-T P P-T P-T Systems...... P P-T P-T P P-T P-T P-T P P-T P-T P Automation P Systems...... P P-T P-T P P-T P-T P-T Control P-T P-T P P P Shop...... P P P-T P-T P-T P Propellers/Shafting P-T P-T P-T P-T P P-T P P-T Systems...... P P P P P-T P-T P-T P-T P P-T P-T P-T P Machine P P P P-T P P P P P-T P-T P P P-T P P-T P-T Distilling P-T P-T P-T P-T P P P-T P-T P P P-T Pumps P P-T ...... P-T P P-T P P-T P P-T P-T CompressorsP-T P-T P-T P-T P-T P ...... P-T P P P-T AdministrationP-T P P-T P-T P-T P-T P-T P-T ...... Repair...... P-T Systems...... P-T P P-T P P GovernorsP P P P P-T P ...... P-T P P-T P-T P-T P P-T P-T P-T P-T P-T P-T P-T P-T P-T P-T P-T P-T P and Cooling P-T P P P P-T P P-T P Bearings P-T ...... Construction P-T P P P-T P P-T InstrumentsP-T P-T P-T P-T P-T ...... P-T P Ship P-T P P-T P-T P-T P-T P-T P-T P P-T Systems...... P P TheoryP-T ...... P Machinery...... P-T P P P-T Systems...... P-T P-T P-T P-T P-T T T T Steering T T P-T T T T P P T P-T P-T P-T P P-T P-T P-T P-T Deck P P P Ventilation Duties...... P Thermodynamics ...... P-T P P P-T P-T P-T P-T P-T P-T Watch Systems...... T P T P T T P P-T P-T P-T P-T Conditioning P-T P-T P P-T Theory P ...... P Systems...... P-T T T T Air T T T T T P Systems...... T P-T P-T P-T P-T Refrigeration P-T P-T P P P-T P-T P-T P P-T Control P P-T P-T P Control...... P P SafetyP-T P ...... P-T P-T P-T P P P-T P-T P-T P Casualty P-T P P-T P-T P-T P P-T P-T P-T P P P P Maintenance...... P P P Theory P ...... P-T P P P-T P-T P-T P-T P-T P-T T T T General T T T P T T P P T Generators P-T P ...... P-T P-T P MotorsP-T P-T P-T P-T P-T P-T ...... P P-T P P-T P-T P-T P-T P-T P-T P-T P P-T P-T P-T General Subjects: Refrigeration and Air Conditioning: Electricity: § 11.950 Subjects for engineer endorsements.

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VerDate Mar<15>2010 13:21 Nov 01, 2011 Jkt 223193 PO 00000 Frm 00198 Fmt 8010 Sfmt 8010 Q:\46\46V1.TXT ofr150 PsN: PC150 Coast Guard, DHS § 11.950 Motor Controllers...... Systems...... P-T P P-T P-T P-T P-T P-T P-T Motor P Systems...... P-T P P-T P-T P-T P-T P-T Propulsion P-T P-T P P-T P P-T Systems...... P-T P-T P-T P-T P-T P-T Distribution P-T P P P-T P P-T P-T P-T P-T Electronic P P P-T P P Batteries ...... P P P-T P P-T CommunicationsP-T P-T P-T P-T P P-T Boilers...... P ...... Control...... P P SafetyP P-T P P-T P-T P-T P-T Boilers...... P-T P P-T P P-T P-T P ...... P-T P-T P-T P-T P-T P P P-T Casualty P-T P P-T P P-T P P-T P-T P-T P-T P P P P-T P P-T P P-T P-T P P P-T P P-T P-T P-T P-T Steam P P-T P P-T ...... P P-T P-T Main P P P-T P-T Systems...... P-T P-T Auxiliary P-T Systems...... P P Systems...... P-T P-T P-T P-T P-T P-T Feedwater P-T P-T P-T P P-T Condensate P P-T P-T P Recovery Systems...... P-T P P-T Fuel P-T ...... P P-T P-T P-T Water...... P-T P-T P P-T P-T P-T P-T P P-T Fuel P-T P-T P-T P-T P-T P-T P-T Systems...... P-T P-T P-T P-T P-T P-T P P-T Boiler P-T Systems...... P-T P P-T P-T P-T P-T Control P-T P-T Turbine...... P P P-T P-T P-T P-T P-T P-T P-T Automation P P P-T Control...... Safety P-T Machines...... P-T ...... P-T P-T P-T P-T P-T Casualty P-T P P P-T P-T P-T P-T P-T P-T P-T P P P P P Turbine...... P P-T P Main P-T Systems...... P P-T P-T P P-T P P-T Auxiliary P P-T P P P-T P-T Systems...... P-T P Reciprocating P-T P Systems...... P-T P Systems...... P-T P P P-T Governor P-T P P-T P P-T P-T P Control P-T P-T P-T P-T P Systems...... P-T P Automation P-T P-T P-T P P-T P P-T P Lubrication P-T Engines...... P-T P P-T P Drive P-T P-T Control...... P-T P-T P P-T Safety P-T P P-T ...... P-T P Casualty P-T P P-T P-T P P-T P P-T P-T P P-T Engines...... P-T P P-T Main P-T P P-T P Systems...... P-T P P-T P-T P-T P-T P-T P-T P-T P Auxiliary P-T P-T P-T Systems...... P-T P Starting P P-T P P-T P-T P-T P P-T P-T P-T P-T P-T Lubrication P-T P Systems...... Fuel P P-T P ...... P-T P P-T P-T Systems...... P-T P-T P-T P-T P-T P-T P-T P P-T P P-T Fuel P-T P-T P-T P-T P-T P-T P-T Systems...... P-T P P-T P-T P-T P-T P-T P P P-T Combustion P-T P P-T Systems...... P P Intake P-T Systems...... P-T P P P-T Exhaust P-T P Systems...... P-T P P Cooling P-T P P-T P-T P P-T P Systems...... P-T P-T P P P-T P Supercharging P-T P P-T P P Systems...... P-T P P-T P P-T P P P-T P Drive P-T P-T P-T P Systems...... P-T P P-T P P-T P P P Control P-T P P-T P-T P P-T P P-T P P P-T P Automation P-T P P-T P-T P P-T P P-T P P-T Governors P-T P-T P P-T P ...... P-T P-T P P-T P-T P P-T P Turbines P ...... P-T P P-T P P-T P P-T P P P P-T P-T P P-T P P-T P P-T P P P-T P-T P-T P P-T P-T P P P-T P P-T P P-T P P-T P P-T P P-T P-T P P-T P-T P-T P-T P-T P-T P P-T P P– P P P P Steam Generators: Steam Engines: Motor:

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Subpart J—Ro-Ro Passenger Ships before you may serve on a passenger ship, you must— (a) Meet the appropriate require- SOURCE: CGD 95–062, 62 FR 34534, June 26, ments of the STCW Regulation V/3 and 1997, unless otherwise noted. of section A–V/3 of the STCW Code (in- § 11.1001 Purpose of regulations. corporated by reference, see § 11.102); and The purpose of the regulations in this (b) Hold documentary evidence to subpart is to establish requirements for show that you meet these requirements officers serving on roll-on/roll-off (Ro- through approved or accepted training. Ro) passenger ships. [USCG-1999–5610, 67 FR 66068, Oct. 30, 2002, as § 11.1003 Definition. amended by USCG–2006–24371, 74 FR 11254, Mar. 16, 2009] Roll-on/roll-off (Ro-Ro) passenger ship means a passenger ship with Ro-Ro PART 12—REQUIREMENTS FOR cargo spaces or special-category spaces as defined in the Convention for the RATING ENDORSEMENTS Safety of Life at Sea, 1974, as amended Subpart 12.01—General (SOLAS), to which a SOLAS certificate is issued. Sec. 12.01–1 Purpose of rules in this part. § 11.1005 General requirements for of- 12.01–3 Incorporation by reference. ficers. 12.01–6–12.01–7 [Reserved] 12.01–9 Paperwork approval. To serve on a Ro-Ro passenger ship, a 12.01–11 [Reserved] person endorsed as master, chief mate, mate, chief engineer, or engineer shall Subpart 12.02—General Requirements for meet the appropriate requirements of Certification STCW Regulation V/2 and Section A–V/ 2 of the STCW Code (incorporated by 12.02–3–12.02–5 [Reserved] 12.02–7 When documents are required. reference, see § 11.102) and shall hold 12.02–9–12.02–10 [Reserved] documentary evidence to show his or 12.02–11 General provisions respecting rather meeting these requirements. ing endorsements. 12.02–12–12.02–15 [Reserved] [USCG–2006–24371, 74 FR 11254, Mar. 16, 2009] 12.02–17 Examination procedures and denial of rating endorsements. Subpart K—Officers on a Pas- 12.02–18–12.02–29 [Reserved] senger Ship, Other Than a Ro- Subpart 12.03—Approved and Accepted Ro Passenger Ship, When on Training an International Voyage 12.03–1 Coast Guard-accepted training other than approved courses. SOURCE: USCG-1999–5610, 67 FR 66068, Oct. 30, 2002, unless otherwise noted. Subpart 12.05—Able Seamen § 11.1101 Purpose of rules. 12.05–1 Certification required. 12.05–3 General requirements. The rules in this subpart establish re- 12.05–5 [Reserved] quirements for officers serving on pas- 12.05–7 Service or training requirements. senger ships as defined in § 10.1103. 12.05–9 Examination and demonstration of ability. § 11.1103 Definitions. 12.05–11 General provisions respecting mer- Passenger ship in this subpart means chant mariner’s document endorsed for service as able seamen. a ship, other than a Ro-Ro passenger ship, carrying more than 12 passengers Subpart 12.07 [Reserved] when on an international voyage. Subpart 12.10—Lifeboatman § 11.1105 General requirements for officer’s endorsements. 12.10–1 Credentials required. 12.10–3 General requirements. If you are a master, mate, chief 12.10–5 Examination and demonstration of mate, engineer, or chief engineer, then, ability.

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12.10–7 General provisions respecting an 12.40–15 Alternative means of compliance. MMC or MMD endorsed as lifeboatman. 12.10–9 Endorsement for proficiency in fast AUTHORITY: 31 U.S.C. 9701; 46 U.S.C. 2101, rescue boats. 2103, 2110, 7301, 7302, 7503, 7505, 7701, and 70105; Department of Homeland Security Delega- Subpart 12.13—Persons Designated To tion No. 0170.1. Provide Medical Care on Board Ship SOURCE: CGFR 65–50, 30 FR 16640, Dec. 30, 1965, unless otherwise noted. 12.13–1 Documentary evidence required. 12.13–3 Basis of documentary evidence. Subpart 12.01—General Subpart 12.15—Qualified Member of the Engine Department § 12.01–1 Purpose of rules in this part. 12.15–1 Credentials required. (a) The purposes of the regulations in 12.15–3 General requirements. this part are to provide— 12.15–5 Physical and medical requirements. (1) A comprehensive and adequate 12.15–7 Service or training requirements. means of determining and verifying the 12.15–9 Examination requirements. identity, citizenship, nationality, and 12.15–11 General provisions respecting an professional qualifications an applicant endorsement as qualified member of the must possess to be eligible for certifi- engine department. 12.15–13 Deck engine mechanic. cation to serve on merchant vessels of 12.15–15 Engineman. the United States; (2) A means of determining that an Subpart 12.25—Certificates of Service for applicant is competent to serve as a Ratings Other Than Able Seaman or ‘‘rating forming part of a navigational Qualified Member of the Engine De- watch’’ or a ‘‘rating forming part of an partment engine-room watch’’, or is otherwise ‘‘designated to perform duties in a peri- 12.25–1 Credentials required. 12.25–10 General requirements. odically unmanned engine-room’’, on a 12.25–20 Physical and medical requirements. seagoing ship, in accordance with the 12.25–25 Members of Merchant Marine Cadet provisions of the International Conven- Corps. tion on Standards of Training, Certifi- 12.25–30 Student observers. cation and Watchkeeping for Seafarers, 12.25–35 Apprentice engineers. 1978, as amended (STCW), and to re- 12.25–40 Apprentice mate. ceive the endorsement required by 12.25–45 GMDSS At-sea Maintainer. STCW; and Subpart 12.30—Ro-Ro Passenger Ships (b) The regulations in subpart 12.03 of this part prescribe the requirements 12.30–1 Purpose of regulations. applicable to all training and assess- 12.30–3 [Reserved] ment associated with meeting the 12.30–5 General requirements. standards of competence established by Subpart 12.35—Crewmembers on a Pas- STCW. senger Ship, Other Than a Ro-Ro Pas- [CGD 95–062, 62 FR 34534, June 26, 1997, as senger Ship, When on an International amended by USCG-1999–5610, 67 FR 66068, Oct. Voyage 30, 2002; USCG-2003–14500, 69 FR 531, Jan. 6, 2004; USCG–2006–24371, 74 FR 11254, Mar. 16, 12.35–1 Purpose of rules. 2009] 12.35–3 [Reserved] 12.35–5 General requirements. § 12.01–3 Incorporation by reference. Subpart 12.40—-Non-resident Alien Unli- (a) Certain material is incorporated censed Members of the Steward’s De- by reference into this part with the ap- partment on U.S. Flag Large Passenger proval of the Director of the Federal Vessels Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition 12.40–1 Purpose of rules. other than that specified in this sec- 12.40–3 [Reserved] tion, the Coast Guard must publish a 12.40–5 General application requirements. 12.40–7 Employer requirements. notice of change in the FEDERAL REG- 12.40–9 Basis for denial. ISTER and the material must be avail- 12.40–11 Citizenship and identity. able to the public. All approved mate- 12.40–13 Restrictions. rial is available for inspection at the

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National Archives and Records Admin- § 12.01–11 [Reserved] istration (NARA). For information on the availability of this material at Subpart 12.02—General NARA, call 202–741–6030 or go to http:// Requirements for Certification www.archives.gov/federallregister/ codeloflfederallregulations/ §§ 12.02–3–12.02–5 [Reserved] ibrllocations.html. Also, it is available for inspection at the Coast Guard, Of- § 12.02–7 When documents are required. fice of Operating and Environmental Standards (CG–5221), 2100 2nd St. SW., (a) Every seaman employed on any Stop 7126, Washington, DC 20593–7126, merchant vessel of the United States of 202–372–1405 and is available from the 100 gross tons or upward, except vessels sources indicated in this section. employed exclusively in trade on the navigable rivers of the United States, (b) International Maritime Organiza- must carry a valid merchant mariner tion (IMO), 4 Albert Embankment, Lon- credential (MMC) or merchant mari- don, SE1 7SR, England, telephone: + 44 ner’s document (MMD) with all appro- (0)20 7735 7611, http://www.imo.org. priate endorsements for the position (1) The International Convention on served and, beginning on April 15, 2009, Standards of Training, Certification a valid Transportation Worker Identi- and Watchkeeping for Seafarers, 1978, fication Credential (TWIC). Provisions as amended 1995 (the STCW Convention of this section are not applicable to or the STCW), incorporation by ref- unrigged vessels except seagoing erence approved for §§ 12.02–7, 12.02–11, barges and certain tank barges. 12.05–3, 12.05–11, 12.10–3; 12.10–5, 12.10–7, (b) Every seaman, as referred to in 12.10–9, 12.15–3, 12.30–5, and 12.35–5. paragraph (a) of this section, shall (2) The Seafarers’ Training, Certifi- produce a valid MMC or MMD with all cation and Watchkeeping Code, as applicable rating endorsements for the amended 1995 (the STCW Code), incor- position sought and, beginning on April poration by reference approved for 15, 2009, a valid TWIC to the master of §§ 12.02–11, 12.03–1, 12.05–3, 12.05–7, 12.10– the vessel at the time of his or her em- 5, 12.10–9, 12.15–3, 12.15–7, 12.25–45, 12.30– ployment before signing articles of 5, and 12.35–5. agreement. Seamen who do not possess one of these credentials may be em- [USCG–2006–24371, 74 FR 11254, Mar. 16, 2009, ployed at a foreign port or place. as amended by USCG–2009–0702, 74 FR 49225, (c)(1) Every person employed on any Sept. 25, 2009] merchant vessel of the United States of 100 gross tons and upward, except those §§ 12.01–6–12.01–7 [Reserved] navigating rivers exclusively and the smaller inland lakes, below the grades § 12.01–9 Paperwork approval. of officer and staff officer, must possess (a) This section lists the control a valid MMC or MMD with all appro- numbers assigned by the Office of Man- priate endorsements for the positions agement and Budget under the Paper- served; work Reduction Act of 1980 (Pub. L. 96– (2) No endorsements are required of 511) for the reporting and record keep- any person below the rank of officer ing requirements in this part. employed on any unrigged vessel ex- (b) The following control numbers cept seagoing barges and certain tank have been assigned to the sections indi- barges. (3) No endorsements are required of cated: any person below the rank of officer (1) OMB 1625–0079—46 CFR 12.02–17 employed on any sail vessel of less and 12.03–1. than 500 net tons while not carrying (2) [Reserved] passengers for hire and while not oper- [CGD 95–062, 62 FR 34535, June 26, 1997, as ating outside the line dividing inland amended by USCG-2004–18884, 69 FR 58343, waters from the high seas, as defined in Sept. 30, 2004] section 2 of the act of February 19, 1895, as amended (33 U.S.C. 151) and in 33 CFR part 82.

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(d) Each person serving as an able §§ 12.02–9–12.02–10 [Reserved] seaman or a rating forming part of a navigational watch on a seagoing ship § 12.02–11 General provisions respect- of 500 gross tonnage (200 GRT) or more ing rating endorsements. shall hold an STCW endorsement certi- (a)(1) An MMC with a deck officer en- fying him or her as qualified to per- dorsement will authorize the holder to form the navigational function at the serve in any rating capacity in the support level, in accordance with deck department, except able seaman. STCW (incorporated by reference, see If a deck officer qualifies as able sea- § 12.01–3). man, the MMC will be endorsed with (e) Each person serving as a qualified the appropriate able seaman and lifeboatman endorsement. STCW en- member of the engine department dorsements as RFPNW and PSC will (QMED) or a rating forming part of a also be entered upon qualification. watch in a manned engine-room or des- (2) An MMC issued to an engineer of- ignated to perform duties in a periodi- ficer endorsed for inspected vessels of cally unmanned engine-room, on a sea- over 2,000 horsepower will authorize going ship driven by main propulsion the holder to serve in any rating capac- machinery of 750 kW [1,000 hp] of pro- ity in the engine department. If an en- pulsion power or more, shall hold an gineer officer qualifies as a STCW endorsement certifying him or lifeboatman, the appropriate her as qualified to perform the marine- lifeboatman endorsement will be engineering function at the support placed on the MMC. STCW endorse- level, in accordance with STCW. ments as RFPEW and PSC will also be (f) Notwithstanding any other rule in entered upon qualification. this part, no person subject to this part (b) The authorized holder of any valid serving on any of the following vessels rating endorsement may serve in any needs to hold an STCW endorsement, capacity in the staff department of a either because he or she is exempt from vessel, except in those capacities re- application of the STCW, or because quiring a staff officer; except that the vessels are not subject to further whenever the service includes the han- obligation under STCW, on account of dling of food, no person may be so em- their special operating conditions as ployed unless his or her credential bears the food handler’s endorsement small vessels engaged in domestic voy- ‘‘(F.H.)’’. ages: (c) A rating endorsement as able sea- (1) Small passenger vessels subject to man or lifeboatman authorizes service subchapter T or K of title 46, CFR. as lifeboatman. (2) Vessels of less than 200 GRT (d) The OCMI will issue an STCW en- (other than passenger vessels subject dorsement if the applicant for or holder to subchapter H of title 46, CFR). of an MMC is qualified for the endorse- (3) Uninspected passenger vessels as ment. The OCMI will issue an STCW defined in 46 U.S.C. 2101(42). endorsement for the following ratings: (4) Fishing vessels as defined in 46 (1) A rating forming part of a naviga- U.S.C. 2101(11)(a). tional watch on a seagoing ship of 500 (5) Fishing vessels used as fish-tender GT or more if the holder of the creden- vessels as defined in 46 U.S.C. tial is qualified according to STCW 2101(11)(c). Regulation II/4 of the STCW Code (in- (6) Barges as defined in 46 U.S.C. corporated by reference, see § 12.01–3) to 2101(2), including non-self-propelled perform the navigational function at the support level. mobile offshore-drilling units. (2) A rating forming part of a watch (7) Vessels operating exclusively on in a manned engineroom, or designated the Great Lakes. to perform duties in a periodically un- [CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as manned engineroom, on a seagoing ship amended by CGD 95–062, 62 FR 34535, June 26, driven by main propulsion machinery 1997; USCG-1999–5610, 67 FR 66068, Oct. 30, of 750 kW (1,000 hp) of propulsion power 2002; USCG–2006–24371, 74 FR 11254, Mar. 16, or more, if the holder is qualified in ac- 2009] cording to STCW Regulation III/4 and

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Section A-III/4 of the STCW Code, (in- (1) The training and assessment must corporated by reference, see § 12.01–3) to have written, clearly defined objectives perform the marine-engineering func- that emphasize specific knowledge, tion at the support level. skills, and abilities, and that include (e) At the request of the holder of the criteria to be used in establishing a document, the OCMI may add an en- student’s successful achievement of the dorsement to indicate that a qualified training objectives. holder has received basic-safety train- (2) The training must be set out in a ing or instruction required under Chap- written syllabus that conforms to a ter VI of STCW (incorporated by ref- Coast Guard-accepted outline for such erence, see § 12.01–3). training and includes— [USCG–2006–24371, 74 FR 11255, Mar. 16, 2009] (i) The sequence of subjects to be covered; §§ 12.02–12–12.02–15 [Reserved] (ii) The number of hours to be devoted to instruction in relevant areas § 12.02–17 Examination procedures of knowledge; and denial of rating endorsements. (iii) The identity and professional (a) Upon application for a rating en- qualifications of the instructor(s) to be dorsement, any required examination conducting the training or providing will be given as soon as practicable. instruction; (b) An applicant for a rating endorse- (iv) The identity of other media or fa- ment who has been duly examined and cilities to be used in conducting the refused a certificate by the Coast training; and Guard may come before the Coast (v) Measurements at appropriate in- Guard for reexamination at any time tervals of each candidate’s progress to- after the date of the initial examina- ward acquisition of the specific knowl- tion. The Coast Guard sets the time of edge, skills, and abilities stated in the reexamination based on the applicant’s training objectives. performance on the initial examina- (3) Except as provided in paragraph tion. However, the maximum waiting (a)(4) of this section, documentary evi- period after the initial failure will be dence must be readily available to es- 30 days, and the maximum waiting pe- tablish that all instructors— riod after a second or subsequent fail- (i) Have experience, training, or in- ure will be 90 days. struction in effective instructional (c) An applicant who has been exam- techniques; ined and refused a certificate by the (ii) Are qualified in the task for Coast Guard may not again make ap- which the training is being conducted; plication for examination until 30 days and after the applicant’s last failure of an (iii) Hold the level of Coast Guard examination or reexamination. credential or other professional creden- [USCG–2006–24371, 74 FR 11255, Mar. 16, 2009] tial required of those who would apply, on board a vessel, the relevant level of §§ 12.02–18–12.02–29 [Reserved] knowledge, skills, and abilities described in the training objectives. Subpart 12.03—Approved and (4) Neither a specialist in a particular Accepted Training field of non-maritime education, such as mathematics or first aid, nor a per- § 12.03–1 Coast Guard-accepted train- son with at least 3 years of service as a ing other than approved courses. member of the Armed Forces of the (a) When the training and assessment United States, specializing in a par- of competence required by parts 10 or ticular field, need hold a Coast Guard 12 of this subchapter are not subject to credential to conduct training in that approval under § 11.302 of this chapter, field. but are used to qualify an applicant to (5) A simulator may be used in train- hold an STCW or rating endorsement, ing if— the training and assessment must meet (i) The simulator meets applicable the following requirements: performance standards;

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(ii) The instructor has gained prac- requirements that apply to the train- tical operational experience on the par- ing, and shall not himself or herself be ticular type of simulator being used; involved in the training and assess- and ment of students. (iii) The instructor has received ap- (D) Each person evaluating or moni- propriate guidance in instructional toring the training shall enjoy conven- techniques involving the use of simula- ient access to all appropriate docu- tors. ments and facilities, and opportunities (6) Essential equipment and instruc- both to observe all appropriate activi- tional materials must afford each stu- ties and to conduct confidential inter- dent adequate opportunity to partici- views when necessary. pate in exercises and acquire practice (E) Arrangements must be such as to in performing required skills. ensure that no person evaluating or (7) A process for routinely assessing monitoring the training is penalized or the effectiveness of the instructors, in- rewarded, directly or indirectly, by the cluding the use of confidential evalua- sponsor of the training for making any tions by students, is in place. particular observations or for reaching (8) Documentary evidence is readily any particular conclusions. available to establish that any evalua- (11) Each person conducting the ini- tion of whether a student is competent tial evaluation under paragraph in accordance with standards, methods, (a)(10)(ii)(A) of this section or the peri- and criteria set out in part A of the odic monitoring of the training under STCW Code (incorporated by reference paragraph (a)(10)(ii)(B) of this section in § 12.01–3) is conducted by a des- shall communicate his or her conclu- ignated examiner who has experience, sions to the Commanding Officer, Na- training, or instruction in assessment tional Maritime Center, NMC–2, 100 techniques. Forbes Drive, Martinsburg, West Vir- (9) Records of the student’s perform- ginia 25404, within 1 month of the com- ance are maintained for at least 1 year pletion or the evaluation of the moni- by the offeror of the training and as- toring. sessment. (12) Each offeror of the training shall (10) To ensure that the training is let the Coast Guard or someone author- meeting its objectives, and the require- ized by the Coast Guard observe the ments of paragraphs (a) (1) through (9) records of a student’s performance and of this section, its offeror must ei- records otherwise relating to para- ther— graphs (a) (1) through (10) of this sec- (i) Be regulated as a maritime acad- tion. emy or marine academy pursuant to 46 (b) The Coast Guard will maintain a CFR part 310; or list of training each of whose offerors (ii) Monitor it in accordance with a submits a certificate, initially not less Coast Guard-accepted QSS, which must than 45 calendar days before offering include the following features: training under this section, and annu- (A) The training must be provisionally thereafter, signed by the offeror or ally certified, on the basis of an initial its authorized representative, stating independent evaluation conducted that the training fully complies with under a Coast Guard-accepted QSS, as requirements of this section, and iden- being capable of meeting its stated ob- tifying the Coast Guard-accepted QSS jective. being used for independent monitoring. (B) The training must be periodically Training on this list will offer the monitored in accordance with the training necessary for both officer and schedule stipulated under the Coast STCW endorsements under this part. Guard-accepted quality-standards sys- The Coast Guard will update this list tem. periodically and make it available to (C) Each person conducting the ini- members of the public on request. tial evaluation or the subsequent peri- (c) If the Coast Guard determines, on odic monitoring of the training shall be the basis of observations or conclusions knowledgeable about the subjects either of its own or of someone author- being evaluated or monitored and ized by it to monitor the training, that about the national and international the particular training does not satisfy

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one or more of the conditions described (4) Able Seaman—Special (OSV). in paragraph (a) of this section— [CGD 80–131, 45 FR 69240, Oct. 20, 1980, as (1) The Coast Guard will so notify the amended by USCG–2006–24371, 74 FR 11256, offeror of the training by letter, enclos- Mar. 16, 2009] ing a report of the observations and conclusions; § 12.05–3 General requirements. (2) The offeror may, within a period (a) To qualify for an endorsement as specified in the notice, either appeal able seaman an applicant must: the observations or conclusions to the National Maritime Center (NMC) or (1) Be at least 18 years of age; bring the training into compliance; and (2) Pass the prescribed physical and (3) If the appeal is denied—or the de- medical examination in § 10.215 of this ficiency is not corrected in the allotted subchapter; time, or within any additional period (3) Meet the sea service or training judged by the Coast Guard to be appro- requirements set forth in this part; priate, considering progress towards (4) Pass an examination dem- compliance—the Coast Guard will re- onstrating ability as an able seaman move the training from the list main- and lifeboatman; and, tained under paragraph (b) of this sec- (5) Speak and understand the English tion until it can verify full compliance; language as would be required in per- and it may deny applications for li- forming the general duties of able sea- censes for STCW endorsement based in man and during an emergency aboard whole or in part on training not on the ship. list, until additional training or assess- (b) An STCW endorsement, will be ment is documented. issued or renewed only when the candidate for certification as an able sea- [CGD 95–062, 62 FR 34536, June 26, 1997, as amended by USCG-1998–4442, 63 FR 52189, man also produces satisfactory evi- Sept. 30, 1998; USCG-1999–5610, 67 FR 66068, dence, on the basis of assessment of a Oct. 30, 2002; USCG-2004–18884, 69 FR 58343, practical demonstration of skills and Sept. 30, 2004; USCG–2008–0906, 73 FR 56508, abilities, of having achieved or main- Sept. 29, 2008; USCG–2006–24371, 74 FR 11256, tained within the previous 5 years the Mar. 16, 2009] minimum standards of competence for the following 4 areas of basic safety: Subpart 12.05—Able Seamen (1) Personal survival techniques as set out in table A-VI/1-1 of the STCW § 12.05–1 Certification required. Code (incorporated by reference in (a) Every person serving under the § 12.01–3). authority of a rating endorsement as (2) Fire prevention and fire-fighting able seaman on any United States ves- as set out in table A-VI/1-2 of the sel requiring certificated able seamen, STCW Code. before signing articles of agreement, (3) Elementary first aid as set out in shall present to the master, his or her table A-VI/1-3 of the STCW Code. certificate as able seaman (issued in (4) Personal safety and social respon- the form of an MMC or MMD endorse- sibilities as set out in table A-VI/1-4 of ment). the STCW Code. (b) No MMD or MMC endorsed as able (c) An STCW endorsement as rating seaman is required of any person em- forming part of the navigational watch ployed on any tug or towboat on the will be issued or renewed when the can- bays and sounds connected directly didate for an endorsement meets the with the seas, or on any unrigged ves- requirements of STCW Regulation II/4 sel except seagoing barges or tank and of Section A–II/4 of the STCW Code barges. (incorporated by reference, see § 12.01– (c) The following categories of able 3). seaman are established: (1) Able Seaman—Any Waters, Un- [CGD 80–131, 45 FR 69240, Oct. 20, 1980, as amended by CGD 95–062, 62 FR 34537, June 26, limited. 1997; CGD 95–062, 62 FR 40140, July 25, 1997; (2) Able Seaman—Limited. USCG-1999–5610, 67 FR 66068, Oct. 30, 2002; (3) Able Seaman—Special. USCG–2006–24371, 74 FR 11256, Mar. 16, 2009]

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§ 12.05–5 [Reserved] (1) A graduate of a school ship may be rated as able seaman upon satisfac- § 12.05–7 Service or training require- tory completion of the course of in- ments. struction. For this purpose, school ship (a) The minimum service required to is interpreted to mean an institution qualify an applicant for the various which offers a complete course of in- categories of endorsement as able sea- struction, including a period of at sea man are listed in this paragraph. training, in the skills appropriate to (1) Able Seaman—Any Waters, Un- the rating of able seaman. limited. Three years service on deck on (2) Training programs, other than vessels operating on the oceans or the those classified as a school ship, may Great Lakes. be substituted for up to one third of the required service on deck. The serv- (2) Able Seaman—Limited. Eighteen ice/training ratio for each program is months service on deck in vessels of 100 determined by the Commanding Offi- gross tons or over which operate in a cer, National Maritime Center, who service not exclusively confined to the may allow a maximum of three days on rivers and smaller inland lakes of the deck service credit for each day of in- United States. struction. (3) Able Seaman—Special. Twelve months service on deck on vessels oper- [CGD 80–131, 45 FR 69240, Oct. 20, 1980, as ating on the oceans, or the navigable amended by CGD 95–072, 60 FR 50460, Sept. 29, waters of the United States including 1995; CGD 95–062, 62 FR 34537, June 26, 1997; CGD 95–062, 62 FR 40140, July 25, 1997; USCG- the Great Lakes. 1998–4442, 63 FR 52189, Sept. 30, 1998; USCG- (4) Able Seaman—Special (OSV). Six 1999–5610, 67 FR 66068, Oct. 30, 2002; USCG– months service on deck on vessels oper- 2006–24371, 74 FR 11256, Mar. 16, 2009] ating on the oceans, or the navigable waters of the United States including § 12.05–9 Examination and demonstra- the Great Lakes. tion of ability. (5) After July 31, 1998, to receive an (a) Before an applicant is issued an STCW endorsement for service as a endorsement as an able seaman, he or ‘‘rating forming part of a navigational she shall prove to the satisfaction of watch’’ on a seagoing ship of 500 GT or the Coast Guard by oral or other means more, the applicant’s seagoing service of examination, and by actual dem- must include training and experience onstration, his or her knowledge of sea- associated with navigational manship and the ability to carry out watchkeeping and involve the perform- effectively all the duties that may be ance of duties carried out under the di- required of an able seaman, including rect supervision of the master, the offi- those of a lifeboatman. The applicant cer in charge of the navigational shall demonstrate that he or she: watch, or a qualified rating forming (1) Has been trained in all the oper- part of a navigational watch. The ations connected with the launching of training and experience must be suffi- lifeboats and liferafts, and in the use of cient to establish that the candidate oars; has achieved the standard of com- (2) Is acquainted with the practical petence prescribed in table A-II/4 of the handling of boats; and STCW Code (incorporated by reference (3) Is capable of taking command of in § 12.01–3), in accordance with the the boat’s crew. methods of demonstrating competence (b) The examination, whether admin- and the criteria for evaluating com- istered orally or by other means, must petence specified in that table. be conducted only in the English language and must consist of questions re- NOTE: Employment considerations for the garding: various categories of able seaman are con- (1) Lifeboats and liferafts, the names tained in § 157.20–15 of this chapter. of their essential parts, and a descrip- (b) Training programs approved by tion of the required equipment; the National Maritime Center, may be (2) The clearing away, swinging out, substituted for the required periods of and lowering of lifeboats and liferafts, service on deck as follows: and handling of lifeboats under oars

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and sails, including questions relative render him incompetent to perform the to the proper handling of a boat in a usual duties of an able seaman at sea. heavy sea; If such condition is believed to exist, (3) The operation and functions of the applicant shall be required to un- commonly used types of davits; dergo an examination to determine his (4) The applicant’s knowledge of nau- competency as set forth in § 10.215 of tical terms; boxing the compass, either this chapter. by degrees or points according to his [CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as experience; running lights, passing sig- amended by CGD 71–161R, 37 FR 28263, Dec. nals, and fog signals for vessels on the 21, 1972; CGD 94–029, 61 FR 47064, Sept. 6, 1996; high seas, in inland waters, or on the USCG-2002–13058, 67 FR 61278, Sept. 30, 2002; Great Lakes depending upon the waters USCG-2004–18884, 69 FR 58343, Sept. 30, 2004; on which the applicant has had service; USCG–2006–24371, 74 FR 11256, Mar. 16, 2009] and distress signals; and, (5) The applicant’s knowledge of com- § 12.05–11 General provisions respect- mands in handling the wheel by obey- ing merchant mariner’s document endorsed for service as able sea- ing orders passed to him as wheelsman, men. and knowledge of the use of engineroom telegraph or bell-pull sig- (a) The holder of an MMC or MMD nals. endorsed for the rating of able seamen (c) In the actual demonstration, the may serve in any rating in the deck de- applicant shall show his ability by tak- partment without obtaining an addi- ing command of a boat and directing tional endorsement; provided, however, the operation of clearing away, swing- that the holder shall hold the appro- ing out, lowering the boat into the priate endorsement under the STCW water, and acting as coxswain in (incorporated by reference, see § 12.01–3) charge of the boat under oars. He shall when serving as a rating forming part demonstrate his ability to row by actu- of a navigational watch (RFPNW) on a ally pulling an oar in the boat. He shall seagoing ship of 500 GT or more. also demonstrate knowledge of the (b) An MMC or MMD endorsed as able principal knots, bends, splices, and seaman will also be considered an en- hitches in common use by actually dorsement as lifeboatman. making them. (c) This type of document will de- (d) The applicant must demonstrate scribe clearly the type of able seaman to the satisfaction of the Officer in certificate which it represents, e.g.: Charge, Marine Inspection, his knowl- able seaman—any waters; able sea- edge of pollution laws and regulations, man—any waters, 12 months; able sea- procedures for discharge containment man—Great Lakes, 18 months; able and cleanup, and methods for disposal seaman—on freight vessels, 500 gross of sludge and waste material from tons or less on bays or sounds, and on cargo and fueling operations. tugs, towboats, and barges on any wa- (e) Any person who holds a valid ters. MMC or MMD endorsed as able seaman, [CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as any waters-12 months and who can amended by CGD 95–062, 62 FR 34537, June 26, produce documentary evidence of suffi- 1997; USCG-1999–5610, 67 FR 66068, Oct. 30, cient service to qualify for an endorse- 2002; USCG–2006–24371, 74 FR 11256, Mar. 16, ment as able seaman, any waters-un- 2009] limited, may be issued a new MMC bearing this endorsement without addi- Subpart 12.07 [Reserved] tional professional examination. The applicant shall surrender for cancella- Subpart 12.10—Lifeboatman tion the credential bearing the limited endorsement. No physical examination § 12.10–1 Credentials required. will be required at the time of this ex- Every person serving under the au- change unless it is found that the ap- thority of a rating endorsement as plicant obviously suffers from some lifeboatman on any United States ves- physical or mental infirmity to a de- sel requiring lifeboatmen must produce gree that in the opinion of the Officer an MMC or MMD endorsed as in Charge, Marine Inspection, would lifeboatman or able seaman to the

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United States Customs and Border Pro- STCW Regulation VI/2 (incorporated by tection Port Director or his or her rep- reference in § 12.01–3). resentative or master before signing [CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as articles of agreement. No endorsement amended by CGD 95–072, 60 FR 50460, Sept. 29, as lifeboatman is required of any per- 1995; CGD 95–062, 62 FR 34537, June 26, 1997; son employed on any unrigged vessel, USCG-1998–4442, 63 FR 52189, Sept. 30, 1998; except on a seagoing barge and on a USCG-1999–5610, 67 FR 66068, Oct. 30, 2002; USCG-2004–18884, 69 FR 58343, Sept. 30, 2004; tank barge navigating waters other USCG–2006–24371, 74 FR 11256, Mar. 16, 2009] than rivers and/or canals. § 12.10–5 Examination and demonstra- [USCG–2006–24371, 74 FR 11256, Mar. 16, 2009] tion of ability. § 12.10–3 General requirements. (a) Before an applicant is issued an endorsement as a lifeboatman, he or (a) An applicant to be eligible for an she shall prove to the satisfaction of endorsement as lifeboatman must meet the Coast Guard by oral or other means one of the following requirements: of examination, and by actual dem- (1) At least 1 year’s sea service in the onstration, his or her knowledge of sea- deck department, or at least 2 years’ manship and the ability to carry out sea service in the other departments of effectively all the duties that may be ocean, coastwise, Great Lakes, and required of a lifeboatman. The appli- other lakes, bays, or sounds vessels. cant shall demonstrate that he or she: (2) Graduation from a schoolship ap- (1) Has been trained in all the oper- proved by and conducted under rules ations connected with the launching of prescribed by the National Maritime lifeboats and liferafts, and in the use of Center. oars; (3) Satisfactory completion of basic (2) Is acquainted with the practical handling of boats; and training by a Cadet of the United (3) Is capable of taking command of States Merchant Marine Cadet Corps. the boat’s crew. (4) Satisfactory completion of 3 (b) The examination, whether admin- years’ training at the U.S. Naval Acad- istered orally or by other means, must emy or the U.S. Coast Guard Academy be conducted only in the English lan- including two training cruises. guage and must consist of questions re- (5) Satisfactory completion of a garding: course of training approved by the Na- (1) Lifeboats and liferafts, the names tional Maritime Center, or service of their essential parts, and a descrip- aboard a training vessel. tion of the required equipment; (6) Successful completion of a train- (2) The clearing away, swinging out, ing course, approved by the National and lowering of lifeboats and liferafts, Maritime Center, such course to in- the handling of lifeboats under oars clude a minimum of 30 hours’ actual and sails, including questions relative lifeboat training; provided, however, to the proper handling of a boat in a heavy sea; and, that the applicant produces satisfac- (3) The operation and functions of tory evidence of having served a min- commonly used types of davits. imum of 6 months at sea board ocean (c) The practical examination shall or coastwise vessels. consist of a demonstration of the appli- (b) An applicant, to be eligible for an cant’s ability to carry out the orders endorsement as lifeboatman, shall be incident to launching lifeboats, and the able to speak and understand the use of the boat’s sail, and to row. English language as would be required (d) Each applicant for a in the rating of lifeboatman and in an lifeboatman’s endorsement with an emergency aboard ship. STCW endorsement for proficiency in (c) An applicant shall be 18 years old survival craft and rescue boats shall be to be eligible for an endorsement as not less than 18 years old and shall proficient in survival craft under produce satisfactory evidence that he or she meets the requirements of STCW Regulation VI/2 (incorporated by reference in § 12.01–3), paragraph 1, and the

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appropriate provisions of Section A-VI/ § 12.13–1 Documentary evidence re- 2 of the STCW Code (also incorporated quired. by reference in § 12.01–3). Each person designated to provide [CGFR 60–50, 30 FR 16640, Dec. 30, 1965, as medical first aid on board ship, or to amended by CGD 71–161R, 37 FR 28263, Dec. take charge of medical care on board 21, 1972; CGD 94–029, 61 FR 47064, Sept. 6, 1996; ship, shall hold documentary evidence CGD 95–062, 62 FR 34537, June 26, 1997; USCG- attesting that the person has attended 1999–5610, 67 FR 66068, Oct. 30, 2002; USCG– a course of training in medical first aid 2006–24371, 74 FR 11257, Mar. 16, 2009] or medical care, as appropriate. § 12.10–7 General provisions respect- [CGD 95–062, 62 FR 34537, June 26, 1997, as ing an MMC or MMD endorsed as amended by USCG-2004–18884, 69 FR 58343, lifeboatman. Sept. 30, 2004] An MMC or MMD endorsed as able seaman is the equivalent of an endorse- § 12.13–3 Basis of documentary evi- ment as lifeboatman and will be ac- dence. cepted wherever a lifeboatman is re- The Officer in Charge, Marine Inspec- quired by law; provided, however, that, tion will issue such documentary evi- when an able seaman has to be en- dence to the person, or endorse his or dorsed as either proficient in survival her MMC, on being satisfied that the craft and rescue boats or proficient in training required under section 12.13–1 fast rescue boats, he or she shall hold of this section establishes that he or an endorsement under the STCW (in- she meets the standards of competence corporated by reference, see § 12.01–3). set out in STCW Regulation VI/4 and [USCG–2006–24371, 74 FR 11257, Mar. 16, 2009] Section A-VI/4 of the STCW Code. [CGD 95–062, 62 FR 34537, June 26, 1997, as § 12.10–9 Endorsement for proficiency amended by USCG–2006–24371, 74 FR 11257, in fast rescue boats. Mar. 16, 2009] (a) Each person engaged or employed as a lifeboatman proficient in fast res- Subpart 12.15—Qualified Member cue boats must hold an appropriately of the Engine Department endorsed MMC or MMD. (b) To be eligible for an MMC en- § 12.15–1 Credentials required. dorsed for proficiency in fast rescue boats, an applicant must: (a) Every person serving under the (1) Be qualified as a lifeboatman with authority of a rating endorsement as proficiency in survival craft and fast qualified member of the engine depart- rescue boats under this subpart; and ment on any United States vessel re- (2) Furnish satisfactory proof that he quiring qualified members of the en- or she has met the requirements for gine department shall produce an en- training and competence of STCW Reg- dorsement as qualified member of the ulation, VI/2 paragraph 2, and the ap- engine department to the United propriate requirements of Section A- States Customs and Border Protection VI/2 of the STCW Code (incorporated by Port Director or his or her representa- reference in § 12.01–3). tive or master before signing articles of agreement. [CGD 95–062, 62 FR 34537, June 26, 1997, as (b) No endorsement as qualified amended by USCG-1999–5610, 67 FR 66069, Oct. member of the engine department is re- 30, 2002; USCG-2004–18884, 69 FR 58343, Sept. 30, 2004; USCG–2006–24371, 74 FR 11257, Mar. quired of any person employed on any 16, 2009] unrigged vessel, except seagoing barges. Subpart 12.13—Persons Des- [USCG–2006–24371, 74 FR 11257, Mar. 16, 2009] ignated To Provide Medical Care on Board Ship § 12.15–3 General requirements. (a) A qualified member of the engine SOURCE: CGD 95–062, 62 FR 34537, June 26, department is any person below officer 1997, unless otherwise noted. and above the rating of coal passer or

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wiper, who holds an MMC or MMD en- chinery of 750 kW [1,000 hp] propulsion dorsed as qualified member of the en- power or more. gine department issued by the Coast [CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as Guard. amended by CGD 95–062, 62 FR 34538, June 26, (b) For purposes of administering 1997; USCG-2000–7790, 65 FR 58458, Sept. 29, this part the rating of assistant elec- 2000; USCG-1999–5610, 67 FR 66069, Oct. 30, trician is considered a rating equal to 2002; USCG–2006–24371, 74 FR 11257, Mar. 16, coal passer or wiper. 2009] (c) An applicant, to be eligible for an § 12.15–5 Physical and medical re- endorsement as qualified member of quirements. the engine department, shall be able to speak and understand the English lan- The physical and medical require- guage as would be required in the rat- ments for an endorsement as QMED are ing of qualified member of the engine found in § 10.215 of this chapter. department and in an emergency [USCG–2006–24371, 74 FR 11257, Mar. 16, 2009] aboard ship. (d) An STCW endorsement will be § 12.15–7 Service or training require- issued or renewed only when the can- ments. didate for endorsement as a qualified (a) An applicant for an endorsement member of the engine department also as qualified member of the engine de- produces satisfactory evidence, on the partment shall furnish the Coast Guard basis of assessment of a practical dem- proof of qualification based on six onstration of skills and abilities, of months’ service in a rating at least having achieved or maintained within equal to that of wiper or coal passer. the previous 5 years the minimum (b) Training programs approved by standards of competence for the fol- the Commanding Officer, National lowing 4 areas of basic safety: Maritime Center, may be substituted (1) Personal survival techniques as for the required service at sea in ac- set out in table A-VI/1-1 of the STCW cordance with the following: Code (incorporated by reference in (1) A graduate of a school ship may § 12.01–3). qualify for a rating endorsement as (2) Fire prevention and fire-fighting qualified member of the engine depart- as set out in table A-VI/1-2 of the ment upon satisfactory completion of STCW Code. the course of instruction. For this pur- (3) Elementary first aid as set out in pose, school ship is interpreted to mean table A-VI/1-3 of the STCW Code. an institution which offers a complete (4) Personal safety and social respon- course of instruction, including a pe- sibilities as set out in table A-VI/1-4 of riod of sea training, in the skills appro- the STCW Code. priate to the rating of qualified mem- (e) An STCW endorsement will be ber of the engine department. issued or renewed only when the can- (2) Training programs other than didate for endorsement as a qualified those classified as a school ship may be substituted for up to one-half of the re- member of the engine department quired service at sea. meets the standards of competence set out in STCW Regulation III/4 and Sec- (c) To qualify to receive an STCW endorsement for service as a ‘‘rating tion A-III/4 of the STCW Code (incor- forming part of a watch in a manned porated by reference, see § 12.01–3), if engine-room or designated to perform the candidate will be serving as a rat- duties in a periodically unmanned ening forming part of a watch in a gine-room’’ on a seagoing vessel driven manned engine-room, or designated to by main propulsion machinery 750 kW perform duties in a periodically un- [1,000 hp] propulsion power or more, an manned engine-room, on a seagoing applicant shall prove seagoing service ship driven by main propulsion ma- that includes training and experience associated with engine-room watchkeeping and involves the performance of duties carried out under

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the direct supervision of a qualified en- § 12.15–9 Examination requirements. gineer officer or a member of a qualified rating in the engine department. (a) Each applicant for endorsement The training must establish that the as a qualified member of the engine de- applicant has achieved the standard of partment in the rating of oiler, competence prescribed in table A-III/4 watertender, fireman, deck engineer, of the STCW Code (incorporated by ref- refrigeration engineer, junior engineer, erence in § 12.01–3), in accordance with electrician, or machinist shall be ex- the methods of demonstrating com- amined orally or by other means and petence and the criteria for evaluating only in the English language on the competence specified in that table. subjects listed in paragraph (b) of this [CGD 80–131, 45 FR 69241, Oct. 20, 1980, as section. The applicant’s general knowl- amended by CGD 95–072, 60 FR 50460, Sept. 29, edge of the subjects must be sufficient 1995; CGD 95–062, 62 FR 34538, June 26, 1997; to satisfy the examiner that he is CGD 95–062, 62 FR 40140, July 25, 1997; USCG- qualified to perform the duties of the 1998–4442, 63 FR 52189, Sept. 30, 1998; USCG- rating for which he makes application. 1999–5610, 67 FR 66069, Oct. 30, 2002; USCG– (b) List of subjects required: 2006–24371, 74 FR 11257, Mar. 16, 2009]

Re- friger- Junior Deck Subjects Ma- ating Fireman/ Oiler Elec- engi- engi- chinist engi- Watertender trician neer neer neer

1. Application, maintenance, and use of hand tools and measuring instruments...... X X X X X X X 2. Uses of babbitt, copper, brass, steel, and other metals ...... X X X X X X X 3. Methods of measuring pipe, pipe fittings, sheet metal, machine bolts and nuts, packing, etc ...... X X X X X X X 4. Operation and maintenance of mechanical remote control equipment ...... X ...... X X X X X 5. Precautions to be taken for the prevention of fire and the proper use of firefighting equipment ...... X X X X X X X 6. Principles of mechanical refrigeration; and functions, operation, and maintenance of various machines and parts of the systems ...... X ...... X ...... X ...... 7. Knowledge of piping systems as used in ammonia, freon, and CO2, including testing for leaks, operation of bypasses, and making up of joints ...... X ...... X ...... 8. Safety precautions to be observed in the operation of various refrigerating systems, including storage of refrigerants, and the use of gas masks and firefighting equipment ...... X X X X X X X 9. Combustion of fuels, proper temperature, pressures, and atomization ...... X X ...... X ...... 10. Operation of the fuel oil system on oil burning boilers, including the transfer and storage of fuel oil ...... X X ...... X X 11. Hazards involved and the precautions taken against accumulation of oil in furnaces, bilges, floorplates, and tank tops; flarebacks, leaks in fuel oil heaters, clogged strainers and burner tips ...... X X X X X X ...... 12. Precautions necessary when filling empty boilers, starting up the fuel oil burning system, and raising steam from a cold boiler ...... X X ...... X ...... 13. The function, operation, and maintenance of the various engineroom auxiliaries...... X X X X X X ...... 14. Proper operation of the various types of lubricating systems ...... X X X X X X X 15. Safety precautions to be observed in connection with the operation of engineroom auxiliaries, electrical machinery, and switchboard equipment...... X X X X X X X 16. The function, operation, and maintenance of the bilge, ballast, fire, freshwater, sanitary, and lubricating systems ... X X X X ...... X X 17. Proper care of spare machine parts and idle equipment ... X X X X X X X 18. The procedure in preparing a turbine, reciprocating, or Diesel engine for standby; also the procedure in securing ...... X X ...... X ...... 19. Operation and maintenance of the equipment necessary for the supply of water to boilers, the dangers of high and low water and remedial action ...... X X ...... X ...... 20. Operation, location, and maintenance of the various boiler fittings and accessories ...... X ...... X X ...... X ......

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Re- friger- Junior Deck Subjects Ma- ating Fireman/ Oiler Elec- engi- engi- chinist engi- Watertender trician neer neer neer

21. The practical application and solution of basic electrical calculations (Ohm’s law, power formula, etc.) ...... X X X 22. Electrical wiring circuits of the various two-wire and three- wire D.C. systems and the various single-phase and poly- phase A.C. systems ...... X X X 23. Application and characteristics of parallel and series circuits ...... X X X 24. Application and maintenance of electrical meters and instruments ...... X X X 25. The maintenance and installation of lighting and power wiring involving testing for, locating and correcting grounds, short circuits and open circuits, and making splices ...... X X X 26. The operation and maintenance of the various types of generators and motors, both A.C. and D.C ...... X X X 27. Operation, installation, and maintenance of the various types of electrical controls and safety devices ...... X X X 28. Testing and maintenance of special electrical equipment, such as telegraphs, telephones, alarm systems, fire-detecting systems, and rudder angle indicators ...... X X ...... 29. Rules and Regulations and requirements for installation, repair, and maintenance of electrical wiring and equipment installed aboard ships ...... X X X 29a. Pollution laws and regulations, procedures for discharge containment and cleanup, and methods for disposal of sludge and waste from cargo and fueling operations ...... X X X X X X ...... 30. Such further examination of a nonmathematical character as the Officer in Charge, Marine Inspection, may consider necessary to establish the applicant’s proficiency ...... X X X X X X X

(c) Each applicant for an endorse- in any unqualified rating in the engine ment as a qualified member of the en- department without obtaining an addi- gine department in the rating of tional endorsement. This does not pumpman shall, by oral or other exam- mean that an endorsement of one ination, demonstrate sufficient knowl- qualified member of the engine depart- edge of the subjects peculiar to that ment rating authorizes the holder to rating to satisfy the Officer in Charge, serve in all qualified member of the en- Marine Inspection, that he or she is gine department ratings. Each quali- qualified to perform the duties of that fied member of the engine department rating. rating must be a separate endorsement. (d) Applicants for an endorsement as qualified members of the engine de- When, however, the applicant qualifies partment in the rating of deck engine for all ratings covered by an endorse- mechanic or engineman, who have ment as a QMED, the endorsement may proved eligibility for such endorsement read QMED—any rating. The ratings under either § 12.15–13 or § 12.15–15, will are as follows: not be required to take a written or (a) Refrigerating engineer. oral examination for such ratings. (b) Oiler. [CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as (c) Deck engineer. amended by CGFR 66–46, 31 FR 13649, Oct. 22, (d) Fireman/Watertender. 1966; CGD 71–161R, 37 FR 28263, Dec. 21, 1972; (e) Junior engineer. CGD 74–75, 42 FR 24741, May 16, 1977; CGD 94– (f) Electrician. 029, 61 FR 47064, Sept. 6, 1996; USCG–2006– (g) Machinist. 24371, 74 FR 11257, Mar. 16, 2009] (h) Pumpman. § 12.15–11 General provisions respect- (i) Deck engine mechanic. ing an endorsement as qualified (j) Engineman. member of the engine department. [CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as The holder of an endorsement with amended by CGFR 66–46, 31 FR 13649, Oct. 22, one or more qualified members of the 1966; CGD 74–45, 42 FR 24741, May 16, 1977; engine department ratings may serve USCG–2006–24371, 74 FR 11257, Mar. 16, 2009]

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§ 12.15–13 Deck engine mechanic. of a partially automated steam vessel of (a) An applicant for an endorsement 4,000 horsepower or over; or as deck engine mechanic shall be a per- (3) Satisfactory completion of a son holding an MMC or MMD endorsed course of training for engineman ac- as junior engineer. The applicant shall ceptable to the Commanding Officer, be eligible for such certification upon National Maritime Center. furnishing one of the following: (b) The Officer in Charge, Marine In- (1) Satisfactory documentary evi- spection, who is satisfied that an appli- dence of sea service of 6 months in the cant for the rating of engineman meets rating of junior engineer on steam ves- the requirements specified in this sec- sels of 4,000 horsepower or over; or, tion, will endorse this rating on the ap- (2) Documentary evidence from an plicant’s MMC. operator of an automated vessel that (c) Any holder of an MMC or MMD he has completed satisfactorily at least endorsed for any rating in the engine 4 weeks indoctrination and training in department, QMED—any rating or the engine department of an automated deck engine mechanic is qualified as an steam vessel of 4,000 horsepower or engineman and that endorsement will over; or, not be entered on his or her credential. (3) Satisfactory completion of a [CGFR 66–46, 31 FR 13650, Oct. 22, 1966, as course of training for deck engine me- amended by CGD 95–072, 60 FR 50460, Sept. 29, chanic acceptable to the Commanding 1995; CGD 95–028, 62 FR 51196, Sept. 30, 1997; Officer, National Maritime Center. USCG-1998–4442, 63 FR 52189, Sept. 30, 1998; (b) The Officer in Charge, Marine In- USCG–2006–24371, 74 FR 11258, Mar. 16, 2009] spection, who is satisfied that an applicant for the rating of deck engine me- Subpart 12.25—Certificates of chanic meets the requirements speci- Service for Ratings Other Than fied in this section, will endorse this Able Seaman or Qualified rating on the current MMC held by the Member of the Engine De- applicant. (c) Any holder of an MMC or MMD partment endorsed for any unlicensed rating in the § 12.25–1 Credentials required. engine department or QMED—any rating is qualified as a deck engine mechanic Every person employed in a rating and that endorsement will not be en- other than able seaman or qualified tered on his or her credential. member of the engine department of U.S. merchant vessels requiring such [CGFR 66–46, 31 FR 13649, Oct. 22, 1966, as persons shall produce an MMC or MMD amended by CGD 95–072, 60 FR 50460, Sept. 29, with the appropriate endorsement to 1995; CGD 95–028, 62 FR 51196, Sept. 30, 1997; USCG-1998–4442, 63 FR 52189, Sept. 30, 1998; the master, or person in charge if ap- USCG–2006–24371, 74 FR 11258, Mar. 16, 2009] propriate, before signing a shipping articles agreement. § 12.15–15 Engineman. [CGD 95–028, 62 FR 51196, Sept. 30, 1997, as (a) An applicant for an endorsement amended by USCG–2006–24371, 74 FR 11258, as engineman shall be a person holding Mar. 16, 2009] an MMC or MMD document endorsed as fireman/watertender and oiler, or jun- § 12.25–10 General requirements. ior engineer. The applicant shall be eli- (a) Rating endorsements shall be gible for such endorsement upon fur- issued without professional examina- nishing one of the following: tion to applicants in capacities other (1) Satisfactory documentary evi- than able seaman, lifeboatman, dence of sea service of 6 months in any tankerman, or QMED. For example, or- one or combination of junior engineer, dinary seaman, wiper, and steward’s fireman/watertender or oiler on steam department (F.H.) endorsements do not vessels of 4,000 horsepower or over; or, require an exam. Holders of MMCs or (2) Documentary evidence from an MMDs endorsed as ordinary seaman operator of a partially automated steam may serve in any unqualified rating in vessel that he has completed satisfac- the deck department. Holders of MMCs torily at least 2 weeks indoctrination or MMDs endorsed as wiper may serve and training in the engine department in any unqualified rating in the engine

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department. MMCs or MMDs endorsed § 12.25–35 Apprentice engineers. as steward’s department (F.H.) will au- (a) Persons enrolled in an apprentice thorize the holder’s service in any ca- engineer training program approved by pacity in the steward’s department. the Commanding Officer, National (See § 12.02–11(b) of this part for un- Maritime Center, and who present a qualified ratings in the staff depart- letter or other documentary evidence ment.) that they are so enrolled may be issued (b) When the holder of an endorse- an endorsement as apprentice engineer ment is qualified as a food handler, the and may be signed on ships as such. steward’s department endorsement will The endorsement apprentice engineer be followed by the further endorsement may be in addition to other endorse- (F.H.). ments. However, this endorsement of [USCG–2006–24371, 74 FR 11258, Mar. 16, 2009] apprentice engineer does not authorize the holder to fill any of the regular rat- § 12.25–20 Physical and medical re- ings. quirements. (b) Persons holding the endorsement The physical and medical require- apprentice engineer shall be deemed to ments for this subpart are found in be seamen. part 10 of this chapter. [CGFR 66–69, 31 FR 15669, Dec. 13, 1966, as [USCG–2006–24371, 74 FR 11258, Mar. 16, 2009] amended by CGD 95–072, 60 FR 50460, Sept. 29, 1995; CGD 95–028, 62 FR 51196, Sept. 30, 1997; § 12.25–25 Members of Merchant Ma- USCG-1998–4442, 63 FR 52189, Sept. 30, 1998; rine Cadet Corps. USCG–2006–24371, 74 FR 11258, Mar. 16, 2009] No ratings other than cadet (deck) or § 12.25–40 Apprentice mate. cadet (engine), as appropriate, and lifeboatman will be shown on an MMC A person enrolled in an apprentice issued to a member of the U.S. Mer- mate training program approved by the chant Marine Cadet Corps. The MMC Commanding Officer, National Mari- will also indicate that it is valid only time Center who presents a letter or while the holder is a cadet in the U.S. other documentary evidence that he is Maritime Administration training pro- so enrolled may be issued an endorse- gram. The MMC must be surrendered ment as apprentice mate and may be upon the holder being endorsed in any signed on ships as apprentice mate. other rating or upon being issued an of- The endorsement apprentice mate may ficer’s endorsement and the rating of be in addition to other endorsements. cadet (deck) or cadet (engine) will be However, this endorsement as appren- omitted. tice mate does not authorize the holder to fill any of the regular ratings. [USCG–2006–24371, 74 FR 11258, Mar. 16, 2009] [CGD 74–226, 40 FR 33976, Aug. 13, 1975, as § 12.25–30 Student observers. amended by CGD 95–072, 60 FR 50460, Sept. 29, 1995; USCG-1998–4442, 63 FR 52189, Sept. 30, Students in technical schools who 1998; USCG–2006–24371, 74 FR 11258, Mar. 16, are enrolled in courses in marine man- 2009] agement and ship operations who present a letter or other documentary § 12.25–45 GMDSS At-sea Maintainer. evidence that they are so enrolled shall An applicant is eligible to have his or be issued a MMC endorsed as student her STCW endorsement include a state- observers—any department and may be ment of qualification as GMDSS At-sea signed on ships as such. Students hold- Maintainer if he or she holds sufficient ing these endorsements will not take evidence of having completed a train- the place of any of the crew, or fill any ing program that covers at least the of the regular ratings. scope and content of training outlined [CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as in Section B-IV/2 of the STCW Code (in- amended by USCG–2006–24371, 74 FR 11258, corporated by reference in § 12.01–3) for Mar. 16, 2009]

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training in maintenance of GMDSS in- men serving on passenger ships as de- stallations on board vessels. fined in part 10 of this chapter. [CGD 95–062, 62 FR 34538, June 26, 1997, as [USCG-1999–5610, 67 FR 66069, Oct. 30, 2002, as amended by USCG-1999–5610, 67 FR 66069, Oct. amended by USCG–2006–24371, 74 FR 11257, 30, 2002; USCG–2006–24371, 74 FR 11258, Mar. Mar. 16, 2009] 16, 2009] § 12.35–3 [Reserved]

Subpart 12.30—Ro-Ro Passenger § 12.35–5 General requirements. Ships A mariner with no endorsements, may serve on a passenger ship and per- SOURCE: CGD 95–062, 62 FR 34538, June 26, form duties that involve safety or care 1997, unless otherwise noted. for passengers, only after meeting the following conditions— § 12.30–1 Purpose of regulations. (a) Meet the appropriate require- The purpose of the regulations in this ments of the STCW Regulation V/3 and subpart is to establish requirements for of section A-V/3 of the STCW Code (in- endorsements for seamen serving on corporated by reference in § 12.01–3); roll-on/roll-off (Ro-Ro) passenger ships. and (b) Hold documentary evidence to [CGD 95–062, 62 FR 34538, June 26, 1997, as show that the mariner meets these re- amended by CGD 97–057, 62 FR 51042, Sept. 30, 1997; USCG–2006–24371, 74 FR 11258, Mar. 16, quirements through approved or ac- 2009] cepted training. [USCG-1999–5610, 67 FR 66069, Oct. 30, 2002, as § 12.30–3 [Reserved] amended by USCG–2006–24371, 74 FR 11257, Mar. 16, 2009] § 12.30–5 General requirements. To serve on a Ro-Ro passenger ship a Subpart 12.40—-Non-resident person holding an endorsement and Alien Unlicensed Members of performing duties toward safety, cargo- the Steward’s Department on handling, or care for passengers shall U.S. Flag Large Passenger meet the appropriate requirements of Vessels STCW Regulation V/2 and of Section A- V/2 of the STCW Code (incorporated by AUTHORITY: 31 U.S.C. 9701; 46 U.S.C. 2101, reference in § 12.01–3), and hold docu- 2103, 2110, 7301, 7302, 7503, 7505, 7701 and 8103; mentary evidence to show his or her Department of Homeland Security Delega- meeting these requirements. tion No. 0170.1.

[CGD 95–062, 62 FR 34538, June 26, 1997, as SOURCE: USCG–2007–27761, 74 FR 47734, amended by USCG-1999–5610, 67 FR 66069, Oct. Sept. 17, 2009, unless otherwise noted. 30, 2002; USCG–2006–24371, 74 FR 11258, Mar. 16, 2009] § 12.40–1 Purpose of rules. The rules in this subpart implement Subpart 12.35—Crewmembers on 46 U.S.C. 8103(k) by establishing re- a Passenger Ship, Other Than quirements for the issuance of mer- a Ro-Ro Passenger Ship, chant mariner credentials, valid only for service in the steward’s department When on an International of U.S. flag large passenger vessels, to Voyage non-resident aliens.

SOURCE: USCG-1999–5610, 67 FR 66069, Oct. § 12.40–3 [Reserved] 30, 2002, unless otherwise noted. § 12.40–5 General application require- § 12.35–1 Purpose of rules. ments. The rules in this subpart establish re- (a) Unless otherwise expressly speci- quirements for the qualification of sea- fied in this subpart, non-resident alien applicants for Coast Guard-issued merchant mariner credentials are subject

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to all applicable requirements con- information must remain on the last tained in this subchapter. U.S. flag large passenger vessel on (b) No application from a non-resi- which the applicant was employed dent alien for a merchant mariner cre- until such time as the merchant mar- dential issued pursuant to this subpart iner credential is returned to the Coast will be accepted unless the applicant’s Guard in accordance with paragraph (d) employer satisfies all of the require- of this section. ments of § 12.40–7 of this subpart. (c) If a merchant mariner credential or a Transportation Worker Identifica- § 12.40–7 Employer requirements. tion Credential (TWIC) is issued to the (a) The employer must submit the applicant, each merchant mariner cre- following to the Coast Guard, as a part dential and TWIC must be securely of the applicant’s merchant mariner kept by the employer on the U.S. flag credential application, on behalf of the large passenger vessel on which the ap- applicant: plicant is employed. The employer (1) A signed report that contains all must maintain a detailed record of the material disciplinary actions related to seaman’s total service on all author- the applicant, such as, but not limited ized U.S. flag large passenger vessels, to, violence or assault, theft, drug and and must make that information avail- alcohol policy violations, and sexual able to the Coast Guard upon request, harassment, along with an explanation to demonstrate that the limitations of of the criteria used by the employer to § 12.40–13(c) of this subpart have not determine the materiality of those ac- been exceeded. tions; (d) In the event that the seaman’s (2) A signed report regarding an em- merchant mariner credential and/or ployer-conducted background check. TWIC expires, the seaman’s visa status The report must contain: terminates, the seaman serves onboard (i) A statement that the applicant the U.S. flag large passenger vessel(s) has successfully undergone an em- for 36 months in the aggregate as a ployer-conducted background check; nonimmigrant crewman, the employer (ii) A description of the employer- terminates employment of the seaman conducted background check, including or if the seaman otherwise ceases all databases and records searched. The working with the employer, the em- background check must, at a min- ployer must return the merchant mar- imum, show that the employer has re- iner credential to the Coast Guard and viewed all information reasonably and the TWIC to the Transportation Secu- legally available to the owner or man- rity Administration within 10 days of aging operator, including the review of the event. available court and police records in the applicant’s country of citizenship, (e) In addition to the initial material and any other country in which the ap- disciplinary actions report and the ini- plicant has received employment refer- tial employer-conducted background rals, or resided, for the past 20 years check specified in paragraph (a) of this prior to the date of application; and section, the employer must: (iii) All information derived from the (1) Submit an annual material dis- employer-conducted background check. ciplinary actions report to update (3) The employer-conducted back- whether there have been any material ground check must be conducted to the disciplinary actions related to the ap- satisfaction of the Coast Guard for a plicant since the last material discipli- merchant mariner credential to be nary actions report was submitted to issued to the applicant. the Coast Guard. (b) If a merchant mariner credential (i) The annual material disciplinary is issued to the applicant, the report actions report must be submitted to and information required in paragraph the satisfaction of the Coast Guard in (a)(2) of this section must be securely accordance with the same criteria set kept by the employer on the U.S. flag forth in paragraph (a)(1) of this section, large passenger vessel, or U.S. flag except that the period of time exam- large passenger vessels, on which the ined for the material disciplinary ac- applicant is employed. The report and tions report need only extend back to

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the date of the last material discipli- to the satisfaction of both the em- nary actions report; and ployer and the Coast Guard. (ii) The annual material disciplinary (d) Meet the citizenship and identity actions report must be submitted to requirements of § 12.40–11 of this sub- the Coast Guard on or before the anni- part. versary of the issuance date of the merchant mariner credential. § 12.40–11 Citizenship and identity. (2) Conduct a background check each (a) In lieu of the requirements of year that the merchant mariner’s doc- § 10.221 of this subchapter, a non-resi- ument is valid to search for any dent alien may apply for a Coast changes that might have occurred Guard-issued merchant mariner cre- since the last employer-conducted dential, endorsed and valid only for background check was performed: service in the steward’s department of (i) The annual background check a U.S. flag large passenger vessel as de- must be conducted to the satisfaction fined in this subpart, if he or she is au- of the Coast Guard in accordance with thorized for employment under the im- the same criteria set forth in para- migration laws of the United States, graph (a)(2) of this section, except that including an alien crewman described the period of time examined during the in section 101(a)(15)(D)(i) of that Act. annual background check need only ex- (b) To meet the citizenship and iden- tend back to the date of the last back- tity requirements of this subpart, an ground check; and applicant must present an unexpired (ii) All information derived from the passport issued by the government of annual background check must be sub- the country of which the applicant is a mitted to the Coast Guard on or before citizen or subject; and either a valid the anniversary of the issuance date of U.S. C–1 or D visa or other valid evi- the merchant mariner credential. dence of employment authorization in (f) The employer is subject to the the United States deemed acceptable civil penalty provisions specified in 46 by the Coast Guard. (c) Any non-resident alien applying U.S.C. 8103(f) for any violation of this for a merchant mariner credential section. under this subpart may not be a citizen § 12.40–9 Basis for denial. of, or a temporary or permanent resident of, a country designated by the In addition to the requirements for a Department of State as a ‘‘State Spon- merchant mariner credential estab- sor of Terrorism’’ pursuant to section lished elsewhere in this subchapter, 6(j) of the Export Administration Act and the basis for denial established in of 1979 (50 U.S.C. App. 2405(j)) or section §§ 10.209, 10.211, and 10.213 of this sub- 620A of the Foreign Assistance Act of chapter, an applicant for a merchant 1961 (22 U.S.C. 2371). mariner credential issued pursuant to this subpart must: § 12.40–13 Restrictions. (a) Have been employed, for a period (a) A merchant mariner credential of at least one year, on a foreign flag issued to a non-resident alien under passenger vessel(s) that is/are under this subpart authorizes service only in the same common ownership or control the steward’s department of the U.S. as the U.S. flag large passenger ves- flag large passenger vessel(s), that is/ sel(s) on which the applicant will be are under the same common ownership employed upon issuance of a merchant and control as the foreign flag pas- mariner credential under this subpart. senger vessel(s), on which the non-resi- (b) Have no record of material dis- dent alien served to meet the require- ciplinary actions during the employ- ments of § 12.40–9(a) of this subpart: ment required under paragraph (a) of (1) The merchant mariner credential this section, as verified in writing by will be endorsed for service in the stew- the owner or managing operator of the ard’s department in accordance with U.S. flag large passenger vessel(s), on § 12.25–10 of this part; which the applicant will be employed. (2) The merchant mariner credential (c) Have successfully completed an may also be endorsed for service as a employer-conducted background check, food handler if the applicant meets the

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requirements of § 12.25–20 of this part; months actual service on all authorized and U.S. flag large passenger vessels com- (3) No other rating or endorsement is bined under the provisions of this sub- authorized, except lifeboatman, in part: which case all applicable requirements (1) Once this 36-month limitation is of this subchapter and the Inter- reached, the merchant mariner creden- national Convention on Standards of tial becomes invalid and must be re- Training, Certification and turned to the Coast Guard under § 12.40– Watchkeeping for Seafarers, 1978, as 7(d) of this subpart, and the non-resi- amended (STCW Convention), and the dent alien is no longer authorized to Seafarers’ Training, Certification and serve in a position requiring a mer- Watchkeeping Code (STCW Code), must chant mariner credential on any U.S. be met. flag large passenger vessel; and (b) The following restrictions must (2) An individual who successfully ad- be printed on the merchant mariner justs his or her immigration status to credential, or listed in an accom- that of an alien lawfully admitted for panying Coast Guard letter, or both: permanent residence to the United (1) The name and official number of States or who becomes a United States all U.S. flag vessels on which the non- citizen may apply for a merchant mar- resident alien may serve. Service is not iner credential, subject to the require- authorized on any other U.S. flag ves- ments of § 10.221 of this subchapter, sel; without any restrictions or limitations (2) Upon issuance, the merchant mar- imposed by this subpart. iner credential must remain in the custody of the employer at all times; § 12.40–15 Alternative means of compli- (3) Upon termination of employment, ance. the merchant mariner credential must (a) The owner or managing operator be returned to the Coast Guard within of a U.S. flag large passenger vessel, or 10 days in accordance with § 12.40–7 of U.S. flag large passenger vessels, seek- this subpart; ing to employ non-resident aliens (4) A non-resident alien issued a mer- issued merchant mariner credential chant mariner credential under this under this subpart may submit a plan subpart may not perform to the Coast Guard, which, if approved, watchstanding, engine room duty will serve as an alternative means of watch, or vessel navigation functions; complying with the requirements of and this subpart. (5) A non-resident alien issued a mer- (b) The plan must address all of the chant mariner credential under this elements contained in this subpart, as subpart may perform emergency-re- well as the related elements contained lated duties provided: in § 15.530 of this subchapter, to the sat- (i) The emergency-related duties do isfaction of the Coast Guard. not require any other rating or endorsement, except lifeboatman as spec- PART 13—CERTIFICATION OF ified in paragraph (a)(3) of this section; (ii) The non-resident alien has com- TANKERMEN pleted familiarization and basic safety Subpart A—General training as required in § 15.1105 of this subchapter; Sec. (iii) That if the non-resident alien 13.101 Purpose. serves as a lifeboatman, he or she must 13.103 [Reserved] have the necessary lifeboatman’s en- 13.105 Paperwork approval. dorsement; and 13.106 Requirement to hold an MMC. (iv) The non-resident alien has com- 13.107 Tankerman endorsement: General. pleted the training for crewmembers on 13.109 Tankerman endorsement: Authorized cargoes. passenger ships performing duties in- 13.111 Restricted tankerman endorsement. volving safety or care for passengers, 13.113–13.117 [Reserved] as required in subpart 12.35 of this part. 13.119 Expiration of endorsement. (c) A non-resident alien may only 13.120 Renewal of tankerman endorsement. serve for an aggregate period of 36 13.121 Courses for tankerman endorsements.

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13.123 Recency of service or experience for ‘‘Tankerman-Engineer’’ on a merchant original tankerman endorsement. mariner credential. 13.125 Physical and medical requirements. 13.127 Service: General. [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as 13.129 Quick-reference table for tankerman amended by USCG–2006–24371, 74 FR 11259, endorsements. Mar. 16, 2009]

Subpart B—Requirements for ‘‘Tankerman- § 13.103 [Reserved] PIC’’ Endorsement § 13.105 Paperwork approval. 13.201 Original application for ‘‘Tankerman- PIC’’ endorsement. (a) This section lists the control 13.203 Eligibility: Experience. numbers assigned by the Office of Man- 13.205 Proof of service for ‘‘Tankerman- agement and Budget (OMB) under the PIC’’ endorsement. Paperwork Reduction Act of 1980 [Pub. 13.207 Eligibility: Firefighting course. L. 96–511] for the reporting and record- 13.209 Eligibility: Cargo course. keeping requirements in this part. Subpart C—Requirements for ‘‘Tankerman- (b) OMB has assigned the following PIC (Barge)’’ Endorsement control numbers to the sections indicated: 13.301 Original application for ‘‘Tankerman- (1) OMB 1625–0040—46 CFR 13.113, PIC (Barge)’’ endorsement. 13.115, 13.117, 13.201, 13.203, 13.205, 13.301, 13.303 Eligibility: Experience. 13.303, 13.305, 13.401, 13.403, 13.405, 13.501, 13.305 Proof of service for ‘‘Tankerman-PIC 13.503, 13.505. (Barge)’’ endorsement. 13.307 Eligibility: Firefighting course. (2) OMB 1625–0028—46 CFR 13.121, 13.309 Eligibility: Cargo course. 13.207, 13.209, 13.307, 13.309, 13.407, 13.409, 13.507, 13.509. Subpart D—Requirements for ‘‘Tankerman- Assistant’’ Endorsement [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as amended by USCG-2004–18884, 69 FR 58343, 13.401 Original application for ‘‘Tankerman- Sept. 30, 2004] Assistant’’ endorsement. 13.403 Eligibility: Experience. § 13.106 Requirement to hold an MMC. 13.405 Proof of service for ‘‘Tankerman-As- An applicant for any endorsement in sistant’’ endorsement. this part must also meet the require- 13.407 Eligibility: Firefighting course. 13.409 Eligibility: Cargo course. ments for the MMC on which the endorsement would appear. These re- Subpart E—Requirements for ‘‘Tankerman- quirements are set out in part 10 of Engineer’’ Endorsement this chapter. 13.501 Original application for ‘‘Tankerman- [USCG–2006–24371, 74 FR 11259, Mar. 16, 2009] Engineer’’ endorsement. 13.503 Eligibility: Experience. § 13.107 Tankerman endorsement: Gen- 13.505 Proof of service for ‘‘Tankerman-En- eral. gineer’’ endorsement. (a) If an applicant meets the require- 13.507 Eligibility: Firefighting course. 13.509 Eligibility: Cargo course. ments of subpart B of this part, the OCMI at an REC may endorse his or AUTHORITY: 46 U.S.C. 3703, 7317, 8105, 8703, her MMC as ‘‘Tankerman-PIC’’ with 9102; Department of Homeland Security Dele- the appropriate cargo classification or gation No. 0170.1. classifications. A person holding this SOURCE: CGD 79–116, 60 FR 17142, Apr. 4, endorsement and meeting the other re- 1995, unless otherwise noted. quirements of 33 CFR 155.710(a) may act as a PIC of a transfer of fuel oil, of Subpart A—General a transfer of liquid cargo in bulk, or of cargo-tank cleaning on any tank ves- § 13.101 Purpose. sel. That person may also act as a This part describes the various Tankerman-Engineer, provided that he tankerman endorsements issued by the or she also holds an engineer license or Coast Guard and prescribes the require- engineer endorsement. ments for obtaining an endorsement as (b) If an applicant meets the require- a ‘‘Tankerman-PIC,’’ ‘‘Tankerman-PIC ments of subpart C of this part, the (Barge),’’ ‘‘Tankerman-Assistant,’’ or OCMI at an REC may endorse his or

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her MMC as ‘‘Tankerman-PIC (Barge)’’ ‘‘restricted Tankerman endorsement’’ with the appropriate cargo classifica- in § 10.107. tion or classifications. A person hold- (f) A tankerman wishing to obtain an ing this endorsement and meeting the endorsement that he or she does not other requirements of 33 CFR 155.710(b) hold shall apply at an REC referenced may act as a PIC of a transfer of liquid in § 10.217 of this title. If he or she cargo in bulk only on a tank barge. meets all requirements for the new en- (c) If an applicant meets the require- dorsement, the REC may issue a new ments of subpart D of this part, the MMC including the endorsement. OCMI at an REC may endorse his or (g) This section does not apply to any her MMC as ‘‘Tankerman-Assistant’’ person solely by reason of his or her in- with the appropriate cargo classifica- volvement in bunkering or fueling. tion or classifications. No person hold- [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as ing this endorsement may act as a PIC amended by CGD 79–116, 62 FR 25127, May 8, of any transfer of fuel oil, of any trans- 1997; USCG–2008–0906, 73 FR 56508, Sept. 29, fer of liquid cargo in bulk, or of cargo- 2008; USCG–2006–24371, 74 FR 11259, Mar. 16, tank cleaning unless he or she also 2009] holds an endorsement authorizing service as PIC. He or she may, however, § 13.109 Tankerman endorsement: Au- without being directly supervised by thorized cargoes. the PIC, perform duties relative to (a) Each tankerman endorsement de- cargo and cargo-handling equipment scribed in § 13.107 will expressly limit assigned by the PIC of transfers of fuel the holder’s service under it to trans- oil, of transfers of liquid cargo in bulk, fers involving one or both of the fol- or of cargo-tank cleaning. When per- lowing cargo classifications: forming these duties, he or she shall (1) Dangerous liquid (DL). maintain continuous two-way voice (2) Liquefied gas (LG). communications with the PIC. (b) No tankerman endorsement is (d) If an applicant meets the require- necessary to transfer the liquid cargoes ments of subpart E of this part, the in bulk listed in Table 2 of Part 153 of OCMI at an REC may endorse his or this chapter when those cargoes are her MMC as ‘‘Tankerman-Engineer’’. carried on barges not certified for No person holding this endorsement ocean service. may act as a PIC or ‘‘Tankerman-As- (c) A tankerman having qualified in sistant’’ of any transfer of fuel oil, of one cargo classification and wishing to any transfer of liquid cargo in bulk, or qualify in another shall apply at an of cargo-tank cleaning unless he or she REC referenced in § 10.217 of this chap- also holds an endorsement authorizing ter. If he or she meets all requirements such service. A person holding this en- for the other, the REC may issue a new dorsement and acting in this capacity MMC including the endorsement. has the primary responsibility, on his [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as or her self-propelled tank vessel car- amended by USCG–2008–0906, 73 FR 56508, rying DL or LG, for maintaining both Sept. 29, 2008; USCG–2006–24371, 74 FR 11259, the cargo systems and equipment for Mar. 16, 2009] transfer of liquids in bulk and the bunkering systems and equipment. No per- § 13.111 Restricted tankerman en- son licensed or credentialed under part dorsement. 11 of this chapter may serve as a chief (a) An applicant may apply at an engineer, first assistant engineer, or REC listed in § 10.217 of this chapter for cargo engineer aboard an inspected a tankerman endorsement restricted to self-propelled tank vessel when liquid specific cargoes, specific vessels or cargo in bulk or cargo residue is car- groups of vessels (such as uninspected ried unless he or she holds this en- towing vessels and Oil Spill Response dorsement or equivalent. Vessels), specific facilities, specific em- (e) If an applicant meets the require- ployers, or otherwise as the OCMI ments of § 13.111, the OCMI at an REC deems appropriate. The OCMI will may place on his or her MMC an en- evaluate each application and may dorsement as a ‘‘Tankerman-PIC’’ re- modify the applicable requirements for stricted according to the definitions of the endorsement, allowing for special

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circumstances and for whichever re- cation and Watchkeeping for Seafarers, strictions the endorsement will state. 1978, as amended (STCW), does not rec- (b) To qualify for a restricted ognize restricted Tankerman-PIC en- ‘‘Tankerman-PIC’’ endorsement, an ap- dorsements, persons may act under plicant shall meet §§ 13.201, excluding these only aboard vessels conducting paragraph (f); 13.203; and 13.205. business inside the Boundary Line. (1) Twenty-five percent of the service [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as described in § 13.203(a) must have oc- amended by CGD 79–116, 62 FR 25128, May 8, curred within the past five years. 1997; USCG–2006–24371, 74 FR 11259, Mar. 16, (2) Two of the transfers described in 2009] § 13.203(b) must have occurred within the past five years. §§ 13.113–13.117 [Reserved] (c) To qualify for a restricted ‘‘Tankerman-PIC (Barge)’’ endorse- § 13.119 Expiration of endorsement. ment, an applicant shall meet §§ 13.301, An endorsement as tankerman is excluding paragraph (f); and 13.305. valid for the duration of the merchant (1) Twenty-five percent of the service mariner’s document or merchant mar- described in § 13.303(a) must have oc- iner credential on which the endorse- curred within the past five years. ment appears. (2) Two of the transfers described in [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as § 13.303(b) must have occurred within amended by USCG–2006–24371, 74 FR 11259, the past five years. Mar. 16, 2009] (d) To qualify for a restricted ‘‘Tankerman-PIC (Barge)’’ endorse- § 13.120 Renewal of tankerman en- ment restricted to a tank-cleaning and dorsement. gas-freeing facility, an applicant An applicant wishing to renew a shall— tankerman’s endorsement shall meet (1) Be at least 18 years old; the requirements of § 10.227 of this (2) Apply on a Coast Guard form; chapter for renewing an MMC and (3) Present evidence of passing a prove either participation in at least physical and medical examination ac- two transfers within the last 5 years in cording to § 10.215 of this chapter; accordance with § 13.127(b) or comple- (4) Present evidence in the form of a tion of an approved course as described letter on company letterhead from the in § 10.304. operator of the facility stating that [CGD 79–116, 62 FR 25130, May 8, 1997, as OSHA considers the applicant a ‘‘com- amended by USCG–2006–24371, 74 FR 11259, petent person’’ for the facility and that Mar. 16, 2009] the applicant has the knowledge necessary to supervise tank-cleaning and § 13.121 Courses for tankerman en- gas-freeing; and dorsements. (5) Be capable of speaking and under- (a) This section prescribes the re- standing, in English, all instructions quirements, beyond those in §§ 11.302 needed to commence, conduct, and and 11.304 of this chapter, applicable to complete a transfer of cargo, and of schools offering courses required for a reading the English found in the Dec- tankerman endorsement and courses laration of Inspection, vessel response that are a substitute for experience plans, and Cargo Information Cards. with transfers of liquid cargo in bulk (e) The restricted ‘‘Tankerman-PIC required for the endorsement. (Barge)’’ endorsement restricted to a (b) Upon satisfactory completion of tank-cleaning and gas-freeing facility an approved course, each student shall is valid only while the applicant is em- receive a certificate, signed by the ployed by the operator of the facility head of the school offering the course that provided the letter of service re- or by a designated representative, indi- quired by paragraph (d)(4) of this sec- cating the title of the course, the duration, and this and any other appro- tion, and, if appropriate, credit allowed priate restrictions will appear in the towards meeting the transfer require- endorsement. ments of this part. (f) Because the International Conven- (c) A course that uses simulated tion on Standards of Training, Certifi- transfers to train students in loading

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and discharging tank vessels may re- room instruction, demonstrations, or place up to 2 loadings and 2 discharges, simulated or actual operations. 1 commencement and 1 completion of (1) The curricula of courses for Fa- loading, and 1 commencement and 1 miliarization with DL Tankships must completion of discharge required for a consist of the following: Tankerman-PIC or Tankerman-PIC (i) General characteristics, compat- (Barge) endorsement. The request for ibility, reaction, firefighting, and safe- approval of the course must specify ty precautions for bulk liquid cargoes those segments of a transfer that the defined as DL in this part. course will simulate. The letter from (ii) Terminology of tankships car- the Coast Guard approving the course rying oil and other chemicals. will state the number and kind of seg- (iii) General arrangement and con- ments that the course will replace. struction of cargo tanks, vapor control, (d) The course in liquid cargo re- and venting. quired for an endorsement as— (iv) Cargo-piping systems and valves. (1) ‘‘Tankerman-PIC DL’’ is Tank- (v) General operation of cargo pumps. ship: Dangerous Liquids; (vi) General discussion of the fol- (2) ‘‘Tankerman-PIC (Barge) DL’’ is lowing operations connected with the Tank Barge: Dangerous Liquids; loading and discharging of cargo: (3) ‘‘Tankerman-PIC LG’’ is Tank- (A) Pre-transfer inspection and con- ship: Liquefied Gases; ference and Declaration of Inspection. (4) ‘‘Tankerman-PIC (Barge) LG’’ is (B) Lining up of the cargo and vapor- Tank Barge: Liquefied Gases; control systems and starting of liquid (5) ‘‘Tankerman-Assistant DL’’ is Fa- flow. miliarization with DL Tankship; and (C) Connecting and disconnecting of (6) ‘‘Tankerman-Assistant LG’’ is Fa- cargo hoses and loading arms. miliarization with LG Tankship. (D) Loading. (e) The course in firefighting re- (E) Ballasting and de-ballasting. quired for an endorsement as— (F) Discharging. (1) ‘‘Tankerman-PIC (Barge)’’ is Tank (G) Tank-gauging (open and closed). Barge: Firefighting; and (vii) Rules of the Coast Guard gov- (2) ‘‘Tankerman-PIC’’, ‘‘Tankerman- erning operations in general and pre- Assistant’’, and ‘‘Tankerman-Engi- vention of pollution in particular. neer’’ is a firefighting course that (viii) Prevention and control of pollu- meets the basic firefighting section of tion. the IMO’s Resolution A.437 (XI), (ix) Emergency procedures. ‘‘Training of Crews in Fire Fighting’’. (x) Safety precautions relative to: (f) No school may issue a certificate (A) Entering cargo tanks and pump unless the student has successfully room. completed an approved course with the (B) Dangers of contact with skin. appropriate curriculum outlined in (C) Inhalation of vapors. Table 13.121(f) or § 13.121(h). (D) Protective clothing and equip- (g) An organization with a course in ment. DL or LG or a course in tank-barge (E) Hot work. firefighting taught before March 31, (F) Precautions respecting electrical 1996, that substantially covered the hazards, including hazards of static material required by Table 13.121(f) for electricity. liquid cargoes, Table 13.121(g) for fire- (xi) General principles and proce- fighting, or § 13.121(h) for familiariza- dures of Crude-Oil Washing (COW) Sys- tion with tankships, may seek approval tems and inert-gas systems. under § 10.302 of this chapter from the (xii) Tank-cleaning procedures and Coast Guard for any course taught up precautions. to ten years before March 31, 1996. (xiii) Principles and procedures of (h) The Coast Guard will evaluate the vapor-control systems. curricula of courses for Familiariza- (xiv) Cargo-hazard-information sys- tion with DL and LG Tankships to en- tems. sure adequate coverage of the required (2) To ensure adequate coverage of subjects. Training may employ class- the required subjects, training may

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employ classroom instruction, dem- (C) Connecting and disconnecting of onstrations, or simulated or actual op- cargo hoses and loading arms. erations. The curricula of courses for (D) Loading. Familiarization with LG Tankships (E) Ballasting and de-ballasting. must consist of the following: (F) Discharging. (i) General characteristics, compat- (xi) Disposal of boil-off. ibility, reaction, firefighting, and safe- (xii) Emergency procedures. ty precautions for cargoes defined as (xiii) Rules of the Coast Guard gov- LG in this part. erning operations in general and pre- (ii) Terminology of tankships car- vention of pollution in particular. rying LG. (xiv) Principles and procedures of (iii) Physical properties of LG. IGSs. (iv) Potential hazards and safety pre- (xv) Tank-cleaning procedures and cautions of LG: (A) Combustion characteristics. precautions. (B) Hot work. (xvi) Principles and procedures of (C) Results of release of LG to the at- vapor-control systems. mosphere. (xvii) Cargo-hazard-information sys- (D) Health hazards (skin contact, in- tems. halation, and ingestion). (i) A company that offers approved (E) Protective clothing and equip- DL training for its employees shall en- ment. sure discussion of the following topics (F) Tank-entry procedures and pre- (further discussed in STCW Regulation cautions. V, Section A-V/1, paragraphs 9 through (G) Thermal stresses. 21): (H) Precautions respecting electrical (1) Treaties and rules. hazards, including hazards of static (2) Design and equipment. electricity. (3) Cargo characteristics. (v) Cargo-containment systems. (4) Ship operations. (vi) General arrangement and con- (5) Repair and maintenance. struction of cargo tanks. (6) Emergency procedures. (vii) Cargo-piping systems and (j) A company that offers approved valves. LG training for its employees shall en- (viii) Instrumentation: sure discussion of the following topics (A) Cargo-level indicators. (further discussed in STCW Regulation (B) Gas-detecting systems. V, Section A-V/1, paragraphs 22 (C) Systems for monitoring tempera- through 34): tures of hulls and cargoes. (1) Treaties and rules. (D) Automatic shut-down systems. (2) Chemistry and physics. (ix) Heating systems for cofferdams and ballast tanks. (3) Health hazards. (x) General discussion of the fol- (4) Cargo containment. lowing operations connected with the (5) Pollution. loading and discharging of cargo: (6) Cargo-handling systems. (A) Pre-transfer inspection and con- (7) Ship operations. ference and Declaration of Inspection. (8) Safety practices and equipment. (B) Lining up of the cargo and vapor- (9) Emergency procedures. control systems and starting of liquid (10) General principles of cargo oper- flow. ations.

TABLE 13.121(f)

Course topics 1 2 3 4

General characteristics, compatibility, reaction, firefighting procedures, and safety precautions for the cargoes of: Bulk liquids defined as Dangerous Liquids in 46 CFR Part 13 ...... x x Bulk liquefied gases & their vapors defined as Liquefied Gases in 46 CFR Part 13 .... x x Physical phenomena of liquefied gas, including: Basic concept ...... x x Compression and expansion ...... x x Mechanism of heat transfer ...... x x

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TABLE 13.121(f)—Continued

Course topics 1 2 3 4

Potential hazards of liquefied gas, including: Chemical and physical properties ...... x x Combustion characteristics ...... x x Results of gas release to the atmosphere ...... x x Health hazards (skin contact, inhalation, and ingestion) ...... x x Control of flammability range with inert gas ...... x x Thermal stress in structure and piping of vessel ...... x x Cargo systems, including: Principles of containment systems ...... x x x x Construction, materials, coating, & insulation of cargo tanks ...... x x General arrangement of cargo tanks ...... x x x x Venting and vapor-control systems ...... x x x x Cargo-handling systems, including: Piping systems, valves, pumps, and expansion systems ...... x x x x Operating characteristics...... x x x x Instrumentation systems, including: Cargo-level indicators ...... x x x x Gas-detecting systems ...... x x x Temperature-monitoring systems, cargo ...... x x x Temperature-monitoring systems, hull ...... x x Automatic-shutdown systems ...... x x x Auxiliary systems, including: Ventilation, inerting ...... x x x x Valves, including: Quick-closing ...... x x x x Remote-control ...... x x x x Pneumatic ...... x x x x Excess-flow ...... x x x x Safety-relief ...... x x x x Pressure-vacuum ...... x x x x Heating-systems: cofferdams & ballast tanks ...... x x Operations connected with the loading and discharging of cargo, including: Lining up the cargo and vapor-control systems ...... x x x x Pre-transfer inspections and completion of the Declaration of Inspection ...... x x x x Hooking up of cargo hose, loading arms, and grounding-strap ...... x x x x Starting of liquid flow ...... x x x x Calculation of loading rates ...... x x Discussion of loading ...... x x x x Ballasting and deballasting...... x x x x Topping off of the cargo tanks ...... x x x x Discussion of discharging...... x x x x Stripping of the cargo tanks ...... x x Monitoring of transfers ...... x x x x Gauging of cargo tanks ...... x x x x Disconnecting of cargo hoses or loading arms ...... x x x x Cargo-tank-cleaning procedures and precautions ...... x x Operating procedures and sequence for: Inerting of cargo tanks and void spaces ...... x x x x Cooldown and warmup of cargo tanks ...... x x Gas-freeing ...... x x x x Loaded or ballasted voyages ...... x x Testing of cargo-tank atmospheres for oxygen & cargo vapor ...... x x x x Stability and stress considerations connected with loading and discharging of cargo ...... x x x x Loadline, draft, and trim ...... x x x x Disposal of boil-off, including: System design ...... x x Safety features ...... x x Stability-letter requirements ...... x x Emergency procedures, including notice to appropriate authorities, for: Fire ...... x x x x Collision ...... x x x x Grounding ...... x x x x Equipment failure ...... x x x x Leaks and spills ...... x x x Structural failure ...... x x x x Emergency discharge of cargo ...... x x x x Entering cargo tanks ...... x x x x Emergency shutdown of cargo-handling ...... x x x x Emergency systems for closing cargo tanks ...... x x Rules & regulations (international and Federal, for all tank vessels) on conducting operations and preventing pollution ...... x x x x Pollution prevention, including: Procedures to prevent air and water pollution ...... x x x x

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TABLE 13.121(f)—Continued

Course topics 1 2 3 4

Measures to take in event of spillage ...... x x x x Danger from drift of vapor cloud ...... x x x x Terminology for tankships carrying oil and chemicals ...... x Terminology for tank barges carrying oil and chemicals ...... x Terminology for tankships carrying liquefied gases ...... x Terminology for tank barges carrying liquefied gases ...... x Principles & procedures of crude-oil-washing (COW) systems, including: Purpose ...... x Equipment and design ...... x Operations ...... x Safety precautions ...... x Maintenance of plant and equipment ...... x Principles & procedures of the inert-gas systems (IGSs), including: Purpose ...... x x Equipment and design ...... x x Operations ...... x x Safety precautions ...... x x Maintenance of plant and equipment ...... x x Principles & procedures of vapor-control systems, including: Purpose ...... x x x x Principles ...... x x x x Coast Guard regulations...... x x x x Hazards ...... x x x x Active system components...... x x x x Passive system components...... x x x x Operating procedures, including: Testing and inspection requirements ...... x x x x Pre-transfer procedures...... x x x x Connecting sequence...... x x x x Start-up sequence ...... x x x x Normal operations ...... x x x x Emergency procedures ...... x x x x Cargo-hazard-information systems ...... x x x x Safe entry into confined spaces, including: Testing tank atmospheres for oxygen & hydrocarbon vapors ...... x x Definition and hazards of confined spaces ...... x x x x Cargo tanks and pumprooms ...... x x x x Evaluation and assessment of risks and hazards ...... x x x x Safety precautions and procedures ...... x x x x Personnel protective equipment (PPE) and clothing ...... x x x x Maintenance of PPE ...... x x x x Dangers of skin contact ...... x x x x Inhalation of vapors ...... x x Electricity and static electricity—hazards and precautions ...... x x x x Emergency procedures...... x x x x Federal regulations, national standards & industry guidelines ...... x x x x Inspections by marine chemists & competent persons, including hot-work permits & procedures ...... x x x x Vessel response plans: Purpose, content, and location of information ...... x x x x Procedures for notice and mitigation of spills ...... x x x x Geographic-specific appendices...... x x x x Vessel-specific appendices...... x x x x Emergency-action checklist...... x x x x Column 1—Tankerman-PIC DL. Column 2—Tankerman-PIC (Barge) DL. Column 3—Tankerman-PIC LG. Column 4—Tankerman-PIC (Barge) LG.

TABLE 13.121(g)

Course topics 1 2

Elements of fire (Fire triangle): Fuel ...... X X Source of ignition ...... X X Oxygen ...... X X Ignition sources (general): Chemical ...... X Biological ...... X Physical ...... X Ignition sources applicable to barges ...... X ......

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TABLE 13.121(g)—Continued

Course topics 1 2

Definitions of flammability and combustibility: Flammability ...... X X Ignition point ...... X X Burning temperature ...... X X Burning speed ...... X Thermal value ...... X Lower flammable limit ...... X X Upper flammable limit ...... X X Flammable range ...... X X Inerting ...... X Static electricity ...... X X Flash point ...... X X Auto-ignition ...... X X Spread of fire: By radiation ...... X X By convection ...... X X By conduction ...... X X Reactivity ...... X X Fire classifications and applicable extinguishing agents ...... X X Main causes of fires: Oil leakage ...... X X Smoking ...... X X Overheating pumps ...... X X Galley appliances ...... X Spontaneous ignition ...... X X Hot work ...... X X Electrical apparatus ...... X Reaction, self-heating, and auto-ignition ...... X Fire prevention: General ...... X X Fire hazards of DL and LG ...... X X Fire detection: Fire- and smoke-detection systems ...... X Automatic fire alarms ...... X Firefighting equipment: Fire mains, hydrants ...... X International shore-connection ...... X Smothering-installations, carbon dioxide (CO2), foam...... X Halogenated hydrocarbons ...... X Pressure-water spray system in special-category spaces ...... X Automatic sprinkler system ...... X Emergency fire pump, emergency generator ...... X Chemical-powder applicants ...... X General outline of required and mobile apparatus ...... X Fireman’s outfit, personal equipment ...... X Breathing apparatus ...... X Resuscitation apparatus ...... X Smoke helmet or mask ...... X Fireproof life-line and harness ...... X Fire hose, nozzles, connections, and fire axes ...... X Fire blankets ...... X Portable fire extinguishers ...... X X Limitations of portable and semiportable extinguishers ...... X X Emergency procedures: Arrangements: Escape routes ...... X X Means of gas-freeing tanks ...... X X Class A, B, and C divisions ...... X Inert-gas system ...... X Ship firefighting organization: General alarms ...... X Fire-control plans, muster stations, and duties ...... X Communications ...... X Periodic shipboard drills ...... X Patrol system ...... X Basic firefighting techniques: Sounding alarm ...... X X Locating and isolating fires ...... X X Stopping leakage of cargo ...... X X Jettisoning ...... X Inhibiting ...... X Cooling ...... X

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TABLE 13.121(g)—Continued

Course topics 1 2

Smothering ...... X Sizing up situation ...... X ...... Locating information on cargo ...... X ...... Extinguishing ...... X X Extinguishing with portable units ...... X X Setting reflash watch ...... X X Using additional personnel ...... X X Firefighting extinguishing-agents: Water (solid jet, spray, fog, and flooding) ...... X Foam (high, medium and low expansion) ...... X Carbon dioxide (CO2) ...... X X Halon ...... X Aqueous-film-forming foam (AFFF) ...... X Dry chemicals ...... X X Use of extinguisher on: Flammable and combustible liquids ...... X X Manifold-flange fire ...... X X Drip-pan fire ...... X X Pump fire ...... X X Drills for typical fires on barges ...... X ...... Field exercises: Extinguish small fires using portable extinguishers: Electrical ...... X X Manifold-flange ...... X X Drip-pan ...... X X Pump ...... X X Use self-contained breathing apparatus ...... X Extinguish extensive fires with water ...... X Extinguish fires with foam, or chemical ...... X Fight fire in smoke-filled enclosed space wearing SCBA ...... X Extinguish fire with water fog in an enclosed space with heavy smoke ...... X Extinguish oil fire with fog applicator and spray nozzles, dry-chemical, or foam applicators ...... X Effect a rescue in a smoke-filled space while wearing breathing apparatus ...... X (1) Course in tank-barge firefighting. (2) From the basic firefighting section of the IMO’s Resolution A.437 (XI), ‘‘Training of Crews in Fire Fighting’’.

[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79–116, 62 FR 25130, 25131, 25133, May 8, 1997; USCG–2006–24371, 74 FR 11259, Mar. 16, 2009]

§ 13.123 Recency of service or experi- § 13.127 Service: General. ence for original tankerman en- (a) A service letter must be signed by dorsement. the owner, operator, master, or chief An applicant for an original engineer of the vessel and must speci- tankerman endorsement in subpart B, fy— C, D, or E of this part shall have ob- (1) The classification of cargo (DL, tained at least 25% of the qualifying LG, or, for a restricted endorsement, a service and, if the endorsement re- specific product) handled while the ap- quires transfers, at least two of the plicant accumulated the service; qualifying transfers, within five years (2) The dates, the number and kinds of the date of application. of transfers the applicant has participated in, and the number of transfers § 13.125 Physical and medical require- that involved commencement or comments. pletion; and Each applicant for an original (3) That the applicant has dem- tankerman endorsement shall meet the onstrated to the satisfaction of the physical requirements of § 10.215 of this signer that he or she is fully capable of chapter, excluding paragraph (d)(2) of supervising transfers of liquid cargo, that section. including [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as (i) Pre-transfer inspection; amended by USCG–2006–24371, 74 FR 11259, (ii) Pre-transfer conference and exe- Mar. 16, 2009] cution of the Declaration of Inspection;

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(iii) Connection of cargo hoses or transfer or the completion of transfer loading-arms; and the disconnection. (iv) Line-up of the cargo system for (6) Credit for a commencement of loading and discharge; loading accrues only if the applicant (v) Start of liquid flow during load- participates in the pre-transfer inspec- ing; tion, the pre-transfer conference in- (vi) Start of cargo pump and increase cluding execution of the Declaration of of pressure to normal discharge pres- Inspection, the connection of cargo sure; hoses or loading-arms, the line-up of (vii) Calculation of loading-rates; the cargo system for the loading, the (viii) Monitoring; start of liquid flow, and the calculation (ix) Topping-off of cargo tanks during of loading-rates, where applicable. loading; (7) Credit for a commencement of dis- (x) Stripping of cargo tanks; charge accrues only if the applicant (xi) Ballasting and deballasting, if participates in the pre-transfer inspec- appropriate; tion, the pre-transfer conference in- (xii) Disconnection of the cargo hoses cluding execution of the Declaration of or loading-arms; and Inspection, the connection of cargo (xiii) Securing of cargo systems. hoses or loading-arms, the line-up of (b) In determining the numbers and the cargo system for the discharge, the kinds of transfers that the applicant start of the cargo pump or pumps and has participated in under paragraph increase of pressure to normal pressure (a)(2) of this section, the following for discharge, and the monitoring of rules apply: discharge rates. (1) A transfer must involve the load- (8) Credit for a completion of trans- ing or discharge from at least one of fer, whether loading or discharge, ac- the vessel’s cargo tanks to or from a crues only if the applicant participates shore facility or another vessel. A shift in the topping-off at the loading port, of cargo from one tank to another tank or in the stripping of cargo tanks and is not a transfer for this purpose. (2) Regardless of how long the trans- the commencement of ballasting, if refer lasts beyond four hours, it counts as quired by the vessel’s transfer proce- only one transfer. dures, at the discharge port. (3) A transfer must include both a (9) Personnel desiring credit for commencement and a completion. transfers during off-duty hours may (4) Regardless of how many tanks or satisfy requirements of competence products are being loaded or discharged through incremental training periods at the same time, a person may receive that include segments of transfers. The credit for only one transfer, one load- cumulative number of transfers must ing, and one discharge a watch. equal the minimum specified in (5) Credit for a transfer during a § 13.203(b) or 13.303(b). watch of less than four hours accrues [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as only if the watch includes either the amended by CGD 79–116, 62 FR 25133, May 8, connection and the commencement of 1997]

§ 13.129 Quick-reference table for tankerman endorsements. Table 13.129 provides a guide to the requirements for various tankerman endorsements. Provisions in the reference sections are controlling.

TABLE 13.129

Certificate from fire- Category Minimum Physical Service Recency Proof of fighting Cargo English age required of service of service course course language 13.207

Tankerman- 18; 13.201(a) ... Yes; 10.215 13.203 13.123 13.205 13.207 13.209 13.201(g) PIC Subpart B.

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TABLE 13.129—Continued

Certificate from fire- Category Minimum Physical Service Recency Proof of fighting Cargo English age required of service of service course course language 13.207

Tankerman- 18; 13.301(a) ... Yes; 10.215 13.303 13.123 13.305 13.307 13.309 13.301(g) PIC (Barge) Subpart C. Tankerman- 18; 13.401(a) ... Yes; 10.215 13.403 13.123 13.405 13.407 13.409 13.401(f) Assistant Subpart D. Tankerman- 18; 13.501(a) ... Yes; 10.215 13.503 13.123 13.505 13.507 13.509 13.501(g) Engineer Subpart E. Restricted 18; 13.111(b) ... Yes; 10.215 13.111(b) 13.111(b) 13.111(b) 13.111(b) No 13.111(b) Tankerman- PIC. Restricted 18; 13.111(c) ... Yes; 10.215 13.111(c) 13.111(c) 13.111(c) 13.111(c) No 13.111(c) Tankerman- PIC (Barge). Restricted 18; 13.111(d)(1) Yes; 10.215 13.111(d)(4) No 13.111(d)(4) No No 13.111(d)(5) Tankerman- PIC (Barge), Facility.

[CGD 79–116, 60 FR 17142, Apr. 4, 1995, as amended by CGD 79–116, 62 FR 25133, May 8, 1997; USCG–2006–24371, 74 FR 11259, Mar. 16, 2009]

Subpart B—Requirements for § 13.203 Eligibility: Experience. ‘‘Tankerman-PIC’’ Endorsement Each applicant for a ‘‘Tankerman- PIC’’ endorsement for DL or LG shall § 13.201 Original application for meet the requirements of either para- ‘‘Tankerman-PIC’’ endorsement. graphs (a) and (b) or paragraph (c) of Each applicant for an original this section. ‘‘Tankerman-PIC’’ endorsement shall— (a) Each applicant shall present evi- (a) Be at least 18 years old; dence of— (1) At least 90 days of service as a (b) Apply on a Coast Guard form; deck officer or an engineering officer (c) Present evidence of passing a on one or more tankships or self-pro- physical and medical examination in pelled tank vessels certified to carry accordance with § 13.125; DL or LG appropriate to the endorse- (d) Present evidence of service on ment applied for; tankships according to § 10.215 of this (2) At least 90 days of rating or cadet chapter; service on deck or in the engine depart- (e) Meet the requirement of a course ment on one or more tankships or self- on firefighting in § 13.207; propelled tank vessels certified to (f) Meet the requirement of a course carry DL or LG appropriate to the en- in DL or LG appropriate for the endorsement applied for; or dorsement applied for in § 13.209; and (3) A combination of the service in (g) Be capable of speaking and under- paragraphs (a) (1) and (2) of this sec- standing, in English, all instructions tion. needed to commence, conduct, and (b) Each applicant shall present evi- complete a transfer of cargo, and be ca- dence of participation, under the supervision of a ‘‘Tankerman-PIC,’’ in at pable of reading the English found in least 10 transfers of liquid cargo in the Declaration of Inspection, vessel bulk of the classification desired on response plans, and Cargo Information tankships or self-propelled tank ves- Cards. sels, including at least— [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as (1) Five loadings and five discharges; amended by USCG–2006–24371, 74 FR 11259, (2) Two commencements of loading Mar. 16, 2009] and two completions of loading; and

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(3) Two commencements of discharge may not be more than 5 years earlier and two completions of discharge. than the date of application. (c) Each applicant already holding an [CGD 79–116, 62 FR 25134, May 8, 1997] MMD or MMC endorsed ‘‘Tankerman- PIC’’ for DL and seeking an endorse- Subpart C—Requirements for ment for LG, or the converse, shall— (1) Provide evidence of at least half ‘‘Tankerman-PIC (Barge)’’ En- the service required by paragraph (a) of dorsement this section; and § 13.301 Original application for (2) Comply with paragraph (b) of this ‘‘Tankerman-PIC (Barge)’’ endorse- section, except that he or she need pro- ment. vide evidence of only three loadings Each applicant for a ‘‘Tankerman- and three discharges along with evi- PIC (Barge)’’ endorsement shall— dence of compliance with paragraphs (a) Be at least 18 years old; (b)(2) and (3) of this section. (b) Apply on a Coast Guard form; [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as (c) Present evidence of passing a amended by CGD 79–116, 62 FR 25134, May 8, physical and medical examination ac- 1997; USCG–2006–24371, 74 FR 11259, Mar. 16, cording to § 10.215 of this chapter; 2009] (d) Present evidence of service on tank vessels in accordance with § 13.303; § 13.205 Proof of service for (e) Meet the requirement of a fire- ‘‘Tankerman-PIC’’ endorsement. fighting course in § 13.307; Service must be proved by a letter on (f) Meet the requirement of a course company letterhead from the owner, in DL or LG appropriate for the en- operator, or master of the vessel on dorsement applied for in § 13.309; and which the applicant obtained the serv- (g) Be capable of speaking, and un- ice. The letter must contain the infor- derstanding, in English, all instruc- mation described in § 13.127(a). tions needed to commence, conduct, and complete a transfer of cargo, and § 13.207 Eligibility: Firefighting be capable of reading the English found course. in the Declaration of Inspection, vessel response plans, and Cargo Information Each applicant for an original Cards. ‘‘Tankerman-PIC’’ endorsement shall present a certificate of successful com- [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as pletion from a course in shipboard fire- amended by USCG–2006–24371, 74 FR 11260, fighting, approved by the Commandant Mar. 16, 2009] and meeting the basic firefighting sec- § 13.303 Eligibility: Experience. tion of the IMO’s Resolution A.437 (XI), ‘‘Training of Crews in Fire Fighting’’, Each applicant for a ‘‘Tankerman- completed within five years of the date PIC (Barge)’’ endorsement for DL or of application for the endorsement, un- LG shall meet the requirements of ei- less he or she has previously submitted ther paragraphs (a) and (b) or para- such a certificate for a license, graph (c) of this section. tankerman endorsement, or officer en- (a) Each applicant shall present evi- dorsement on an MMC. dence of— (1) At least 60 days of service, wheth- [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as er by shore-based or by vessel-based amended by USCG–2006–24371, 74 FR 11260, personnel, on one or more tank vessels Mar. 16, 2009] certified to carry DL or LG appropriate to the endorsement applied for; or § 13.209 Eligibility: Cargo course. (2) At least 6 months of closely re- Each applicant for an original lated service directly involved with ‘‘Tankerman-PIC’’ endorsement shall tank barges appropriate to the endorse- present a certificate of completion ment applied for; and from a course in DL or LG appropriate (b) Participation, under the super- for tankships and for the endorsement vision of a ‘‘Tankerman-PIC’’ or applied for, and approved by the Com- ‘‘Tankerman-PIC (Barge),’’ in at least mandant. The date of the certificate 10 transfers of liquid cargo in bulk of

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the classification desired on any tank (b) A course in tank-barge fire- vessel, including at least— fighting, approved by the Commandant (1) Five loadings and five discharges; and meeting § 13.121, completed within (2) Two commencements of loading five years of the date of application for and two completions of loading; and the endorsement. (3) Two commencements of discharge [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as and two completions of discharge. amended by CGD 79–116, 62 FR 25134, May 8, (c) Each applicant already holding an 1997; USCG–2006–24371, 74 FR 11260, Mar. 16, MMD or MMC endorsed ‘‘Tankerman- 2009] PIC (Barge)’’ for DL and seeking an endorsement for LG, or the converse, § 13.309 Eligibility: Cargo course. shall— Each applicant for an original (1) Provide evidence of at least half ‘‘Tankerman-PIC (Barge)’’ endorse- the service required by paragraph (a) of ment shall present a certificate of com- this section; and pletion from a course in DL or LG ap- (2) Comply with paragraph (b) of this propriate for tank barges and for section, except that he or she need pro- Tankerman-PIC or Tankerman-PIC vide evidence of only three loadings (Barge), and approved by the Com- and three discharges along with evi- mandant. The date of the certificate dence of compliance with paragraphs may not be more than 5 years earlier (b)(2) and (3) of this section. than the date of application. [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as [CGD 79–116, 62 FR 25134, May 8, 1997] amended by CGD 79–116, 62 FR 25134, May 8, 1997; USCG–2006–24371, 74 FR 11260, Mar. 16, 2009] Subpart D—Requirements for ‘‘Tankerman-Assistant’’ En- § 13.305 Proof of service for dorsement ‘‘Tankerman-PIC (Barge)’’ endorsement. § 13.401 Original application for Service must be proved by a letter on ‘‘Tankerman-Assistant’’ endorse- company letterhead from the owner or ment. operator of a terminal; the owner or Each applicant for a ‘‘Tankerman-As- operator of a tank barge; the owner, sistant’’ endorsement shall— operator, or master of a tank vessel; or (a) Be at least 18 years old; the employer of shore-based (b) Apply on a Coast Guard form; tankermen. The letter must contain (c) Present evidence of passing a the information required by § 13.127(a), physical and medical examination ac- excluding paragraph (a)(3)(vii). cording to § 10.215 of this chapter; [CGD 79–116, 62 FR 25134, May 8, 1997] (d) Meet the requirement of a firefighting course in § 13.407; § 13.307 Eligibility: Firefighting (e) (1) Meet the requirement of a course. course in DL or LG appropriate for the Each applicant for a ‘‘Tankerman- endorsement applied for in § 13.409; or PIC (Barge)’’ endorsement shall (2) Present evidence of service on present a certificate of successful com- tankships or self-propelled tank vessels pletion from— in accordance with § 13.403; and (a) A course in shipboard firefighting, (f) Be capable of speaking and under- approved by the Commandant and standing, in English, all instructions meeting the basic firefighting section needed to commence, conduct, and of the IMO’s Resolution A.437(XI), complete a transfer of cargo. ‘‘Training of Crews in Firefighting,’’ [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as completed 5 years or less before the amended by CGD 79–116, 62 FR 25134, May 8, date of application for the endorse- 1997; USCG–2006–24371, 74 FR 11260, Mar. 16, ment, unless he or she has previously 2009] submitted such a certificate for a license, tankerman endorsement on an § 13.403 Eligibility: Experience. MMD or MMC, or an officer endorse- (a) Each applicant for a ‘‘Tankerman- ment on an MMC; or Assistant’’ endorsement shall present—

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(1) Evidence of at least 90 days of (i) An understanding of cargo trans- deck service on tankships or self-pro- fer; and pelled tank vessels certified to carry (ii) A sense of responsibility that, in DL or LG appropriate to the endorse- the opinion of the signer, will allow ment applied for; or him or her to safely carry out duties (2) A certificate of completion from a respecting cargo and its equipment as- course in DL or LG appropriate for the signed by the PIC of the transfer with- endorsement applied for as prescribed out direct supervision by the PIC. in § 13.409. [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as (b) Each applicant already holding an amended by CGD 79–116, 62 FR 25134, May 8, MMD or MMC endorsed ‘‘Tankerman- 1997] Assistant’’ for DL and seeking one for LG, or the converse, shall— § 13.407 Eligibility: Firefighting (1) Provide evidence of at least half course. the service required in paragraph (a)(1) Each applicant for a ‘‘Tankerman-As- of this section; or sistant’’ endorsement shall present a (2) Meet the requirement of a course certificate of successful completion in DL or LG appropriate for the en- from a course in shipboard firefighting, dorsement applied for as prescribed in approved by the Commandant and § 13.409. meeting the basic firefighting section of the IMO’s Resolution A.437 (XI), [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as ‘‘Training of Crews in Fire Fighting’’, amended by CGD 79–116, 62 FR 25134, May 8, completed within five years of the date 1997; USCG–2006–24371, 74 FR 11260, Mar. 16, of application for the endorsement, un- 2009] less he or she has previously submitted § 13.405 Proof of service for such a certificate from one of these ‘‘Tankerman-Assistant’’ endorse- courses to the Coast Guard for any ment. other endorsement or credential. (a) Service must be proved by a letter [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as on company letterhead from the owner, amended by USCG–2006–24371, 74 FR 11260, operator, or master of a tankship or Mar. 16, 2009] self-propelled tank vessel. The letter § 13.409 Eligibility: Cargo course. must specify— (1) The classification of cargo (DL or Each applicant for an original LG) carried while the applicant accu- ‘‘Tankerman-Assistant’’ endorsement mulated the service; who has not presented the required (2) The number of days of deck serv- service on tankships or self-propelled ice the applicant accumulated on the tank vessels shall present a certificate tankship or self-propelled tank vessel; of completion from a course for Famil- and iarization with DL or LG Tankships or (3) That the applicant has dem- from a tanker-familiarization course onstrated an understanding of cargo appropriate to the endorsement applied transfer and a sense of responsibility for, and approved by the Commandant. that, in the opinion of the signer, will The date of the certificate may not be allow the applicant to safely carry out more than 5 years earlier than the date duties respecting cargo transfer and of application. transfer equipment assigned by the PIC [CGD 79–116, 62 FR 25134, May 8, 1997] of the transfer without direct supervision by the PIC; or Subpart E—Requirements for (b) Service must be proved by— ‘‘Tankerman-Engineer’’ En- (1) Certificates of Discharge from dorsement tankships with the appropriate classification of cargo (DL, LG, or both); and § 13.501 Original application for (2) A letter on company letterhead ‘‘Tankerman-Engineer’’ endorse- from the owner, operator, or master of ment. one of the tankships or self-propelled Each applicant for a ‘‘Tankerman- tank vessel stating that he or she has Engineer’’ endorsement shall— demonstrated— (a) Be at least 18 years old;

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(b) Apply on a Coast Guard form; (1) The classification of cargo (DL, (c) Present evidence of passing a LG, or both) carried while the appli- physical and medical examination ac- cant accumulated the service; and cording to § 10.215 of this chapter; (2) The number of days of officer, rat- (d) Present evidence of service on ing, and cadet service in the engine de- tankships and self-propelled tank ves- partment on tankships or self-propelled sels in accordance with § 13.503; tank vessels; or (e) Meet the requirement of a fire- (b) Service must be proved by certificates of discharge from tankships or fighting course in § 13.507; self-propelled tank vessels with the ap- (f) Meet the requirement of a course propriate classification of cargo (DL, in DL or LG appropriate for the en- LG, or both). dorsement applied for in § 13.509; and (g) Be capable of speaking and under- [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as standing, in English, all instructions amended by CGD 79–116, 62 FR 25135, May 8, 1997; USCG–2006–24371, 74 FR 11260, Mar. 16, needed to commence, conduct, and 2009] complete a transfer of cargo. [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as § 13.507 Eligibility: Firefighting course. amended by CGD 79–116, 62 FR 25134, May 8, 1997; USCG–2006–24371, 74 FR 11260, Mar. 16, Each applicant for a ‘‘Tankerman- 2009] Engineer’’ endorsement shall present a certificate of successful completion § 13.503 Eligibility: Experience. from a course in shipboard firefighting, (a) Each applicant for a ‘‘Tankerman- approved by the Commandant and Engineer’’ endorsement shall present meeting the basic firefighting section evidence of at least— of the IMO’s Resolution A.437 (XI), (1) 90 days of service as an engineer- ‘‘Training of Crews in Fire Fighting’’, ing officer on tankships or self-pro- completed within five years of the date of application for the endorsement, un- pelled tank vessels certified to carry less he or she has previously submitted DL or LG appropriate to the endorse- such a certificateto the Coast Guard ment applied for; for any other endorsement or creden- (2) 90 days of rating or cadet service tial. in the engine department on tankships or self-propelled tank vessels certified [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as to carry DL or LG appropriate to the amended by USCG–2006–24371, 74 FR 11260, endorsement applied for; or Mar. 16, 2009] (3) A combination of the service in § 13.509 Eligibility: Cargo course. paragraphs (a) (1) and (2) of this sec- Each applicant for an original tion. ‘‘Tankerman-Engineer’’ endorsement (b) Each applicant already holding an shall present a certificate of comple- MMD or MMC endorsed as Tankerman- tion from a course in DL or LG, appro- Engineer for DL and seeking one for priate for tankships and the endorse- LG, or the converse, shall prove at ment applied for, approved by the Com- least half the service required by para- mandant. The date of the certificate graph (a) of this section. may not be more than 5 years earlier [CGD 79–116, 60 FR 17142, Apr. 4, 1995, as than the date of application. amended by CGD 79–116, 62 FR 25134, May 8, [CGD 79–116, 62 FR 25135, May 8, 1997] 1997; USCG–2006–24371, 74 FR 11260, Mar. 16, 2009] PART 14—SHIPMENT AND DIS- § 13.505 Proof of service for CHARGE OF MERCHANT MARI- ‘‘Tankerman-Engineer’’ endorse- NERS ment. (a) Service must be proved by a letter Subpart A—General on company letterhead from the owner, Sec. operator, master, or chief engineer of a 14.101 Purpose of part. tankship or self-propelled tank vessel. 14.103 Addresses of Coast Guard. The letter must specify— 14.105 Disclosure and privacy.

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Subpart B—Shipment of Merchant Mariners § 14.105 Disclosure and privacy. 14.201 Voyages upon which shipping articles The Coast Guard makes information are required. available to the public in accordance 14.203 Voyages upon which shipping articles with 49 CFR part 7, including appendix are not required. B. 14.205 Production of credentials by merchant mariner signing shipping articles. 14.207 Content and form of shipping articles. Subpart B—Shipment of Merchant 14.209 Preparation of shipping articles at Mariners beginning of voyage. 14.211 Posting of copy of shipping articles. § 14.201 Voyages upon which shipping 14.213 Report of shipment of merchant mar- articles are required. iner. (a) Before proceeding either upon a foreign, intercoastal, or coastwise voy- Subpart C—Discharge of Merchant age (including a voyage on the Great Mariners Lakes) listed in paragraph (b) of this 14.301 Paying off of merchant mariner dur- section or with the engagement or re- ing or after voyage upon which shipping placement of a merchant mariner for articles are required. such a voyage, each master or indi- 14.303 Discharge of merchant mariner in vidual in charge of a vessel or seagoing foreign port. barge of the United States shall exe- 14.305 Entries in continuous discharge book. cute shipping articles however pre- 14.307 Entries on certificate of discharge. pared, manually or electronically. The 14.309 Entries in shipping articles at end of master or individual in charge and voyage. 14.311 Report of discharge of merchant mar- each mariner engaged or replaced shall iner. sign the articles. 14.313 Storage of shipping articles and of (b) Except as provided by § 14.203, ar- certificates of discharge. ticles are required upon each voyage by a vessel of the United States— Subpart D—Oceanographic Research (1) Of 100 gross tons or more, on a for- Vessels eign voyage, which is a voyage from a port in the United States to any for- 14.401 General. 14.403 Exemptions. eign port other than a port in— 14.405 Procedures. (i) Canada; 14.407 Reports. (ii) Mexico; or (iii) The West Indies. AUTHORITY: 5 U.S.C. 552; 46 U.S.C. Chapters (2) Of 75 gross tons or more on a voy- 103 and 104; 46 U.S.C. 70105. age between a port of the United States SOURCE: CGD 94–004, 61 FR 56637, Nov. 4, on the Atlantic Ocean and a port of the 1996, unless otherwise noted. United States on the Pacific Coast; or (3) Of 50 gross tons or more on a voy- Subpart A—General age between a port in one State and a port in another State other than an ad- § 14.101 Purpose of part. joining State. This part prescribes rules for the shipment and discharge of merchant § 14.203 Voyages upon which shipping articles are not required. mariners aboard certain vessels of the United States. Although they may be used for the voyage; shipping articles are not re- § 14.103 Addresses of Coast Guard. quired for any voyage by— (a) U.S. postal mail: U.S. Coast (a) A yacht; Guard National Maritime Center (b) A vessel engaged exclusively in fishing or whaling; (NMC–42), 100 Forbes Drive, Martins- (c) A vessel aboard which the mer- burg, West Virginia 25404. chant mariners are by custom or agree- (b) Electronic mail: ment entitled to participate in the [email protected]. profits or results of a cruise or voyage; (c) World wide web: http:// (d) A vessel employed exclusively in www.uscg.mil/nmc. trade on the navigable rivers of the [USCG–2008–0906, 73 FR 56508, Sept. 29, 2008] United States; or

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(e) A ferry, or a tug used in ferrying, Charge, Marine Inspection (OCMI), of if the vessel is employed exclusively in the Coast Guard. trade on the Great Lakes, other lakes, (c) Any company that electronically bays, sounds, bayous, canals, or har- prepares the articles may, upon request bors. submitted to either address in § 14.103, obtain a copy of software developed by § 14.205 Production of credentials by the Coast Guard to produce articles in merchant mariner signing shipping the proper format. Alternatively, a articles. company may develop its own software On engagement for a voyage upon or buy it off the shelf; but, in either of which shipping articles are required, these cases, it must secure approval of each merchant mariner shall present to the software from the National Mari- the master or individual in charge of time Center at either address in the vessel every document, certificate, § 14.103. credential, or license required by law [CGD 94–004, 61 FR 56637, Nov. 4, 1996, as for the service the mariner would per- amended by USCG–2006–24371, 74 FR 11260, form. Mar. 16, 2009] [CGD 94–004, 61 FR 56637, Nov. 4, 1996, as amended by USCG–2006–24371, 74 FR 11260, § 14.209 Preparation of shipping arti- Mar. 16, 2009] cles at beginning of voyage. Each master or individual in charge § 14.207 Content and form of shipping of a vessel when shipping articles are articles. required shall prepare an original and (a)(1) The content and form of ship- two copies of the articles. The original ping articles for each vessel of the and one copy must be signed by the United States of 100 gross tons or more master or individual in charge and by upon a foreign or intercoastal voyage each merchant mariner; but the second must conform to the present shipping copy must not be signed by any of articles, form CG-705A, which meets them. the requirements of 46 U.S.C. 10302, 10303, 10304, and 10305. The articles § 14.211 Posting of copy of shipping ar- must identify the nature of the voyage ticles. and specify at least the name, the li- On commencement of a foreign, cense, MMD, or MMC number, the ca- intercoastal, or coastwise voyage (in- pacity of service, the time due on board cluding a voyage on the Great Lakes), to begin work, and the name and ad- each master or individual in charge of dress of the next of kin of, and the a vessel when shipping articles are re- wages due to each merchant mariner, quired shall ensure that a legible copy either who was discharged or whose of the articles, unsigned by the mar- services were otherwise terminated iner, and without the next of kin infor- during the month. mation, is posted at a place accessible (2) The content and form of articles to the crew. for each such vessel upon a coastwise voyage (including a voyage on the § 14.213 Report of shipment of mer- Great Lakes) must also conform to the chant mariner. present shipping articles, form CG- (a) When a vessel of the United 705A, which meet the requirements of States sails upon a foreign, inter- 46 U.S.C. 10502. The articles must speci- coastal, or coastwise voyage (excluding fy at least the matter identified by a voyage on the Great Lakes), each paragraph (a)(1) of this section, except master or individual in charge shall, at that they must not specify the wages the commencement of the voyage, send due to the mariner. The wages section one copy of shipping articles, signed by of the form shall be left blank for the master and by each merchant mar- coastwise voyages. iner, to the owner, charterer, or man- (b) Any shipping company that aging operator. The master shall keep manually prepares the articles may, the original throughout the voyage and upon request, obtain Shipping Articles, enter in it all charges made to the crew Form CG-705A, from any Officer in during the voyage.

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(b) (1) When a vessel of the United cles. Upon the request of the master or States sails exclusively on the Great a mariner, the consular officer shall Lakes, each master or individual in discharge the mariner in accordance charge shall, at the commencement of with the requirements of 46 U.S.C. the season, or once the vessel is put 10318. into service, whichever occurs earlier, send one copy of articles, signed by the § 14.305 Entries in continuous dis- master and by each mariner, to the charge book. owner, charterer, or managing oper- If the merchant mariner holds a con- ator. tinuous discharge book, the master or (2) The master or individual in individual in charge of the vessel shall charge shall every 60 days send supple- make the proper entries in it. mentary particulars of engagement covering each mariner engaged during § 14.307 Entries on certificate of dis- this period, signed by the master and charge. by each mariner, to the owner, charterer, or managing operator. (a) Each master or individual in (3) The master of individual in charge charge of a vessel shall, for each mer- shall, at the close of the season, or chant mariner being discharged from once the vessel is withdrawn from serv- the vessel, prepare a certificate of dis- ice, whichever occurs later, send arti- charge and two copies; whether by cles, signed by the master and by each writing or typing them on the pre- mariner, to the owner, charterer, or scribed form with permanent ink or managing operator. generating them from computer in the (c) When a vessel of the United prescribed format; and shall sign them States sales exclusively on bays or with permanent ink. The prescribed sounds, each master or individual in format for a certificate of discharge is charge shall, at least every 60 days, the same as the present form CG-718A send articles, signed by the master and (Rev. 3–85). The left portion of the form by each mariner, to the owner, charter, has the mariner’s printed name, signa- or managing operator. ture, citizenship, MMD or MMC num- (d) Any person who fails to comply ber; the certification statement, date with the requirements of this section is and the master’s signature. The right subject to a civil penalty of $5,000. portion of the form contains the rate/ rank the mariner is serving on the voy- Subpart C—Discharge of age, date and place of shipment, date Merchant Mariners and place of discharge, name of the ves- § 14.301 Paying off of merchant mar- sel, name of the operating company, of- iner during or after voyage upon ficial number of the vessel, class of the which shipping articles are re- vessel, and the nature of the voyage. quired. (b) Each mariner being discharged Each master or individual in charge shall sign the certificate and both cop- of a vessel when shipping articles are ies with permanent ink. required shall complete and sign, and (c) When the mariner leaves the ves- each merchant mariner paid off during sel, the master or individual in charge or after such a voyage shall sign the shall give the original certificate to articles and otherwise comply with the the mariner. requirements of this subpart. When (d) Except as directed by § 14.313, the signed by the master or individual in shipping company shall keep both cop- charge and by the mariner, the articles ies of the certificate. constitute a release from the duties to (e) The company shall provide copies which they bound their parties. of certificates of discharge to the mar- § 14.303 Discharge of merchant mariner and the Coast Guard upon request. iner in foreign port. [CGD 94–004, 61 FR 56637, Nov. 4, 1996, as Upon the discharge of any mariner in amended by USCG-2002–13058, 67 FR 61278, a foreign port, the master shall make Sept. 30, 2002; USCG–2006–24371, 74 FR 11260, the required entries on the ship’s arti- Mar. 16, 2009]

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§ 14.309 Entries in shipping articles at years. After 3 years the shipping com- end of voyage. panies shall prepare the original ship- (a) At the end of each voyage upon ping articles in alphabetical order by which shipping articles are required, vessel name and send to the address in the master or individual in charge of § 14.103(a) for storage at the Federal the vessel shall— Records Center at Suitland, Maryland. (1) Complete the articles, conforming The company may dispose of the copies the pertinent entries in them to those of certificates of discharge. The Coast on the certificate of discharge and its Guard will dispose of copies of certifi- copies; cates submitted manually, once the (2) Note in the articles the execution data are entered into its sea-service of each Mutual Release; database and are validated. (3) Attach to the articles each Mu- (b) Each shipping company that goes tual Release and a copy of each certifi- out of business or merges with another cate; and company shall send all original articles (4) Pay to each merchant mariner all to the address in § 14.103(a) within 30 wages due. days of the transaction. (b) When paid off, each mariner shall (c) The shipping company must pro- sign the articles. vide copies of shipping articles and cer- § 14.311 Report of discharge of mer- tificates of discharge to the mariner chant mariner. and the Coast Guard upon request. (a) At the end of each foreign, intercoastal, and coastwise voyage by a ves- Subpart D—Oceanographic sel of the United States, or of each voy- Research Vessels age by such a vessel that sails exclusively on bays or sounds (or by such a § 14.401 General. vessel at the close of the season on the Unless otherwise provided by Title 46 Great Lakes, or once the vessel is with- United States Code, by any act amend- drawn from service there, whichever ing or supplementing that Title, or by occurs later), the shipping company this subpart, that Title as far as it gov- shall electronically transmit the data erns the employment of merchant from the certificates of discharge to an mariners remains, and any act amend- electronic address which the shipping ing or supplementing that title be- company may request from the Na- comes, applicable to oceanographic re- tional Maritime Center. (b) If the data is submitted manually, search vessels. the shipping companies shall provide § 14.403 Exemptions. the data for foreign and intercoastal voyages at the end of each voyage. For (a) Certain requirements of Title 46, coastwise voyages or of each voyage by United States Code do not apply to the such a vessel that sails exclusively on employment of merchant mariners on bays or sounds (or by such a vessel at oceanographic research vessels. These the close of the season of the Great requirements are those concerned with, Lakes, or once the vessel is withdrawn among other things, the shipment and from service there, whichever occurs discharge of mariners, their pay and al- later), the shipping companies shall lotments, and the adequacy of their submit a copy of each certificate of dis- clothing. 46 U.S.C. 2113(2) allows ex- charge to the address in § 14.103(a) at emptions of oceanographic research least once per calendar month. vessels from certain requirements of parts B, C, F, or G of subtitle II of 46 [CGD 94–004, 61 FR 56637, Nov. 4, 1996, as amended by USCG–2007–29018, 72 FR 53964, U.S.C., upon such terms as the Sec- Sept. 21, 2007] retary of the Department of Transpor- tation deems suitable. The exemptions § 14.313 Storage of shipping articles available under this subpart are sub- and of certificates of discharge. ject to the following terms: (a) Each shipping company shall keep (1) No use of any exemption relieves all original shipping articles and copies the owner, charterer, managing oper- of all certificates of discharge for 3 ator, master, or individual in charge of

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the vessel of other statutory respon- who will determine whether to grant sibilities for the protection of every any exemption of any vessel from any mariner under his or her command. requirement. The OCMI will issue a let- (2) If it is presented at a reasonable ter indicating any exemption granted. time and in a reasonable manner, the The master or individual in charge of master or individual in charge shall re- the vessel shall keep the letter aboard ceive, consider, and appropriately ad- the vessel. dress the legitimate complaint of any (d) If operating conditions change, mariner. the owner, charterer, managing oper- (b) For any oceanographic research ator, master, or individual in charge of vessel sailing with any mariner em- the vessel shall so advise the OCMI. ployed by any firm, association, cor- The OCMI will forward pertinent infor- poration, or educational or govern- mation on how the conditions have mental body or agency, the Com- changed, along with his or her rec- mandant may grant exemptions from— ommendation, to the Commandant, (1) 46 U.S.C. 10301, Application; who will determine whether any ex- (2) 46 U.S.C. 10302, Shipping articles emption should remain granted. (for foreign and intercoastal voyages); (3) 46 U.S.C. 10307, Posting of articles; § 14.407 Reports. (4) 46 U.S.C. 10308, Foreign engage- (a) The owner, charterer, managing ments; operator, master, or individual in (5) 46 U.S.C. 10311, Certificates of discharge of each oceanographic research charge; vessel of 100 gross tons or more shall (6) 46 U.S.C. 10313 and 10504, Wages; maintain a record of the employment, (7) 46 U.S.C. 10314 and 10505, Ad- discharge, or termination of service of vances; every merchant mariner in the crew. (8) 46 U.S.C. 10315, Allotments; At least every 6 months, the person (9) 46 U.S.C. 10316 and 10506, Trusts; maintaining this record shall transmit (10) 46 U.S.C. 10321 and 10508, General it to the Coast Guard, either manually, penalties; in the form of a copy of a certificate of (11) 46 U.S.C. 10502, Shipping articles discharge, or electronically. (for coastwise voyages); and (b) The owner, charterer, managing (12) 46 U.S.C. 10509, Penalty for fail- operator, master, or individual in ure to begin coastwise voyages. charge of the vessel shall keep original shipping articles and a copy of each § 14.405 Procedures. certificate ready for review by the (a) Upon written request for the Coast Guard or the concerned mariner owner, charterer, managing operator, upon request. After January 3, 1997, the master, or individual in charge of the Coast Guard will no longer keep either vessel to the OCMI of the Coast Guard original articles or copies of certifi- in whose zone the vessel is located, the cates; it will keep only electronic Commandant may grant an exemption records of employment. of any oceanographic research vessel (c) The master or individual in designated by 46 U.S.C. 2113(2) from any charge of the vessel shall ensure that requirement of any section listed by every entry made in the articles agrees § 14.403(b). with the corresponding entry made in a (b) The request must state— continuous discharge book, on a cer- (1) Any requirement of any section tificate, or in any other proof of sea listed in § 14.403(b) from which the ap- service furnished to the mariner. plicant wishes an exemption; and (d) Each oceanographic company (2) What business practices regard- shall keep all original articles and cop- ing, among other things, the shipment ies of all certificates for 3 years. After and discharge of merchant mariners, that each such company shall send all their pay and allotments, and the ade- articles to the address in § 14.103(a). quacy of their clothing would justify (e) Each oceanographic company that the exemption. goes out of business or merges with an- (c) The OCMI will forward the re- other company shall send all original quest, along with his or her rec- articles to the address in § 14.103(a) ommendation, to the Commandant, within 30 days of the transaction.

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PART 15—MANNING 15.825 Engineers. 15.830 Radio officers. REQUIREMENTS 15.835 Staff officers. 15.840 Able seamen. Subpart A—Purpose and Applicability 15.845 Lifeboatmen. 15.850 Lookouts. Sec. 15.855 Cabin watchmen and fire patrolmen. 15.101 Purpose of regulations. 15.860 Tankerman. 15.102 Paperwork approval. 15.103 General. Subpart H—Equivalents 15.105 Incorporation by reference. 15.901 Inspected vessels of less than 100 Subpart B [Reserved] gross tons. 15.905 Uninspected passenger vessels. Subpart C—Manning Requirements; All 15.910 Towing vessels. Vessels 15.915 Engineer Officer Endorsements. 15.401 Employment and service within re- Subpart I—Vessels in Foreign Trade strictions of credential. 15.405 Familiarity with vessel characteris- 15.1001 General. tics. 15.1010 California. 15.410 Credentialed individuals for assist- 15.1020 Hawaii. ance towing vessels. 15.1030 New York and New Jersey. 15.415 [Reserved] 15.1040 Massachusetts. 15.1050 North Carolina. Subpart D—Manning Requirements; Inspected Vessels Subpart J—Vessels Subject to Requirements of STCW 15.501 Certificate of inspection. 15.505 Changes in the certificate of inspec- 15.1101 General. tion. 15.1103 Employment and service the within 15.510 Right of appeal. restrictions of an STCW endorsement or 15.515 Compliance with certificate of inspec- of a certificate of training. tion. 15.1105 Familiarization and basic safety- 15.520 Mobile offshore drilling units. training. 15.525 Reference to other parts. 15.1107 Maintenance of merchant mariners’ 15.530 Large passenger vessels. records by owner or operator. 15.1109 Watches. Subpart E—Manning Requirements; 15.1111 Work hours and rest periods. Uninspected Vessels 15.1113 Vessel Security Officer (VSO). AUTHORITY: 46 U.S.C. 2101, 2103, 3306, 3703, 15.601 General. 8101, 8102, 8104, 8105, 8301, 8304, 8502, 8503, 8701, 15.605 Credentialed operators for 8702, 8901, 8902, 8903, 8904, 8905(b), 8906, 9102, uninspected passenger vessels. and 8103; and Department of Homeland Secu- 15.610 Master and mate (pilot) of towing rity Delegation No. 0170.1. vessels. SOURCE: CGD 81–059, 52 FR 38652, Oct. 16, Subpart F—Limitations and Qualifying 1987, unless otherwise noted. Factors 15.701 Officers Competency Certificates Subpart A—Purpose and Convention, 1936. Applicability 15.705 Watches. 15.710 Working hours. § 15.101 Purpose of regulations. 15.715 Automated vessels. The purpose of the regulations in this 15.720 Use of non-U.S. licensed and/or docu- part is to set forth uniform minimum mented personnel. requirements for the manning of ves- 15.725 Sailing short. 15.730 Language requirements. sels. In general, they implement, inter- pret, or apply the specific statutory Subpart G—Computations manning requirements in title 46, U.S.C., parts E & F, implement various 15.801 General. international conventions which affect 15.805 Master. 15.810 Mates. merchant marine personnel, and pro- 15.812 Pilots. vide the means for establishing the 15.815 Radar observers. complement necessary for safe oper- 15.820 Chief engineer. ation of vessels.

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§ 15.102 Paperwork approval. J, because the vessels are exempt from application of STCW: (a) This section lists the control (1) Uninspected passenger vessels as numbers assigned by the Office of Man- defined in 46 U.S.C. 2101(42). agement and Budget under the Paper (2) Fishing vessels as defined in 46 Reduction Act of 1980 (Pub. L. 96–511) U.S.C. 2101(11)(a). for the reporting and recordkeeping re- (3) Fishing vessels used as fish-tender quirements in this part. vessels as defined in 46 U.S.C. (b) The following control numbers 2101(11)(c). have been assigned to the sections indi- (4) Barges as defined in 46 U.S.C. cated: 2101(2), including non-self-propelled (1) OMB 1625–0079—46 CFR 15.1107. mobile offshore-drilling units. (2) [Reserved] (5) Vessels operating exclusively on [CGD 95–62, 62 FR 34538, June 26, 1997, as the Great Lakes. amended by USCG-2004–18884, 69 FR 58343, (f) Personnel serving on the following Sept. 30, 2004] vessels, and the owners and operators of these vessels, are in compliance with § 15.103 General. subpart J and are not subject to fur- (a) The regulations in this part apply ther obligation for the purposes of to all vessels which are subject to the STCW, on account of the vessels’ spe- manning requirements contained in the cial operating conditions as small ves- navigation and shipping laws of the sels engaged in domestic voyages: United States, including uninspected (1) Small passenger vessels subject to vessels (46 U.S.C. 7101–9308). subchapter T or K of title 46, CFR. (b) The navigation and shipping laws (2) Vessels of less than 200 GRT state that a vessel may not be operated (other than passenger vessels subject unless certain manning requirements to subchapter H of title 46 CFR). are met. In addition to establishing a (g) Personnel serving on vessels iden- minimum number of officers and rated tified in paragraphs (e)(5), (f)(1), and crew to be carried on board certain ves- (f)(2) of this section will be issued, sels, they establish minimum qualifica- without additional proof of qualifications concerning licenses and MMC en- tion, an appropriate STCW endorse- dorsements, citizenship, and conditions ment on their license or MMC when the of employment. It is the responsibility Officer in Charge, Marine Inspection of the owner, charterer, managing op- determines that such an endorsement erator, master, or person in charge or is necessary to enable the vessel to en- command of the vessel to ensure that gage in an international voyage. The appropriate personnel are carried to STCW endorsement will be expressly meet the requirements of the applica- limited to service on the vessel or the ble navigation and shipping laws and class of vessels and will not establish regulations. qualification for any other purpose. (c) Inspected vessels are issued a cer- [CGD 81–059, 52 FR 38652, Oct. 16, 1987, as tificate of inspection which indicates amended by CGD 95–062, 62 FR 34538, June 26, the minimum complement of officers 1997; USCG-2004–18884, 69 FR 58343, Sept. 30, and crew (including lifeboatmen) con- 2004; USCG–2006–24371, 74 FR 11260, Mar. 16, sidered necessary for safe operation. 2009] The certificate of inspection com- plements the statutory requirements § 15.105 Incorporation by reference. but does not supersede them. (a) Certain material is incorporated (d) The regulations in subpart J of by reference into this part with the ap- this part apply to seagoing vessels sub- proval of the Director of the Federal ject to the International Convention on Register under 5 U.S.C. 552(a) and 1 Standards of Training, Certification CFR part 51. To enforce any edition and watchkeeping for Seafarers as other than that specified in this sec- amended (STCW). tion, the Coast Guard must publish no- (e) Neither any person serving on any tice of change in the FEDERAL REG- of the following vessels, nor any owner ISTER and the material must be avail- or operator of any of these vessels, able to the public. All approved mate- need meet the requirements of subpart rial is available for inspection at the

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National Archives and Records Admin- by the Transportation Security Admin- istration (NARA). For information on istration under 49 CFR part 1572. the availability of this material at [USCG–2006–24371, 74 FR 11260, Mar. 16, 2009] NARA, call 202–741–6030, or go to http:// www.archives.gov/federallregister/ § 15.405 Familiarity with vessel char- codeloflfederallregulations/ acteristics. ibrllocations.html. Also, it is available Each credentialed individual must for inspection at the Coast Guard, Of- become familiar with the relevant fice of Operating and Environmental characteristics of the vessel on which Standards (CG–522), 2100 2nd St. SW., engaged prior to assuming his or her Stop 7126, Washington, DC 20593–7126, duties. As appropriate, these include 202–372–1405, and is available from the but are not limited to: general arrange- sources indicated below. ment of the vessel; maneuvering char- (b) International Maritime Organiza- acteristics; proper operation of the in- tion (IMO), 4 Albert Embankment, stalled navigation equipment; fire- London, SE1 7SR United Kingdom, fighting and lifesaving equipment; sta- telephone +44(0)20 7735 7611, http:// bility and loading characteristics; www.imo.org. emergency duties; and main propulsion (1) STCW—The International Conven- and auxiliary machinery, including tion on Standards of Training, Certifi- steering gear systems and controls. cation and Watchkeeping for Seafarers, 1978, as amended 1995, (STCW Conven- [CGD 81–059, 52 FR 38652, Oct. 16, 1987, as tion), incorporation by reference ap- amended by USCG–2006–24371, 74 FR 11260, proved for §§ 15.103; 15.1101; 15.1103; Mar. 16, 2009] 15.1105; 15.1109. § 15.410 Credentialed individuals for (2) Seafarer’s Training, Certification assistance towing vessels. and Watchkeeping Code, as amended 1995 (STCW Code), incorporation by ref- Every assistance towing vessel must erence approved for §§ 15.1101; 15.1109. be under the direction and control of an individual holding a license or MMC [USCG–2009–0702, 74 FR 49225, Sept. 25, 2009] authorizing them to engage in assistance towing under the provisions of 46 Subpart B [Reserved] CFR 10.482. [CGD 87–017, 53 FR 18562, May 24, 1988, as Subpart C—Manning amended by USCG–2006–24371, 74 FR 11260, Requirements; All Vessels Mar. 16, 2009] § 15.401 Employment and service with- § 15.415 [Reserved] in restrictions of credential. A person may not employ or engage Subpart D—Manning an individual, and an individual may Requirements; Inspected Vessels not serve, in a position in which an individual is required by law or regula- § 15.501 Certificate of inspection. tion to hold a license, certificate of (a) The certificate of inspection (COI) registry, merchant mariner’s docu- issued by an Officer in Charge, Marine ment, transportation worker identi- Inspection (OCMI), to a vessel required fication credential, and/or merchant to be inspected under 46 U.S.C. 3301 mariner credential, unless the indi- specifies the minimum complement of vidual holds all credentials required, as officers and crew necessary for the safe appropriate, authorizing service in the operation of the vessel. capacity in which the individual is en- (b) The manning requirements for a gaged or employed and the individual particular vessel are determined by the serves within any restrictions placed OCMI after consideration of the appli- on the credential. Beginning April 15, cable laws, the regulations in this part, 2009, all mariners holding an active li- and all other factors involved, such as: cense, certificate of registry, MMD, or Emergency situations, size and type of MMC issued by the Coast Guard must vessel, installed equipment, proposed also hold a valid transportation worker routes of operation including frequency identification credential (TWIC) issued of port calls, cargo carried, type of

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service in which employed, degree of (b) The OCMI determines the min- automation, use of labor saving de- imum number of officers and crew (in- vices, and the organizational structure cluding lifeboatmen) required for the of the vessel. safe operation of inspected MODUs. In addition to other factors listed in this [CGD 81–059, 52 FR 38652, Oct. 16, 1987, as amended at CGD 81–059, 54 FR 149, Jan. 4, part, the specialized nature of the 1989] MODU is considered in determining the specific manning levels. § 15.505 Changes in the certificate of (c) A license or officer endorsement inspection. on an MMC as offshore installation All requests for changes in manning manager (OIM), barge supervisor (BS), as indicated on the certificate of in- or ballast control operator (BCO) au- spection must be made to the OCMI thorizes service only on MODUs. A li- who last issued the certificate of in- cense or endorsement as OIM is re- spection, unless the request is made in stricted to the MODU type and mode of conjunction with an inspection for cer- operation specified on the credential. tification, in which case the request (d) A self-propelled MODU other than should be addressed to the OCMI con- a drillship must be under the command ducting the inspection. of an individual who holds a license as master endorsed as OIM or an MMC § 15.510 Right of appeal. with master and OIM officer endorse- Any person directly affected by a de- ments. cision or action taken under this part, (e) A drillship must be under the by or on behalf of the Coast Guard, command of an individual who holds a may appeal therefrom in accordance license or MMC officer endorsement as with subpart 1.03 of this chapter. master. When a drillship is on location, the individual in command must hold a [CGD 88–033, 54 FR 50380, Dec. 6, 1989] license as master endorsed as OIM or an MMC with master and OIM officer § 15.515 Compliance with certificate of endorsements. inspection. (f) A non-self-propelled MODU must (a) Except as provided by § 15.725, no be under the command of an individual vessel may be operated unless it has in who holds a license or MMC officer or its service and on board, the com- endorsement as OIM. plement required by the certificate of (g) An individual serving as mate on inspection. a self-propelled surface unit other than (b) Any vessel subject to inspection a drillship must hold an appropriate li- under 46 U.S.C. 3301 must, while on a cense or MMC officer endorsement as voyage, be under the direction and con- mate and an endorsement as BS or trol of an individual who holds an ap- BCO. An individual holding a license or propriate license or appropriate officer MMC officer endorsement as barge su- endorsement on their MMC. For the pervisor or ballast control operator purposes of this paragraph: may be substituted for a required mate (1) A voyage is the period of time when a self-propelled surface unit other necessary to transit from the port of than a drillship is on location or under departure to the final port of arrival. tow, under certain circumstances as (2) A port does not include an Outer determined by the cognizant OCMI. Continental Shelf (OCS) facility as de- (h) An individual holding a license or fined in 33 CFR part 140. MMC officer endorsement as barge su- [CGD 81–059, 52 FR 38652, Oct. 16, 1987, as pervisor is required on a non-self-pro- amended at USCG-2004–18884, 69 FR 58343, pelled surface unit other than a Sept. 30, 2004; USCG–2006–24371, 74 FR 11260, drillship. Mar. 16, 2009] (i) An individual holding a license or MMC officer endorsement as barge su- § 15.520 Mobile offshore drilling units. pervisor may serve as ballast control (a) The requirements in this section operator. for mobile offshore drilling units (j) The OCMI issuing the MODU’s cer- (MODUs) supplement other require- tificate of inspection may authorize ments in this part. the substitution of chief or assistant

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engineer (MODU) for chief or assistant (4) May perform emergency-related engineer, respectively, on self-pro- duties only if, under § 12.40–13(b)(5) of pelled or propulsion assisted surface this subchapter: units, except drillships. The OCMI may (i) The emergency-related duties do also authorize the substitution of as- not require any other rating or en- sistant engineer (MODU) for assistant dorsement, except lifeboatman as spec- engineer on drillships. ified in § 12.40–13(a)(3) of this sub- (k) Requirements in this part con- chapter; cerning radar observers do not apply to (ii) The non-resident alien has com- non-self-propelled MODUs. pleted familiarization and basic safety (l) A surface mobile offshore drilling training, as required in § 15.1105 of this unit underway or on location, when part; afloat and equipped with a ballast con- (iii) That if the non-resident alien trol room, must have that ballast control room manned by an individual serves as a lifeboatman, he or she must holding a license or MMC officer en- have the necessary lifeboatman’s endorsement authorizing service as bal- dorsement; and last control operator. (iv) The non-resident alien has completed the training for crewmembers on [CGD 81–059a, 55 FR 14805, Apr. 18, 1990, as passenger ships performing duties in- amended by USCG–2006–24371, 74 FR 11260, Mar. 16, 2009] volving safety or care for passengers, as required in subpart 12.35 of this sub- § 15.525 Reference to other parts. chapter. Parts 31 and 35 of this chapter con- (c) No more than 25 percent of the tain additional manning requirements total number of ratings on a U.S. flag applicable to tank vessels. large passenger vessel may be aliens, whether admitted to the United States § 15.530 Large passenger vessels. for permanent residence or authorized (a) The owner or operator of a U.S. for employment in the United States as flag large passenger vessel must ensure non-resident aliens. that any non-resident alien holding a (d) The owner or operator of a U.S. Coast Guard-issued merchant mariner flag large passenger vessel employing credential described in subpart 12.40 of non-resident aliens holding Coast this subchapter is provided the rights, Guard-issued merchant mariner cre- protections, and benefits of the Inter- dentials described in subpart 12.40 of national Labor Organization’s Mer- this subchapter must: chant Shipping (Minimum Standards) (1) Retain custody of all non-resident Convention of 1976. alien merchant mariner credentials for (b) On U.S. flag large passenger ves- the duration of employment, under sels, non-resident aliens holding a § 12.40–13(b)(2) of this subchapter; and Coast Guard-issued merchant mariner (2) Return all non-resident alien mer- credential described in subpart 12.40 of chant mariner credentials to the Coast this subchapter: Guard upon termination of employ- (1) May only be employed in the ment, under § 12.40–13(b)(3) of this sub- steward’s department on the vessel(s) chapter. specified on the merchant mariner cre- (e) The owner or operator of a U.S. dential or accompanying Coast Guard flag large passenger vessel employing letter under § 12.40–13(b)(1) of this sub- non-resident aliens holding Coast chapter; Guard-issued merchant mariner cre- (2) May only be employed for an aggregate period of 36 months actual dentials described in subpart 12.40 of service on all authorized U.S. flag large this subchapter is subject to the civil passenger vessels combined, under penalty provisions specified in 46 § 12.40–13(c) of this subchapter; U.S.C. 8103(f), for any violation of this (3) May not perform watchstanding, section. engine room duty watch, or vessel [USCG–2007–27761, 74 FR 47736, Sept. 17, 2009] navigation functions, under § 12.40– 13(b)(4) of this subchapter; and

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Subpart E—Manning Require- equipment so engaged as its place of ments; Uninspected Vessels departure or ultimate destination. (b) Any towing vessel operating in § 15.601 General. the pilotage waters of the Lower Mis- The following sections of subparts F, sissippi River must be under the con- G, and H of this part contain provisions trol of an officer meeting the require- concerning manning of uninspected ments of paragraph (a) of this section vessels; §§ 15.701, 15.705, 15.710, 15.720, who holds either a first-class pilot’s en- 15.730, 15.801, 15.805, 15.810, 15.820, 15.825, dorsement for that route, MMC officer 15.840, 15.850, 15.855, 15.905, 15.910, and endorsement for the Western Rivers, or 15.915. meets the requirements of paragraph (a) and meets the requirements of ei- § 15.605 Credentialed operators for ther paragraphs (b)(1) or (b)(2) of this uninspected passenger vessels. section as applicable: Each uninspected passenger vessel (1) To operate a towing vessel with must be under the direction and con- tank barges, or a tow of barges car- trol of an individual credentialed by rying hazardous materials regulated the Coast Guard as follows: under part N or O of this subchapter, (a) Every self-propelled, uninspected an officer in charge of the towing ves- vessel as defined by 46 U.S.C. 2101(42)(B) sel must have completed 12 round trips must be under the direction and con- over this route as an observer, with at trol of an individual holding a license least 3 of those trips during hours of or MMC endorsed as operator of darkness, and at least 1 round trip of uninspected passenger vessels. the 12 within the last 5 years. (b) Every uninspected passenger ves- (2) To operate a towing vessel with- sel of 100 gross tons or more, as defined out barges, or a tow of uninspected by 46 U.S.C. 2101(42)(A), must be under barges, an officer in charge of the tow- the direction and control of a credentialed master, pilot, or mate as ing vessel must have completed at appropriate. least four round trips over this route as an observer, with at least one of those [USCG-1999–5040, 67 FR 34767, May 15, 2002, as trips during hours of darkness, and at amended by USCG–2006–24371, 74 FR 11261, least one round trip of the 12 within Mar. 16, 2009] the last 5 years. § 15.610 Master and mate (pilot) of [USCG–1999–6224, 66 FR 20944, Apr. 26, 2001, as towing vessels. amended at 68 FR 35818, June 17, 2003; USCG– (a) Except as provided in this para- 2008–0906, 73 FR 56508, Sept. 29, 2008; USCG– graph, every towing vessel of at least 8 2006–24371, 74 FR 11261, Mar. 16, 2009] meters (at least 26 feet) in length, measured from end to end over the Subpart F—Limitations and deck (excluding sheer), must be under Qualifying Factors the direction and control of a person holding a license or MMC officer en- § 15.701 Officers Competency Certifi- dorsement as master or mate (pilot) of cates Convention, 1936. towing vessels or as master or mate of (a) This section implements the Offi- vessels of greater than 200 gross reg- cers Competency Certificates Conven- ister tons holding either an endorse- tion, 1936, and applies to each vessel ment on his or her license or MMC for documented under the laws of the towing vessels or a completed Towing United States navigating seaward of Officer’s Assessment Record (TOAR) the Boundary Lines in part 7 of this signed by a designated examiner indicating that the officer is proficient in chapter, except: the operation of towing vessels. This (1) A public vessel; does not apply to any vessel engaged in (2) A wooden vessel of primitive assistance towing, or to any towing build, such as a dhow or junk; vessel of less than 200 gross register (3) A barge; and, tons engaged in exploiting offshore (4) A vessel of less than 200 gross minerals or oil if the vessel has sites or tons.

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(b) The master, mates and engineers duty successively to perform ordinary on any vessel to which this section ap- work incident to the operation and man- plies must hold a license or MMC offi- agement of the vessel. The Coast Guard cer endorsement to serve in that capac- interprets sailors to mean those mem- ity issued by the Coast Guard under bers of the deck department other than parts 10 and 11 of this chapter. officers, whose duties involve the me- (c) A vessel to which this section ap- chanics of conducting the ship on its plies, or a foreign flag vessel to which voyage, such as helmsman the Convention applies, may be de- (wheelsman), lookout, etc., and which tained by a designated official until are necessary to the maintenance of a that official is satisfied that the vessel continuous watch. Sailors is not inter- is in compliance with the Convention. preted to include able seamen and ordi- Designated official includes Coast Guard nary seamen not performing these du- officers, Coast Guard petty officers and ties. officers or employees of the Customs (c) Subject to exceptions, 46 U.S.C. and Border Protection Service. 8104(g) permits the officers and crew (d) Whenever a vessel is detained, the members (except the coal passers, fire- owner, charterer, managing operator, men, oilers, and watertenders) to be di- agent, master, or individual in charge vided into two watches when at sea and may appeal the detention within five engaged on a voyage of less than 600 days under the provisions of § 2.01–70 of miles on the following categories of this chapter. vessels: [CGD 81–059, 52 FR 38652, Oct. 16, 1987, as (1) Towing vessel; amended by USCG–2006–24371, 74 FR 11261, (2) Offshore supply vessel; or, Mar. 16, 2009] (3) Barge. (d) Subject to exceptions, 46 U.S.C. § 15.705 Watches. 8104(h) permits a master or mate (pilot) (a) Title 46 U.S.C. 8104 is the law ap- operating a towing vessel that is at plicable to the establishment of watch- least 26 feet in length measured from es aboard certain U.S. vessels. The es- end to end over the deck (excluding tablishment of adequate watches is the sheer) to work not more than 12 hours responsibility of the vessel’s master. in a consecutive 24 hour period except The Coast Guard interprets the term in an emergency. The Coast Guard in- watch to be the direct performance of terprets this, in conjunction with other vessel operations, whether deck or en- provisions of the law, to permit mas- gine, where such operations would rou- ters or mates (pilots) serving as opera- tinely be controlled and performed in a tors of towing vessels that are not sub- scheduled and fixed rotation. The per- ject to the provisions of the Officers’ formance of maintenance or work nec- Competency Certificates Convention, essary to the vessel’s safe operation on 1936, to be divided into two watches re- a daily basis does not in itself con- gardless of the length of the voyage. stitute the establishment of a watch. (e) Fish processing vessels are subject The minimum safe manning levels to various provisions of 46 U.S.C. 8104 specified in a vessel’s certificate of in- concerning watches. spection take into consideration rou- (1) For fish processing vessels that tine maintenance requirements and entered into service before January 1, ability of the crew to perform all oper- 1988, the following watch requirements ational evolutions, including emer- apply to the officers and deck crew: gencies, as well as those functions (i) If over 5000 gross tons—three which may be assigned to persons in watches. watches. (ii) If more than 1600 gross tons and (b) Subject to exceptions, 46 U.S.C. not more than 5000 gross tons—two 8104 requires that when a master of a watches. seagoing vessel of more than 100 gross (iii) If not more than 1600 gross tons establishes watches for the offi- tons—no watch division specified. cers, sailors, coal passers, firemen, oil- (2) For fish Processing vessels which ers and watertenders, the personnel enter into service after December 31, shall be divided, when at sea, into at 1987, the following watch requirements least three watches and shall be kept on apply to the officers and deck crew:

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(i) If over 5000 gross tons—three (d) Performing fire, lifeboat, or other watches. drills in port or at sea. (ii) If not more than 5000 gross tons [CGD 81–059, 52 FR 38652, Oct. 16, 1987, as and having more than 16 individuals on amended by USCG-2004–18884, 69 FR 58343, board primarily employed in the prepa- Sept. 30, 2004; USCG–2006–24371, 74 FR 11261, ration of fish or fish products—two Mar. 16, 2009] watches. (iii) If not more than 5000 gross tons § 15.715 Automated vessels. and having not more than 16 individ- (a) Coast Guard acceptance of auto- uals on board primarily employed in mated systems to replace specific per- the preparation of fish or fish prod- sonnel or to reduce overall crew re- ucts—no watch division specified. quirements is predicated upon the ca- (f) Properly manned uninspected pas- pabilities of the system, the system’s senger vessels of at least 100 gross demonstrated and continuing reli- tons— ability, and a planned maintenance (1) Which are underway for no more program that ensures continued safe than 12 hours in any 24-hour period, operation of the vessel. and which are adequately moored, an- (b) The OCMI considers the capabili- chored, or otherwise secured in a har- ties of an automated system in estab- bor of safe refuge for the remainder of lishing initial manning levels; how- that 24-hour period may operate with ever, until the system is proven reli- one navigational watch; able, a manning level adequate to oper- (2) Which are underway more than 12 ate in a continuously attended mode hours in any 24-hour period must pro- will be specified on a vessel’s COI. It vide a minimum of a two-watch sys- remains the responsibility of the ves- tem; sel’s master to determine when a con- (3) In no case may the crew of any tinuous watch is necessary. watch work more than 12 hours in any § 15.720 Use of non-U.S. licensed and/ 24-hour period, except in an emergency. or documented personnel. [CGD 81–059, 52 FR 38652, Oct. 16, 1987, as (a) United States vessels which need amended by USCG-1999–6224, 64 FR 63235, to replace one or more persons while on Nov. 19, 1999; USCG-1999–5040, May 15, 2002; a foreign voyage and outside the juris- USCG-2004–18884, 69 FR 58343, Sept. 30, 2004; diction of the United States, in order USCG–2006–24371, 74 FR 11261, Mar. 16, 2009] to meet manning requirements, may § 15.710 Working hours. use non-U.S. credentialed personnel without a TWIC, except for the posi- In addition to prescribing watch re- tions of master and radio officer, until quirements, 46 U.S.C. 8104 sets limita- the vessel returns to a port at which in tions on the working hours of the most expeditious manner replace- credentialed officers and crew mem- ments who are citizens of the United bers, prescribes certain rest periods, States can be obtained. and prohibits unnecessary work on (b) The citizenship requirements of 46 Sundays and certain holidays when the U.S.C. 8103(a) and (b) and the TWIC re- vessel is in a safe harbor. It is the requirement of 46 U.S.C. 70105 are waived, sponsibility of the master or person in except for the requirement that the charge to ensure that these limitations master must be a U.S. citizen holding a are met. However, under 46 U.S.C. TWIC, with respect to the following 8104(f), the master or other vessels: credentialed officer can require any (1) A U.S.-documented offshore sup- part of the crew to work when, in his or ply vessel (OSV) (as that term is de- her judgment, they are needed for: fined in 46 U.S.C. 2101(19)) that is oper- (a) Maneuvering, shifting berth, ating from a foreign port; and mooring, unmooring; (2) A U.S.-documented mobile off- (b) Performing work necessary for shore drilling unit (MODU) (as that the safety of the vessel, or the vessel’s term is defined in 46 U.S.C. 2101(15a)) passengers, crew, or cargo; that is operating beyond the water (c) Saving of life on board another above the U.S. Outer Continental vessel in jeopardy; or, Shelf.

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(c) The waiver provided in paragraph (2) A manned barge (except a sea- (b) of this section does not apply to any going barge or a barge to which chap- vessel operating in water above the ter 37 of 46 U.S.C. applies); U.S. Outer Continental Shelf (as that (3) A fishing vessel, fish tender ves- term is defined in 43 U.S.C. 1331(a)). sel, whaling vessel, or yacht; (d) The master shall assure that any (4) A sailing school vessel with re- replacements of crewmembers by non- spect to sailing school instructors and U.S. citizens made in accordance with sailing school students; this section will be with an individual (5) An oceanographic research vessel who holds a credential which is equiva- with respect to scientific personnel; lent in experience, training, and other (6) A fish processing vessel which en- qualifications to the U.S. credential re- tered into service before January 1, quired for the position and that the 1988, and is not more than 1600 gross person possesses or will possess the tons or which enters into service after training required to communicate to December 31, 1987, and has not more the extent required by § 15.730 of this than 16 individuals on board primarily part. employed in the preparation of fish or [CGD 89–061, 55 FR 1212, Jan. 12, 1990, as fish products; and, amended by USCG–2006–24371, 74 FR 11261, (7) All fish processing vessels with re- Mar. 16, 2009] spect to those personnel primarily employed in the preparation of fish or fish § 15.725 Sailing short. products or in a support position not Whenever a vessel is deprived of the related to navigation. service of a member of its complement, (b) 46 U.S.C. 8702(b) requires that on and the master or person in charge is board vessels departing U.S. ports 75 unable to find appropriate credentialed percent of the crew in each department on personnel to man the vessel, the mas- board is able to understand any order spo- ter or person in charge may proceed on ken by the officers. the voyage, having determined the ves- (c) The words able to understand any sel is sufficiently manned for the voy- order spoken by the officers relates to age. A report of sailing short must be any order to a member of the crew filed in writing with the Officer in when directing the performance of that Charge, Marine Inspection (OCMI) hav- person’s duties and orders relating to ing cognizance for inspection in the emergency situations such as used for area in which the vessel is operating, response to a fire or in using lifesaving or the OCMI within whose jurisdiction equipment. It is not expected that a the voyage is completed. The report member of the deck department under- must explain the cause of each defi- stand terminology normally used only ciency and be submitted within twelve in the engineroom or vice versa. hours after arrival at the next port. (d) Whenever information is pre- The actions of the master or person in sented to the Coast Guard that a vessel charge in such instances are subject to fails to comply with the specified lan- review and it must be shown the va- guage requirements the Coast Guard cancy was not due to the consent, fault investigates the allegation to deter- or collusion of the master or other in- mine its validity. In determining if an dividuals specified in 46 U.S.C. 8101(e). allegation is factual, the Coast Guard A civil penalty may be assessed against may require a demonstration by the of- the master or person in charge for fail- ficers and crew that appropriate orders ure to submit the report. are understood. The demonstration will [CGD 81–059, 52 FR 38652, Oct. 16, 1987, as require that orders be spoken to the in- amended by USCG–2006–24371, 74 FR 11262, dividual members of the crew by the of- Mar. 16, 2009] ficers in the language ordinarily and customarily used by the officers. The § 15.730 Language requirements. orders must be spoken directly by the (a) The provisions of 46 U.S.C. 8702 re- officer to the crew member and not lating to language apply generally to through an interpreter. Signs, ges- vessels of at least 100 gross tons except: tures, or signals may not be used in the (1) Vessels operating on rivers and test. The Coast Guard representative lakes (except the Great Lakes); will specify the orders to be given and

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will include not only daily routine but (b) Every vessel documented under orders involving emergencies, either of the laws of the United States, other a departmental or of a general nature. than a vessel with only a recreational This test will be conducted, if possible, endorsement, must be under the com- at a time reasonably in advance of the mand of a U.S. citizen. vessel’s departure, to avoid delays. [CGD 81–059, 52 FR 38623, Oct. 16, 1987, as [CGD 81–059, 52 FR 38652, Oct. 16, 1987, as amended by CGD 81–059, 54 FR 149, Jan. 4, amended by USCG–2006–24371, 74 FR 11262, 1989; USCG-1999–6216, 64 FR 53223, Oct. 1, 1999; Mar. 16, 2009] USCG-1999–6224, 64 FR 63235, Nov. 19, 1999; 66 FR 20944, Apr. 26, 2001; USCG-1999–5040, 67 FR 34767, May 15, 2002; USCG–2006–24371, 74 FR Subpart G—Computations 11261, Mar. 16, 2009]

§ 15.801 General. § 15.810 Mates. The OCMI will determine the specific (a) The OCMI determines the min- manning levels for vessels required to imum number of mates required for the have certificates of inspection by part safe operation of inspected vessels. B of subtitle II of title 46 U.S.C. The (b) The minimum number of mariners masters or individuals in command of holding a license or MMC officer en- all vessels, whether required to be in- dorsement as mate required to be car- spected under 46 U.S.C. 3301 or not, are ried on every inspected, self-propelled, responsible for properly manning ves- seagoing and Great Lakes vessel, and sels in accordance with the applicable every inspected, seagoing, passenger laws, regulations, and international vessel must not be less than the fol- conventions. lowing, except when reductions are au- [CGD 81–059, 54 FR 149, Jan. 4, 1989] thorized under paragraph (e) of this section: § 15.805 Master. (1) Vessels of 1000 gross tons or more (a) There must be an individual hold- (except MODUs)—three mates (except ing an appropriate license as or a valid when on a voyage of less than 400 miles MMC with endorsement as master mas- from port of departure to port of final ter in command of each of the fol- destination—two mates). lowing vessels: (2) MODUs of 1000 gross tons or more: (1) Every self-propelled, seagoing doc- (i) Three mates when on a voyage of umented vessel of 200 gross tons and more than 72 hours. over. (ii) Two mates when on a voyage of (2) Every self-propelled inspected ves- more than 16 but not more than 72 sel. hours. (3) Every inspected passenger vessel. (iii) One mate when on a voyage of (4) Every inspected small passenger not more than 16 hours. vessel. (3) Vessels of 100 or more gross tons (5) Every towing vessel of at least 8 but less than 1000 gross tons—two meters (at least 26 feet) or more in mates (except vessels of at least 100 but length must be under the command of less than 200 gross tons on voyages a master of towing vessels, or a mar- which do not exceed 24 hours in dura- iner holding a license or MMC endorsed tion—one mate). as master of inspected, self-propelled (4) All offshore supply vessels of 100 vessels greater than 200 gross register gross tons or more—two mates (except tons (GRT) holding either— when on a voyage of less than 600 (i) A completed Towing Officer’s As- miles—one mate). A voyage includes sessment Record (TOAR), bearing the the accrued distance from port of de- signature of a Designated Examiner parture to port of arrival and does not and stating that the Examiner found include stops at offshore points. the candidate proficient; or (5) All vessels of less than 100 gross (ii) A license or MMC with officer en- tons—one mate (except vessels on voy- dorsement for towing vessels. ages not exceeding 12 hours in duration (6) Every uninspected passenger ves- may, if the OCMI determines it to be sel of at least 100 gross tons. safe, be operated without mates).

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(c) An individual in charge of the (2) Vessels that are not authorized by navigation or maneuvering of a self- their Certificate of Inspection to pro- propelled, uninspected, documented, ceed beyond the Boundary Line estab- seagoing vessel of 200 gross tons or over lished in part 7 of this Chapter which must hold an appropriate license or are in excess of 1,600 gross tons, pro- MMC authorizing service as mate. pelled by machinery, and subject to in- (d) Each person in charge of the navi- spection under 46 U.S.C. chapter 33; and gation or maneuvering of a towing ves- (3) Vessels operating on the Great sel of at least 8 meters (at least 26 feet) Lakes that are propelled by machinery in length must satisfy the require- and subject to inspection under 46 ments of § 15.805(a)(5) of this part or U.S.C. chapter 33, or are tank barges hold a license or MMC authorizing subject to inspection under 46 U.S.C. service as either— chapter 37. (1) Mate (pilot) of towing vessels; or (b) The following individuals may (2) Mate of inspected self-propelled vessels greater than 200 GRT within serve as a pilot for a vessel subject to any other restrictions on the officer’s paragraph (a) of this section, when un- license or MMC, holding either— derway on the navigable waters of the (i) A completed Towing Officer’s As- United States that are designated sessment Record (TOAR) bearing the areas: signature from a Designated Examiner (1) An individual holding a valid first and stating that the Examiner found class pilot’s license or MMC with a the candidate proficient; or first class pilot’s endorsement, oper- (ii) A license or MMC with officer en- ating within the restrictions of his or dorsement for towing vessels. her credential, may serve as pilot on (e) The OCMI may increase the min- any vessel to which this section ap- imum number of mates indicated in plies. paragraph (b) of this section where he (2) An individual holding a valid li- or she determines that the vessel’s cense or MMC officer endorsement as characteristics, route, or other oper- master or mate, employed aboard a ating conditions create special cir- vessel within the restrictions of his or cumstances warranting an increase. her credential, may serve as pilot on a (f) The Commandant will consider re- vessel of not more than 1,600 gross tons ductions to the number of mates re- propelled by machinery, described in quired by this section when special cir- paragraphs (a)(1) and (a)(3) of this sec- cumstances allowing a vessel to be tion, provided he or she: safely operated can be demonstrated. (i) Is at least 21 years old; [CGD 81–059, 52 FR 38652, Oct. 16, 1987, as (ii) Complies with the currency of amended by CGD 81–059, 54 FR 149, Jan. 4, knowledge provisions of § 11.713 of this 1989; CGD 81–059a, 55 FR 14805, Apr. 18, 1990; chapter; and USCG-1999–6224, 64 FR 63235, Nov. 19, 1999; 66 (iii) Has completed a minimum of FR 20944, Apr. 26, 2001; USCG–2006–24371, 74 FR 11262, Mar. 16, 2009] four round trips over the route to be traversed while in the wheelhouse as § 15.812 Pilots. watchstander or observer. At least one (a) Except as specified in paragraph of the round trips must be made during (f) of this section, the following ves- the hours of darkness if the route is to sels, not sailing on register, when un- be traversed during darkness derway on the navigable waters of the (3) An individual holding a valid li- United States, must be under the direc- cense or MMC officer endorsement as tion and control of an individual quali- master, mate, or operator employed fied to serve as pilot under paragraph aboard a vessel within the restrictions (b) or (c) of this section as appropriate: of his or her credential, may serve as (1) Coastwise seagoing vessels pro- pilot on a tank barge or tank barges pelled by machinery and subject to in- totaling not more than 10,000 gross spection under 46 U.S.C. Chapter 33, tons, described in paragraphs (a)(1) and and coastwise seagoing tank barges (a)(3) of this section, provided he or subject to inspection under 46 U.S.C. she: Chapter 37; (i) Is at least 21 years old;

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(ii) Complies with the currency of ignated areas of pilotage waters, pro- knowledge provisions of § 11.713 of this vided he or she: chapter; (1) Is at least 21 years old; (iii) Has a current physical examina- (2) Complies with the currency of tion in accordance with the provisions knowledge provisions of § 11.713 of this of § 11.709 of this chapter; chapter; and (iv) Has at least six-months service (3) Has a current physical examina- in the deck department on towing ves- tion in accordance with the provisions sels engaged in towing operations; and of § 11.709 of this chapter. (v) Has completed a minimum of (d) In any instance when the quali- twelve round trips over the route to be fications of a person satisfying the re- traversed, as an observer or under in- quirements for pilotage through the struction in the wheelhouse. At least provisions of this Subpart are ques- three of the round trips must be made tioned by the Coast Guard, the indi- during the hours of darkness if the vidual shall, within a reasonable time, route is to be traversed during dark- provide the Coast Guard with docu- ness. mentation proving compliance with (c) An individual holding a valid li- the applicable portion(s) of paragraphs cense or MMC officer endorsement as (b) and (c) of this section. master, mate, or operator, employed (e) Federal pilotage requirements aboard a vessel within the restrictions contained in paragraphs (a) through (d) of his or her credential, may serve as a of this section are summarized in two pilot for a vessel subject to paragraphs quick reference tables. (a)(1) and (a)(2) of this section, when (1) Table 15.812(e)(1) provides a guide underway on the navigable waters of to the pilotage requirements for in- the United States that are not des- spected, self-propelled vessels.

TABLE 15.812(e)(1)—QUICK REFERENCE TABLE FOR FEDERAL PILOTAGE REQUIREMENTS FOR U.S. INSPECTED SELF-PROPELLED VESSELS, NOT SAILING ON REGISTER

Designated areas of pilotage waters (routes for which First Class Pilot’s li- Nondesignated areas of pilotage waters censes or MMC officer endorsements (between the three mile line and the start are issued) of traditional pilotage routes)

Inspected self-propelled vessels greater First Class Pilot ...... Master or Mate may serve as pilot if the than 1,600 GT, authorized by their individual: Certificate of Inspection (COI) to pro- 1. Is at least 21 years old. ceed beyond the Boundary Line, or op- 2. Has an annual physical exam. erating on the Great Lakes. 3. Maintains current knowledge of the waters to be navigated.1 Inspected self-propelled vessels not more First Class Pilot, or Master or Mate may Master or Mate may serve as pilot if the than 1,600 GT, authorized by their serve as pilot if the individual: individual: Certificate of Inspection to proceed be- 1. Is at least 21 years old...... 1. Is at least 21 years old. yond the Boundary Line, or operating 2. Maintains current knowledge of the 2. Maintains current knowledge of the on the Great Lakes. waters to be navigated.1 waters to be navigated.1 3. Has 4 round trips over the route.2 Inspected self-propelled vessels greater First Class Pilot ...... Master or Mate may serve as pilot if the than 1,600 GT, not authorized by their individual: COI to proceed beyond the Boundary 1. Is at least 21 years old. Line (Inland route vessels); other than 2. Has an annual physical exam. vessels operating on the Great Lakes. 3. Maintains current knowledge of the waters to be navigated.1 Inspected self-propelled vessels not more No pilotage requirement ...... No pilotage requirement. than 1,600 GT, not authorized by their COI to proceed beyond the Boundary Line (Inland route vessels); other than vessels operating on the Great Lakes.

1 One round trip within the past 60 months. 2 If the route is to be traversed during darkness, 1 of the 4 round trips must be made during darkness. (2) Table 15.812(e)(2) provides a guide to the pilotage requirements for tank barges.

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TABLE 15.812(e)(2)—QUICK REFERENCE TABLE FOR FEDERAL PILOTAGE REQUIREMENTS FOR U.S. INSPECTED TANK BARGES, NOT SAILING ON REGISTER

Tank Barges greater than 10,000 GT, au- First Class Pilot ...... Master, Mate, or Master, Mate (Pilot) of thorized by their Certificate of Inspec- towing vessels may serve as pilot if tion to proceed beyond the Boundary the individual: Line, or operating on the Great Lakes. 1. Is at least 21 years old. 2. Has an annual physical exam.1 3. Maintains current knowledge of the waters to be navigated.2 4. Has at least 6 months’ service in the deck department on towing vessels engaged in towing. Tank Barges 10,000 GT or less, author- First Class Pilot, or Master, Mate, or Master, Mate, or Master, Mate (Pilot) of ized by their Certificate of Inspection to Master, Mate (Pilot) of towing vessels towing vessels may serve as pilot if proceed beyond the Boundary Line, or may serve as pilot if the individual: the individual: operating on the Great Lakes. 1. Is at least 21 years old ...... 1. Is at least 21 years old. 2. Has an annual physical exam.1 2. Has an annual physical exam.1 3. Maintains current knowledge of the 3. Maintains current knowledge of the waters to be navigated.2 waters to be navigated.2 4. Has at least 6 months’ service in the 4. Has at least 6 months’ service in the deck department on towing vessels deck department on towing vessels engaged in towing operations. engaged in towing operations. 5. Has 12 round trips over the route.3 Tank Barges authorized by their Certifi- No pilotage requirement ...... No pilotage requirement. cate of Inspection for Inland routes only (Lakes, Bays, and Sounds/Riv- ers); other than vessels operating on the Great Lakes. 1 Annual physical exam does not apply to an individual who will serve as a pilot of a Tank Barge of less than 1,600 gross tons. 2 One round trip within the past 60 months. 3 If the route is to be traversed during darkness, 3 of the 12 round trips must be made during darkness.

(f) In Prince William Sound, Alaska, (ii) On the East by 146°00′ West lon- coastwise seagoing vessels over 1,600 gitude; gross tons and propelled by machinery (iii) On the North by 60°49′ North lati- and subject to inspection under 46 tude; and U.S.C. Chapter 37 must: (iv) On the South by that area of (1) When operating from 60°49′ north Hinchinbrook Entrance within the ter- latitude to the Port of Valdez be under ritorial sea bounded by 60° 07′ North the direction and control of an indi- latitude and 146°31.5′ West longitude. vidual holding a valid license or MMC [CGD 84–060, 59 FR 4842, Feb. 2, 1994, as endorsed as pilot who: amended by CGD 84–060, 60 FR 20652, 20653, (i) Is operating under the authority Apr. 27, 1995; USCG-2004–18884, 69 FR 58343, of a license or MMC; Sept. 30, 2004; USCG–2006–24371, 74 FR 11262, (ii) Holds a license issued by the Mar. 16, 2009] State of Alaska; and (iii) Is not a member of the crew of § 15.815 Radar observers. the vessel. (a) Each person in the required com- (2) Navigate with either two plement of deck officers, including the credentialed deck officers on the bridge master, on inspected vessels of 300 or an individual holding a valid license gross tons or over which are radar or MMC endorsed as pilot when oper- equipped, shall hold an endorsement as ating south of 60°49′ north latitude and radar observer. in the approaches through (b) Each person who is employed or Hinchinbrook Entrance and in the area serves as pilot in accordance with Fed- bounded: eral law on board vessels of 300 gross (i) On the West by a line one mile tons or over which are radar equipped, west of the western boundary of the shall hold an endorsement as radar ob- Traffic Separation Scheme; server.

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(c) Each person having to hold a li- or MMC authorizing service as a chief cense or MMC officer endorsement engineer. under 46 U.S.C. 8904(a) for employment [CGD 81–059, 52 FR 38652, Oct. 16, 1987, as or service as masteror mate on board amended by USCG–2006–24371, 74 FR 11262, an uninspected towing vessel of 8 me- Mar. 16, 2009] ters (approximately 26 feet) or more in length must, if the vessel is equipped § 15.825 Engineers. with radar, hold an endorsement as (a) An individual in charge of an en- radar observer. gineering watch on a mechanically pro- (d) Each person who is required to pelled, seagoing, documented vessel of hold a radar endorsement must have 200 gross tons or over, other than an in- their certificate of training readily dividual described in § 15.820, must hold available to demonstrate that the en- an appropriately endorsed license or dorsement is still valid. MMC authorizing service as an assist- (e) For the purposes of this section, ant engineer. (b) The Officer in Charge, Marine In- ‘‘readily available’’ means that the spection determines the minimum mariner must carry the original cer- number of credentialed engineers re- tificate of training or a notarized copy quired for the safe operation of in- thereof onboard. Alternatively, the spected vessels. mariner must provide a copy of the certificate of training to the requesting [CGD 81–059, 52 FR 38652, Oct. 16, 1987, as entity within 48 hours. The requested amended by USCG–2006–24371, 74 FR 11263, Mar. 16, 2009] material may be delivered either physically, electronically, or by facsimile. § 15.830 Radio officers. [CGD 81–059, 52 FR 38652, Oct. 16, 1987, as Radio officers are required on certain amended by CGD 94–041, 60 FR 8309, Feb. 14, merchant vessels of the United States. 1995; CGD 95–028, 62 FR 51196, Sept. 30, 1997; The determination of when a radio offi- USCG-2004–18884, 69 FR 58343, Sept. 30, 2004; cer is required is based on the Federal USCG–2006–26202, 73 FR 52795, Sept. 11, 2008; Communications Commission require- USCG–2006–24371, 74 FR 11262, Mar. 16, 2009] ments.

§ 15.820 Chief engineer. § 15.835 Staff officers. (a) There must be an individual hold- Staff officers, when carried, must be ing an MMC or license endorsed as registered as specified in part 11 of this chief engineer or other credential au- chapter. thorizing service as chief engineer em- [CGD 81–059, 52 FR 38652, Oct. 16, 1987, as ployed on board the following inspected amended by USCG–2006–24371, 74 FR 11263, mechanically propelled vessels: Mar. 16, 2009] (1) Seagoing or Great Lakes vessels of 200 gross tons and over. § 15.840 Able seamen. (2) Offshore supply vessels of more (a) With certain exceptions, 46 U.S.C. than 200 gross tons. 8702 applies to all vessels of at least 100 (3) Inland (other than Great Lakes) gross tons. At 1east 65 percent of the vessels of 300 gross tons and over, if the deck crew of these vessels, excluding OCMI determines that an individual individuals serving as officers, must be with a license or the appropriate MMC able seamen. For vessels permitted to officer endorsement responsible for the maintain a two watch system, the per- vessel’s mechanical propulsion is nec- centage of able seamen may be reduced essary. to 50 percent. (b) Able seamen are rated as: unlim- (b) An individual engaged or em- ited, limited, special, offshore supply ployed to perform the duties of chief vessel, sail, and fishing industry, under engineer on a mechanically propelled, the provisions of part 12 of this chap- uninspected, seagoing, documented ter. 46 U.S.C. 7312 specifies the cat- vessel of 200 gross tons or over must egories of able seamen (i.e., unlimited, hold an appropriately endorsed license limited, etc.) necessary to meet the requirements of 46 U.S.C. 8702.

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(c) It is the responsibility of the mas- (2) All grills, broilers, and deep-fat ter or person in charge to ensure that fryers are fitted with a grease extrac- the able seamen in the service of the tion hood per § 181.425 of this chapter. vessel meet the requirements of 46 (3) Heat and/or smoke detectors are U.S.C. 7312 and 8702. located in each galley, public accommodation space, enclosed passageway, [CGD 81–059, 52 FR 38652, Oct. 16, 1987, as berthing space, and all crew spaces. amended by USCG–2006–24371, 74 FR 11263, Mar. 16, 2009] (4) High-water alarms are located in each space with a through hull fitting § 15.845 Lifeboatmen. below the deepest load waterline, a machinery space bilge, bilge well, shaft The number of lifeboatmen required alley bilge, or other space subject to for a vessel are specified in the parts of flooding from sea water piping within the regulations dealing with the in- the space, and a space below the water- spection of that specific type of vessel. line with non-watertight closure such as a space with a non-watertight hatch § 15.850 Lookouts. on the main deck. The requirements for the mainte- (5) Each alarm has an audible- and nance of a proper lookout are specified visual-alarm indicator located at the in Rule 5 of the International Regula- normal operating station and, if the tions for Preventing Collisions at Sea, normal operating position is not con- 1972 (33 U.S.C. 1602(c)), and Rule 5 of the tinually manned and not navigating Inland Navigational Rules Act of 1980 underway, in an alternate location (33 U.S.C. 2005). Lookout is a function that must provide the crew, and may to be performed by a member of a navi- at all times provide the passengers, im- gational watch. mediate warning of a hazardous condition. [USCG–2007–29018, 72 FR 53964, Sept. 21, 2007] (6) The vessel is underway for no more than 12 hours in any 24-hour pe- § 15.855 Cabin watchmen and fire pa- riod, and the master of the vessel has trolmen. chosen to operate with less than a (a) On vessels carrying passengers at three-watch system in accordance with night, the master or person in charge § 15.705. shall ensure that a suitable number of watchmen are in the vicinity of the [CGD 81–059, 52 FR 38652, Oct. 16, 1987, as amended by USCG-1999–5040, 67 FR 34767, May cabins or staterooms and on each deck, 15, 2002] to guard against and give alarm in case of fire or other danger. § 15.860 Tankerman. (b) On a fish processing vessel of (a) The Officer in Charge, Marine In- more than 100 gross tons, there must be spection, enters on the Certificate of a suitable number of watchmen trained Inspection issued to each manned tank in firefighting on board when hot work vessel subject to the regulations in this is being done, to guard against and give chapter the number of crewmembers alarm in case of a fire. required to hold valid merchant mari- (c) For the watchmen described in ners’ documents or MMCs with the paragraph (a) of this section, the owner proper tankerman endorsement. Table or operator of an uninspected pas- 15.860(a)(1) provides the minimal re- senger vessel not more than 300 gross quirements for tankermen aboard tons may substitute the use of fire de- manned tank vessels; Table 15.860(a)(2) tectors, heat detectors, smoke detec- provides the tankerman endorsements tors, and high-water alarms with required for personnel aboard tank- audible- and visual-warning indicators, ships. in addition to other required safety (b) For each tankship of more than alarms, only when each of the fol- 5,000 gross tons certified for voyages lowing conditions are met: beyond the Boundary Line: (1) Fire detectors are located in each (1) The number of ‘‘Tankerman-PICs’’ space containing machinery or fuel or restricted ‘‘Tankerman-PICs’’ car- tanks per § 181.400(c) of this chapter. ried must be not fewer than two.

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(2) The number of ‘‘Tankerman-As- ‘‘Tankerman-PICs’’, ‘‘Tankerman-PICs sistants’’ carried must be not fewer (Barge)’’, or restricted ‘‘Tankerman- than three. PICs (Barge)’’ carried must be not (3) The number of ‘‘Tankerman-Engi- fewer than two. neers’’ carried must be not fewer than (f) The following personnel aboard two. each tankship certified for voyages be- (c) For each tankship of 5,000 gross yond the Boundary Line shall hold tons or less certified for voyages be- valid merchant mariners’ documents or yond the Boundary Line: MMCs, endorsed as follows: (1) The number of ‘‘Tankerman-PICs’’ (1) The master and chief mate shall or restricted ‘‘Tankerman-PICs’’ car- each hold a ‘‘Tankerman-PIC’’ or re- ried must be not fewer than two. stricted ‘‘Tankerman-PIC’’ endorse- (2) The number of ‘‘Tankerman-Engi- ment. neers’’ carried must be not fewer than (2) The chief, first assistant, and two, unless only one engineer is re- cargo engineers shall each hold a quired, in which case the number of ‘‘Tankerman-Engineer’’ or ‘‘Tankerman-Engineers’’ carried may ‘‘Tankerman (PIC)’’ endorsement. be just one. (3) Each credentialed officer acting (d) For each tankship not certified as the PIC of a transfer of liquid cargo for voyages beyond the Boundary Line, in bulk shall hold a ‘‘Tankerman-PIC’’ if the total crew complement is: or restricted ‘‘Tankerman-PIC’’ en- (1) One or two, the number of dorsement. ‘‘Tankerman-PICs’’ or restricted (4) Each officer or crewmember, who ‘‘Tankerman-PICs’’ carried may be just is assigned by the PIC duties and re- one. sponsibilities related to the cargo or (2) More than two, the number of cargo-handling equipment during a ‘‘Tankerman-PICs’’ or restricted transfer of liquid cargo in bulk but is ‘‘Tankerman-PICs’’ carried must be not directly supervised by the PIC, not fewer than two. shall hold a ‘‘Tankerman-Assistant’’ (e) For each tank barge manned endorsement. under § 31.15–5 of this chapter, if the (g) The endorsements required by total crew complement is: this section must be for the classifica- (1) One or two, the number of tion of the liquid cargo in bulk or of ‘‘Tankerman-PICs’’, restricted the cargo residue being carried. ‘‘Tankerman-PICs’’, ‘‘Tankerman-PICs (h) Because STCW does not recognize (Barge)’’, or restricted ‘‘Tankerman- restricted Tankerman-PIC endorse- PICs (Barge)’’ carried may be just one. ments, persons may act under these (2) More than two, the number of only aboard vessels conducting busi- ‘‘Tankerman-PICs’’, restricted ness inside the Boundary Line.

TABLE 15.860(a)(1)—MINIMAL REQUIREMENTS FOR TANKERMEN ABOARD MANNED TANK VESSELS

Tankerman Tankerman Tankerman Tankerman PIC or Tank vessels PIC assistant engineer tankerman PIC (barge)

Tankship Certified for Voyages Beyond Boundary Line: Over 5000 GT ...... 2 3 2 ...... 5000 GT or less ...... 2 ...... *2 ...... Tankship Not Certified for Voyages Beyond Boundary Line ...... **2 ...... Tank Barge ...... ***2 * If only one engineer is required, then only one Tankerman Engineer is required. ** If the total crew complement is one or two persons, then only one Tankerman PIC is required. *** If the total crew complement is one or two persons, then only one Tankerman PIC or Tankerman PIC (Barge) is required.

TABLE 15.860(a)(2)—TANKERMEN ENDORSEMENTS REQUIRED FOR PERSONNEL ABOARD TANKSHIPS [Endorsement for the Classification of the Bulk Liquid Cargo or Residues Carried]

Tankerman Tankerman Tankerman Tankship certified for voyages beyond boundary line PIC engineer assistant

Master ...... ✔ Chief Mate ...... ✔

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TABLE 15.860(a)(2)—TANKERMEN ENDORSEMENTS REQUIRED FOR PERSONNEL ABOARD TANKSHIPS—Continued [Endorsement for the Classification of the Bulk Liquid Cargo or Residues Carried]

Tankerman Tankerman Tankerman Tankship certified for voyages beyond boundary line PIC engineer assistant

Chief Engineer ...... ✔ or ✔ First Assistant Engineer ...... ✔ or ✔ Cargo Engineer ...... ✔ or ✔ Credentialed Officer Acting as PIC of Transfer of Liquid Cargo in Bulk ...... ✔ Credentialed Officer or Crewmember Not Directly Supervised by PIC ...... ✔

[CGD 79–116, 60 FR 17154, Apr. 4, 1995, as amended by CGD 79–116, 62 FR 25135, May 8, 1997; USCG–2006–24371, 74 FR 11263, Mar. 16, 2009]

Subpart H—Equivalents uninspected passenger vessel under 100 gross tons within any restrictions, § 15.901 Inspected vessels of less than other than gross tonnage limitations, 100 gross tons. on the individual’s license or MMC. (a) An individual holding a license or (b) An individual holding a license or MMC endorsed as mate or pilot of in- MMC endorsed as a master or pilot of spected, self-propelled vessels of over an inspected, self-propelled vessel is 200 gross tons is authorized to serve as authorized to serve as master, as re- master on inspected vessels of less than quired by 46 CFR 15.805(a)(6), of an 100 gross tons within any restrictions uninspected passenger vessel of at least on the individual’s license or MMC. 100 gross tons within any restrictions, (b) An individual holding a license or including gross tonnage and route, on MMC endorsed as master or mate of in- the individual’s license or MMC. spected, self-propelled vessels is au- (c) An individual holding a license or thorized to serve as master or mate, re- MMC endorsed as mate of inspected, spectively, of non-self-propelled vessels self-propelled vessels (other than Great other than sail vessels, within any re- Lakes, inland, or river vessels of not strictions on the individual’s license or more than 200 gross tons) is authorized MMC. to serve as operator of uninspected pas- (c) An individual holding a license or senger vessels of less than 100 gross MMC endorsed as master or mate of in- tons within any restrictions, other spected, sail vessels is authorized to than gross tonnage limitations, on the serve as master or mate, respectively, individual’s license or MMC. of other non-self-propelled vessels, within any restrictions on the individ- [USCG-1999–5040, 67 FR 34767, May 15, 2002, as amended by USCG–2006–24371, 74 FR 11263, ual’s license or MMC. Mar. 16, 2009] (d) An individual holding a license or MMC endorsed as master or mate of in- § 15.910 Towing vessels. spected, auxiliary sail vessels, is authorized to serve as master or mate, re- No person may serve as a master or spectively, of self-propelled and non- mate (pilot) of any towing vessel with- self-propelled vessels, within any re- out meeting the requirements of strictions on the individual’s license or §§ 15.805(a)(5) or 15.810(d) of this part. MMC. [USCG–2006–24371, 74 FR 11263, Mar. 16, 2009] [CGD 81–059, 54 FR 150, Jan. 4, 1989, as amended by USCG–2006–24371, 74 FR 11263, Mar. 16, § 15.915 Engineer Officer Endorse- 2009] ments. The following licenses and MMC offi- § 15.905 Uninspected passenger ves- cer endorsements authorize the holder sels. to serve as noted, within any restric- (a) An individual holding a license or tions on the license or MMC: MMC endorsed as master or pilot of an (a) A designated duty engineer li- inspected, self-propelled vessel is au- cense or endorsement authorizes serv- thorized to serve as operator of an ice as chief or assistant engineer on

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vessels of not more than 500 gross tons Encina Power Plant, lying within an in the following manner: area bounded by a line beginning at (1) A designated duty engineer lim- latitude 33°10′06″N, longitude ited to vessels of not more than 1000 117°21′42″W, thence southwesterly to horsepower or 4000 horsepower may latitude 33°08′54″N, longitude serve only on near coastal, Great 117°24′36″W, thence southwesterly to Lakes, or inland waters; latitude 33°04′30″N, longitude (2) A designated duty engineer with 117°21′42″W, thence northeasterly to no horsepower limitations may serve latitude 33°05′36″N, longitude on any waters. 117°18′54″W, thence northwesterly along (b) A chief engineer (limited-oceans) the shoreline to latitude 33°10′06″N, lon- license or endorsement authorizes serv- gitude 117°21′42″W. ice as chief or assistant engineer on (b) Huntington Beach, CA. The waters vessels of any gross tons on inland wa- including the Golden West Refining ters and of not more than 1600 gross Company, Huntington Beach Marine tons on ocean, near coastal, or Great Terminal, lying within an area bound- Lakes waters. ed by a line beginning at latitude (c) A chief engineer (limited-near 33°39′06″N, longitude 118°00′0″W, thence coastal) license or endorsement au- westerly to latitude 33°39′18″N, lon- thorizes service as chief or assistant gitude 118°05′12″W, thence southeast- engineer on vessels of any gross tons erly along a line drawn three nautical on inland waters and of not more than miles from the baseline to latitude 1600 gross tons on near coastal or Great 33°35′30″N, longitude 118°00′00″W, thence Lakes waters. easterly to latitude 33°35′30″N, lon- (d) An assistant engineer (limited- gitude 117°52′30″W, thence northwest- oceans) license or endorsement author- erly along the shoreline to latitude izes service on vessels of any gross tons 33°39′06″N, longitude 118°00′00″W. on inland waters and of not more than (c) El Segundo, CA. The waters includ- 1600 gross tons on ocean, near coastal, ing the Chevron USA, El Segundo Ma- or Great Lakes waters. rine Terminal, lying within an area [CGD 81–059, 54 FR 150, Jan. 4, 1989, as amend- bounded by a line beginning at latitude ed by USCG–2006–24371, 74 FR 11263, Mar. 16, 33°56′18″N, longitude 118°26′18″W, thence 2009] westerly to latitude 33°56′18″N, longitude 118°30′48″W, thence southeast- Subpart I—Vessels in Foreign erly along a line drawn three nautical Trade miles from the baseline to latitude 33°51′48″N, longitude 118°27′54″W, thence easterly to latitude 33°51′48″N, lon- SOURCE: CGD 92–061, 60 FR 24796, May 10, gitude 118°24′00″W, thence northwest- 1995, unless otherwise noted. erly along the shoreline to latitude ° ′ ″ ° ′ ″ § 15.1001 General. 33 56 18 N, longitude 118 26 18 W. (d) Oxnard, CA. The waters including Self-propelled vessels engaged in for- the Southern California Edison Com- eign commerce are required to use a pany, Mandalay Generating Station, pilot holding a valid MMC or license lying within an area bounded by a line with appropriate endorsement as a beginning at latitude 34°14′12″N, lon- first-class pilot when operating in the gitude 119°16′00″W, thence westerly to navigable waters of the United States latitude 34°14′12″N, longitude specified in this subpart. 119°19′36″W, thence southeasterly along [CGD 92–061, 60 FR 24796, May 10, 1995, as a line drawn three nautical miles from amended by USCG–2006–24371, 74 FR 11263, the baseline to latitude 34°09′24″N, lon- Mar. 16, 2009] gitude 119°17′20″W, thence easterly to latitude 34°09′24″N, longitude § 15.1010 California. 119°13′24″W, thence northwesterly along The following offshore marine oil ter- the shoreline to latitude 34°14′24″N, lon- minals located within U.S. navigable gitude 119°16′00″W. waters of the State of California: (e) Goleta, CA. The waters including (a) Carlsbad, CA. The waters includ- the ARCO, Ellwood Marine Terminal, ing the San Diego Gas and Electric, lying within an area bounded by a line

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beginning at latitude 34°26′12″N, lon- to latitude 35°07′00″N, longitude gitude 119°57′00″W, thence southerly to 120°46′00″W, thence easterly to latitude latitude 34°22′48″N, longitude 35°07′00″N, longitude 120°43′00″W, thence 119°57′00″W, thence southeasterly along northerly to latitude 35°10′24″N, lon- a line drawn three nautical miles from gitude 120°43′00″W, thence westerly the baseline to latitude 34°21′06″N, lon- along the shoreline to latitude gitude 119°50′30.5″W, thence northerly 35°09′42″N, longitude 120°46′00″W. ° ′ ″ to latitude 34 24 18 N, longitude [CGD 92–061, 60 FR 24796, Jan. 4, 1995, as 119°50′30″W, thence northwesterly along amended by USCG-1998–4442, 63 FR 52189, the shoreline to latitude 34°26′12″N, lon- Sept. 30, 1998] gitude 119°57′00″W. (f) Gaviota, CA. The waters including § 15.1020 Hawaii. the Texaco Trading and Transpor- The following offshore marine oil ter- tation, Gaviota Marine Terminal, lying minals located within U.S. navigable within an area bounded by a line begin- waters of the State of Hawaii: Barbers ning at latitude 34°28′06″N, longitude Point, Island of Oahu. The waters in- 120°16′00″W, thence southerly to lati- cluding the Hawaiian Independent Re- tude 34°25′06″N, longitude 120°16′00″W, finery, Inc. and the Chevron moorings thence easterly along a line drawn lying within an area bounded by a line three nautical miles from the baseline bearing 180 degrees true from Barbers to latitude 34°25′24″N, longitude Point Light to latitude 21°14.8′N, lon- 120°08′30″W, thence northerly to lati- gitude 158°06.4′W, thence easterly to tude 34°28′24″N, longitude 120°08′30″W, latitude 21°14.8′N, longitude 158°03.3′W, thence westerly along the shoreline to thence northeasterly to latitude latitude 34°28′06″N, longitude 21°15.6′N, longitude 158°01.1′W, thence 120°16′00″W. northwesterly to latitude 21°18.5′N, lon- (g) Moss Landing, CA. The waters in- gitude 158°02.0′W, thence westerly along cluding the Pacific Gas and Electric the shoreline to latitude 21°17.8′N, lon- Company Power Plant, lying within an gitude 158°06.4′W. area bounded by a line beginning at latitude 36°49′00″N, longitude § 15.1030 New York and New Jersey. 121°47′42″W, thence westerly to latitude The following U.S. navigable waters 36°49′00″N, longitude 121°51′00″W, thence located within the States of New York southerly to latitude 36°47′00″N, lon- and New Jersey when the vessel is gitude 121°51′00″W thence easterly to making an intra-port transit, to in- latitude 36°47′00″N, longitude clude, but not limited to, a movement 121°47′54″W, thence northerly along the from a dock to a dock, from a dock to shoreline to latitude 36°49′00″N, lon- an anchorage, from an anchorage to a gitude 121°47′42″W. dock, or from an anchorage to an an- (h) Estero Bay, CA. The waters includ- chorage, within the following listed oping various moorings, including the Pa- erating areas: cific Gas and Electric Company moor- (a) East River from Execution Rocks ing and the two Chevron Oil Company to New York Harbor, Upper Bay; Terminals lying within an area bound- (b) Hudson River from Yonkers, New ed by a line beginning at latitude York to New York Harbor, Upper Bay; 36°25′00″N, longitude 120°52′30″W, thence (c) Raritan River from Grossman westerly to latitude 36°25′00″N, lon- Dock/Arsenal to New York Harbor, gitude 120°56′00″W, thence southerly to Lower Bay; latitude 36°22′00″N, longitude (d) Arthur Kill Channel; 120°56′00″W, thence easterly to latitude (e) Kill Van Kull Channel; 36°22′00″N, longitude 120°52′12″W, thence (f) Newark Bay; northerly along the shoreline to lati- (g) Passaic River from Point No tude 36°25′00″N, longitude 120°52′30″W. Point to Newark Bay; (i) San Luis Obispo Bay, CA. The wa- (h) Hackensack River from the turn- ters including the Unocal Corporation ing basin to Newark Bay; and Avila Terminal and the approaches (i) New York Harbor, Upper and thereto, lying in an area bounded by a Lower Bay. line beginning at latitude 35°09′42″N, NOTE TO § 15.1030: ‘‘Intra-port transit’’ as longitude 120°46′00″W, thence southerly used in this section includes the movement

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of a foreign-trade vessel inbound from sea of the State of North Carolina require from the point where a State-licensed pilot a State-licensed pilot on the vessel. ceases providing pilotage to another point within the identified areas (i.e., a dock or an- [CGD 97–073, 63 FR 57255, Oct. 27, 1998] chorage). Likewise, intra-port transit also includes the movement of a foreign-trade Subpart J—Vessels Subject to vessel outbound to sea from a point within the identified areas (i.e., a dock or anchor- Requirements of STCW age) to the point where a State licensed pilot begins providing pilotage. SOURCE: CGD 95–062, 62 FR 34539, June 26, [CGD 92–061, 60 FR 24796, May 10, 1995, as 1997, unless otherwise noted. amended by USCG-2004–18884, 69 FR 58344, Sept. 30, 2004] § 15.1101 General. (a) Definitions. For purposes of this § 15.1040 Massachusetts. subpart, the term— The following U.S. navigable waters (1) STCW means the International located within the State of Massachu- Convention on Standards of Training, setts when the vessel is in transit, but Certification and Watchkeeping for not bound to or departing from a port Seafarers, 1978, as amended in 1995; within the following listed operating (2) STCW Code means the Seafarer’s areas: Training, Certification and (a) Cape Cod Bay south of latitude Watchkeeping Code; 41°48′54″N; (3) Seagoing vessel means a self-pro- (b) The Cape Cod Canal; and pelled vessel in commercial service (c) Buzzards Bay east of a line ex- that operates beyond the Boundary tending from the southernmost point Line established by 46 CFR part 7. It of Wilbur Point (latitude 41°34′55″N lon- does not include a vessel that navi- gitude 70°51′15″W) to the easternmost gates exclusively on inland waters; point of Pasque Island (latitude (4) Rest means a period of time during 41°26′55″N longitude 70°50′30″W). which the person concerned is off duty, is not performing work (which includes [CGD 92–061, 60 FR 24796, May 10, 1995, as administrative tasks such as chart cor- amended by USCG-1998–4442, 63 FR 52189, rections or preparation of port-entry Sept. 10, 1998] documents), and is allowed to sleep without being interrupted; and § 15.1050 North Carolina. (5) Overriding operational conditions (a) The following navigable waters of means circumstances in which essen- the United States within the State of tial shipboard work cannot be delayed North Carolina when the vessel is ma- for safety or environmental reasons, or neuvering while berthing or could not reasonably have been antici- unberthing, is approaching or passing pated at the commencement of the through a bridge, or is making any voyage. intra-port transit, which transit may (6) Vessel Security Officer (VSO) means include but is not limited to movement a person onboard the vessel account- from a dock to a dock, from a dock to able to the Master, designated by the an anchorage, from an anchorage to a Company as responsible for security of dock, or from an anchorage to an an- the vessel, including implementation chorage, within either of the following and maintenance of the Vessel Secu- areas: rity Plan, and for liaison with the Fa- (1) The waters of the Cape Fear River cility Security Officer and vessel’s from the boundary line established by Company Security Officer. 46 CFR 7.60 to Latitude 34° 16.5′N. (b) Except as otherwise provided in (2) The waters of the Northeast Cape § 15.1103(d), the regulations in this sub- Fear River from its confluence with part apply to seagoing vessels subject the Cape Fear River at Point Peter to to STCW. Latitude 34°17′N. (c) A vessel that has on board a valid (b) This subpart does not apply to Safety Management Certificate and a any vessel on the waters specified in copy of a Document of Compliance paragraph (a) of this section if the laws issued for that vessel in accordance

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with 46 U.S.C. 3205 is presumed in com- (SOLAS) (SOLAS is available from the pliance with the regulations in this International Maritime Organization subpart. (IMO), 4 Albert Embankment, London, SE1 7SR, England, telephone: + 44 (0)20 [CGD 95–062, 62 FR 34539, June 26, 1997, as amended by USCG–2008–0028, 73 FR 29071, 7735 7611, http://www.imo.org), has been May 20, 2008] issued. (e) You must hold documentary evi- § 15.1103 Employment and service dence to show you meet the require- within the restrictions of an STCW ments of §§ 11.1005 or 12.30–5 of this endorsement or of a certificate of chapter, as appropriate, if you are a training. master or crewmember on board a ves- (a) On board a seagoing vessel oper- sel that is— ating beyond the Boundary Line, no (1) Subject to the STCW; person may employ or engage any per- (2) Not a Ro-Ro passenger ship; and son to serve, and no person may serve, (3) Carrying more than 12 passengers in a position requiring a person to hold when on an international voyage. an STCW endorsement, including mas- (f) On board a seagoing vessel re- ter, chief mate, chief engineer, second quired to comply with provisions of the engineer, officer of the navigational or Global Maritime Distress and Safety engineering watch, or radio operator, System (GMDSS) in Chapter IV of unless the person serving holds an ap- SOLAS, no person may employ or en- propriate, valid STCW certificate or gage any person to serve, and no person endorsement issued in accordance with may serve, as the master, chief mate, part 10 or 12 of this chapter. or officer of the navigational watch, (b) On board a seagoing vessel of 500 unless the person serving holds the ap- GT or more as determined under the propriate certificate or endorsement International Tonnage Convention, no for operator of radio in GMDSS. person may employ or engage any per- (g) On board a seagoing vessel re- son to serve, and no person may serve, quired to comply with provisions of the as a rating forming part of the naviga- GMDSS in Chapter IV of SOLAS, no tional watch, except for training, un- person may employ or engage any per- less the person serving holds an appro- son to serve, and no person may serve, priate, valid STCW certificate or en- as the person designated to maintain dorsement issued in accordance with GMDSS equipment at sea, when the part 12 of this chapter. service of a person so designated is (c) On board a seagoing vessel driven used to meet the maintenance require- by main propulsion machinery of 750 ments of SOLAS Regulation IV/15, kW [1,000 hp] propulsion power or more, which allows for capability of at-sea no person may employ or engage any electronic maintenance to ensure that person to serve, and no person may radio equipment is available for radio serve, in a rating forming part of a communication, unless the person so watch in a manned engine-room, nor serving holds documentary evidence may any person be designated to per- that he or she is competent to main- form duties in a periodically unmanned tain GMDSS equipment at sea. engine-room, except for training or for (h) On board a seagoing vessel fitted the performance of duties of an un- with an Automatic Radar Plotting Aid skilled nature, unless the person serv- (ARPA), no person may employ or ening holds an appropriate, valid STCW gage any person to serve, and no person certificate or endorsement issued in ac- may serve, as the master, chief mate, cordance with part 12 of this chapter. or officer of the navigational watch, (d) You must hold documentary evi- unless the person so serving has been dence to show you meet the require- trained in the use of ARPA according ments of §§ 11.1005 or 12.30–5 of this to §§ 11.205 or 11.209 of this chapter, chapter, as appropriate, if you are a whichever is appropriate. master or crewmember on board a Ro- [CGD 95–062, 62 FR 34539, June 26, 1997, as Ro passenger ship to which a certifi- amended by USCG-1999–5610, 67 FR 55069, Oct. cate signifying compliance with the 30, 2002; USCG-2004–18884, 69 FR 58344, Sept. International Convention for the Safe- 30, 2004; USCG–2006–24371, 74 FR 11263, Mar. ty of Life at Sea, 1974, as amended 16, 2009]

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§ 15.1105 Familiarization and basic sibility, unless the person performing safety-training. it can produce evidence of having— (a) On board a seagoing vessel, no (1) Received appropriate approved person may assign any person to per- basic safety training or instruction as form shipboard duties, and no person set out in the standards of competence may perform those duties, unless the under STCW Regulation VI/1, with re- person performing them has received— spect to personal survival techniques, (1) Training in personal survival fire prevention and fire-fighting, ele- techniques as set out in the standard of mentary first aid, and personal safety competence under STCW Regulation and social responsibilities; and VI/1; or (2) Achieved or, if training has been completed, maintained competence (2) Sufficient familiarization training within the last 5 years, in accordance or instruction that he or she— with STCW regulation VI/1. (i) Can communicate with other per- (d) Fish-processing vessels in compli- sons on board about elementary safety ance with the provisions of 46 CFR part matters and understand informational 28 on instructions, drills, and safety symbols, signs, and alarm signals con- orientation are deemed to be in compli- cerning safety; ance with the requirements of this sec- (ii) Knows what to do if a person falls tion on familiarization and basic safe- overboard; if fire or smoke is detected; ty-training. or if the firm alarm or abandon-ship alarm sounds; [CGD 95–062, 62 FR 34539, June 26, 1997, as (iii) Can identify stations for muster amended by USCG-2004–18884, 69 FR 58344, and embarkation, and emergency-es- Sept. 30, 2004; USCG–2006–24371, 74 FR 11263, Mar. 16, 2009] cape routes; (iv) Can locate and don life-jackets; § 15.1107 Maintenance of merchant (v) Can raise the alarm and knows mariners’ records by owner or oper- the use of portable fire extinguishers; ator. (vi) Can take immediate action upon Each owner or operator of a U.S.-doc- encountering an accident or other med- umented seagoing vessel shall ensure ical emergency before seeking further that procedures are in place, in respect medical assistance on board; and of each merchant mariner holding a li- (vii) Can close and open the fire cense, MMC, or merchant mariner’s doors, weather-tight doors, and water- document and serving on any such ves- tight doors fitted in the vessel other sel, to ensure that the following infor- than those for hull openings. mation is maintained throughout his (b) On board a seagoing vessel, no or her service, and is readily accessible person may assign a shipboard duty or to those in management responsible for responsibility to any person who is the safety of the vessel and for the pre- serving in a position that must be vention of marine pollution: filled as part of the required crew com- (a) Medical fitness (such as results of plement, and no person may perform a recent evaluation by a medical pro- any such duty or responsibility, unless fessional certifying that the mariner is he or she is familiar with it and with physically able to perform the tasks all vessel’s arrangements, installa- and duties normally associated with a tions, equipment, procedures, and char- particular shipboard position or does acteristics relevant to his or her rou- not have an apparent medical condi- tine or emergency duties or respon- tion that disqualifies him or her from sibilities, in accordance with STCW the requirements of a particular ship- Regulation I/14. board position). (c) On board a seagoing vessel, no (b) Experience and training relevant person may assign a shipboard duty or to assigned shipboard duties (i.e., responsibility to any person who is record of training completed, and of serving in a position that must be relevant on-the-job experience ac- filled as part of the required crew com- quired). plement or who is assigned a responsi- (c) Competency in assigned shipboard bility on the muster list, and no person duties (evidenced by copies of current may perform any such duty or respon- credentials that the mariner holds, as

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well as by a record of the most recent section as well as port rotations and basic safety assessment and by in- changes in the vessel’s itinerary. stances where ship-specific familiarization has been achieved and main- [CGD 95–062, 62 FR 34539, June 26, 1997, as amended by USCG–2006–24371, 74 FR 11263, tained). Mar. 16, 2009] [CGD 95–062, 62 FR 34539, June 26, 1997, as amended by USCG–2006–24371, 74 FR 11263, § 15.1113 Vessel Security Officer (VSO). Mar. 16, 2009] After July 1, 2009, on board seagoing § 15.1109 Watches. vessel, all persons performing duties as VSO must hold a valid endorsement as Each master of a vessel that operates Vessel Security Officer. beyond the Boundary Line shall ensure observance of the principles concerning [USCG–2008–0028, 73 FR 29071, May 20, 2008] watchkeeping set out in STCW Regula- tion VIII/2 and section A-VIII/2 of the PART 16—CHEMICAL TESTING STCW Code. Subpart A—General § 15.1111 Work hours and rest periods. (a) Each person assigned duty as offi- Sec. cer in charge of a navigational or engi- 16.101 Purpose of regulations. neering watch, or duty as a rating 16.105 Definitions of terms used in this part. forming part of a navigational or engi- 16.107 Waivers. neering watch, on board any vessel 16.109 Public Interest Exclusion (PIE). that operates beyond the Boundary 16.113 Chemical drug testing. Line shall receive a minimum of 10 16.115 Penalties. hours of rest in any 24-hour period. Subpart B—Required Chemical Testing (b) The hours of rest required under paragraph (a) of this section may be di- 16.201 Application. vided into no more than two periods, of 16.203 Employer, MRO, and SAP responsibil- which one must be at least 6 hours in ities. length. 16.205 Implementation of chemical testing (c) The requirements of paragraphs programs. (a) and (b) of this section need not be 16.210 Pre-employment testing require- maintained in the case of an emer- ments. gency or drill or in other overriding 16.220 Periodic testing requirements. operational conditions. 16.230 Random testing requirements. (d) The minimum period of 10 hours 16.240 Serious marine incident testing re- of rest required under paragraph (a) of quirements. this section may be reduced to not less 16.250 Reasonable cause testing require- than 6 consecutive hours as long as— ments. 16.260 Records. (1) No reduction extends beyond 2 days; and Subpart C [Reserved] (2) Not less than 70 hours of rest are provided each 7-day period. Subpart D—Employee Assistance Programs (e) The minimum period of rest required under paragraph (a) of this sec- 16.401 Employee Assistance Program (EAP). tion may not be devoted to watchkeeping or other duties. Subpart E—Management Information (f) Watchkeeping personnel remain System subject to the work-hour limits in 46 16.500 Management Information System re- U.S.C. 8104 and to the conditions when quirements. crew members may be required to APPENDIX A [RESERVED] work. (g) The Master shall post watch AUTHORITY: 46 U.S.C. 2103, 3306, 7101, 7301, schedules where they are easily acces- and 7701; Department of Homeland Security sible. They must cover each affected Delegation No. 0170.1. member of the crew and must take into SOURCE: CGD 86–067, 53 FR 47079, Nov. 21, account the rest requirements of this 1988, unless otherwise noted.

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Subpart A—General is required by law or regulation to engage, employ, or be operated by an in- § 16.101 Purpose of regulations. dividual holding a credential issued (a) The regulations in this part pro- under this subchapter, except for the vide a means to minimize the use of in- following: toxicants by merchant marine per- (i) Individuals on fish processing ves- sonnel and to promote a drug free and sels who are primarily employed in the safe work environment. preparation of fish or fish products, or (b) These regulations prescribe the in a support position, and who have no minimum standards, procedures, and duties that directly affect the safe op- means to be used to test for the use of eration of the vessel; dangerous drugs. (ii) Scientific personnel on an ocean- (c) As part of a reasonable cause drug ographic research vessel; testing program established pursuant (iii) Individuals on industrial vessels to this part, employers may test for who are industrial personnel, as de- drugs in addition to those specified in fined in this chapter; and this part only with approval granted by (iv) Individuals not required under the Coast Guard under 49 CFR part 40 part 15 of this subchapter who have no and for substances for which the De- duties that directly affect the safe op- partment of Health and Human Serv- eration of the vessel. ices has established an approved test- Dangerous drug means a narcotic ing protocol and positive threshold. drug, a controlled substance, or a controlled-substance analog (as defined in § 16.105 Definitions of terms used in section 102 of the Comprehensive Drug this part. Abuse and Control Act of 1970 (21 U.S.C. Chemical test means a scientifically 802)). recognized test which analyzes an indi- Drug test means a chemical test of an vidual’s breath, blood, urine, saliva, individual’s urine for evidence of dan- bodily fluids, or tissues for evidence of gerous drug use. dangerous drug or alcohol use. Employer means a marine employer Consortium/Third party administrator or sponsoring organization. (C/TPA) means a service agent who pro- Fails a chemical test for dangerous vides or coordinates the provision of a drugs means that the result of a chem- variety of drug and alcohol testing ical test conducted in accordance with services to employers. C/TPAs typi- 49 CFR 40 was reported as ‘‘positive’’ by cally perform administrative tasks a Medical Review Officer because the concerning the operation of the em- chemical test indicated the presence of ployers’ drug and alcohol testing pro- a dangerous drug at a level equal to or grams. This term includes, but is not exceeding the levels established in 49 limited to, groups of employers who CFR part 40. join together to administer, as a single Marine employer means the owner, entity, the DOT drug and alcohol test- managing operator, charterer, agent, ing programs of its members. master, or person in charge of a vessel, Credential is a term used to refer to other than a recreational vessel. any or all of the following: Medical Review Officer (MRO) means a (1) Merchant mariner’s document. person who is a licensed physician and (2) Merchant mariner’s license. who is responsible for receiving and re- (3) STCW endorsement. viewing laboratory results generated (4) Certificate of registry. by an employer’s drug testing program (5) Merchant mariner credential. and evaluating medical explanations Crewmember means an individual who for certain drug test results. is: Operation means to navigate, steer, (1) Onboard a vessel acting under the direct, manage, or sail a vessel, or to authority of a credential issued under control, monitor, or maintain the ves- this subchapter, whether or not the in- sel’s main or auxiliary equipment or dividual is a member of the vessel’s systems. Operation includes: crew; or (a) Determining the vessel’s position, (2) Engaged or employed onboard a piloting, directing the vessel along a vessel owned in the United States that desired trackline, keeping account of

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the vessel’s progress through the rine industry, or their employers, are water, ordering or executing changes in associated. course, rudder position, or speed, and Stand-down means the practice of maintaining a lookout; temporarily removing a crewmember (b) Controlling, operating, moni- from the performance of safety-sen- toring, maintaining, or testing: the sitive functions based only on a report vessel’s propulsion and steering sys- from a laboratory to the MRO of a con- tems; electric power generators; bilge, firmed positive test for a drug or drug ballast, fire, and cargo pumps; deck metabolite, an adulterated test, or a machinery including winches, substituted test, before the MRO has windlasses, and lifting equipment; life- completed verification of the test re- saving equipment and appliances; fire- sult. fighting systems and equipment; and Substance Abuse Professional (SAP) navigation and communication equip- means a person who evaluates employment; and ees who have violated a DOT drug and (c) Mooring, anchoring, and line han- alcohol regulation and makes rec- dling; loading or discharging of cargo ommendations concerning education, or fuel; assembling or disassembling of treatment, follow-up testing, and tows; and maintaining the vessel’s sta- aftercare. bility and watertight integrity. Vessel owned in the United States Passes a chemical test for dangerous means any vessel documented or num- drugs means the result of a chemical bered under the laws of the United test conducted in accordance with 49 States; and any vessel owned by a cit- CFR part 40 is reported as ‘‘negative’’ izen of the United States that is not by a Medical Review Officer in accord- documented or numbered by any na- ance with that part. tion. Positive rate for random drug testing means the number of verified positive [CGD 86–067, 53 FR 47079, Nov. 21, 1988; 53 FR 48367, Nov. 30, 1988, as amended by CGD 90– results for random drug tests con- 014, 56 FR 31033, July 8, 1991; CGD 90–053, 58 ducted under this part plus the number FR 31107, May 28, 1993; CGD 93–051, 59 FR of refusals of random drug tests re- 28792, June 3, 1994; 59 FR 62226, Dec. 2, 1994; quired by this part, divided by the CGD 91–223, 60 FR 4525, Jan. 23, 1995; USCG- total number of random drug test re- 2000–7759, 66 FR 42967, Aug. 16, 2001; USCG- sults (i.e., positives, negatives, and re- 2003–16414, 69 FR 6577, Feb. 11, 2004; USCG– fusals) under this part. 2006–24371, 74 FR 11263, Mar. 16, 2009] Refuse to submit means you refused to take a drug test as set out in 49 CFR § 16.107 Waivers. 40.191. (a) To obtain a waiver from 49 CFR Serious marine incident means an 40.21 or from this part you must send event defined in 46 CFR 4.03–2. your request for a waiver to the Com- Service agent means any person or en- mandant (CG–545). tity that provides services specified (b) Employers for whom compliance under this part or 49 CFR part 40 to with this part would violate the domes- employers and/or crewmembers in con- tic laws or policies of another country nection with DOT drug and alcohol may request an exemption from the testing requirements. This includes, drug testing requirements of this part but is not limited to, collectors, BATs by submitting a written request to and STTs, laboratories, MROs, sub- Commandant (CG–545), at the address stance abuse professionals, and C/ listed in § 16.500(a). TPAs. To act as service agents, persons (c) An employer may request a waiv- and organizations must meet the quali- er from the Coast Guard in order to fications set forth in applicable sec- stand-down a crewmember following tions of 49 CFR part 40. Service agents the Medical Review Officer’s receipt of are not employers for purposes of this a laboratory report of a confirmed posi- part. tive test for a drug or drug metabolite, Sponsoring organization is any com- an adulterated test, or a substituted pany, consortium, corporation, associa- test pertaining to the crewmember. tion, union, or other organization with Consistent with 49 CFR 40.21, the re- which individuals serving in the ma- quest for a waiver must include as a

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minimum: Information about the orga- § 16.115 Penalties. nization and the proposed written com- Violation of this part is subject to pany policy concerning stand-down. the civil penalties set forth in 46 U.S.C. Specific elements required in the writ- 2115. Any person who fails to imple- ten waiver request are contained in 49 ment or conduct, or who otherwise CFR 40.21(c). fails to comply with the requirements [USCG-2000–7759, 66 FR 42967, Aug. 16, 2001, as for chemical testing for dangerous amended by USCG–2009–0702, 74 FR 49225, drugs as prescribed under this part, is Sept. 25, 2009] liable to the United States Government for a civil penalty of not more than § 16.109 Public Interest Exclusion $5,000 for each violation. Each day of a (PIE). continuing violation will constitute a Service agents are subject to Public separate violation. Interest Exclusion (PIE) actions in accordance with 49 CFR Part 40, subpart [USCG-2000–7759, 66 FR 42968, Aug. 16, 2001] R. The PIE is an action which excludes from participation in DOT’s drug and Subpart B—Required Chemical alcohol testing program any service Testing agent who, by serious noncompliance with this part or with 49 CFR part 40, § 16.201 Application. has shown that it is not currently act- (a) Chemical testing of personnel ing in a responsible manner. must be conducted as required by this [USCG-2000–7759, 66 FR 42968, Aug. 16, 2001] subpart and in accordance with the procedures detailed in 49 CFR part 40. § 16.113 Chemical drug testing. (b) If an individual fails a chemical (a) Drug testing programs required test for dangerous drugs under this by this part must be conducted in ac- part, the individual will be presumed to cordance with 49 CFR part 40, Proce- be a user of dangerous drugs. dures for Transportation Workplace (c) If an individual holding a creden- Testing Programs. This subpart sum- tial fails a chemical test for dangerous marizes the responsibilities of docu- drugs, the individual’s employer, pro- mented and licensed mariners, marine spective employer, or sponsoring orga- employers, MRO, SAP and other chem- nization must report the test results in ical testing service providers in 49 CFR writing to the nearest Coast Guard Of- part 40. The regulations in 49 CFR part ficer in Charge, Marine Inspection 40 should be consulted to determine the (OCMI). The individual must be denied specific procedures which must be es- employment as a crewmember or must tablished and utilized. Drug testing be removed from duties which directly programs required by this part must affect the safe operation of the vessel use only drug testing laboratories cer- as soon as practicable and is subject to tified by the Department of Health and suspension and revocation proceedings Human Services (DHHS). against his or her credential under 46 (b) Each specimen collected in ac- CFR part 5. cordance with this part will be tested, (d) If an individual who does not hold as provided in 49 CFR 40.85, for the fol- a credential fails a chemical test for lowing: dangerous drugs, the individual shall (1) Marijuana; be denied employment as a crew- (2) Cocaine; member or removed from duties which (3) Opiates; directly affect the safe operation of the (4) Phencyclidine (PCP); and vessel as soon as possible. (5) Amphetamines. (e) An individual who has failed a required chemical test for dangerous [USCG-2000–7759, 66 FR 42968, Aug. 16, 2001] drugs may not be re-employed aboard a

EDITORIAL NOTE: At 74 FR 11264, Mar. 16, vessel until the requirements of para- 2009, § 16.113 was amended; however, the graph (f) of this section and 46 CFR amendment could not be incorporated due to Part 5, if applicable, have been satis- inaccurate amendatory instruction. fied.

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(f) Before an individual who has § 16.205 Implementation of chemical failed a required chemical test for dan- testing programs. gerous drugs may return to work (a) When a vessel owned in the aboard a vessel, the MRO must deter- United States is operating in waters mine that the individual is drug-free that are not subject to the jurisdiction and the risk of subsequent use of dan- of the United States, the testing re- gerous drugs by that person is suffi- quirements of §§ 16.210 and 16.230 do not ciently low to justify his or her return apply to a citizen of a foreign country to work. In addition, the individual engaged or employed as pilot in accord- must agree to be subject to increased ance with the laws or customs of that unannounced testing— foreign country. (1) For a minimum of six (6) tests in the first year after the individual re- (b) Upon written request of an em- turns to work as required in 49 CFR ployer, Commandant (CG–545) will re- part 40; and view the employer’s chemical testing (2) For any additional period as de- program to determine compliance with termined by the MRO up to a total of the provisions of this part. 60 months. [CGD 90–014, 56 FR 60930, Nov. 29, 1991, as amended by 59 FR 62226, Dec. 2, 1994; CGD 95– [CGD 86–607, 53 FR 47049, November 11, 1988, 072, 60 FR 50461, Sept. 29, 1995; CGD 96–041, 61 as amended by CGD 90–014, 56 FR 31034, July FR 50726, Sept. 27, 1996; CGD 95–028, 62 FR 8, 1991; USCG-2000–7759, 66 FR 42968, Aug. 16, 2001; USCG–2006–24371, 74 FR 11264, Mar. 16, 51196, Sept. 30, 1997; USCG–2009–0702, 74 FR 2009] 49225, Sept. 25, 2009]

§ 16.203 Employer, MRO, and SAP re- § 16.210 Pre-employment testing responsibilities. quirements. (a) Employers. (1) Employers must en- (a) No marine employer shall engage sure that they and their crewmembers or employ any individual to serve as a meet the requirements of this part. crewmember unless the individual (2) Employers are responsible for all passes a chemical test for dangerous the actions of their officials, represent- drugs for that employer. atives, and agents in carrying out the (b) An employer may waive a pre-em- requirements of this part. ployment test required for a job appli- (3) All agreements and arrangements, cant by paragraph (a) of this section if written or unwritten, between and the individual provides satisfactory among employers and service agents evidence that he or she has: concerning the implementation of DOT (1) Passed a chemical test for dan- drug testing requirements are deemed, gerous drugs, required by this part, as a matter of law, to require compli- within the previous six months with no ance with all applicable provisions of subsequent positive drug tests during this part and DOT agency drug testing the remainder of the six-month period; regulations. Compliance with these or provisions is a material term of all (2) During the previous 185 days been such agreements and arrangements. subject to a random testing program (b) Medical Review Officer (MRO). (1) required by § 16.230 for at least 60 days Individuals performing MRO functions and did not fail or refuse to participate must meet the training requirements in a chemical test for dangerous drugs and follow the procedures in 49 CFR required by this part. Part 40. [CGD 90–053, 58 FR 31107, May 28, 1993, as (2) MROs may report chemical drug amended by CGD 93–051, 59 FR 28792, June 3, test results to the Coast Guard for un- 1994] employed, self-employed, or individual mariners. § 16.220 Periodic testing requirements. (c) Substance Abuse Professional (SAP). (a) Except as provided by paragraph Individuals performing SAP functions (c) of this section and § 10.227(e) of this must meet the training requirements chapter, an applicant must pass a and follow the procedures in 49 CFR chemical test for dangerous drugs for— Part 40. (1) An original issuance of a license, [USCG-2000–7759, 66 FR 42968, Aug. 16, 2001] COR, MMD, or MMC;

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(2) The first issuance, raise of grade, when multiple transactions are covered or renewal of an officer endorsement on by or requested in a single application. a merchant mariner credential; [CGD 91–223, 60 FR 4525, Jan. 23, 1995, as (3) A raise of grade of a license or amended by USCG–2006–24371, 74 FR 11264, COR; Mar. 16, 2009] (4) The first endorsement as an able seaman, lifeboatman, qualified member § 16.230 Random testing requirements. of the engine department, or (a) Marine employers shall establish tankerman; or programs for the chemical testing for (5) A reissuance of a credential with dangerous drugs on a random basis of a new expiration date. The applicant crewmembers on inspected vessels who: must provide the results of the test to (1) Occupy a position, or perform the duties and functions of a position, re- the Coast Guard Regional Examination quired by the vessel’s Certificate of In- Center (REC) at the time of submitting spection; an application. The test results must (2) Perform the duties and functions be completed and dated not more than of patrolmen or watchmen required by 185 days before submission of the appli- this chapter; or, cation. (3) Are specifically assigned the du- (b) Unless excepted under paragraph ties of warning, mustering, assembling, (c) of this section, each pilot required assisting, or controlling the movement by this subchapter to receive an annual of passengers during emergencies. physical examination must pass a (b) Marine employers shall establish chemical test for dangerous drugs as a programs for the chemical testing for part of that examination, and provide dangerous drugs on a random basis of the results to the Coast Guard. Appli- crewmembers on uninspected vessels cants need not submit additional cop- who: ies of their annual chemical test for (1) Are required by law or regulation dangerous drugs pursuant to paragraph to hold a license issued by the Coast (a) of this section if the applicant sub- Guard in order to perform their duties mitted passing results of a chemical on the vessel; test for dangerous drugs to the Coast (2) Perform duties and functions directly related to the safe operation of Guard within 12 months of the date of the vessel; application. (3) Perform the duties and functions (c) An applicant need not submit evi- of patrolmen or watchmen required by dence of passing a chemical test for this chapter; or, dangerous drugs required by paragraph (4) Are specifically assigned the du- (a) or (b) of this section if he or she ties of warning, mustering, assembling, provides satisfactory evidence that he assisting, or controlling the movement or she has— of passengers during emergencies. (1) Passed a chemical test for dan- (c) The selection of crewmembers for gerous drugs required by this part random drug testing shall be made by a within the previous six months with no scientifically valid method, such as a subsequent positive chemical tests dur- random number table or a computer- ing the remainder of the 6-month pe- based random number generator that is riod; or matched with crewmembers’ Social Se- (2) During the previous 185 days been curity numbers, payroll identification subject to a random testing program numbers, or other comparable identi- required by § 16.230 for at least 60 days fying numbers. Under the testing fre- and did not fail or refuse to participate quency and selection process used, each covered crewmember shall have an in a chemical test for dangerous drugs equal chance of being tested each time required by this part. selections are made and an employee’s (d) Except as provided by paragraph chance of selection shall continue to (b) of this section, an applicant is re- exist throughout his or her employ- quired to provide the results of only ment. As an alternative, random selec- one chemical test for dangerous drugs tion may be accomplished by periodically selecting one or more vessels and

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testing all crewmembers covered by mandant will increase the minimum this section, provided that each vessel annual percentage rate for random subject to the marine employer’s test drug testing to 50 percent of all covered program remains equally subject to se- crewmembers. lection. (g) Marine employers shall randomly (d) Marine employers may form or select a sufficient number of covered otherwise use sponsoring organiza- crewmembers for testing during each tions, or may use contractors, to con- calendar year to equal an annual rate duct the random chemical testing pro- not less than the minimum annual per- grams required by this part. centage rate for random drug testing (e) Except as provided in paragraph determined by the Commandant. If the (f) of this section, the minimum annual marine employer conducts random percentage rate for random drug test- drug testing through a consortium, the ing shall be 50 percent of covered crew- number of crewmembers to be tested members. may be calculated for each individual (f) The annual rate for random drug marine employer or may be based on testing may be adjusted in accordance the total number of covered crew- with this paragraph. members covered by the consortium (1) The Commandant’s decision to in- who are subject to random drug testing crease or decrease the minimum an- at the same minimum annual percent- nual percentage rate for random drug age rate under this part or any DOT testing is based on the reported ran- drug testing rule. dom positive rate for the entire indus- (h) Each marine employer shall entry. All information used for this de- sure that random drug tests conducted termination is drawn from the drug under this part are unannounced and MIS reports required by this part. In that the dates for administering ran- order to ensure reliability of the data, dom tests are spread reasonably the Commandant considers the quality throughout the calendar year. and completeness of the reported data, (i) If a given covered crewmember is may obtain additional information or reports from marine employers, and subject to random drug testing under may make appropriate modifications the drug testing rules of more than one in calculating the industry random DOT agency for the same marine em- positive rate. Each year, the Com- ployer, the crewmember shall be subject to random drug testing at the per- mandant will publish in the FEDERAL centage rate established for the cal- REGISTER the minimum annual percentage rate for random drug testing of endar year by the DOT agency regu- covered crewmembers. The new min- lating more than 50 percent of the imum annual percentage rate for ran- crewmember’s function. dom drug testing will be applicable (j) If a marine employer is required starting January 1 of the calendar year to conduct random drug testing under following publication. the drug testing rules of more than one (2) When the minimum annual per- DOT agency, the marine employer centage rate for random drug testing is may— 50 percent, the Commandant may lower (1) Establish separate pools for ran- this rate to 25 percent of all covered dom selection, with each pool con- crewmembers if the Commandant de- taining the covered crewmembers who termines that the data received under are subject to testing at the same re- the reporting requirements of 46 CFR quired rate; or 16.500 for two consecutive calendar (2) Randomly select such crew- years indicate that the positive rate is members for testing at the highest per- less than 1.0 percent. centage rate established for the cal- (3) When the minimum annual per- endar year by any DOT agency to centage rate for random drug testing is which the marine employer is subject. 25 percent, and the data received under (k) An individual may not be engaged the reporting requirements of 46 CFR or employed, including self-employ- 16.500 for any calendar year indicate ment, on a vessel in a position as mas- that the positive rate is equal to or ter, operator, or person in charge for greater than 1.0 percent, the Com- which a credential is required by law or

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regulation unless all crewmembers cov- entered in the vessel’s official log ered by this section are subject to the book, if one is required. random testing requirements of this [CGD 86–067, 53 FR 47079, Nov. 21, 1988, as section. amended by USCG–2006–24371, 74 FR 11264, Mar. 16, 2009] [CGD 90–014, 56 FR 31034, July 8, 1991, as amended by 59 FR 62227, Dec. 2, 1994; USCG– § 16.260 Records. 2006–24371, 74 FR 11264, Mar. 16, 2009] (a) Employers must maintain records EDITORIAL NOTE: At 74 FR 11264, Mar. 16, of chemical tests as provided in 49 CFR 2009, § 16.230 was amended; however, a portion 40.333 and must make these records of the amendment could not be incorporated available to Coast Guard officials upon due to inaccurate amendatory instruction. request. § 16.240 Serious marine incident test- (b) The records shall be sufficient to: ing requirements. (1) Satisfy the requirements of §§ 16.210(b) and 16.220(c) of this part. The marine employer shall ensure (2) Identify the total number of indi- that all persons directly involved in a viduals chemically tested annually for serious marine incident are chemically dangerous drugs in each of the cat- tested for evidence of dangerous drugs egories of testing required by this part and alcohol in accordance with the re- including the annual number of indi- quirements of 46 CFR 4.06. viduals failing chemical tests and the number and types of drugs for which § 16.250 Reasonable cause testing re- individuals tested positive. quirements. [CGD 86–067, 53 FR 47079, Nov. 21, 1988, as (a) The marine employer shall re- amended by CGD 91–223, 60 FR 4526, Jan. 23, quire any crewmember engaged or em- 1995; USCG-2000–7759, 66 FR 42968, Aug. 16, ployed on board a vessel owned in the 2001] United States that is required by law or regulation to engage, employ or be Subpart C [Reserved] operated by an individual holding a credential issued under this sub- Subpart D—Employee Assistance chapter, who is reasonably suspected of Programs using a dangerous drug to be chemically tested for dangerous drugs. § 16.401 Employee Assistance Program (b) The marine employer’s decision (EAP). to test must be based on a reasonable The employer shall provide an Em- and articulable belief that the indi- ployee Assistance Program (EAP) for vidual has used a dangerous drug based all crewmembers. The employer may on direct observation of specific, con- establish the EAP as a part of its inter- temporaneous physical, behavioral, or nal personnel services or the employer performance indicators of probable use. may contract with an entity that will Where practicable, this belief should be provide EAP services to a crewmember. based on the observation of the indi- Each EAP must include education and vidual by two persons in supervisory training on drug use for crewmembers positions. and the employer’s supervisory per- (c) When the marine employer re- sonnel as provided below: (a) EAP education program: Each EAP quires testing of an individual under education program must include at the provisions of this section, the indi- least the following elements: display vidual must be informed of that fact and distribution of informational ma- and directed to provide a urine speci- terial; display and distribution of a men as soon as practicable. This fact community service hot-line telephone shall be entered in the vessel’s official number for crewmember assistance, log book, if one is required. and display and distribution of the em- (d) If an individual refuses to provide ployer’s policy regarding drug and al- a urine specimen when directed to do cohol use in the workplace. so by the employer under the provi- (b) EAP training program: An EAP sions of this section, this fact shall be training program must be conducted

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for the employer’s crewmembers and (OMB Number: 2105–0529) by mail to supervisory personnel. The training Commandant (CG–545), 2100 2nd St. program must include at least the fol- SW., Stop 7581, Washington, DC 20593– lowing elements: the effects and con- 7581 or by Internet at http:// sequences of drug and alcohol use on www.uscg.mil/hq/g-m/moa/dapip.htm. personal health, safety, and work envi- (2) The DOT Drug and Alcohol Test- ronment; the manifestations and being MIS form can be downloaded and havioral cues that may indicate drug printed from http://www.uscg.mil/hq/g-m/ and alcohol use and abuse; and docu- moa/dapip.htm or may be obtained from mentation of training given to crew- any Sector Office. members and the employer’s super- (3) A consortium or other employer visory personnel. Supervisory per- representative may submit data for a sonnel must receive at least 60 minutes marine employer. Reports may contain of training. data for more than one marine employer. Each report, however, must list Subpart E—Management the marine employers included in the Information System report. (4) Marine employers must ensure § 16.500 Management Information Sys- that data submitted by a consortium tem requirements. or other employer representative under (a) Data collection. (1) All marine em- paragraph (b)(3) of this section is cor- ployers must submit drug testing pro- rect. gram data required by 49 CFR 40.26 and (c) After filing 3 consecutive annual Appendix H to 49 CFR part 40. MIS reports since January 1, 1996, re- (2) The provisions in 49 CFR part 40 quired by paragraph (b) of this section, for alcohol testing do not apply to the marine employers with 10 or fewer cov- Coast Guard or to marine employers, ered employees may stop filing the an- and alcohol testing data is not required nual report each succeeding year dur- or permitted to be submitted by this ing which they have no more than 10 section. covered employees. (b) Data reporting. (1) By March 15 of the year following the collection of the [USCG-1998–4469, 64 FR 22559, Apr. 27, 1999; 64 FR 31989, June 15, 1999, as amended by USCG- data in paragraph (a) of this section, 2003–16414, 69 FR 6578, Feb. 11, 2004; USCG– marine employers must submit the 2006–25556, 72 FR 36330, July 2, 2007; USCG– data on the form titled U.S. Depart- 2009–0702, 74 FR 49225, Sept. 25, 2009] ment of Transportation Drug and Alco- hol Testing MIS Data Collection Form APPENDIX A [RESERVED]

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PART 24—GENERAL PROVISIONS imum requirements for uninspected commercial vessels, certain motor ves- Subpart 24.01—Purpose sels, vessels propelled by sail carrying passengers for hire, and barges car- Sec. rying passengers for hire. 24.01–1 Purpose of regulations. 24.01–7 Right of appeal. [CGD 95–028, 62 FR 51196, Sept. 30, 1997]

Subpart 24.05—Application § 24.01–7 Right of appeal. 24.05–1 Vessels subject to the requirements Any person directly affected by a de- of this subchapter. cision or action taken under this sub- 24.05–5 Specific application noted in text. chapter, by or on behalf of the Coast Subpart 24.10—Definition of Terms Used in Guard, may appeal therefrom in ac- This Subchapter cordance with subpart 1.03 of this chapter. 24.10–1 Definitions [CGD 88–033, 54 FR 50380, Dec. 6, 1989] Subpart 24.15—Equivalents 24.15–1 Conditions under which equivalents Subpart 24.05—Application may be used. 24.15–5 Canadian pleasure craft temporarily § 24.05–1 Vessels subject to the re- using navigable waters of the United quirements of this subchapter. States. (a) This subchapter is applicable to Subpart 24.20—General Marine all vessels indicated in Column 5 of Engineering Requirements Table 24.05–1(a), and is applicable to all such U.S.-flag vessels, and to all such 24.20–1 Marine engineering details. foreign-flag vessels, except as follows: AUTHORITY: 46 U.S.C. 2113, 3306, 4104, 4302; (1) Any vessel operating exclusively Pub. L. 103–206; 107 Stat.2439; E.O. 12234; 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Depart- on inland waters which are not navi- ment of Homeland Security Delegation No. gable waters of the United States. 0170.1. (2) Any vessel while laid up and dis- SOURCE: CGFR 65–50, 30 FR 16650, Dec. 30, mantled and out of commission. 1965, unless otherwise noted. (3) With the exception of vessels of the U.S. Maritime Administration, any Subpart 24.01—Purpose vessel with title vested in the United States and which is used for public pur- § 24.01–1 Purpose of regulations. poses. The purpose of the regulations in this subchapter is to set forth uniform min-

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[CGFR 65–50, 30 FR 16650, Dec. 30, 1965, as amended by CGFR 67–33, 33 FR 1104, Jan. 27, 1968; CGFR 70–10, 35 FR 3707, Feb. 25, 1970; CGD 72–172R, 38 FR 3116, Mar. 28, 1973; CGD 73–96, 42 FR 49023, 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; USCG-1999–5040, 67 FR 34768, May 15, 2002; USCG–2008–1107; 74 FR 63628, Dec. 4, 2009]

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§ 24.05–5 Specific application noted in including pecuniary payment accruing text. to an individual, person, or entity but (a) At the beginning of the various not including a voluntary sharing of parts, subparts, and sections, a more the actual expenses of the voyage by specific application is generally given monetary contribution or donation of for the particular portion of the text fuel, food, beverage, or other supplies. involved. This application sets forth Headquarters means the Office of the the types, sizes, or services of vessels Commandant, United States Coast to which the text pertains, and in Guard, Washington, DC. many cases limits the application of International voyage means a voyage the text to vessels contracted for be- between a country to which SOLAS ap- fore or after a specific date. As used in plies and a port outside that country. A this subchapter, the term vessels con- country, as used in this definition, in- tracted for includes not only the con- cludes every territory for the inter- tracting for the construction of a ves- national relations of which a con- sel, but also the contracting for a ma- tracting government to the convention terial alteration to a vessel, the con- is responsible or for which the United tracting for the conversion of a vessel Nations is the administering authority. to a passenger vessel, and the changing For the U.S., the term ‘‘territory’’ in- of service or route of a vessel if such cludes the Commonwealth of Puerto change increases or modifies the gen- Rico, all possessions of the United eral requirements for the vessel or in- States, and all lands held by the United creases the hazards to which it might States under a protectorate or man- be subjected. date. For the purposes of this sub- (b) [Reserved] chapter, vessels are not considered as being on an ‘‘international voyage’’ Subpart 24.10—Definition of Terms when solely navigating the Great Used in This Subchapter Lakes and the St. Lawrence River as far east as a straight line drawn from Cap des Rosiers to West Point, Anti- SOURCE: USCG-1999–5040, 67 FR 34775, May 15, 2002, unless otherwise noted. costi Island and, on the north side of Anticosti Island, the 63rd meridian. § 24.10–1 Definitions. Marine inspector or inspector means Approved means approved by the any person from the civilian or mili- Commandant, unless otherwise stated. tary branch of the Coast Guard as- Barge means a non-self-propelled ves- signed under the direction of an Officer sel. in Charge, Marine Inspection, or any Carrying freight for hire means the other person designated to perform du- carriage of any goods, wares, or mer- ties related to the inspection, enforce- chandise, or any other freight for a ment, and administration of Subtitle consideration, whether directly or indi- II, Title 46 U.S. Code; Title 33 U.S. rectly flowing to the owner, charterer, Code; and regulations issued under operator, agent, or any other person in- these statutes. terested in the vessel. Motor vessel means any vessel more Coast Guard District Commander than 65 feet in length, which is pro- means an officer of the Coast Guard pelled by machinery other than steam. designated as such by the Commandant Motorboat means any vessel indicated to command all Coast Guard activities in column five of Table 24.05–1(a) in within his or her district, which in- § 24.05–1, 65 feet in length or less, which cludes the inspection, enforcement, is equipped with propulsion machinery and administration of Subtitle II, Title (including steam). The length must be 46 U.S. Code; Title 33 U.S. Code; and measured from end-to-end over the regulations issued under these stat- deck, excluding sheer. This term in- utes. cludes a boat equipped with a detach- Commandant means the Commandant able motor. For the purpose of this of the United States Coast Guard. subchapter, motorboats are included Consideration means an economic under the term vessel, unless specifi- benefit, inducement, right, or profit, cally noted otherwise.

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(1) The various length categories of as a condition of carriage on the vessel, motorboats are as follows: whether directly or indirectly flowing (i) Any motorboat less than 16 feet in to the owner, charterer, operator, length. agent, or any other person having an (ii) Any motorboat 16 feet or over and interest in the vessel. less than 26 feet in length. Survival craft, when used on an (iii) Any motorboat 26 feet or over uninspected passenger vessel over 100 and less than 40 feet in length. gross tons means a lifeboat, inflatable (iv) Any motorboat 40 feet or over liferaft, inflatable buoyant apparatus, and not more than 65 feet in length. or small boat. (2) The expression ‘‘length must be Vessel, as used in this subpart in- measured from end-to-end over the cludes all vessels indicated in column deck excluding sheer’’ means a five of Table 24.05–1(a) in § 24.05–1, un- straight-line measurement of the over- less otherwise noted in this subpart. all length from the foremost part of Uninspected passenger vessel means an the vessel to the aftermost part of the uninspected vessel— vessel, measured parallel to the center- (1) Of at least 100 gross tons; line. Bowsprits, bumpkins, rudders, (i) Carrying not more than 12 pas- outboard motor brackets, and similar sengers, including at least one pas- fittings or attachments, are not to be senger-for-hire; or included in the measurement. Length (ii) That is chartered with the crew must be stated in feet and inches. provided or specified by the owner or Oceans means a route that goes be- the owner’s representative and car- yond 20 nautical miles offshore on any rying not more than 12 passengers; and of the following waters: (2) Of less than 100 gross tons; (1) Any ocean. (i) Carrying not more than six pas- (2) The Gulf of Mexico. sengers, including at least one pas- (3) The Caribbean Sea. senger-for-hire; or (4) The Bering Sea. (5) The Gulf of Alaska. (ii) That is chartered with the crew (6) Such other similar waters as may provided or specified by the owner or be designated by a Coast Guard Dis- the owner’s representative and car- trict Commander. rying not more than six passengers. Officer in Charge, Marine Inspection or OCMI means any person from the civil- Subpart 24.15—Equivalents ian or military branch of the Coast Guard designated as such by the Com- § 24.15–1 Conditions under which mandant and who, under the direction equivalents may be used. of the Coast Guard District Com- (a) Where in this subchapter it is pro- mander, is in charge of an inspection vided that a particular fitting, mate- zone for performance of duties related rial, appliance, apparatus, or equip- to the inspection, enforcement, and ad- ment, or type thereof, shall be fitted or ministration of Subtitle II, Title 46 carried in a vessel, or that any par- U.S. Code; Title 33 U.S. Code; and regu- ticular provision shall be made or ar- lations issued under these statutes. rangement shall be adopted, the Com- Passenger means an individual carried mandant may accept in substitution on a vessel, except— therefor any other fitting, material, (1) The owner or an individual rep- apparatus, or equipment, or type there- resentative of the owner, or in the case of, or any other arrangement: Provided, of a vessel under charter, an individual That he shall have been satisfied by charterer or individual representative suitable trials that the fitting, mate- of the charterer; rial, appliance, apparatus, or equip- (2) The master; or ment, or type thereof, or the provision (3) A member of the crew engaged in or arrangement is at least as effective the business of the vessel, who has not as that specified in this subchapter. contributed consideration for carriage, (b) In any case where it is shown to and who is paid for onboard services. the satisfaction of the Commandant Passenger-for-hire means a passenger that the use of any particular equip- for whom consideration is contributed ment, apparatus, or arrangement not

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specifically required by law is unrea- 25.25–5 Life preservers and other lifesaving sonable or impracticable, the Com- equipment required. mandant may permit the use of alter- 25.25–7 Marking. nate equipment, apparatus, or arrange- 25.25–9 Storage. ment to such an extent and upon such 25.25–11 Condition. conditions as will insure to his satis- 25.25–13 Personal flotation device lights. faction, a degree of safety consistent 25.25–15 Retroreflective material for per- with the minimum standards set forth sonal flotation devices. in this subchapter. 25.25–17 Survival craft requirements for uninspected passenger vessels of at least § 24.15–5 Canadian pleasure craft tem- 100 gross tons. porarily using navigable waters of 25.25–19 Visual distress signals. the United States. Subpart 25.26—Emergency Position Uninspected Canadian pleasure craft Indicating Radio Beacons (EPIRB) (uninspected vessels) temporarily using navigable waters of the United States 25.26–1 Definitions. may carry in lieu of the equipment re- 25.26–5 Commercial fishing industry vessels. quired by this subchapter, the equip- 25.26–10 EPIRB requirements for ment as required by the laws of the Do- uninspected passenger vessels. minion of Canada and the regulations 25.26–20 Other manned uninspected commer- of the Department of Transport, Ot- cial vessels. tawa, Canada. 25.26–50 Servicing of EPIRBs. 25.26–60 Exemptions. [CGFR 65–50, 30 FR 16650, Dec. 30, 1965, as amended by CGD 95–028, 62 FR 51196, Sept. 30, Subpart 25.30—Fire Extinguishing 1997] Equipment Subpart 24.20—General Marine 25.30–1 Application. 25.30–5 General provisions. Engineering Requirements 25.30–10 Hand-portable fire extinguishers and semi-portable fire-extinguishing sys- § 24.20–1 Marine engineering details. tems. (a) All marine engineering details 25.30–15 Fixed fire-extinguishing systems. relative to the design, construction, 25.30–20 Fire extinguishing equipment re- and testing of boilers and machinery quired. on steam-propelled motorboats of over 25.30–90 Vessels contracted for prior to No- 40 feet in length will be found in sub- vember 19, 1952. chapter F (Marine Engineering) of this chapter. Subpart 25.35—Backfire Flame Control 25.35–1 Requirements. PART 25—REQUIREMENTS Subpart 25.40—Ventilation Subpart 25.01—Application 25.40–1 Tanks and engine spaces. Sec. 25.01–1 Applicable to all vessels. Subpart 25.45—Cooking, Heating, and 25.01–3 Incorporation by reference. Lighting Systems 25.01–5 OMB control numbers assigned pursuant to the Paperwork Reduction Act. 25.45–1 Heating and lighting systems on vessels carrying passengers for hire. Subpart 25.10—Navigation lights 25.45–2 Cooking systems on vessels carrying passengers for hire. 25.10–1 Applicability. 25.10–2 Definitions. Subpart 25.50—Garbage Retention 25.10–3 Navigation light certification requirements. 25.50–1 Criteria. AUTHORITY: 33 U.S.C. 1903(b); 46 U.S.C. 3306, Subpart 25.25—Life Preservers and Other 4102, 4302; Department of Homeland Security Lifesaving Equipment Delegation No. 0170.1.

25.25–1 Application. SOURCE: CGFR 65–50, 30 FR 16653, Dec. 30, 25.25–3 Definitions. 1965, unless otherwise noted.

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Subpart 25.01—Application Underwriter’s Laboratories (UL) 12 Laboratory Drive, Research Triangle § 25.01–1 Applicable to all vessels. Park, NC 27709 UL 1111, Marine Carburetor Flame Ar- (a) The provisions of this part shall restors, June 1988...... 25.35–1 apply to all vessels except as specifically noted. [CGD 88–032, 56 FR 35820, July 29, 1991, as amended by CGD 95–072, 60 FR 50461, Sept. 29, § 25.01–3 Incorporation by reference. 1995; CGD 95–072, 60 FR 54106, Oct. 19, 1995; CGD 96–041, 61 FR 50726, Sept. 27, 1996; USCG- (a) Certain material is incorporated 1999–6580, 66 FR 55091, Nov. 1, 2001; USCG– by reference into this part with the ap- 2009–0702, 74 FR 49225, Sept. 25, 2009; USCG– proval of the Director of the Federal 2010–0759, 75 FR 60002, Sept. 29, 2010] Register in accordance with 5 U.S.C. § 25.01–5 OMB control numbers as- 552(a). To enforce any edition other signed pursuant to the Paperwork than that specified in paragraph (b) of Reduction Act. this section, the Coast Guard must (a) Purpose. This section collects and publish notice of change in the FED- displays the control numbers assigned ERAL REGISTER and make the material available to the public. All approved to information collection and record- material is on file at the U.S. Coast keeping requirements in this sub- Guard, Office of Vessel Activities (CG– chapter by the Office of Management 543), 2100 2nd St. SW., Stop 7581, Wash- and Budget (OMB) pursuant to the Pa- ington, DC 20593–7581 or at the National perwork Reduction Act of 1980 (44 Archives and Records Administration U.S.C. 3501 et seq.). The Coast Guard in- (NARA). For information on the avail- tends that this section comply with the ability of this material at NARA, call requirements of 44 U.S.C. 3507(f), which 202–741–6030, or go to: http:// requires that agencies display a current control number assigned by the www.archives.gov/federallregister/ Director of the OMB for each approved codeloflfederallregulations/ agency information collection require- ibrllocations.html. All material is available from the sources indicated in ment. paragraph (b) of this section. (b) Display. (b) The material approved for incor- 46 CFR part or section where identified or de- Current poration by reference in this part and OMB control scribed No. the sections affected are: § 25.45–2 ...... 1625–0099 American Boat and Yacht Council (ABYC) 613 Third Street, Suite 10, Annapolis, MD [CGD 83–013, 54 FR 6401, Feb. 10, 1989 and CGD 21403 83–013, 55 FR 3959, Feb. 6, 1990; USCG-2004– Standard A-1–78, Marine LPG-Lique- 18884, 69 FR 58344, Sept. 30, 2004] fied Petroleum Gas Systems, De- cember 15, 1978 ...... 25.45–2 Subpart 25.10—Navigation Lights Standard A-22–78, Marine CNG-Com- pressed Natural Gas Systems, De- cember 15, 1978 ...... 25.45–2 SOURCE: USCG-1999–6580, 66 FR 55091, Nov. Standard A-16–97, Electric Navigation 1, 2001, unless otherwise noted. Lights, July 1997 ...... 25.10–3 § 25.10–1 Applicability. National Fire Protection Association (NFPA) This subpart applies to vessel manu- 1 Batterymarch Park, Quincy, MA 02269 facturers, distributors, and dealers in- NFPA 302, Fire Protection Standard stalling navigation lights on all for Pleasure and Commercial uninspected commercial vessels, except Motor Craft, 1989...... 25.45–2 those completed before November 7, Society of Automotive Engineers (SAE) 2002. 400 Commonwealth Drive, Warrendale, PA § 25.10–2 Definitions. 15096 SAE J–1928, Devices Providing Back- As used in this subpart: fire Flame Control for Gasoline Dealer means any person who is en- Engines in Marine Applications, gaged in the sale and distribution of June 1989...... 25.35–1 vessels to purchasers who the seller in

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good faith believes to be purchasing (2) Mark each light ‘‘USCG’’ followed any such vessel for purposes other than by the certified range of visibility in resale. nautical miles, for example, ‘‘USCG Distributor means any person engaged 2nm.’’ Once installed, this mark must in the sale and distribution of vessels be visible without removing the light. for the purpose of resale. Manufacturer means any person en- Subpart 25.25—Life Preservers and gaged in: Other Lifesaving Equipment (1) The manufacture, construction, or assembly of vessels, or SOURCE: CGD 72–172R, 38 FR 8117, Mar. 28, (2) The importation of vessels into 1973, unless otherwise noted. the United States for subsequent sale. Navigation lights are those lights pre- § 25.25–1 Application. scribed by the Navigation Rules (Com- This subpart applies to each vessel to mandant Instruction 16672.2 series) to which this part applies, except: indicate a vessel’s presence, type, oper- (a) Vessels used for noncommercial ation, and relative heading. use; (b) Vessels leased, rented, or char- § 25.10–3 Navigation light certification requirements. tered to another for the latter’s noncommercial use; (a) Except as provided by paragraph (c) Commercial vessels propelled by (b) of this section, each navigation sail not carrying passengers for hire; or light must— (d) Commercial barges not carrying (1) Meet the technical standards of passengers for hire. the applicable Navigation Rules; (2) Be certified by a laboratory listed § 25.25–3 Definitions. by the Coast Guard to the standards of As used in this subpart: ABYC A-16 (incorporated by reference, (a) Approved means approved under see § 25.01–3), or equivalent, although subchapter Q of this chapter. portable battery-powered lights need (b) Use means operate, navigate, or only meet the requirements of the employ. standard applicable to them; and (3) Bear a permanent and indelible § 25.25–5 Life preservers and other label stating the following: lifesaving equipment required. (i) ‘‘USCG Approval 33 CFR 183.810’’ (a) No person may operate a vessel to (ii) ‘‘MEETS ll.’’ (Insert the identi- which this subpart applies unless it fication name or number of the stand- meets the requirements of this subpart. ard under paragraph (a)(2) of this sec- (b) Each vessel not carrying pas- tion, to which the light was type-test- sengers for hire, less than 40 feet in ed.) length must have at least one life pre- (iii) ‘‘TESTED BY ll.’’ (Insert the server (Type I PFD), buoyant vest name or registered certification-mark (Type II PFD), or marine buoyant de- of the laboratory listed by the Coast vice intended to be worn (Type III Guard that tested the fixture to the PFD), approved under subchapter Q of standard under paragraph (a)(2) of this a suitable size for each person on section.) board. Kapok and fibrous glass life pre- (iv) Name of Manufacturer. servers that do not have plastic-cov- (v) Number of Model. ered pad inserts as required by sub- (vi) Visibility of the light in nautical parts 160.062 and 160.005 of this chapter miles (nm). are not acceptable as equipment re- (vii) Date on which the light was quired by this paragraph. type-tested. (c) Each vessel carrying passengers (viii) Identification of bulb used in for hire and each vessel 40 feet in the compliance test. length or longer not carrying pas- (b) If a light is too small to attach sengers for hire must have at least one the required label— life preserver approved under sub- (1) Place the information from the chapter Q of a suitable size for each label in or on the package that con- person on board. Kapok and fibrous tains the light; and glass life preservers which do not have

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plastic-covered pad inserts as required § 25.25–9 Storage. by subparts 160.002 and 160.005 of this (a) The lifesaving equipment de- chapter are not acceptable as equip- signed to be worn required in § 25.25–5 ment required by this paragraph. (b), (c) and (e) must be readily acces- (d) In addition to the equipment re- sible. quired by paragraph (b) and (c) of this section, each vessel 26 feet in length or (b) Lifesaving equipment designed to longer must have at least one approved be thrown required in § 25.25–5(d) must ring life buoy, and each uninspected be immediately available. passenger vessel of at least 100 gross [CGD 72–172R, 38 FR 8117, Mar. 28, 1973, as tons must have at least three ring life amended by CGD 82–075a, 49 FR 4483, Feb. 7, buoys. Ring life buoys must be con- 1984] structed per subpart 160.050 of part 160 of this chapter. The exception is a ring § 25.25–11 Condition. life buoy that was approved prior to The lifesaving equipment required by May 9, 1979, under former subpart this subpart must be in serviceable 160.009 of part 160 of this chapter (see 46 condition. CFR chapter I, revised as of October 1, 1979), which may be used as long as it § 25.25–13 Personal flotation device is in good and serviceable condition. lights. (e) Each vessel not carrying pas- (a) This section applies to vessels de- sengers for hire may substitute an im- scribed in § 25.25–1 that engage in mersion suit for a life preserver, buoy- ocean, coastwise, or Great Lakes voy- ant vest, or marine buoyant device re- ages. quired under paragraphs (b) or (c) of (b) Each immersion suit carried in this section. Each immersion suit car- accordance with § 25.25–5(e), each life ried in accordance with this paragraph preserver, each marine buoyant device must be of a type approved under sub- intended to be worn, and each buoyant part 160.171 of this chapter. vest must have a personal flotation de- (f) On each vessel, regardless of vice light that is approved under sub- length and regardless of whether car- part 161.012 of this chapter. rying passengers for hire, an approved (c) Each personal flotation device commercial hybrid PFD may be sub- light required by this section must be stituted for a life preserver, buoyant securely attached to the front shoulder vest, or marine buoyant device re- area of the immersion suit, life pre- quired under paragraphs (b) or (c) of server, or other personal flotation de- this section if it is— vice. (1) Used in accordance with the con- (d) If a personal flotation device light ditions marked on the PFD and in the has a non-replaceable power source, the owner’s manual; light must be replaced on or before the (2) Labeled for use on commercial expiration date of the power source. If vessels; and the light has a replaceable power (3) In the case of a Type V commer- source, the power source must be re- cial hybrid PFD, worn when the vessel placed on or before its expiration date is underway and the intended wearer is and the light must be replaced when it not within an enclosed space. is no longer serviceable. [CGD 72–172R, 38 FR 8117, Mar. 28, 1973, as amended by CGD 77–081, 47 FR 10558, Mar. 11, [44 FR 38783, July 2, 1979, as amended by CGD 1982; CGD 82–075a, 49 FR 4483, Feb. 7, 1984; 82–075a, 49 FR 4483, Feb. 7, 1984; CGD 97–057, CGD 78–174A, 51 FR 4350, Feb. 4, 1986; CGD 78– 62 FR 51042, Sept. 30, 1997] 174, 60 FR 2485, Jan. 9, 1995; CGD 97–057, 62 FR 51042, Sept. 30, 1997; USCG-1999–5040, 67 FR § 25.25–15 Retroreflective material for 34775, May 15, 2002] personal flotation devices. (a) Each life preserver, each marine § 25.25–7 Marking. buoyant device intended to be worn, The lifesaving equipment required by and each buoyant vest carried on a ves- this subpart must be legibly marked as sel must have Type I retroreflective specified in subchapter Q of this chap- material that is approved under sub- ter. part 164.018 of this chapter.

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(b) Each item required to have quirements of 33 CFR part 175 applica- retroreflective material must have at ble to the vessel. least 200 sq. cm (31 sq. in.) of material [USCG-1999–5040, 67 FR 34776, May 15, 2002] attached to its front side, at least 200 sq. cm of material on its back side, and, if the item is reversible, at least Subpart 25.26—Emergency Posi- 200 sq. cm of material on each of its re- tion Indicating Radio Beacons versible sides. The material attached (EPIRB) on each side of the item must be divided equally between the upper quad- SOURCE: CGD 87–016a, 58 FR 13367, Mar. 10, rants of the side, and the material in 1993, unless otherwise noted. each quadrant must be attached as closely as possible to the shoulder area § 25.26–1 Definitions. of the item. As used in this subpart: [CGD 76–028, 44 FR 38783, July 2, 1979, as Berthing space means a space that is amended by CGD 82–075a, 49 FR 4483, Feb. 7, intended to be used for sleeping and is 1984] provided with installed bunks and mattresses. § 25.25–17 Survival craft requirements EPIRB means an Emergency Position for uninspected passenger vessels Indicating Radiobeacon which is Type of at least 100 gross tons. Accepted by the Federal Communica- (a) Each uninspected passenger vessel tions Commission under requirements of at least 100 gross tons must have in 47 CFR parts 2 and 80. adequate survival craft with enough Galley means a space that provides capacity for all persons aboard and for the preparation and extended stor- must meet one of the following require- age of food. This does not include small ments: alcohol or propane stoves with limited (1) An inflatable liferaft must be ap- cooking capability, or ice chests or proved under 46 CFR part 160, subparts similar devices that are intended for 160.051 or 160.151, and be equipped with keeping small quantities of food for an applicable equipment pack or be ap- short durations. proved by another standard specified High seas means the waters beyond a by the Commandant. Inflatable lifeline three nautical miles seaward of rafts must be serviced at a servicing fa- the Territorial Sea Baseline as defined cility approved under 46 CFR part 160, in 33 CFR 2.20. subpart 160.151. Length means the length listed on a (2) An inflatable buoyant apparatus vessel’s Certificate of Documentation must be approved under 46 CFR part or Certificate of Number. 160, subpart 160.010 or under another Uninspected passenger vessel means a standard specified by the Commandant. vessel which, when used for commer- An inflatable buoyant apparatus must cial service, is used solely to carry pas- be serviced at a servicing facility ap- sengers for hire or to provide non- proved under 46 CFR part 160, subpart emergency assistance to boaters (as- 160.151. sistance towing), and which is not in- (b) If the vessel carries a small boat spected by the Coast Guard under any or boats, the capacity of the small boat other 46 CFR subchapter. or boat(s) may be counted toward the survival craft capacity required by this NOTE: As an example, a vessel on a voyage part. Such small boat or boat(s) must involving catching fish which are to be sold, meet the requirements for safe loading is a commercial fishing industry vessel for and floatation in 33 CFR part 183. the purposes of the EPIRB regulations in this section, even if there are passengers on [USCG-1999–5040, 67 FR 34776, May 15, 2002] board during the voyage. [CGD 87–016a, 58 FR 13367, Mar. 10, 1993, as § 25.25–19 Visual distress signals. amended by USCG–2007–29018, 72 FR 53964, Each uninspected passenger vessel Sept. 21, 2007] must meet the visual distress signal re-

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§ 25.26–5 Commercial fishing industry least 100 gross tons must ensure that vessels. the vessel does not operate beyond (a) The owner of a fishing vessel, a three miles from shore as measured fish processing vessel, or a fish tender from the territorial sea baseline sea- vessel, 11 meters (36 feet) or more in ward or more than three miles from length, except for vessels described in the coastline of the Great Lakes, un- paragraph (b) or (c) of this section, less it has onboard a float-free, auto- shall ensure that the vessel does not matically activated Category 1 406 MHz operate on the high seas or beyond EPIRB stowed in a manner so that it three miles from the coastline of the will float free if the vessel sinks. Great Lakes unless it has on board a [USCG-1999–5040, 67 FR 34776, May 15, 2002] float-free, automatically activated Category 1 406 MHz EPIRB stowed in a § 25.26–20 Other manned uninspected manner so that it will float-free if the commercial vessels. vessel sinks. (a) The owner of a manned (b) The owner of a fishing vessel, fish uninspected commercial vessel 11 me- processing vessel, or a fish tender ves- ters (36 feet) or more in length, other sel less than 11 meters (36 feet) in than a vessel under § 25.26–5 or § 25.26–10 length, or 11 meters or more in length or under paragraph (b) of this section, which has a builder’s certification that shall ensure that the vessel does not the vessel is constructed with suffi- operate on the high seas or beyond cient inherently buoyant material to three miles from the coastline of the keep the flooded vessel afloat, shall en- Great Lakes, unless it has on board a sure that the vessel does not operate float-free, automatically activated on the high seas or beyond three miles Category 1 406 MHz EPIRB stowed in a from the coastline of the Great Lakes, manner so that it will float free if the unless it has installed in a readily ac- vessel sinks. cessible location at or near the prin- (b) The owner of a manned cipal steering station— uninspected commercial vessel less (1) A manually activated Category 2 than 11 meters (36 feet) in length, or 11 406 MHz EPIRB; or meters or more in length which has a (2) A float-free, automatically acti- builder’s certification that the vessel is vated Category 1 406 MHz EPIRB. constructed with sufficient inherently (3) Until February 1, 1998, a 121.5/243.0 buoyant material to keep the flooded MHz EPIRB meeting § 25.26–30. vessel afloat, shall ensure that the ves- (c) The owner of a fishing vessel, fish sel does not operate on the high seas or processing vessel or a fish tender vessel beyond three miles from the coastline 11 meters (36 feet) or more in length of the Great Lakes, unless it has in- that does not have installed galley or stalled in a readily accessible location berthing facilities, shall ensure that at or near the principal steering sta- the vessel does not operate on the high tion— seas or beyond three miles from the (1) A manually activated Category 2 coastline of the Great Lakes unless it 406 MHz EPIRB; or has on board a float-free, automati- (2) A float-free, automatically acti- cally activated Category 1 406 MHz vated Category 1 406 MHz EPIRB. EPIRB stowed in a manner so that it [CGD 87–016a, 58 FR 13367, Mar. 10, 1993; 58 FR will float free if the vessel sinks. 27658, May 11, 1993, as amended by CGD 95– [CGD 87–016a, 58 FR 13367, Mar. 10, 1993; 58 FR 028, 62 FR 51196, Sept. 30, 1997; USCG-1998– 27658, May 11, 1993, as amended by CGD 95– 4442, 63 FR 52189, Sept. 30, 1998] 028, 62 FR 51196, Sept. 30, 1997; USCG-1998– 4442, 63 FR 52189, Sept. 30, 1998] § 25.26–50 Servicing of EPIRBs. (a) The master of each vessel re- § 25.26–10 EPIRB requirements for quired to have an EPIRB under this uninspected passenger vessels. subpart shall ensure that each EPIRB (a) Uninspected passenger vessels less on board is tested and serviced as re- than 100 gross tons are not required to quired by this section. carry an EPIRB. (b) The EPIRB must be tested imme- (b) The owner, operator, or master of diately after installation and at least an uninspected passenger vessel of at once each month thereafter, unless it

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is an EPIRB installed in a Coast Guard § 25.30–5 General provisions. approved inflatable liferaft that is test- (a) Where equipment in this subpart ed annually during the servicing of the is required to be of an approved type, liferaft by an approved servicing facil- such equipment requires the specific ity. The test shall be conducted in ac- approval of the Commandant. Such ap- cordance with the manufacturer’s in- provals are published in the FEDERAL structions, using the visual or audio in- REGISTER, and in addition, are con- dicator on the EPIRB. If the EPIRB is tained in Coast Guard publication not operating, it must be repaired or COMDTINST M16714.3 (Series), Equip- replaced with an operating EPIRB. ment Lists. (c) The battery of the EPIRB must be (b) All hand portable fire extin- replaced— guishers, semiportable fire extin- (1) Immediately after the EPIRB is guishing systems, and fixed fire extin- used for any purpose other than being guishing systems shall be of an ap- tested; and proved type. (2) Before the expiration date that is marked on the battery. [CGFR 65–50, 30 FR 16653, Dec. 30, 1965, as amended by CGD 96–041, 61 FR 50726, Sept. 27, [CGD 87–016a, 58 FR 13367, Mar. 10, 1993; 58 FR 1996] 27658, May 11, 1993] § 25.30–10 Hand-portable fire extin- § 25.26–60 Exemptions. guishers and semi-portable fire-extinguishing systems. (a) A skiff or work boat is not required to carry an EPIRB if— (a) Hand portable fire extinguishers and semiportable fire extinguishing (1) Its ‘‘mother ship’’ is required to systems are classified by a combina- carry an EPIRB under this subpart; tion letter and number symbol. The and letter indicating the type of fire which (2) When not in use, the skiff or work the unit could be expected to extin- boat is carried on board the mother guish, and the number indicating the ship. relative size of the unit. (b) Each Coast Guard District Com- (b) For the purpose of this sub- mander may, on a case-by-case basis, chapter, all required hand portable fire grant exemptions from the carriage re- extinguishers and semiportable fire ex- quirements of EPIRBs in this subpart tinguishing systems are of the ‘‘B’’ for certain geographic areas within the type; i.e., suitable for extinguishing boundaries of his or her own district if fires involving flammable liquids, the District Commander determines greases, etc. that an EPIRB will not significantly (c) The number designations for size enhance the overall safety of the vessel run from ‘‘I’’ for the smallest to ‘‘V’’ and crew. Exemptions may be limited for the largest. Sizes I and II are hand- to specific time periods. Exemptions portable fire extinguishers; sizes III, granted under this paragraph must be: IV, and V are semi-portable fire-extin- (1) Issued in writing by the cognizant guishing systems, which must be fitted Coast Guard District Commander for with hose and nozzle or other practical each individual application; and means to cover all portions of the (2) For geographic locations and may space involved. Examples of the sizes be limited to specific time periods. for some of the typical hand-portable fire extinguishers and semi-portable Subpart 25.30—Fire Extinguishing fire-extinguishing systems appear in Equipment Table 25.30–10(C):

§ 25.30–1 Application. TABLE 25.30–10(c) (a) The provisions of this subpart, Foam, Carbon dioxide, Dry chemical, Classification liters kilograms kilograms with the exception of § 25.30–90, shall (gallons) (pounds) (pounds) apply to all vessels contracted for on or after November 19, 1952. Vessels con- B-I ...... 6.5 (13⁄4) 2 (4) 1 (2) B-II ...... 9.5 (21⁄2) 7 (15) 4.5 (10) tracted for prior to that date shall B-III ...... 45 (12) 16 (35) 9 (20) meet the requirements of § 25.30–90. B-IV ...... 75 (20) 23 (50) 13.5 (30)

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TABLE 25.30–10(c)—Continued powder observed in the nozzle or elsewhere on the extinguisher, the con- Foam, Carbon dioxide, Dry chemical, Classification liters kilograms kilograms tainer shall be replaced with a new one (gallons) (pounds) (pounds) and the extinguisher properly serviced B-V ...... 150 (40) 45 (100) 23 (50) or the extinguisher replaced with another approved extinguisher. (d) All hand portable fire extin- (h) The dry chemical, stored pres- guishers and semiportable fire extin- sure, fire extinguishers without pres- guishing systems shall have perma- sure gauges or indicating devices man- nently attached thereto a metallic ufactured after January 1, 1965, shall name plate giving the name of the not be labeled with the marine type item, the rated capacity in gallons, label bed in § 162.028–4 of this title nor quarts, or pounds, the name and ad- shall such extinguishers manufactured dress of the person or firm for whom after January 1, 1965, be carried on approved, and the identifying mark of board motorboats or other vessels as the actual manufacturer. (e) Vaporizing-liquid type fire extin- required equipment. guishers containing carbon tetra- [CGFR 65–50, 30 FR 16653, Dec. 30, 1965, as chloride or chlorobromomethane or amended by CGFR 68–32, 33 FR 5711, Apr. 12, other toxic vaporizing liquids are not 1968; CGFR 69–18, 34 FR 5723, Mar. 27, 1969; acceptable as equipment required by USCG-2000–6931, 68 FR 22611, Apr. 29, 2003; 69 this subchapter. FR 34068, June 18, 2004] (f) Hand portable or semiportable extinguishers which are required on their § 25.30–15 Fixed fire-extinguishing sys- name plates to be protected from freez- tems. ing shall not be located where freezing (a) When a fixed fire-extinguishing temperatures may be expected. system is installed, it must be a type (g) The use of dry chemical, stored approved or accepted by the Com- pressure, fire extinguishers not fitted mandant (CG–521) or the Commanding with pressure gauges or indicating de- Officer, U.S. Coast Guard Marine Safe- vices, manufactured prior to January 1, ty Center. 1965, may be permitted on motorboats (b) If the system is a carbon-dioxide and other vessels so long as such extin- type, then it must be designed and in- guishers are maintained in good and stalled in accordance with subpart 76.15 serviceable condition. The following maintenance and inspections are re- of part 76 of subchapter H (Passenger quired for such extinguishers: Vessels) of this chapter. (1) When the date on the inspection [USCG-2000–6931, 69 FR 34069, June 18, 2004, as record tag on the extinguishers shows amended by USCG–2009–0702, 74 FR 49225, that 6 months have elapsed since last Sept. 25, 2009] weight check ashore, then such extinguisher is no longer accepted as meet- § 25.30–20 Fire extinguishing equip- ing required maintenance conditions ment required. until reweighed ashore and found to be (a) Motorboats. (1) All motorboats in a serviceable condition and within shall carry at least the minimum num- required weight conditions. ber of hand portable fire extinguishers 1 (2) If the weight of the container is ⁄4 set forth in Table 25.30–20(a)(1), except ounce less than that stamped on con- that motorboats less than 26 feet in tainer, it shall be serviced. length, propelled by outboard motors (3) If the outer seal or seals (which indicate tampering or use when bro- and not carrying passengers for hire, ken) are not intact, the boarding offi- need not carry such portable fire extin- cer or marine inspector will inspect guishers if the construction of such such extinguisher to see that the fran- motorboats will not permit the entrap- gible disc in neck of the container is ment of explosive or flammable gases intact; and if such disc is not intact, or vapors. the container shall be serviced. (4) If there is evidence of damage, use, or leakage, such as dry chemical

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TABLE 25.30–20(a)(1) 3. Buoyant flotation material. 4. Open slatted flooring. Minimum number of B-1 hand 5. Ice chests. portable fire extinguishers 1 required (b) Uninspected passenger vessels of at Length, feet No fixed fire Fixed fire least 100 gross tons. All uninspected pas- extinguishing extinguishing system in ma- system in ma- senger vessels of at least 100 gross tons chinery space chinery space must carry onboard hand-portable and Under 16 ...... 1 0 semi-portable fire extinguishers per 16 and over, but under 26 1 0 Table 76.50–10(a) in § 76.50–10 of this 26 and over, but under 40 2 1 chapter. 40 and over, but not over (c) Motor vessels. (1) All motor vessels 65 ...... 3 2 shall carry at least the minimum num- 1 One B-11 hand portable fire extinguisher may be substituted for two B-I hand portable fire extinguishers. ber of hand portable fire extinguishers set forth in Table 25.30–20(b) (1). (2) The intent of this regulation is illustrated in Figure 25.30–20(a1) where TABLE 25.30–20(b)(1) fire extinguishers are required if any one or more of the specified conditions Gross tonnage— Minimum number of B-II hand port- exist, and in Figure 25.30–20(a2) where Over Not over able fire extinguishers specified conditions do not, in themselves, require that fire extinguishers ...... 50 1 be carried. 50 ...... 100 2 100 ...... 500 3 500 ...... 1,000 6 1,000 ...... 8

(2) In addition to the hand portable fire extinguishers required by paragraph (b)(1) of this section, the following fire-extinguishing equipment shall be fitted in the machinery space: FIGURE 25.30–20(a1) Fire extinguishers are required if any one (i) One Type B-II hand portable fire or more of the following conditions exist extinguisher shall be carried for each (numbers identifying conditions are the 1,000 B. H. P. of the main engines or same as those placed in Figure 25.30–20 (a1)): fraction thereof. However, not more 1. Closed compartment under thwarts and than 6 such extinguishers need be car- seats wherein portable fuel tanks may be ried. stored. (ii) On motor vessels of over 300 gross 2. Double bottoms not sealed to the hull or which are not completely filled with flota- tons, either one Type B-III tion material. semiportable fire-extinguishing system 3. Close living spaces. shall be fitted, or alternatively, a fixed 4. Closed stowage compartments in which fire-extinguishing system shall be combustible or flammable materials are fitted in the machinery space. stowed. (3) The frame or support of each Type 5. Permanently installed fuel tanks. B-III fire extinguisher required by paragraph (b)(2)(ii) of this section must be welded or otherwise permanently attached to a bulkhead or deck. (4) If an approved semiportable fire extinguisher has wheels and is not required by this section, it must be securely stowed when not in use to prevent it from rolling out of control FIGURE 25.30–20(a2) under heavy sea conditions. The following conditions do not, in them- (d) Barges carrying passengers. (1) selves, require that fire extinguishers be carried (numbers identifying conditions are the Every barge of 65 feet in length or less same as those placed in Figure 25.30–20(a2)): while carrying passengers when towed 1. Bait wells. or pushed by a motorboat, motor ves- 2. Glove compartments. sel, or steam vessel shall be fitted with

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hand portable fire extinguishers as re- must meet applicable requirements of quired by Table 25.30–20(a)(1), depend- subpart 58.10 of this chapter. ing upon the length of the barge. [CGFR 65–50, 30 FR 16653, Dec. 30, 1965, as (2) Every barge of over 65 feet in amended by CGD 88–032, 56 FR 35820, July 29, length while carrying passengers when 1991] towed or pushed by a motorboat, motor vessel, or steam vessel shall be fitted Subpart 25.40—Ventilation with hand portable fire extinguishers as required by Table 25.30–20(b)(1), de- § 25.40–1 Tanks and engine spaces. pending upon the gross tonnage of the (a) All motorboats or motor vessels, barge. except open boats and as provided in [CGFR 65–50, 30 FR 16653, Dec. 30, 1965, as paragraphs (d) and (e) of this section, amended by CGD 77–039, 44 FR 34132, June 14, the construction or decking over of 1979; CGD 97–057, 62 FR 51042, Sept. 30, 1997; which is commenced after April 25, USCG-1999–5040, 67 FR 34776, May 15, 2002] 1940, and which use fuel having a flashpoint of 110 °F., or less, shall have § 25.30–90 Vessels contracted for prior at least two ventilator ducts, fitted to November 19, 1952. with cowls or their equivalent, for the (a) Vessels contracted for prior to efficient removal of explosive or flam- November 19, 1952, shall meet the appli- mable gases from the bilges of every cable provisions of §§ 25.30–5 through engine and fuel tank compartment. 25.30–20 insofar as the number and gen- There shall be at least one exhaust eral type of equipment is concerned. duct installed so as to extend from the open atmosphere to the lower portion Existing items of equipment and in- of the bilge and at least one intake stallations previously approved but not duct installed so as to extend to a meeting the applicable requirements point at least midway to the bilge or at for type approval may be continued in least below the level of the carburetor service so long as they are in good con- air intake. The cowls shall be located dition. All new installations and re- and trimmed for maximum effective- placements shall meet the require- ness and in such a manner so as to pre- ments of §§ 25.30–5 through 25.30–20. vent displaced fumes from being recir- (b) [Reserved] culated. (b) As used in this section, the term Subpart 25.35—Backfire Flame open boats means those motorboats or Control motor vessels with all engine and fuel tank compartments, and other spaces § 25.35–1 Requirements. to which explosive or flammable gases and vapors from these compartments (a) Every gasoline engine installed in may flow, open to the atmosphere and a motorboat or motor vessel after April so arranged as to prevent the entrap- 25, 1940, except outboard motors, shall ment of such gases and vapors within be equipped with an acceptable means the vessel. of backfire flame control. (c) Boats built after July 31, 1980, (b) Installations made before Novem- which are manufactured or used pri- ber 19, 1952, need not meet the detailed marily for noncommercial use; which requirements of this subpart and may are leased, rented, or chartered to an- be continued in use as long as they are other for the latter’s noncommercial serviceable and in good condition. Re- use; which are engaged in the carriage placements shall meet the applicable of six or fewer passengers; or which are conditions in this section. in compliance with the requirements of (c) Installations consisting of back- 33 CFR part 183 are exempted from fire flame arresters bearing basic Ap- these requirements. proval Nos. 162.015 or 162.041 or engine (d) Boats built after July 31, 1978, air and fuel induction systems bearing which are manufactured or used pri- basic Approval Nos. 162.015 or 162.042 marily for noncommercial use; which may be continued in use as long as are rented, leased, or chartered to an- they are serviceable and in good condi- other for the latter’s noncommercial tion. New installations or replacements use; or which engage in conveying six

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or fewer passengers are exempted from (i) Separated from the stove that the requirements of paragraph (a) for they serve; fuel tank compartments that: (ii) Mounted in a location open to the (1) Contain a permanently installed atmosphere or mounted inside a com- fuel tank if each electrical component partment that is vented to the atmos- is ignition protected in accordance phere; and with 33 CFR 183.410(a); and (iii) Fitted with an outside fill and (2) Contain fuel tanks that vent to vent. the outside of the boat. (d) Heating systems using wood or [CGFR 65–50, 30 FR 16653, Dec. 30, 1965, as coal installed after August 9, 1989, shall amended by CGD 76–082A, 44 FR 73047, Dec. be installed in accordance with the 17, 1979; CGD 76–082A, 45 FR 7551, Feb. 4, 1980; guidelines in chapter 6 of NFPA 302. CGD 95–012, 60 FR 48048, Sept. 18, 1995; CGD 95–028, 62 FR 51196, Sept. 30, 1997] [CGD 83–013, 54 FR 6402, Feb. 10, 1989 and CGD 83–013, 55 FR 3959, Feb. 6, 1990; CGD 95–072, 60 FR 50461, Sept. 29, 1995; CGD 96–041, 61 FR Subpart 25.45—Cooking, Heating, 50726, Sept. 27, 1996; USCG–2009–0702, 74 FR and Lighting Systems 49225, Sept. 25, 2009]

§ 25.45–1 Heating and lighting systems § 25.45–2 Cooking systems on vessels on vessels carrying passengers for carrying passengers for hire. hire. (a) No fuel may be used in any cook- (a) No fuel may be used in any heating system on any vessel carrying pas- ing or lighting system on any vessel sengers for hire without the approval carrying passengers for hire without of Commandant (CG–521) except those the approval of Commandant (CG–521), listed in § 25.45–1, subject to the re- except— quirements stated therein, and lique- (1) Alcohol, solid, fied petroleum gas (LPG), or com- (2) Alcohol, liquid, combustible, pressed natural gas (CNG). (3) Fuel oil, No. 1, No. 2, or No. 3, (b) Cooking systems using LPG or (4) Kerosene, CNG must meet the following require- (5) Wood or, ments: (6) Coal. (1) The design, installation, and test- (b) Heating and lighting systems ing of each LPG system must meet using alcohol must meet the following ABYC A-1–78 or chapter 6 of NFPA 302. requirements: (2) The design, installation, and test- (1) Containers of solidified alcohol must be properly secured to a fixed ing of each CNG system must meet base. ABYC A-22–78 or chapter 6 of NFPA 302. (2) Fluid alcohol burners, where wet (3) Cooking systems using chapter 6 priming is used, must have— of NFPA 302 as the standard must meet the following additional requirements: (i) A catch pan of not less than 3⁄4’’ depth secured inside the frame of the (i) The storage or use of CNG con- stove; or tainers within the accommodation (ii) The metal protection under the area, machinery spaces, bilges, or other stove flanged up at least 3⁄4’’ to form a enclosed spaces is prohibited. pan. (ii) LPG or CNG must be odorized in (c) Heating and lighting systems accordance with ABYC A-1.5.d or A- using kerosene or fuel oil must meet 22.5.b, respectively. the following requirements: (iii) The marking and mounting of (1) Where wet priming is used, each LPG cylinders must be in accordance system must have— with ABYC A-1.6.b. (i) A catch pan of not less than 3⁄4’’ (iv) LPG cylinders must be of the depth secured inside the frame of the vapor withdrawal type as specified in stove; or ABYC A-1.5.b. (ii) The metal protection under the (4) Continuous pilot lights or auto- stove flanged up at least 3⁄4’’ to form a matic glow plugs are prohibited for an pan. LPG or CNG installation using ABYC (2) Fuel tanks must be— A-1 or A-22 as the standard.

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(5) CNG installations using ABYC A- Subpart 25.50—Garbage 22 as the standard must meet the fol- Retention lowing additional requirements: (i) The stowage or use of CNG con- § 25.50–1 Criteria. tainers within the accommodation Each uninspected vessel must meet area, machinery spaces, bilges, or other the garbage discharge, waste manage- enclosed spaces is prohibited. ment plan, and placard requirements of (ii) The CNG cylinders, regulating 33 CFR part 151 applicable to the ves- equipment, and safety equipment must sel.

meet the installation, stowage, and NOTE: 33 CFR 151.67 prohibits the discharge testing requirements specified in para- of plastic or garbage mixed with plastic into graph 6–5.12 of NFPA 302. the sea or the navigable waters of the United (iii) The use of stowage of stoves with States. ‘‘Plastic’’ and ‘‘garbage’’ are defined attached CNG cylinders is prohibited in 33 CFR 151.05. as specified in paragraph 6–5.1 of NFPA [CGD 88–002A, 56 FR 8880, Mar. 1, 1991] 302. (6) If the fuel supply line of an LPG PART 26—OPERATIONS or CNG system enters an enclosed space on the vessel, a remote shut-off Subpart 26.01—Application valve must be installed that can be op- Sec. erated from a position adjacent to the 26.01–1 Applicable to all vessels. appliance. The valve must be located between the fuel tank and the point Subpart 26.03—Special Operating where the fuel supply line enters the Requirements enclosed portion of the vessel. A power 26.03–1 Safety orientation. operated valve installed to meet this 26.03–2 Emergency instructions. requirement must be of a type that will 26.03–4 Charts and nautical publications. fail closed. 26.03–6 Special permit. (7) The following variances from 26.03–8 Marine Event of National Signifi- cance special permits. ABYC A-1.11.b(1) are allowed for CNG: 26.03–9 Voyage plans for uninspected pas- (i) The storage locker or housing ac- senger vessels of at least 100 gross tons. cess opening need not be in the top. 26.03–10 Signaling light. (ii) The locker or housing need not be above the waterline. Subpart 26.08—Notice and Reporting of Casualty and Voyage Records (8) The following variances from NFPA 302 are allowed: 26.08–1 Notice and reporting of casualty and (i) The storage locker or housing for voyage records. CNG tank installations need not be Subpart 26.15—Boarding above the waterline as required by paragraph 6–5.12.1.1(a). 26.15–1 May board at any time. (ii) Ignition protection need not be provided as required by paragraph 6– Subpart 26.20—Exhibition of Coast Guard 5.4. Credential 26.20–1 Must be available. NOTE TO § 25.45–2: The ABYC and NFPA standards referenced in this section require Subpart 26.25 [Reserved] the posting of placards containing safety precautions for gas cooking systems. Subpart 26.30—Work Vest [CGD 83–013, 54 FR 6402, Feb. 10, 1989, as 26.30–1 Approved unicellular plastic foam amended by CGD 83–013, 55 FR 3960, Feb. 6, work vests. 1990; CGD 95–072, 60 FR 50461, Sept. 29, 1995; 26.30–5 Use. CGD 96–041, 61 FR 50726, Sept. 27, 1996; USCG- 26.30–10 Stowage. 2000–7790, 65 FR 58458, Sept. 29, 2000; USCG– 2009–0702, 74 FR 49225, Sept. 25, 2009] AUTHORITY: 46 U.S.C. 3306, 4104, 6101, 8105; Pub. L. 103–206, 107 Stat. 2439; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Depart- ment of Homeland Security Delegation No. 0170.1.

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SOURCE: CGFR 65–50, 30 FR 16656, Dec. 30, applicable portions of the sample emer- 1965, unless otherwise noted. gency checkoff list which follows: Subpart 26.01—Application SAMPLE EMERGENCY CHECKOFF LIST Measures to be considered in the event of: § 26.01–1 Applicable to all vessels. (a) Rough weather at sea or crossing haz- (a) The provisions of this part shall ardous bars. apply to all vessels except as specifi- b All weathertight and watertight doors, hatches and airports closed to prevent cally noted. taking water aboard. b Bilges kept dry to prevent loss of sta- Subpart 26.03—Special Operating bility. Requirements b Passengers seated and evenly distributed. b All passengers wearing life preservers in § 26.03–1 Safety orientation. conditions of very rough seas or if about to cross a bar under hazardous condi- (a) Before getting underway on any tions. uninspected passenger vessel, the oper- b An international distress call and a call to ator or master must ensure that suit- the Coast Guard over radiotelephone able public announcements, instructive made if assistance is needed (if radio- placards, or both, are provided in a telephone equipped). manner that affords all passengers the (b) Man overboard. opportunity to become acquainted b Ring buoy thrown overboard as close to with: the victim as possible. (1) Stowage locations of life pre- b Lookout posted to keep the victim in servers; sight. b Crewmember, wearing a life preserver and (2) Proper method of donning and ad- lifeline, standing by ready to jump into justing life preservers of the type(s) the water to assist the victim back carried on the vessel; aboard. (3) The type and location of all life- b Coast Guard and all vessels in the vicinity saving devices carried on the vessel; notified by radiotelephone (if radio- and telephone equipped). (4) The location and contents of the b Search continued until after radio- Emergency Checkoff List required by telephone consultation with the Coast § 26.03–2. Guard, if at all possible. (c) Fire at Sea. (b) Vessels subject to this subpart en- b Air supply to the fire cut off by closing gaged in tender service at yacht clubs hatches, ports, doors, and ventilators, and marinas, and vessels being dem- etc. onstrated for a potential purchaser by b Portable extinguishers discharged at the a yacht broker, are excluded from the base of the flames of flammable liquid or requirements of § 26.03–1 and § 26.03–2. grease fires or water applied to fires in combustible solids. [CGD 78–009, 45 FR 11109, Feb. 19, 1980, as b If fire is in machinery spaces, fuel supply amended by USCG-1999–5040, 67 FR 34776, May and ventilation shut off and any in- 15, 2002] stalled fixed firefighting system discharged. § 26.03–2 Emergency instructions. b Vessel maneuvered to minimize the effect (a) The operator or master of each of wind on the fire. uninspected passenger vessel must en- b Coast Guard and all vessels in the vicinity sure that an emergency check-off list notified by radiotelephone of the fire and is posted in a prominent and accessible vessel location (if radiotelephone place to notify the passengers and re- equipped). mind the crew of precautionary meas- b Passengers moved away from fire and ures that may be necessary if an emer- wearing life preservers. gency situation occurs. (c) When in the judgment of the cog- (b) Except where any part of the nizant Officer in Charge, Marine In- emergency instructions are deemed un- spection, the operation of any vessel necessary by the Officer in Charge, Ma- subject to this section does not present rine Inspection, the emergency check- the hazards listed on the emergency off list must contain not less than the checkoff list or when any vessel has no

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suitable mounting surface, an exclu- dividual vessel not more than four sion from the requirements of § 26.03– times in a 12-month period; and 2(a) and (b) is granted by letter. (4) The owner, operator, or agent must apply to the local OCMI for a spe- [CGD 78–009, 45 FR 11109, Feb. 19, 1980, as amended by USCG-1999–5040, 67 FR 34776, May cial permit prior to the intended voy- 15, 2002] age, allowing adequate time for processing and approval of the permit. § 26.03–4 Charts and nautical publica- (c) Nothing in this part may be con- tions. strued as limiting the OCMI from mak- (a) As appropriate for the intended ing such tests and inspections, both voyage, all vessels must carry adequate afloat and in dry-dock, that are reason- and up-to-date— able and practicable to be assured of (1) Charts of appropriate scale to the vessel’s seaworthiness and safety. make safe navigation possible; [USCG-1999–5040, 67 FR 34776, May 15, 2002] (2) ‘‘U.S. Coast Pilot’’ or similar publication; § 26.03–8 Marine Event of National Sig- (3) Coast Guard light list; nificance special permits. (4) Tide tables; and (a) For a Marine Event of National (5) Current tables, or a river current Significance, as determined by the publication issued by the U.S. Army Commandant, U.S. Coast Guard, a ves- Corps of Engineers, or a river author- sel may be permitted to engage in ex- ity. cursions while carrying passengers-for- (b) As an alternative, you may sub- hire for the duration of the event. stitute extracts or copies from the pub- Event sponsors seeking this determina- lications in paragraph (a) of this section must submit a written request to tion. This information must be applica- the Commandant (CG–543) at least one ble to the area transited. year prior to the event. [USCG-1999–5040, 67 FR 34776, May 15, 2002] (b) The owner, operator, or agent of a vessel that is registered as a partici- § 26.03–6 Special permit. pant in a Marine Event of National (a) If the owner, operator, or agent Significance may apply for a special donates the use of an uninspected pas- permit to carry passengers-for-hire for senger vessel to a charity for fund- the duration of the event. The master, raising activities, and the vessel’s ac- owner, or agent of the vessel must tivity would subject it to Coast Guard apply to the Coast Guard OCMI who inspection, the OCMI may issue a spe- has jurisdiction over the vessel’s first cial permit to the owner, operator, or United States port of call. The OCMI agent for this purpose if, in the opinion may issue a Form CG-949 ‘‘Permit to of the OCMI, the vessel can be safely Carry Excursion Party’’ if, in the opin- operated. Each special permit is valid ion of the OCMI, the operation can be for only one voyage of a donated vessel, undertaken safely. The OCMI may re- which is used for a charitable purpose. quire an inspection prior to issuance of Applications are considered and ap- a special permit to ensure that the ves- proved on a case-by-case basis. sel can safely operate under the condi- (b) The criteria of § 176.204 of this tions for which the permit is issued. chapter will apply to the issuance of a (c) The permit will state the condi- special permit. In addition, the owner, tions under which it is issued. These operator, or agent must meet each of conditions must include the number of these conditions— passengers-for-hire the vessel may (1) Any charity using a donated ves- carry, the crew required, the number sel must be a bona fide charity or a and type of lifesaving and safety equip- non-profit organization qualified under ment required, the route and operating section 501(c)(3) of the Internal Rev- details for which the permit is issued, enue Code of 1986; and the dates for which the permit will (2) All donations received from the be valid. fundraising must go to the named char- (d) The permit must be displayed in a ity; location visible to passengers. (3) The owner, operator, or agent (e) The carrying of passengers-for- may obtain a special permit for an in- hire during a Marine Event of National

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Significance must comply with the reg- Subpart 26.15—Boarding ulations governing coastwise transportation of passengers under 19 CFR § 26.15–1 May board at any time. 4.50(b) and 19 CFR 4.80(a). (a) To facilitate the boarding of ves- [USCG-1999–5040, 67 FR 34776, May 15, 2002, as sels by the commissioned, warrant, and amended by USCG-2004–18884, 69 FR 58344, petty officers of the U.S. Coast Guard Sept. 30, 2004; USCG–2009–0702, 74 FR 49225, in the exercise of their authority, Sept. 25, 2009] every uninspected vessel, as defined in 46 U.S.C. 2101(43), if underway and upon § 26.03–9 Voyage plans for uninspected passenger vessels of at least 100 being hailed by a Coast Guard vessel, gross tons. must stop immediately and lay to, or must maneuver in such a way to per- (a) The master must prepare a voy- mit the Coast Guard boarding officer to age plan that includes a crew and pas- come aboard. Failure to permit a Coast senger list before taking an uninspected passenger vessel of at least Guard boarding officer to board a ves- 100 gross tons on a Great Lake, an sel or refusal to comply will subject ocean, or an international voyage. the operator or owner of the vessel to (b) Before departure, the master the penalties provided in law. must communicate the voyage plan (b) Coast Guard boarding vessels will ashore, either verbally or in writing. be identified by the display of the The voyage plan must go to either the Coast Guard ensign as a symbol of au- vessel’s normal berthing location or a thority and the Coast Guard personnel representative of the owner or man- will be dressed in Coast Guard uniform. aging operator of the vessel. The mas- The Coast Guard boarding officer upon ter, owner, or operator of the vessel boarding a vessel will identify himself must make the voyage plan available to the master, owner, or operator and to the Coast Guard upon request. explain his mission. [USCG-1999–5040, 67 FR 34777, May 15, 2002] [CGFR 65–50, 30 FR 16656, Dec. 30, 1965, as amended by CGD 72–132R, 38 FR 5750, Mar. 2, § 26.03–10 Signaling light. 1973; CGD 95–027, 61 FR 25997, May 23, 1996] All vessels of over 150 gross tons, when engaged on an international voy- Subpart 26.20—Exhibition of Coast age, shall be equipped with an efficient Guard Credential daylight signaling lamp in accordance with the requirements of subchapter J § 26.20–1 Must be available. (Electrical Engineering) of this chap- If a person operates a vessel that car- ter. ries one or more passengers-for-hire, he [CGFR 68–32, 33 FR 5711, Apr. 12, 1968, as or she is required to have a valid Coast amended by CGD 97–057, 62 FR 51042, Sept. 30, Guard license or MMC officer endorse- 1997] ment suitable for the vessel’s route and service. He or she must have the li- Subpart 26.08—Notice and Re- cense or MMC in his or her possession porting of Casualty and Voy- and must produce it immediately upon age Records the request of a Coast Guard boarding officer.

AUTHORITY: 46 U.S.C. 6101; 46 CFR 1.46. [USCG-1999–5040, 67 FR 34777, May 15, 2002, as amended by USCG–2006–24371, 74 FR 11264, § 26.08–1 Notice and reporting of cas- Mar. 16, 2009] ualty and voyage records. The requirements for providing no- Subpart 26.25 [Reserved] tice and reporting of marine casualties and for retaining voyage records are Subpart 26.30—Work Vest contained in part 4 of this chapter.

[CGD 84–099, 52 FR 47535, Dec. 14, 1987; 53 FR SOURCE: CGFR 68–65, 33 FR 19982, Dec. 28, 13117, Apr. 21, 1988] 1968, unless otherwise noted.

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§ 26.30–1 Approved unicellular plastic Subpart C—Fire-Suppression Equipment for foam work vests. Towing Vessels (a) Buoyant work vests carried under 27.301 What are the requirements for fire the permissive authority of this sub- pumps, fire mains, and fire hoses on tow- part shall be of an approved type, and ing vessels? shall be constructed, listed, and labeled 27.303 What are the requirements for fire- in accordance with subpart 160.053 of extinguishing equipment on towing ves- subchapter Q (Specifications) of this sels in inland service, and on towing vessels in ocean or coastal service whose chapter. construction was contracted for before August 27, 2003? § 26.30–5 Use. 27.305 What are the requirements for fire- (a) Approved buoyant work vests are extinguishing equipment on towing ves- considered to be items of safety ap- sels in ocean or coastal service whose parel and may be carried aboard vessels construction was contracted for on or after August 27, 2003? to be worn by crew members when working near or over the water under AUTHORITY: 46 U.S.C. 3306, 4102 (as amended favorable working conditions. by Pub. L. 104–324, 110 Stat. 3901); Depart- ment of Homeland Security Delegation No. (b) When carried, approved buoyant 0170.1. work vests shall not be accepted in lieu of any portion of the required number SOURCE: USCG-2000–6931, 69 FR 34069, June of approved lifesaving appliances re- 18, 2004, unless otherwise noted. quired by § 25.25–10 of this subchapter. Subpart A—General Provisions for § 26.30–10 Stowage. Fire-Protection Measures and (a) The approved buoyant work vests Fire-Suppression Equipment shall be stowed separately from the on Towing Vessels regular stowage of required lifesaving equipment. § 27.100 What towing vessels does this part affect? PART 27—TOWING VESSELS (a) You must comply with this part if your towing vessel operates on the navigable waters of the United States, un- Subpart A—General Provisions for Fire-Pro- less your vessel is one exempt under tection Measures and Fire-Suppression paragraph (b) of this section. Equipment on Towing Vessels (b) This part does not apply to you if Sec. your towing vessel is— 27.100 What towing vessels does this part af- (1) Used solely for any of the fol- fect? lowing services or any combination of 27.101 Definitions. these services— 27.102 Incorporation by reference. (i) Within a limited geographic area, such as a fleeting-area for barges or a Subpart B—Fire-Protection Measures for commercial facility, and used for re- Towing Vessels stricted service, such as making up or 27.201 What are the requirements for gen- breaking up larger tows; eral alarms on towing vessels? (ii) For harbor-assist; 27.203 What are the requirements for fire de- (iii) For assistance towing as defined tection on towing vessels? by 46 CFR 10.103; 27.205 What are the requirements for inter- (iv) For response to emergency or nal communication systems on towing pollution; vessels? (2) A public vessel that is both 27.207 What are the requirements for fuel owned, or demise chartered, and oper- shut-offs on towing vessels? ated by the United States Government 27.209 What are the requirements for training crews to respond to fires? or by a government of a foreign coun- 27.211 What are the specifications for fuel try; and that is not engaged in com- systems on towing vessels whose con- mercial service; struction was contracted for on or after (3) A foreign vessel engaged in inno- January 18, 2000? cent passage; or

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(4) Exempted by the Captain of the A fleeting-area is a limited geographic Port (COTP). area. (c) If you think your towing vessel Harbor-assist means docking and should be exempt from these require- undocking ships. ments for a specified route, you should Limited geographic area means a local submit a written request to the appro- area of operation, usually within a sin- priate COTP. The COTP will provide gle harbor or port. The local Captain of you with a written response granting the Port (COTP) determines the defini- or denying your request. The COTP tion of local geographic area for each will consider the extent to which un- zone. safe conditions would result if your Operating station means the principal vessel lost propulsion because of a fire steering station on the vessel, from in the engine room. which the vessel is normally navigated. (d) You must test and maintain all of Towing vessel means a commercial the equipment required by this part in vessel engaged in, or intending to en- accordance with the attached name- gage in, pulling, pushing, or hauling plate or manufacturer’s approved de- alongside, or any combination of pull- sign manual. ing, pushing, or hauling alongside. Towing vessel in inland service means a § 27.101 Definitions. towing vessel that is not in ocean or As used in this part— coastal service. Accommodation includes any: Towing vessel in ocean or coastal serv- means a towing vessel that operates (1) Messroom. ice beyond the baseline of the U.S. terri- (2) Lounge. torial sea. (3) Sitting area. We means the United States Coast (4) Recreation room. Guard. (5) Quarters. Work space means any area on the (6) Toilet space. vessel where the crew could be present (7) Shower room. while on duty and performing their as- (8) Galley. signed tasks. (9) Berthing facility. You means the owner of a towing ves- (10) Clothing-changing room. sel, unless otherwise specified. Engine room means the enclosed area where any main-propulsion engine is § 27.102 Incorporation by reference. located. It comprises all deck levels (a) Certain material is incorporated within that area. by reference into this part with the ap- Fixed fire-extinguishing system means: proval of the Director of the Federal (1) A carbon-dioxide system that sat- Register—in accordance with 5 U.S.C. isfies 46 CFR subpart 76.15 and is ap- 552(a) and 1 CFR part 51. To enforce proved by the Commandant; any edition other than that specified in (2) A manually-operated clean-agent paragraph (b) of this section, the Coast system that satisfies the National Fire Guard must publish notice of the Protection Association (NFPA) Stand- change in the FEDERAL REGISTER and ard 2001 (incorporated by reference in make the material available for inspec- § 27.102) and is approved by the Com- tion. All approved material is available mandant; or at the U.S. Coast Guard, Office of De- (3) A manually-operated water-mist sign and Engineering Standards (CG– system that satisfies NFPA Standard 521), 21002nd St. SW., Stop 7126, Wash- 750 (incorporated by reference in ington, DC 20593–7126, or from the § 27.102) and is approved by the Com- sources indicated in paragraph (b) of mandant. this section, or at the National Ar- Fleeting-area means a separate loca- chives and Records Administration tion where individual barges are (NARA). For information on the avail- moored or assembled to make a tow. ability of this material at NARA, call The barges are not in transport, but 202–741–6030, or go to: http:// are temporarily marshaled, waiting for www.archives.gov/federallregister/ pickup by different vessels that will codeloflfederallregulations/ transport them to various destinations. ibrllocations.html.

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(b) The material approved for incor- (b) You or the operator may use a poration by reference in this part and public-address (PA) system or other the sections affected are: means of alerting all persons on your American Boat and Yacht Council towing vessel instead of a general (ABYC), 613 Third Street, Suite 10, alarm, if the system— Annapolis, MD 21403 (1) Is capable of notifying persons in H–25–1986—Portable Fuel Sys- any accommodation, work space, and tems for Flammable Liq- the engine room; uids ...... 27.211 (2) Is tested at least once each week; H–33–1989—Diesel Fuel Sys- (3) Can be activated from the oper- tems ...... 27.211 National Fire Protection Association ating station; and (NFPA), 1 Batterymarch Park, (4) Complies with paragraph (a)(3) of Quincy, MA 02269–9101 this section. NFPA 302–1998—Fire Protec- tion Standard for Pleasure, § 27.203 What are the requirements for and Commercial Motorcraft 27.211 fire detection on towing vessels? NFPA 750—Standard on You must have a fire-detection sys- Water Mist Fire Protection tem installed on your vessel to detect Systems, 2003 edition ...... 27.101 engine-room fires. Any owner of a ves- NFPA 2001—Standard on Clean Agent Fire Extin- sel whose construction was contracted guishing Systems, 2000 edi- for before January 18, 2000, may use an tion ...... 27.101 existing engine-room-monitoring sys- Society of Automotive Engineers tem (with fire-detection capability) in- (SAE), 400 Commonwealth Drive, stead of a fire-detection system, if the Warrendale, PA 15096–0001 monitoring system is operable and SAE J1475–1984—Hydraulic complies with this section. You must Hose Fitting for Marine Ap- ensure that— plications ...... 27.211 (a) Each detector, each control panel, SAE J1942–1989—Hose and Hose Assemblies for Marine and each fire alarm are approved under Applications ...... 27.211 46 CFR subpart 161.002 or listed by an independent testing laboratory; except [USCG-2000–6931, 69 FR 34069, June 18, 2004, as that, if you use an existing engine- amended by USCG–2009–0702, 74 FR 49226, room-monitoring system (with fire-de- Sept. 25, 2009; USCG–2010–0759, 75 FR 60002, tection capability), each detector must Sept. 29, 2010] be listed by an independent testing laboratory; Subpart B—Fire-Protection (b) The system is installed, tested, Measures for Towing Vessels and maintained in line with the manufacturer’s design manual; § 27.201 What are the requirements for (c) The system is arranged and in- general alarms on towing vessels? stalled so a fire in the engine room (a) You must ensure that your vessel automatically sets off alarms on a con- is fitted with a general alarm that: trol panel at the operating station; (1) Has a contact-maker at the oper- (d) The control panel includes— ating station that can notify persons (1) A power-available light; on board in the event of an emergency. (2) Both an audible alarm to notify (2) Is capable of notifying persons in crew at the operating station of fire any accommodation, work space, and and visible alarms to identify the zone the engine room. or zones of origin of the fire; (3) Has installed, in the engine room (3) A means to silence the audible and any other area where background alarm while maintaining indication by noise makes a general alarm hard to the visible alarms; hear, a supplemental flashing red light (4) A circuit-fault detector test- that is identified with a sign that switch; and reads: (5) Labels for all switches and indicator lights, identifying their func- Attention General Alarm—When Alarm tions; Sounds or Flashes Go to Your Station. (e) The system draws power from two (4) Is tested at least once each week. sources, switchover from the primary

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source to the secondary source being stalled. Each remote valve control either manual or automatic; should be marked in clearly legible let- (f) The system serves no other pur- ters, at least 25 millimeters (1 inch) pose, unless it is an engine-room-moni- high, indicating the purpose of the toring system (with fire-detection ca- valve and the way to operate it. pability) installed on a vessel whose construction was contracted for before § 27.209 What are the requirements for January 18, 2000; and training crews to respond to fires? (g) The system is certified by a Reg- (a) Drills and instruction. The master istered Professional Engineer, or by a or person in charge of a vessel must en- recognized classification society (under sure that each crewmember partici- 46 CFR part 8), to comply with para- pates in drills and receives instruction graphs (a) through (f) of this section. at least once each month. The instruction may coincide with the drills, but § 27.205 What are the requirements for need not. You must ensure that all internal communication systems on crewmembers are familiar with their towing vessels? fire-fighting duties, and, specifically, (a) You must ensure that your vessel with the following contingencies: is fitted with a communication system (1) Fighting a fire in the engine room between the engine room and the oper- and elsewhere on board the vessel, in- ating station that— cluding how to— (1) Consists of either fixed or portable (i) Operate all of the fire-extin- equipment, such as a sound-powered guishing equipment on board the ves- telephone, portable radios, or other re- sel; liable method of voice communication, (ii) Stop any mechanical ventilation with a main or reserve power supply system for the engine room and effec- that is independent of the electrical tively seal all natural openings to the system on your towing vessel; and space to prevent leakage of the extin- (2) Provides two-way voice commu- guishing agent; and nication and calling between the oper- (iii) Operate the fuel shut-off for the ating station and either— engine room. (i) The engine room; or (2) Activating the general alarm. (ii) A location immediately adjacent (3) Reporting inoperative alarm sys- to an exit from the engine room. tems and fire-detection systems. (b) Twin-screw vessels with oper- (4) Putting on a fireman’s outfit and ating-station control for both engines a self-contained breathing apparatus, if are not required to have internal com- the vessel is so equipped. munication systems. (b) Alternative form of instruction. The (c) When the operating-station’s en- master or person in charge of a vessel gine controls and the access to the en- may substitute, for the instruction re- gine room are within 3 meters (10 feet) quired in paragraph (a) of this section, of each other and allow unobstructed the viewing of video training materials visual contact between them, direct concerning at least the contingencies voice communication is acceptable in- listed in paragraph (a), followed by a stead of a communication system. discussion led by someone familiar with these contingencies. This instruc- § 27.207 What are the requirements for tion may occur either on board or off fuel shut-offs on towing vessels? the vessel. To stop the flow of fuel in the event (c) Participation in drills. Drills must of a break in the fuel line, you must take place on board the vessel, as if have a positive, remote fuel-shut-off there were an actual emergency. They valve fitted on any fuel line that sup- must include— plies fuel directly to an engine or gen- (1) Participation by all crew- erator. The valve must be near the members; source of supply (for instance, at the (2) Breaking out and using, or simu- day tank, storage tank, or fuel-dis- lating the use of, emergency equip- tribution manifold). Furthermore, it ment; must be operable from a safe place out- (3) Testing of all alarm and detection side the space where the valve is in- systems; and

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(4) Putting on protective clothing (by in a system that discharges on a at least one person), if the vessel is so weather deck. equipped. (2) The net cross-sectional area of the (d) Safety orientation. The master or vent pipe for the tank must be— person in charge of a vessel must en- (i) Not less than 312.3 square millime- sure that each crewmember who has ters (0.484 square inches) for any tank not (i) participated in the drills re- filled by gravity; or quired by paragraph (a) of this section, (ii) Not less than that of the fill pipe and (ii) received the instruction re- for any tank filled under pressure. quired by that paragraph, receives a (e) Fuel piping. Except as permitted safety orientation within 24 hours of in paragraphs (e)(1), (2), and (3) of this reporting for duty. section, each fuel line must be seam- (e) The safety orientation must cover less and made of steel, annealed cop- the particular contingencies listed in per, nickel-copper, or copper-nickel. paragraph (a) of this section. Each fuel line must have a wall thickness of not less than 0.9 millimeters § 27.211 What are the specifications for (0.035 inch) except that— fuel systems on towing vessels (1) Aluminum piping is acceptable on whose construction was contracted an aluminum-hull vessel if it is infor on or after January 18, 2000? stalled outside the engine room and is (a) You must ensure that, except for at least Schedule 80 in thickness; and the components of an outboard engine (2) Nonmetallic flexible hose is ac- or of a portable bilge pump or fire ceptable if it— pump, each fuel system installed on (i) Is used in lengths of not more board the vessel complies with this sec- than 0.76 meters (30 inches); tion. (ii) Is visible and easily accessible; (b) Portable fuel systems. The vessel (iii) Does not penetrate a watertight must not incorporate or carry portable bulkhead; fuel systems, including portable tanks (iv) Is fabricated with an inner tube and related fuel lines and accessories, and a cover of synthetic rubber or except when used for outboard engines other suitable material reinforced with or when permanently attached to port- wire braid; and able equipment such as portable bilge (v) Either,— pumps or fire pumps. The design, con- (A) If it is designed for use with com- struction, and stowage of portable pression fittings, is fitted with suit- tanks and related fuel lines and acces- able, corrosion-resistant, compression sories must comply with ABYC H–25 fittings, or fittings compliant with (incorporated by reference in § 27.102). SAE J1475 (incorporated by reference (c) Fuel restrictions. Neither you nor in § 27.102); or, the master or person in charge may use (B) If it is designed for use with fuel other than bunker C or diesel, ex- clamps, is installed with two clamps at cept for outboard engines, or where each end of the hose. Clamps must not otherwise accepted by the Com- rely on spring tension and must be in- mandant (CG–521). An installation that stalled beyond the bead or flare or over uses bunker C, heavy fuel oil (HFO), or the serrations of the mating spud, pipe, any fuel that requires pre-heating, or hose fitting. Hose complying with must comply with subchapter F of this SAE J1475 is also acceptable. chapter. (3) Nonmetallic flexible hose com- (d) Vent pipes for integral fuel tanks. plying with SAE J1942 (incorporated by Each integral fuel tank must meet the reference in § 27.102) is also acceptable. requirements of this paragraph as fol- (f) A towing vessel of less than 24 me- lows: ters (79 feet) in length may comply (1) Each tank must have a vent that with any of the following standards for connects to the highest point of the fuel systems rather than with those of tank, discharges on a weather deck paragraph (e) of this section: through a bend of 180 degrees (3.14 radi- (1) ABYC H–33 (incorporated by ref- ans), and is fitted with a 30-by-30-mesh erence in § 27.102). corrosion-resistant flame screen. Vents (2) Chapter 5 of NFPA 302 (incor- from two or more tanks may combine porated by reference in § 27.102).

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(3) 33 CFR chapter I, subchapter S feet) in length, immediately available (Boating Safety). to attach to it so that a stream of [USCG-2000–6931, 69 FR 34069, June 18, 2004, as water will reach any part of the vessel; amended by USCG–2009–0702, 74 FR 49226, and Sept. 25, 2009] (3) A nozzle made of corrosion-resistant material capable of providing a Subpart C—Fire-Suppression solid stream and a spray pattern. Equipment for Towing Vessels (f) You must stow the pump with its hose and nozzle outside of the machin- § 27.301 What are the requirements for ery space. fire pumps, fire mains, and fire hoses on towing vessels? § 27.303 What are the requirements for By April 29, 2005, you must provide fire-extinguishing equipment on for your towing vessel either a self- towing vessels in inland service, priming, power-driven, fixed fire-pump, and on towing vessels in ocean or a fire main, and hoses and nozzles in coastal service whose construction accordance with paragraphs (a) was contracted for before August through (c) of this section; or a port- 27, 2003? able pump, and hoses and nozzles, in You must carry on your towing ves- accordance with paragraphs (d) and (e) sel both— of this section. (a) The minimum number of hand- (a) The fixed fire-pump must be capa- portable fire extinguishers required by ble of— subpart 25.30 of this part; and (1) Delivering water simultaneously (b) By April 29, 2005, either— from the two highest hydrants, or from both branches of the fitting if the high- (1) An approved B-V semi-portable est hydrant has a Siamese fitting, at a fire-extinguishing system to protect pitot-tube pressure of at least 344 kPa the engine room; or (50 psi) and a flow rate of at least 300 (2) A fixed fire-extinguishing system lpm (80 gpm); and installed to protect the engine room of (2) Being energized remotely from a the vessel. safe place outside the engine room and from the pump. § 27.305 What are the requirements for (b) All valves necessary for the oper- fire-extinguishing equipment on ation of the fire main must be kept in towing vessels in ocean or coastal the open position or must be capable of service whose construction was operation from the same place where contracted for on or after August 27, 2003? the remote fire pump contol is located. (c) The fire main must have a suffi- (a) You must carry on your towing cient number of fire hydrants with at- vessel both— tached hose to reach any part of the (1) The minimum number of hand- machinery space using a single length portable fire extinguishers required by of fire hose. subpart 25.30 of this part; and (d) The hose must be lined commer- (2) An approved B-V semi-portable cial fire-hose, at least 40mm (1.5 fire-extinguishing system to protect inches) in diameter, 15 meters (50 feet) the engine room. in length, and fitted with a nozzle (b) You must have a fixed fire-extin- made of corrosion-resistant material guishing system installed to protect capable of providing a solid stream and the engine room of the vessel. a spray pattern. (e) The portable fire pump must be (c) This section does not apply to any self-priming and power-driven, with— towing vessel pushing a barge ahead, or (1) A minimum capacity of at least hauling a barge alongside, when the 300 lpm (80 gpm) at a discharge gauge barge’s coastwise or Great Lakes route pressure of not less than 414 kPa (60 is restricted (as indicated on its certifi- psi), measured at the pump discharge; cate of inspection), so that the barge (2) A sufficient amount of lined com- may operate ‘‘in fair weather only, mercial fire hose at least 40mm (1.5 within 12 miles of shore,’’ or with inches) in diameter and 15 meters (50 words to that effect.

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PART 28—REQUIREMENTS FOR 28.275 Acceptance criteria for instructors COMMERCIAL FISHING INDUSTRY and course curricula. VESSELS Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Subpart A—General Provisions Similar Stage of Construction on or After or Which Undergo a Major Con- Sec. 28.10 Authority. version Completed on or After Sep- 28.20 OMB control numbers. tember 15, 1991, and That Operate 28.30 Applicability. With More Than 16 Individuals on 28.40 Incorporation by reference. Board 28.50 Definition of terms used in this part. 28.60 Exemption letter. 28.300 Applicability and general require- 28.65 Termination of unsafe operations. ments. 28.70 Approved equipment and material. 28.305 Lifesaving and signaling equipment. 28.73 Accepted organizations. 28.310 Launching of survival craft. 28.76 Similarly qualified organizations. 28.315 Fire pumps, fire mains, fire hydrants, 28.80 Report of casualty. and fire hoses. 28.90 Report of injury. 28.320 Fixed gas fire extinguishing systems. 28.95 Right of appeal. 28.325 Fire detection systems. 28.330 Galley hood and other fire protection Subpart B—Requirements for All Vessels equipment. 28.335 Fuel systems. 28.100 Applicability. 28.340 Ventilation of enclosed engine and 28.105 Lifesaving equipment—general re- fuel tank spaces. quirements. 28.345 Electrical standards for vessels less 28.110 Life preservers or other personal flo- than 79 feet (24 meters) in length. tation devices. 28.350 General requirements for electrical 28.115 Ring life buoys. systems. 28.120 Survival craft. 28.355 Main source of electrical power. 28.125 Stowage of survival craft. 28.360 Electrical distribution systems. 28.130 Survival craft equipment. 28.365 Overcurrent protection and switched 28.135 Lifesaving equipment markings. circuits. 28.140 Operational readiness, maintenance, 28.370 Wiring methods and materials. and inspection of lifesaving equipment. 28.375 Emergency source of electrical power. 28.145 Distress signals. 28.380 General structural fire protection. 28.150 Emergency Position Indicating Radio 28.385 Structural fire protection for vessels Beacons (EPIRBs). that operate with more than 49 individ- 28.155 Excess fire detection and protection uals on board. equipment. 28.390 Means of escape. 28.160 Portable fire extinguishers. 28.395 Embarkation stations. 28.165 Injury placard. 28.400 Radar and depth sounding devices. 28.405 Hydraulic equipment. Subpart C—Requirements for Documented 28.410 Deck rails, lifelines, storm rails, and Vessels That Operate Beyond the hand grabs. Boundary Lines or With More Than 16 Subpart E—Stability Individuals On Board, or for Fish Tender Vessels Engaged in the Aleutian Trade 28.500 Applicability. 28.501 Substantial alterations. 28.200 Applicability. 28.505 Vessel owner’s responsibility. 28.205 Fireman’s outfit and self-contained 28.510 Definitions of stability terms. breathing apparatus. 28.515 Submergence test as an alternative 28.210 First aid equipment and training. to stability calculations. 28.215 Guards for exposed hazards. 28.520–28.525 [Reserved] 28.225 Navigational information. 28.530 Stability instructions. 28.230 Compasses. 28.535 Inclining test. 28.235 Anchors and radar reflectors. 28.540 Free surface. 28.240 General alarm system. 28.545 Intact stability when using lifting 28.245 Communication equipment. gear. 28.250 High water alarms. 28.550 Icing. 28.255 Bilge pumps, bilge piping, and 28.555 Freeing ports. dewatering systems. 28.560 Watertight and weathertight integ- 28.260 Electronic position fixing devices. rity. 28.265 Emergency instructions. 28.565 Water on deck. 28.270 Instruction, drills, and safety ori- 28.570 Intact righting energy. entation. 28.575 Severe wind and roll. 28.580 Unintentional flooding. 294

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28.590–28.630 [Reserved] society, or an agent of the ABS or similar society; sections 4502 and 4506 Subpart F—Fish Processing Vessels which require safety equipment and 28.700 Applicability. operational stability for certain vessels 28.710 Examination and certification of in the commercial fishing industry; compliance. section 6104 which requires the Sec- 28.720 Survey and classification. retary of Transportation to compile statistics concerning marine casualties Subpart G—Aleutian Trade Act Vessels compiled from vessel insurers and to 28.800 Applicability and general require- delegate that authority to compile sta- ments. tistics from insurers to a qualified per- 28.805 Launching of survival craft. son; and section 10603 which requires 28.810 Deck rails, lifelines, storm rails and seamen on commercial fishing industry hand grabs. vessels to give notice of illness, injury, 28.815 Bilge pumps, bilge piping, and dewatering systems. or disability to their employer. 28.820 Fire pumps, fire mains, fire hydrants, [CGD 88–079, 56 FR 40393, Aug. 14, 1991, as and fire hoses. amended by USCG–2010–0759, 75 FR 60002, 28.825 Excess fire detection and protection Sept. 29, 2010] equipment. 28.830 Fire detection system. § 28.20 OMB control numbers. 28.835 Fuel systems. 28.840 Means for stopping pumps, ventila- (a) This section collects and displays tion, and machinery. the control numbers assigned to infor- 28.845 General requirements for electrical mation collection and recordkeeping systems. requirements in this part by the Office 28.850 Main source of electrical power. of Management and Budget (OMB) pur- 28.855 Electrical distribution systems. suant to the Paperwork Reduction Act 28.860 Overcurrent protection and switched circuits. of 1980 (44 U.S.C. 3501 et seq.). This sec- 28.865 Wiring methods and materials. tion complies with the requirements of 28.870 Emergency source of electrical power. 44 U.S.C. 3507(f) which requires that 28.875 Radar, depth sounding, and auto- agencies display a current control pilot. number assigned by the Director of the 28.880 Hydraulic equipment. OMB for each approved agency infor- 28.885 Cargo gear. mation collection requirement. 28.890 Examination and certification of compliance. (b) Display. 28.895 Loadlines. 46 CFR part or section where identified or de- Current OMB 28.900 Post accident inspection. scribed control No. 28.905 Repairs and alterations. § 28.80 ...... 1625–0061 AUTHORITY: 46 U.S.C. 3316, 4502, 4505, 4506, § 28.90 ...... 1625–0061 6104, 10603; Department of Homeland Secu- § 28.135 ...... 1625–0061 rity Delegation No. 0170.1. § 28.165 ...... 1625–0061 § 28.530 ...... 1625–0061 SOURCE: CGD 88–079, 56 FR 40393, Aug. 14, § 28.710 ...... 1625–0061 1991, unless otherwise noted. § 28.720 ...... 1625–0061

Subpart A—General Provisions [CGD 88–079, 56 FR 40393, Aug. 14, 1991, as amended by USCG-2004–18884, 69 FR 58344, § 28.10 Authority. Sept. 30, 2004] The regulations in this part are prescribed by the Commandant of the § 28.30 Applicability. Coast Guard, pursuant to a delegation (a) Except as provided in paragraph of authority by the Secretary of Home- (b) of this section, this part is applica- land Security set forth in Department ble to all United States flag vessels not of Homeland Security Delegation No. inspected under this chapter that are 0170.1, to carry out the intent and pur- commercial fishing, fish processing, or pose of 46 U.S.C. 3316 which authorizes fish tender vessels. This includes ves- the Secretary to rely on reports, docu- sels documented under the provisions ments, and certificates issued by the of subchapter G of this chapter and American Bureau of Shipping (ABS) or vessels numbered by a State or the a similar United States classification Coast Guard under the provisions of 33

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CFR subchapter S. Certain regulations this section, the Coast Guard must in this part apply only to limited cat- publish notice of change in the FED- egories of vessels. Specific applica- ERAL REGISTER and make the material bility statements are provided at the available to the public. All approved beginning of those regulations. material is on file at the U.S. Coast (b) This part does not apply to a Guard, Office of Design and Engineer- small boat or auxiliary craft that is de- ing Standards (CG–521), 2100 2nd St. ployed from a fishing industry vessel SW., Stop 7126, Washington, DC 20593– for the purpose of handling fishing 7126 or at the National Archives and gear. Records Administration (NARA). For [CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR information on the availability of this 49822, Oct. 1, 1991, as amended by USCG-2004– material at NARA, call 202–741–6030, or 18884, 69 FR 58344, Sept. 30, 2004; USCG–2004– go to: http://www.archives.gov/ 18884, 69 FR 68089, Nov. 23, 2004] federallregister/ § 28.40 Incorporation by reference. codeloflfederallregulations/ (a) Certain material is incorporated ibrllocations.html. All material is by reference into this part with the ap- available from the sources indicated in proval of the Director of the Federal paragraph (b) of this section. Register in accordance with 5 U.S.C. (b) The material approved for incor- 552(a). To enforce any edition other poration by reference in this part and than that specified in paragraph (b) of the sections affected are:

American Boat and Yacht Council (ABYC), 613 Third Street, Suite 10, Annapolis, MD 21403 E–1–1972—Bonding of Direct Current Systems ...... 28.345 E–8–1985—Alternating Current (AC) Electrical Systems on 28.345 Boats. E–9–1981—Recommended Practices and Standards Covering 28.345 Direct Current (DC) Electrical Systems on Boats. H–2–1989—Ventilation of Boats Using Gasoline ...... 28.340 H–25–1986—Portable Fuel Systems for Flammable Liquids .. 28.335 H–33–1989—Diesel Fuel Systems ...... 28.335 P–1–1986—Installation of Exhaust Systems for Propulsion 28.380 and Auxiliary Engines. American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428–2959. ASTM F 1321–92, Standard Guide for Conducting a Stability 28.535 Test (Lightweight Survey and Inclining Experiment) to Determine the Light Ship Displacement and Centers of Gravity of a Vessel. International Maritime Organization (IMO), Publications Section, 4 Albert Embankment, London SE1 7SR, United Kingdom: Resolution A.658(16) ‘‘Use and Fitting of Retro-Reflective 28.135 Materials on Life-Saving Appliances’’, dated November 1989. National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02269: 70–1990—National Electrical Code (also known as ANSI/ 28.350; 28.370; 28.865 NFPA 70–1990). 302–1989—Pleasure and Commercial Motor Craft ...... 28.335; 28.340; 28.345 17–1985—Dry Chemical Extinguishing Systems ...... 28.330 17A-1986—Wet Chemical Extinguishing Systems ...... 28.330 Society of Automotive Engineers (SAE), 400 Commonwealth Drive, Warrendale, PA 15096; SAE J 1475–1984—Hydraulic Hose Fitting for Marine Appli- 28.880 cations. SAE J 1942–1989—Hose and Hose Assemblies for Marine Ap- 28.405 plications. Underwriters Laboratories, Inc. (UL), 12 Laboratory Drive, Research Triangle Park, NC 27709–3995 UL 217–1985—Single and Multiple Station Smoke Detectors 28.325; 28.830

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UL 710–1990—Exhaust Hoods for Commercial Cooking 28.330 Equipment.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 95–072, 60 FR 50461, Sept. 29, 1995; CGD 94–025, 60 FR 54444, Oct. 24, 1995; CGD 96–041, 61 FR 50726, Sept. 27, 1996; CGD 97–057, 62 FR 51042, Sept. 30, 1997; USCG-1999–5151, 64 FR 67176, Dec. 1, 1999; USCG–2009–0702, 74 FR 49226, Sept. 25, 2009; USCG–2010–0759, 75 FR 60002, Sept. 29, 2010]

§ 28.50 Definition of terms used in this Coast Guard Boarding Officer means a part. commissioned, warrant, or petty offi- Accepted organization means an orga- cer of the Coast Guard having author- nization which has been designated by ity to board any vessel under the Act the Commandant for the purpose of ex- of August 4, 1949, 63 Stat. 502, as amining commercial fishing industry amended (14 U.S.C. 89). vessels under the provisions of § 28.73. Coast Guard Representative means a Accommodations include: person employed at the cognizant U.S. (1) A messroom. Coast Guard Sector Office or Marine Inspection Office, or an accepted orga- (2) A lounge. nization, or a similarly qualified orga- (3) A sitting area. nization approved in examining com- (4) A recreation room. mercial fishing industry vessels. Con- (5) Quarters. tact Office of Vessel Activities, Fishing (6) A toilet space. Vessels Division, Commandant (CG- (7) A shower room. 5433), U.S. Coast Guard, 2100 2nd St. (8) A galley. SW., Stop 7581, Washington, DC 20593– (9) Berthing facilities. 7581 for a current list of accepted orga- (10) A clothing changing room. nizations or similarly qualified organi- Alcohol concentration means either zations. grams of alcohol per 100 milliliters of Coastal Service Pack means equipment blood, or grams of alcohol per 210 liters provided in liferafts approved by the of breath. Commandant for coastal service. Aleutian trade means the transpor- Coastal waters means coastal waters tation of cargo, including fishery re- as defined in 33 CFR 175.105. lated products, for hire on board a fish Coastline means the territorial sea tender vessel to or from a place in baseline as defined in 33 CFR 2.20. Alaska west of 153 degrees West lon- Cold water means water where the gitude and east of 172 degrees East lon- monthly mean low water temperature gitude if that place receives weekly is normally 59 °F (15 °C) or less. common carrier service by water, to or Commandant means the Commandant from a place in the United States, ex- of the Coast Guard or an authorized cept a place in Alaska. representative of the Commandant of Approved means approved by the the Coast Guard. Commandant unless otherwise stated. Commercial fishing industry vessel Auxiliary Craft means a vessel that is means a fishing vessel, fish tender ves- carried onboard a commercial fishing sel, or a fish processing vessel. vessel and is normally used to support Currently corrected means corrected fishing operations. with changes contained in all Notice to Boundary lines means the lines de- Mariners published by the Defense scribed in part 7 of this chapter. In gen- Mapping Agency Hydrographic/Topo- eral, they follow the trend of the sea- graphic Center. ward high water shorelines and cross Custom engineered means, when refer- entrances to small bays, inlets, and ring to a fixed gas fire extinguishing rivers. In some areas, they are along system, a system that is designed for a the 12-mile line that marks the sea- specific space requiring individual cal- ward limits of the territorial sea and, culations for the extinguishing agent in other areas, they come ashore. volume, flow rate, and piping, among Buoyant Apparatus means a buoyant other factors, for the space. apparatus approved by the Com- District Commander means an officer mandant. of the Coast Guard designated as such

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by the Commandant to command all Inflatable Liferaft means an inflatable Coast Guard activities within a dis- liferaft that is approved by the Com- trict. mandant. Documented vessel means a vessel for Length means the length listed on the which a Certificate of Documentation vessel’s Certificate of Documentation has been issued under the provisions of or Certificate of Number. 46 CFR part 67. Lifeboat means a lifeboat approved by Equipment Packs means equipment the Commandant. provided in liferafts approved by the Liferaft means a liferaft approved by Commandant. the Commandant. Especially hazardous condition means Major conversion means a conversion a condition which may be life threat- of a vessel that— ening or lead to serious injury if con- (1) Substantially changes the dimen- tinued. sions or carrying capacity of the ves- Fish means finfish, mollusks, crusta- sel; ceans, and all other forms of marine (2) Changes the type of the vessel; animal and plant life, except marine (3) Substantially prolongs the life of mammals and birds. the vessel; or Fish processing vessel means a vessel (4) Otherwise so changes the vessel that commercially prepares fish or fish that it is essentially a new vessel, as products other than by gutting, decapi- determined by the Commandant. tating, gilling, skinning, shucking, icing, freezing, or brine chilling. Mile means a nautical mile. Fish tender vessel means a vessel that North Pacific Area means all waters of commercially supplies, stores, refrig- the North Pacific Ocean and Bering ° ′ erates, or transports fish, fish prod- Sea north of 48 30 north latitude in- ucts, or materials directly related to cluding waters in contiguous bays, in- fishing or the preparation of fish to or lets, rivers, and sounds. from a fishing, fish processing or fish Officer in Charge, Marine Inspection tender vessel or a fish processing facil- (OCMI) means an officer of the Coast ity. Guard who commands a Marine Inspec- Fishing vessel means a vessel that tion Zone described in 33 CFR part 3 or commercially engages in the catching, an authorized representative of that of- taking, or harvesting of fish or an ac- ficer. tivity that can reasonably be expected Open to the atmosphere means a space to result in the catching, taking, or that has at least 15 square inches (9680 harvesting of fish. square millimeters) of open area di- Fishing Vessel Drill Conductor means rectly exposed to the atmosphere for an individual who meets the training each cubic foot (0.0283 cubic meters) of requirements of 46 CFR 28.270(c) for net volume of the space. conducting drills and providing in- Operating station means the principal struction once a month to each indi- steering station on the vessel from vidual on board those vessels to which which the vessel is normally navigated. Subpart C of this section applies. Pre-engineered means, when referring Fishing Vessel Safety Instructor means to a fixed gas fire extinguishing sys- an individual or organization that has tem, a system that is designed and been accepted by the local Officer-in- tested to be suitable for installation as Charge, Marine Inspection to train a complete unit in a space of a set vol- Fishing Vessel Drill Conductors to con- ume, without modification, regardless duct drills and provide instruction on of the vessel on which installed. those vessels to which subpart C of this Similarly qualified organization means part applies. an organization which has been des- Gasoline as used in this part includes ignated by the Commandant for the gasoline-alcohol blends and any other purpose of classing or examining com- fuel having a flash point of 110 °F (43.3 mercial fishing industry vessels under °C) or lower. the provisions of § 28.76. Inflatable Buoyant Apparatus means Switchboard means an electrical an inflatable buoyant apparatus ap- panel which receives power from a gen- proved by the Commandant. erator, battery, or other electrical

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power source and distributes power di- writing. In granting a request, the Dis- rectly or indirectly to all equipment trict Commander will specify the terms supplied by the power source. under which the exemption is granted Warm water means water where the and distribute the letter describing monthly mean low water temperature these terms to the party or parties re- is normally more than 59 °F. (15° C.). questing the exemption. Watertight means designed and con- (d) Exemption letter. Exemption let- structed to withstand a static head of ters, or suitable copies, describing the water without any leakage, except that terms under which the exemption is ‘‘watertight’’ for the purposes of elec- granted shall be maintained at all trical equipment means enclosed so times on board each vessel to which that equipment does not leak when a any exemption applies. stream of water from a hose with a (e) Right of appeal. Any person di- nozzle one inch (25.4 millimeters) in directly affected by a decision or action ameter that delivers at least 65 gallons taken under this part may appeal in (246 liters) per minute is played on the accordance with § 1.03 of this chapter. enclosure from any direction from a (f)Rescinding an exemption letter. Ex- distance of 10 feet (3 meters) for five emptions granted may be rescinded by minutes. the District Commander if it is subse- means the uppermost Weather deck quently determined that the safety of deck exposed to the weather to which a the vessel and those onboard is ad- weathertight sideshell extends. versely affected. Weathertight means that water will not penetrate into the unit in any sea [CDG 96–046, 62 FR 46675, Sept. 4, 1997] condition. § 28.65 Termination of unsafe oper- [CGD 88–079, 56 FR 40393, Aug. 14, 1991, as ations. amended by CGD 94–025, 60 FR 54444, Oct. 24, 1995; CGD 96–041, 61 FR 50726, Sept. 27, 1996; (a) A Coast Guard Boarding Officer CGD 96–046, 61 FR 57272, Nov. 5, 1996; USCG- may direct the master or individual in 2001–9044, 68 FR 42602, July 18, 2003; USCG- charge of a vessel, with the concur- 2004–18884, 69 FR 58344, Sept. 30, 2004; USCG– rence of the District Commander, or 2006–25556, 72 FR 36330, July 2, 2007; USCG– staff authorized by the District Com- 2008–0906, 73 FR 56508, Sept. 29, 2008; USCG– 2009–0702, 74 FR 49226, Sept. 25, 2009; USCG– mander, to immediately take reason- 2010–0759, 75 FR 60002, Sept. 29, 2010] able steps necessary for the safety of individuals on board the vessel if the § 28.60 Exemption letter. Boarding Officer observes the vessel (a) Types of exemptions. (1) Specific ex- being operated in an unsafe manner emption means an exemption for an in- and determines that an especially haz- dividual commercial fishing industry ardous condition exists. This may in- vessel. clude directing the master or indi- (2) Class exemption means an exemp- vidual in charge of the vessel to return tion for a class or fleet of commercial the vessel to a mooring and remain fishing industry vessels. there until the situation creating the (b) Exemption procedure. A request for especially hazardous condition is cor- an exemption of either type must be in rected or other specific action is taken. writing, have specific reasons for the (b) Hazardous conditions include, but request, and be sent to the Coast Guard are not limited to, operation with— District Office having jurisdiction over (1) An insufficient number of life- the waters where the vessel(s) will be saving equipment on board, to include operating. Coast Guard District geo- serviceable Personal Flotation Devices graphical areas are described in 33 CFR (PFDs), serviceable immersion suits, or part 3. The District Commander will adequate survival craft capacity. review the request to determine that: (2) An inoperable Emergency Posi- (1) Good cause exists for granting an tion Indicating Radio Beacon (EPIRB) exemption; and or radio communication equipment (2) The safety of the vessel and those when required by regulation. There on board will not be adversely affected. should be at least one operable means (c) The District Commander will ei- of communicating distress. When both ther approve or deny the request in are required, then at least one must be

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in operable condition to avoid termi- be found on the internet at: http:// nation of the voyage; cgmix.uscg.mil/equipment. Each OCMI (3) Inadequate firefighting equipment may be contacted for information con- on board; cerning approved equipment. (4) Excessive volatile fuel (gasoline [CGD 88–079, 56 FR 40393, Aug. 14, 1991, as or solvents) or volatile fuel vapors in amended by USCG-2004–18884, 69 FR 58344, bilges; Sept. 30, 2004] (5) Instability resulting from over- loading, improper loading or lack of § 28.73 Accepted organizations. freeboard; An organization desiring to be des- (6) Inoperable bilge system; ignated by the Commandant as an ac- (7) Intoxication of the master or indi- cepted organization must request such vidual in charge of a commercial fish- designation in writing. As a minimum ing vessel. An individual is intoxicated the organization must verify that it is when he/she is operating a commercial an organization— fishing vessel and has an alcohol concentration of .04 percent, or the intoxi- (a) With a Code of Ethics; cant’s effect on the person’s manner, (b) Whose surveyors are familiar with disposition, speech, muscular move- the requirements of this chapter re- ment, general appearance or behavior lated to commercial fishing industry is apparent by observation; vessels; (8) A lack of adequate operable navi- (c) Whose surveyors are familiar with gation lights during periods of reduced the operations and equipment on board visibility; commercial fishing industry vessels; (9) Watertight closures missing or in- (d) Whose only interest in the fishing operable; industry is in ensuring the safety of (10) Flooding or uncontrolled leakage commercial fishing industry vessels in any space; or and surveying commercial fishing in- (11) A missing or expired certificate dustry vessels; of class, as required by 46 U.S.C. 4503(1), (e) That has grievance procedures; for a fish processing vessel. (f) That has procedures for accepting (c) A Coast Guard Boarding Officer and terminating membership of an in- may direct the individual in charge of dividual, including minimum profes- a fish processing vessel that is missing sional qualifications for surveyors; a Load Line Certificate, or that does (g) That maintains a roster of not comply with the provisions of the present and past accepted members and Load Line Certificate issued by the surveyors; and American Bureau of Shipping or a (h) That has an Apprentice/Associate similarly qualified organization, to re- program for surveyors. turn the vessel to a mooring and to remain there until the vessel obtains § 28.76 Similarly qualified organiza- such a certificate. tions. An organization desiring to be des- [CGD 96–046, 61 FR 57273, Nov. 5, 1996, as amended at CGD 96–046, 62 FR 46676, Sept. 4, ignated by the Commandant as a simi- 1997; USCG-2004–18884, 69 FR 58344, Sept. 30, larly qualified organization must re- 2004] quest such designation in writing. As a minimum the organization must verify § 28.70 Approved equipment and mate- that it— rial. (a) Publishes standards for vessel de- (a) Equipment and material that is sign and construction which are as required by this subchapter to be ap- widely available as and which are of proved or of an approved type, must similar content to the standards pub- have been manufactured and approved lished by the ABS; in accordance with the design and test- (b) Performs periodic surveys in a ing requirements in Subchapter Q of wide range of localities during and this chapter or as otherwise specified after construction to ensure compli- by the Commandant. ance with published standards, includ- (b) A listing of current and formerly ing drydock examinations, in a manner approved equipment and materials may similar to the ABS;

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(c) Issues certificates testifying to (1) The name and address of the ves- compliance with the published stand- sel owner and vessel operator, if dif- ards; ferent than the vessel owner; (d) Has as its primary concern the (2) The name and address of the un- survey and classification of vessels; derwriter of primary insurance for the (e) Has no interest in owning or oper- vessel; ating fishing, fish processing, or fish (3) The name, registry number, call tender vessels; and sign, gross tonnage, year of build, (f) Maintains records of surveys and length, and hull material of the vessel; (4) The date, location, primary cause, makes such records available to the and nature of the casualty; Coast Guard upon request in a manner (5) The specific fishery, intended similar to the ABS. catch, and length of fishery opening when applicable; § 28.80 Report of casualty. (6) The date that the casualty was re- (a) Except for a casualty which is reported to the underwriter of primary quired to be reported to the Coast insurance for the vessel, or to an orga- Guard on Form CG 2692 in accordance nization acceptable to the Com- with part 4 of this chapter, the owner, mandant; agent, operator, master, or individual (7) The activity of the vessel at the in charge of a vessel involved in a cas- time of the casualty; ualty must submit a report in accord- (8) The weather conditions at the ance with paragraph (c) of this section, time of the casualty, if the weather as soon as possible after the casualty, caused or contributed to the cause of to the underwriter of primary insur- the casualty; ance for the vessel or to an organiza- (9) The damages to or by the vessel, tion listed in paragraph (d) of this sec- its apparel, gear, or cargo; tion whenever the casualty involves (10) The monetary amounts paid for any of the following. damages; (1) Loss of life. (11) The name, birth date, social se- (2) An injury that requires profes- curity number, address, job title, sional medical treatment (treatment length of disability, activity at the time of injury, type of injury, and med- beyond first aid) and that renders the ical treatment required for each indi- individual unfit to perform his or her vidual incapacitated for more than 72 routine duties. hours, or deceased as a result of the (3) Loss of a vessel. casualty; (4) Damage to or by a vessel, its (12) The name, registry number, and cargo, apparel or gear, except for fish- call sign of every other vessel involved ing gear while not on board a vessel, or in the casualty; and that impairs the seaworthiness of the (13) The monetary amount paid for vessel, or that is initially estimated at an injury or a death. $2,500.00 or more. (d) A casualty to a commercial fish- (b) Each underwriter of primary in- ing industry vessel must be reported to surance for a commercial fishing indus- an organization that has knowledge try vessel must submit a report of each and experience in the collection and casualty involving that vessel to an or- processing of statistical insurance data ganization listed in paragraph (d) of and that has been accepted by the this section within 90 days of receiving Commandant to receive and process notice of the casualty and whenever it casualty data under this part. The pays a claim resulting from the cas- Commandant has accepted for this pur- ualty. Initial reports must be in ac- pose: cordance with paragraph (c) of this sec- (1) Marine Index Bureau (a division of tion. Subsequent reports must contain ISO Claim Search), Floor 22–8, 545 sufficient information to identify the Washington Boulevard, Jersey City, casualty and any new or corrected cas- NJ, 07310–1686. ualty data. (2) [Reserved] (c) Each report of casualty must in- NOTE: The Coast Guard intends to treat include the following information: formation collected under this section from

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underwriters of primary insurance as exempt § 28.105 Lifesaving equipment—gen- from disclosure under the Freedom of Infor- eral requirements. mation Act because it is commercial and financial information which, if disclosed, (a) In addition to the requirements of would be likely to cause substantial harm to this subpart, each commercial fishing the competitive position of the underwriter. industry vessel must comply with the requirements of part 25, subpart 25.25 of [CGD 88–079, 56 FR 40393, Aug. 14, 1991, as this chapter. amended by CGD 96–046, 61 FR 57273, Nov. 5, (b) Except as provided in § 28.120(d), 1996; USCG–2008–0906, 73 FR 56509, Sept. 29, each item of lifesaving equipment car- 2008] ried on board a vessel to meet the re- § 28.90 Report of injury. quirements of this part must be approved by the Commandant. Equip- Each individual employed on a comment for personal use which is not re- mercial fishing industry vessel must quired by this part need not be ap- notify the master, individual in charge proved by the Commandant. of the vessel, or other agent of the employer of each illness, disability, or in- § 28.110 Life preservers or other per- jury suffered while in service to the sonal flotation devices. vessel not later than seven days after (a) Except as provided by § 28.305 of the date on which the illness, dis- this chapter, each vessel must be ability, or injury arose. equipped with at least one immersion suit, exposure suit, or wearable per- § 28.95 Right of appeal. sonal flotation device of the proper size Any person directly affected by a de- for each individual on board as speci- cision or action taken under this part, fied in table 28.110 and part 25, subpart 25.25 of this chapter. Notwithstanding by or on behalf of the Coast Guard, the provisions of paragraphs (c) and (d) may appeal therefrom in accordance of § 25.25–1 of this chapter, each com- with part 1, subpart 1.03 of this chap- mercial fishing industry vessel pro- ter. pelled by sail or a manned barge employed in commercial fishing activities Subpart B—Requirements for All must meet the requirements of this Vessels paragraph. (b) Each wearable personal flotation § 28.100 Applicability. device must be stowed so that it is Each commercial fishing industry readily accessible to the individual for vessel must meet the requirements of whom it is intended, from both the in- this subpart, in addition to the require- dividual’s normal work station and berthing area. If there is no location ments of parts 24, 25, and 26 of this accessible to both the work station and chapter. the berthing area, an appropriate device must be stowed in both locations.

TABLE 28.110—PERSONAL FLOTATION DEVICES AND IMMERSION SUITS

Applicable waters Vessel type Devices required Other regulations

Seaward of the Boundary Line Documented Vessel .. Immersion suit or exposure suit. 28.135; 25.25–9(a); 25.25–13; and North of 32°N or South of 25.25–15. 32°S; and Lake Superior. Coastal Waters on the West All vessels ...... do ...... Do. Coast of the United States north of Point Reyes, CA; Be- yond Coastal Waters, cold water; and Lake Superior. All other waters (Includes all 40 feet (12.2 meters) Type I, Type V commercial hy- 28.135; 25.25–5(e); 25.25–5(f); Great Lakes except Lake Su- or more in length. brid, immersion suit, or expo- 25.25–9(a); 25.25–13; 25.25– perior). sure suit.1 15. Less than 40 feet Type I, Type II, Type III, Type V Do. (12.2 meters) in commercial hybrid, immersion length. suit, or exposure suit.1 1 Certain Type V personal flotation devices are approved for substitution for Type I, II, or III personal flotation devices when used in accordance with the conditions stated in the Coast Guard approval table.

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[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 88–079b, 57 FR 34189, Aug. 3, 1992; CGD 95–012, 60 FR 48048, Sept. 18, 1995; USCG-2000–7790, 65 FR 58458, Sept. 29, 2000]

§ 28.115 Ring life buoys. gate capacity to accommodate the total number of individuals on board. (a) Except as provided in paragraph (b) The requirements of this section (b) of this section and § 28.305, each ves- do not apply to vessels less than 10.97 sel must be equipped with a throwable meters (36 feet) in length with 3 or flotation device or a ring life buoy as fewer individuals on board which oper- specified in table 28.115. If the vessel is ate within 12 miles of the coastline. equipped with a ring life buoy, at least (c) A buoyant apparatus may be sub- one ring life buoy must be equipped stituted instead of the requirements in with a line which is at least: this section for vessels 10.97 meters (36 (1) 60 feet (18.3 meters) in length for feet) or more in length with 3 or fewer a vessel less than 65 feet (19.8 meters) individuals on board which operate in length; or within 12 miles of the coastline. (2) 90 feet (27.4 meters) in length for (d) Each survival craft installed on a vessel 65 feet (19.8 meters) or more in board a vessel before September 15, length. 1991, may continue to be used to meet (b) For each vessel less than 65 feet the requirements of this section pro- (19.8 meters) in length, an approved 20 vided the survival craft is— inch (0.51 meters) or larger ring life (1) Of the same type as required in buoy which is in serviceable condition Tables 28.120(a), 28.120(b), or 28.120(c), and which was installed on board be- as appropriate for the vessel type; and fore September 15, 1991, may be used to (2) Maintained in good and service- meet the requirements of paragraph (a) able condition. of this section. (e) Each inflatable liferaft installed on board a vessel before September 15, TABLE 28.115—THROWABLE FLOTATION 1991, may continue to be used to meet DEVICES the requirements for an approved inflatable liferaft, provided the existing Vessel length Devices required liferaft is— Less than 16 feet None. (1) Maintained in good and service- (4.9 meters). able condition as required by Table 16 feet (4.9 meters) 1 buoyant cushion, or ring life buoy 28.140; and or more, but less (Type IV PFD). (2) Equipped with the equipment than 26 feet (7.9 meters). pack required by Tables 28.120(a), 26 feet (7.9 meters) 1 ring life buoy approval number 28.120(b), or 28.120(c), as appropriate for or more, but less starting with 160.009 or 160.050; the vessel type. Where no equipment than 65 feet (19.8 orange; at least 24 inch (0.61 me- pack is specified in Tables 28.120(a), meters). ters) size. 65 feet (19.8 meters) 3 ring life buoys, approval number 28.120(b), or 28.120(c), a coastal service or more. 160.050; orange; at least 24 inch pack is the minimum required. (0.61 meters) size. (f) A lifeboat may be substituted for any survival craft required by this sec- NOTE: Certain Type V PFDs are approved tion, provided it is arranged and for use in substitution for Type IV PFDs, equipped in accordance with part 199 of when used in accordance with the conditions this chapter. stated in the Coast Guard approval label. (g) The capacity of an auxiliary craft [CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR carried on board a vessel that is inte- 47679, Sept. 20, 1991; 56 FR 49822, Oct. 1, 1991; gral to and necessary for normal fish- CGD 95–012, 60 FR 48048, Sept. 18, 1995] ing operations will satisfy the requirements of this section for survival craft, § 28.120 Survival craft. except for an inflatable liferaft, pro- (a) Except as provided in paragraphs vided the craft is readily accessible (b) through (h) of this section and during an emergency and is capable of 28.305, each vessel must carry the sur- safely holding all individuals on board vival craft specified in Table 28.120(a), the vessel. If the auxiliary craft is Table 28.120(b), or Table 28.120(c), as ap- equipped with a Coast Guard required propriate for the vessel, in an aggre- capacity plate, the boat must not be

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loaded so as to exceed the rated capac- in paragraph (a) of this section for op- ity. eration on— (h) A vessel less than 10.97 meters (36 (1) Any waters within 12 miles of the feet) in length that meets the flotation coastline. provisions of 33 CFR part 183 is exempt (2) Rivers. from the requirement for survival craft

TABLE 28.120(a)—SURVIVAL CRAFT FOR DOCUMENTED VESSELS

Area Vessel type Survival craft required

Beyond 50 miles of coastline ...... All ...... Inflatable liferaft with SOLAS A pack. Between 20–50 miles of coastline, cold waters ...... All ...... Inflatable liferaft with SOLAS B pack. Between 20–50 miles of coastline, warm waters ...... All ...... Inflatable liferaft. Beyond Boundary Line, between 12–20 miles of coast- All ...... Inflatable liferaft. line, cold waters. Beyond Boundary Line, within 12 miles of coastline, 10.97 meters (36 feet) or Inflatable buoyant apparatus. See note 2. cold waters. more in length. Beyond Boundary Line, within 12 miles of coastline, Less than 10.97 meters (36 Buoyant apparatus. cold waters. feet) in length. See note 2. Beyond Boundary Line, within 20 miles of coastline, All ...... Life float. See note 2. warm waters. Inside Boundary Line, cold waters; or Lakes, bays, 10.97 meters (36 feet) or Inflatable buoyant apparatus. sounds, cold waters; or Rivers, cold waters. more in length. See note 2. Inside Boundary Line, cold waters; or Lakes, bays, Less than 10.97 meters (36 Buoyant apparatus. sounds, cold waters; or Rivers, cold waters. feet) in length. See note 2. Inside Boundary Line, warm waters; or Lakes, bays, All ...... None. sounds, warm waters; or Rivers, warm waters. Great Lakes, cold waters ...... 10.97 meters (36 feet) or Inflatable buoyant apparatus. more in length. See note 2. Great Lakes, cold waters ...... Less than 10.97 meters (36 Buoyant apparatus. feet) in length. See note 2. Great Lakes, beyond 3 miles of coastline, warm waters All ...... Buoyant apparatus. See note 2. Great Lakes, within 3 miles of coastline, warm waters All ...... None.

NOTE: 1. The hierarchy of survival craft in descending order is lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft with SOLAS B pack, inflatable liferaft with coastal service pack, inflatable buoyant apparatus, life float, buoyant apparatus. A survival craft higher in the hierarchy may be substituted for any survival craft required in this table. 2. If a vessel carriers 3 or fewer individuals within 12 miles of the coastline, see § 28.120 (b) and (c) for carriage substitution.

TABLE 28.120(b)—SURVIVAL CRAFT FOR UNDOCUMENTED VESSELS WITH NOT MORE THAN 16 INDIVIDUALS ON BOARD

Area Vessel type Survival craft required

Beyond 20 miles of coastline ...... All ...... Inflatable buoyant apparatus. Beyond Boundary Line, between 12–20 miles of coast- All ...... Inflatable buoyant apparatus. line, cold waters. Beyond Boundary Line, within 12 miles of coastline, 10.97 meters (36 feet) or Buoyant apparatus. cold waters. more in length. Beyond Boundary Line, within 12 miles of coastline, Less than 10.97 meters (36 Buoyant apparatus. cold waters. feet) in length. See note 2. Beyond Boundary Line, within 20 miles of coastline, All ...... Life float. See note 2. warm waters. Inside Boundary Line, cold waters; or Lakes, bays, 10.97 meters (36 feet) or Buoyant apparatus. sounds, cold waters; or rivers, cold water. more in length. Inside Boundary Line, cold waters; or Lakes, bays, Less than 10.97 meters (36 Buoyant apparatus sounds, cold waters; or Rivers, cold water. feet) in length. See note 2. Inside Boundary Line, warm waters; or Lakes, bays, All ...... None. sounds, warm waters; or Rivers, warm waters. Great Lakes, cold waters ...... All ...... Buoyant apparatus. See note 2. Great Lakes, beyond 3 miles of coastline warm waters All ...... Buoyant apparatus. See note 2. Great Lakes, within 3 miles of coastline warm waters .. All ...... None.

NOTE: 1. The hierarchy of survival craft in descending order is lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft with SOLAS B pack, inflatable liferaft with coastal service pack, inflatable buoyant apparatus, life float, buoyant apparatus. A survival craft higher in the hierarchy may be substituted for any survival craft required in this table. 2. If a vessel carries 3 or fewer individuals within 12 miles of the coastline, see § 28.120 (b) and (c) for carriage substitution.

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TABLE 28.120(c)—SURVIVAL CRAFT FOR UNDOCUMENTED VESSELS WITH MORE THAN 16 INDIVIDUALS ON BOARD

Area Vessel type Survival craft required

Beyond 50 miles of coastline ...... All ...... Inflatable liferaft with SOLAS A pack. Between 20–50 miles of coastline, cold waters ...... All ...... Inflatable liferaft with SOLAS B pack. Between 20–50 miles of coastline, warm waters ...... All ...... Inflatable liferaft. Beyond Boundary Line, between 12–20 miles of coast- All ...... Inflatable liferaft. line, cold waters. Beyond Boundary Line, within 12 miles of coastline, 10.97 meters (36 feet) or Inflatable bouyant apparatus. cold waters. more in length. Beyond Boundary Line, within 12 miles of coastline, Less than 10.97 meters (36 Buoyant apparatus. cold waters. feet) in length. Beyond Boundary Line, within 20 miles of coastline, All ...... Life float. warm waters. Inside Boundary Line, cold waters; or Lakes, bays, 10.97 meters (36 feet) or Inflatable buoyant apparatus. sounds, cold waters; or Rivers, cold waters. more in length. Inside Boundary Line, cold waters; or Lakes, bays, Less than 10.97 meters (36 Buoyant apparatus. sounds, cold waters; or Rivers, cold waters. feet) in length. Inside Boundary Line, warm waters; or Lakes, bays, All ...... None. sounds, warm waters; or Rivers, warm waters. Great Lakes, cold waters ...... 10.97 meters (36 feet) or Inflatable buoyant apparatus. more in length. Great Lakes, cold waters ...... Less than 10.97 meters (36 Buoyant apparatus. feet) in length. Great Lakes, beyond 3 miles of coastline warm waters All ...... Buoyant apparatus. Great Lakes, within 3 miles of coastline warm waters .. All ...... None.

NOTE: 1. The hierarchy of survival craft in descending order is lifeboat, liferaft with SOLAS A pack, Inflatable liferaft with SOLAS A pack, liferaft with SOLAS B pack, Inflatable liferaft with SOLAS B pack, Inflatable liferaft with coastal service pack, inflatable buoyant apparatus, life float, buoyant apparatus. A survival craft higher in the hierarchy may be substituted for any survival craft required in this table.

[CGD 96–046, 61 FR 57273, Nov. 5, 1996; CGD 96–046, 61 FR 68162, Dec. 27, 1996, as amended by CGD 96–046, 62 FR 46676, Sept. 4, 1997; USCG-2002–13058, 67 FR 61278, Sept. 30, 2002]

§ 28.125 Stowage of survival craft. (b) Inflatable liferafts. Each inflatable liferaft must have one of the following (a) Each inflatable liferaft required to be equipped with a SOLAS A or a equipment packs as shown by the SOLAS B equipment pack must be markings on its container: stowed so as to float free and auto- (1) Coastal Service; matically inflate in the event the ves- (2) SOLAS B Pack (formerly ‘‘Lim- sel sinks. ited Service’’); or (b) Each inflatable liferaft, inflatable (3) SOLAS A Pack (formerly ‘‘Ocean buoyant apparatus, and any auxiliary Service’’). craft used in their place, must be kept (c) Each life float and buoyant appa- readily accessible for launching or be ratus must be fitted with a lifeline, stowed so as to float free in the event pendants, a painter, and a floating the vessel sinks. electric water light approved under (c) Each hydrostatic release unit part 161 subpart 161.010 of this chapter. used in a float-free arrangement must (d) Other survival craft. A vessel must be approved under part 160, subpart not carry survival craft other than in- 160.062 of this chapter. flatable liferafts, life floats, inflatable (d) Each float-free link used with a buoyant apparatus, or buoyant appa- buoyant apparatus or with a life float ratus, such as lifeboats or rigid life- must be certified to meet part 160, sub- rafts, unless the survival craft and part 160.073 of this chapter. launching equipment comply with the requirements for installation, arrange- § 28.130 Survival craft equipment. ment, equipment, and maintenance (a) General. Each item of survival contained in 46 CFR part 199. craft equipment must be of good quality, effective for the purpose it is in- [CGD 88–079, 56 FR 40393, Aug. 14, 1991, as tended to serve, and secured to the amended by CGD 84–069, 63 FR 52813, Oct. 1, craft. 1998]

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§ 28.135 Lifesaving equipment mark- (c) Retroreflective markings required ings. by this section must be with material (a) Except as provided in paragraph approved under part 164, subpart 164.018 (d) of this section, lifesaving equip- of this chapter. The arrangement of the ment carried aboard a vessel pursuant retroreflective material must meet to the requirements of this subpart or IMO Resolution A.658(16). part 25, subpart 25.25 of this chapter (d) A wearable personal flotation de- must be marked as specified in table vice must be marked with the name of 28.135. either the vessel, the owner of the de- (b) Lettering used in lifesaving equip- vice, or the individual to whom it is as- ment markings must be in block cap- signed. ital letters.

TABLE 28.135—LIFESAVING EQUIPMENT MARKINGS

Markings Required Item Name of vessel Retroflective material

Wearable personal flotation device (Type I, II, III, or wearable See § 28.135(d) ...... Type I or Type II. Type V); Immersion suit or exposure suit. Ring life buoy ...... X ...... Type II. Inflatable liferaft ...... See note ...... See note. Inflatable buoyant apparatus ...... See note ...... See note. Life float ...... X ...... Type II. Buoyant apparatus ...... X ...... Type II. Auxiliary craft ...... X ...... Type II. EPIRB ...... X ...... Type II.

NOTE: No marking other than that pro- (1) Table 28.140 in this section; vided by the manufacturer and the servicing (2) The servicing procedure under the facility is required. subpart of this chapter applicable to [CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR the item’s approval; and 49822, Oct. 1, 1991, as amended by CGD 95–012, (3) The manufacturer’s guidelines. 60 FR 48048, Sept. 18, 1995] (c) An inflatable liferaft or inflatable § 28.140 Operational readiness, mainte- buoyant apparatus must be serviced no nance, and inspection of lifesaving later than the month and year on its equipment. servicing sticker affixed under 46 CFR (a) The master or individual in 160.151–57(n), and whenever the con- charge of a vessel must ensure that tainer is damaged or the container each item of lifesaving equipment must straps or seals are broken. It must be be in good working order, ready for im- serviced at a facility specifically ap- mediate use, and readily accessible be- proved by the Commandant for the par- fore the vessel leaves port and at all ticular brand. times when the vessel is operated. (d) An escape route from a space (b) Each item of lifesaving equip- where an individual may be employed ment, including unapproved equip- or an accommodation space must not ment, must be maintained and in- be obstructed. spected in accordance with:

TABLE 28.140—SCHEDULED MAINTENANCE AND INSPECTION OF LIFESAVING EQUIPMENT

Interval Item Regulation Monthly Annually

(1) Inflatable wearable personal flotation device (Type V ...... Servicing ...... 28.140 commercial hybrid). (2) Personal flotation devices, exposure suits and immer- ...... Inspect, clean and repair as 28.140 sion suits. necessary. (3) Buoyant apparatus and life floats ...... Inspect, clean and repair as 28.140 necessary. (4) Inflatable liferaft ...... Servicing 1 ...... 28.140 (5) Inflatable buoyant apparatus ...... Servicing 1 ...... 28.140

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TABLE 28.140—SCHEDULED MAINTENANCE AND INSPECTION OF LIFESAVING EQUIPMENT—Continued

Interval Item Regulation Monthly Annually

(6) Hydrostatic release ...... Servicing 1 ...... 28.140 (7) Disposable hydrostatic release ...... Replace on or before expira- 28.140 tion date. (8) Undated batteries ...... Replace ...... 28.140 (9) Dated batteries 2 and other items ...... Replace on or before expira- 25.26–50, 28.140 tion date. (10) EPIRB ...... Test ...... 25.26–50 1 For a new liferaft or inflatable buoyant apparatus, the first annual servicing may be deferred to two years from the date of first packing if so indicated on the servicing sticker. 2 Water activated batteries must be replaced whenever they are used.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991, as amended at USCG-2001– 11118, 67 FR 58540, Sept. 17, 2002; USCG-2004–18884, 69 FR 58344, Sept. 30, 2004]

§ 28.145 Distress signals. beacon (EPIRB) as required by 46 CFR Except as provided by 28.305, each part 25, subpart 25.26. vessel must be equipped with the dis- NOTE: Each vessel which uses radio com- tress signals specified in table 28.145. munication equipment must have a Ship Radio Station License issued by the Federal TABLE 28.145—DISTRESS SIGNALS Communications Commission, as set forth in 47 CFR part 80. Area Devices required

Ocean, more than 50 miles 3 parachute flares, approval § 28.155 Excess fire detection and pro- from coastline. series 160.136; plus 6 hand tection equipment. flares, approval series 160.121; plus 3 smoke sig- Installation of fire detection and pro- nals, approval series tection equipment in excess of that re- 160.122. Ocean, 3–50 miles from the 3 parachute flares, approval quired by the regulations in this sub- coastline; or more than 3 series 160.136, or 160.036; chapter is permitted provided that the miles from the coastline on plus 6 hand flares, approval excess equipment does not endanger the Great Lakes. series 160.121 or 160.021; plus 3 smoke signals, ap- the vessel or individuals on board in proval series 160.122, any way. The excess equipment must, 160.022, or 160.037. at a minimum, be listed and labeled by Coastal waters, excluding Night visual distress signals the Great Lakes; or within consisting of one electric an independent, nationally recognized 3 miles of the coastline on distress light, approval se- testing laboratory and be in accord- the Great Lakes. ries 161.013 or 3 approved ance with an appropriate industry flares; plus Day visual distress signals consisting of standard for design, installation, test- one distress flag, approval ing, and maintenance. series 160.072, or 3 approved flares, or 3 approved smoke signals.1 § 28.160 Portable fire extinguishers. 1 If flares are carried, the same 3 flares may be counted to- (a) Each vessel must meet the re- ward meeting both the day and night requirement. quirements of part 25, subpart 25.30 of this chapter. [CGD 88–079, 56 FR 40393, Aug. 14, 1991, as amended at 60 FR 48048, Sept. 18, 1995; USCG- (b) Each vessel 65 feet (19.8 meters) or 2000–7790, 65 FR 58458, Sept. 29, 2000] more in length must be equipped with the minimum number, location, and § 28.150 Emergency Position Indi- type of portable fire extinguishers cating Radio Beacons (EPIRBs). specified in table 28.160. Each vessel must be equipped with an emergency position indicating radio

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TABLE 28.160—PORTABLE FIRE EXTINGUISHERS FOR VESSELS 65 FEET (19.8 METERS) OR MORE IN LENGTH

Space Classification Quantity and location

Safety areas, communicating corridors ...... A-II ...... 1 in each main corridor not more than 150 feet (49.2 meters) apart. (May be located in stairways.) Pilothouse ...... C-I ...... 2 in vicinity of exit. Service spaces, galleys ...... B-II or C-II .... 1 for each 2,500 square feet (269.1 sq. meters) or fraction thereof suitable for hazards involved. Paint lockers ...... B-II ...... 1 outside space in vicinity of exit. Accessible baggage and storerooms ...... A-II ...... 1 for each 2,500 square feet (269.1 sq. meters) or fraction thereof located in the vicinity of exits, either inside or outside the spaces. Work shops and similar spaces ...... A-II ...... 1 outside the space in vicinity of exit. Machinery spaces; Internal combustion pro- B-II ...... 1 for each 1,000 brake horsepower or fraction thereof but not less pelling machinery. than 2 nor more than 6. Electric propulsion motors or generator unit C-II ...... 1 for each propulsion motor generator unit. of open type. Auxiliary spaces ...... B-II ...... 1 outside the space in the vicinity of exit. Internal combustion machinery ...... B-II ...... 1 outside the space in the vicinity of exit. Electric emergency motors or generators .... C-II ...... 1 outside the space in the vicinity of exit.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR 47679, Sept. 20, 1991]

§ 28.165 Injury placard. (b) Operates with more than 16 individuals on board; or Each vessel must have posted in a highly visible location accessible to (c) Is a fish tender vessel engaged in the crew a placard measuring at least 5 the Aleutian trade. inches by 7 inches (127 millimeters by [CGD 94–025, 60 FR 54444, Oct. 24, 1995] 178 millimeters) which reads: § 28.205 Fireman’s outfits and self-con- Notice tained breathing apparatus. Report All Injuries (a) Each vessel that operates with United States law, 46 United States Code more than 49 individuals on board must 10603, requires each seaman on a fishing ves- be equipped with at least two fireman’s sel, fish processing vessel, or fish tender ves- outfits stowed in widely separated lo- sel to notify the master or individual in cations. charge of the vessel or other agent of the employer regarding any illness, disability, or (b) Each vessel that uses ammonia as injury suffered by the seaman when in serv- a refrigerant must be equipped with at ice to the vessel not later than seven days least two self-contained breathing after the date on which the illness, dis- apparatuses. ability, or injury arose. (c) A fireman’s outfit must consist of one self-contained breathing apparatus Subpart C—Requirements for Doc- with lifeline attached, one flashlight, a umented Vessels That Oper- rigid helmet, boots, gloves, protective ate Beyond the Boundary clothing, and one fire axe. Lines or With More Than 16 In- (d) At least one spare air bottle must dividuals On Board, or for Fish be provided for each self-contained Tender Vessels Engaged in breathing apparatus. the Aleutian Trade (e) Each self-contained breathing apparatus must be approved by the Mine § 28.200 Applicability. Safety and Health Administration Each documented commercial fishing (MSHA) and by the National Institute industry vessel must meet the require- for Occupational Safety and Health ments of this subpart in addition to the (NIOSH), have as a minimum a 30 requirements of subparts A and B of minute air supply, and a full facepiece. this part if it: (a) Operates beyond the Boundary Lines;

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§ 28.210 First aid equipment and train- sonnel, such as gearing, chain or belt ing. drives, and rotating shafting. This is (a) Each vessel must have on board a not meant to restrict necessary access complete first aid manual and medi- to fishing equipment such as winches, cine chest of a size suitable for the drums, or gurdies. number of individuals on board in a (c) Each exhaust pipe from an inter- readily accessible location. nal combustion engine which is within (b) First aid and cardiopulmonary re- reach of personnel must be insulated or suscitation (CPR) course certification. otherwise guarded to prevent burns. Certification in first aid and CPR must be as described in this paragraph. § 28.225 Navigational information. (1) First aid—a certificate indicating (a) Each vessel must have at least completion of a first aid course from: the following navigational information (i) The American National Red Cross on board: ‘‘Standard First Aid and Emergency (1) Marine charts of the area to be Care’’ or ‘‘Multi-media Standard First transited, published by the National Aid’’ course; or Ocean Service, the National Imagery (ii) A course approved by the Coast and Mapping Agency, U.S. Army Corps Guard under § 10.205(h)(l)(ii) of this of Engineers, or a river authority chapter. that— (2) CPR—A certificate indicating (i) Are of a large enough scale and completion of course from: have enough detail to make safe navi- (i) The American National Red Cross; gation of the area possible; and (ii) The American Heart Association; (ii) Are currently corrected. or (2) For the area to be transited, a (iii) A course approved by the Coast currently corrected copy of, or applica- guard under § 10.205(h)(2)(iii) of this ble currently corrected extract from, chapter. each of the following publications: (c) Each vessel that operates with (i) U.S. Coast Pilot; and more than 2 individuals on board must (ii) Coast Guard Light List. have at least 1 individual certified in (3) For the area to be transited, the first aid and at least 1 individual cer- current edition of, or applicable cur- tified in CPR. An individual certified rent extract from, each of the following in both first aid and CPR will satisfy publications: both of these requirements. (i) Tide tables promulgated by the (d) Each vessel that operates with National Ocean Service; and more than 16 individuals on board must (ii) Tidal current tables promulgated have at least 2 individuals certified in by the National Ocean Service, or a first aid and at least 2 individuals cer- river current publication issued by the tified in CPR. An individual certified U.S. Corps of Engineers or a river au- in both first aid and CPR may be thority. counted for both requirements. (b) Each vessel of 39.4 feet (12 meters) (e) Each vessel that operates with or more in length that operates shore- more than 49 individuals on board must ward of the COLREG Demarcation have at least 4 individuals certified in Lines, as set forth in 33 CFR part 80, first aid and at least 4 individuals cer- must carry on board and maintain for tified in CPR. An individual certified ready reference a copy of the Inland in both first aid and CPR may be Navigation Rules, as set forth in 33 counted for both requirements. CFR chapter I, subchapter E. [CGD 88–079, 56 FR 40393, Aug. 14, 1991, as [CGD 88–079, 59 FR 40393, Aug. 14, 1991, as amended by CGD 95–012, 60 FR 48048, Sept. 18, amended by CGD 96–046, 61 FR 57275, Nov. 5, 1995] 1996; CGD 96–046, 62 FR 46677, Sept. 4, 1997; USCG-2001–10224, 66 FR 48619, Sept. 21, 2001] § 28.215 Guards for exposed hazards. (a) Each space on board a vessel must § 28.230 Compasses. meet the requirements of this section. Each vessel must be equipped with an (b) Suitable hand covers, guards, or operable magnetic steering compass railing must be installed in way of ma- with a compass deviation table at the chinery which can cause injury to per- operating station.

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§ 28.235 Anchors and radar reflectors. mitting and receiving on the frequency (a) Each vessel must be fitted with an or frequencies within the 156–162 MHz anchor(s) and chain(s), cable, or rope band necessary to communicate with a appropriate for the vessel and the wa- public coast station or U.S. Coast ters of the intended voyage. Guard station serving the area in (b) Except for a vessel rigged with which the vessel is operating. gear that provides a radar signature (2) Each vessel that operates more from a distance of 6 miles, each non- than 20 miles from the coastline, in ad- metallic hull vessel must have a radar dition to the VHF radiotelephone re- reflector. quired by paragraph (a)(1) of this section, must be equipped with a radio- § 28.240 General alarm system. telephone transceiver capable of trans- (a) Except as provided in paragraph mitting and receiving on frequencies in (f) of this section, each vessel with an the 2–4 MHz band necessary to commu- accommodation space or a work space nicate with a public coast station or which is not adjacent to the operating U.S. Coast Guard station serving the station, must have an audible general area in which the vessel is operating. alarm system with a contact-maker at (3) Each vessel that operates more the operating station suitable for noti- than 100 miles from the coastline, in fying individuals on board in the event addition to the communication equip- of an emergency. ment required by paragraph (a)(1) of (b) The general alarm system must this section must be equipped with a be capable of notifying an individual in any accommodation space or work radiotelephone transceiver capable of space where they may normally be em- transmitting and receiving on fre- ployed. quencies in the 2–27.5 MHz band nec- (c) In a work space where background essary to communicate with a public noise makes a general alarm system coast station or U.S. Coast Guard sta- difficult to hear, a flashing red light tion serving the area in which the ves- must also be installed. sel is operating. (d) Each general alarm bell and flash- (4) Each vessel that operates in wa- ing red light must be identified with ters contiguous to Alaska where no red lettering at least 1⁄2 inch (13 milli- public coast station or U.S. Coast meters) high as follows: Guard station is within communications range of a VHF radio transceiver Attention operating on the 156–162 MHz band or General Alarm—When Alarm Sounds Go to the 2–4 MHz band, in addition to the Your Station. VHF radio communication equipment (e) A general alarm system must be required by paragraph (a)(1) of this sec- tested prior to operation of the vessel tion, must be equipped with a radio- and at least once each week thereafter. telephone transceiver capable of trans- (f) A public address system or other mitting and receiving on frequencies in means of alerting all individuals on the 2–27.5 MHz band necessary to com- board may be used in lieu of a general municate with a public coast station or alarm system provided it complies a U.S. Coast Guard station serving the with paragraphs (b), (c), and (e) of this area in which the vessel is operating. section and can be activated from the (b) A single radio transceiver capable operating station. of meeting the requirements of para- [CGD 88–079, 56 FR 40393, Aug. 14, 1991, as graphs (a) (2) and (3), or paragraphs (a) amended by CGD 95–012, 60 FR 48048, Sept. 18, (2), (3), and (4) of this section, is accept- 1995] able. § 28.245 Communication equipment. (c) Satellite communication capability with the system servicing the (a) Except as provided in paragraphs area in which the vessel is operating is (b) through (e) of this section, each vessel must be equipped as follows. acceptable as an alternative to the re- (1) Each vessel must be equipped with quirements of paragraphs (a)(2), (a)(3), a VHF radiotelephone capable of trans- or (a)(4) of this section.

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(d) A cellular telephone capable of § 28.255 Bilge pumps, bilge piping, and communicating with a public coast sta- dewatering systems. tion or a U.S. Coast Guard station serv- (a) Each vessel must be equipped ing the area in which the vessel is oper- with a bilge pump and bilge piping ca- ating is acceptable as an alternative to pable of draining any watertight com- the requirements of paragraphs (a)(2), partment, other than tanks and small (a)(3), or (a)(4) of this section. buoyancy compartments, under all (e) A radiotelephone transceiver in- service conditions. Large spaces, such stalled on board a vessel before Sep- as enginerooms must be fitted with tember 15, 1991, capable of transmitting more than one suction line. and receiving on frequencies on the 4– (b) In addition to the requirements of 20 MHz band may continue to be used paragraph (a) of this section, a space to satisfy the requirements of para- used in the sorting or processing of fish graphs (a)(3) and (a)(4) of this section. in which water is used must be fitted (f) The principle operating position of with dewatering system capable of the communication equipment must be dewatering the space under normal at the operating station. conditions of list and trim at the same (g) Communication equipment must rate as water is introduced. Pumps be installed to ensure safe operation of used as part of the processing of fish do the equipment and to facilitate repair. not count for meeting this require- It must be protected against vibration, ment. The dewatering system must be moisture, temperature, and excessive interlocked with the pump(s) supplying currents and voltages. It must be lo- water to the space, so that in the event cated so as to minimize the possibility of failure of the dewatering system, the of water intrusion from windows bro- water supply is inactivated. ken by heavy seas. (c) Except as provided by paragraph (h) Communication equipment must (f) of this section, each vessel 79 feet (24 comply with the technical standards meters) or more in length must be and operating requirements issued by equipped with a fixed, self-priming, the Federal Communications Commis- powered, bilge pump connected to a sion, as set forth in 47 CFR part 80. bilge manifold. NOTE: Each vessel which uses radio equip- (d) If a bilge pump required by para- ment to meet the communication require- graph (a) of this section is portable, it ments of this section must have a Ship Radio must be provided with a suitable suc- Station License issued by the Federal Com- tion hose of adequate length to reach munications Commission, as set forth in 47 the bilges of each watertight compart- CFR part 80. ment it must serve and with a dis- (i) All communication equipment charge hose of adequate length to en- must be provided with an emergency sure overboard discharge. A portable source of power that complies with pump must be capable of dewatering § 28.375. each space it serves at a rate of at least 2 inches (51 millimeters) of water depth § 28.250 High water alarms. per minute. On a vessel 36 feet (11.8 meters) or (e) Except for a fire pump required by more in length, a visual and audible § 28.315, a bilge pump may be used for alarm must be provided at the oper- other purposes. ating station to indicate high water (f) Except where an individual pump level in each of the following normally is provided for a separate space or for a unmanned spaces: portable pump, each individual bilge (a) A space with a through-hull fit- suction line must be led to a manifold. ting below the deepest load waterline, Each bilge suction line must be pro- such as the lazarette; vided with a stop valve at the manifold (b) A machinery space bilge, bilge and a check valve at some accessible well, shaft alley bilge, or other space point in the bilge line to prevent unin- subject to flooding from sea water pip- tended flooding of a space. ing within the space; and (g) Each bilge suction line and (c) A space with a non-watertight dewatering system suction must be closure, such as a space with a non-wa- fitted with a suitable strainer to pre- tertight hatch on the main deck. vent clogging of the suction line.

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Strainers must have an open area of (iv) Say: ‘‘This is the M/V (Insert not less than three times the open area name of your vessel), (Insert name of of the suction line. your vessel), (Insert name of your ves- (h) Each vessel must comply with the sel), Over.’’ oil pollution prevention requirements (v) Release the microphone button of 33 CFR parts 151 and 155. briefly and listen for acknowledgment. If no one answers, repeat steps in para- § 28.260 Electronic position fixing de- graphs (d)(4) (iii) and (iv) of this sec- vices. tion. Each vessel 79 feet (24 meters) or (vi) If there is still no answer, or if more in length must be equipped with the Coast Guard or another vessel re- an electronic position fixing device ca- sponds, say: ‘‘Mayday—This is the M/V pable of providing accurate fixes for (Insert Name of Your Vessel).’’ the area in which the vessel operates. (vii) Describe your position using latitude and longitude coordinates, or § 28.265 Emergency instructions. range and bearing from a known point. (a) Except as provided in paragraphs (viii) State the nature of the distress. (b) and (c) of this section, each vessel (ix) Give number of individuals must have emergency instructions aboard and the nature of any injuries. posted in conspicuous locations acces- (x) Estimate the present seaworthi- sible to the crew. ness of your vessel. (b) The instructions identified in (xi) Describe your vessel: (Insert paragraphs (d)(6), (d)(7), (d)(8), and length, color, hull type, trim, masts, (d)(9) of this section, may be kept read- power, and any additional distin- ily available as an alternative to post- guishing features). ing. (xii) Say: ‘‘I will be listening on (c) On a vessel which operates with Channel 16/2182 (or other channel mon- less than 4 individuals on board, the itored).’’ emergency instructions may be kept (xiii) End message by saying: ‘‘This is readily available as an alternative to (insert vessel’s name and call sign).’’ posting. (xiv) If your situation permits, stand by the radio to await further commu- (d) The emergency instructions re- nication with the Coast Guard or an- quired by this section must identify at other vessel. If no answer, repeat, then least the following information, as ap- try another channel. propriate for the vessel: (5) Essential action that must be (1) The survival craft embarkation taken in an emergency by each indi- stations aboard the vessel and the sur- vidual, such as: vival craft to which each individual is (i) Making a distress call. assigned; (ii) Closing of hatches, airports, wa- (2) The fire and emergency signal and tertight doors, vents, scuppers, and the abandon ship signal; valves for intake and discharge lines (3) If immersion suits are provided, which penetrate the hull, stopping of the location of the suits and illustrated fans and ventilation systems, and oper- instructions on the method for donning ation of all safety equipment. the suits; (iii) Preparing and launching of sur- (4) Procedures for making a distress vival craft and rescue boats. call, such as: (iv) Fighting a fire. (i) Make sure your communication (v) Mustering of personnel includ- equipment is on. ing— (ii) Select 156.8 MHz (VHF channel (A) Seeing that they are properly 16), 2182 kHz, or other distress fre- dressed and have put on their life- quency used in your area of operation. jackets or immersion suits; and Note: VHF channel 16 and 2182 kHz on (B) Assembling personnel and direct- SSB are for emergency and calling pur- ing them to their appointed stations. poses only. (vi) Manning of fire parties assigned (iii) Press microphone button and to deal with fires. speaking slowly—clearly—calmly say: (vii) Special duties required for the ‘‘Mayday—Mayday—Mayday’’ operation of fire fighting equipment.

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(6) The procedures for rough weather (iii) Immediately use a portable fire at sea, crossing hazardous bars, flood- extinguisher or use water for fires in ing, and anchoring of the vessel, such ordinary combustible materials. Do not as: use water on electrical fires. (i) Close all watertight and weather- (iv) If the fire is in a machinery tight doors, hatches and airports to space, shut off the fuel supply and ven- prevent taking water aboard or further tilation system and activate the fixed flooding in the vessel. extinguishing system, if installed. (ii) Keep bilges dry to prevent loss of (v) Maneuver the vessel to minimize stability due to water in bilges. Use the effect of wind on the fire. power driven bilge pump, hand pump, (vi) If unable to control the fire, im- and buckets to dewater. mediately notify the Coast Guard and (iii) Align fire pumps to use as bilge other vessels in the vicinity. pumps, if possible. (vii) Move personnel away from the (iv) Check all intake and discharge fire, have them put on lifejackets, and lines which penetrate the hull for leak- if necessary, prepare to abandon the age. vessel. (v) Personnel should remain sta- [CGD 88–079, 56 FR 40393, Aug. 14, 1991, as tionary and evenly distributed. amended by USCG–2010–0759, 75 FR 60002, (vi) Personnel should don lifejackets Sept. 29, 2010] and immersion suits if the going becomes very rough, the vessel is about § 28.270 Instruction, drills, and safety orientation. to cross a hazardous bar, or when otherwise instructed by the master or in- (a) Drills and instruction. The master dividual in charge of the vessel. or individual in charge of each vessel (7) The procedures for anchoring the must ensure that drills are conducted vessel. and instruction is given to each indi- (8) The procedures to be used in the vidual on board at least once each event an individual falls overboard, month. Instruction may be provided in such as: conjunction with drills or at other (i) Throw a ring life buoy as close to times and places provided it ensures the individual as possible; that each individual is familiar with their duties and their responses to at (ii) Post a lookout to keep the indi- least the following contingencies: vidual in the water in sight; (1) Abandoning the vessel; (iii) Launch the rescue boat and ma- (2) Fighting a fire in different loca- neuver it to pick up the individual in tions on board the vessel; the water; (3) Recovering an individual from the (iv) Have a crewmember put on a life- water; jacket or immersion suit, attach a (4) Minimizing the effects of uninten- safety line to the crewmember, and tional flooding; have the crewmember standby to jump (5) Launching survival craft and re- into the water to assist in recovering covering lifeboats and rescue boats; the individual in the water if nec- (6) Donning immersion suits and essary; other wearable personal flotation de- (v) If the individual overboard is not vices; immediately located, notify the Coast (7) Donning a fireman’s outfit and a Guard and other vessels in the vicinity; self-contained breathing apparatus, if and the vessel is so equipped; (vi) Continue searching until released (8) Making a voice radio distress call by the Coast Guard. and using visual distress signals; (9) Procedures for fighting a fire, (9) Activating the general alarm; and such as: (10) Reporting inoperative alarm sys- (i) Shut off air supply to the fire— tems and fire detection systems. close hatches, ports, doors, ventilators, (b) Participation in drills. Drills must and similar openings. be conducted on board the vessel as if (ii) Deenergize the electrical systems there were an actual emergency and supplying the affected space, if pos- must include participation by all indi- sible. viduals on board, breaking out and

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using emergency equipment, testing of 0102; fax: (732) 751–0508; or e-mail: all alarm and detection systems, don- [email protected]. For the criteria of ning protective clothing, and donning Fishing Vessel Safety Instructor, the immersion suits, if the vessel is so following documentation shall be pro- equipped. vided to the cognizant OCMI: (c) Training. No individual may con- (1) Proof of at least 1 year of experi- duct the drills or provide the instruc- ence in a marine related field and expe- tions required by this section unless rience that relates directly to the con- that individual has been trained in the tingencies listed in § 28.270(a) includ- proper procedures for conducting the ing— activity. (i) Experience as an instructor; or (d) The viewing of videotapes concerning at least the contingencies list- (ii) Training received in instructional ed in paragraph (a) of this section, methods; or whether on board the vessel or not, fol- (2) A valid license or officer endorse- lowed by a discussion led by an indi- ment issued by the Coast Guard au- vidual familiar with these contin- thorizing service as master of gencies will satisfy the requirement for unispected fishing industry vessels and instruction but not the requirement for proof of experience that relates di- drills in paragraph (b) of this section or rectly to the contingencies listed in 46 for the safety orientation in paragraph CFR 28.270(a) including— (e) of this section. (i) Experience as an instructor; or (e) Safety orientation. The master or (ii) Training received in instructional individual in charge of a vessel must methods; or ensure that a safety orientation is (3) A valid license or officer endorse- given to each individual on board that ment issued by the Coast Guard au- has not received the instruction and thorizing service as a master of in- has not participated in the drills re- spected vessels of 100 gross tons or quired by paragraph (a) of this section more and proof of experience that re- before the vessel may be operated. lates directly to the contingencies list- (f) The safety orientation must explain the emergency instructions re- ed in § 28.270(a) including— quired by § 28.265 and cover the specific (i) Experience as an instructor; or evolutions listed in paragraph (a) of (ii) Training received in instructional this section. methods. (b) Each OCMI will issue a letter of NOTE: The individual conducting the drills and instruction need not be the master, indi- acceptance to all qualified individuals vidual in charge of the vessel, or a member and will maintain a list of accepted in- of the crew. structors in his/her zone. [CGD 88–079, 56 FR 40393, Aug. 14, 1991, as (c) Letters of acceptance shall be amended by CGD 95–012, 60 FR 48048, Sept. 18, valid for a period of 5 years. 1995; CGD 96–046, 61 FR 57275, Nov. 5, 1996, (d) Fishing Vessel Safety Instructors CGD 96–046, 62 FR 46677, Sept. 4, 1997; USCG- or the organization providing training 2002–13058, 67 FR 61278, Sept. 30, 2002] shall issue documents to Fishing Ves- § 28.275 Acceptance criteria for in- sel Drill Conductors upon successful structors and course curricula. completion of all required training. (a) A Fishing Vessel Safety Instruc- [CGD 96–046, 61 FR 57275, Nov. 5, 1996, as tor shall submit a detailed course cur- amended by CGD 96–046, 62 FR 46677, Sept. 4, riculum that relates directly to the 1997; USCG-2001–10224, 66 FR 48619, Sept. 21, contingencies listed in § 28.270(a), or a 2001; USCG-2004–18884, 69 FR 58344, Sept. 30, letter certifying the use of the ‘‘Per- 2004; USCG–2008–0906, 73 FR 56509, Sept. 29, sonal Survival and Emergency Drills 2008; USCG–2006–24371, 74 FR 11264, Mar. 16, Course,’’ a national standard cur- 2009] riculum, to the cognizant OCMI. This EDITORIAL NOTE: At 74 FR 11264, Mar. 16, document can be ordered through the 2009, § 28.275 was amended; however, a portion U.S. Marine Safety Association of the amendment could not be incorporated (USMSA), 5050 Industrial Road, Farm- due to inaccurate amendatory instruction. ingdale, NJ 07727; telephone: (732) 751–

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Subpart D—Requirements for Ves- 50 psi (0.345 Newtons per square milli- sels Which Have Their Keel meter) and a flow rate of at least 80 Laid or Are at a Similar Stage gpm (303 liters per minute). (2) Each vessel with a power driven of Construction on or After or fire pump must be equipped to permit Which Undergo a Major Con- energizing the fire main from the oper- version Completed on or After ating station and from the pump. September 15, 1991, and That (b) Fire main, hydrants, hoses and noz- Operate With More Than 16 zles. (1) A vessel required to have a Individuals on Board fixed fire main system must have a sufficient number of fire hydrants to § 28.300 Applicability and general re- reach any part of the vessel using a quirements. single length of fire hose. Each commercial fishing industry (2) A fire hose must be connected to vessel which has its keel laid or is at a each fire hydrant at all times the ves- similar stage of construction, or which sel is operating. undergoes a major conversion com- (3) A fire hose on a vessel less than 79 pleted on or after September 15, 1991, feet (24 meters) in length must be at and that operates with more than 16 in- least 5⁄8 inch (16 millimeters) nominal dividuals on board, must comply with diameter, be of good commercial grade the requirements of this subpart in ad- and be fitted with a nozzle of corrosion dition to the requirements of subparts resistant material capable of providing A, B, and C of this part. a solid stream and a spray pattern. [USCG-2004–18884, 69 FR 58344, Sept. 30, 2004] (4) A fire hose on a vessel 79 feet (24 meters) or more in length must be § 28.305 Lifesaving and signaling lined commercial fire hose and be equipment. fitted with a nozzle made of corrosion Each vessel to which this subpart ap- resistant material capable of providing plies must meet the requirements for a solid stream and a spray pattern. life preservers, immersion suits, ring life buoys, distress signals, and sur- § 28.320 Fixed gas fire extinguishing systems. vival craft in §§ 28.110, 28.115, 28.145 and table 28.120 (a), (b), or (c), as appro- (a) Requirements for vessels 79 feet (24 priate for the vessel type, on the date meters) or more in length. A vessel 79 feet that its construction or major conver- (24 meters) or more in length must be sion is completed. fitted with a fixed gas fire extinguishing system in the following en- § 28.310 Launching of survival craft. closed spaces: A gate or other opening must be pro- (1) A space containing an internal vided in the deck rails, lifelines, or bul- combustion engine of more than 50 warks adjacent to the stowage location horsepower; of each survival craft which weighs (2) A space containing an oil fired more than 110 pounds (489 Newtons), to boiler; allow the survival craft to be manually (3) An incinerator and; launched. (4) A space containing a gasoline storage tank. § 28.315 Fire pumps, fire mains, fire (b) System types and alternatives. (1) A hydrants, and fire hoses. pre-engineered fixed gas fire extin- (a) Each vessel 36 feet (11.8 meters) or guishing system may be installed only more in length must be equipped with in a normally unoccupied machinery a self-priming, power driven fire pump space, paint locker, or space containing connected to a fixed piping system. flammable liquid stores that has a (1) A fire pump on a vessel 79 feet (24 gross volume of not more than 33.98 meters) or more in length must be ca- cubic meters (1200 cubic feet). pable of delivering water simulta- (2) A fixed gas fire extinguishing sys- neously from the two highest hydrants, tem that is capable of automatic dis- or from both branches of the fitting if charge upon heat detection may be in- the highest hydrant has a siamese fit- stalled only in a normally unoccupied ting, at a pitot tube pressure of at least space with a gross volume of not more

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than 169.92 cubic meters (6000 cubic systems and engines as required by feet). paragraph (d)(1)(iii) of this section. (3) A space with a gross volume ex- [CGD 88–079, 56 FR 40393, Aug. 14, 1991, as ceeding 169.92 cubic meters (6000 cubic amended by CGD 96–046, 61 FR 57275, Nov. 5, feet) must be fitted with a manually 1996] actuated and alarmed fixed gas fire extinguishing system. § 28.325 Fire detection systems. (c) General requirements. (1) A fixed (a) Each accommodation space must gas fire extinguishing system aboard a be equipped with an independent mod- vessel must be approved by the Com- ular smoke detector or a smoke actu- mandant and be custom engineered, ated fire detecting unit installed in ac- unless the system meets the require- cordance with 46 CFR part 76, subpart ments for a pre-engineered fixed gas 76.33. (b) An independent modular smoke fire extinguishing system in paragraph detector must meet UL 217 and be list- (d) of this section. ed as a ‘‘Single Station Smoke Detec- (2) System components must be list- tor—Also suitable for use in Rec- ed and labeled by an independent, na- reational Vehicles.’’ tionally recognized testing laboratory for the system being installed. § 28.330 Galley hood and other fire (3) System design and installation protection equipment. must be in accordance with the Manu- (a) Each vessel must be fitted with a facturer’s Marine Design, Installation, grease extraction hood complying with Operation, and Maintenance Manual UL 710 above each grill, broiler, and approved for the system by the Com- deep fat fryer. mandant. (b) Each grease extraction hood must (4) A fixed gas fire extinguishing sys- be equipped with a pre-engineered dry tem may protect more than one space. or wet chemical fire extinguishing sys- The quantity of extinguishing agent tem meeting the applicable sections of must be at least sufficient for the larg- NFPA 17 or 17A and must be listed by an independent laboratory. est space protected by the system. (c) A vessel 79 feet (24 meters) or (d) Pre-engineered fixed gas fire extin- more in length must have at least one guishing systems. (1) A pre-engineered fire axe located in or adjacent to the fixed gas fire extinguishing system operating station. must: (i) Be approved by the Commandant; § 28.335 Fuel systems. (ii) Be capable of manual actuation (a) Applicability. Except for the com- from outside the space in addition to ponents of an outboard engine or port- any automatic actuation devices; and able bilge pump, each vessel must meet (iii) Automatically shut down all the requirements of this section. power ventilation systems serving the (b) Portable fuel systems. Portable fuel protected space and all engines that systems including portable tanks and draw intake air from within the pro- related fuel lines and accessories are tected space. prohibited except where used for out- (2) A vessel on which a pre-engi- board engines or portable bilge pumps. neered fixed gas fire extinguishing sys- The design, construction, and stowage tem is installed must have the fol- of portable tanks and related fuel lines lowing equipment at the operating sta- and accessories must meet the requirements of ABYC H–25. tion: (c) Fuel restrictions. Except for out- (i) A visual alarm to indicate the dis- board engines, the use of fuel other charge of the extinguishing agent; than bunker C or diesel is prohibited. (ii) An audible alarm to sound upon An installation using bunker C must discharge of the extinguishing agent; comply with the requirements of sub- and chapter F of this chapter. (iii) A means to reset devices used to (d) Vent pipes for integral fuel tanks. automatically shut down ventilation Each integral fuel tank must meet the requirements of this paragraph.

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(1) Each fuel tank must be fitted with (1) ABYC H–33. a vent pipe connected to the highest (2) Chapter 5 of NFPA 302. point of the tank terminating in a 180 (3) 33 CFR Chapter I, subchapter S degree (3.14 radians) bend on a weather (Boating Safety). deck and fitted with a flame screen. (2) Except where provision is made to § 28.340 Ventilation of enclosed engine fill a tank under pressure, the net and fuel tank spaces. cross-sectional area of the vent pipe for (a) Applicability. Each vessel with a a fuel tank must not be less than 0.484 gasoline outboard engine or gasoline square inches (312.3 square millime- storage tank must comply with the re- ters). (3) Where provision is made to fill a quirements of this section. tank under pressure, the net cross-sec- (b) Ventilation of spaces containing tional area of the vent pipe must not gasoline. Each space that contains a be less than that of the fill pipe. gasoline engine, a gasoline storage (e) Fuel piping. Except as permitted tank, or gasoline piping connected to in paragraph (e)(1) and (e)(2) of this an integral gasoline tank must be open section, each fuel line must be seam- to the atmosphere and so arranged as less and must be of steel, annealed cop- to prevent the entrapment of vapors or per, nickel-copper, or copper-nickel. be ventilated by a mechanical exhaust Each fuel line must have a wall thick- system with a nonsparking fan. The ness of not less than that of 0.035 inch fan motor must comply with 46 CFR (0.9 millimeters) except that: 111.105–23. (1) Aluminum piping is acceptable on (c) Alternative standards. A vessel less an aluminum hull vessel provided it is than 65 feet in length with ventilation installed outside the machinery space installations in accordance with NFPA and is at least Schedule 80 in thick- 302, chapter 2, section 2–2, or ABYC H– ness; and 2 and 33 CFR part 183, subpart K, will (2) Nonmetallic flexible hose is ac- be considered as meeting the require- ceptable but must— ments of this section. (i) Not be used in lengths of more than 30 inches (0.82 meters); § 28.345 Electrical standards for ves- (ii) Be visible, easily accessible, and sels less than 79 feet (24 meters) in must not penetrate a watertight bulk- length. head; (iii) Be fabricated with an inner tube (a) A vessel less than 79 feet (24 me- and a cover of synthetic rubber or ters) in length with an alternating cur- other suitable material reinforced with rent electrical distribution system may wire braid. comply with the requirements of ABYC (iv) Be fitted with suitable, corrosion E–8 and either paragraph (c) or (d) of resistant, compression fittings; and this section, as applicable, in lieu of (v) Be installed with two clamps at meeting the requirements of §§ 28.350 each end of the hose, if designed for use through 28.370. with clamps. Clamps must not rely on (b) A vessel less than 79 feet (24 me- spring tension and must be installed ters) in length with a direct current beyond the bead or flare or over the system may comply with the require- serrations of the mating spud, pipe, or ments of ABYC E–1, ABYC E–9, and ei- hose fitting. ther paragraph (c) or (d) of this section, (f) A fuel line subject to internal as applicable, in lieu of meeting the re- head pressure from fuel in the tank quirements of §§ 28.350 through 28.370. must be fitted with a positive shutoff (c) In addition to paragraph (a) or (b) valve located at the tank which is op- of this section, the vessel may comply erable from a safe location outside the with the requirements of NFPA 302, space in which the valve is located. chapters 7 and 8. (g) A vessel less than 79 feet (24 meters) in length may comply with one of (d) In addition to paragraph (a) or (b) the following standards in lieu of the of this section, the vessel may comply requirements of paragraphs (e) and (f) with the requirements of 33 CFR part of this section. 183, subpart I and § 28.370.

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§ 28.350 General requirements for elec- § 28.360 Electrical distribution sys- trical systems. tems. (a) Electrical equipment exposed to (a) Each electrical distribution sys- the weather or in a location exposed to tem which has a neutral bus or con- seas must be waterproof, watertight, or ductor must have the neutral bus or enclosed in a watertight housing. conductor grounded. (b) Aluminum must not be used for (b) A grounded electrical distribution current carrying parts of electrical system must have only one connection equipment or wiring. to ground. This ground connection must be at the switchboard or, on a (c) As far as practicable, electrical nonmetallic vessel, at the common equipment must not be installed in ground point. lockers used to store paint, oil, turpentine, or other flammable or combus- § 28.365 Overcurrent protection and tible liquid. If electrical equipment, switched circuits. such as lighting, is necessary in these (a) Each power source must be pro- spaces, it must be explosion-proof or tected against overcurrent. Overcur- intrinsically safe. rent devices for generators must be set (d) Explosion-proof and intrinsically at a value not exceeding 115 percent of safe equipment must meet the require- the generator full load rating. ments of 46 CFR part 111, subpart (b) Except for a steering circuit, each 111.105. circuit must be protected against both (e) Metallic enclosures and frames of overload and short circuit. Each over- electrical equipment must be ground- current device in a steering system ed. power and control circuit must provide (f) Each vessel with a nonmetallic short circuit protection only. hull must have a continuous, non-cur- (c) Each ungrounded current carrying rent carrying grounding conductor conductor must be protected in accord- which connects together the enclosures ance with its current carrying capacity and frames of electrical equipment and by a circuit breaker or fuse at the con- which connects metallic items such as nection to the switchboard or distribu- engines, fuel tanks, and equipment en- tion panel bus. closures to a common ground point. (d) Each circuit breaker and each (g) The equipment grounding con- switch must simultaneously open all ductor must be sized in accordance ungrounded conductors. with section 250–95 of NFPA Standard (e) The grounded conductor of a cir- 70. cuit must not be disconnected by a switch or an overcurrent device unless § 28.355 Main source of electrical all ungrounded conductors of the cir- power. cuit are simultaneously disconnected. (a) Applicability. Each vessel that re- (f) Navigation light circuits must be lies on electricity to power any of the separate, switched circuits having following essential loads must have at fused disconnect switches or circuit least two electrical generators to sup- breakers so that only the appropriate ply these loads: navigation lights can be switched on. (1) The propulsion system and its (g) A separate circuit with overcur- necessary auxiliaries and controls; rent protection at the main distribu- (2) Interior lighting; tion panel or switchboard must be provided for each radio installation. (3) Steering systems; (4) Communication systems; § 28.370 Wiring methods and materials. (5) Navigation equipment and naviga- (a) All cable and wire must have in- tion lights; sulated, stranded copper conductors of (6) Fire protection or detection the appropriate size and voltage rating equipment; for the circuit. (7) Bilge pumps; or (b) Each conductor must be No. 22 (8) General alarm system. AWG or larger. Conductors in power (b) Each generator must be attached and lighting circuits must be No. 14 to an independent prime mover. AWG or larger. Conductors must be

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sized so that the voltage drop at the (4) Fire protection and detection sys- load terminals is not more than 10 per- tems, including fire pumps; cent. (5) Communication equipment; (c) Cable and wiring not serving (6) General alarm system and; equipment in a high risk fire area such (7) Emergency lighting. as a galley, laundry, or machinery (d) A vessel less than 36 feet (11.0 me- space must be routed as far as prac- ters) in length need only supply com- ticable from these spaces. As far as munication equipment by an emer- practicable, cables serving duplicated gency source of electrical power if essential equipment must be separated flashlights are provided. so that a casualty that affects one (e) A vessel less than 79 feet (24 me- cable does not affect the other. ters) in length which is not dependent (d) Cable and wire for power and upon electrical power for propulsion, lighting circuits must: including propulsion control systems (1) For circuits of less than 50 volts, or steering, need only supply emer- meet 33 CFR 183.425 and 183.430; and gency lighting, navigation equipment, (2) For circuits of 50 volts or greater: general alarm system, and communica- (i) Meet sections 310–13 and 310–15 of tion systems by the emergency source NFPA 70, except that asbestos insu- of power. lated cable and dry location cable must (f) Where the emergency source of not be used; power is a generator, the generator (ii) Be listed by Underwriters Labora- prime mover must have a fuel supply tories Inc. as UL Boat or UL Marine which is independent of other prime Shipboard cable; or movers. (iii) Meet 46 CFR part 111, subpart [CGD 88–079; 56 FR 40393, Aug. 14, 1991; 56 FR 111.60. 49822, Oct. 1, 1991] (e) All metallic cable armor must be electrically continuous and grounded § 28.380 General structural fire protec- to the metal hull or the common tion. ground point at each end of the cable (a) Fire hazards to be minimized. Each run, except that final sub-circuits vessel must be constructed so as to (those supplying loads) may be ground- minimize fire hazards insofar as is rea- ed at the supply end only. sonable and practicable. (f) A wiring termination and connec- (b) Combustibles insulated from heated tion must be made in a fire retardant surfaces. An internal combustion en- enclosure such as a junction box, fix- gine exhaust, galley uptake, electrical ture enclosure, or panel enclosure. A heating tape, or similar source of igni- fire retardant plastic enclosure is action must be kept clear of and suitably ceptable. insulated from combustible material. A dry exhaust system for an internal § 28.375 Emergency source of electrical combustion engine on a wooden or fiber power. reinforced plastic vessel must be in- (a) Each vessel must have an emer- stalled in accordance with ABYC P–1. gency source of electrical power which (c) Separation of machinery and fuel is independent of the main sources of tank spaces from accommodation spaces. electrical power and which is located (1) Each accommodation space must be outside the main machinery space. separated from machinery and fuel (b) The emergency source of elec- tank spaces by a fire resistant bound- trical power must be capable of sup- ary which will prevent the passage of plying all connected loads continu- vapors. ously for at least 3 hours. (2) Each pipe and cable penetration (c) Except as provided in paragraphs between an accommodation space and a (d) and (e) of this section, the following machinery or a fuel tank storage space electrical loads must be connected to must be sealed. the emergency source of power: (d) Paint and flammable liquid lockers. (1) Navigation lights; Each vessel carrying paint and flam- (2) Steering systems; mable liquids must be equipped with a (3) Bilge pumps; steel or a steel lined storage locker.

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(e) Insulation. Except as provided in constructed of noncombustible mate- paragraphs (e)(1) and (e)(2) of this sec- rial. tion, insulation must be noncombus- (c) Protection of accommodation spaces. tible. A bulkhead or deck separating an ac- (1) In machinery spaces, combustible commodation space from a control sta- insulation may be used for pipe and tion, machinery space, cargo space, or machinery lagging. service space must be constructed of (2) In cargo spaces and refrigerated noncombustible material. compartments of service spaces, combustible insulation may be used. [CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR (f) Vapor barrier. Where insulation of 49822, Oct. 1, 1991] any type is used in spaces where flammable and combustible liquids or va- § 28.390 Means of escape. pors are present, e.g., machinery spaces (a) Each space which is used by an in- and paint lockers, a vapor barrier dividual on a regular basis or which is which covers the insulation must be generally accessible to an individual provided. must have at least two widely sepa- (g) Paint. Nitrocellulose or other rated means of escape. At least one of highly flammable or noxious fume pro- the means of escape must be inde- ducing paints or lacquers must not be pendent of watertight doors. Subject to used on the vessel. the restrictions of this section, means (h) Mattresses. Polyurethane foam of escape include normal exits and mattresses are prohibited. emergency exits, passageways, stair- NOTE: The U.S. Department of Commerce ways, ladders, deck scuttles, and win- Standard for Mattress Flammability (FF4– dows. 72.16) in 16 CFR part 1632, subpart A, applies (b) At least one of the means of es- to each mattress. cape from each space must provide a (i) Fiber reinforced plastic. When the satisfactory route to weather. hull, a deck, deckhouse, or super- (c) Each door, hatch or scuttle used structure of a vessel is partially or as a means of escape must be capable of completely constructed of fiber rein- being opened by one individual, from forced plastic, the resin used must be either side, in both light and dark con- fire retardant. ditions, must open towards the ex- (j) Cooking areas. Vertical or hori- pected direction of escape from the zontal surfaces within 0.9144 meters (3 space served, and if a watertight door feet) of cooking appliances must be be of the quick acting type. composed of noncombustible material (d) Each deck scuttle which serves as or covered by noncombustible mate- a means of escape, must be fitted with rial. Curtains, draperies, or free hang- a quick-acting release and a device to ing fabrics are not permitted within hold the scuttle in an open position. 0.9144 meters (3 feet) of cooking appli- (e) Each foothold, handhold, ladder, ances. or similar structure, provided to aid es- [CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR cape, must be suitable for use in emer- 49822, Oct. 1, 1991, as amended by CGD 96–046, gency conditions and must be of rigid 61 FR 57275, Nov. 5, 1996; CGD 95–028, 62 FR construction. 51197, Sept. 30, 1997] (f) A window or windshield of sufficient size and proper accessibility may § 28.385 Structural fire protection for be used as one of the required means of vessels that operate with more than 49 individuals on board. escape from an enclosed space. (a) Applicability. Each vessel that op- [CGD 88–079, 56 FR 40393, Aug. 14, 1991, as erates with more than 49 individuals on amended by USCG–2008–0906, 73 FR 56509, board must comply with the require- Sept. 29, 2008] ments of this section in addition to the requirements of § 28.380. § 28.395 Embarkation stations. (b) Construction. The hull, structural Each vessel must have at least one bulkheads, columns and stanchions designated survival craft embarkation must be composed of steel. Super- station and any additional embar- structures and deckhouses must be kation stations necessary so that an

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embarkation station is readily acces- inches (0.76 meters) in an application sible from each accommodation space not subject to torsional loading. and work space. Each embarkation station must be arranged to allow the safe § 28.410 Deck rails, lifelines, storm boarding of survival craft. rails, and hand grabs. (a) Except as otherwise provided in § 28.400 Radar and depth sounding de- paragraph (d) of this section, deck vices. rails, lifelines, grab rails, or equivalent (a) Each vessel must be fitted with a protection must be installed near the general marine radar system for sur- periphery of all weather decks acces- face navigation with a radar screen sible to individuals. Where space limi- mounted at the operating station. tations make deck rails impractical, (b) Each vessel must be fitted with a hand grabs may be substituted. suitable echo depth sounding device. (b) The height of deck rail, lifelines, or bulwarks must be at least 391⁄2 § 28.405 Hydraulic equipment. inches (1 meter) from the deck, except, (a) Each hydraulic system must be so where this height would interfere with designed and installed that proper op- the normal operation of the vessel, a eration of the system is not affected by lesser height may be substituted. back pressure in the system. (c) All deck rails or lifelines must be (b) Piping and piping components permanently supported by stanchions must be designed with a burst pressure at intervals of not more than 7 feet (2.3 of not less than four times the system meters). Stanchions must be through maximum operating pressure. bolted or welded to the deck. (c) Each hydraulic system must be (d) Portable stanchions and lifelines equipped with at least one pressure re- may be installed in locations where lieving device set to relieve at the sys- permanently installed deck rails would tem’s maximum operating pressure. impede normal fishing operations or (d) All material in a hydraulic sys- emergency recovery operations. tem must be suitable for use with the (e) Deck rails or lifelines must con- hydraulic fluid used and must be of sist of evenly spaced courses. The spac- such chemical and physical properties ing between courses must not be great- as to remain ductile at the lowest oper- er than 15 inches (0.38 meters). The opening below the lowest course must ating temperature likely to be encoun- not be more than 9 inches (0.23 meters). tered by the vessel. Lower courses are not required where (e) Except for hydraulic steering all or part of the space below the upper equipment, controls for hydraulic rail is fitted with a bulwark, chain link equipment must be located where the fencing, wire mesh, or an equivalent. operator has an unobstructed view of (f) A suitable storm rail or hand grab the hydraulic equipment and the adja- must be installed where necessary in a cent working area. passageway, at a deckhouse side, at a (f) Controls for hydraulic equipment ladder, and a hatch where an individual must be so arranged that the operator might have normal access. is able to quickly disengage the equip- (g) A stern trawler must have doors, ment in an emergency. gates, or other protective arrange- (g) Hydraulically operated machinery ments at the top of the stern ramp at must be equipped with a holding device least as high as adjacent bulwarks or to prevent uncontrolled movement due 391⁄2 inches (1 meter), whichever is less. to loss of hydraulic system pressure. (h) A nonmetallic flexible hose must [CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR only be used between two points of rel- 49822, Oct. 1, 1991] ative motion, including a pump and piping system, and must meet SAE J Subpart E—Stability 1942. (i) Each nonmetallic flexible hose § 28.500 Applicability. and hose assembly must be installed in This subpart applies to each commer- accordance with the manufacturer’s cial fishing industry vessel which is 79 rating and guidelines and must be lim- feet (24 meters) or more in length that ited to a length of not more that 30 is not required to be issued a load line

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under subchapter E of this chapter and minimum, consider the net effects on that— stability of any: (a) Has its keel laid or is at a similar (1) Reduction of the downflooding stage of construction or undergoes a angle; major conversion started on or after (2) Increase in the maximum heeling September 15, 1991; moment caused by fishing gear or (b) Undergoes alterations to the fish- weight lifted over the side due to ing or processing equipment for the changes in lifting arrangement or ca- purpose of catching, landing, or proc- pacity; essing fish in a manner different than (3) Reduction in freeing port area; has previously been accomplished on (4) Increase in free surface effects, in- the vessel—these vessels need only cluding increased free surface effects comply with § 28.501 of this subpart; or due to water on deck associated with (c) Has been substantially altered on any increase in length or height of bul- or after September 15, 1991. warks; [CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR (5) Increase in projected wind area; 47679, Sept. 20, 1991, as amended by CGD 88– (6) Decrease in the angle of maximum 079, 57 FR 364, Jan. 6, 1992] righting arm; (7) Decrease in the area under the § 28.501 Substantial alterations. righting arm curve; and (a) Except as provided in paragraph (8) Increase in the surface area on (b) of this section, a vessel that is sub- which ice can reasonably be expected stantially altered, including the cumu- to accumulate. lative effects of all alterations, need not comply with the remainder of this § 28.505 Vessel owner’s responsibility. subpart, provided that it has stability (a) Where a test or calculations are instructions developed by a qualified necessary to evaluate stability, it is individual which comply with § 28.530 the owner’s responsibility to select a (c) through (e). qualified individual to perform the test (b) A vessel that is substantially al- or calculations. tered in a manner which adversely affects its stability, including the cumu- (b) Test results and calculations de- lative effects of all alterations, need veloped in evaluating stability must be not comply with the remainder of this maintained by the owner. subpart, provided the stability instruc- § 28.510 Definition of stability terms. tions required by paragraph (a) of this section are based on loading conditions Downflooding means the entry of sea- or operating restrictions, or both, water through any opening into the which compensate for the adverse af- hull or superstructure of an undamaged fects of the alterations. vessel due to heel, trim, or submer- (c) The following changes to a ves- gence of the vessel. sel’s lightweight characteristics are Downflooding angle means the static considered to adversely affect vessel angle from the intersection of the ves- stability: sel’s centerline and the waterline in (1) An increase in the vertical center calm water to the first opening that of gravity at lightweight by more than cannot be closed weathertight and 2 inches (51 millimeters) compared to through which downflooding can occur. the original lightweight value. Flush deck means a continuous (2) An increase or decrease of light- weather deck located at the uppermost weight displacement by more than 3 sheer line of the hull. percent of the original lightweight dis- Forward perpendicular means a placement. vertical line corresponding to the (3) A shift of the longitudinal center intersection of the forward side of the of gravity of more than 1 percent of the vessel’s stem and the vessel’s waterline vessel’s length. at the vessel’s deepest operating draft. (d) In determining whether or not a Open boat means a vessel not pro- vessel’s stability has been adversely af- tected from entry of water by means of fected, a qualified individual must, at a a complete deck, or by a combination

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of partial weather deck and super- (c) A vessel which is fitted with an structure which is seaworthy for the outboard engine must be loaded as de- waters upon which the vessel operates. scribed in paragraph (e) of this section Protected waters means sheltered wa- and must float in calm water after ters presenting no special hazards such being submerged for 18 hours so that— as most rivers, harbors, lakes, and (1) The vessel has an equilibrium heel similar waters as determined by the angle of less than 10°; OCMI. (2) Any portion of the vessel’s hull is Qualified individual means an indi- above the water’s surface; and vidual or an organization with formal (3) Any portion of the lowest 3 feet training in and experience in matters (0.91 meters) of the vessel’s hull is not dealing with naval architecture cal- more than 6 inches (152 millimeters) culations. below the water’s surface as measured Substantially altered means the vessel at the lowest point on the following— is physically altered in a manner that affects the vessel’s stability and in- (i) The gunwale, for an open boat; or cludes: (ii) The main deck, for a decked ves- (1) Alterations that result in a sel. change of the vessel’s lightweight (d) A vessel which is fitted with an vertical center of gravity of more than outboard engine must be loaded as de- 2 inches (51 millimeters), a change in scribed in paragraph (f) of this section the vessel’s lightweight displacement and must survive the submergence de- of more than 3 percent, or an increase scribed in paragraph (c) of this section, of more than 5 percent in the vessel’s except that the equilibrium heel angle projected lateral area, as determined must not exceed 30° and the vessel by tests or calculations; must float with the lower end of the (2) Alterations which change the ves- vessel not more than 12 inches (0.31 me- sel’s underwater shape; ters) below the water’s surface in calm (3) Alterations which change a ves- water. sel’s angle of downflooding; and (e) For the tests described in para- (4) Alterations which change a ves- graphs (b) and (c) of this section, a vessel’s buoyant volume. sel must be complete in all respects, Well deck means a weather deck except that machinery which would be fitted with solid bulwarks that impede damaged by water may be replaced the drainage of water over the sides or with equivalent fixed weight in the an exposed recess in the weather deck same location as the machinery it re- extending one-half or more of the places. The vessel must be loaded with length of the vessel. weight to represent the most adverse loading condition. The most adverse § 28.515 Submergence test as an alternative to stability calculations. loading condition normally includes the maximum weight of fish in its (a) A vessel may comply with this highest possible location. Weights section in lieu of the remainder of the must be substituted for operating per- requirements in this subpart. A certifi- sonnel at 165 pounds (734 Newtons) per cation plate installed under 33 CFR individual and may be substituted for part 183, subpart B, is acceptable evi- fishing gear. The substitute weights dence of compliance with this section. may be located transversely so that (b) A vessel which is fitted with in- the vessel floats level prior to being board engines and loaded as described submerged. The two largest air cham- in paragraph (e) of this section must float in calm water, after being sub- bers, or compartments of a decked ves- merged for 18 hours, so that— sel not used as fuel tanks, that con- (1) For an open vessel, any portion of tribute buoyancy to the vessel must be the vessel’s gunwale is above the wa- flooded. ter’s surface; or (f) For the test described in para- (2) For a decked vessel, any portion graph (d) of this section, a vessel must of the main deck is above the water’s be complete and loaded as described in surface. paragraph (e) of this section, except

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that the center of gravity of the equiv- (4) Any other appropriate format for alent maximum fish load must be lo- providing stability instructions. cated to one side of the vessel’s center- (e) Stability instructions must be de- line by a distance equal to one-fifth of veloped based on the vessel’s individual the maximum transverse dimension of characteristics and may include the the fish storage space. following, as appropriate for the for- [CGD 88–079, 56 FR 40393, Aug. 14, 1991, as mat chosen for presentation: amended by USCG-2004–18884, 69 FR 58344, (1) A general description of the ves- Sept. 30, 2004] sel, including lightweight data; (2) Instructions on the use of the in- §§ 28.520–28.525 [Reserved] formation; (3) General arrangement plans show- § 28.530 Stability instructions. ing watertight compartments, closures, (a) Intent. The intent of this section vents, downflooding angles, and allow- is to ensure that vessel masters and in- able weights; dividuals in charge of vessels are pro- (4) Loading restrictions, such as dia- vided with enough stability informa- grams, tables, descriptions or max- tion to allow them to maintain their imum KG curves; vessel in a satisfactory stability condi- (5) Sample loading conditions; tion. The rules provide maximum flexi- (6) General precautions for pre- bility for owners and qualified individ- venting unintentional flooding; uals to determine how this information (7) Capacity plan or tank sounding is conveyed, taking into consideration tables showing tank and hold capac- decisions by operating personnel must ities, centers of gravity, and free sur- be made quickly and that few oper- face effects; ating personnel in the commercial fish- (8) A rapid and simple means for eval- ing industry have had specialized train- uating any specific loading condition; ing in stability. Therefore, stability in- (9) The amount and location of fixed structions should take into account ballast; the conditions a vessel may reasonably (10) Any other necessary guidance for be expected to encounter and provide maintaining adequate stability under simple guidance for the operating per- normal and emergency conditions; sonnel to deal with these situations. (b) Each vessel must be provided with (11) A general description of the sta- stability instructions which provide bility criteria that are used in devel- the master or individual in charge of oping the instructions; the vessel with loading constraints and (12) Guidance on the use of roll limi- operating restrictions which maintain tation devices such as stabilizers; and the vessel in a condition which meets (13) Any other information the owner the applicable stability requirements feels is important to the stability and of this subpart. operation of the vessel. (c) Stability instructions must be developed by a qualified individual. § 28.535 Inclining test. (d) Stability instructions must be in (a) Except as provided in paragraphs a format easily understood by the mas- (b) and (c) of this section, each vessel ter or individual in charge of the ves- for which the lightweight displacement sel. Units of measure, language, and and centers of gravity must be deter- rigor of calculations in the stability in- mined in order to do the calculations structions must be consistent with the required in this subpart must have an ability of the master or the individual inclining test performed. in charge of the vessel. The format of (b) A deadweight survey may be sub- the stability instructions may include, stituted for the inclining test, if there at the owner’s discretion, any of the is a record of an inclining test of a sis- following: ter vessel. A vessel qualifies as a sister (1) Simple loading instructions; vessel if it is built to the same basic (2) A simple loading diagram with in- drawings and the undocumented weight structions; difference between the two vessels is (3) A stability booklet with sample less than 3 percent of the lightweight calculations; or displacement of the vessel which was

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inclined and the location of the longi- § 28.545 Intact stability when using tudinal center of gravity differs less lifting gear. than 1 percent of the vessel’s length. (a) Each vessel which lifts a weight (c) A deadweight survey may be sub- over the side, or that uses fishing gear stituted for the inclining test, or the that can impose an overturning mo- inclining test may be dispensed with, if ment on the vessel, such as trawls and an accurate estimate of the vessel’s seines, must meet the requirements of lightweight characteristics can be this section if that maximum heeling made and the precise location of the moment exceeds 0.67(W)(GM)(F/B), in position of the vessel’s vertical center foot-long tons (meter-metric tons), of gravity is not necessary to ensure where: that the vessel has adequate stability W=displacement of the vessel with in all probable loading conditions. the lifted weight or the force on the (d) ASTM F 1321 (incorporated by ref- fishing gear included, in long tons (metric tons); erence, see § 28.40), with the exception GM=metacentric height with the lift- of Annexes A and B, may be used as ed weight or force on the fishing gear guidance for any inclining test or dead- included, in feet (meters); weight survey conducted under this F=freeboard to the lowest weather section. deck, measured at amidships in feet [CGD 88–079, 56 FR 40393, Aug. 14, 1991, as (meters); and amended by USCG-1999–5151, 64 FR 67176, Dec. B=maximum beam, in feet (meters). 1, 1999] (b) Except as provided in paragraph (f) of this section, each vessel must § 28.540 Free surface. meet the requirements of § 28.570 or (a) When doing the stability calcula- have at least 15 foot-degrees (0.080 meter-radians) of area under the right- tions required by this subpart, the vir- ing arm curve, after correcting the tual rise in the vessel’s vertical center righting arms for the heeling arm of gravity due to liquids in tanks must caused by lifting or fishing gear, from be considered by calculating the fol- the angle of equilibrium to the least of lowing— the following: (1) For each type of consumable liq- (1) The angle corresponding to the uid, the maximum free surface effect of maximum righting arm; a tank, or a transverse pair of tanks, (2) The angle of downflooding; or having the greatest free surface effect, (3) 40° (0.7 radians). in addition to a correction for service (c) The angle of intersection of the tanks; and heeling arm curve resulting from the (2) The free surface effect of each par- lifting moment or the moment of fish- tially filled tank and hold containing a ing gear and the righting arm curve liquid that is not a consumable or con- must not be at an angle of more than taining fish or a fish product that can 10° (0.17 radians). shift as the vessel heels. This should (d) The heeling arm curve resulting include correction for any loose water from lifting must be calculated as the within the vessel’s hull associated with resultant of the upright heeling moment divided by the vessel’s displace- the processing of fish. ment multiplied by the cosine of the (b) The free surface effect of tanks angle of heel. fitted with cross connection piping (e) For the purposes of this section, must be calculated assuming the tanks the weight of suspended loads must be are one common tank, unless valves assumed to act at the tip of the boom that will be kept closed to prevent the unless the suspended load’s transverse transfer of liquids as the vessel heels movement is restricted, such as by the are installed in the piping. use of sideboards. (c) The moment of transference (f) A vessel that operates on pro- method may be used in lieu of the iner- tected waters, as defined in § 170.050 of tia method when calculating free sur- this chapter, must comply with the re- face effects. quirements of this section, except that the area described in paragraph (b) of

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this section must be at least 10 foot-de- § 28.555 Freeing ports. grees (0.053 meter-radians). (a) Except as provided in paragraph § 28.550 Icing. (i) of this section, each decked vessel fitted with bulwarks must be fitted (a) Applicability. Each vessel that op- with freeing ports. ° erates north of 42 North latitude be- (b) Freeing ports must be located to tween November 15 and April 15 or allow the rapid clearing of water in all south of 42° South latitude between probable conditions of list and trim. April 15 and November 15 must meet (c) Except as provided by paragraphs the requirements of this section. (d) through (h) of this section, the ag- (b) Except as provided in paragraph gregate clear area of freeing ports on (d) of this section, the weight of as- each side of the vessel must not be less sumed ice on each surface above the than 0.71 plus 0.035 times the length of waterline of a vessel which operates the bulwark, in meters, for area in north of 66°30′ North latitude or south square meters, or 7.6 plus 0.115 times of 66° South latitude must be assumed the length of the bulwark, in feet, for to be at least: the area in square feet. The length of (1) 6.14 pounds per square foot (30 bulwark need not exceed 0.7 times the Kilograms per square meter) of hori- overall length of the vessel. zontal projected area which cor- (d) Except as provided in paragraphs responds to a thickness of 1.3 inches (33 (e) through (h) of this section, for bul- millimeters); and warks which exceed 20.11 meters (66 (2) 3.07 pounds per square foot (15 feet) in length, the aggregate clear Kilograms per square meter) of vertical area of freeing ports on each side of the projected area which corresponds to a vessel must not be less than 0.07 times thickness of 0.65 inches (16.5 millime- the length of the bulwark, in meters, ters). for an area in square meters (0.23 times (c) Except as provided in paragraph the length of the bulwark in feet, for (d) of this section, the weight of as- an area in square feet). The length of sumed ice on a vessel that operates the bulwark need not exceed 0.7 times north of 42° North but south of 66°30′ the overall length of the vessel. North latitude or south of 42° South (e) For a bulwark more than 4 feet but north of 66° South latitude must be (1.22 meters) in height, the freeing port assumed to be at least one-half of the area required by paragraphs (c) or (d) values required by paragraphs (b)(1) of this section must be increased in ac- and (b)(2) of this section. cordance with the following formula: (d) The height of the center of grav- i=[h¥4]0.04q, (i=[h¥1.722].04q, for ity of the accumulated ice should be metric units), where: calculated according to the position of i=increase in freeing port area, in each corresponding horizontal surface square feet (square meters); (deck and gangway) and each other h=bulwark height, in feet (meters); continuous surface on which ice can and reasonably be expected to accumulate. q=length of bulwark exceeding 4 feet The projected horizontal and vertical (1.22 meters) in height, in feet (meters). area of each small discontinuous sur- (f) For a bulwark less than 3 feet (0.91 face such as a rail, a spar, and rigging meters) in height, the required freeing with no sail can be accounted for by in- port area, required by paragraph (c) or creasing the calculated area by 15 per- (d) of this section, may be decreased in cent. accordance with the following formula: (e) The weight and location of ice r=[3¥h]0.04q, (r=[h¥0.91¥h]0.04q), must be included in the vessel’s weight where: and centers of gravity in each condi- r=permitted reduction in freeing port tion of loading when performing the area, in square feet (square meters). stability calculations required by this h=bulwark height, in feet (meters). subpart. q=length of bulwark which is less [CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR than 3 feet (0.914 meters) in height, in 47679, Sept. 20, 1991] feet (meters).

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(g) For a vessel without sheer, the (f) Each window and portlight located freeing port area must be increased by below the first deck above the lowest 50 percent. weather deck must be provided with an (h) The area of the freeing ports on a inside deadlight. Each deadlight must vessel that operates on protected wa- be efficient, hinged, and arranged so ters need only be 50 percent of the area that it can be effectively closed water- required by paragraphs (c) or (d) of this tight. section. (g) An opening in a vessel below the (i) Freeing port covers are permitted weather deck which is used for dis- provided that the freeing port area recharging water or debris resulting from quired by this section is not diminished processing or sorting operations must and the covers are constructed and be fitted with a means to ensure the fitted so that water will readily flow opening can be closed weathertight. outboard but not inboard. This means of closing must be operable [CGD 88–079, 56 FR 40393, Aug. 14, 1991, as from a location which is outside the amended by CGD 96–046, 61 FR 57276, Nov. 5, space containing the opening. 1996] § 28.565 Water on deck. § 28.560 Watertight and weathertight integrity. (a) Each vessel with bulwarks must (a) Each opening in a deck or a bulk- comply with the requirements of this head that is exposed to weather must section. be fitted with a weathertight or a wa- (b) Except for a vessel that operates tertight closure device. on protected waters, the residual right- (b) Except as provided in paragraphs ing energy, ‘‘b’’ in Figure 28.565, must (c) through (f) of this section, each not be less than the water on deck opening in a deck or a bulkhead that is heeling energy, ‘‘a’’ in Figure 28.565. exposed to weather must be fitted with (c) The water on deck heeling energy a watertight coaming as follows: must be determined assuming the fol- (1) For a vessel 79 feet (24 meters) or lowing: more in length, the coaming must be at (1) The deck well is filled to the top least 24 inches (0.61 meters) in height; of the bulwark at its lowest point and or the vessel heeled to the angle at which (2) For a vessel less than 79 feet (24 this point is immersed; meters) in length, the coaming must be (2) Water does not run off through at least 12 inches (0.30 meters) in the freeing ports; height. (c) A coaming to a fish hold that is (3) Vessel trim and displacement are under constant attention when the clo- constant and equal to the values of the sure is not in place need only be 6 vessel without the water on deck; and inches (0.15 meters) in height. (4) Water in the well is free to run-off (d) The coaming of an opening fitted over the top of the bulwark. with a quick-acting watertight closure (d) The residual righting energy is device need only be of sufficient height the righting energy from the value to accommodate the device. where the righting arm equals the (e) Except on an exposed forecastle water on deck heeling arm up to the deck, a coaming is not required on a lesser of the values of 40° (0.70 radians) deck above the lowest weather deck. of heel or the downflooding angle.

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§ 28.570 Intact righting energy. ans) and the lesser of 40° (0.70 radians) or the angle of downflooding; and (a) Except as provided in paragraph (c) of this section, each vessel must (7) Except as provided by paragraph have the following properties in each (b) of this section, positive righting condition of loading: arms through an angle of heel of 60° (1) An initial metacentric height (1.05 radians). (GM) of at least 1.15 feet (0.35 meters); (b) In lieu of meeting the require- (2) A righting arm (GZ) of at least ments of paragraph (a)(7) of this sec- 0.66 feet (0.2 meters) at an angle of heel tion, a vessel may comply with the fol- not less than 30° (0.52 radians); lowing provisions: (3) A maximum righting arm that oc- (1) Hatches in the watertight/weath- curs at an angle of heel not less than ertight envelope must be normally 25° (0.44 radians); kept closed at sea (e.g., the live tank (4) An area under each righting arm hatch is only opened intermittently, curve of at least 16.9 foot-degrees (0.090 under controlled conditions); or meter-radians) up to the lesser of 40° (2) Unintentional flooding through (0.70 radians) or the angle of these hatches must not result in pro- downflooding; gressive flooding to other spaces; and (5) An area under each righting arm (3) In all cases, a vessel must have curve of at least 10.3 foot-degrees (0.055 positive righting arms through an meter-radians) up to an angle of heel of angle of heel of at least 50° (0.87 radi- ° 30 (0.52 radians); ans) and the intact stability analysis (6) An area under each righting arm must consider that spaces accessed by curve of at least 5.6 foot-degrees (0.030 meter-radians) between 30° (0.52 radi-

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such hatches to be flooded full or flood- A1=109kXY[Square root of (rs)], in de- ed to the level having the most detri- grees, mental effect on stability when free where: surface effects are considered. (c) In lieu of meeting the require- s,X,Y=factors from table 28.575; r=0.73+0.6 Z /d; ments of paragraph (a) of this section, g Zg=distance between the center of gravity a vessel may comply with the provi- and the waterline (+ above, ¥ below), in sions of § 170.173(c) of this chapter, pro- feet (meters); vided that righting arms are positive k=1.0 for round bilged vessels with no bilge to an angle of heel of not less than 50° keels or bar keels; 0.7 for vessels with (0.87 radians). sharp bilges, or the value from table 28.575 (d) For the purpose of paragraphs (a) for vessels with a bar keel, bilge keels, or and (c) of this section, at each angle of both; heel a vessel’s righting arm must be B=molded breadth of the vessel, in feet (meters); calculated assuming the vessel is per- d=mean molded draft of the vessel, in feet mitted to trim free until the trimming (meters); moment is zero. Cb=block coefficient; Ak=aggregate area of bilge keels, the area of § 28.575 Severe wind and roll. the lateral projection of a bar keel, or the (a) Each vessel must meet paragraphs sum of these areas, in square feet (square (f) and (g) of this section when sub- meters); jected to the gust wind heeling arm L=length, in feet (meters); T=1.108 BC/square root of GM, in seconds; 2.0 and the angle of roll to windward as BC/square root of GM, if metric units are specified in this section. used; (b) The gust wind heeling arm, Lw in GM=metacentric height corrected for free figure 28.575 of this chapter, must be surface effects, as explained in § 28.540, in calculated by the following formula: feet (meters); C=0.373+0.023(B/d)¥0.000131L or 0.373+0.023(B/ 2 KEn(Vn AnZn)/W D)¥0.00043L, if metric units are used. where: (d) The angle of equilibrium, Ael in K=0.00216 when consistent English units are figure 28.575, is calculated by deter- used or 1.113 when consistent metric units mining the lowest angle at which the are used. gust wind heeling arm, Lw, is equal to En=series summation notation where n var- ies from 1 to the number of elements in the the righting arm. series; (e) The area ‘‘b’’ in figure 28.575 must Vn=S[0.124LN(0.3048hn)+0.772], in feet per sec- be measured to the least of the fol- ond S[0.127LN(hn)+0.772], in meters per sec- lowing: ond and is the wind speed for profile ele- (1) The angle of downflooding, (Af); ment ‘‘n’’ on a vessel; (2) The angle of the second intercept, S=64 (19.5, if metric units are used) for a Ae2 in figure 28.575, of the wind heeling vessel that operates on protected waters; arm curve, L in figure 28.575, and the or 85.3 (26, if metric units are used) for a w vessel that operates on waters other than righting arm curve; or protected waters; (3) A heel angle of 50° (0.87 radians). LN=natural logarithm; (f) The angle of equilibrium, Ael in hn=the vertical distance from the centroid of figure 28.575, must not exceed 14° (0.24 area An to the waterline for profile element radians). n, in feet (meters); (g) Area ‘‘b’’ in figure 28.575 must not An=projected lateral area for profile element be less than area ‘‘a’’ in figure 28.575. n, in square feet (square meters); Z =the vertical distance between the cen- n TABLES 28.575—ROLL FACTORS troid of An and a point at the center of the underwater lateral area or a point at ap- B/d X proximately one-half of the draft, for profile element n, in feet; and 2.4 1.0 W=displacement of the loaded vessel, in 2.5 0.98 pounds (Newtons). 2.6 0.96 2.7 0.95 (c) The angle of roll to windward, A1, 2.8 0.93 is measured from the equilibrium 2.9 0.91 3.0 0.90 angle, Ael, and is calculated by the fol- 3.1 0.88 lowing formula: 3.2 0.86

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TABLES 28.575—ROLL FACTORS—Continued 100Ak/(LB) k

B/d X 1.0 0.98 1.5 0.95 3.3 0.84 2.0 0.88 3.4 0.82 2.5 0.79 3.5 0.80 3.0 0.74 3.5 0.72 Note. Intermediate values must be obtained by 4.0 0.70 interpolation. Note. Intermediate values must be obtained by Cb Y interpolation.

0.45 0.75 T S 0.50 0.82 0.55 0.89 6 0.100 0.60 0.95 7 0.098 0.93 0.97 8 0.093 0.70 1.0 12 0.065 14 0.053 Note. Intermediate values must be obtained by 16 0.044 interpolation. 18 0.038 20 0.035 100Ak/(LB) k Note: Intermediate values must be obtained by 0 1.0 interpolation.

[56 FR 40393, Aug. 14, 1991, CGD 88–079; 56 FR 47679, Sept. 20, 1991, CGD 88–079, as amended by CGD 95–072, 60 FR 50461, Sept. 29, 1995; USCG-2004–18884, 69 FR 58344, Sept. 30, 2004; USCG–2008– 0906, 73 FR 56509, Sept. 29, 2008]

§ 28.580 Unintentional flooding. section, each vessel built on or after September 15, 1991 must comply with (a) Applicability. Except for an open the requirements of this section. boat that operates on protected waters and as provided by paragraph (i) of this

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(b) Collision bulkhead. A watertight (f) Survival conditions. A vessel is pre- collision bulkhead must be fitted and sumed to survive the assumed damage must meet the following: and unintentional flooding described in (1) Openings in the collision bulkhead paragraphs (d) and (e) of this section if: must be kept to a minimum, and each (1) The angle of equilibrium after must be fitted with a watertight clo- flooding does not exceed 25° (0.44 radi- sure device; ans); and (2) A collision bulkhead must not be (2) Through an angle of 20° (0.35 radi- fitted with a door below the bulkhead ans) beyond the angle of equilibrium deck; after flooding, the following are met— (3) A penetration or opening in a col- (i) The righting arm curve is positive; lision bulkhead must be— (ii) The maximum righting arm is at (i) Located as high and as far inboard least 4 inches (102 millimeters); as practicable; and (iii) Each submerged opening is capa- (ii) Fitted with a means to rapidly ble of being made weathertight; and make it watertight which is operable (iv) The heeling arm caused by de- from a location aft of the collision ploying all fully loaded davit-launched bulkhead; survival craft on one side of a vessel does not exceed the righting arm at (4) The collision bulkhead must be lo- any angle of heel beyond the equi- cated at least 5 percent of the length librium angle when launching is as- from the forward perpendicular unless sumed on the damaged side. the vessel has a bulbous bow, in which (g) Permeability. The permeability of case the forward reference point will be each space must not be less than the extended by half the distance between following: the vessel’s forward perpendicular and (1) For an accommodations space—95 the forwardmost point of the bulbous percent; bow as shown in figure 28.580; and (2) For a propulsion machinery (5) The collision bulkhead must not space—85 percent; be stepped below the bulkhead deck. (3) For a tightly packed storage (c) Each vessel must meet the sur- space—60 percent; vival conditions in paragraph (f) of this (4) For a void or an auxiliary machin- section in each condition of loading ery space—95 percent; and operation with the extent and (5) For an empty fish hold—95 per- character of damage specified in para- cent; graphs (d) and (e) of this section. (6) For a full fish hold—50 percent; (d) Extent and character of damage. and Except where a lesser extent of damage (7) For tanks—95 percent (less if a or a smaller penetration would be more tank must be full to attain the draft disabling, in evaluating the damage under consideration.) stability of a vessel the following pene- (h) Buoyancy of superstructure. A tration must be assumed: deckhouse or a superstructure may be (1) Longitudinal extent—L/10, or 10 included in the buoyant volume of a feet (3.05 meters) plus 0.03L, whichever vessel provided it is: is less. Transverse watertight bulk- (1) Sufficiently strong to withstand heads that are separated by at least the impact of waves; this distance may be assumed to re- (2) Fitted with a weathertight or wa- main effective; tertight closure device for each open- (2) Transverse extent—30 inches (0.76 ing; meters) from the side measured at (3) Equipped with an efficient, right angles to the centerline at the hinged, inside deadlight, for each win- level of the deepest operating water- dow and each portlight, arranged so line; and that it can be effectively closed water- (3) Vertical extent—from the baseline tight; and upward without limit. (4) Fitted with interior access from (e) Each space containing a through the spaces below. hull fitting, such as the lazarette and (i) A vessel may obtain and maintain the engineroom, must be assumed to be a Load Line Certificate under sub- flooded. chapter E of this chapter in lieu of

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meeting the requirements of paragraphs (c) through (g) of this section.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR 47679, Sept. 20, 1991, as amended by CGD 88–079, 57 FR 364, Jan. 6, 1992]

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§§ 28.590–28.630 [Reserved] (b) Each vessel which is classed under paragraph (a) of this section must: Subpart F—Fish Processing Vessel (1) Have on board a certificate of class issued by the organization that § 28.700 Applicability. classed the vessel. Each fish processing vessel which is (2) Meet all survey and classification not subject to inspection under the requirements prescribed by the organi- provisions of another subchapter of zation that classed the vessel. this chapter must meet the requirements of this subpart. Subpart G—Aleutian Trade Act § 28.710 Examination and certification Vessels of compliance. (a) At least once in every two years SOURCE: CGD 94–025, 60 FR 54444, Oct. 24, each vessel must be examined for com- 1995, unless otherwise noted. pliance with the regulations of this § 28.800 Applicability and general re- subchapter by the ABS, a similarly quirements. qualified organization, or a surveyor of an accepted organization. (a) This subpart applies to each fish (b) Each individual performing an ex- tender vessel engaged in the Aleutian amination under paragraph (a) of this trade that has not undergone a major section, upon finding the vessel to be in conversion and: compliance with the requirements of (1) Was operated in Aleutian trade this chapter, must provide a written before September 8, 1990; or certification of compliance to the (2) Was purchased to be used in the owner or operator of the vessel. Aleutian trade before September 8, (c) Each certification of compliance 1990, and entered into service in the issued under paragraph (b) of this sec- Aleutian trade before June 1, 1992. tion must: (b) Except as noted otherwise in this (1) Be signed by the individual that subpart, a vessel subject to this sub- performed the examination; part must also comply with the re- (2) Include the name of the organiza- quirements of subparts A, B, and C of tion the individual performing the ex- this part. amination represents or the name of (c) Each fish tender vessel engaged in the accepted organization the indi- the Aleutian trade that undergoes a vidual belongs to; and major conversion after September 15, (3) State that the vessel has been ex- 1991 must comply with the additional amined and found to meet the specific requirements of subpart D. requirements of this chapter. (d) A fish tender vessel engaged in (d) A certification of compliance the Aleutian trade is subject to inspec- issued under paragraph (b) of this section under the provisions of 46 U.S.C. tion must be retained on board the ves- 3301 (1), (6), or (7) unless it: sel until superseded. (e) A copy of the certification of com- (1) Is not more than 500 gross tons; pliance issued under paragraph (b) of (2) Has an incline test performed by a this section must be forwarded by the marine surveyor; and organization under whose authority (3) Has written stability instructions the examination was performed to the posted on board the vessel. Coast Guard District Commander (At- tention: Fishing Vessel Safety Coordi- § 28.805 Launching of survival craft. nator) in charge of the district in In addition to the survival craft re- which the examination took place. quirements in subpart B, each vessel must have a gate or other opening in § 28.720 Survey and classification. the deck rails, lifelines, or bulwarks (a) Each vessel which is built after or adjacent to the stowage location of which undergoes a major conversion each survival craft which has a mass of completed after July 27, 1990, must be more than 50 kilograms (110 pounds), so classed by the ABS, or a similarly that the survival craft can be manually qualified organization. launched.

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§ 28.810 Deck rails, lifelines, storm must be fitted with more than one suc- rails and hand grabs. tion line. (a) Except as otherwise provided in (b) In addition, each vessel must be paragraph (d) of this section, deck fitted with a fixed secondary or backup rails, lifelines, grab rails, or equivalent bilge pump having an independent and protection must be installed near the separate source of power from the periphery of all weather decks acces- pump required in paragraph (a) of this sible to individuals. Where space limi- section. One of the bilge pumps may be tations make deck rails impractical, attached to the propelling engine. hand grabs may be substituted. (c) A portable bilge pump may sub- (b) The height of deck rails, lifelines, stitute for the secondary pump re- or bulkwarks must be at least 1 meter quired above, as long as it meets the (391⁄2 inches) from the deck, except following: where this height will interfere with (1) It must be self priming and pro- the normal operation of the vessel, a vided with a suitable suction hose of lesser height may be substituted. adequate length to reach the bilges of (c) All deck rails or lifelines must be each watertight compartment it must permanently supported by stanchions serve and be fitted with a built-in at intervals of not more than 2.3 me- check valve and strainer. ters (7 feet). Stanchions must be (2) The portable pump must be of at through bolted or welded to the deck. least the same minimum capacity as (d) Portable stanchions and lifelines that listed in paragraph (a) of this sec- may be installed in locations where tion and fitted with a discharge hose of permanently installed deck rails will adequate length to ensure overboard impede normal cargo operations or discharge from the lowest compart- emergency recovery operations. ment in which it can serve. (e) Deck rails or lifelines must con- (3) The portable pump must also be sist of evenly spaced courses. The spac- capable of being quickly and efficiently ing between courses must not be great- attached to the vessel’s fixed bilge suc- er than 0.38 meters (15 inches). The tion main and/or discharge piping (such opening below the lowest course must as with ‘‘camlocks’’, etc.) for alternate not be more than 0.23 meters (9 inches). emergency use. Lower courses are not required where (d) Except for suction lines attached all or part of the space below the upper to an individual pump provided for a rail is fitted with a bulwark, chain link separate space, or for a portable pump, fencing, wire mesh, or an equivalent. each individual bilge suction line must (f) A suitable storm rail or hand grab be provided with a stop valve at the must be installed where necessary in a manifold and a check valve at some ac- passageway, at a deckhouse side, at a cessible point in the bilge line to pre- ladder, and a hatch where an individual vent unintended flooding of a space. might have access. (e) Each bilge suction line and dewatering system must be fitted with § 28.815 Bilge pumps, bilge piping, and a suitable strainer to prevent clogging dewatering systems. of the suction line. Strainers must Instead of meeting the requirements have an open area of not less than of § 28.255, each vessel to which this three times the open area of the suc- subpart applies must meet the fol- tion line. lowing requirements: (f) Except for a fire pump required by (a) Each vessel must be equipped 46 CFR 28.820, a bilge pump may be with a fixed, self priming, powered, used for other purposes. bilge pump, having a minimum capac- (g) Each vessel must comply with the ity rating of 50 gallons per minute, oil pollution prevention requirements connected to a bilge manifold and pip- of 33 CFR parts 151 and 155. ing capable of draining any watertight compartment, other than tanks and § 28.820 Fire pumps, fire mains, fire small buoyancy compartments, under hydrants, and fire hoses. all service conditions. Large spaces, (a) Each vessel must be equipped such as engine rooms and cargo holds with a self-priming, power driven fire

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pump connected to a fixed piping sys- § 28.825 Excess fire detection and pro- tem. This pump must be capable of detection equipment. livering an effective stream of water Instead of meeting the requirements from a hose connected to the highest of § 28.155, each vessel to which this outlet. The minimum capacity of the subpart applies must meet the fol- power fire pump shall be 50 gallons per lowing requirements: minute at a pressure of not less than 60 (a) Installation of fire detection and pounds per square inch at the pump protection equipment in excess of that outlet. required by the regulations in this Sub- (1) If multiple pumps are installed, chapter is permitted provided that the they may be used for other purposes excess equipment does not endanger provided at least one pump is kept the vessel or individuals on board in available for use on the fire system at any way. The excess equipment must, all times. at a minimum, be listed and labeled by (2) In addition, each vessel must be an independent, nationally recognized fitted with a portable fire pump having testing laboratory and be in accord- a minimum capacity of that specified ance with an appropriate industry in paragraph (a) of this section, capable standard for design, installation, test- of producing a stream of water having ing, and maintenance. (b) An existing fixed gas fire extin- a throw of at least 12 meters (39.4 feet) guishing system that is in excess of the from the nozzle, and capable of being required fire protection equipment re- connected to National Standard Fire quired by subparts A, B, and C of this Hose of the size utilized on board the part, may remain in place and continue vessel. If a vessel already has on board in service as long as all parts of the a portable pump satisfying the bilge system are maintained in good condi- system requirements of § 28.255(d), no tion to the satisfaction of the Coast additional portable pump is required as Guard Representative, and subject to long as the portable pump is of suffi- the following: cient size/capacity, and is properly (1) A fixed fire extinguishing system equipped to handle both fire fighting capable of automatic discharge upon and flood control. heat detection, may only be installed (b) Each vessel must have a sufficient in a normally unoccupied space. For number of fire hydrants to reach any the purpose of this section, the ma- part of the vessel using a single length chinery space aboard a fish tender op- of hose. erating in the Aleutian trade is consid- (c) Each fire hydrant must have at ered occupied. least one length of fire hose connected (2) A fixed fire extinguishing system to the outlet at all times, a spanner, must: and a hose rack or other device for (i) Be capable of manual actuation stowing the hose at all times. from outside the space protected; (1) All parts of the firemain located (ii) Produce an audible alarm to indi- on exposed decks shall either be pro- cate the discharge of the extinguishing tected against freezing or be fitted agent for 20 seconds before the extin- with cutout valves and drain valves. guishing agent is released into the space; (2) Firehose shall not be used for any (iii) The branch line valves of all fire other purpose other than fire extin- extinguishing systems shall be plainly guishing, drills, and testing. and permanently marked indicating (3) Each length of fire hose must be a the spaces serviced; minimum of 3.83 centimeters (11⁄2’’) di- (iv) The control cabinets or spaces ameter lined commercial fire hose and containing valves or manifolds for the be fitted with a nozzle made of corro- various fire extinguishing systems sion resistant material capable of pro- shall be distinctly marked in con- viding a solid stream and a spray pat- spicuous red letters at least 5.08 centi- tern. meters (2 inches) high: [CGD 94–025, 60 FR 54444, Oct. 24, 1995, as ‘‘HALON FIRE SYSTEM’’ amended by USCG–2010–0759, 75 FR 60002, ‘‘CARBON DIOXIDE FIRE SYSTEM’’ or Sept. 29, 2010] ‘‘FOAM FIRE SYSTEM’’, as the case may be;

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(v) Instructions for the operation of (e) Oil piping drains, strainers and the system must be located in a con- other equipment subject to normal oil spicuous place at or near all pull boxes, leakage must be fitted with drip pans stop valve controls, and in the agent or other means to prevent oil draining storage space; into the bilge. (vi) If the space or enclosure con- (f) All nonmetallic filters and strain- taining the supply or controls is to be ers must be fitted with a metal shield locked, a key to the space or enclosure attached to their base in such a way as shall be in a break-glass-type box con- to prevent direct flame impingement in spicuously located adjacent to the the case of a fire. opening, and; (g) Shutoff valves shall be installed (vii) Be equipped with a sign at the in the fuel supply piping lines, one as alarm stating: ‘‘WHEN ALARM close to each tank as practicable, and SOUNDS—VACATE AT ONCE. CAR- one as close to each fuel pump as prac- BON DIOXIDE BEING RELEASED’’, or ticable. Valves shall be accessible at list other fire extinguishing agent. all times. (3) Any modification, alteration, or (h) Fuel oil piping subject to internal new installation of a fixed gas fire ex- head pressure from diesel oil in a tank tinguishing system must meet the ad- must be fitted with a positive shutoff ditional requirements of subpart D of valve, installed to close against the this part. flow at the tank. This valve is to be ca- [CGD 94–025, 60 FR 54444, Oct. 24, 1995, as pable of remote actuation from outside amended by USCG-2004–18884, 69 FR 58344, the space in which the tank/piping is Sept. 30, 2004] located, accessible at all times, and suitably marked. § 28.830 Fire detection system. (i) With the exception of paragraph (a) Each accommodation space must (j) and (k) of this section, fuel piping be equipped with an independent mod- shall be steel pipe, annealed seamless ular smoke detector or a smoke actu- copper, brass, nickel copper, or copper ated fire detecting unit installed in ac- nickel alloy tubing having a minimum cordance with § 76.33 of this chapter. wall thickness of 0.9 millimeters (0.035 (b) An independent modular smoke inches). detector must meet UL 217 and be list- (j) Flexible connections of a short ed as a ‘‘Single Station Smoke Detec- length (no more than 762mm, (30 tor—Also Suitable for Use in Rec- inches)), suitable metallic or non- reational Vehicles’’. metallic flexible tubing or hose is permitted in the fuel supply line at or § 28.835 Fuel systems. near the engine to prevent damage by (a) Portable fuel systems including vibration. If nonmetallic flexible hose portable tanks and related fuel lines is used it must: and accessories are prohibited except (1) Not exceed the minimum length where used for outboard engines or needed to allow for vibration; portable bilge/fire pumps. (2) Be visible, easily accessible, and (b) Each integral fuel tank must be must not penetrate a watertight bulk- fitted with a vent pipe connected to the head; highest point of the tank terminating (3) Be fabricated with an inner tube in a 180 degree (3.14 radians) bend on a and outer-covering of synthetic rubber weather deck and be fitted with a or other suitable material reinforced flame screen. with wire braid; (c) Test cocks must not be fitted to (4) Be fitted with suitable, corrosion fuel oil tanks. resistant, compression fittings; and (d) Valves for removing water or im- (5) Be installed with two hose clamps purities from diesel fuel oil systems at each end of the hose, if designed for are permitted in the machinery space use with clamps. Clamps must not rely provided they are away from any po- on spring tension and must be installed tential sources of ignition. Such valves beyond the bead or flare or over the shall be fitted with caps or plugs to serrations of the mating spud, pipe, or prevent leakage. hose fitting.

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(k) Supply piping that conveys fuel following essential loads must have at oil or lubricating oil to equipment and least two electrical generators to sup- is in close proximity of equipment or ply: lines having an open flame or having (1) The propulsion system and its parts operating above 260° C (500 °F) necessary auxiliaries and controls; must be of seamless steel. (2) Interior lighting; (l) Existing fuel oil piping may re- (3) Steering systems; main in service as long as it is service- (4) Communication systems; able to the satisfaction of the Coast (5) Navigation equipment and naviga- Guard Representative. Any replace- tion lights; ment, alterations, modifications or (6) Fire protection or detection new installations to the fuel oil piping equipment; system must be made in accordance (7) Bilge pumps; and with the material requirements of this (8) General alarm system. section. (b) Each generator must be attached § 28.840 Means for stopping pumps, to an independent prime mover. ventilation, and machinery. § 28.855 Electrical distribution sys- All electrically driven fuel oil trans- tems. fer pumps, fuel oil unit and service pumps, and ventilation fans shall be (a) Each electrical distribution sys- fitted with remote controls from a tem which has a neutral bus or con- readily accessible position outside of ductor must have the neutral bus or the space concerned so that they may conductor grounded. be stopped in the event of fire occur- (b) A grounded electrical distribution ring in the compartment in which they system must have only one connection are located. These controls shall be to ground. This ground connection suitably protected against accidental must be at the switchboard. operation or tampering and shall be § 28.860 Overcurrent protection and suitably marked. switched circuits. § 28.845 General requirements for elec- (a) Each power source must be pro- trical systems. tected against overcurrent. Overcur- (a) Electrical equipment exposed to rent devices for generators must be set the weather or in a location exposed to at a value not exceeding 115 percent of seas must be waterproof or watertight, the generator’s full load rating. or enclosed in a watertight housing. (b) Except for a steering circuit, each (b) Aluminum must not be used for circuit must be protected against both current carrying parts of electrical overload and short circuit. Each over- equipment or wiring. current device in a steering system (c) As far as practicable, electrical power and control circuit must provide equipment must not be installed in protection only. lockers used to store paint, oil, turpen- (c) Each ungrounded current carrying tine, or other flammable or combus- conductor must be protected in accord- tible liquids. If electrical equipment, ance with its current carrying capacity such as lighting, is necessary in these by a circuit breaker or fuse at the con- spaces, it must be explosion-proof or nection to the switchboard or distribu- intrinsically safe. tion panel bus. (d) Explosion-proof and intrinsically (d) Each circuit breaker and each safe equipment must meet the require- switch must simultaneously open all ments of § 111.105 of this chapter. ungrounded conductors. (e) Metallic enclosures and frames of (e) The grounded conductor of a cir- electrical equipment must be ground- cuit must not be disconnected by a ed. switch or an overcurrent device unless all ungrounded conductors of the cir- § 28.850 Main source of electrical cuit are simultaneously disconnected. power. (f) Navigation light circuits must be (a) Applicability: Each vessel that re- separate, switched circuits having lies on electricity to power any of the fused disconnect switches or circuit

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breakers so that only the appropriate enclosure such as a junction box, fix- navigation lights can be switched on. ture enclosure, or panel enclosure. (g) A separate circuit with overcur- (h) Existing cable and wire may re- rent protection at the main distribu- main in place and continue in use as tion panel or switchboard must be pro- long as it is deemed serviceable to the vided for each radio installation. satisfaction of the Coast Guard Rep- resentative. Any new installation, re- § 28.865 Wiring methods and materials. placement, modification or alteration (a) All cable and wire must have in- must be done in accordance with the sulated, stranded copper conductors of requirements of this section. the appropriate size and voltage rating of the circuit. § 28.870 Emergency source of electrical (b) Each conductor must be No. 22 power. AWG or larger. Conductors in power (a) The following electrical loads and lighting circuits must be No. 14 must be connected to an independent AWG or larger. Conductors must be emergency source of power capable of sized so that the voltage drop at the supplying all connected loads continu- load terminals is not more than 10 per- ously for at least three hours: cent. (1) Navigation lights; (c) Cable and wiring not serving equipment in high risk fire areas such (2) Fire protection and detection sys- as a galley, laundry, or machinery tems; space must be routed as far as prac- (3) Communications equipment; ticable from these spaces. As far as (4) General alarm system; and practicable, cables serving duplicated (5) Emergency lighting; essential equipment must be separated (b) The emergency power source must so that a casualty that affects one be aft of the collision bulkhead, out- cable does not affect the other. Exist- side of the machinery space, and above ing cables and wires may remain as the uppermost continuous deck. routed; however, any replacement wir- (c) An emergency source of power ing, new cabling and/or alterations supplied solely by storage battery must must be routed as specified above. also meet the following requirements: (d) No unused or dead ended cables (1) Each battery must be a lead-acid may remain after the permanent re- or alkaline type and be able to with- moval or alteration of an electrical de- stand vessel pitch, vibration, roll, and vice. exposure to a salt water atmosphere; (e) Cable and wire for power and (2) A battery cell must not spill elec- lighting circuits must: trolyte when the battery is inclined at (1) For circuits of less than 50 volts, 30 degrees from the vertical; meet 33 CFR 183.425 and 183.430; and (3) Each battery installation must be (2) For circuits of 50 volts or greater: in a battery room, in a box on dock, or (i) Meet section 310–13 and 310–15 of in a well ventilated compartment. The NFPA 70, except that asbestos insulated cable and dry location cable must batteries must be protected from fall- not be used; ing objects; (ii) Be listed by Underwriters Labora- (4) Each battery tray must be secured tories Inc. as UL Marine Boat or UL to prevent shifting with the roll and Marine Shipboard cable; or pitch of the vessel and lined with a ma- (iii) Meet § 111.60 of this chapter. terial that is corrosion resistant to the (f) All metallic cable armor must be electrolyte of the battery; electrically continuous and grounded (5) Each battery bank installation to the metal hull or the common must be fitted with its own drip-proof ground point at each end of the cable charging system; and run, except that final sub-circuits (6) Each deck box used for battery (those supplying loads) may be ground- storage must be weathertight, and ed at the supply end only. have holes near the top to allow gas to (g) Wiring terminations and connec- escape. tions must be made in a fire retardant

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§ 28.875 Radar, depth sounding, and (f) Controls for hydraulic equipment auto-pilot. must be so arranged that the operator (a) Each vessel must be fitted with a is able to quickly disengage the equip- general marine radar system for sur- ment in an emergency. face navigation with a radar screen (g) Hydraulically operated machinery mounted at the operating station, and must be fail-safe or equipped with a facilities on the bridge for plotting holding device to prevent uncontrolled radar readings. movement or sudden loss of control due to loss of hydraulic system pressure. A (b) Each vessel must be fitted with a system is considered to be fail-safe if a suitable echo depth sounding device. component failure results in a slow and (c) Except as provided in 33 CFR controlled release of the load so as not § 164.15, when the automatic pilot is to endanger personnel. used in areas of high traffic density, (h) Nonmetallic flexible hose assem- conditions of restricted visibility, and blies must only be used between two all other hazardous navigational situa- points of relative motion, limited to tions, the master or person in charge the least amount of length that will af- shall ensure that: ford maximum multidirectional move- (1) It is possible to immediately es- ment of the equipment served. tablish manual control of the unit’s (i) Hose end fittings must comply steering: with SAE J1475, (Hydraulic Hose Fit- (2) A competent person is ready at all tings For Marine Applications). Field times to take over steering control; attachable fittings must be installed and following the manufacturer’s rec- (3) The changeover from automatic ommended practice (method). to manual steering and vice versa is (j) Nonmetallic flexible hose shall be made by, or under the supervision of, marked with the manufacturer’s name the officer of the watch. or trademark, type or catalog number and maximum allowable working pres- § 28.880 Hydraulic equipment. sure. (a) Each hydraulic system must be so (k) Existing hydraulic piping, non- designed and installed that proper op- metallic hose assemblies, and compo- eration of the system is not affected by nents may be continued in service so back pressure in the system. long as they are maintained in good (b) Piping and piping components condition to the satisfaction of the must be designed with a burst pressure Coast Guard Representative, but all of not less than four times the system’s new installations, or replacements maximum operating pressure. shall meet the applicable specifications (c) Each hydraulic system must be or requirements of this section. equipped with at least one pressure relieving device set to relieve at the sys- § 28.885 Cargo gear. tem’s maximum operating pressure. (a) The safe working load (SWL) for (d) All material in a hydraulic sys- the assembled gear shall be marked on tem must be suitable for use with the the heel of each cargo boom, crane, or hydraulic fluid used and must be of derrick. These letters and figures are such chemical and physical properties to be in contrasting colors to the back- as to remain ductile at the lowest oper- ground and at least one inch in height. ating temperature likely to be encoun- The SWL is construed to be the load tered by the vessel. the gear is approved to lift, excluding (e) Except for hydraulic steering the weight of the gear itself. equipment, controls for operating hy- (b) All wire rope, chains, rings, draulic equipment must be located hooks, links, shackles, swivels, blocks, where the operator has an unob- and any other loose gear used or instructed view of the controls for oper- tended to be used in cargo loading or ating hydraulic equipment and the ad- unloading must be commensurable jacent work area. Protection shall be with the SWL rating in paragraph (a) afforded to the operator of hydraulic of this section. This gear shall be vis- equipment against falling or swinging ually inspected by the vessel’s captain objects and/or cargo. or his designee at frequent intervals,

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and in any event not less than once in tion must be retained on board the ves- each operating month. sel until superseded. (c) In addition to the inspection re- (e) A copy of the certification of com- quired in paragraph (b) of this section, pliance issued under paragraph (b) of a biennial, (every second year), thor- this section must be forwarded by the ough examination and proof load test, organization under whose authority at a minimum of the SWL rating, shall the examination was performed to the be performed and witnessed by com- Coast Guard District Commander (At- petent personnel. The proof load ap- tention: Fishing Vessel Safety Coordi- plied to the winches, booms, derricks, nator) in charge of the district in cranes and all associated gear shall be which the examination took place. lifted with the ship’s normal tackle with the boom or derrick at the lowest § 28.895 Loadlines. practicable angle. When the load has (a) A fish tender vessel of not more been lifted, it shall be swung as far as than 500 gross tons, engaged in the possible in both directions. Aleutian trade, is not subject to the (d) After satisfactory completion of loadline provisions of 46 U.S.C. Chapter the tests and examinations required in 51 if it is not on a foreign voyage and paragraphs (b) and (c) of this section, the vessel: all results and notations together with (1) Operated in this trade before Sep- the date and location of each shall be tember 8, 1990; or maintained and available to Coast (2) Was purchased to be used in this Guard representatives upon request. trade before September 8, 1990 and entered into service before June 1, 1992; § 28.890 Examination and certification and of compliance. (3) Has not undergone a major con- (a) At least once in every two years version; and each ATA vessel must be examined for (4) Has not had a loadline assigned at compliance with the regulations of this any time before November 16, 1990. subchapter by the ABS, a similarly (b) The exemption from the loadline qualified organization, or a surveyor of provision of 46 U.S.C. Chapter 51 set an accepted organization. forth in paragraph (a) of this section (b) Each individual performing an ex- expires on January 1, 2003. amination under paragraph (a) of this section, upon finding the vessel to be in § 28.900 Post accident inspection. compliance with the requirements of The requirements for providing no- this chapter, must provide written cer- tice and reporting of marine casualties tification of compliance to the owner are contained in part 4 of this chapter. or operator of the vessel. The owner of or master of the vessel (c) Each certification of compliance shall ensure that the survey guidance issued under paragraph (b) of this sec- provided by a Coast Guard Representa- tion must: tive is effectively carried out, that the (1) Be signed by the individual that material and the workmanship of such performed the examination; repairs or renewals are in all respects (2) Include the name of the organiza- satisfactory, and that the vessel com- tion the individual performing the ex- plies in all respects with the regula- amination represents or the name of tions in this part. the accepted organization the individual belongs to; and § 28.905 Repairs and alterations. (3) State that the vessel has been ex- No repairs or alterations affecting amined and found to meet the specific the safety of the vessel with regard to requirements of this chapter. the hull, machinery, or equipment, (d) A certification of compliance shall be made without the notification issued under paragraph (b) of this sec- of a Coast Guard Representative.

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PART 30—GENERAL PROVISIONS 30.10–39 Liquefied flammable gas—TB/ALL. 30.10–41 Lakes, bays, and sounds—TB/B. 30.10–42 Machinery space—TB/ALL. NOTE: Parts 151 through 157 in 33 CFR subchapter O contain additional design, equip- 30.10–43 Marine inspector or inspector—TB/ ment, and operations requirements relating ALL. to pollution prevention for vessels that carry 30.10–45 Ocean—TB/O. oil. 30.10–47 Officer in Charge, Marine Inspec- tion—TB/ALL. Subpart 30.01—Administration 30.10–48 Oil fuel—TB/ALL. 30.10–48a Oil fuel unit—TB/ALL. Sec. 30.10–49 Permit—TB/ALL. 30.01–1 Purpose of regulations. 30.10–50 Pilot boarding equipment and point 30.01–2 OMB control numbers assigned pur- of access. suant to the Paperwork Reduction Act. 30.01–3 Incorporation by reference. 30.10–55 Pressure vacuum relief valve—TB/ 30.01–5 Application of regulations—TB/ALL. ALL. 30.01–6 Application to vessels on an inter- 30.10–57 Recognized classification society— national voyage. TB/ALL. 30.01–7 Ocean or unlimited coastwise vessels 30.10–59 Reid vapor pressure—TB/ALL. on inland and Great Lakes Routes—TB/ 30.10–61 Rivers—TB/R. OC. 30.10–62 Self-propelled tank vessel—TB/ 30.01–10 Application of regulations gov- ALL. erning alterations or repairs—TB/ALL. 30.10–62a Service spaces—TB/ALL. 30.01–15 Effective date of regulations—TB/ 30.10–63 Spark arrester—TB/ALL. ALL. 30.10–65 Tank barge—B/ALL. 30.10–67 Tankship—T/ALL. Subpart 30.10—Definitions 30.10–69 Tank vessel—TB/ALL. 30.10–1 Definition of terms—TB/ALL. 30.10–71 Tankerman—TB/ALL. 30.10–2 Accommodation space—TB/ALL. 30.10–2a Anniversary date—TB/ALL. Subpart 30.15—Equivalents 30.10–3 Approved—TB/ALL. 30.10–5 Cargo—TB/ALL. 30.15–1 Conditions under which equivalents 30.10–5a Cargo area—TB/ALL. may be used—TB/ALL. 30.10–5b Cargo control station—TB/ALL. 30.10–6 Cargo handling room—TB/ALL. Subpart 30.25—Commodities Regulated 30.10–6a Category A machinery space—TB/ ALL. 30.25–1 Cargoes carried in vessels certifi- 30.10–7 Certificated—TB/ALL. cated under the rules of this subchapter. 30.10–9 Classification requirements—TB/ 30.25–3 Benzene. ALL. 30.10–11 Coastwise—TB/C. Subpart 30.30—Interim Procedures for Eval- 30.10–13 Cofferdam—TB/ALL. uating Vessel Personnel Licensing and 30.10–14 Combination carrier—TB/ALL. Certification Programs of Foreign 30.10–15 Combustible liquid—TB/ALL. Countries 30.10–17 Commandant—TB/ALL. 30.10–19 Coast Guard District Commander— 30.30–1 Scope and purpose. TB/ALL. 30.30–3 Evaluation materials. 30.10–19a Control space—TB/ALL. 30.30–5 Submission of evaluation materials. 30.10–20 Deadweight or DWT—TB/ALL. 30.30–7 Availability of materials. 30.10–21 Flammable or inflammable—TB/ ALL. 30.30–9 Evaluation. 30.10–22 Flammable liquid—TB/ALL. 30.30–11 Determinations. 30.10–23 Flame arrester—TB/ALL. AUTHORITY: 46 U.S.C. 2103, 3306, 3703; Pub. 30.10–25 Flame screen—TB/ALL. L. 103–206, 107 Stat. 2439; 49 U.S.C. 5103, 5106; 30.10–27 Flashpoint—TB/ALL. Department of Homeland Security Delega- 30.10–29 Gas free—TB/ALL. tion No. 0170.1; Section 30.01–2 also issued 30.10–31 General rules and regulations—TB/ under the authority of 44 U.S.C. 3507; Section ALL. 30.01–05 also issued under the authority of 30.10–33 Great Lakes—TB/L. Sec. 4109, Pub. L. 101–380, 104 Stat. 515. 30.10–35 Headquarters—TB/ALL. 30.10–37 Keel laying date—TB/ALL. SOURCE: CGFR 65–50, 30 FR 16657, Dec. 30, 30.10–38 Lightweight—TB/ALL. 1965, unless otherwise noted.

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Subpart 30.01—Administration able to the public. All approved material is available for inspection at the § 30.01–1 Purpose of regulations. National Archives and Records Admin- (a) The rules and regulations in this istration (NARA). For information on subchapter are prescribed for all tank the availability of this material at vessels in accordance with the intent of NARA, call 202–741–6030 or go to http:// the various statutes administered by www.archives.gov/federallregister/ the Coast Guard and to provide for a codeloflfederallregulations/ correct and uniform administration of ibrllocations.html. Also, it is available the vessel inspection requirements ap- for inspection at the Coast Guard, Of- plicable to tank vessels. fice of Design and Engineering Stand- ards (CG–521), 2100 2nd St. SW., Stop [CGFR 68–32, 33 FR 5712, Apr. 12, 1968] 7126, Washington, DC 20593–7126, 202– § 30.01–2 OMB control numbers as- 372–1405, and is available from the signed pursuant to the Paperwork sources listed below. Reduction Act. (b) American Society for Testing and (a) Purpose. This section collects and Materials (ASTM), 100 Barr Harbor displays the control numbers assigned Drive, West Conshohocken, PA 19428– to information collection and record- 2959, telephone 610–832–9585, http:// keeping requirements in this sub- www.astm.org. chapter by the Office of Management (1) ASTM D 323–94, Standard Test and Budget (OMB) pursuant to the Pa- Method for Vapor Pressure of Petro- perwork Reduction Act of 1980 (44 leum Products (Reid Method), incorpo- U.S.C. 3501 et seq.). The Coast Guard in- ration by reference approved for tends that this section comply with the §§ 30.10–22; 30.10–59. requirements of 44 U.S.C. 3507(f) which (2) [Reserved] requires that agencies display a cur- [USCG–2009–0702, 74 FR 49226, Sept. 25, 2009] rent control number assigned by the Director of the OMB for each approved § 30.01–5 Application of regulations— agency information collection require- TB/ALL. ment. (b) Display. NOTE: 33 CFR subchapter O (parts 151 through 157) contains additional design, Current equipment, and operations requirements re- 46 CFR part or section where identified or de- OMB control scribed No. lating to pollution prevention for vessels that carry oil. § 31.10–5(a) ...... 1625–0038 § 31.10–21 ...... 1625–0032 (a) The regulations in this sub- § 31.10–22 ...... 1625–0032 chapter contain requirements for ma- § 31.10–32 ...... 1625–0038 terials, design, construction, inspec- § 31.10–33 ...... 1625–0038 § 31.37–15 ...... 1625–0038 tion, manning, and operation of tank § 31.40–35 ...... 1625–0038 vessels, including handling and stow- § 35.20–7 ...... 1625–0064 age of cargo and duties of officers and § 35.35–30 ...... 1625–0039 § 39.10–13 ...... 1625–0038 crew. However, vessels certificated as passenger, cargo, and miscellaneous vessels, whose principal purpose or use [49 FR 38120, Sept. 27, 1984, as amended by CGD 89–037, 57 FR 41821, Sept. 11, 1992; USCG- is not the carriage of flammable or 2004–18884, 69 FR 58345, Sept. 30, 2004] combustible liquid cargo in bulk, may be granted a permit to carry limited § 30.01–3 Incorporation by reference. quantities of flammable or combustible (a) Certain material is incorporated liquid cargo in bulk in the grades indi- by reference into this part with the ap- cated: proval of the Director of the Federal (1) Passenger vessels: Register under 5 U.S.C. 552(a) and 1 (i) Grade E in an integral tank; and CFR part 51. To enforce any edition (ii) Grade E in a portable tank, in- other than that specified in this sec- cluding a marine portable tank (MPT), tion, the Coast Guard must publish no- in accordance with subpart 98.30 or tice of change in the FEDERAL REG- 98.33 of this chapter. ISTER and the material must be avail- (2) Cargo vessels:

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(i) Grades D and E in an integral (2) ‘‘B’’ signifies a tank barge when it tank; and precedes an oblique line; or it signifies (ii) Grades D and E and certain spe- service on bays, sounds, and lakes cifically named Grade C in a portable other than the Great Lakes when it fol- tank, including an MPT, in accordance lows an oblique line. with subpart 98.30 or 98.33 of this chap- (3) ‘‘ALL’’ signifies service on all water. ters. (3) Miscellaneous vessels, such as (4) ‘‘O’’ signifies service on ocean wa- cable, salvage, pile-driving and oil- ters. drilling-rig vessels: (5) ‘‘C’’ signifies services on coastwise (i) Grades B, C, D, and E in a fixed waters. independent or integral tank author- (6) ‘‘L’’ signifies service on Great ized by the Commandant; and Lakes waters. (ii) Grades D and E and certain spe- (7) ‘‘R’’ signifies service on river wa- cifically named Grade C in a portable ters. tank, including an MPT, in accordance (d) This subchapter is applicable to with subpart 98.30 or 98.33 of this chap- all U.S.-flag vessels indicated in Col- ter. umn 2 of Table 30.01–5(d), except as fol- (b) [Reserved] lows: (c) The vessels and services to which (1) Any vessel operating exclusively each regulation applies are indicated on inland waters which are not navi- by letters in the heading of the section gable waters of the United States. or paragraph. The first letter or two (2) Any vessel while laid up and dis- letters indicate the type of vessel and mantled and out of commission. the letter or letters following the ob- (3) With the exception of vessels of lique line indicate the waters in which the U.S. Maritime Administration, any such vessels may operate. These letters vessel with title vested in the United are described as follows: States and which is used for public pur- (1) ‘‘T’’ signifies a tankship. poses.

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(e) This subchapter shall be applica- over which the United States has juris- ble to all foreign flag vessels carrying diction, except that: combustible or flammable liquid cargo (1) A vessel of a foreign nation signa- in bulk while in the navigable waters tory to the International Convention

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for Safety of Life at Sea, 1974, which § 30.01–6 Application to vessels on an has on board a current valid Safety international voyage. Equipment Certificate, or a vessel of a (a) Except as provided in paragraphs foreign nation having inspection laws (b), (c), and (d) of this section, the reg- approximating those of the United ulations in this subchapter that apply States, together with reciprocal inspection arrangements with the United to a vessel on an international voyage States and which has on board a cur- apply to a vessel that: rent valid certificate of inspection (1) Is mechanically propelled and of issued by its government under such at least 500 gross tons; and arrangements, in either case, shall be (2) Is engaged on a voyage: subject only to the requirements of (i) From a country to which the § 35.01–1 and the safety and cargo han- International Convention for Safety of dling requirements in subparts 35.30 Life at Sea, 1974 (SOLAS 74) applies, to and 35.35 of this subchapter. In addi- a port outside that country or the re- tion, these vessels shall report marine verse; casualties occurring while they are in (ii) From any territory, including the the navigable waters of the United Commonwealth of Puerto Rico, all pos- States as required by subpart 35.15. sessions of the United States, and all (2) A foreign flag vessel, except a pub- lands held by the United States under lic vessel, which operates on or enters a protectorate or mandate, whose the navigable waters of the United international relations are the respon- States, or which transfers oil in any sibility of a contracting SOLAS 74 gov- port or place subject to the jurisdiction ernment, or which is administered by of the United States, must comply with the provisions of § 31.10–21a and sub- the United Nations, to a port outside parts 32.53, 32.59 and 34.05 of this chap- that territory or the reverse; or ter, as applicable. (iii) Between the contiguous states of (f) Notwithstanding the exceptions the United States and the states of Ha- previously noted in paragraph (e) of waii or Alaska or between the states of this section, foreign vessels of novel de- Hawaii and Alaska. sign or construction, or whose oper- (b) The regulations that apply to a ation involves potential unusual risks, vessel on an international voyage in this shall be subject to inspection to the ex- subchapter do not apply to ships en- tent necessary to safeguard life and gaged on a voyage solely on the Great property in United States ports, as fur- Lakes and the St. Lawrence River as ther provided by § 2.01–13 of subchapter far east as a straight line drawn from A (Procedures applicable to the Public) Cap des Rosiers to West Point, Anti- of this chapter. costi Island and, on the north side of (g) Manned barges carrying any of Anticosti Island, the 63rd Meridian; the cargoes listed in Table 30.25–1 will (c) The Commandant or his author- be considered individually by the Com- ized representative may exempt any mandant and may be required to com- vessel on an international voyage from ply with the requirements of sub- the requirements of this subchapter if chapter O of this chapter, as applica- the vessel: ble, as well as the requirements of this subchapter. (1) Makes a single international voy- (h) Subpart 30.30 contains procedures age in exceptional circumstances; and for evaluating vessel personnel licens- (2) Meets safety requirements pre- ing and certification programs of for- scribed for the voyage by the Com- eign countries which license or certifi- mandant. cate personnel serving on tank vessels (d) The Commandant or his author- that enter or operate in U.S. navigable ized representative may exempt any waters and ports. vessel from the construction requirements of this subchapter if the vessel EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 30.01–5, see the List of CFR does not proceed more than 20 nautical Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

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miles from the nearest land in the Subpart 30.10—Definitions course of its voyage. § 30.10–1 Definition of terms—TB/ALL. [CGD 72–131R, 38 FR 29320, Oct. 24, 1973, as amended by CGD 80–123, 45 FR 64586, Sept. 30, Certain terms used in the regulations 1980; CGD 90–008, 55 FR 30660, July 26, 1990; in this subchapter are defined in this CGD 84–069, 61 FR 25286, May 20, 1996; USCG- subpart. 2001–10224, 66 FR 48619, Sept. 21, 2001] § 30.10–2 Accommodation space—TB/ § 30.01–7 Ocean or unlimited coastwise ALL. vessels on inland and Great Lakes The term accommodation space means Routes—TB/OC. any public space such as a hall, dining (a) Vessels inspected and certificated room, mess room, lounge, corridor, lav- for ocean or unlimited coastwise routes atory, cabin, office, hospital, cinema, shall be considered suitable for naviga- game and hobby room, pantry that tion insofar as the provisions of this contains no cooking appliances, and a subchapter are concerned on any in- similar space open to the passengers land route, including the Great Lakes. and crew. [CGD 74–127, 41 FR 3842, Jan. 26, 1976] § 30.01–10 Application of regulations governing alterations or repairs— § 30.10–2a Anniversary date—TB/ALL. TB/ALL. The term anniversary date means the When major alterations or major re- day and the month of each year, which pairs of tank vessels become necessary corresponds to the date of expiration of the work shall be done under the direc- the Certificate of Inspection. tion of the Officer in Charge, Marine Inspection, and shall be in accordance [USCG-1999–4976, 65 FR 6499, Feb. 9, 2000] with the regulations in effect for new § 30.10–3 Approved—TB/ALL. construction insofar as possible. When minor alterations or minor repairs of The term approved means approved tank vessels become necessary such by the Commandant unless otherwise work shall be under the direction of stated. the Officer in Charge, Marine Inspec- § 30.10–5 Cargo—TB/ALL. tion, and shall be in accordance with the regulations in effect at the time The term cargo means combustible the vessel was contracted for or built, liquid, flammable liquid, or liquefied or in accordance with the regulations flammable gas unless otherwise stated. in effect for new construction insofar § 30.10–5a Cargo area—TB/ALL. as possible. The term cargo area means that part § 30.01–15 Effective date of regula- of a vessel that includes the cargo tions—TB/ALL. tanks and other tanks into which cargo or cargo vapors are intentionally intro- The regulations in this subchapter duced, holds containing these tanks, are not retroactive in effect unless spe- all intervening space within, between, cifically made so at the time the regu- below, or outboard of these tanks or lations are issued. Changes in speci- holds, and the deck area over the fication requirements of articles of length and beam of the vessel above equipment, or materials used in con- these tanks, holds, or spaces. struction of tank vessels, shall not apply to such items which have been [CGD 74–127, 41 FR 3842, Jan. 26, 1976] passed as satisfactory until replacement shall become necessary, unless a § 30.10–5b Cargo control station—TB/ specific finding is made that such ALL. equipment or material used is unsafe The term cargo control station means or hazardous and has to be removed a location that is manned during cargo from tank vessels. transfer operations for the purpose of directing or controlling the loading or [CGFR 65–50, 30 FR 16657, Dec. 30, 1997, as unloading of cargo. amended by CGD 95–028, 62 FR 51197, Sept. 30, 1997] [CGD 74–127, 41 FR 3842, Jan. 26, 1976]

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§ 30.10–6 Cargo handling room—TB/ the event of the failure of the walls of ALL. one to retain their tightness. The term cargo handling room means any enclosed space where cargo is § 30.10–14 Combination carrier—TB/ ALL. pumped, compressed, or processed. Ex- amples of cargo handling rooms are The term combination carrier means a pump rooms, compressor rooms, and tank vessel designed to carry alter- cargo valve rooms. natively liquid and solid cargoes in bulk. [CGFR 68–65, 33 FR 19983, Dec. 28, 1968] [CGD 74–127, 41 FR 3843, Jan. 26, 1976] § 30.10–6a Category A machinery space—TB/ALL. § 30.10–15 Combustible liquid—TB/ The term Category A machinery space ALL. means any space and trunks and ducts The term combustible liquid means to such a space that contains: any liquid having a flashpoint above 80 (a) Internal combustion machinery °F. (as determined from an open-cup used for main propulsion; tester, as used for test of burning oils). (b) Internal combustion machinery In the regulations of this subchapter, used for purposes other than main pro- combustible liquids are referred to by pulsion where the total aggregate grades, as follows: power is at least 500 brake horsepower; (a) Grade D. Any combustible liquid (c) Internal combustion machinery having a flashpoint below 150 °F. and that uses a fuel that has a flash point above 80 °F. ° ° of less than 43.3 C (110 F); or (b) Grade E. Any combustible liquid (d) One or more oil fired boilers or oil having a flashpoint of 150 °F. or above. fuel units. [CGFR 65–50, 30 FR 16657, Dec. 30, 1965, as [CGD 74–127, 41 FR 3842, Jan. 26, 1976] amended by CGD 73–96, 42 FR 49023, Sept. 26, § 30.10–7 Certificated—TB/ALL. 1977] The term certificated when applied to § 30.10–17 Commandant—TB/ALL. tank vessels refers to a vessel covered The term Commandant means the by a certificate of inspection issued by Commandant of the Coast Guard. the Coast Guard; when applied to men employed on tank vessels, the term re- § 30.10–19 Coast Guard District Com- fers to a certificate of ability issued by mander—TB/ALL. the Coast Guard. The term Coast Guard District Com- § 30.10–9 Classification requirements— mander means an officer of the Coast TB/ALL. Guard designated as such by the Com- The term classification requirements mandant to command all Coast Guard means applicable rules and supple- activities within his district which in- mentary requirements of the American clude the enforcement and administra- Bureau of Shipping, or other recog- tion of Subtitle II, Title 46, U.S. Code, nized classification society. Title 46 and Title 33, U.S. Code, and regulations issued under these stat- § 30.10–11 Coastwise—TB/C. utes. Under this designation shall be in- [CGFR 65–50, 30 FR 16657, Dec. 30, 1965, as cluded all tank vessels normally navi- amended by CGD 95–028, 62 FR 51197, Sept. 30, gating the waters of any ocean or the 1997] Gulf of Mexico 20 nautical miles or less offshore. § 30.10–19a Control space—TB/ALL. The term control space means an en- § 30.10–13 Cofferdam—TB/ALL. closed space in which is located a ship’s The term cofferdam means a void or radio, main navigating equipment, or empty space separating two or more emergency source of power or in which compartments for the purpose of isola- is located centralized fire recording or tion or to prevent the contents of one fire control equipment, but not includ- compartment from entering another in ing firefighting apparatus that must be

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located in the cargo area or individual § 30.10–25 Flame screen—TB/ALL. pieces of firefighting equipment. The term flame screen means a fitted [CGD 74–127, 41 FR 3843, Jan. 26, 1976] single screen of corrosion-resistant wire of at least 30 by 30 mesh, or two § 30.10–20 Deadweight or DWT—TB/ fitted screens, both of corrosion-resist- ALL. ant wire, of at least 20 by 20 mesh, The term deadweight or DWT means spaced not less than 1⁄2 inch or more the difference in metric tons between than 11⁄2 inches apart. the lightweight displacement and the total displacement of a vessel meas- § 30.10–27 Flashpoint—TB/ALL. ured in water of specific gravity 1.025 The term flashpoint indicates the at the load waterline corresponding to temperature in degrees Fahrenheit at the summer freeboard assigned accord- which a liquid gives off a flammable ing to 46 CFR, subchapter E. vapor when heated in an open-cup tester. For the purpose of the regulations [CGD 74–127, 41 FR 3843, Jan. 26, 1976] in this subchapter, flashpoints deter- § 30.10–21 Flammable or inflammable— mined by other testing methods will be TB/ALL. equivalent to those determined with an open-cup tester, as follows: The words flammable and inflammable are interchangeable or synonymous TABLE 30.10–27—EQUIVALENT FLASHPOINTS terms for the purpose of the regula- [In degrees Farenheit] tions in this subchapter. Pensky- Tag closed- Martens § 30.10–22 Flammable liquid—TB/ALL. Open-cup tester cup tester closed test- (A.S.T.M.) er The term flammable liquid means any (A.S.T.M.) liquid which gives off flammable vapors (as determined by flashpoint from 80 ...... 75 ...... 150 ...... 140 an open-cup tester, as used for test of burning oils) at or below a temperature of 80 °F. Flammable liquids are referred § 30.10–29 Gas free—TB/ALL. to by grades as follows: The term gas free means free from (a) Grade A. Any flammable liquid dangerous concentrations of flammable having a Reid 1 vapor pressure of 14 or toxic gases. pounds or more. (b) Grade B. Any flammable liquid § 30.10–31 General rules and regulations—TB/ALL. having a Reid 1 vapor pressure under 14 pounds and over 81⁄2 pounds. The term general rules and regulations (c) Grade C. Any flammable liquid means the requirements contained in having a Reid 1 vapor pressure of 81⁄2 this chapter. pounds or less and a flashpoint of 80 °F. or below. § 30.10–33 Great Lakes—TB/L. Under this designation shall be in- [CGFR 65–50, 30 FR 16657, Dec. 30, 1965, as cluded all tank vessels navigating the amended by CGD 73–96, 42 FR 49023, Sept. 26, 1977; USCG-2000–7790, 65 FR 58458, Sept. 29, Great Lakes. 2000] § 30.10–35 Headquarters—TB/ALL. § 30.10–23 Flame arrester—TB/ALL. The term Headquarters means the Of- The term flame arrester means any de- fice of the Commandant, U.S. Coast vice or assembly of a cellular, tubular, Guard, Washington, DC 20593–0001. pressure, or other type used for pre- [CGFR 65–50, 30 FR 16657, Dec. 30, 1965, as venting the passage of flames into en- amended by CGFR 68–32, 33 FR 5712, Apr. 12, closed spaces. 1968; CGD 88–070, 53 FR 34533, Sept. 7, 1988] § 30.10–37 Keel laying date—TB/ALL. 1 American Society for Testing Materials Standard D 323 (incorporated by reference, The term keel laying date means the see § 30.01–3), Method of Test for Vapor Pres- date upon which progressive construc- sure of Petroleum Products (Reid Method). tion identifiable with a specific vessel

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begins, including construction of the Title 33, U.S. Code, and regulations first module or prefabricated section of issued under these statutes. the hull that is identifiable with that [CGFR 65–50, 30 FR 16657, Dec. 30, 1965, as vessel. amended by CGD 95–028, 62 FR 11597, Sept. 30, [CGD 74–127, 41 FR 3843, Jan. 26, 1976] 1997; USCG-1998–4442, 63 FR 52190, Sept. 30, 1998] § 30.10–38 Lightweight—TB/ALL. § 30.10–45 Ocean—TB/O. The term lightweight means the displacement of a vessel in metric tons Under this designation shall be included all tank vessels normally navi- without cargo, oil fuel, lubricating oil, gating the waters of any ocean or the ballast water, fresh water, feedwater in Gulf of Mexico more than 20 nautical tanks, consumable stores, and persons miles offshore. and their effects. [CGD 74–127, 41 FR 3843, Jan. 26, 1976] § 30.10–47 Officer in Charge, Marine Inspection—TB/ALL. § 30.10–39 Liquefied flammable gas— The term Officer in Charge, Marine In- TB/ALL. spection, means any person from the ci- The term liquefied flammable gas vilian or military branch of the Coast means any flammable gas having a Guard designated as such by the Com- Reid vapor pressure exceeding 40 mandant and who under the super- pounds, which has been liquefied. intendence and direction of the Coast Guard District Commander is in charge [CGFR 66–33, 31 FR 15267, Dec. 6, 1966] of an inspection zone for the perform- § 30.10–41 Lakes, bays, and sounds— ance of duties with respect to the en- TB/B. forcement and administration of Sub- title II, Title 46, U.S. Code, Title 46 and Under this designation shall be in- Title 33, U.S. Code, and regulations cluded all tank vessels navigating the issued under these statutes. waters of any of the lakes, bays, or sounds other than the waters of the [CGFR 65–50, 30 FR 16657, Dec. 30, 1965, as Great Lakes. amended by CGD 95–028, 62 FR 51197, Sept. 30, 1997] § 30.10–42 Machinery space—TB/ALL. § 30.10–48 Oil fuel—TB/ALL. The term machinery space means any space that contains machinery and re- The term oil fuel means oil used as fuel for machinery in the vessel in lated equipment including Category A which it is carried. machinery spaces, propelling machinery, boilers, oil fuel units, steam and [CGD 74–127, 41 FR 3843, Jan. 26, 1976] internal combustion engines, generators and centralized electrical machin- § 30.10–48a Oil fuel unit—TB/ALL. ery, oil filling stations, refrigeration, The term oil fuel unit means the stabilizing, ventilation, and air condi- equipment used for the preparation of tioning machinery, and similar spaces oil fuel for delivery to an oil fired boil- and trunks to such spaces. er, the equipment used for the preparation of heated oil fuel for delivery to an [CGD 74–127, 41 FR 3843, Jan. 26, 1976] internal combustion engine, and any § 30.10–43 Marine inspector or inspec- oil fuel pressure pump, filter, and heat- tor—TB/ALL. er that deals with oil at a pressure of more than 1.8 kilograms per square The terms marine inspector or inspec- centimeter (25 p.s.i.) gauge. tor mean any person from the civilian or military branch of the Coast Guard [CGD 74–127, 41 FR 3843, Jan. 26, 1976] assigned under the superintendence and direction of an Officer in Charge, § 30.10–49 Permit—TB/ALL. Marine Inspection, or any other person The term permit refers to endorse- as may be designated for the perform- ment on the certificate of inspection, ance of duties with respect to the en- authorizing the presence on board of forcement and administration of Sub- liquid flammable or combustible car- title II, Title 46, U.S. Code, Title 46 and goes in bulk, issued by an Officer in

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Charge, Marine Inspection, for a tank § 30.10–62 Self-propelled tank vessel— vessel which is found to be in substan- TB/ALL. tial compliance with the regulations in Self-propelled tank vessel means a self- this subchapter. propelled tank vessel other than a tankship. § 30.10–50 Pilot boarding equipment and point of access. [CGD 79–116, 62 FR 25135, May 8, 1997] (a) Pilot boarding equipment means a pilot ladder, accommodation ladder, § 30.10–62a Service spaces—TB/ALL. pilot hoist, or combination of them as Service spaces are spaces that are required by this subchapter. used for galleys, pantries containing (b) Point of access means the place on cooking appliances, lockers, store- deck of a vessel where a person steps rooms, paint and lamp rooms and simi- onto or off of pilot boarding equipment. lar spaces that contain highly combustible materials, laundries, garbage and [CGD 79–032, 49 FR 25455, June 21, 1984] trash disposal and stowage rooms, workshops other than those forming § 30.10–55 Pressure vacuum relief part of the machinery spaces, and simi- valve—TB/ALL. lar spaces and trunks to such spaces. The term pressure vacuum relief valve means any device or assembly of a me- [CGD 74–127, 41 FR 3843, Jan. 26, 1976] chanical, liquid, weight, or other type § 30.10–63 Spark arrester—TB/ALL. used for the automatic regulation of pressure or vacuum in enclosed places. The term spark arrester means any device, assembly, or method of a mechan- § 30.10–57 Recognized classification so- ical, centrifugal, cooling, or other type ciety—TB/ALL. and of a size suitable for the retention The term recognized classification soci- or quenching of sparks in exhaust pipes ety means the American Bureau of from internal combustion engines. Shipping or other classification society § 30.10–65 Tank barge—B/ALL. recognized by the Commandant. The term tank barge means a nonself- § 30.10–59 Reid vapor pressure—TB/ propelled tank vessel. ALL. [CGD 79–116, 62 FR 25135, May 8, 1997] The term Reid vapor pressure means the vapor pressure of a liquid at a tem- § 30.10–67 Tankship—T/ALL. ° perature of 100 F., expressed in pounds The term tankship means a self-proper square inch absolute, as determined pelled tank vessel constructed or by the Reid Method as described in the adapted primarily to carry oil or haz- American Society for Testing Mate- ardous material in bulk in the cargo rials Standard D 323 (incorporated by spaces. reference, see § 30.01–3), Method of Test for Vapor Pressure of Petroleum Prod- [CGD 79–116, 62 FR 25135, May 8, 1997] ucts. This Standard is available at Headquarters for reading purposes or it § 30.10–69 Tank vessel—TB/ALL. may be purchased from the Society at The term tank vessel means a vessel 100 Barr Harbor Drive, West that is constructed or adapted to carry, Conshohocken, PA 19428–2959. or that carries, oil or hazardous material in bulk as cargo or cargo residue, [CGFR 65–50, 30 FR 16657, Dec. 30, 1965, as and that— amended by USCG-2000–7790, 65 FR 58458, Sept. 29, 2000] (a) Is a vessel of the United States; (b) Operates on the navigable waters § 30.10–61 Rivers—TB/R. of the United States; or (c) Transfers oil or hazardous mate- Under this designation shall be in- rial in a port or place subject to the ju- cluded all tank vessels whose naviga- risdiction of the United States. tion is restricted to rivers and/or to canals, exclusively. [CGD 79–116, 62 FR 25135, May 8, 1997]

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§ 30.10–71 Tankerman—TB/ALL. mandant may permit the use of alter- The following ratings are established nate equipment, apparatus, or arrange- in part 13 of this chapter. The terms for ment to such an extent and upon such the ratings identify persons holding conditions as will insure, to his satis- valid endorsements for service in the faction, a degree of safety consistent ratings issued under that part: with the minimum standards set forth (a) Tankerman-PIC. in this subchapter. (b) Tankerman-PIC (Barge). [CGFR 65–50, 30 FR 16657, Dec. 30, 1965, as (c) Restricted Tankerman-PIC. amended by USCG-2004–18884, 69 FR 58345, (d) Restricted Tankerman-PIC Sept. 30, 2004; USCG–2004–18884, 69 FR 68089, (Barge). Nov. 23, 2004] (e) Tankerman-Assistant. (f) Tankerman-Engineer. Subpart 30.25—Commodities [CGD 79–116, 60 FR 17155, Apr. 4, 1995, as Regulated amended by USCG–2006–24371, 74 FR 11264, Mar. 16, 2009] § 30.25–1 Cargoes carried in vessels certificated under the rules of this Subpart 30.15—Equivalents subchapter. The cargoes listed in Table 30.25–1 are § 30.15–1 Conditions under which flammable or combustible and when equivalents may be used—TB/ALL. transported in bulk must be in vessels (a) Where in this subchapter it is pro- certificated under the rules of this sub- vided that a particular fitting, mate- chapter. A mixture or blend of two or rial, appliance, apparatus, or equip- more cargoes appearing in Table 30.25– ment, or type thereof, shall be fitted or 1 may be transported under the provi- carried in a vessel, or that any par- sions of this subchapter. A category A, ticular provision shall be made or ar- B, or C noxious liquid substance (NLS) rangement shall be adopted, the Com- cargo, as defined in § 153.2 of this chap- mandant may accept in substitution ter, that is listed in Table 30.25–1 and therefor any other fitting, material, any mixture containing one or more apparatus, or equipment, or type there- category A, B, or C NLS cargoes listed of, or any other arrangement: Provided, in Table 30.25–1 may be carried in bulk That he shall have been satisfied by under this subchapter if the vessel is suitable trials that the fitting, mate- not regulated under part 153 of this rial, appliance, apparatus, or equip- chapter. If the vessel is regulated under ment, or type thereof, or the provision § 153.1 of this chapter, category A, B, or arrangement is at least as effective and C NLS cargoes must be carried as that specified in this subchapter. under part 153, or, as an alternative in (b) In any case where it is shown to the case of category C oil-like NLS, the satisfaction of the Commandant under 33 CFR part 151. Requirements that the use of any particular equip- for category D NLS cargoes and mix- ment, apparatus, or arrangement not tures of non-NLS cargoes with cat- specifically required by law is unrea- egory D NLS cargoes are in 33 CFR sonable or impracticable, the Com- part 151.

TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES

IMO Annex II Cargo name Pollution Category

Acetone ...... III Acetophenone ...... @D Acrylonitrile-Styrene copolymer dispersion in Polyether polyol ...... D Alcohols (C13+) ...... III Alcoholic beverages, n.o.s...... III Alcohol(C6–C17)(secondary) poly(3-6)ethoxylates ...... A Alcohol(C6–C17)(secondary) poly(7-12)ethoxylates ...... B Alcohol(C9–C11) poly(2.5-9)ethoxylate ...... B Alcohol(C12–C15) poly( ... )ethoxylates, see Alcohol(C12–C16) poly( ... )ethoxylates ...... Alcohol(C12–C16) poly(1-6)ethoxylates ...... A Alcohol(C12–C16) poly(7-19)ethoxylates ...... B

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TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued

IMO Annex II Cargo name Pollution Category

Alcohol(C12–C16) poly(20+)ethoxylates ...... C Alkanes (C6–C9) ...... C n-Alkanes (C10+) ...... III iso- & cyclo-Alkanes (C10–C11) ...... D iso- & cyclo-Alkanes (C12+) ...... III Alkaryl polyether (C9–C20) ...... B Alkenyl(C11+) amine ...... D Alkenyl(C16–C20) succinic anhydride) ...... D Alkyl(C8+)amine, Alkenyl (C12+) acid ester mixture ...... D Alkyl(C9+)benzenes ...... III Alkylbenzenesulfonic acid (4% or less) ...... # Alkyl dithiothiadiazole (C6–C24) ...... D Alkyl ester copolymer (C4–C20) ...... D Alkyl(C7–C11) phenol poly(4-12)ethoxylates ...... B Alkyl phenol sulfide (C8–C40), see Alkyl(C8–C40) phenol sulfide ...... Alkyl(C8–C40) phenol sulfide ...... D Alkyl(C9–C15) phenyl propoxylate ...... III n-Alkyl phthalates, see individual phthalates ...... Alkyl sulfonic acid ester of phenol ...... III Aminoethyldiethanolamine, Aminoethylethanolamine solution ...... III Amyl acetate (all isomers) ...... C Amyl alcohol (iso-, n-, sec-, primary) ...... D Amyl alcohol (tert-) ...... III Amylene, see Pentene (all isomers) ...... C tert-Amyl methyl ether (Methyl tert-pentyl ether) ...... C Amyl methyl ketone, see Methyl amyl ketone ...... D Animal and Fish oils, n.o.s...... D (see also Oil, edible, or Oil, misc.) Including: Cod liver oil Lanolin Neatsfoot oil Pilchard oil Sperm oil Animal and Fish acid oils and distillates, n.o.s...... D Including: Animal acid oil Fish acid oil Lard acid oil Mixed acid oil Mixed general acid oil Mixed hard acid oil Mixed soft acid oil Aryl polyolefin (C11–C50) ...... D Asphalt ...... I Asphalt blending stocks: Roofers flux ...... I Straight run residue ...... I Barium long chain (C11–C50) alkaryl sulfonate ...... B Barium long chain alkyl(C8–C14)phenate sulfide ...... [A] Behenyl alcohol ...... III Benzene tricarboxylic acid trioctyl ester ...... III Benzyl alcohol ...... C Brake fluid base mixtures ...... D (containing Poly(2-8)alkylene(C2–C3) glycols, Polyalkylene(C2–C10) glycol monoalkyl(C1–C4) ethers, and their borate esters) Butane ...... LFG Butene, see Butylene. Butene oligomer ...... B Butyl acetate (all isomers) ...... C Butyl alcohol (iso-, n-, sec-, tert-), see Butyl alcohol (all isomers) ...... Butyl alcohol (all isomers) ...... III Butyl benzyl phthalate ...... A Butylene ...... LFG Butylene glycol ...... D 1,3-Butylene glycol, see Butylene glycol ...... Butylene polyglycol, see Butylene glycol ...... iso-Butyl formate ...... D n-Butyl formate ...... @D Butyl heptyl ketone ...... [C]

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TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued

IMO Annex II Cargo name Pollution Category

Butyl methyl ketone, see Methyl butyl ketone ...... n-Butyl propionate ...... C Butyl stearate ...... III Butyl toluene ...... @A gamma-Butyrolactone ...... D Calcium alkyl(C9)phenol sulfide, polyolefin phosphorosulfide mixture ...... A Calcium alkyl salicylate, see Calcium long chain alkyl salicylate (C13+) ...... Calcium long chain alkaryl sulfonate (C11–C50) ...... D Calcium long chain alkyl phenate (C8–C40), see Calcium long chain alkyl(C5–C10) phenate or Calcium long chain alkyl(C11–C40) phenate ...... Calcium long chain alkyl(C5–C10) phenate ...... C Calcium long chain alkyl(C11–C40) phenate ...... D Calcium long chain alkyl phenate sulfide (C8–C40) ...... D Calcium long chain alkyl phenolic amine (C8–C40) ...... III Calcium long chain alkyl salicylate (C13+) ...... C Caprolactam solutions ...... D Cetyl alcohol (hexadecanol), see Alcohols (C13+) ...... Cetyl-Stearyl alcohol), see Alcohols (C13+) ...... III † Coal tar ...... A Copper salt of long chain (C17+) alkanoic acid ...... [D] Cumene (isopropylbenzene), see Propylbenzene (all isomers) ...... Cyclohexane ...... C Cyclohexanol ...... D 1,3-Cyclopentadiene dimer (molten) ...... B p-Cymene ...... C Decahydronaphthalene ...... D iso-Decaldehyde ...... @C n-Decaldehyde ...... @B Decane, see n-Alkanes (C10+) ...... Decene ...... B Decyl acetate ...... B Decyl alcohol (all isomers) ...... B n-Decylbenzene, see Alkyl(C9+)benzenes ...... III Detergent alkylate ...... D Diacetone alcohol ...... D Dialkyl(C10–C14) benzenes, see Alkyl(C9+)benzenes ...... III Dialkyl(C8–C9) diphenylamines ...... D Dialkyl(C7–C13) phthalates D Including: Diisodecyl phthalate Diisononyl phthalate Dinonyl phthalate Ditridecyl phthalate Diundecyl phthalate Dibutyl carbinol, see Nonyl alcohol (all isomers) ...... ortho-Dibutyl phthalate ...... A Dicyclopentadiene, see 1,3-Cyclopentadiene dimer (molten) ...... B Diethylbenzene ...... A Diethylene glycol ...... D Diethylene glycol butyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ...... Diethylene glycol butyl ether acetate, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether acetate ...... Diethylene glycol dibutyl ether ...... D Diethylene glycol diethyl ether ...... III Diethylene glycol ethyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ...... Diethylene glycol ethyl ether acetate, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether acetate ...... Diethylene glycol n-hexyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ...... Diethylene glycol methyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ...... Diethylene glycol methyl ether acetate, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether acetate ...... Diethylene glycol phenyl ether ...... # Diethylene glycol phthalate ...... D Diethylene glycol propyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ...... Di-(2-ethylhexyl)adipate ...... D Di-(2-ethylhexyl)phthalate, see Dioctyl phthalates ...... Diethyl phthalate ...... C Diglycidyl ether of Bisphenol A ...... B Diheptyl phthalate ...... III Dihexyl phthalate ...... III Diisobutylcarbinol, see Nonyl alcohol (all isomers) ...... C Diisobutylene ...... B Diisobutyl ketone ...... D

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TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued

IMO Annex II Cargo name Pollution Category

Diisobutyl phthalate ...... B Diisodecyl phthalate, see Dialkyl(C7–C13) phthalates ...... Diisononyl adipate ...... D Diisononyl phthalate, see Dialkyl(C7–C13) phthalates ...... Diisooctyl phthalate ...... III Diisopropylbenzene (all isomers) ...... A Diisopropyl naphthalene ...... D Dimethyl adipate ...... B Dimethylbenzene, see Xylenes ...... Dimethyl glutarate ...... C Dimethyl phthalate ...... C Dimethylpolysiloxane, see Polydimethylsiloxane ...... III 2,2-Dimethylpropane-1,3-diol (molten or solution) ...... D Dimethyl succinate ...... C Dinonyl phthalate, see Dialkyl(C7–C13) phthalates ...... Dioctyl phthalate ...... III Dipentene ...... C Diphenyl ...... A Diphenyl, Diphenyl ether mixture ...... A Diphenyl ether ...... A Diphenyl ether, Biphenyl phenyl ether mixture ...... A Dipropylene glycol ...... III Dipropylene glycol butyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ...... Dipropylene glycol dibenzoate ...... [D] Dipropylene glycol methyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ...... Distillates: Flashed feed stocks ...... I Straight run ...... I Ditridecyl adipate ...... III Ditridecyl phthalate, see Dialkyl(C7–C13) phthalates ...... Diundecyl phthalate, see Dialkyl(C7–C13) phthalates ...... Dodecane (all isomers), see also n-Alkanes (C10+) ...... III Dodecanol ...... B Dodecene (all isomers) ...... B Dodecyl alcohol, see Dodecanol ...... Dodecylbenzene, see Alkyl(C9+)benzenes ...... III Dodecyl hydroxypropyl sulfide ...... A Dodecyl phenol ...... A Dodecyl xylene ...... III Drilling mud (low toxicity) (if flammable or combustible) ...... [III] Ethane ...... LFG 2-Ethoxyethyl acetate ...... C Ethoxylated alkyloxy alkyl amine, see Ethoxylated long chain (C16+) alkyloxyalkanamine ...... Ethoxylated long chain (C16+) alkyloxyalkanamine ...... D Ethoxy triglycol (crude) ...... D Ethyl acetate ...... D Ethyl acetoacetate ...... D Ethyl alcohol ...... III Ethyl amyl ketone ...... C Ethylbenzene ...... B Ethyl butanol ...... @D Ethyl tert-butyl ether ...... C Ethyl butyrate ...... C Ethyl cyclohexane ...... C Ethylene ...... LFG Ethylene carbonate ...... III Ethylene glycol ...... D Ethylene glycol acetate ...... D Ethylene glycol butyl ether acetate ...... C Ethylene glycol diacetate ...... C Ethylene glycol dibutyl ether ...... [D] Ethylene glycol ethyl ether acetate, see 2-Ethoxyethyl acetate ...... Ethylene glycol methyl butyl ether ...... D Ethylene glycol methyl ether acetate ...... C Ethylene glycol phenyl ether ...... D Ethylene glycol phenyl ether, Diethylene glycol phenyl ether mixture ...... D Ethylene-Propylene copolymer (in liquid mixtures) ...... [III] Ethyl-3-ethoxypropionate ...... C 2-Ethylhexaldehyde, see Octyl aldehydes ...... 2-Ethylhexanoic acid, see Octanoic acid (all isomers) ......

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TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued

IMO Annex II Cargo name Pollution Category

2-Ethylhexanol, see Octanol (all isomers) ...... Ethylhexoic acid, see 2-Ethylhexanoic acid ...... Ethyl hexyl phthalate ...... C 2-Ethyl-2-(hydroxymethyl) propane-1,3-diol, C8–C10 ester ...... D Ethyl propionate ...... D Ethyl toluene ...... B Fatty acid (saturated, C13+), see Fatty acid (saturated, C14+) ...... Fatty acid (saturated, C14+) ...... III Formamide ...... D Furfuryl alcohol ...... C † Gas oil, cracked ...... I Gasoline blending stocks: Alkylates ...... I † Reformates ...... I Gasolines: † Automotive (containing not over 4.23 grams lead per gallon) ...... I † Aviation (containing not over 4.86 grams lead per gallon) ...... I Casinghead (natural) ...... I Polymer ...... I † Straight run ...... I Glycerine ...... III Glycerine (83%), Dioxanedimethanol (17%) mixture ...... D Glycerol, see Glycerine ...... Glycerol monooleate ...... D Glycerol polyalkoxylate ...... III Glyceryl triacetate ...... III Glycidyl ester of tertiary carboxylic acid, see Glycidyl ester of tridecyl acetic acid ...... Glycidyl ester of C10 trialkylacetic acid, see Glycidyl ester of tridecyl acetic acid ...... B Glycidyl ester of tridecyl acetic acid ...... B Glycidyl ester of versatic acid, see Glycidyl ester of tridecyl acetic acid ...... Glycol diacetate, see Ethylene glycol diacetate ...... Glycol triacetate, see Glyceryl triacetate ...... Glyoxal solution (40% or less) ...... D Glyphosate solution (not containing surfactant) ...... D Heptadecane, see n-Alkanes (C10+) ...... Heptane (all isomers), see Alkanes (C6–C9) ...... C Heptanoic acid ...... D Heptanol (all isomers) ...... C Heptene (all isomers) ...... C Heptyl acetate ...... B Herbicide (C15 -H22 -NO2 -Cl), see Metolachlor ...... 1-Hexadecylnaphthalene, 1,4-bis(Hexadecyl)naphthalene mixture ...... III Hexaethylene glycol, see Polyethylene glycol ...... Hexamethylene glycol ...... III Hexamethylenetetramine solutions ...... D Hexane (all isomers), see Alkanes (C6–C9) ...... C Hexanoic acid ...... D Hexanol ...... D Hexene (all isomers) ...... C Hexyl acetate ...... B Hexylene glycol ...... III Hog grease, see Lard ...... 2-Hydroxy-4-(methylthio)butanoic acid ...... C Hydroxy terminated polybutadiene, see Polybutadiene, hydroxy terminated ...... Isophorone ...... D Jet fuels: † JP-4 ...... I JP-5 (kerosene, heavy) ...... I JP-8 ...... @I Kerosene ...... I Lactic acid ...... D Lard ...... III Latex (ammonia (1% or less) inhibited) ...... D Latex, liquid synthetic ...... III including: Styrene-butadiene rubber ...... III Carboxylated styrene-butadiene copolymer ...... III Lecithin ...... III Long chain alkaryl polyether (C11–C20) ...... C Long chain alkaryl sulfonic acid (C16–C60) ...... D

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TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued

IMO Annex II Cargo name Pollution Category

Long chain alkylphenate/Phenol sulfide mixture ...... III Magnesium long chain alkaryl sulfonate (C11–C50) ...... D Magnesium long chain alkyl phenate sulfide (C8–C20) ...... [D] Magnesium long chain alkyl salicylate (C11+) ...... C Magnesium nonyl phenol sulfide, see Magnesium long chain alkyl phenate sulfide (C8–C20) ...... Magnesium sulfonate, see Magnesium long chain alkaryl sulfonate (C11–C50) ...... 2-Mercaptobenzothiazol (in liquid mixtures) ...... # Methane ...... LFG 3-Methoxy-1-butanol ...... III 3-Methoxybutyl acetate ...... D 1-Methoxy-2-propyl acetate ...... # Methoxy triglycol (triethylene glycol methyl ether), see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ...... Methyl acetate ...... III Methyl acetoacetate ...... D Methyl alcohol ...... D Methyl amyl acetate ...... C Methyl amyl alcohol ...... C Methyl amyl ketone ...... D Methyl butanol, see the amyl alcohols ...... Methyl butenol ...... D Methyl tert-butyl ether ...... D Methyl butyl ketone ...... D Methyl butyrate ...... C Methyl ethyl ketone ...... III N-Methylglucamine solution (70% or less) ...... III Methyl heptyl ketone ...... B Methyl isobutyl carbinol, see Methyl amyl alcohol ...... Methyl isobutyl ketone ...... D 3-Methyl-3-methoxybutanol ...... III 3-Methyl-3-methoxybutyl acetate ...... III Methyl naphthalene ...... A Methyl pentene, see Hexene (all isomers) ...... Methyl tert-pentyl ether (IMO cargo name) tert-Amyl methyl ether ...... 2-Methyl-1,3-propanediol ...... III Methyl propyl ketone ...... D N-Methyl-2-pyrrolidone ...... D Metolachlor ...... B Mineral spirits ...... I Myrcene ...... D Naphtha: † Aromatic (having less than 10% Benzene) ...... @I Heavy ...... @I Paraffinic ...... @I † Petroleum ...... I † Solvent ...... I Stoddard Solvent ...... @I † Varnish makers’ and painters’ (75%) ...... @I Naphthalene sulfonic acid-formaldehyde copolymer, sodium salt solution ...... D Naphthenic acid ...... A Nonane (all isomers), see Alkanes (C6–C9) ...... C Nonanoic acid (all isomers) ...... D Nonanoic, Tridecanoic acid mixture ...... @D Nonene (all isomers) ...... B Nonyl acetate ...... C Nonyl alcohol (all isomers) ...... C Nonyl methacrylate monomer ...... D Nonyl phenol ...... A Nonyl phenol poly(4+)ethoxylates ...... B Nonyl phenol sulfide (90% or less), see Alkyl phenol sulfide (C8–C40) ...... Noxious liquid, N.F., (1) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 1, Cat A (if combustible) ...... A Noxious liquid, F., (2) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 1, Cat A ...... A Noxious liquid, N.F., (3) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 2, Cat A (if combustible) ...... A Noxious liquid, F., (4) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 2, Cat A ...... A Noxious liquid, N.F., (5) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 2, Cat B (if combustible) ...... B Noxious liquid, N.F., (6) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 2, Cat B, mp. equal to or greater than 15 deg. C (if combustible) ...... B Noxious liquid, F., (7) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 2, Cat B ...... B Noxious liquid, F., (8) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 2, Cat B, mp. equal to or greater than 15 deg. C ...... B Noxious liquid, N.F., (9) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 3, Cat A (if combustible) ...... A

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TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued

IMO Annex II Cargo name Pollution Category

Noxious liquid, F., (10) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 3, Cat A ...... A Noxious liquid, N.F., (11) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 3, Cat B (if combustible) ...... B Noxious liquid, N.F., (12) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 3, Cat B, mp. equal to or greater than 15 deg. C (if combustible) ...... B Noxious liquid, F., (13) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 3, Cat B ...... B Noxious liquid, F., (14) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 3, Cat B, mp. equal to or greater than 15 deg. C ...... B Noxious liquid, N.F., (15) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 3, Cat C (if combustible) ...... C Noxious liquid, F., (16) n.o.s. (‘‘trade name’’ contains ‘‘principle components’’) ST 3, Cat C ...... C Noxious liquid, n.o.s. (17) (‘‘trade name,’’ contains ‘‘principal components’’), Category D (if flammable or combustible) ...... D Non-noxious liquid, n.o.s. (18) (‘‘trade name,’’ contains ‘‘principal components’’), Appendix III (if flammable or combustible) ...... III Octadecene, see the olefin or alpha-olefin entries ...... Octadecenoamide solution (oleamide) ...... [D] Octane (all isomers), see Alkanes (C6–C9) ...... C Octanoic acid (all isomers) ...... D Octanol (all isomers) ...... C Octene (all isomers) ...... B Octyl acetate ...... C Octyl alcohol (iso-, n-), see Octanol (all isomers) ...... Octyl aldehydes ...... B Octyl decyl adipate ...... III Octyl phthalate (Di-(2-ethylhexyl)phthalate), see Dioctyl phthalates ...... Oil, edible: Beechnut ...... D Castor ...... D Cocoa butter ...... D Coconut ...... D Cod liver ...... D Corn ...... D Cottonseed ...... D Fish, n.o.s...... D Groundnut ...... D Hazelnut ...... D Lard ...... @III Maize, see Corn oil ...... D Nutmeg butter ...... D Olive ...... D Palm ...... D Palm kernel ...... D Peanut ...... D Poppy ...... D Raisin seed ...... D Rapeseed ...... D Rice bran ...... D Safflower ...... D Salad ...... D Sesame ...... D Soya bean ...... D Sunflower, see Sunflower seed ...... D Sunflower seed ...... D Tucum ...... D Vegetable, n.o.s...... D Walnut ...... D Oil, fuel: No. 1 (kerosene) ...... I No. 1-D ...... I No. 2 ...... I No. 2-D ...... I No. 4 ...... I No. 5 ...... I No. 6 ...... I Oil, misc: Aliphatic ...... @I Animal, n.o.s...... D Aromatic ...... I Clarified ...... I Coal ...... # Coconut oil, fatty acid ...... C

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TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued

IMO Annex II Cargo name Pollution Category

Coconut oil, fatty acid methyl ester ...... D Cottonseed, fatty acid, see Cottonseed oil, fatty acid ...... † Crude ...... I Diesel ...... I Gas, high pour ...... @I Gas, low pour ...... @I Gas, low sulfur ...... @I Heartcut distillate ...... I Lanolin ...... D Linseed ...... D Lubricating ...... I Mineral ...... I Mineral seal ...... @I Motor ...... I Neatsfoot ...... D Oiticica ...... D Palm oil, fatty acid methyl ester ...... D Penetrating ...... I Perilla ...... D Pilchard ...... D Pine ...... C Residual ...... I Road ...... I Rosin ...... B Seal ...... I Soapstock ...... # Soya bean (epoxidized) ...... [D] Sperm ...... D Spindle ...... I Tall ...... B Tall, fatty acid ...... C Transformer ...... I Tung ...... D Turbine ...... I Whale ...... D alpha-Olefins (C6–C18) ...... B alpha-Olefins (C13–C18) ...... III Olefin mixtures (C5–C7) ...... C Olefin mixtures (C5–C15) ...... B Olefins (C13+, all isomers) ...... III Olefin/Alkyl ester copolymer (molecular weight 2000+) ...... D Oleic acid ...... D Oleyl alcohol (octadecenol), see Alcohols (C13+) ...... Palm kernel acid oil, methyl ester ...... [D] Palm stearin ...... D n-Paraffins (C10–C20), see n-Alkanes (C10+) ...... Pentadecanol, see Alcohols (C13+) ...... Pentaethylene glycol, see Polyethylene glycols ...... Pentaethylenehexamine ...... D Pentane (all isomers) ...... C Pentanoic acid ...... D Pentene (all isomers) ...... C n-Pentyl propionate ...... C Petrolatum ...... III 1-Phenyl-1-xylyl ethane ...... C Phosphate esters, alkyl(C12–C14) amine ...... B Phosphosulfurized bicyclic terpene ...... # Pinene, see the alpha- or beta- isomers ...... alpha-Pinene ...... A beta-Pinene ...... B Polyalkylene glycols, Polyalkylene glycol monoalkyl ethers mixtures ...... @D Polyalkylene glycol butyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ...... Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ...... D Including: Diethylene glycol butyl ether Diethylene glycol ethyl ether Diethylene glycol n-hexyl ether Diethylene glycol methyl ether Diethylene glycol n-propyl ether Dipropylene glycol butyl ether

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TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued

IMO Annex II Cargo name Pollution Category

Dipropylene glycol methyl ether Polypropylene glycol methyl ether Triethylene glycol butyl ether Triethylene glycol ethyl ether Triethylene glycol methyl ether Tripropylene glycol methyl ether Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether acetate ...... D Including: Diethylene glycol butyl ether acetate Diethylene glycol ethyl ether acetate Diethylene glycol methyl ether acetate Polyalkylene oxide polyol ...... C Polycarboxylic ester (C9+), see Ditridecyl adipate. Polyalkyl(C10–C20) methacrylate ...... D Polybutadiene, hydroxy terminated ...... [III] Polybutene ...... III Polybutenyl succinimide ...... D Polydimethylsiloxane ...... # Polyether (molecular weight 2000+) ...... D Polyethylene glycol ...... III Polyethylene glycol dimethyl ether ...... III Polyethylene glycol monoalkyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ...... Polyglycerine, Sodium salts solution (containing less than 3% Sodium hydroxide) ...... III Polyglycerol ...... III Polyisobutenyl anhydride adduct ...... III Poly(4+)isobutylene ...... III Polymerized esters ...... # Polyolefin (molecular weight 300+) ...... III Polyolefin amide alkeneamine (C17+) ...... D Polyolefin amide alkeneamine (C28+) ...... D Polyolefin amide alkeneamine borate (C28–C250) ...... D Polyolefin amide alkeneamine/Molybdenum oxysulfide mixture ...... C Polyolefin amide alkeneamine polyol ...... D Polyolefin anhydride ...... D Polyolefin ester (C28–C250) ...... D Polyolefin phenolic amine (C28–C250) ...... D Polyolefin phosphorosulfide, barium derivative (C28–C250) ...... C Poly(20)oxyethylene sorbitan monooleate ...... III Poly(5+)propylene ...... III Polypropylene glycol ...... D Polypropylene glycol methyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ...... Polysiloxane ...... III Potassium oleate ...... C Potassium salt of polyolefin acid ...... III Propane ...... LFG n-Propoxypropanol (propylene glycol propyl ether), see Propylene glycol monoalkyl ether ...... iso-Propyl acetate ...... III n-Propyl acetate ...... D iso-Propyl alcohol ...... III n-Propyl alcohol ...... III iso-Propylbenzene (cumene), see Propylbenzene (all isomers) ...... n-Propylbenzene, see Propylbenzene (all isomers) ...... Propylbenzene (all isomers) ...... A iso-Propylcyclohexane ...... C Propylene ...... LFG Propylene-butylene copolymer ...... III Propylene carbonate ...... III Propylene dimer ...... C Propylene glycol ...... III Propylene glycol n-butyl ether, see Propylene glycol monoalkyl ether ...... Propylene glycol ethyl ether, see Propylene glycol monoalkyl ether ...... Propylene glycol methyl ether, see Propylene glycol monoalkyl ether ...... Propylene glycol methyl ether acetate ...... D Propylene glycol monoalkyl ether ...... D Including: n-Propoxypropanol Propylene glycol n-butyl ether Propylene glycol ethyl ether Propylene glycol methyl ether Propylene glycol propyl ether

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TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued

IMO Annex II Cargo name Pollution Category

Propylene glycol phenyl ether ...... D Propylene glycol propyl ether, see Propylene glycol monoalkyl ether ...... Propylene polymer (in liquid mixtures) ...... # Propylene tetramer ...... B Propylene trimer ...... B Pseudocumene, see Trimethylbenzenes ...... Rum, see Alcoholic beverages, n.o.s...... Sodium acetate, Glycol, Water mixture (containing 1% or less, Sodium hydroxide) (if flammable or combustible) ... # Sodium acetate solution ...... D Sodium benzoate solution ...... D Sodium long chain alkyl salicylate (C13+) ...... [C] Soyabean oil (epoxidized) ...... [D] Stearic acid, see Fatty acid (saturated, C14+) ...... Stearyl alcohol (octadecanol) ...... III Sulfohydrocarbon (C3–C88) ...... D Sulfohydrocarbon, long chain (C18+) alkylamine ...... B Sulfolane ...... D Sulfurized fat (C14–C20) ...... D Sulfurized polyolefinamide alkene(C28–C250)amine ...... D Tallow ...... D Tallow alcohol, see Alcohols (C13+) ...... Tallow fatty acid ...... D Tallow alkyl nitrile ...... # Tetradecanol, see Alcohols (C13+) ...... Tetradecene, see the olefin or alpha-olefin entries ...... Tetradecylbenzene, see Alkyl(C9+)benzenes ...... III Tetraethylene glycol ...... III Tetrahydronaphthalene ...... C Tetrapropylbenzene, see Alkyl(C9+)benzenes ...... Toluene ...... C Triarylphosphate, see Triisopropylated phenyl phosphates ...... Tributyl phosphate ...... B Tricresyl phosphate (less than 1% of the ortho isomer) ...... A Tridecane, see n-Alkanes (C10+) ...... Tridecanoic acid ...... B Tridecanol, see Alcohols (C13+) ...... Tridecene, see Olefins (C13+) ...... Tridecyl acetate ...... III Tridecylbenzene, see Alkyl(C9+)benzenes ...... III Triethylbenzene ...... A Triethylene glycol ...... III Triethylene glycol butyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ...... Triethylene glycol butyl ether mixture ...... # Triethylene glycol di-(2-ethylbutyrate) ...... [C] Triethylene glycol ether mixture ...... # Triethylene glycol ethyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ...... Triethylene glycol methyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ...... Triethyl phosphate ...... D Triisooctyl trimellitate ...... # Triisopropanolamine ...... III Triisopropylated phenyl phosphates ...... A Trimethylbenzene (all isomers) ...... A Trimethylol propane polyethoxylate ...... D 2,2,4-Trimethyl-1,3-pentanediol diisobutyrate ...... III 2,2,4-Trimethyl-3-pentanol-1-isobutyrate ...... # Tripropylene, see Propylene trimer ...... Tripropylene glycol ...... III Tripropylene glycol methyl ether, see Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether ...... Trixylenyl phosphate ...... A Trixylyl phosphate, see Trixylenyl phosphate ...... A Turpentine ...... B †Turpentine substitute, see White spirit (low (15–20%) aromatic) ...... Undecanol, see 1- Undecyl alcohol ...... Undecene ...... B 1- Undecyl alcohol ...... B Undecylbenzene, see Alkyl(C9+)benzenes ...... III Vegetable oils, n.o.s. (see also Oil, edible) ...... D

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TABLE 30.25–1—LIST OF FLAMMABLE AND COMBUSTIBLE BULK LIQUID CARGOES—Continued

IMO Annex II Cargo name Pollution Category

Including: Beechnut oil Castor oil Cocoa butter Coconut oil Corn oil Cottonseed oil Groundnut oil Hazelnut oil Linseed oil Nutmeg butter Oiticica oil Olive oil Palm kernel oil Palm oil Peel oil (oranges and lemons) Perilla oil Poppy oil Raisin seed oil Rapeseed oil Rice bran oil Safflower oil Salad oil Sesame oil Soya bean oil Sunflower seed oil Tucum oil Tung oil Walnut oil Vegetable acid oils and distillates, n.o.s...... D Including: Corn acid oil Cottonseed acid oil Dark mixed acid oil Groundnut acid oil Mixed acid oil Mixed general acid oil Mixed hard acid oil Mixed soft acid oil Rapeseed acid oil Safflower acid oil Soya acid oil Sunflower seed acid oil Waxes: D Candelilla ...... @D Carnauba ...... @D Paraffin ...... III †White spirit, see White spirit (low (15–20%) aromatic) ...... †White spirit (low (15–20%) aromatic) ...... B Wine, see Alcoholic beverages, n.o.s...... Xylenes (ortho-, meta-, para-) ...... C Zinc alkaryl dithiophosphate (C7–C16) ...... C Zinc alkenyl carboxamide ...... D Zinc alkyl dithiophosphate (C3–C14) ...... B

NOTE: See table 2 of part 153 for additional cargoes permitted to be carried by tank barge. Explanation of Symbols: As used in this table the following stands for: A, B, C, D—NLS Category of Annex II of MARPOL 73/78. I—Considered an ‘‘oil’’ under Annex I of MARPOL 73/78. III—Appendix III of Annex II (non-NLS cargoes) of MARPOL 73/78. LFG—Liquefied flammable gas. #—No determination of NLS status. For shipping on an oceangoing vessel, see 46 CFR 153.900(c). [ ]—A NLS category in brackets indicates that the product is provisionally categorized and that further data are necessary to complete the evaluation of its pollution hazards. Until the hazard evaluation is completed, the pollution category assigned is used. @—The NLS category has been assigned by the U.S. Coast Guard, in absence of one assigned by the IMO. The category is based upon a GESAMP Hazard Profile or by analogy to a closely related product having an NLS assigned. †—The provisions contained in 46 CFR part 197, subpart C, may apply to this cargo. Abbreviations for Noxious liquid Cargoes: N.F.—non-flammable (flash point greater than 60 degrees C (140 degrees F) cc). F.—flammable (flash point less than or equal to 60 degrees C (140 degrees F) cc). n.o.s.—not otherwise specified.

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ST—Ship type. Cat—Pollution category. Words in italic are not part of the cargo name but may be used in addition to the cargo name. When one entry references another entry by use of the word ‘‘see’’, and both names are in roman type, either name may be used as the cargo name (e.g., Diethyl ether, see Ethyl ether). However, the referenced entry is preferred.

[CGD 00–7079, 65 FR 67157, Nov. 8, 2000] (b) A copy of each type of license and certificate issued by the country to § 30.25–3 Benzene. tank vessel personnel. The provisions contained in 46 CFR part 197, subpart C, apply to liquid car- § 30.30–5 Submission of evaluation materials. goes containing 0.5% or more benzene by volume. (a) The evaluation materials listed in § 30.30–3 should be sent to Commandant [CGD 88–040, 56 FR 65006, Dec. 13, 1991] (CG–543), 2100 2nd St. SW., Stop 7581, Washington, DC 20593–7581. The mate- Subpart 30.30—Interim Procedures rials should include the name and ad- for Evaluating Vessel Per- dress of the person to whom cor- sonnel Licensing and Certifi- respondence concerning the evaluation cation Programs of Foreign can be sent. (b) Updated materials may be sub- Countries mitted at any time during the evaluation process. SOURCE: CGD 79–081a, 45 FR 23427, Apr. 7, 1980, unless otherwise noted. [CGD 79–081a, 45 FR 23427, Apr. 7, 1980, as amended by CGD 95–072, 60 FR 50461, Sept. 29, 1995; CGD 96–041, 61 FR 50726, Sept. 27, 1996; § 30.30–1 Scope and purpose. USCG–2009–0702, 74 FR 49226, Sept. 25, 2009] (a) This subpart contains procedures for evaluating vessel personnel licens- § 30.30–7 Availability of materials. ing and certification programs of for- Evaluation materials submitted in eign countries. Evaluations are done accordance with this subpart will be for countries which license or certifi- available for inspection and copying cate personnel serving on tank vessels between 7:30 a.m. and 4:30 p.m., Monday that enter or operate in U.S. navigable through Thursday, except holidays, at waters and ports. Coast Guard Headquarters, room 1104, (b) The purpose of each evaluation is 2100 Second Street, SW., Washington, to determine whether a foreign licens- DC 20593. Telephone: (202) 372–1251. ing and certification program has [CGD 79–081a, 45 FR 23427, Apr. 7, 1980, as standards that are comparable to or amended by CGD 95–072, 60 FR 50461, Sept. 29, more stringent than U.S. standards. 1995; USCG–2006–25697, 71 FR 55745, Sept. 25, (c) A determination that licensing 2006] and certification standards of a foreign country are not comparable to or more § 30.30–9 Evaluation. stringent than U.S. standards will sub- Materials submitted in accordance ject tank vessels manned with officers with this subpart will be evaluated by licensed by that country to the prohi- comparison to the regulations in parts bition in 33 U.S.C. 1228(a)(5) on oper- 5, 10, and 13 of this chapter, and by ation with those officers in U.S. navi- comparison to the U.S. laws referenced gable waters and ports. in those regulations.

§ 30.30–3 Evaluation materials. [CGD79–081a, 45 FR 23427, Apr. 7, 1980, as amended by CGD 97–057, 62 FR 51043, Sept. 30, The materials to be submitted for 1997] evaluation must include the English text of the following: § 30.30–11 Determinations. (a) All laws, decrees, orders, and reg- (a) After evaluation of materials sub- ulations relating to manning, training, mitted in accordance with this subpart, qualification, and watchkeeping of per- a determination will be made as to sonnel on tank vessels engaged in for- whether the licensing and certification eign trade. program described by the materials has

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standards that are comparable to or 31.10–15 Inspection for certification—TB/ more stringent than standards set by ALL. the regulations and laws referenced in 31.10–16 Inspection and certification of § 30.30–9. cargo gear—TB/ALL. 31.10–17 Annual and periodic inspections— (b) Notice of each determination TB/ALL. made in accordance with this section 31.10–17a Certificate of inspection: Condi- and a brief explanation of reasons tions of validity. therefor will be published in the FED- 31.10–18 Firefighting equipment: General— ERAL REGISTER. A copy of this notice TB/ALL. will also be sent to the person whose 31.10–18a Liquefied gas vessels: additional name is provided in accordance with firefighting equipment inspections. § 30.30–5. 31.10–19 All firefighting equipment may be (c) Each determination remains in ef- tested—TB/ALL. fect for 5 years unless sooner cancelled. 31.10–20 Definitions relating to hull examinations—T/B ALL. (d) Any request to reconsider a deter- 31.10–21 Drydock examination, internal mination must be submitted to the ad- structural examination, cargo tank in- dress listed in § 30.30–5 and must internal examination, and underwater sur- clude a statement of reasons in sup- vey intervals—TB/ALL. port. The person submitting the re- 31.01–21a Periodic gauging of tank vessel quest will be notified in writing of the midbodies more than 30 years old that action taken. carry certain oil cargoes—TB/ALL. 31.10–22 Notice and plans required. [CGD 79–081a, 45 FR 23427, Apr. 7, 1980, as 31.10–24 Integral fuel oil tank examina- amended by USCG-2004–18884, 69 FR 58345, tions—T/ALL. Sept. 30, 2004; USCG–2004–18884, 69 FR 68089, 31.10–25 Inspection covering repairs and al- Nov. 23, 2004] terations involving safety—TB/ALL. 31.10–30 Stability requirements—TB/ALL. PART 31—INSPECTION AND 31.10–32 Loading information—TB/ALL. CERTIFICATION 31.10–35 Permit to proceed to another port for repair—TB/ALL. 31.10–40 Inspection during trial trip—T/ Subpart 31.01—General ALL. Sec. 31.10–45 Inspection of crew accommoda- 31.01–1 Inspections required—TB/ALL. tions—TB/ALL. 31.01–3 Alternate compliance. 31.10–50 Inspection of bilges—TB/ALL. 31.01–5 Scope of initial inspection—TB/ALL. 31.01–10 Authority of marine inspectors— Subpart 31.15—Manning of Tank Vessels TB/ALL. 31.15–1 Officers and crews—TB/ALL. 31.01–15 Application for a Certificate of in- 31.15–5 Tank barges—B/ALL. spection—TB/ALL. 31.15–10 Towing vessels may carry persons 31.01–20 Application for inspection of a new in addition to crew—B/LBR. tank vessel or conversion of a vessel to a tank vessel—TB/ALL. Subpart 31.20—Waters Operated Over Subpart 31.05—Certificates of Inspection 31.20–1 Waters—TB/ALL.

31.05–1 Issuance of certificate of inspec- Subpart 31.25—Load Lines tion—TB/ALL. 31.05–5 Posting the certificate of inspec- 31.25–1 Load lines required—TB/OCL. tion—TB/ALL. 31.05–10 Period of validity for a Certificate Subpart 31.30—Marine Engineering of Inspection—TB/ALL. 31.05–15 Certificate of inspection; terms; en- 31.30–1 Marine engineering regulations and dorsements—TB/ALL. material specifications—TB/ALL.

Subpart 31.10—Inspections Subpart 31.35—Electrical Engineering 31.10–1 Recognized classification society— 31.35–1 Electrical installations, lighting and TB/ALL. power equipment, batteries, etc.—TB/ 31.10–5 Inspection of new tank vessels—TB/ ALL. ALL. 31.35–5 Communications; alarm systems, 31.10–10 Vessels converted to tank vessels— telephone and voice tube systems, engine TB/ALL. telegraph systems, etc.—TB/ALL.

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Subpart 31.36—Lifesaving Appliances and in bulk, see part 98 and subchapter O of Arrangements this chapter. 31.36–1 Lifesaving appliances and arrange- [CGFR 65–50, 30 FR 16662, Dec. 30, 1965, as ments—TB/ALL. amended by CGFR 70–10, 35 FR 3709, Feb. 25, 1970; CGD 80–009, 48 FR 36458, Aug. 11, 1983; Subpart 31.40—Certificates Under Inter- CGD 79–023, 48 FR 51006, Nov. 4, 1983; CGD 84– national Convention for Safety of Life 069, 61 FR 25286, May 20, 1996; CGD 97–057, 62 at Sea, 1974 FR 51043, Sept. 30, 1997; USCG-1999–4976, 65 FR 6499, Feb. 9, 2000] 31.40–1 Application—T/ALL. 31.40–5 Cargo Ship Safety Construction Cer- § 31.01–3 Alternate compliance. tificate—T/ALL. (a) In place of compliance with other 31.40–10 Cargo Ship Safety Equipment Cer- applicable provisions of this sub- tificate—T/ALL. chapter, the owner or operator of a ves- 31.40–15 Cargo Ship Safety Radio Certifi- cate—T/ALL. sel subject to plan review and inspec- 31.40–25 Exemption Certificate—T/ALL. tion under this subchapter for initial 31.40–30 Safety Management Certificate—T/ issuance or renewal of a Certificate of ALL. Inspection may comply with the Alter- 31.40–35 Availability of certificates. nate Compliance Program provisions of 31.40–40 Duration of Convention certifi- part 8 of this chapter. cates—T/ALL. (b) For the purposes of this section, a 31.40–45 American Bureau of Shipping—T/ list of authorized classification soci- ALL. eties, including information for order- AUTHORITY: 33 U.S.C. 1321(j); 46 U.S.C. 2103, ing copies of approved classification so- 3205, 3306, 3307, 3703; 46 U.S.C. Chapter 701; 49 ciety rules and supplements, is avail- U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 able from Commandant (CG–521), 2100 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 2nd St. SW., Stop 7126, Washington, DC 54757, 3 CFR, 1991 Comp., p. 351; Department 20593–7126; telephone (202) 372–1372; or of Homeland Security Delegation No. 0170.1. Section 31.10–21 also issued under the author- fax (202) 372–1925. Approved classifica- ity of Sect. 4109, Pub. L. 101–380, 104 Stat. 515. tion society rules and supplements are incorporated by reference into 46 CFR SOURCE: CGFR 65–50, 30 FR 16662, Dec. 30, 8.110(b). 1965, unless otherwise noted. [CGD 95–010, 62 FR 67536, Dec. 24, 1997, as amended by USCG-1999–5004, 64 FR 30439, Subpart 31.01—General June 8, 1999; USCG-2004–18884, 69 FR 58345, Sept. 30, 2004; USCG–2006–25697, 71 FR 55745, § 31.01–1 Inspections required—TB/ Sept. 25, 2006; USCG–2009–0702, 74 FR 49226, ALL. Sept. 25, 2009] (a) Every tank vessel subject to the regulations in this subchapter shall be § 31.01–5 Scope of initial inspection— inspected every 5 years or more often, TB/ALL. if necessary, by the Coast Guard to see The initial inspection, which may that the hull, boilers, machinery, consist of a series of inspections during equipment, apparatus for storage, and the construction of a vessel, shall in- appliances of the vessel comply with clude a complete inspection of the marine inspection laws, and the regula- structure, including the outside of the tions in this subchapter, and when ap- vessel’s bottom, the machinery, unfired plicable, subchapters E, F, J, O, Q, S, pressure vessels, equipment and the in- and W of this chapter and 33 CFR parts side and outside of the boilers. The in- 155 and 157. spection shall be such as to insure that (b) Tank vessels which are laid up, the arrangements, material, and dismantled, and out of commission are scantlings of the structure, boilers and exempt from inspections required by other pressure vessels and their appur- law or regulations in this subchapter, tenances, piping, main and auxiliary provided that such vessels are cleaned machinery, electrical installations, of all cargo residue and maintained in lifesaving appliances, fire-detecting a gas free condition. and extinguishing equipment, pilot (c) For inspection and tests of tanks boarding equipment and other equip- containing certain dangerous cargoes ment fully comply with the applicable

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regulations for such vessel and are in § 31.01–20 Application for inspection of accordance with approved plans, and a new tank vessel or conversion of determine that the vessel is in posses- a vessel to a tank vessel—TB/ALL. sion of a valid certificate issued by the Prior to the commencement of the Federal Communications Commission, construction of any new tank vessel, or if any. The inspection shall be such as prior to the commencement of the con- to ensure that the workmanship of all version of any vessel to a tank vessel, parts of the vessel and its equipment is application for the approval of contract in all respects satisfactory and that plans and specifications and for a cer- the vessel is provided with lights, tificate of inspection shall be made in means of making sound signals, and writing to the Coast Guard and no such distress signals as required by applica- construction or conversion shall be proceeded with until such approval is ble statutes and regulations. granted. (See § 31.10–1.) [CGFR 65–50, 30 FR 16662, Dec. 30, 1965, as amended by CGFR 68–32, 33 FR 5712, Apr. 12, Subpart 31.05—Certificates of 1968; CGFR 68–82, 33 FR 18804, Dec. 18, 1968; Inspection CGD 82–036, 48 FR 654, Jan. 6, 1983; CGD 79– 032, 49 FR 25455, June 21, 1984; CGD 95–012, 60 § 31.05–1 Issuance of certificate of in- FR 48049, Sept. 18, 1995] spection—TB/ALL. § 31.01–10 Authority of marine inspec- (a) When a tank vessel is found to tors—TB/ALL. comply with all applicable regulations, including the applicable provisions of Inspectors may at any time lawfully subchapters E, F, J, O, Q, S, and W of inspect any tank vessel. this chapter and of 33 CFR parts 104, 155, and 157, the Officer in Charge, Ma- § 31.01–15 Application for a Certificate rine Inspection will issue a certificate of inspection—TB/ALL. of inspection to the vessel or to its (a) You must submit a written appli- owners. cation for an inspection for certifi- (b) Certificates of inspection for tank cation to the cognizant OCMI. To vessels shall be similar in form to cer- renew a Certificate of Inspection, you tificates issued to other cargo vessels, must submit an application at least 30 and in addition to the manning re- days before the expiration of the tank quirements and waters over which they vessel’s current Certificate of Inspec- may be operated, they shall be appro- tion. When renewing a Certificate of priately endorsed Inspected and approved for the carriage of flammable or Inspection, you must schedule an incombustible liquids of Grade A, B, C, D, spection for certification within the 3 or E (as the case may be), and such en- months before the expiration date of dorsement shall serve as a permit for the current Certificate of Inspection. such vessel to operate. The endorse- (b) The application should be on ment for the carriage of liquefied flam- Form CG-3752, Application for Inspec- mable gases is set forth in § 38.01–5 of tion of U.S. Vessel, which requires in- this subchapter. formation on name and type of vessel, (c) The certificate of inspection shall nature of employment and route in be delivered to the master or owner of which to be operated, grade or type of the tank vessel to which it relates. cargo to be carried, place where and [CGFR 65–50, 30 FR 16662, Dec. 30, 1965, as date when the vessel may be inspected, amended by CGD 73–96, 42 FR 49024, Sept. 26, and that no other application has been 1977; CGD 79–023, 48 FR 51006, Nov. 4, 1983; made to any Officer in Charge, Marine CGD 84–069, 61 FR 25286, May 20, 1996; USCG- Inspection, since the issuance of the 2003–14749, 68 FR 39314, July 1, 2003] last valid certificate of inspection. § 31.05–5 Posting the certificate of in- [CGFR 65–50, 30 FR 16662, Dec. 30, 1965, as spection—TB/ALL. amended by USCG-1999–4976, 65 FR 6499, Feb. The certificate of inspection shall be 9, 2000] framed under glass and posted in a conspicuous part of the vessel, except that where it is not practicable to so expose

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the certificate of inspection it shall be ards may be also examined at the Of- carried in the vessel in such manner as fice of the Commandant (CG–52), U.S. authorized by the Officer in Charge, Coast Guard, 2100 2nd St. SW., Stop Marine Inspection. 7126, Washington, DC 20593–7126, or at the office of any Coast Guard District § 31.05–10 Period of validity for a Cer- Commander or Officer in Charge, Ma- tificate of Inspection—TB/ALL. rine Inspection. (a) A Certificate of Inspection is (c) The approved plans and certifi- valid for 5 years. cate of the American Bureau of Ship- (b) Application may be made by the ping, or other recognized classification master, owner, or agent for inspection society for classed vessels, may be ac- and issuance of a new certificate of in- cepted by the Coast Guard as evidence spection at any time during the period of the structural efficiency of the hull of validity of the current certificate. and reliability of machinery of vessels (c) Certificates of inspection may be subject to the regulations in this sub- revoked or suspended by the Coast chapter, except as otherwise provided Guard where such process is authorized for by laws and regulations in this by law. This may occur if the vessel chapter. does not meet the requirements of law [CGFR 65–50, 30 FR 16662, Dec. 30, 1965, as or regulations in this chapter or if amended by CGFR 68–32, 33 FR 5712, Apr. 12, there is a failure to maintain the safe- 1968; CGD 88–070, 53 FR 34533, Sept. 7, 1988; 53 ty requirements requisite to the FR 37570, Sept. 27, 1988; 53 FR 44011, Nov. 1, issuance of a certificate of inspection. 1988; CGD 95–072, 60 FR 50461, Sept. 29, 1995; USCG-2000–7790, 65 FR 58459, Sept. 29, 2000; [CGFR 68–82, 33 FR 18804, Dec. 18, 1968, as USCG–2009–0702, 74 FR 49226, Sept. 25, 2009; amended by CGD 95–012, 60 FR 48049, Sept. 18, USCG–2010–0759, 75 FR 60002, Sept. 29, 2010] 1995; USCG-1999–4976, 65 FR 6499, Feb. 9, 2000] § 31.10–5 Inspection of new tank ves- § 31.05–15 Certificate of inspection; sels—TB/ALL. terms; endorsements—TB/ALL. (a) Plans. Triplicate copies of con- The terms, endorsements and condi- tract plans and specifications shall be tions set forth on a certificate of in- forwarded to the Officer in Charge, Ma- spection shall have the same force and rine Inspection, in whose district the effect as the regulations contained in construction will take place, for sub- this subchapter. mission to the Marine Safety Center, 2100 2nd St. SW., Stop 7102, Wash- Subpart 31.10—Inspections ington, DC 20593–7102, for approval, but if the tank vessel is to be classed, such § 31.10–1 Recognized classification so- plans and specifications shall first be ciety—TB/ALL. approved by a recognized classification (a) In the inspection of hulls, boilers, society. If the plans and specifications and machinery, the current standards are found to be in substantial agree- established by the American Bureau of ment with the regulations in this chap- Shipping and designated Rules for ter, they shall be approved, properly Building and Classing Steel Vessels re- stamped and dated and distributed as specting material and construction of follows: One set to owner or builder; hulls, boilers, and machinery, except as one set to Officer in Charge, Marine In- otherwise provided for by law and regu- spection, of the district in which the lations in this chapter, shall be accept- vessel is to be built; and one set shall ed as standard by the Coast Guard. be retained at the Marine Safety Cen- (b) The current standards established ter. If such plans and specifications are by the American Bureau of Shipping in not approved, the Marine Safety Center effect at the time of construction of shall notify the owner or builder the vessel, or otherwise as applicable, promptly wherein they fail to comply shall be used. The book Rules for Build- with the regulations in this chapter. ing and Classing Steel Vessels is usually For list of electrical plans see sub- published annually and may be pur- chapter J (Electrical Engineering) of chased from the American Bureau of this chapter. Shipping, ABS Plaza, 16855 Northchase (1) The plans and specifications shall Drive, Houston, TX 77060. These stand- include the arrangement of the cargo

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gear. Prior to submission to the Officer § 31.10–15 Inspection for certifi- in Charge, Marine Inspection, plans cation—TB/ALL. and specifications for cargo gear shall (a) After receiving an application for be approved by either a recognized inspection, the OCMI will inspect a classification society or the Inter- tank vessel in his or her jurisdiction national Cargo Gear Bureau, Inc., once every 5 years. The OCMI will en- whose home office is located at 321 sure that every tank vessel is of a West 44th Street, New York, NY 10036, structure suitable for the carriage of on the Internet at http://www.icgb.com. flammable and/or combustible liquids (2) For vessels of 100 meters (328 feet) in bulk and for the proper grade or or more in length contracted for on or grades of cargo the vessel carries while after September 7, 1990, a plan must be in service. If the OCMI deems it nec- included which shows how visibility essary, he or she may direct the vessel from the navigation bridge will meet the standards contained in § 32.16–1 of to be put in motion, and may adopt this subchapter. any other suitable means to test the tank vessel and its equipment. (b) Inspection. During construction, and upon completion of each tank ves- (b) The inspection for certification sel, it shall be inspected by the Officer shall include an inspection of the in Charge, Marine Inspection, to deter- structure, boilers, and other pressure mine whether it has been built in ac- vessels, machinery and equipment. The cordance with the approved plans and inspection shall be such as to insure specifications, and, if so, a certificate that the vessel, as regards the struc- of inspection endorsed as a permit for ture, boilers, and other pressure vessels the carriage of flammable or combus- and their appurtenances, piping, main tible liquids in bulk for the proper and auxiliary machinery, electrical in- grade or grades of cargo shall be issued stallations, life-saving appliances, fire- to the vessel or its owner. detecting and extinguishing equip- (c) Certificate of class may be accepted. ment, pilot boarding equipment, and In the event such tank vessel is classed other equipment is in satisfactory con- by the American Bureau of Shipping or dition and fit for the service for which other recognized classification society, it is intended, and that it complies the approved plans and certificates of with the applicable regulations for such society may be accepted by the such vessels, and determine that the Coast Guard as evidence of the struc- vessel is in possession of a valid certifi- tural efficiency of the hull and reli- cate issued by the Federal Communica- ability of machinery, except as other- tions Commission, if required. The wise provided for by law and the rules lights, means of making sound signals, and regulations in this subchapter. and distress signals carried by the ves- [CGFR 65–50, 30 FR 16662, Dec. 30, 1965, as sel shall also be subject to the above- amended by CGD 74–125A, 47 FR 15230, Apr. 8, mentioned inspection for the purpose 1982; CGD 85–099, 55 FR 32247, Aug. 8, 1990; of ensuring that they comply with the CGD 95–028, 62 FR 51197, Sept. 30, 1997; USCG- requirements of the applicable statutes 2000–7790, 65 FR 58459, Sept. 29, 2000; USCG– and regulations. 2007–29018, 72 FR 53964, Sept. 21, 2007; USCG– (c) If the vessel passes the inspection 2008–0906, 73 FR 56509, Sept. 29, 2008; USCG– 2009–0702, 74 FR 49226, Sept. 25, 2009] for certification, the OCMI will issue a new Certificate of Inspection. § 31.10–10 Vessels converted to tank [CGFR 65–50, 30 FR 16662, Dec. 30, 1965, as vessels—TB/ALL. amended by CGFR 68–32, 33 FR 5712, Apr. 12, The procedure for the inspection of 1968; CGFR 68–82, 33 FR 18804, Dec. 18, 1968; vessels converted to tank vessels shall CGD 82–036, 48 FR 655, Jan. 6, 1983; CGD 79– conform to the inspection for new tank 032, 49 FR 25455, June 21, 1984; CGD 95–012, 60 vessels as called for in § 31.10–5(b), and FR 48049, Sept. 18, 1995; CGD 95–027, 61 FR such vessels shall comply with the re- 25997, May 23, 1996; USCG-1999–4976, 65 FR quirements of inspections for converted 6499, Feb. 9, 2000] vessels as set forth in the regulations in this subchapter.

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§ 31.10–16 Inspection and certification (5) Certification of the testing and of cargo gear—TB/ALL. examination of wire rope; (a) The owner, operator or master (6) Certification of the heat treat- shall provide the Officer in Charge, Ma- ment of chains, rings, hooks, shackles, rine Inspection with all current valid and swivels which require such treat- certificates and registers of cargo gear ment; and, issued by competent persons or a rec- (7) Certification of the annual thor- ognized organization or nonprofit asso- ough examinations of gear not required ciation approved by the Commandant to be periodically heat treated. to certify the suitability of the cargo (e) The authorization for organiza- gear. tions to perform the required inspec- (b) Every acceptable cargo gear cer- tion is granted by the Chief, Office of tificate and/or register shall be prop- Vessel Activities, Commandant (CG– erly executed by a person authorized to 543), and will continue until super- do so and shall: seded, canceled, or modified. The following organizations are currently rec- (1) Certify as to the tests and exami- ognized by the Commandant (CG–543) nations conducted; as having the technical competence to (2) Show the dates on which the tests handle the required inspection: and examinations were conducted; and (1) National Cargo Bureau, Inc., with (3) Indicate that the cargo gear de- home offices at 17 Battery Place, Suite scribed in the certificate or register 1232, New York, NY 10004; on the Inter- complies with the standards of the or- net at http://www.natcargo.org. ganization or association authorized to (2) The International Cargo Gear Bu- issue the certificate or register. reau, Inc., with home office at 321 West (c) Competent persons for the pur- 44th Street, New York, NY 10036; on the poses of this section are defined as— Internet at http://www.icgb.com. (1) Surveyors of a classification society recognized by the Commandant [CGFR 65–50, 30 FR 16662, Dec. 30, 1965, as under 46 U.S.C. 3316, amended by CGD 95–028, 62 FR 51197, Sept. 30, (2) Surveyors of a recognized cargo 1997; USCG–2007–29018, 72 FR 53964, Sept. 21, 2007; USCG–2008–0394, 73 FR 35961, June 25, gear organization; or 2008; USCG–2008–0906, 73 FR 56509, Sept. 29, (3) Responsible officials or employees 2008] of the testing laboratories, companies, or organizations who conduct tests of § 31.10–17 Annual and periodic inspec- pieces of loose cargo gear, wire rope, or tions—TB/ALL. the annealing of gear as may be re- (a) Annual inspection. Your vessel quired by the standards of the organi- must undergo an annual inspection zation or association authorized to within 3 months before or after each issue the certificate or register. anniversary date, except as specified in (d) The registers issued in connection paragraph (b) of this section. with cargo gear certification must (1) You must contact the cognizant have all required entries fully com- OCMI to schedule an inspection at a pleted as of the dates indicated, shall time and place which he or she ap- be kept current, and shall include the proves. No written application is re- following: quired. (1) A register of the cargo handling (2) The scope of the annual inspection machinery and the gear accessory is the same as the inspection for cer- thereto carried on the vessel named tification but in less detail unless the therein; cognizant marine inspector finds defi- (2) Certification of the testing and ciencies or determines that a major examination of winches, derricks, and change has occurred since the last in- their accessory gear; spection. If deficiencies are found or a (3) Certification of the testing and major change to the vessel has oc- examination of cranes, hoists, and curred, the marine inspector will con- their accessory gear; duct an inspection more detailed in (4) Certification of the testing and scope to ensure that the vessel is in examination of chains, rings, hooks, satisfactory condition and fit for the shackles, swivels, and blocks; service for which it is intended. If your

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vessel passes the annual inspection, the § 31.10–18 Firefighting equipment: marine inspector will endorse your ves- General—TB/ALL. sel’s current Certificate of Inspection. (a) It shall be the duty of the owner, (3) If the annual inspection reveals master, or person in charge of a tank deficiencies in your vessel’s mainte- vessel to require and have performed at nance, you must make any or all re- least once in every 12 months, the tests pairs or improvements within the time and inspections of all hand portable period specified by the OCMI. fire extinguishers, semiportable fire ex- (4) Nothing in this subpart limits the tinguishing systems, and fixed fire ex- marine inspector from conducting such tinguishing systems on board, as de- tests or inspections he or she deems scribed in paragraphs (b), (c), and (d) of necessary to be assured of the vessel’s this section. The owner, master, or per- seaworthiness. son in charge shall keep records of such (b) Periodic inspection. Your vessel tests and inspections showing the dates when performed, the number and/or must undergo a periodic inspection other identification of each unit tested within 3 months before or after the sec- and inspected, and the name(s) of the ond or third anniversary of the date of person(s) and/or company conducting your vessel’s Certificate of Inspection. the tests and inspections. Such records This periodic inspection will take the shall be made available to the marine place of an annual inspection. inspector upon request and shall be (1) You must contact the cognizant kept for the period of validity of the OCMI to schedule an inspection at a vessel’s current certificate of inspec- time and place which he or she ap- tion. Where practicable, these records proves. No written application is re- should be kept in or with the vessel’s quired. logbook. The conduct of these tests and (2) The scope of the periodic inspec- inspections does not relieve the owner, tion is the same as that for the inspec- master, or person in charge of his re- tion for certification, as specified in sponsibility to maintain this fire- § 31.10–15(b). The OCMI will ensure that fighting equipment in proper condition the vessel is in satisfactory condition at all times. and fit for the service for which it is in- (b) The following tests and inspec- tended. If your vessel passes the peri- tions of portable fire extinguishing odic inspection, the marine inspector equipment shall be made: will endorse your vessel’s current Cer- tificate of Inspection. TABLE 31.10–18(b) (3) If the periodic inspection reveals Type unit Test deficiencies in your vessel’s mainte- Soda acid ...... Discharge. Clean hose and inside nance, you must make any or all re- of extinguisher thoroughly. Re- pairs or improvements within the time charge. period specified by the OCMI. Foam ...... Discharge. Clean hose and inside of extinguisher thoroughly. Re- (4) Nothing in this subpart limits the charge. marine inspector from conducting such Pump tank (water or Discharge. Clean hose and inside tests or inspections he or she deems antifreeze). of extinguisher thoroughly. Re- charge with clean water or anti- necessary to be assured of the vessel’s freeze. seaworthiness. Cartridge operated Examine pressure cartridge and (water, antifreeze or replace if end is punctured or if [USCG-1999–4976, 65 FR 6499, Feb. 9, 2000] loaded stream). cartridge is otherwise determined to have leaked or to be in § 31.10–17a Certificate of Inspection: unsuitable condition. Remove liquid, clean hose and inside of Conditions of validity. extinguisher thoroughly. Re- To maintain a valid Certificate of In- charge with clean water, solution, or antifreeze. Insert spection, you must complete your an- charged cartridge. nual and periodic inspections within Stored pressure (water, See that pressure gage is in oper- the periods specified in § 31.10–17 (a) and antifreeze or loaded ating range. If not, or if seal is stream). broken, weigh or otherwise de- (b) and your Certificate of Inspection termine that full charge is in ex- must be endorsed. tinguisher. Recharge if pressure is low or if extinguishing agent is [USCG-1999–4976, 65 FR 6500, Feb. 9, 2000] needed.

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TABLE 31.10–18(b)—Continued with water to prove them to be clear of obstruction. Before the inspection for Type unit Test certification and periodic inspection of Carbon dioxide...... Weigh cylinders. Recharge if deck foam systems utilizing a mechan- weight loss exceeds 10 percent ical foam system, a representative of weight of charge. Inspect hose and nozzle to be sure they sample of the foam liquid shall be sub- are clear.1 mitted to the manufacturer who will Dry chemical (cartridge- Examine pressure cartridge and issue a certificate indicating gravity, operated type). replace if end is punctured or if cartridge is otherwise deter- pH, percentage of water dilution and mined to have leaked or to be in solid content. unsuitable condition. Inspect (e) At each inspection for certifi- hose and nozzle to see if they are clear. Insert charged car- cation, periodic inspection, and at such tridge. Be sure dry chemical is other times as considered necessary, freeflowing (not caked) and the inspector shall determine that all chamber contains full charge. Dry chemical (stored See that pressure gage is in oper- fire extinguishing equipment is in suit- pressure type). ating range. If not, or if seal is able condition and that the tests and broken, weigh or otherwise de- inspections required by paragraphs (b) termine that full charge of dry chemical is in extinguisher. Re- through (i) of this section have been charge if pressure is low or if dry conducted. In addition, the marine in- chemical is needed. spector may require such tests as are Vaporizing liquid 2 Pump a few strokes into clean pail (pump type). and replace liquid. Keep water considered necessary to determine the out of extinguisher or liquid. condition of the equipment. Keep extinguisher completely full (f) On all fire extinguishing systems, of liquid. Vaporizing liquid 2 See that pressure gage is in oper- all the piping, controls, valves, and (stored pressure type). ating range. Weigh or check liq- alarms shall be checked by the marine uid level to determine that full inspector to ascertain that the system charge of liquid is in extinguisher. Recharge if pressure is is in good operating condition. low or if liquid is needed. (g) The fire main system shall be op- 1 Cylinders must be tested and marked, and all flexible con- erated and the pressure checked at the nections and discharge hoses of semi-portable carbon dioxide most remote and highest outlets by the and halon extinguishers must be tested or renewed, as required by §§ 147.60 and 147.65 of this chapter. marine inspector. All fire hose shall be 2 Vaporizing-liquid type fire extinguishers containing carbon subjected to a test pressure equivalent tetrachloride or chlorobromomethane or other toxic vaporizing liquids shall be removed from all vessels. to the maximum pressure to which (c) The following tests and inspec- they may be subjected in service, but tions of fixed fire extinguishing equip- not less than 100 p.s.i. The marine in- ment shall be made: spector shall check that the hose couplings are securely fastened in accord- TABLE 31.10–18(c) ance with the regulations of this subchapter. Type system Test (h) At each inspection for certifi- Foam ...... Systems utilizing a soda solution cation, periodic inspection, and at such shall have such solution re- other times as considered necessary, placed. In all cases, ascertain that powder is not caked. all carbon dioxide cylinders for fixed, Carbon dioxide...... Weigh cylinders. Recharge if semiportable, and portable systems weight loss exceeds 10 percent shall be examined and replaced if any 1 of weight of charge. corrosion is found. They shall also be 1 Cylinders must be tested and marked, and all flexible con- checked by weighing to determine nections on fixed carbon dioxide and halon extinguishers must be tested or renewed, as required by §§ 147.60 and 147.65 of their contents, and if found to be more this chapter. than 10 percent under the required con- (d) Deck foam systems shall be tested tents of carbon dioxide, they shall be at the inspection for certification and recharged. the periodic inspection by discharging (i) Steam smothering lines shall be foam for approximately 15 seconds tested with at least 50 pounds per from any nozzle designated by the ma- square inch of air pressure or by blow- rine inspector. It shall not be required ing steam through the lines at the to deliver foam from all foam outlets, working pressure and a survey made but all lines and nozzles shall be tested for detecting corrosion and defects

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using hammer test or such other means (a) Drydock examination means haul- as may be necessary. ing out of a vessel or placing a vessel in a drydock or slipway for an examina- [CGFR 65–50, 30 FR 16662, Dec. 30, 1965, as amended by CGFR 68–32, 33 FR 5712, Apr. 12, tion of all accessible parts of the ves- 1968; CGD 84–044, 53 FR 7748, Mar. 10, 1988; sel’s underwater body and all through- USCG-1999–4976, 65 FR 6500, Feb. 9, 2000] hull fittings. (b) Internal structural examination § 31.10–18a Liquefied gas vessels: addi- means an examination of the vessel tional firefighting equipment in- while afloat or in drydock and consists spections. of a complete examination of the ves- (a) Once during each 12 month period sel’s main strength members, including after the month an original Certificate the major internal framing, the hull of Inspection is issued for a liquefied plating, voids, and ballast tanks, but gas vessel under § 31.05–1, the master not including cargo or fuel oil tanks. shall ensure that the firefighting sys- (c) Cargo tank internal examination tems required in part 154 of this chap- means an examination of the vessel ter for a liquefied gas vessel meets the while afloat or in drydock and consists following: of an examination of the internals of (1) The exterior water spray system all cargo tanks; except, if the vessel is must past a water spray test. certificated to carry cargoes regulated (2) The dry chemical system must under part 38 or subchapter O of this meet the manufacturer’s specifications chapter, the cargo tank internal exam- for— ination must be accomplished as speci- (i) The amount of dry chemical pow- fied in parts 38 and 151 of this chapter der; and respectively. (ii) The pressure for nitrogen bottles. (d) Underwater survey means the ex- (3) The piping, valves, and controls of amination, while the vessel is afloat, of the system must be operable. all accessible parts of the vessel’s un- (b) On the same date that the re- derwater body and all through-hull fit- quirements under paragraph (a) of this tings. section are met, the master shall [CGD 84–024, 52 FR 39649, Oct. 23, 1987, as record in the vessel’s official logbook amended by CGD 84–024, 53 FR 32229, Aug. 24, the following information: 1988; CGD 95–028, 62 FR 51197, Sept. 30, 1997] (1) The date of the inspection. (2) The identification of each device § 31.10–21 Drydock examination, inter- inspected. nal structural examination, cargo tank internal examination, and un- (3) The name of the inspector. derwater survey intervals—TB/ALL. [CGD 74–289, 44 FR 26006, May 3, 1979] (a) Except as provided in paragraphs (b) through (g) of this section, each § 31.10–19 All firefighting equipment tank vessel must undergo drydock, in- may be tested—TB/ALL. ternal structural, and cargo tank inter- (a) During the inspection of fire- nal examinations as follows: fighting equipment, the Officer in (1) Except under paragraph (a)(2) of Charge, Marine Inspection, may re- this section, vessels that operate in quire fire apparatus to be tested, and salt water must be inspected in accord- used, except as provided under §§ 31.10– ance with the intervals set forth in 18(h) and 34.15–90(a) of this subchapter. table 31.10–21(a). Where table 31.10–21(a) (b) [Reserved] indicates a 2.5 year examination interval, it means a vessel must undergo § 31.10–20 Definitions relating to hull two examinations within any five year examinations—T/B ALL. period. No more than three years may As used in this part— elapse between any two examinations.

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(2) Vessels that operate in fresh cordance with the intervals set forth in water at least six months in every 12 table 31.10–21(b). Where table 31.10–21(b) month period since the last drydock indicates a 2.5 year examination inter- examination must be examined in ac- val, it means a vessel must undergo

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two examinations within any five year period. No more than three years may elapse between any two examinations.

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(b) During each inspection or rein- (e) Vessels otherwise qualifying spection for certification, all wing under paragraph (d) of this section, voids, rakes, cofferdams, and other that are 15 years of age or older may be void spaces on tank barges must be considered for continued participation opened and checked from on-deck for in or entry into the underwater survey the presence of water or cargo indi- program on a case-by-case basis, if— cating hull damage or cargo tank leak- (1) Before the vessel’s next scheduled age. If water or cargo is not present, drydocking, the owner or operator sub- these spaces need not be gas freed, ven- mits a request for participation or con- tilated, cleaned, or otherwise prepared tinued participation to Commandant for personnel entry. If water or cargo is (CG–543); present, an internal structural exam- (2) During the vessel’s next ination may be required. drydocking after the request is sub- (c) If, during an internal structural mitted, no appreciable hull deteriora- examination, cargo tank internal ex- tion is indicated as a result of a com- amination, or underwater survey, dam- plete set of hull gaugings; and age or deterioration to the hull plat- (3) The results of the hull gauging ing, structural members, or cargo and the results of the Coast Guard dry- tanks is discovered, the Officer in dock examination together with the Charge, Marine Inspection, may re- recommendation of the Officer in quire the vessel to be drydocked or oth- Charge, Marine Inspection, are sub- erwise taken out of service to further mitted to Commandant (CG–543) for assess the extent of the damage and to final approval. effect permanent repairs. (f) Each vessel which has not met (d) Vessels less than 15 years of age with the applicable examination sched- (except wooden hull vessels) that are in ules in paragraphs (a) through (e) of salt water service with a 2.5 year dry- this section because it is on a voyage, dock interval (as indicated in table must undergo the required examina- 31.10–21(a) of this section) or that are in tions upon completion of the voyage. fresh water service with a five year (g) The Commandant (CG–543) may drydock interval (as indicated in table authorize extensions to the examina- 31.10–21(b) of this section) may be con- tion intervals specified in paragraph sidered for an underwater survey in- (a) of this section. stead of alternate drydock examinations, provided the vessel is fitted with [CGD 84–024, 52 FR 39649, Oct. 23, 1987, as an effective hull protection system. amended at 53 FR 32230, Aug. 24, 1988; 53 FR 34872, Sept. 8, 1988; CGD 95–072, 60 FR 50461, Vessel owners or operators must apply Sept. 29, 1995; CGD 91–045, 61 FR 39792, July to the Officer in Charge, Marine In- 30, 1996; CGD 96–041, 61 FR 50726, Sept. 27, spection, for approval of underwater 1996; CGD 95–028, 62 FR 51198, Sept. 30, 1997; surveys instead of alternate drydock USCG–2009–0702, 74 FR 49226, Sept. 25, 2009] examinations for each vessel. The application must include the following § 31.10–21a Periodic gauging of tank information: vessel midbodies more than 30 (1) The procedure to be followed in years old that carry certain oil car- carrying out the underwater survey. goes—TB/ALL. (2) The location where the under- (a) As used in this section, the term water survey will be accomplished. ‘‘midbody’’ means the 40-percent mid- (3) The method to be used to accu- ship length (0.40L) of the tank vessel. rately determine the diver location rel- The age of the midbody is determined ative to the hull. from its year of original construction. (4) The means that will be provided (b) Midbodies of all tank vessels cer- for examining through-hull fittings. tificated to carry a pollution category (5) The means that will be provided I oil cargo listed in 46 CFR Table 30.25– for taking shaft bearing clearances. 1 must undergo an initial gauging sur- (6) The condition of the vessel, in- vey and periodic regauging surveys as cluding the anticipated draft of the follows: vessel at the time of the survey. (1) An initial midbody gauging sur- (7) A description of the hull protec- vey must be accomplished no later tion system. than the next drydocking inspection

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after the midbody becomes 30 years § 31.10–22 Notice and plans required. old. (a) The master, owner, operator, or (2) Regaugings: agent of the vessel shall notify the Of- (i) Midbodies of double hull tank ves- ficer in Charge, Marine Inspection, sels, or single hull tank vessels with whenever the vessel is to be drydocked independent tanks, that operated in fresh water at least 6 months in every regardless of the reason for 12-month period since the last drydock drydocking. examination must be regauged at in- (b) Each vessel, except barges, that tervals not exceeding 10 years; holds a Load Line Certificate must (ii) Midbodies of all other tank ves- have on board a plan showing the vessels must be regauged at intervals not sel’s scantlings. This plan must be exceeding 5 years. made available to the Coast Guard ma- (c) The midbody gauging survey must rine inspector whenever the vessel un- be comprised of at least three trans- dergoes a drydock examination, inter- verse (girth) belts of deck, bottom, nal structural examination, cargo tank side, inner hull, trunk, and longitu- internal examination, or underwater dinal bulkhead plating and attached survey or whenever repairs are made to longitudinal members. The number and the vessel’s hull. specific locations of the gauging points (c) Each barge that holds a Load Line shall be to the satisfaction of the Offi- Certificate must have a plan showing cer in Charge of Marine Inspection the vessel’s scantlings. The plan need (OCMI). not be maintained on board the barge (d) Except as provided in paragraph but must be made available to the (f) of this section, within 60 days of the Coast Guard marine inspector when- vessel’s required compliance date the ever the barge undergoes a drydock ex- owner or operator shall submit the fol- amination, internal structural exam- lowing to the OCMI that issued the ves- ination, cargo tank internal examina- sel’s current Certificate of Inspection: tion or underwater survey or whenever (1) The gauging survey results. repairs are made to the barge’s hull. (2) An engineering analysis signed by [CGD 84–024, 52 FR 39651, Oct. 23, 1987] a registered Professional Engineer licensed by any state of the United § 31.10–24 Integral fuel oil tank exami- States or the District of Columbia, or nations—T/ALL. signed by a Coast Guard-approved orga- (a) Each fuel oil tank with at least nization, that— one side integral to the vessel’s hull (i) Certifies the vessel’s compliance and located within the hull (integral with the minimum section modulus fuel oil tank) is subject to inspection as and plating thickness requirements of provided in this section. The owner or subpart 32.59 of this chapter; or operator of the vessel shall have the (ii) Proposes structural repairs and/or tanks cleaned out and gas freed as nec- modifications that will bring the vessel essary to permit internal examination up to the required strength standards. of the tank or tanks designated by the (e) The vessel owner or operator shall marine inspector. The owner or oper- keep a permanent copy of the Coast ator shall arrange for an examination Guard-approved gauging report avail- of the fuel tanks of each vessel during able for inspection by the OCMI. an internal structural examination at (f) Instead of the submittals required intervals not to exceed five years. by paragraphs (c) and (d) of this sec- (b) Integral non-double-bottom fuel tion, current classification with the oil tanks need not be cleaned out and American Bureau of Shipping or an- internally examined if the marine in- other recognized classification society, spector is able to determine by exter- or a load line certificate issued in ac- nal examination that the general con- cordance with the International Con- dition of the tanks is satisfactory. vention on Load Lines or the Inter- (c) Double-bottom fuel oil tanks on national Voyage Load Line Act, may vessels less than 10 years of age need be submitted as evidence of compliance not be cleaned out and internally ex- with the requirements of this section. amined if the marine inspector is able [CGD 91–209, 58 FR 52602, Oct. 8, 1993] to determine by external examination

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that the general condition of the tanks plans and specifications to Head- is satisfactory. quarters; and one set shall be retained (d) All double-bottom fuel oil tanks at Headquarters. If such plans and on vessels 10 years of age or older but specifications are not approved, the less than 15 years of age need not be Commandant shall promptly notify the cleaned out and internally examined if owner or designated shipyard wherein the marine inspector is able to deter- they fail to comply with the regula- mine by internal examination of at tions in this chapter. No extensive re- least one forward double-bottom fuel pairs to the hull or machinery which oil tank, and by external examination affect the safety of a vessel shall be of all other double-bottom fuel oil made without the knowledge of the Of- tanks on the vessel, that the general ficer in Charge, Marine Inspection. condition of the tanks is satisfactory. (e) All double-bottom fuel oil tanks § 31.10–30 Stability requirements—TB/ on vessels 15 years of age or older but ALL. less than 25 years of age need not be cleaned out and internally examined if Each tank vessel must meet the ap- the marine inspector is able to deter- plicable requirements in subchapter S mine by internal examination of at of this chapter. least one forward, one amidships, and [CGD 79–023, 48 FR 51006, Nov. 4, 1983] one aft double-bottom fuel oil tank, and by external examination of all § 31.10–32 Loading information—TB/ other double-bottom fuel oil tanks on ALL. the vessel, that the general condition (a) This section applies to each tank- of the tanks is satisfactory. (f) All double-bottom fuel oil tanks ship and tank barge the construction of on vessels 25 years of age or older need which begins on or after September 6, not be cleaned out and internally ex- 1977. amined if the marine inspector is able (b) Each tank vessel over 300 feet in to determine by internal examination length must have the loading informa- of at least one double-bottom fuel oil tion prescribed in either § 42.15–1(a) or tank in way of each cargo tank, and by § 45.105(a) of this chapter. For tank ves- external examination of all other dou- sels subject to the Load Line Acts the ble-bottom fuel oil tanks, that the gen- information must be approved by the eral condition of the tanks is satisfac- Commandant or by a recognized classi- tory. fication society that is approved by the Commandant. For tank vessels not [CGD 84–024, 52 FR 39651, Oct. 23, 1987, as amended at 53 FR 32230, Aug. 24, 1988] subject to the Load Line Acts loading information must be approved by the § 31.10–25 Inspection covering repairs Commandant. If the vessel is a tank- and alterations involving safety— ship, the approved information must be TB/ALL. provided to the master of the vessel. If No extensive alterations involving the vessel is a tank barge, the informa- the safety of a tank vessel either in re- tion must be provided to the person in gard to hull or machinery shall be charge of handling the cargo during made without the approval of the Com- loading or off-loading of the barge. mandant. Before such alterations are carried out, copies of plans and speci- [CGD 75–041, 42 FR 28887, June 6, 1977; 42 FR fications in triplicate for the work in- 35650, July 11, 1977] volved shall be forwarded to the Officer § 31.10–35 Permit to proceed to an- in Charge, Marine Inspection, in whose other port for repair—TB/ALL. zone the repairs will be made, for submission to Headquarters for approval. (a) The Officer in Charge, Marine In- If approved one set of the plans and spection, may issue a permit to proceed specifications, properly stamped and to another port for repair, Form CG- dated, shall be returned to the owner 948, to a vessel if in his judgment it can or to the repair yard designated by the be done with safety even if the certifi- owner; one set to the Officer in Charge, cate of inspection of the vessel has ex- Marine Inspection, who forwarded the pired or is about to expire.

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(b) Such permit will only be issued (COI) for each tank vessel the com- upon the written application of the plement of officers and crew that are master, owner or agent of the vessel. required by statute and regulation and (c) The permit will state upon its that in the judgment of the OCMI are face the conditions under which it is necessary for its safe operation. The issued and whether or not the vessel is OCMI may change the complement permitted to carry freight or pas- from time to time by endorsement to sengers. Passengers may not be carried the COI for changes in conditions of if the certificate of inspection has ex- employment. pired. (d) The permit shall be carried in a [CGD 79–116, 60 FR 17155, Apr. 4, 1995] manner similar to that described in § 31.05–5 for a certificate of inspection. § 31.15–5 Tank barges—B/ALL. Tank barges subject to the provisions § 31.10–40 Inspection during trial of this subchapter need not be manned trip—T/ALL. unless, in the judgment of the Officer On the trial trip of each new or con- in Charge, Marine Inspection, such verted tankship, an inspector shall be manning is necessary for the protec- present to observe from the standpoint tion of life and property and for the of safety in the carriage of flammable safe operation of the vessel. and/or combustible liquids in bulk, the operation of boilers, engines, steering [CGD 81–059, 54 FR 151, Jan. 4, 1989] gear, and auxiliaries; and if not satisfied with the performance of such boil- § 31.15–10 Towing vessels may carry ers and machinery, appliances, and ap- persons in addition to crew—B/ paratus for stowage, he shall make LBR. such requirements as in his judgment (a) Towing vessels engaged in towing will overcome any deficiencies which tank barges on the Great Lakes, inland may have come under his observation. waters, or rivers, may be authorized by the Coast Guard District Commander § 31.10–45 Inspection of crew accom- of the district to carry on board such modations—TB/ALL. number of persons in addition to its Crew’s quarters shall be inspected to crew as shall be deemed necessary to determine their sanitary condition. carry on the legitimate business of The Officer in Charge, Marine Inspec- such towing vessel or barge, not ex- tion, upon completing such inspection, ceeding, however, one person to every shall notify the master or officer in net ton of the towing vessel. charge of the vessel of his findings, (b) A Coast Guard District Com- which shall be entered in the vessel’s mander granting a license to a vessel log book. engaged in towing to carry persons in § 31.10–50 Inspection of bilges—TB/ addition to its crew shall notify the Of- ALL. ficer in Charge, Marine Inspection, in whose jurisdiction the vessel receiving (a) When inspecting oil-burning vessels, either internal-combustion type the permit is engaged, and the Officer or steam-driven type, the marine in- in Charge, Marine Inspection, shall spector shall examine the tank tops keep a record of the same. and bilges in the fireroom and engineroom to see that there is no ac- Subpart 31.20—Waters Operated cumulation of oil which might create a Over fire hazard. § 31.20–1 Waters—TB/ALL. Subpart 31.15—Manning of Tank The certificate of inspection shall Vessels show the waters over which the tank vessel is permitted to operate, such as: § 31.15–1 Officers and crews—TB/ALL. all waters; oceans; coastwise; Great The Officer in Charge, Marine Inspec- Lakes; bays, sounds, and lakes other tion (OCMI), that inspects the vessel than the Great Lakes; rivers; or inland enters on the Certificate of Inspection waters tributary to the Gulf of Mexico.

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Subpart 31.25—Load Lines Subpart 31.36—Lifesaving Appliances and Arrangements § 31.25–1 Load lines required—TB/ OCL. § 31.36–1 Lifesaving appliances and ar- All tank vessels of 150 gross tons or rangements—TB/ALL. over, or 79 feet in length or greater, All lifesaving appliances and ar- navigating the oceans, coastwise wa- rangements on tank vessels must be in ters, and Great Lakes are subject to accordance with subchapter W (Life- the regulations in parts 42 to 45, inclu- saving Appliances and Arrangements) sive, subchapter E (Load Lines), of this of this chapter. chapter, as applicable. [CGD 84–069, 61 FR 25286, May 20, 1996] [CGFR 69–72, 34 FR 17481, Oct. 29, 1969] Subpart 31.40—Certificates Under Subpart 31.30—Marine International Convention for Engineering Safety of Life at Sea, 1974

§ 31.30–1 Marine engineering regula- § 31.40–1 Application—T/ALL tions and material specifications— TB/ALL. The provisions of this subpart shall apply to all tankships on an inter- (a) All tank vessels are subject to the national voyage. (See § 30.01–6 of this regulations contained in parts 50 to 63, chapter.) inclusive, of subchapter F (Marine En- gineering) of this chapter, whenever [CGD 95–012, 60 FR 48049, Sept. 18, 1995, as applicable, except as such regulations amended by USCG-1999–4976, 65 FR 6500, Feb. are modified by the regulations in this 9, 2000] subchapter for tank vessels. § 31.40–5 Cargo Ship Safety Construc- [CGFR 68–82, 33 FR 18804, Dec. 18, 1968] tion Certificate—T/ALL. (a) All tankships on an international Subpart 31.35—Electrical voyage are required to have a Cargo Engineering Ship Safety Construction Certificate. This certificate shall be issued by the § 31.35–1 Electrical installations, light- U.S. Coast Guard or the American Bu- ing and power equipment, bat- reau of Shipping to certain vessels on teries, etc.—TB/ALL. behalf of the United States of America All tank vessels are subject to the as provided in Regulation 12, Chapter I, regulations contained in subchapter J of the International Convention for (Electrical Engineering) of this chapter Safety of Life at Sea, 1974. except as such regulations are modified (b) All such tankships shall meet the by the regulations in this subchapter applicable requirements of this chapter for tank vessels. for tankships on an international voyage. § 31.35–5 Communications; alarm systems, telephone and voice tube sys- [CGFR 65–50, 30 FR 16662, Dec. 30, 1965, as tems, engine telegraph systems, amended by CGD 90–008, 55 FR 30660, July 26, etc.—TB/ALL. 1990] All tank vessels are subject to the § 31.40–10 Cargo Ship Safety Equip- regulations contained in subchapter J ment Certificate—T/ALL. (Electrical Engineering) of this chapter (a) All tankships on an international except as such regulations are modified voyage are required to have a Cargo by the regulations in this subchapter Ship Safety Equipment Certificate. for tank vessels. (b) All such tankships shall meet the applicable requirements of this chapter for tankships on an international voyage.

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§ 31.40–15 Cargo Ship Safety Radio (b) An Exemption certificate must Certificate—T/ALL. not be valid for longer than the period Every tankship equipped with a radio of the certificate to which it refers. installation on an international voyage (c) A Convention certificate may be must have a Cargo Ship Safety Radio withdrawn, revoked, or suspended at Certificate. Each radio installation any time when it is determined that must meet the requirements of the the vessel is no longer in compliance Federal Communication Commission with applicable requirements. (See and the International Convention for § 2.01–70 of this chapter for procedures Safety of Life at Sea. governing appeals.) [USCG-1999–4976, 65 FR 6500, Feb. 9, 2000] [USCG-1999–4976, 65 FR 6500, Feb. 9, 2000]

§ 31.40–25 Exemption Certificate—T/ § 31.40–45 American Bureau of Ship- ALL. ping—T/ALL. (a) A tankship may be exempted by (a) The American Bureau of Ship- the Commandant from complying with ping, with its home office at ABS certain requirements of the Convention Plaza, 16855 Northchase Drive, Hous- under his administration upon request ton, TX 77060, is hereby designated as made in writing to him and trans- an organization duly authorized to mitted via the Officer in Charge, Ma- issue the Cargo Ship Safety Construction rine Inspection. Certificate to certain tankships on be- (b) When an exemption is granted to half of the United States of America as a tankship by the Commandant under provided in Regulation 12, chapter I, of and in accordance with the Convention, the International Convention for Safe- an Exemption Certificate describing ty of Life at Sea, 1974, and executive such exemption shall be issued through order 12234 and the certificate shall be the appropriate Officer in Charge, Ma- subject to the requirements in this sub- rine Inspection, in addition to other re- part. The American Bureau of Shipping quired certificates. is authorized to place the official seal of the United States of America on the § 31.40–30 Safety Management Certifi- certificate. This designation and dele- cate—T/ALL. gation to the American Bureau of Ship- All tankships to which 33 CFR part 96 ping shall be in effect from May 26, applies on an international voyage 1965, until terminated by proper au- must have a valid Safety Management thority and notice of cancellation is Certificate and a copy of their com- published in the FEDERAL REGISTER. pany’s valid Document of Compliance (b) At the option of the owner or certificate on board. agent of a tankship on an international voyage and on direct application to the [CGD 95–073, 62 FR 67514, Dec. 24, 1997] American Bureau of Shipping, the Bu- reau may issue to such tankship a § 31.40–35 Availability of certificates. Cargo Ship Safety Construction Cer- The Convention certificates shall be tificate, having a period of validity of on board the vessel and readily avail- not more than 60 months after able for examination at all times. ascertaining that the tankship: [USCG-1999–4976, 65 FR 6500, Feb. 9, 2000] (1) Has met the applicable requirements of the Convention; and, § 31.40–40 Duration of Convention cer- (2) Is currently classed by the Bureau tificates—T/ALL. and classification requirements have (a) The following certificates are been dealt with to the satisfaction of valid for a period of not more than 60 the Bureau. months. (c) When the Bureau determines that (1) A Cargo Ship Safety Construction a tankship to which it has issued a Certificate. Cargo Ship Safety Construction Cer- (2) A Cargo Ship Safety Equipment tificate no longer complies with the Certificate. Bureau’s applicable requirements for (3) A Safety Management Certificate. classification, the Bureau shall imme- (4) A Cargo Ship Safety Radio Certifi- diately furnish to the Coast Guard all cate. relevant information, which will be

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used by the Coast Guard to determine Subpart 32.25—General Alarm Systems whether or not to withdraw, revoke or 32.25–1 General alarm systems for tankships suspend the Cargo Ship Safety Con- and manned tank barges. struction Certificate. [CGFR 65–50, 30 FR 16662, Dec. 30, 1965, as Subpart 32.30—Sound Powered Telephone, amended by CGD 90–008, 55 FR 30660, July 26, Voice Tube, and Engine Order Tele- 1990; CGD 96–041, 61 FR 50726, Sept. 27, 1996; graph Systems USCG-2000–7790, 65 FR 58459, Sept. 29, 2000] 32.30–1 Voice tubes or telephone equipment—T/ALL. PART 32—SPECIAL EQUIPMENT, 32.30–5 Engine order telegraph equipment— MACHINERY, AND HULL RE- T/ALL. QUIREMENTS Subpart 32.35—Main and Auxiliary Machinery Subpart 32.01—General 32.35–1 Boilers and machinery—TB/ALL. Sec. 32.35–5 Installation of internal combustion 32.01–1 Incorporation by reference. engines—TB/ALL. 32.35–10 Steering apparatus on tank ves- Subpart 32.02—Safety Requirements sels—TB/ALL. 32.35–15 Installation of air compressors on 32.02–1 Means of escape—T/ALL. tank vessels contracted for on or after 32.02–5 Communication between deck- June 15, 1977—TB/ALL. houses—TB/OCLB. 32.02–10 Rails—TB/ALL. Subpart 32.40—Accommodations for 32.02–15 Guards at dangerous places—TB/ Officers and Crew ALL. 32.40–1 Application—TB/ALL. Subpart 32.05—Markings 32.40–5 Intent—T/ALL. 32.40–10 Location of crew spaces—T/ALL. 32.05–1 Draft marks and draft indicating 32.40–15 Construction—T/ALL. systems—TB/ALL. 32.40–20 Sleeping accommodations—T/ALL. 32.05–5 Vessel’s name on equipment—TB/ 32.40–25 Washrooms and toilet rooms—T/ ALL. ALL. 32.05–10 Name of tankship—T/ALL. 32.40–30 Messrooms—T/ALL. 32.05–15 Name of tank barge—B/ALL. 32.40–35 Hospital space—T/ALL. 32.40–40 Other spaces—T/ALL. Subpart 32.15—Navigation Equipment 32.40–45 Lighting—T/ALL. 32.40–50 Heating and cooling—T/ALL. 32.15–5 Whistles—T/ALL. 32.40–55 Insect screens—T/ALL. 32.15–10 Sounding machines—T/OCL. 32.40–60 Crew accommodations on tankships 32.15–15 Anchors, Chains, and Hawsers—TB/ of less than 100 gross tons and manned ALL. tank barges—T/ALL. 32.40–65 Crew accommodations on tankships 32.15–30 Radar—T/OC. constructed before June 15, 1987—T/ALL. 32.15–35 Magnetic Compass and Gyro- compass—T/OC. Subpart 32.45—Electrical Installations Subpart 32.16—Navigation Bridge Visibility 32.45–1 Installation and details.

32.16–1 Navigation bridge visibility-T/ALL. Subpart 32.50—Pumps, Piping, and Hose for Cargo Handling Subpart 32.20—Equipment Installations 32.50–1 Cargo pumps for tank vessels con- 32.20–1 Equipment installations on vessels structed on or after November 10, 1936— during World War II—TB/ALL. TB/ALL. 32.20–5 Pressure vacuum relief valves—TB/ 32.50–3 Cargo discharge—TB/ALL. ALL. 32.50–5 Cargo pump gauges on tank vessels 32.20–10 Flame arresters—TB/ALL. constructed on or after November 10, 32.20–20 Liquid level gaging—T/ALL. 1936—TB/ALL. 32.50–10 Cargo pumps on tank vessels with independent cargo tanks which were constructed prior to November 10, 1936—TB/ ALL.

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32.50–15 Cargo piping on tank vessels con- 32.55–50 Ventilation of tankships that have structed on or after July 1, 1951—TB/ a keel laying date on or after January 1, ALL. 1975—T/ALL. 32.50–20 Cargo piping for tank vessels constructed between November 10, 1936, and Subpart 32.56—Structural Fire Protection for July 1, 1951—TB/ALL. Tank Ships With a Keel Laying Date On 32.50–25 Cargo pumps and piping on tank or After January 1, 1975 vessels constructed prior to November 10, 32.56–1 Application—T/ALL. 1936—TB/ALL. 32.56–5 General—T/ALL. 32.50–30 Cargo hose—TB/ALL. 32.56–10 Navigation positions—T/ALL. 32.50–35 Remote manual shutdown for inter- 32.56–15 Deck spills—T/ALL. nal combustion engine driven cargo 32.56–20 Insulation of exterior boundaries: pump on tank vessels—TB/ALL. Superstructures and deckhouses—T/ALL. 32.56–21 Openings in exterior boundaries: Subpart 32.52—Bilge Systems Accommodation, service, and control spaces—T/ALL. 32.52–1 Bilge pumps on tank vessels con- 32.56–22 Openings in and insulation of structed or converted on or after Novem- boundaries: Other spaces—T/ALL. ber 19, 1952—TB/ALL. 32.56–25 Category A machinery spaces: Win- 32.52–5 Bilge piping for pump rooms and ad- dows and port lights—T/ALL. jacent cofferdams on tank vessels con- 32.56–30 Category A machinery spaces: structed or converted on or after Novem- Bulkheads and decks—T/ALL. ber 19, 1952—TB/ALL. 32.56–35 Doors—T/ALL. 32.52–10 Bilge pumps and piping on tank 32.56–40 Category A machinery spaces: Insu- vessels constructed or converted prior to lation—T/ALL. November 19, 1952—TB/ALL. 32.56–45 Draft stops—T/ALL. 32.56–50 Combustible veneers—T/ALL. Subpart 32.53—Inert Gas System 32.56–55 Control spaces—T/ALL. 32.56–60 Ventilation ducts—T/ALL. 32.53–1 Application—T/ALL. 32.53–3 Exemptions. Subpart 32.57—Structural Fire Protection for 32.53–5 Operation—T/ALL. Tank Vessels Contracted for On or 32.53–10 General—T/ALL. After January 1, 1963 32.53–30 Positive pressure—T/ALL. 32.57–1 Application—TB/ALL. 32.57–5 Definitions—TB/ALL. Subpart 32.55—Ventilation and Venting 32.57–10 Construction—TB/ALL. 32.55–1 Ventilation of tank vessels constructed on or after July 1, 1951—TB/ Subpart 32.59—Minimum Longitudinal ALL. Strength and Plating Thickness Re- 32.55–5 Ventilation of tank vessels con- quirements for Unclassed Tank Vessels structed between November 10, 1936, and That Carry Certail Oil Cargoes—TB/ALL July 1, 1951—TB/ALL. 32.59–1 Minimum section modulus and plat- 32.55–10 Ventilation of tank vessels con- ing thickness requirements—TB/ALL. tracted prior to November 10, 1936—TB/ ALL. Subpart 32.60—Hull Requirements for Tank 32.55–15 Ventilation for hold spaces—TB/ Vessels Constructed On or After July 1, ALL. 1951 32.55–20 Venting of cargo tanks of tankships constructed on or after July 1, 1951—T/ 32.60–1 Scantlings, material, and workman- ALL. ship—TB/ALL. 32.55–25 Venting of cargo tanks of tank 32.60–5 Subdivision of cargo space—TB/ALL. barges constructed on or after July 1, 32.60–10 Segregation of cargo; Grade A, B, C, 1951—B/ALL. or D—TB/ALL. 32.55–30 Venting of cargo tanks of tank ves- 32.60–15 Segregation of cargo; Grade E—TB/ sels constructed between November 10, ALL. 32.60–20 Pumprooms on tank vessels car- 1936, and July 1, 1951—TB/ALL. rying Grade A, B, C, D and/or E liquid 32.55–35 Venting of cargo tanks on tank ves- cargo—TB/ALL. sels constructed prior to November 10, 32.60–25 Living quarters—TB/ALL. 1936—TB/ALL. 32.60–30 Tank vessels with independent 32.55–45 Venting of cofferdams and void tanks—TB/ALL. spaces of tank vessels constructed on or 32.60–35 Tank vessels carrying Grade A liq- after November 10, 1936—TB/ALL. uid cargo—TB/ALL.

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32.60–40 Construction and testing of cargo Subpart 32.80—Tank Barges Constructed of tanks and bulkheads—TB/ALL. Materials Other Than Steel or Iron 32.60–45 Segregation of spaces containing the emergency source of electric power— 32.80–1 General requirements—B/ALL. TB/ALL. Subpart 32.85—Lamp and Paint Rooms Subpart 32.63—Hull and Cargo Tank Re- and Similar Compartments on Tankships quirements for Tank Barges Con- structed or Converted On or After July 32.85–1 Fireproofing of lamp, oil and paint 1, 1964, and Carrying Certain Dan- rooms—T/ALL. gerous Bulk Cargoes Subpart 32.90—Pilot Boarding Equipment 32.63–1 Application—B/ALL. 32.90–1 Pilot boarding equipment. 32.63–5 Barge hull classifications—B/ALL. 32.63–8 Alternative arrangements—B/ALL. AUTHORITY: 46 U.S.C. 2103, 3306, 3703, 3719; 32.63–10 Rakes and coamings—B/ALL. E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 32.63–20 Hull structure—B/ALL. 277; Department of Homeland Security Dele- 32.63–25 Cargo tanks and supports—B/ALL. gation No. 0170.1; Subpart 32.59 also issued under the authority of Sec. 4109, Pub. L. 101– Subpart 32.65—Hull Requirements for Tank 380, 104 Stat. 515. Vessels Constructed On or After No- SOURCE: CGFR 65–50, 30 FR 16671, Dec. 30, vember 10, 1936, and Prior to July 1, 1965, unless otherwise noted. 1951

32.65–1 Application—TB/ALL. Subpart 32.01—General 32.65–5 Scantlings, material, and workmanship—TB/ALL. § 32.01–1 Incorporation by reference. 32.65–10 Subdivision of cargo space—TB/ (a) Certain material is incorporated ALL. by reference into this part with the ap- 32.65–15 Cofferdams—TB/ALL. proval of the Director of the Federal 32.65–20 Pumprooms—TB/ALL. Register in accordance with 5 U.S.C. 32.65–25 Living quarters—TB/ALL. 552(a). To enforce any edition other 32.65–30 Tank vessels with independent tanks—TB/ALL. than that specified in paragraph (b) of 32.65–35 Tank vessels carrying Grade A liq- this section, the Coast Guard must uids—TB/ALL. publish notice of change in the FED- 32.65–40 Construction and testing of cargo ERAL REGISTER and make the material tanks and bulkheads—TB/ALL. available to the public. All approved material is on file at the U.S. Coast Subpart 32.70—Hull Requirements for Steel Guard, Office of Design and Engineer- Hull Tank Vessels Constructed Prior to ing Standards (CG–521), 2100 2nd St. November 10, 1936 SW., Stop 7126, Washington, DC 20593– 7126 or at the National Archives and 32.70–1 Application—TB/ALL. 32.70–5 Hull requirements; general—TB/ Records Administration (NARA). For ALL. information on the availability of this 32.70–10 Cofferdams—TB/ALL. material at NARA, call 202–741–6030, or 32.70–15 Pumprooms—TB/ALL. go to: http://www.archives.gov/ 32.70–20 Pump-engine compartment—TB/ federallregister/ ALL. codeloflfederallregulations/ 32.70–25 Cargo tanks—TB/ALL. ibrllocations.html. All material is available from the sources indicated in Subpart 32.75—Hull Requirements for Wood paragraph (b) of this section. Hull Tank Vessels Constructed Prior to (b) The material approved for incor- November 10, 1936 poration by reference in this part and 32.75–1 Application—TB/ALL. the sections affected are: 32.75–5 Hull requirements; general—TB/ American Bureau of Shipping (ABS) ALL. 32.75–10 Cargo tanks—TB/ALL. ABS Plaza, 16855 Northchase Drive, Houston, 32.75–15 Electric bonding and grounding for TX 77060 tanks—TB/ALL. Rules for Building and Classing Steel 32.75–20 Hold spaces and bulkheads—TB/ Vessels, 1989...... 32.15–15; 32.60–10; 32.65–40 ALL. 389

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American Society for Testing and Materials cient guard rails or bulwarks on decks (ASTM) and bridges. The height of rails or bul- 100 Barr Harbor Drive, West Conshohocken, warks shall be at least 391⁄2 inches from PA 19428–2959. the deck except that where this height ASTM D 4986–98, Standard Test Meth- would interfere with the normal oper- od for Horizontal Burning Charac- ation of the vessel, a lesser height may teristics of Cellular Polymeric Ma- terials...... 32.57–10 be approved by the Commandant. At ASTM F 1273–91 (1997), Standard Speci- exposed peripheries of the freeboard fication for Tank Vent Flame Ar- and superstructure decks the rails resters ...... 32.20–10 shall be in at least three courses in- [CGD88–032, 56 FR 35820, July 29, 1991, as cluding the top. The opening below the amended by CGD 95–072, 60 FR 50461, Sept. 29, lowest course shall not be more than 9 1995; CGD 96–041, 61 FR 50727, Sept. 27, 1996; inches. The courses shall not be more CGD 97–057, 62 FR 51043, Sept. 30, 1997; USCG- than 15 inches apart. In the case of 1999–5151, 64 FR 67177, Dec. 1, 1999; USCG- ships with rounded gunwales, the guard 2000–7790, 65 FR 58459, Sept. 29, 2000; USCG– rail supports shall be placed on the flat 2009–0702, 74 FR 49227, Sept. 25, 2009] of the deck. On other decks and bridges the rails shall be in at least two Subpart 32.02—Safety courses, including the top, approxi- Requirements mately evenly spaced. All rails shall consist of solid or tubular sections or § 32.02–1 Means of escape—T/ALL. chains or wire rope or a combination On all tankships where the plans and thereof. arrangements will possibly permit, all (b) Where it can be shown to the sat- passageways leading to living quarters, isfaction of the Commandant that a or places where anyone may be regu- vessel is engaged exclusively on voy- larly employed, shall be provided with ages of a sheltered nature, the provi- not less than two avenues of escape so sions of paragraph (a) of this section located that if one of such avenues is may be relaxed. not available another may be. The lo- (c) Tank vessels contracted for prior cality and arrangement of such addi- to July 1, 1969, except unmanned tank tional means of escape shall be deter- barges, assigned a deeper load line mined by the inspectors as will in their under part 42 of subchapter E (Load judgment best carry out the purpose Lines) of this chapter shall have effi- for which this provision was made. cient guard rails or bulwarks as re- [CGFR 65–50, 30 FR 16671, Dec. 30, 1965. Redes- quired by paragraph (a) of this section. ignated by CGD 88–032, 56 FR 35820, July 29, Otherwise, existing rails and bulwarks 1991] previously approved will be considered satisfactory so long as they are main- § 32.02–5 Communication between tained in good condition. Minor repairs deckhouses—TB/OCLB. and alterations may be made to the On all tank vessels where the dis- same standards as the original con- tance between deckhouses is more than struction. 46 meters (150 feet), a fixed means of fa- (d) All tank vessels in ocean and cilitating communication between coastwise service, except unmanned both ends of the vessel, such as a raised tank barges, constructed on or after fore and aft bridge or side tunnels, June 15, 1987, must have suitable storm must be provided. Previously approved rails installed in all passageways and arrangements may be retained so long at the deckhouse sides on weather as they are maintained in satisfactory decks where persons on board might condition to the satisfaction of the Of- have normal access. Storm rails must ficer in Charge, Marine Inspection. be installed on both sides of passage- [CGD 95–027, 61 FR 25997, May 23, 1996] ways which are six feet or more in width. Tank vessels to which this para- § 32.02–10 Rails—TB/ALL. graph applies constructed prior to June (a) All tank vessels, except un- 15, 1987, may retain previously accepted manned tank barges, contracted for on or approved installations so long as or after July 1, 1969, shall have effi- they are maintained in good condition

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to the satisfaction of the Officer in equal to the vertical spacing between Charge, Marine Inspection. consecutive marks. [CGFR 69–72, 34 FR 17481, Oct. 29, 1969, as (f) Draft marks must be painted in amended by CGD 84–073; 52 FR 18362, May 15, contrasting color to the hull. 1987; 52 FR 22751, June 15, 1987. Redesignated (g) In cases where draft marks are ob- by CGD 88–032, 56 FR 35820, July 29, 1991] scured due to operational constraints or by protrusions, the vessel must be § 32.02–15 Guards at dangerous fitted with a reliable draft indicating places—TB/ALL. system from which the bow and stern All exposed and dangerous places drafts can be determined. such as gears and machinery shall be properly protected with covers, guards [CGFR 65–50, 30 FR 16671, Dec. 30, 1965, as or rails in order that the danger of ac- amended by CGD 89–037, 57 FR 41821, Sept. 11, cidents may be minimized. On vessels 1992] equipped with radio communication, § 32.05–5 Vessel’s name on equip- the lead-ins shall be efficiently incased ment—TB/ALL. or insulated to insure against accidental shock. Such lead-ins shall be lo- The equipment of all tank vessels, cated so as not to interfere with the such as fire hose, fire axes, lifeboats, launching of lifeboats and life rafts. life rafts, life preservers, and lifeboats, shall be painted or branded with the [CGFR 65–50, 30 FR 16671, Dec 30, 1965. Redes- name of the vessel upon which they are ignated by CGD 88–032, 56 FR 35820, July 29, 1991] used. § 32.05–10 Name of tankship—T/ALL. Subpart 32.05—Markings Every tankship shall have the name § 32.05–1 Draft marks and draft indi- marked upon each bow and upon the cating systems—TB/ALL. stern, and the home port shall also be (a) All vessels must have draft marks marked upon the stern. The name shall plainly and legibly visible upon the be in a light color on a dark ground, or stem and upon the sternpost or in a dark color on a light ground, and rudderpost or at any place at the stern shall be distinctly visible. The smallest of the vessel as may be necessary for letters used shall be not less than 4 easy observance. The bottom of each inches in size. In addition, every tank- mark must indicate the draft. ship shall have her name conspicuously (b) The draft must be taken from the displayed in distinct plain letters, of bottom of the keel to the surface of the not less than 6 inches in size, on each water at the location of the marks. outer side of the pilothouse. (c) In cases where the keel does not [CGFR 65–50, 30 FR 16657, Dec. 30, 1965, as extend forward or aft to the location of amended by CGFR 72–104R, 37 FR 14233, July the draft marks, due to raked stem or 18, 1972] cutaway skeg, the datum line from which the drafts shall be taken, shall § 32.05–15 Name of tank barge—B/ALL. be obtained by projecting the line of Every tank barge shall have its name the bottom of the keel forward or aft, or number carved, punch-marked, or as the case may be, to the location of welded on the main beam, inside the the draft marks. cargo hatch, or other suitable perma- (d) In cases where a vessel may have nent part of the vessel’s structure for a skeg or other appendage extending locally below the line of the keel, the the purpose of identification. The ves- draft at the end of the vessel adjacent sel’s name or number shall be so dis- to such appendage shall be measured to played at the highest part of the ves- a line tangent to the lowest part of sel’s hull or permanent structure that such appendage and parallel to the line the name or number can be seen from of the bottom of the keel. either side. (e) Draft marks must be separated so [CGFR 65–50, 30 FR 16657, Dec. 30, 1965, as that the projections of the marks onto amended by CGFR 72–104R, 37 FR 14233, July a vertical plane are of uniform height 18, 1972]

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Subpart 32.15—Navigation § 32.15–10 Sounding machines—T/OCL. Equipment All mechanically propelled vessels in ocean or coastwise service of 500 gross § 32.15–5 Whistles—T/ALL. tons and over, and all mechanically (a) [Reserved] propelled vessels in of 500 gross tons (b) On tankships contracted for on and over and certificated for service on and after November 19, 1955 means the River St. Lawrence eastward of the shall be provided to operate the whistle lower exit of the St. Lambert Lock at from a position adjacent to the main Montreal, Canada, must be fitted with steering station and from the steering station on top of the pilothouse where an efficient electronic deep-sea sound- such steering station is fitted. Details ing apparatus. of the whistle operating devices shall [CGD 95–027, 61 FR 25997, May 23, 1996] meet the requirements of subchapter J (Electrical Engineering) of this chap- § 32.15–15 Anchors, Chains, and ter. Hawsers—TB/ALL

NOTE: Appendix A in 33 CFR subchapter D (a) Application. Use the following contains the International Regulations for table to determine which provisions of Preventing Collisions at Sea, 1972. this section apply to you: [CGFR 65–50, 30 FR 16671, Dec. 30, 1965, as amended by CGD 74–125A, 47 FR 15230, Apr. 8, 1982; CGD 82–036, 48 FR 654, Jan. 6, 1983]

If you own . . . And . . . Then . . .

(1) A tankship or a manned seagoing It was constructed before June 15, 1987, It must meet the requirements of para- barge. graphs (d) and (f). (2) A tankship or a manned seagoing It was constructed on or after June 15, It must meet all the requirements of this barge. 1987, section except paragraphs (d) and (e). (3) An unmanned barge equipped with It must meet the requirements of para- anchors. graphs (e) and (f).

(b) Ocean, Coastwise, or Great Lakes tained in good condition to the satis- Service. Tankships in ocean, coastwise, faction of the Officer in Charge, Marine or Great Lakes service and manned Inspection (OCMI). If the service of the seagoing barges must be fitted with an- vessel changes, the OCMI will evaluate chors, chains and hawsers in general the suitability of the equipment. agreement with the standards estab- (e) Barges Equipped with Anchors to lished by the American Bureau of Ship- Comply with 33 CFR 155.230(b)(1). Each ping. The current standards of other barge equipped with an anchor, to com- recognized classification societies may ply with 33 CFR 155.230(b)(1), must be also be accepted upon approval by the fitted with an operable anchoring sys- Commandant. tem that includes a cable or chain, and (c) Lakes, Bays, and Sounds, or River a winch or windlass. All components of Service. Tankships in lakes, bays, and the system must be in general con- sounds, or river service must be fitted with such ground tackle and hawsers as formity with the standards issued by a deemed necessary by the Officer in recognized classification society. In- Charge, Marine Inspection, depending quiries concerning classification soci- upon the size of the tankship and the ety standards for anchoring systems waters on which it operates. should be directed to Commandant (d) Tankships and Barges Constructed (CG–5213), 2100 2nd St. SW., Stop 7126, Before June 15, 1987. For each tankship Washington, DC 20593–7126; telephone or manned seagoing barge constructed (202) 372–1378 or fax (202) 372–1925. If the before June 15, 1987, except a barge Coast Guard finds that your anchoring specified in paragraph (e) of this sec- system is not in general conformity tion, the equipment previously accept- with an approved standard, it will ad- ed or approved is satisfactory for the vise you how to bring it into such con- same service so long as it is main- formity.

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(f) Operation and Performance. Each (1) From the conning position, the anchor, exposed length of chain or view of the sea surface is not obscured cable, and hawser must be visually in- forward of the bow by more than the spected before the barge begins each lesser of two ship lengths or 500 meters voyage. The anchor must be stowed so (1,640 feet) from dead ahead to 10 de- that it is ready for immediate use in an grees on either side of the vessel. With- emergency. The barge must have a in this arc of visibility any blind sector working means for releasing the an- caused by cargo, cargo gear, or other chor that can be operated safely by one permanent obstruction must not ex- or two persons. ceed 5 degrees. [CGD 84–073, 52 FR 18362, May 15, 1987; 52 FR (2) From the conning position, the 22751, June 15, 1987, as amended by USCG horizontal field of vision extends over 1998–4443, 63 FR 71764, Dec. 30, 1998; USCG an arc from at least 22.5 degrees abaft 1998–4443, 65 FR 31813, May 19, 2000; USCG– the beam on one side of the vessel, 2006–25697, 71 FR 55746, Sept. 25, 2006; USCG– through dead ahead, to at least 22.5 de- 2009–0702, 74 FR 49227, Sept. 25, 2009] grees abaft the beam on the other side § 32.15–30 Radar—T/OC. of the vessel. Blind sectors forward of the beam caused by cargo, cargo gear, All tankships of 1,600 gross tons and or other permanent obstruction must over in ocean or coastwise service must not exceed 10 degrees each, nor total be fitted with a marine radar system more than 20 degrees, including any for surface navigation. Facilities for blind sector within the arc of visibility plotting radar readings must be pro- described in paragraph (a)(1) of this vided on the bridge. section. [CGD 74–074, 42 FR 5963, Jan. 31, 1977] (3) From each bridge wing, the field of vision extends over an arc from at § 32.15–35 Magnetic Compass and Gy- least 45 degrees on the opposite bow, rocompass—T/OC. through dead ahead, to at least dead (a) All tankships in ocean or coast- astern. wise service must be fitted with a mag- (4) From the main steering position, netic compass. the field of vision extends over an arc (b) All tankships of 1,600 gross tons from dead ahead to at least 60 degrees and over in ocean or coastwise service on either side of the vessel. must be fitted with a gyrocompass in (5) From each bridge wing, the re- addition to the magnetic compass. spective side of the vessel is visible for- (c) Each tankship must have an illu- ward and aft. minated repeater for the gyrocompass (b) Windows fitted on the navigation required under paragraph (b) that is at bridge must be arranged so that: the main steering stand unless the gy- (1) Framing between windows is kept rocompass is illuminated and is at the to a minimum and is not installed im- main steering stand. mediately in front of any work station. [CGD 74–074, 42 FR 5963, Jan. 31, 1977] (2) Front windows are inclined from the vertical plane, top out, at an angle Subpart 32.16—Navigation Bridge of not less than 10 degrees and not Visibility more than 25 degrees; (3) The height of the lower edge of § 32.16–1 Navigation bridge visibility- the front windows is limited to prevent T/ALL. any obstruction of the forward view Each tankship which is 100 meters previously described in this section; (328 feet) or more in length and con- and tracted for on or after September 7, (4) The height of the upper edge of 1990, must meet the following require- the front windows allows a forward ments: view of the horizon at the conning posi- (a) The field of vision from the navi- tion, for a person with a height of eye gation bridge, whether the vessel is in of 1.8 meters (71 inches), when the ves- a laden or unladen condition, must be sel is at a forward pitch angle of 20 de- such that: grees.

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(c) Polarized or tinted windows must plates, shall be provided on all tank- not be fitted. ships certificated for the carriage of Grade A liquids: Provided, That ullage [CGD 85–099, 55 FR 32247, Aug. 8, 1990] holes fitted with sounding pipes tightly secured to the underside of the tank Subpart 32.20—Equipment tops, open at the bottom, and extend- Installations ing to within 18 inches or less of the bottom of the tank shall be considered § 32.20–1 Equipment installations on as complying with the foregoing re- vessels during World War II—TB/ quirement. ALL. Boilers, pressure vessels, machinery, Subpart 32.25—General Alarm piping, electrical and other installations, including lifesaving, firefighting Systems and other safety equipment, installed § 32.25–1 General alarm systems for on vessels during the Unlimited Na- tankships and manned tank barges. tional Emergency declared by the A general alarm system must be in- President on May 27, 1941, and prior to stalled on tankships and manned tank the termination of title V of the Sec- barges which meets the requirements ond War Powers Act, as extended (sec. in subchapter J (Electrical Engineering 501, 56 Stat. 180, 50 U.S.C. 635), which do Regulations) of this chapter. not fully meet the detailed requirements of the regulations in this chap- [CGD 74–125A, 47 FR 15230, Apr. 8, 1982] ter, may be continued in service if found to be satisfactory by the Com- Subpart 32.30—Sound Powered mandant for the purpose intended. In Telephone, Voice Tube, and each instance prior to final action by Engine Order Telegraph Sys- the Commandant, the Officer in tems Charge, Marine Inspection, shall notify Headquarters of the facts in the case, § 32.30–1 Voice tubes or telephone together with recommendations rel- equipment—T/ALL. ative to suitability for retention. Each tankships must have communication equipment which meets the § 32.20–5 Pressure vacuum relief valves—TB/ALL. requirements in subchapter J (Elec- trical Engineering Regulations) of this The pressure vacuum relief valve chapter. shall be of a type and size approved by the Commandant for the purpose in- [CGD 74–125A, 47 FR 15230, Apr. 8, 1982] tended. For specifications and procedures re approval, see subpart 162.017 of § 32.30–5 Engine order telegraph equipment—T/ALL. subchapter Q (Specifications) of this chapter. Each tankship must have an engine order telegraph system which meets § 32.20–10 Flame arresters—TB/ALL. the requirements in subchapter J Flame arresters must be of a type (Electrical Engineering Regulations) of and size suitable for the purpose in- this chapter. tended and meet ASTM F 1273 (incor- [CGD 74–125A, 47 FR 15230, Apr. 8, 1982] porated by reference, see § 32.01–1). [CGD 88–032, 56 FR 35821, July 29, 1991, as Subpart 32.35—Main and Auxiliary amended by USCG-2000–7790, 65 FR 58459, Machinery Sept. 29, 2000] § 32.35–1 Boilers and machinery—TB/ § 32.20–20 Liquid level gaging—T/ALL. ALL. On tankships, the construction or Boilers, main and auxiliary machin- conversion of which is started on or ery, and piping systems shall conform after July 1, 1951, a method for deter- to the requirements of subchapter F mining the level of the liquid in a (Marine Engineering) of this chapter, cargo tank without opening ullage except as otherwise provided for in this holes, cargo hatches, or Butterworth subchapter.

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§ 32.35–5 Installation of internal com- section in which cargo vapors or gases bustion engines—TB/ALL. may be present. Each internal combustion engine lo- [CGD 75–017, 42 FR 25735, May 19, 1977, as cated on the weather deck shall be pro- amended by CGD 75–017, 42 FR 45677, Sept. 12, vided with a ventilated metal hood or, 1977] where space permits, with a well-ventilated metal housing of sufficient size to Subpart 32.40—Accommodations allow for proper operation and maintenance. for Officers and Crew

§ 32.35–10 Steering apparatus on tank SOURCE: CGD 95–027, 61 FR 25997, May 23, vessels—TB/ALL. 1996, unless otherwise noted. Tank vessels shall be provided with steering apparatus as required by part § 32.40–1 Application—TB/ALL. 58 of subchapter F (Marine Engineer- (a) The provisions of this subpart, ex- ing) of this chapter. cept § 32.40–60 and § 32.40–65, apply to all [CGFR 68–82, 33 FR 18805, Dec. 18, 1968] tankships of 100 gross tons and over constructed on or after June 15, 1987. § 32.35–15 Installation of air compres- (b) Tankships of less than 100 gross sors on tank vessels contracted for tons and manned tank barges must on or after June 15, 1977—TB/ALL. meet the requirements of § 32.40–60. No tank vessel, except an oil pollu- (c) Tankships of 100 gross tons and tion clean-up vessel, that carries petro- over constructed prior to June 15, 1987, leum products grades A thru D con- must meet the requirements of § 32.40– tracted for on or after June 15, 1977 65. may have an air compressor on an air compressor intake installed in any of § 32.40–5 Intent—T/ALL. the following cargo areas: (a) A cargo handling room. The accommodations provided for of- (b) An enclosed space containing ficers and crew on all vessels must be cargo piping. securely constructed, properly lighted, (c) A space in which cargo hose is heated, drained, ventilated, equipped, stowed. located, arranged and insulated from (d) A space adjacent to a cargo tank undue noise, heat and odors. or cargo tank hold. (e) A space within three meters of § 32.40–10 Location of crew spaces—T/ any of the following: ALL. (1) A cargo tank opening. (a) Crew quarters must not be located (2) An outlet for cargo gas or vapor. farther forward in the vessel than a (3) A cargo pipe flange. vertical plane located at 5 percent of (4) A cargo valve. the vessel’s length abaft the forward (5) An entrance or ventilation open- side of the stem at the designed sum- ing to a cargo handling room. (f) Except for tank barges, the cargo mer load water line. However, for ves- deck space. For the purpose of this sels in other than ocean or coastwise paragraph, cargo deck space means the service, this distance need not exceed volume bounded by the open deck over 8.5 meters (28 feet). For the purposes of the cargo tank block, including all bal- this paragraph, the vessel’s length last tanks within the cargo tank block, must be as defined in § 43.15–1 of sub- extending to the full width of the ves- chapter E (Load Lines) of this chapter. sel, plus three meters (about 10 feet) Unless approved by the Commandant, fore and aft of the cargo tank block no section of the deck head of the crew and up to a height of 2.4 meters (about spaces may be below the deepest load 8 feet) above the deck. line. (g) An enclosed space having an open- (b) There must be no direct commu- ing into a location described in para- nication, except through solid, close graphs (a)–(f) of this section. fitted doors or hatches between crew (h) A location similar to those de- spaces and chain lockers, or machinery scribed in paragraphs (a)–(g) of this spaces.

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§ 32.40–15 Construction—T/ALL. rectly into such quarters except when All crew spaces are to be constructed they are provided as private or semi- and arranged in a manner suitable to private facilities. the purpose for which they are in- (c) All washbasins, showers, and tended and so that they can be kept in bathtubs must be equipped with ade- a clean, workable and sanitary condi- quate plumbing, including hot and cold tion. running water. All toilets must be installed with adequate plumbing for § 32.40–20 Sleeping accommodations— flushing. T/ALL. (d) At least 1 washbasin must be (a) Where practicable, each licensed fitted in each toilet room, except officer shall be provided with a sepa- where private or semi-private facilities rate stateroom. are provided and washbasins are in- (b) Sleeping accommodations for the stalled in the sleeping rooms. crew must be divided into rooms, no (e) Where more than 1 toilet is lo- one of which may berth more than 4 cated in a space or compartment, each persons. toilet must be separated by partitions. (c) Each room must be of such size that there is at least 2.78 square meters § 32.40–30 Messrooms—T/ALL. (30 square feet) of deck area and a vol- (a) Messrooms must be located as ume of at least 5.8 cubic meters (210 near to the galley as is practicable ex- cubic feet) for each person accommo- cept where the messroom is equipped dated. The clear head room must not with a steam table. be less than 190 centimeters (75 inches). (b) Each messroom must seat the In measuring sleeping accommodations number of persons expected to eat in any furnishings contained therein for the messroom at one time. the use of the occupants are not to be deducted from the total volume or § 32.40–35 Hospital space—T/ALL. from the deck area. (a) Each vessel which in the ordinary (d) Each person shall have a separate course of its trade makes voyages of berth and not more than one berth may more than 3 days duration between be placed above another. The berth ports and which carries a crew of 12 or must be composed of materials not more, must be provided with a hospital likely to corrode. The overall size of a space. This space must be situated with berth must not be less than 68 centi- due regard to the comfort of the sick so meters (27 inches) wide by 190 centi- that they may receive proper attention meters (75 inches) long, except by spe- in all weathers. cial permission of the Commandant. Where two tiers of berths are fitted, (b) The hospital must be suitably sep- the bottom of the lower berth must not arated from other spaces and must be be less than 30 centimeters (12 inches) used for the care of the sick and for no above the deck. The berths must not be other purpose. obstructed by pipes, ventilating ducts, (c) The hospital must be fitted with or other installations. berths in the ratio of 1 berth to every (e) A locker must be provided for 12 members of the crew or portion each person accommodated in a room. thereof who are not berthed in single occupancy rooms, but the number of § 32.40–25 Washrooms and toilet berths need not exceed 6. rooms—T/ALL. (d) The hospital must have a toilet, (a) At least 1 toilet, 1 washbasin, and washbasin, and bathtub or shower con- 1 shower or bathtub must be provided veniently situated. Other necessary for each 8 members or portion thereof suitable equipment such as a clothes in the crew who do not occupy sleeping locker, a table, and a seat must be pro- accommodations to which private or vided. semi-private facilities are attached. (b) The toilet rooms and washrooms § 32.40–40 Other spaces—T/ALL. must be located convenient to the Each vessel must have— sleeping quarters of the crew to which (a) Sufficient facilities where the they are allotted but must not open di- crew may wash and dry their own

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clothes, including at least 1 sink sup- condition to the satisfaction of the Of- plied with hot and cold fresh water; ficer in Charge, Marine Inspection. (b) Recreation spaces; and (c) A space or spaces of adequate size Subpart 32.45—Electrical available on an open deck to which the Installations crew has access when off duty.

§ 32.40–45 Lighting—T/ALL. § 32.45–1 Installation and details. Each berth must have a light. The installation of all electrical engineering or interior communications § 32.40–50 Heating and cooling—T/ALL. systems, together with the details of (a) All manned spaces must be ade- design, construction, and installation, quately heated and cooled in a manner must meet the requirements of sub- suitable to the purpose of the space. chapter J (Electrical Engineering Reg- (b) The heating and cooling system ulations) of this chapter. for accommodations must be capable of [CGD 74–125A, 47 FR 15230, Apr. 8, 1982] maintaining a temperature of 21 °C (70 °F) under normal operating conditions Subpart 32.50—Pumps, Piping, without curtailing ventilation. (c) Radiators and other heating appa- and Hose for Cargo Handling ratus must be so placed and shielded, § 32.50–1 Cargo pumps for tank vessels where necessary, to avoid risk of fire, constructed on or after November danger or discomfort to the occupants. 10, 1936—TB/ALL. Pipes leading to radiators or heating apparatus must be insulated where On all tank vessels, the construction those pipes create a hazard to persons or conversion of which is started on or occupying the space. after November 10, 1936, the cargo pumps shall be designed and installed § 32.40–55 Insect screens—T/ALL. to minimize the danger of sparking. Provisions shall be made to protect Special care shall be exercised in the the crew quarters against the admis- design of packing spaces in order to se- sion of insects. cure ample depth and accessibility of glands. Where cargo pump shafts pierce § 32.40–60 Crew accommodations on gastight bulkheads, stuffing boxes with tankships of less than 100 gross readily accessible gastight glands shall tons and manned tank barges—TB/ be provided. ALL. (a) The crew accommodations on all § 32.50–3 Cargo discharge—TB/ALL. tankships of less than 100 gross tons (a) Pumps or other acceptable means and all manned tank barges must have shall be used to discharge cargo from sufficient size and equipment, and be gravity type cargo tanks vented at adequately constructed to provide for gauge pressures of 4 pounds per square the protection of the crew in manner inch or less. practicable for the size, facilities, and (b) The use of compressed air as the service of the tank vessel. primary means of discharging cargo (b) The crew accommodations must from such tanks is prohibited. be consistent with the principles underlying the requirements for crew ac- § 32.50–5 Cargo pump gauges on tank commodations of tankships of 100 gross vessels constructed on or after No- tons or more. vember 10, 1936—TB/ALL. § 32.40–65 Crew accommodations on (a) [Reserved] tankships constructed before June (b) A pressure gage shall be installed 15, 1987—T/ALL. for each pump discharge, and it shall All tankships of 100 gross tons and be located at a point visible with re- over constructed before June 15, 1987, spect to the pump controls. may retain previously accepted or ap- [CGFR 65–50, 30 FR 16671, Dec. 30, 1965, as proved installations and arrangements amended by CGD 73–254, 40 FR 40163, Sept. 2, so long as they are maintained in good 1975]

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§ 32.50–10 Cargo pumps on tank ves- (iv) Except for the carriage of animal sels with independent cargo tanks fats and vegetable oils, the system has which were constructed prior to a closure which forms a vapor-tight November 10, 1936—TB/ALL. seal on the tank opening through (a) Cargo pumps on tank vessels, the which the cargo is transferred, is construction or conversion of which bolted or dogged in place, and has the was started prior to November 10, 1936, hose and drop line connected to it; and may be located in a hold space con- (v) Except for the carriage of animal taining independent cargo tanks or on fats and vegetable oils, the system has deck. If the pump driving unit is of the a metallic drop line which complies type permitted in cargo pumprooms, it with 46 CFR 153.282. also may be located in the hold space. (3) Cargo piping shall not pass If other types of driving units are used, through spaces containing machinery they shall be located on deck or in an where sources of vapor ignition are engine compartment. If the pump drive normally present: Provided, That, in shaft passes through decks or bulk- special cases the Commandant may heads into a hold space or pumproom, permit the piping to pass through such it shall be provided with suitable stuff- spaces if Grade E liquids only are in- ing boxes at such points. volved. (b) Valve operating rods in cargo § 32.50–15 Cargo piping on tank vessels tanks shall be solid, except that tank constructed on or after July 1, barges having plug cocks inside the 1951—TB/ALL. cargo tanks may have operating rods of extra heavy pipe with the annular (a) On all tank vessels, the construc- space between the lubricant tube and tion or conversion of which is started the pipe wall sealed with a nonsoluble on or after July 1, 1951, the cargo pip- material to prevent penetration of the ing shall be: cargo. Valve operating rods shall be of (1) A fixed cargo piping system shall ample size, well guided and supported, be installed on a tank vessel carrying and attached to the valve stems in a Grade A, B, or C cargo. The piping manner so as to prevent the operating shall be arranged so as to avoid exces- rods from working loose. Where the op- sive stresses at the joints. For sizes ex- erating rods pass through a deck, gas- ceeding 2 inches in diameter, flanged, tight stuffing boxes shall be fitted. The welded, or other approved types of leads of operating rods shall be as di- joints shall be employed. Packing ma- rect as possible. Valves shall be of suit- terial shall be suitable for the cargo able design for the intended service. carried. Connections at bulkheads shall (c) All cargo loading and discharge be made so that the plating does not hose connections shall be fitted with form part of a flanged joint. Piping valves or blind flanges. may be carried through bunker spaces and deep tanks provided it is run [CGFR 65–50, 30 FR 16671, Dec. 30, 1965, as through a pipe tunnel. The tunnel may amended by CGD 80–009, 48 FR 36458, Aug. 11, 1983] be omitted where the pipe is extra heavy, all joints are welded, and bends § 32.50–20 Cargo piping for tank ves- are installed to provide for expansion sels constructed between November and contraction. 10, 1936, and July 1, 1951—TB/ALL. (2) Tank vessels carrying only Grades (a) On tank vessels, the construction D and E cargo may use a portable pip- or conversion of which is started on or ing system in lieu of a fixed piping sys- after November 10, 1936, and prior to tem meeting the requirements of para- July 1, 1951, the piping shall be ar- graph (a)(1) of this section, provided: ranged so as to avoid excessive stresses (i) The hose complies with 33 CFR at the joints. For sizes exceeding 2 154.500 or the portable piping complies inches in diameter, flanged, welded, or with part 56 of this chapter; other approved types of joints shall be (ii) The connections comply with 33 employed. Packing material shall be CFR 156.130; suitable for the cargo carried. Connec- (iii) A shutoff valve is at or near the tions at bulkheads shall be made so point of entry into the tank; that the plating does not form part of

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a flanged joint. Piping may be carried § 32.50–35 Remote manual shutdown through bunker spaces and deep tanks for internal combustion engine provided it is run through a pipe tun- driven cargo pump on tank ves- nel. The tunnel may be omitted where sels—TB/ALL. the pipe is extra heavy, all joints are (a) Any tank vessel which is equipped welded, and bends are installed to pro- with an internal combustion engine vide for expansion and contraction. driven cargo pump on the weather deck (b) Cargo piping shall not pass shall be provided with a minimum of through spaces containing machinery one remote manual shutdown station, where sources of vapor ignition are conspicuously marked, and located at normally present: Provided, That in the midpoint of such vessel, or 100 feet special cases the Commandant may from the engine, whichever is the more permit the piping to pass through such practical. The remote quick acting spaces if Grade E liquids only are in- manual shutdown shall be installed on volved. the engine so as to provide a quick and (c) Valve operating rods in the cargo effective means of stopping the engine tanks shall be solid and of ample size, (such as by cutting off the intake air). well guided and supported, and at- (b) This regulation applies to all in- tached to the valve stems in a manner stallations of this type on tank vessels, to guard against their working loose. but for such installations now on exist- Where such valve rods pass through the ing tankships at the date of next bien- deck, gas tight stuffing boxes shall be nial inspection or October 1, 1963, fitted. The leads of valve rods shall be whichever occurs later. as direct as possible. All valves and fittings shall be of material, design, and Subpart 32.52—Bilge Systems manufacture for the intended service on the cargo system; either rising or § 32.52–1 Bilge pumps on tank vessels nonrising stem valves may be used. constructed or converted on or after November 19, 1952—TB/ALL. § 32.50–25 Cargo pumps and piping on The number and arrangement of bilge tank vessels constructed prior to pumps on each tank vessel shall con- November 10, 1936—TB/ALL. form to the requirements of subchapter On tank vessels, the construction or F (Marine Engineering) of this chapter, conversion of which was started prior except as hereinafter provided in this to November 10, 1936, cargo pumps and subpart. piping which do not fully comply with the regulations in this subchapter shall § 32.52–5 Bilge piping for pump rooms be made as nearly equal to the require- and adjacent cofferdams on tank ments for tank vessels constructed be- vessels constructed or converted on tween November 10, 1936, and July 1, or after November 19, 1952—TB/ 1951, as is necessary in the interest of ALL. safety. Cargo pipe lines may pass (a) Provisions shall be made for re- through cargo pump engine compart- moving drainage from the pumproom ments provided no cargo valves are lo- bilges and adjacent cofferdams. A sepa- cated therein. rate bilge pump, ejector, or bilge suction from a cargo pump or cargo strip- § 32.50–30 Cargo hose—TB/ALL. ping pump may be provided for this Cargo hose carried on tank vessels purpose. The bilge pump shall not be must be suitable for oil service and de- located in nor shall the piping pass signed to withstand the pressure of the through spaces containing machinery shutoff head of the cargo pump or where sources of vapor ignition are pump relief valve setting, less static normally present. head, but in no case less than 150 (b) Where a bilge suction is provided pounds per square inch. from a cargo or stripping pump, a stopcheck valve shall be fitted in the NOTE: For additional requirements con- suction branch, and an additional stop cerning cargo hose, see 33 CFR 154.500, 155.800 valve shall be fitted also if the bilge and 156.170. suction branch can be subjected to a [CGD 80–009, 48 FR 36458, Aug. 11, 1983] head of oil from the filling line.

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(c) Means shall be provided for con- (4) An existing product carrier of trolling the cargo or pump room bilge 20,000 deadweight tons (metric) or more pumps and their suctions or discharges that has tank washing machines with a in order that a flooded pump room may capacity of more than 60 cubic meters be pumped out. Suitable portable or per hour after May 31, 1983. manually operated pumps may be ac- (5) Any other U.S. or foreign flag: cepted as complying with this provi- (i) Crude oil tanker or product car- sion, or alternatively, the pump con- rier of 70,000 deadweight tons (metric) trols shall be arranged so that they are and over after May 31, 1981; operable from inside the pump room (ii) Crude oil tanker between 20,000 and either from an accessible position and 70,000 deadweight tons (metric) outside the pump room, or from the after May 31, 1983; pump room casing above the freeboard (iii) Product carrier between 40,000 deck. and 70,000 deadweight tons (metric) after May 31, 1983. § 32.52–10 Bilge pumps and piping on (b) This subpart does not apply to tank vessels constructed or con- vessels designed to carry only: verted prior to November 19, 1952— (1) Liquefied gas cargo; or TB/ALL. (2) Grade E cargo that is carried at a (a) On tank vessels, the construction temperature lower than 5° C below its or conversion of which was started flash point. prior to November 19, 1952, bilge pumps (c) This part does not apply to vessels and piping which do not fully comply as stated in 46 U.S.C. 3702. with the regulations of this subchapter [CGD 77–057a, 44 FR 66501, Nov. 19, 1979, as shall be made as nearly equal to the re- amended by CGD 97–057, 62 FR 51043, Sept. 30, quirements for tank vessels con- 1997; CGD 95–028, 62 FR 51198, Sept. 30, 1997] structed on or after November 19, 1952, as is necessary in the interest of safe- § 32.53–3 Exemptions. ty. (a) The Assistant Commandant for (b) Bilge suctions from hold spaces Marine Safety and Environmental Pro- containing independent cargo tanks tection grants exemptions for crude oil may be connected to cargo pumps or tankers of less than 40,000 deadweight stripping pumps, provided the installa- tons not fitted with high capacity tank tion complies with the requirements of washing machines, if the vessel’s owner § 32.52–5(b). can show that compliance would be unreasonable and impracticable due to Subpart 32.53—Inert Gas System the vessel’s design characteristics. (b) Requests for exemptions must be SOURCE: CGD 74–127, 41 FR 3843, Jan. 26, submitted in writing to: Commandant 1976, unless otherwise noted. (CG–522), U.S. Coast Guard, 2100 2nd St. SW., Stop 7126, Washington, DC 20593– § 32.53–1 Application—T/ALL. 7126. (a) Except as provided in paragraphs (c) Each request must be supported (b) and (c) of this section, this subpart by documentation showing that: applies to: (1) The system would be detrimental (1) A U.S. crude oil tanker or product to the safe operation of the vessel; carrier of 100,000 DWT tons (metric) or (2) It is physically impracticable to more or combination carrier of 50,000 install the system; or DWT tons (metric) or more, that has a (3) Adequate maintenance of the sys- keel laying date on or after January 1, tem would be impossible. 1975. (d) The vessel’s owner may request a (2) A new (as defined in 46 U.S.C. 3701) conference. The exemption request file crude oil tanker or product carrier, or will be available for use in the con- foreign flag crude oil tanker or product ference and additional arguments or carrier of 20,000 DWT tons or more en- evidence in any form may be presented. tering the navigable waters of the U.S. The conference will be recorded. The (3) A crude oil tanker that is presiding officer summarizes the mate- equipped with a cargo tank cleaning rial presented at the conference and system that uses crude oil washing. submits written recommendations to

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the Assistant Commandant for Marine § 32.53–30 Positive pressure—T/ALL. Safety and Environmental Protection. Each inert gas system must be de- (e) The Assistant Commandant for signed to enable the operator to main- Marine Safety and Environmental Pro- tain a gas pressure of 100 millimeters (4 tection reviews the exemption request inches) of water on filled cargo tanks file and decides whether to grant or and during loading and unloading of deny the exemption. The decision shall cargo tanks. include an explanation of the basis on [USCG–2003–16630, 73 FR 65160, Oct. 31, 2008] which the exemption is granted or denied, and constitutes final agency action. Subpart 32.55—Ventilation and Venting [CGD 77–057a, 44 FR 66502, Nov. 19, 1979, as amended by CGD 82–063b, 48 FR 29486, June § 32.55–1 Ventilation of tank vessels 27, 1983; CGD 88–070, 53 FR 34534, Sept. 7, 1988; constructed on or after July 1, CGD 95–072, 60 FR 50461, Sept. 29, 1995; CGD 1951—TB/ALL. 96–041, 61 FR 50727, Sept. 27, 1996; CGD 97–057, (a) On all tanks vessels, the construc- 62 FR 51043, Sept. 30, 1997; USCG–2009–0702, 74 tion or conversion of which is started FR 49227, Sept. 25, 2009] on or after July 1, 1951, all enclosed § 32.53–5 Operation-T/ALL. parts of the vessel, other than cargo, fuel and water tanks, cofferdams and Unless the cargo tanks are gas free, void spaces, shall be provided with effi- the master of each tankship to which cient means of ventilation. this subpart applies shall ensure that (b) Compartments containing ma- the inert gas system is operated as nec- chinery where sources of vapor ignition essary to maintain an inert atmos- are normally present shall be venti- phere in the cargo tanks. lated in such a way as to remove vapors from points near the floor level or [USCG-2001–10224, 66 FR 48619, Sept. 21, 2001] the bilges. Effective steam or air actuated gas ejectors, blowers or ventila- § 32.53–10 General—T/ALL. tors fitted with heads for natural ven- (a) Each tankship to which this sub- tilation, with at least one duct extend- part applies must have an inert gas ing to immediately below the floor system that meets the requirements of plates will be approved for this pur- this subpart and is approved in accord- pose. Machinery spaces below the ance with 46 CFR 50.20. freeboard deck, in which fuels with (b) Each inert gas system must be de- flash point of 110 °F or lower are used, signed, constructed and installed in ac- shall be equipped with power ventila- cordance with the provisions of SOLAS tion. (See § 32.60–20 for other require- II–2, regulation 62, with the following ments concerning pumprooms.) provisions: § 32.55–5 Ventilation of tank vessels (1) Acceptable types of water seals in- constructed between November 10, clude the wet and semiwet type. Other 1936, and July 1, 1951—TB/ALL. types of seals may be accepted on a (a) On tank vessels, the construction case by case basis if approval is given or conversion of which was started on by the Coast Guard Marine Safety Cen- or after November 10, 1936, and prior to ter. July 1, 1951, all enclosed parts of the (2) If a vapor collection system re- vessel, other than cargo, fuel, and quired to meet part 39 of this sub- water tanks and cofferdams, shall be chapter is connected to the inert gas provided with efficient means of ven- system, the instruction manual re- tilation. quired by SOLAS II–2, regulation 62.21 (b) Pumprooms and compartments must include procedures relating to containing machinery where sources of vapor collection operations. vapor ignition are normally present shall be ventilated in such a way as to [CGD 74–127, 41 FR 3843, Jan. 26, 1976, as remove vapors from points near the amended by CGD 95–028, 62 FR 51198, Sept. 30, floor level or the bilges. Effective 1997] steam or air actuated gas ejectors or

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blowers or ventilators fitted with heads provided which, when extended for natural ventilation, will be ap- vertically, is capable of reaching a proved for this purpose. (See § 32.65–20 height of 13.1 feet. for other requirements concerning (2) A weather hood may be installed pumprooms.) at the vent outlet providing it is of such design as not to direct the flow of § 32.55–10 Ventilation of tank vessels vapor below the horizontal. contracted prior to November 10, (3) The branch vent lines shall con- 1936—TB/ALL. sist of either: Ventilation of tank vessels, the con- (i) Pipe with no valves or other hin- struction or conversion of which was drances to a free flow of gas; or, started prior to November 10, 1936, (ii) Piping fitted with a pressure vac- shall be equal to the requirements of uum relief valve, provided means are tank vessels constructed before July 1, supplied for relieving all internal pres- 1951, where the changes are, in the sure on cargo tanks by fitting the opinion of the Officer in Charge, Ma- valve with a positive means for opening rine Inspection, necessary in the inter- its pressure valve to allow free passage est of safety. of gases through the branch vent line [CGFR 65–50, 30 FR 16671, Dec. 30, 1965, as or by the installation of a by-pass amended by CGFR 66–33, 31 FR 15268, Dec. 6, fitted with a manually operated stop 1966] valve. (4) The vent header shall be fitted § 32.55–15 Ventilation for hold spaces— with a flame arrester or pressure vacu- TB/ALL. um relief valve. If a pressure vacuum Hold spaces containing independent relief valve is used in the header, cargo tanks shall be considered to be means shall be provided for relieving equivalent to cargo pumprooms and all internal pressure on cargo tanks by shall be ventilated and safeguarded as fitting the valve with a positive means such. for opening its pressure valve to allow free passage of gases through the head- § 32.55–20 Venting of cargo tanks of er or by the installation of a by-pass tankships constructed on or after fitted with a manually operated stop July 1, 1951—T/ALL. valve. A suitable means of relieving (a) Venting required. (1) On all tank- pressure shall be fitted in the header in ships, the construction or conversion of order to prevent excess pressure being which is started on or after July 1, 1951, built up in the tanks, in the event of each cargo tank shall be equipped with overfilling of the latter. The vent head- a vent. The diameter of a vent shall be er system shall be provided with suit- not less than 21⁄2 inches. able connections for flushing and (2) In any case where a venting sys- draining. The vent header system shall tem is required for a particular grade be of sufficient capacity as to be able of liquid, the venting system permitted to carry off all displaced air and vapors for a higher grade of liquid may be used during loading of the cargo tanks with- instead. out opening of ullage plates, cargo (b) Grade A liquids. (1) Cargo tanks in hatches, etc. See § 32.20–20 for liquid which Grade A liquids are to be trans- level gaging requirements. ported must be fitted with a venting (c) Grade B or C liquids. Cargo tanks system consisting of a branch vent line in which Grade B or C liquids are to be from each cargo tank connected to a transported shall be fitted with either vent header which must extend to a individual pressure-vacuum relief height above the weather deck equal to valves which shall extend to a reason- at least 13.1 feet and must terminate at able height above the weather deck or a comparable distance from any living shall be fitted with a venting system or working space, ventilator inlet, or consisting of branch vent lines con- source of ignition. When special condi- nected to a vent header which shall ex- tions will prevent the vent line or tend to a reasonable height above the header outlets being permanently in- weather deck and be fitted with a stalled at a height above the deck of flame arrester or a pressure-vacuum re- 13.1 feet an adjustable system must be lief valve. The vent header system, if

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fitted, shall be provided with suitable to be transported shall be fitted with connections for flushing and draining, gooseneck vents and flame screens. and if desired, stop valves may be [CGFR 65–50, 30 FR 16671, Dec. 30, 1965, as placed in the individual branch vent amended by CGFR 70–10, 35 FR 3709, Feb. 25, lines provided that each stop valve is 1970] bypassed by a pressure-vacuum relief valve. § 32.55–30 Venting of cargo tanks of (d) Grade D or E liquids. Cargo tanks tank vessels constructed between November 10, 1936, and July 1, in which Grade D or E liquids only are 1951—TB/ALL. to be transported shall be fitted with (a) Venting required. On all tank ves- gooseneck vents and flame screens. sels, the construction or alteration of (e) Tank vents which meet the re- which is started on or after November quirements of SOLAS will be consid- 10, 1936, and prior to July 1, 1951, each ered equivalent to the provisions of cargo tank shall be equipped with a this section. vent. The details of the venting system [CGFR 65–50, 30 FR 16671, Dec. 30, 1965, as shall meet the requirements of this amended by CGD 73–96, 42 FR 49024, Sept. 26, section, or alternatively, the require- 1977; CGD 95–028, 62 FR 51198, Sept. 30, 1997] ments of either § 32.55–20 or § 32.55–25, as applicable, shall be met. § 32.55–25 Venting of cargo tanks of (b) Grade A liquids. (1) Cargo tanks in tank barges constructed on or after which Grade A liquids are to be trans- July 1, 1951—B/ALL. ported shall be fitted with a venting (a) Venting required. (1) On all tank system consisting of branch vent line barges, subject to the provisions of this from each cargo tank connected to a subchapter the construction or conver- vent header which shall extend to a sion of which is started on or after reasonable height above the weather July 1, 1951, each cargo tank shall be deck and be fitted with a flame arrester or pressure-vacuum relief valve. equipped with a vent. The diameter of Each branch vent line may be provided a vent shall be not less than 21⁄2 inches. with a manually operated control (2) In any case where a venting sys- valve, provided it is bypassed with a tem is required for a particular grade pressure-vacuum relief valve or each of liquid, the venting system permitted cargo tank to which such a branch vent for a higher grade of liquid may be used line is connected is fitted with an inde- instead. pendent pressure-vacuum relief valve. (b) Grade A, B, or C liquids. Cargo The vent header system shall be pro- tanks in which Grade A, B, or C liquids vided with suitable connections for are to be transported shall be fitted flushing and draining. with either individual pressure-vacuum (2) In barges with independent tanks relief valves which shall extend to a carrying Grade A liquids, separate dis- reasonable height above the weather charge pipes may be fitted to each deck or shall be fitted with a venting pressure-vacuum relief valve, or the system consisting of branch vent lines pressure-vacuum relief valve may be connected to a vent header which shall elevated, so that in either case the dis- extend to a reasonable height above charge from such valve will not be less the weather deck and be fitted with a than 7 feet above the deck where prac- pressure-vacuum relief valve. The vent ticable. header system, if fitted, shall be pro- (c) Grade B or C liquids. Cargo tanks in which Grade B or C liquids are to be vided with suitable connections for transported shall be fitted with indi- flushing and draining, and if desired, vidual pressure-vacuum relief valves or stop valves may be placed in the indi- shall be fitted with a venting system vidual branch vent lines: Provided, consisting of branch vent lines con- That each such stop valve is bypassed nected to a vent header which shall ex- by a pressure-vacuum relief valve. tend to a reasonable height above the (c) Grade D or E liquids. Cargo tanks weather deck and be fitted with a in which Grade D or E liquids only are flame arrester or a pressure-vacuum relief valve.

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(d) Grade D or E liquids. Cargo tanks Subpart 32.56—Structural Fire Pro- in which Grade D or E liquids only are tection for Tank Ships With a to be transported shall be fitted with Keel Laying Date On or After gooseneck vents and flame screens un- January 1, 1975 less such tanks are vented by pressure- vacuum relief valves or a venting sys- SOURCE: CGD 74–127, 41 FR 3844, Jan. 26, tem of branch vent lines and a vent 1976, unless otherwise noted. header. § 32.56–1 Application—T/ALL. § 32.55–35 Venting of cargo tanks on tank vessels constructed prior to (a)This subpart applies to all tank- November 10, 1936—TB/ALL. ships that have a keel laying date on or after January 1, 1975. The venting of cargo tanks of tank (b) SOLAS-certificated vessels may vessels, the construction or alteration be considered equivalent to the provi- of which was started prior to November sions of this subpart. 10, 1936, shall be made to equal the requirements of tank vessels constructed [CGD 74–127, 41 FR 3844, Jan. 26, 1976, as amended by CGD 95–028, 62 FR 51198, Sept. 30, before July 1, 1951, where the changes 1997] are, in the opinion of the Officer in Charge, Marine Inspection, necessary § 32.56–5 General—T/ALL. in the interests of safety: Provided, (a) Except as provided in paragraphs That on such vessels carrying Grade A (c) and (d) of this section, each cat- cargo the requirements in § 32.55–30(b) egory A machinery space must be aft of shall be met. the cargo area and pumprooms. (b) Except as provided in paragraphs § 32.55–45 Venting of cofferdams and (c), (d), and (e) of this section, each ac- void spaces of tank vessels con- commodation space, service space ex- structed on or after November 10, cept isolated storage spaces, and con- 1936—TB/ALL. trol space and each main cargo control (a) Except as provided in paragraph station must be aft of: (b) of this section, on all tank vessels, (1) The cargo area; the construction or conversion of (2) All cargo pumprooms; and which was started on or after Novem- (3) All cofferdams that isolate the ber 10, 1936, cofferdams and void spaces cargo area from category A machinery shall be provided with gooseneck vents spaces. fitted with a flame screen or pressure- (c) Except as provided in paragraph vacuum relief valves. The diameter of a (e) of this section, any pumproom may be recessed below accommodation, vent shall be not less than 21⁄2 inches. service, and control spaces and re- (b) On unmanned tank barges not cessed into any category A machinery fitted with fixed bilge systems in the space if the distance between the cofferdams and void spaces, vents for deckhead of the recess and the under- cofferdams and void spaces will not be side of the accommodation, service, or required. control space is at least equal to the height of the recess. § 32.55–50 Ventilation of tankships (d) Accommodation, service, control that have a keel laying date on or and certain machinery spaces, such as after January 1, 1975—T/ALL. spaces for bow thrusters, windlass, and Each tankship that has a keel laying emergency fire pumps, may be located date on or after January 1, 1975, must forward of the cargo area and pump- have deckhouse and superstructure rooms if it is demonstrated to the Com- ventilation inlets and outlets and other mandant that the overall degree of openings to the exterior arranged to safety of the vessel is improved and minimize the admission of flammable that the degree of fire and life safety gas to enclosed spaces that contain a for these spaces is not less than the de- source of ignition. gree of fire and life safety for similar spaces located aft. [CGD 74–127, 41 FR 3844, Jan. 26, 1976] (e) On liquefied gas carriers:

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(1) Main cargo control stations may (a) The exterior boundaries that face be located in the cargo area; the cargo area. (2) Accommodation, service, and con- (b) The portion of the exterior bound- trol spaces may be located over aries within 3 meters (10 feet) or the cofferdams that isolate cargo tanks length of the vessel divided by 25, other than integral tanks from cat- whichever is greater, except that the egory A machinery spaces; distance need not exceed 5 meters (16.4 (3) Pumprooms may not be recessed feet), of these boundaries. into any space below deck. § 32.56–22 Openings in and insulation § 32.56–10 Navigation positions—T/ of boundaries: Other spaces—T/ ALL. ALL. (a) No navigation position may be If openings are fitted into the fol- above the cargo area unless it is ap- lowing exterior boundaries of any space proved by the Commandant as nec- other than an accommodation, service, essary for the safe operation of the ves- or control space, the interior of the sel. space must be insulated to ‘‘A-60’’ Class and the space must not provide (b) Each navigation position that is access to any accommodation, service, above the cargo area must be separated or control space: from the deck by an unenclosed space (a) The exterior boundaries that face that extends at least 2 meters (6.6 feet) the cargo area. from the deck to the navigation posi- (b) The portion of the exterior bound- tion. aries within 3 meters (10 feet) or the (c) Openings to navigation positions length of the vessel divided by 25, above cargo areas, except air locks, whichever is greater, except that the must be at least 2.4 meters (7.9 feet) distance need not exceed 5 meters (16.4 above the deck. feet), of these boundaries.

§ 32.56–15 Deck spills—T/ALL. § 32.56–25 Category A machinery A coaming or other barrier at least .3 spaces: Windows and port lights—T/ meters (1 foot) higher than adjacent ALL. spill containment barrier must be pro- (a) Except as provided in paragraph vided to prevent cargo spills from flow- (b) of this section and subpart 111.105, ing aft of the housefront. of this chapter, boundaries of category A machinery spaces and boundaries of § 32.56–20 Insulation of exterior cargo pumprooms must not be pierced boundaries: Superstructures and for windows or portlights. deckhouses—T/ALL. (b) Skylights that can be closed from The following exterior boundaries of outside the spaces they serve may be superstructures and deckhouses that fitted in boundaries of category A ma- contain accommodation, service, and chinery spaces. control spaces, except wheelhouses, must be insulated to ‘‘A-60’’ Class: [CGD 74–127, 41 FR 3844, Jan. 26, 1976, as amended by CGD 74–125A, 47 FR 15230, Apr. 8, (a) The exterior boundaries that face 1982] the cargo area. (b) The portion of the exterior bulk- § 32.56–30 Category A machinery heads and decks within 3 meters (10 spaces: Bulkheads and decks—T/ feet) of these boundaries. ALL. (a) Bulkheads and decks that sepa- § 32.56–21 Openings in exterior bound- rate category A machinery spaces from aries: Accommodation, service, and cargo pumprooms must be ‘‘A’’ Class control spaces—T/ALL. construction. The following exterior boundaries of (b) Bulkheads and decks that sepa- accommodation, service, and control rate category A machinery spaces or spaces, except wheelhouses, must have cargo pumprooms, including the pump- no openings, and portlights must be of room entrance, from accommodation, a fixed type with easily operable steel service, or control spaces must be ‘‘A- covers on the inside: 60’’ Class construction.

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§ 32.56–35 Doors—T/ALL. 72.05–10(e) of the Passenger Vessel Reg- ulations may be used as a guide. (a) Casing doors in category A machinery spaces and all elevator doors § 32.56–60 Ventilation ducts—T/ALL. must be self-closing and must meet the requirements of 46 CFR 72.05–25(b). (a) Each duct for ventilation of Cat- (b) If a means of holding a door open egory A machinery spaces that passes is used, it must be a magnetic holdback through accommodation, service, or or equivalent device that is operated control spaces must be: from the bridge or other suitable re- (1) Constructed of steel and insulated mote control position. to ‘‘A-60’’ Class; or (2) Constructed of steel, fitted with § 32.56–40 Category A machinery an automatic fire damper at each spaces: Insulation—T/ALL. boundary where it enters and leaves Structural insulation within cat- the Category A machinery space, and egory A machinery spaces must have a insulated to ‘‘A-60’’ Class for a distance barrier such as metal foil, sheet metal, of 5 meters (16.4 feet) beyond each ma- cementitious coating, or other vapor chinery space boundary. barrier so that the surface of that insu- (b) Each duct for ventilation of ac- lation is impervious to oil and oil va- commodation, service, and control pors. spaces that passes through Category A machinery spaces must be constructed [CGD 74–127, 41 FR 3844, Jan. 26, 1976, as of steel and be fitted with an auto- amended by CGD 74–127, 41 FR 4826, Feb. 2, matic fire damper at each Category A 1976] machinery space boundary. § 32.56–45 Draft stops—T/ALL. (a) Where ceilings or linings are Subpart 32.57—Structural Fire Pro- fitted in accommodation, service, or tection for Tank Vessels Con- control spaces, ‘‘B’’ Class bulkheads, tracted for On or After Janu- except those that form passageways, ary 1, 1963 may stop at the ceiling or lining if draft stops of ‘‘B’’ Class construction § 32.57–1 Application—TB/ALL. are fitted between the ceiling or lining (a) The provisions of this subpart and the deck or shell at intervals of 14 shall apply to all tank vessels con- meters (45 feet) or less. tracted for on or after January 1, 1963. (b) Spaces behind the linings of stair- (b) SOLAS-certificated vessels may ways and other trunks must have draft be considered equivalent to the provi- stops at each deck. sions of this subpart.

§ 32.56–50 Combustible veneers—T/ [CGFR 65–50, 30 FR 16671, Dec. 30, 1965, as ALL. amended by CGD 95–028, 62 FR 51198, Sept. 30, 1997] (a) Except as provided in paragraph (b) of this section combustible veneers § 32.57–5 Definitions—TB/ALL. on bulkheads, linings, and ceilings (a) Standard fire test. A ‘‘standard fire within accommodation, service, or contest’’ is one which develops in the test trol spaces must be 2 millimeters (.079 furnace a series of time temperature inches) or less in thickness. relationships as follows: (b) Veneers on bulkheads, linings, 5 minutes—1,000 °F. and ceilings in concealed spaces, cor- 10 minutes—1,300 °F. ridors, stairway enclosures, or control 30 minutes—1,550 °F. spaces must be an approved interior 60 minutes—1,700 °F. finish material or a reasonable number (b) ‘‘A’’ Class divisions. ‘‘A’’ Class di- of coats of paint. visions such as bulkheads and decks, means divisions that are composed of § 32.56–55 Control spaces—T/ALL. steel or an equivalent metal, suitably Bulkheads and decks that separate stiffened, and made intact with the control spaces from adjacent spaces main structure of the vessel, including must be ‘‘A’’ Class construction and in- the shell, structural bulkheads, or sulated against fire. 46 CFR Table decks. They are constructed so that, if

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subjected to the standard fire test, § 32.57–10 Construction—TB/ALL. they are capable of preventing the pas- (a) The hull, superstructure, struc- sage of flame and smoke for one hour. tural bulkheads, decks, and deckhouses In addition, they are insulated with ap- shall be constructed of steel. Alter- proved structural insulation, bulkhead nately, the Commandant may permit panels, or deck coverings so that the the use of other suitable material in average temperature on the unexposed special cases, having in mind the risk side does not rise more than 139° C (250 of fire. °F) above the original temperature, nor (b) Bulkheads of galleys, paint and does the temperature at any one point, lamp lockers, and emergency generator including any joint, rise more than 181° rooms shall be of ‘‘A’’ Class construc- C (325 °F) above the original tempera- tion. ture, within the time listed below: (c) The boundary bulkheads and Class A-60 ...... 60 minutes decks separating the accommodations Class A-30 ...... 30 minutes and control stations from cargo, and Class A-15 ...... 15 minutes machinery spaces and from galleys, Class A-0 ...... 0 minutes with no in- main pantries and storerooms other sulation requirement than small service lockers shall be of (c) ‘‘B’’ Class bulkheads. Bulkheads of ‘‘A’’ Class Construction. the ‘‘B’’ Class shall be constructed with (d) The following conditions apply approved incombustible materials and within accommodation, service, and made intact from deck to deck and to control spaces: shell or other boundaries. They shall be (1) Corridor bulkheads in accommo- so constructed that, if subjected to the dation areas shall be of ‘‘A’’ or ‘‘B’’ standard fire test, they would be capa- Class intact from deck to deck State- ble of preventing the passage of flame room doors in such bulkheads may for one-half hour. have a louver in the lower half. (d) ‘‘C’’ Class divisions. Bulkheads or (2) Stairtowers, elevator, dumb- decks of the ‘‘C’’ Class shall be con- waiter, and other trunks shall be of structed of approved incombustible ‘‘A’’ Class construction. materials, but need meet no require- (3) Bulkheads not already specified to ments relative to the passage of flame. be of ‘‘A’’ or ‘‘B’’ Class construction (e) Steel. Where the term ‘‘steel or may be of ‘‘A’’, ‘‘B’’, or ‘‘C’’ Class Con- other equivalent metal’’ is used in this struction. subpart, it is intended to require a ma- (4) The integrity of any deck in way terial which, by itself or due to insula- of a stairway opening, other than a tion provided, has structural and integ- stairtower, shall be maintained by rity qualities equivalent to steel at the means of ‘‘A’’ or ‘‘B’’ Class divisions or end of the applicable fire exposure. bulkheads and doors at one level. The integrity of a stairtower shall be main- (f) Approved material. Where in this tained by ‘‘A’’ Class doors at every subpart approved materials are re- level. The doors shall be of the self- quired, they refer to materials ap- closing type. No means shall be pro- proved under the applicable subparts of vided for locking such doors, except subchapter Q (Specifications) of this that crash doors or locking devices ca- chapter, as follows: pable of being easily forced in an emer- Deck Coverings ...... 164.006 gency may be employed provided a per- Structural Insulations ...... 164.007 manent and conspicuous notice to this Bulkhead Panels ...... 164.008 Incombustible Materials ...... 164.009 effect is attached to both sides of the Interior Finishes ...... 164.012 door. Holdback hooks or other means of permanently holding the door open (g) Stairtower. A stairtower is a stair- will not be permitted. However, mag- way which penetrates more than a sin- netic holdbacks operated from the gle deck within the same enclosure. bridge or from other suitable remote [CGFR 65–50, 30 FR 16671, Dec. 30, 1965, as control positions are acceptable. amended by CGFR 67–90, 33 FR 1015, Jan. 26, (5) Interior stairs, including stringers 1968; CGD 74–127, 41 FR 3845, Jan. 26, 1976; and treads shall be of steel or other CGD 75–032, 41 FR 17910, Apr. 29, 1976] suitable material having in mind the

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risk of fire. This is not intended to pre- Subpart 32.59—Minimum Longitu- clude the use of other material for nos- dinal Strength and Plating ing, walking surfaces, etc., over the Thickness Requirements for steel. (6) Except for washrooms and toilet Unclassed Tank Vessels That spaces, deck coverings within accom- Carry Certain Oil Cargoes— modation spaces shall be of an ap- TB/ALL proved type. However, overlays for lev- eling or finishing purposes which do § 32.59–1 Minimum section modulus and plating thickness require- not meet the requirements for an ap- ments—TB/ALL. proved deck covering may be used in 3 (a) As used in this section, Rule thicknesses not exceeding ⁄8 of an inch. (7) Except as provided in paragraph means the current Rules of the Amer- (d)(7–a) of this section, ceilings, lin- ican Bureau of Shipping or other recog- ings, and insulation, including pipe and nized classification society, as appro- duct laggings, must be made of ap- priate for the vessel’s present service proved incombustible material. and regardless of the year the vessel (7–a) Combustible insulations and was constructed. vapor barriers that have a maximum (b) The requirements of this section extent of burning of 122 millimeters (5 apply to all in-service, unclassed tank inches) or less when tested in accord- vessels certificated to carry a pollution ance with ASTM D 4986, ‘‘Standard category I oil cargo listed in 46 CFR Test Method for Horizontal Burning Table 30.25–1. Characteristics of Cellular Polymeric (c) For all vessels except those lim- Materials’’ (incorporated by reference, ited on their Certificate of Inspection see § 32.01–1), may be used within refrig- to river routes only, the minimum mid- erated compartments. ship section modulus must be— (8) Any sheathing, furring or holding (1) At least 90 percent of that re- pieces incidental to the securing of any quired by Rule; or bulkhead, ceiling, lining, or insulation (2) Where there is no specific Rule re- shall be of approved incombustible ma- quirement, at least 100 percent of that terials. which is necessary to meet the bending (9) Bulkheads, linings and ceilings moment developed under a full load may have a combustible veneer within condition in still water, using a per- a room not to exceed 2 millimeters (.079 missible bending stress of 12.74 kN/cm2 inch) in thickness. However, combus- (1.30 t/cm2, 8.25 Ltf/in2). tible veneers, trim, decorations, etc., (d) Within the 40-percent midship shall not be used in corridors or hidden length, the average flange and web spaces. This is not intended to preclude thicknesses of each longitudinal stiff- the use of an approved interior finish ener must be as follows: or a reasonable number of coats of (1) For deck and bottom stiffeners: at paint. least 85 percent of Rule thickness, un- (e) Wood hatch covers may be used less a buckling analysis demonstrates between cargo spaces or between stores that lesser thicknesses can be safely spaces. Hatch covers in other locations tolerated. However, the average thick- shall be of steel or equivalent metal ness must never be less than 80 percent construction. Tonnage openings shall of Rule thickness; and be closed by means of steel plates or (2) For side stiffeners: at least 75 per- equivalent metal construction. cent of Rule thickness. (f) Nitrocellulose or other highly (e) Within the 40-percent midship flammable or noxious fume-producing length, the average thickness for longi- paints or lacquers shall not be used. tudinal strength plating must be at least as follows: [CGFR 65–50, 30 FR 16671, Dec. 30, 1965, as (1) Weather deck: 75 percent of Rule amended by CGFR 66–33, 31 FR 15268, Dec. 6, thickness; 1966; CGFR 67–90, 33 FR 1015, Jan. 26, 1968; CGD 74–127, 41 FR 3845, Jan. 26, 1976; CGD 95– (2) Hatch: 70 percent of Rule thick- 028, 62 FR 51198, Sept. 30, 1997; USCG-1998– ness; 4442, 63 FR 52190, Sept. 30, 1998; USCG-1999– (3) Trunk: 75 percent of Rule thick- 5151, 64 FR 67177, Dec. 1, 1999] ness;

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(4) Sheer strake: 75 percent of Rule are normally present, shall be seg- thickness; regated from cargo tanks by (5) Outer sideshell: 75 percent of Rule cofferdams or pump rooms or tanks, ei- thickness; ther empty or used to carry liquid hav- (6) Inner sideshell: 75 percent of Rule ing a flashpoint of 150 °F. or above, or thickness; deck spaces enclosed or open. (7) Outer bottom; 75 percent of Rule (b) Cargo tank spaces. Cargo tank thickness; spaces shall extend to the main deck, (8) Inner bottom: 70 percent of Rule with hatches and vents located on the thickness; weather deck. Liquids having a flash (9) Keel: 75 percent of Rule thickness; point of not less than 150 °F. may be (10) Bulkheads: 75 percent of Rule carried in the bulk tanks located be- thickness. yond the segregating cofferdams and/or [CGD 91–209, 58 FR 52602, Oct. 8, 1993] pump rooms. (c) Enclosed spaces. (1) Cargo and vent piping passing through enclosed spaces Subpart 32.60—Hull Requirements immediately above the bulk cargo for Tank Vessels Constructed tanks shall be continuous except that On or After July 1, 1951 flanged joints connecting pipe sections will be permitted. NOTE: Requirements for double hull construction for vessels carrying oil, as defined (2) No openings to cargo tank shall be in 33 CFR 157.03, in bulk as cargo are found permitted other than stuffing boxes in 33 CFR 157.10d. through which valve control rods or permanently installed gage tapes ex- § 32.60–1 Scantlings, material, and tend and openings for use of tank workmanship—TB/ALL. cleaning machines. Openings for tank (a) All tank vessels, the construction cleaning machines, when not in use, or conversion of which is started on or shall be kept closed by means of gas- after July 1, 1951, shall conform to the tight bolted plates and when in use requirements in this subpart in con- shall be made essentially gas and wa- struction of hulls. The hull and deck- tertight by covers through which hose houses shall be of steel or iron con- or pipe to the tank cleaning machines struction except that the pilothouse extend. and decks over quarters may be con- (3) The overhead in way of quarters structed of wood. Scantlings, material, shall be gastight. and workmanship, subdivision of cargo (d) Stowage spaces. The spaces de- spaces, fitting of cofferdams, and test- scribed in paragraph (c) of this section ing of tanks shall be at least equiva- may be used for stowage purposes and lent to the requirements of the Amer- for general cargo provided that ade- ican Bureau of Shipping or other recog- quate ventilation is furnished. nized classification society. (e) Openings. (1) Except as provided in (b) See subpart 32.57 for structural paragraph (c) of this section, there fire protection requirements for tank shall be no manholes or other openings vessels contracted for on or after Janu- from cargo tanks to any other enclosed ary 1, 1963. spaces. An exception may be made to allow direct access from cargo tanks to § 32.60–5 Subdivision of cargo space— innerbottoms through gas tight bolted TB/ALL. manholes, provided: The cargo space shall be divided into (i) The innerbottom tanks are voids tight compartments as necessary to or ballast tanks only, and avoid excessive stresses and to provide (ii) The innerbottom tanks are pro- stability. tected from sources of ignition similar to the cargo tanks, and any bilge or § 32.60–10 Segregation of cargo; Grade ballast pumping system serving the A, B, C, or D—TB/ALL. innerbottom tanks are treated like (a) General. The galleys, living quar- cargo pumping systems. ters, navigation spaces, general cargo (2) Any vents, sounding tubes, and spaces, boiler rooms, and enclosed similar piping passing through such spaces where sources of vapor ignition tanks shall be run in a suitable trunk;

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or such piping shall have a wall thick- equipped with power ventilation shall ness equal to or greater than the have the ventilation outlets terminate innerbottom plating, but not less than more than six feet from any opening to schedule 80, and shall be welded con- the interior part of the vessel which tinuously on both sides of the normally contains sources of vapor ig- innerbottom plating. nition. (2) For all tank vessels, the construc- [CGFR 65–50, 30 FR 16671, Dec. 30, 1965, as amended by CGFR 69–72, 34 FR 17481, Oct. 29, tion or conversion of which is started 1969] between October 1, 1959, and January 1, 1963, the power ventilation shall not § 32.60–15 Segregation of cargo; Grade produce a source of vapor ignition in E—TB/ALL. either the pumproom or the ventilation (a) General. The galleys, living quar- systems associated with the pump- ters, navigation spaces, general cargo room. The capacity of power ventila- spaces, boilerrooms, and enclosed tion units shall be sufficient to effect a spaces containing machinery, where complete change of air in not more sources of vapor ignition are normally than 3 minutes, based upon the volume present, shall be segregated from the of the pumproom and associated trunks cargo tanks by tight bulkheads and in- up to the deck at which access from tervening spaces are not required. the weather is provided. (b) Cargo tank spaces. Cargo tank (c) Ventilation for pumprooms on tank spaces can be terminated at any deck vessels the construction or conversion of with hatches on the same deck, but the which is started on or after January 1, vent lines shall be extended to the 1963. (1) For all tank vessels, the con- weather deck. Butterworth openings struction or conversion of which is and extension rods may be located on started on or after January 1, 1963, the the tank top. cargo pumprooms shall be fitted in accordance with paragraphs (a) and (d) of § 32.60–20 Pumprooms on tank vessels this section. Cargo pumprooms on carrying Grade A, B, C, D and/or E these vessels shall be ventilated in liquid cargo—TB/ALL. such a way as to remove vapors from (a) Cargo pumps. In tank vessels car- points near the floor level or bilges. rying Grade A, B, C, or D liquid cargo, Cargo pumprooms on tank vessels han- cargo pumps shall be isolated from dling Grade A, B, or C liquid cargo, source of vapor ignition by gastight shall be equipped with power ventila- bulkheads. A gastight bulkhead be- tion of the exhaust type having capac- tween the pumproom and the pump en- ity sufficient to effect a complete gine room may be pierced for drive change of air in not more than 3 min- shaft and pump engine control rods utes based upon the volume of the provided such openings are fitted with pumproom and associated trunks up to stuffing boxes or other approved gland the deck at which access from the arrangement. A steam driven pump weather is provided. shall not be considered a source of (2) The power ventilation units shall vapor ignition provided the steam tem- not produce a source of vapor ignition perature does not exceed 500 °F. in either the pumproom or the ventila- (b) Ventilation for pumprooms on tank tion systems associated with the pump- vessels the construction or conversion of room. Inlets to exhaust ducts shall be which is started between July 1, 1951, and provided and located near the floor January 1, 1963. (1) Pumprooms of all level at points where concentrations of tank vessels, the construction or con- vapors may be expected. Ventilation version of which is started between from the weather deck shall be pro- July 1, 1951, and January 1, 1963, shall vided. Power supply ventilation may be be ventilated in such a way as to re- fitted in lieu of natural ventilation, move vapors from points near the floor but when fitted shall be arranged to level or bilges. Pumprooms on tank- avoid turbulence in the cargo pump- ships handling Grade A, B, or C liquid room. Cargo pumprooms equipped with cargo, with machinery located below power ventilation shall have the ven- the freeboard deck, shall be equipped tilation outlets terminate more than 6 with power ventilation. Pumprooms feet from any opening to the interior

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part of the vessel which normally con- saddles or on foundations of steel or tains sources of vapor ignition, and other suitable material and securely shall be so located as to minimize the attached in place to preclude the cargo possibility of recirculating contami- from being damaged or shifting as a re- nated air through the pumproom. sult of collision. The arrangement shall (3) Cargo pumprooms handling Grade be such as to permit longitudinal and D and/or E liquid cargo only shall be circumferential, or athwartship and fitted with at least two ducts extended vertical, expansion of the cargo tanks. to the weather deck, one of which shall Each tank shall be supported so as to be extended to a point near the floor prevent the concentration of excessive level. This does not preclude installa- loads on the supporting portion of the tion of power ventilation, if desired. shell. (4) The ventilation required in this paragraph shall be sufficient to prop- § 32.60–35 Tank vessels carrying Grade erly ventilate the pumproom with the A liquid cargo—TB/ALL. access openings closed. (a) Grade A liquids having a Reid (d) Access. The access to a cargo vapor pressure in excess of 25 pounds pumproom in a tank vessel carrying per square inch shall be transported in Grade A, B, C, or D liquid cargo shall cargo tanks which are independent of be from the open deck. the hull. (b) Barges carrying Grade A liquids [CGFR 65–50, 30 FR 16671, Dec. 30, 1965, as amended by CGFR 70–143, 35 FR 19905, Dec. having a Reid vapor pressure in excess 30, 1970] of 25 pounds per square inch shall be of a Type III barge hull as defined in § 32.60–25 Living quarters—TB/ALL. § 32.63–5(b)(3). For living quarters the partitions [CGFR 70–10, 35 FR 3709, Feb. 25, 1970] and sheathing shall be of an approved fire resistive construction. The speci- § 32.60–40 Construction and testing of fication for incombustible materials is cargo tanks and bulkheads—TB/ in subchapter Q (Specifications) of this ALL. chapter. (a) All cargo tanks vented at gage [CGFR 65–50, 30 FR 16671, Dec. 30, 1965, as pressure of 4 pounds per square inch or amended by CGD 95–028, 62 FR 51198, Sept. 30, less shall be constructed and tested as 1997] required by standards established by the American Bureau of Shipping or § 32.60–30 Tank vessels with inde- other recognized classification society. pendent tanks—TB/ALL. The design of cargo tanks integral with (a) Independent cargo tanks may be the hull and vented at a gage pressure located in hold spaces or in other cargo exceeding 4 pounds per square inch but tanks; however, a working space of at not exceeding 10 pounds per square least 15 inches shall be maintained inch gage pressure will be given special around each independent tank, or else consideration by the Commandant. provisions shall be made for moving (b) Cargo tanks vented at a gage such tanks to furnish such working pressure exceeding 10 pounds per space, except that less than 15 inches square inch are considered to be pres- around such tanks may be permitted if sure vessels and shall be of cylindrical in the judgment of the Officer in or similar design and shall meet the re- Charge, Marine Inspection, having ju- quirements of subchapter F (Marine risdiction, a satisfactory inspection of Engineering) of this chapter. the cargo tanks and hull structure can [CGFR 65–50, 30 FR 16671, Dec. 30, 1965, as be made. amended by CGFR 68–82, 33 FR 18805, Dec. 18, (b) When an independent cargo tank 1968] is located in an enclosed space other than a cargo tank, such enclosed space § 32.60–45 Segregation of spaces con- shall be considered as equivalent to a taining the emergency source of pumproom and shall be safeguarded as electric power—TB/ALL. such as required by this subpart. (a) The provisions of this section (c) Cargo tanks independent of the shall apply to all vessels contracted for hull structure shall be supported in on or after October 1, 1958.

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(b) When a compartment containing (1) Type I barge hull. Barge hulls the emergency source of electric classed as Type I are those designed to power, or vital components thereof, ad- carry products which require the max- joins a space containing either the imum preventive measures to preclude ship’s service generators or machinery the uncontrolled release of the cargo to necessary for the operation of the the waterways and/or atmosphere. ship’s service generators, all common (2) Type II barge hull. Barge hulls bulkheads and/or decks shall be pro- classed as Type II are those designed to tected by approved ‘‘structural insula- carry products which require substan- tion’’ or other approved material. This tial preventive measures to preclude protection shall be such as to be capa- uncontrolled release to the atmos- ble of preventing an excessive tempera- phere, but whose uncontrolled release ture rise in the space containing the to the waterways does not constitute a emergency source of electric power, or longlasting public or operating per- vital components thereof, for a period sonnel hazard, though local and tem- of at least one hour in the event of fire porary pollution may occur. in the adjoining space. Bulkheads or (3) Type III barge hull. Barge hulls decks meeting Class A-60 requirements, classed as Type III are those designed as defined by § 72.05–10 of subchapter H to carry products of sufficient hazard (Passenger Vessels) of this chapter, to require a moderate degree of con- will be considered as meeting the re- trol. quirements of this paragraph. § 32.63–8 Alternative arrangements—B/ ALL. Subpart 32.63—Hull and Cargo Tank Requirements for Tank (a) Alternative arrangements, dif- fering from those specifically required Barges Constructed or Con- by this subpart, may be considered and verted On or After July 1, approved by the Commandant, if it is 1964, and Carrying Certain demonstrated to his satisfaction that a Dangerous Bulk Cargoes degree of safety is obtained which is consistent with the intent of this sub- § 32.63–1 Application—B/ALL. part. (a) The requirements of this subpart shall apply to all tank barges, the con- § 32.63–10 Rakes and coamings—B/ ALL. struction or conversion of which is started on or after July 1, 1964, and car- (a) Each barge hull shall be con- rying those cargoes listed in Table structed with a suitable blow form 30.25–1 which are defined as: (length, shape, and height of headlog) (1) Flammable liquids having a Reid to protect against diving at the max- vapor pressure in excess of 25 pounds imum speed at which the barge is de- per square inch, absolute, in inde- signed to be towed. In any integrated pendent tanks (part 32). tow, only the lead barge need comply (2) Liquefied flammable gases (part 38 with this requirement. In any case, the of this subchapter). operator of the towing vessel shall be guided by appropriate speed limita- [CGFR 70–10, 35 FR 3709, Feb. 25, 1970] tions. (b) All open hopper type barge hulls § 32.63–5 Barge hull classifications—B/ shall be provided with coamings around ALL. the hopper space and, additionally, a (a) Each barge subject to the provi- 36-inch minimum height plowshare sion of this subpart shall be assigned a breakwater on the forward rake. hull type number. The Commandant Coamings shall have a minimum will designate the barge hull types to height of 36 inches forward graduated be used for carrying cargoes in order to to a minimum height of 24 inches at insure that the vessel is designed con- midlength and 18 inches thereafter. sistent with the degree and nature of the hazard of the commodity carried. § 32.63–20 Hull structure—B/ALL. (b) For this purpose the barge hull (a) General. In addition to complying types shall be as follows: with the requirements of § 32.60–1, as

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applicable, barge hulls of Types I and II being damaged in the event of colli- shall comply with the provisions of sion. This protection shall be obtained this section. by locating the cargo tanks not less (b) Types I and II barge hull. Under an than 4 feet from the side shell and box- assumed grounding condition such that end for Type I hulls and 3 feet for Type the forward rake bulkhead rests upon a II barge hulls, and not less than 25 feet pinnacle at the water surface, the max- from the headlog at the bow for both imum hull bending stress shall not ex- types. ceed the following limits: (c) Cargo tank design—(1) Types I and (1) Independent tanks may be in- II barge hulls. (i) In addition to require- stalled in such a manner that they do ments provided for in applicable regu- not contribute to the strength and lations for a specific commodity, car- stiffness of the barge. In such case, the goes subject to the provisions of this hull stress shall not exceed either 50 subpart shall be transported in cargo percent of the minimum ultimate ten- tanks meeting the requirements of this sile strength of the material or 70 per- paragraph. Pressure vessel-type cargo cent of the yield strength when speci- tanks shall have sufficient additional fied, whichever is greater. strength so as to limit the maximum (2) The Commandant may consider a combined tank stress, including saddle reduction in hull stress when inde- horn and bending stresses, to 1.5 times pendent tanks are installed in such a the maximum allowable hoop stress in manner as to contribute to the still water, and to the yield strength of strength and stiffness of the barge and the tank material or 70 percent of the this is accounted for in determining minimum ultimate tensile strength of the effective section modulus of the the tank material, if less, in the barge. In such case, the hull stress grounded condition as required by shall not exceed the percentage stress § 32.63–20(b). values prescribed in paragraph (b)(1) of (ii) Gravity type cargo tanks shall this section multiplied by the quantity have sufficient additional strength to (1.5¥SWT/UTS), where SWT is the limit the maximum combined tank stress calculated without including the stress, including saddle horn and bend- effect of the tanks, and UTS is the ing stresses, to the yield strength of minimum ultimate tensile strength of the tank material or 70 percent of the the material. The value SWT, however, minimum ultimate tensile strength of shall in no case be more than 75 per- the tank material, if less, in the cent of UTS. grounded condition as required by § 32.63–20(b). § 32.63–25 Cargo tanks and supports— (2) Type III barge hulls. In addition to B/ALL. the requirements of this paragraph, (a) General. Saddles and hold-down pressure vessel-type cargo tanks shall securing straps for independent cargo have sufficient additional strength so tanks shall be designed to prevent tank as to limit the maximum combined failure due to loads induced in the sad- stress, including saddle horn and bend- dles or straps by barge deflection. ing stresses, to 1.5 times the maximum (b) Collision protection. (1) All inde- allowable hoop stress. pendent cargo tanks installed on Type I and Type II barge hulls shall be pro- Subpart 32.65—Hull Requirements tected with suitable collision chocks or collision straps to withstand a longitu- for Tank Vessels Constructed dinal collision load of one and one-half On or After November 10, times the weight of the tank and cargo. 1936, and Prior to July 1, All other independent cargo tanks 1951 shall be provided with suitable collision chocks or collision straps to with- § 32.65–1 Application—TB/ALL. stand a longitudinal collision load The requirements in this subpart equal to the weight of the tank and apply to all tank vessels, the construc- cargo. tion or conversion of which was started (2) All cargo tanks shall be so located on or after November 10, 1936, and prior as to reduce the likelihood of their to July 1, 1951.

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§ 32.65–5 Scantlings, material, and § 32.65–30 Tank vessels with inde- workmanship—TB/ALL. pendent tanks—TB/ALL. The hull and deck houses shall be of Independent cargo tanks may be lo- steel or iron construction except that cated in hold spaces or in other cargo the pilothouse and decks over quarters tanks but in all cases a working space may be constructed of wood. of at least 15 inches shall be provided Scantlings, material, and workman- around such independent tanks, or else ship, subdivision of cargo spaces, fit- provisions shall be made for moving ting of cofferdams, and testing of tanks them to secure such space. When inde- shall be at least equivalent to the re- pendent cargo tanks are located in an quirements of the American Bureau of enclosed space other than a cargo tank, Shipping or other recognized classifica- such enclosed space shall be considered tion society. as equivalent to a pumproom, and shall be safeguarded as such, as required in § 32.65–10 Subdivision of cargo space— the regulations in this subchapter. TB/ALL. The cargo space shall be divided into § 32.65–35 Tank vessels carrying Grade tight compartments as necessary to A liquids—TB/ALL. avoid excessive stresses and to provide Cargo tanks for Grade A liquids hav- stability. ing a Reid vapor pressure in excess of 25 pounds shall be independent of the § 32.65–15 Cofferdams—TB/ALL. hull. Tank vessels equipped to carry Grade A, B, C, or D liquids shall have their § 32.65–40 Construction and testing of galleys, living quarters, general cargo cargo tanks and bulkheads—TB/ spaces, boiler rooms, and enclosed ALL. spaces containing propelling machin- (a) All cargo tanks to be vented at ery or other machinery where sources gage pressures of 4 pounds per square of vapor ignition are normally present, inch or less shall be constructed and segregated from their cargo tanks by tested as required by the requirements cofferdams or equivalent pumprooms, of the American Bureau of Shipping or tanks, or air spaces. other recognized classification society. (b) All cargo tanks to be vented at § 32.65–20 Pumprooms—TB/ALL. gage pressures above 4 pounds per (a) Tank vessels handling Grade A, B, square inch shall be considered as pres- C, or D liquids shall have their cargo sure vessels and shall meet the require- pumps isolated from all sources of ments for such vessels as to construc- vapor ignition by gastight bulkheads. tion and testing, as set forth in sub- Totally enclosed motors of the ‘‘explo- chapter F (Marine Engineering) of this sion proof’’ type, motors ventilated on chapter. both the intake and exhaust by ducts (c) Gastight bulkheads shall be sub- to atmosphere, and engines driven by jected to a thorough hose test. steam shall not be considered to be [CGFR 65–50, 30 FR 16671, Dec. 30, 1965, as sources of vapor ignition. The gastight amended by CGFR 68–82, 33 FR 18805, Dec. 18, bulkhead between the pumproom and 1968] the pump-engine compartment may be pierced by fixed lights, drive shaft and pump-engine control rods, provided Subpart 32.70—Hull Requirements that the shafts and rods are fitted with for Steel Hull Tank Vessels stuffing boxes where they pass through Constructed Prior to Novem- the gastight bulkheads. The access to a ber 10, 1936 cargo pumproom handling such liquids shall be from the open deck. (See § 32.70–1 Application—TB/ALL. § 32.60–20.0.) All steel hull tank vessels, the construction or conversion of which was § 32.65–25 Living quarters—TB/ALL. started prior to November 10, 1936, Partitions and sheathing shall be of shall conform to the requirements in approved fire-resistive construction. this subpart.

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§ 32.70–5 Hull requirements; general— § 32.70–25 Cargo tanks—TB/ALL. TB/ALL. Cargo tanks shall comply with the The scantlings, material, and work- conditions specified in §§ 32.65–30 and manship, the subdivision of cargo 32.65–35, and shall pass the tests re- spaces, the arrangement of cofferdams, quired in § 32.65–40: Provided, however, the testing of tanks and cofferdams, That less than 15 inches around such shall be at least equivalent to the re- tanks may be accepted if in the judg- quirements of a recognized classifica- ment of the Officer in Charge, Marine tion society for the particular service Inspection, making the inspection, a specified in the application for the cer- satisfactory inspection of the cargo tificate of inspection and permit for tanks and hull structure can be made. the transportation of liquid flammable cargoes in bulk as of the date when the Subpart 32.75—Hull Requirements tank vessel was built or as of the date for Wood Hull Tank Vessels when the vessel was converted into a tank vessel. In the absence of such Constructed Prior to Novem- classification requirements, the Officer ber 10, 1936 in Charge, Marine Inspection, shall sat- § 32.75–1 Application—TB/ALL. isfy himself that the vessel’s structure as specified in this section is safe for All wood hull tank vessels, the con- the service to be specified in its certifi- struction or conversion of which was cate of inspection. started prior to November 10, 1936, shall conform to the requirements in [CGFR 66–33, 31 FR 15268, Dec. 6, 1966] this subpart.

§ 32.70–10 Cofferdams—TB/ALL. § 32.75–5 Hull requirements; general— Tank vessels carrying Grade A, B, or TB/ALL. C liquids shall be required to conform The scantlings, material, and work- to the construction requirements in re- manship, and the fitting and fastening gard to vertical cofferdams in § 32.65–15, of parts shall be at least equivalent to except that a dry cargo compartment the requirements of a recognized clas- shall be considered to be equivalent to sification society for the particular a cofferdam, and except as provided for service specified in the application for in § 32.70–20. certificate of inspection and permit for the transportation of liquid flammable § 32.70–15 Pumprooms—TB/ALL. cargoes in bulk as of the date when the Tank vessels handling Grade A, B, C tank vessel was built, or as of the date or D liquid cargo shall meet the re- when the vessel was converted into a quirements for tank vessels in § 32.65–20 tank vessel. In the absence of such except that the electrical installation classification requirements, the Officer shall comply with the requirements of in Charge, Marine Inspection, shall sat- § 32.45–10(c). isfy himself that the vessel’s structure as specified in this section is safe for § 32.70–20 Pump-engine compart- the service to be specified in its certifi- ment—TB/ALL. cate of inspection. No cofferdam will be required between a cargo tank and a compartment § 32.75–10 Cargo tanks—TB/ALL. containing pumping engines and their Cargo tanks shall be independent of auxiliaries which are used exclusively the wood hull, shall be made of steel or during pumping operations, provided iron, and shall pass the tests required the pumping engine compartment con- in § 32.65–40 (a), (b). Where cargo tanks tains no cargo valves and is well venti- in wood hulls are not arranged to pro- lated and provided further that inter- vide working space around them they nal combustion exhaust within the shall be so constructed as to allow in- compartment are completely water spection of the hull, tanks, and bilges, jacketed or insulated and that gasoline and they shall be so installed that they engine intakes are fitted with effective can be moved to allow repairs to the flame arresters. hull structure and to themselves.

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§ 32.75–15 Electric bonding and Subpart 32.85—Lamp and Paint grounding for tanks—TB/ALL. Rooms and Similar Compart- All independent cargo tanks in wood ments on Tankships hull tank vessels shall be electrically bonded together with stranded copper § 32.85–1 Fireproofing of lamp, oil and paint rooms—T/ALL. cable of not less than No. 4B and S gage and one end of this cable shall be Lamp, oil and paint rooms shall be grounded to a copper or brass plate of wholly and tightly lined with metal. not less than 2 square feet in area and one-sixteenth inch in thickness and Subpart 32.90—Pilot Boarding this plate shall be securely fastened to Equipment the hull, on the outside, at a point where it shall be covered by water § 32.90–1 Pilot boarding equipment. when the tank vessel is unloaded. (a) This section applies to each vessel that normally embarks or disembarks § 32.75–20 Hold spaces and bulk- a pilot from a pilot boat or other ves- heads—TB/ALL. sel. In wood hull tank vessels containing (b) Each vessel must have suitable pilot boarding equipment available for independent cargo tanks for the trans- use on each side of the vessel. If a ves- portation of Grade A, B, C, or D liquids, sel has only one set of equipment, the the hold spaces shall be considered as equipment must be capable of being equivalent to a pumproom and shall be easily transferred to and rigged for use safeguarded and ventilated as such as on either side of the vessel. required by § 32.65–20. Where the hold (c) Pilot boarding equipment must be spaces contain equipment or operations capable of resting firmly against the which are sources of vapor ignition, vessel’s side and be secured so that it is such equipment or operations shall be clear from overboard discharges. isolated from other spaces by gastight (d) Each vessel must have lighting bulkhead or, if it is impracticable to positioned to provide adequate illu- construct a gastight bulkhead, two mination for the pilot boarding equip- structurally tight bulkheads without ment and each point of access. openings, separated by a well-venti- (e) Each vessel must have a point of lated air space 24 inches wide, where access that has: possible may be used. (1) A gateway in the rails or bulwark with adequate handholds; or (2) Two handhold stanchions and a Subpart 32.80—Tank Barges Con- bulwark ladder that is securely at- structed of Materials Other tached to the bulwark rail and deck. Than Steel or Iron (f) The pilot boarding equipment required by paragraph (b) of this section § 32.80–1 General requirements—B/ must include at least one pilot ladder ALL. approved under subpart 163.003 of this All tank barges with hulls con- chapter. Each pilot ladder must be of a structed of materials other than iron single length and capable of extending or steel, the construction or conversion from the point of access to the water’s of which was started prior to Sep- edge during each condition of loading tember 2, 1945, and to which certifi- and trim, with an adverse list of 15°. cates of inspection were issued prior to (g) Whenever the distance from the March 2, 1946, shall be considered the water’s edge to the point of access is same as tank barges constructed prior more than 30 feet, access from a pilot ladder to the vessel must be by way of to November 10, 1936. an accommodation ladder or equally safe and convenient means. (h) Pilot hoists, if used, must be approved under subpart 163.002 of this chapter. [CGD 79–032, 49 FR 25455, June 21, 1984]

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PART 34—FIREFIGHTING 34.20–3 Cargo area definition—T/ALL. 34.20–5 Quantity of foam required—T/ALL. EQUIPMENT 34.20–10 Controls—T/ALL. 34.20–15 Piping—T/ALL. Subpart 34.01—General 34.20–20 Discharge outlets—T/ALL. 34.20–25 Foam monitor capacity—T/ALL. Sec. 34.01–1 Applicability—TB/ALL. 34.20–90 Installations contracted for prior to 34.01–5 Equipment installed but not re- January 1, 1970—T/ALL. quired—TB/ALL. 34.01–10 Protection for unusual arrange- Subpart 34.25—Water Spray Extinguishing ments or special products—TB/ALL. Systems, Details 34.01–15 Incorporation by reference. 34.25–1 Application—T/ALL. Subpart 34.05—Firefighting Equipment, 34.25–5 Capacity and arrangement—T/ALL. Where Required 34.25–10 Controls—T/ALL. 34.25–15 Piping—T/ALL. 34.05–1 Fire main system—T/ALL. 34.25–20 Spray nozzles—T/ALL. 34.05–5 Fire-extinguishing systems—T/ALL. 34.25–90 Installations contracted for prior to 34.05–10 Portable and semiportable extin- January 1, 1964—T/ALL. guishers—TB/ALL. 34.05–20 Fire axes—T/ALL. Subpart 34.30—Automatic Sprinkler Systems, Details Subpart 34.10—Fire Main System, Details 34.30–1 Application—TB/ALL. 34.10–1 Application—TB/ALL. 34.10–5 Fire pumps—T/ALL. Subpart 34.50—Portable and Semiportable 34.10–10 Fire station hydrants, hose and noz- Extinguishers zles—T/ALL. 34.10–15 Piping—T/ALL. 34.50–1 Application—TB/ALL. 34.10–90 Installations contracted for prior to 34.50–5 Classification—TB/ALL. May 26, 1965—T/ALL. 34.50–10 Location—TB/ALL. 34.50–15 Spare charges—TB/ALL. Subpart 34.13—Steam Smothering System 34.50–20 Semiportable fire extinguishers— TB/ALL. 34.13–1 Application—T/ALL. 34.50–90 Vessels contracted for prior to Jan- Subpart 34.15—Carbon Dioxide uary 1, 1962—TB/ALL. Extinguishing Systems, Details Subpart 34.60—Fire Axes 34.15–1 Application—T/ALL. 34.60–1 Application—T/ALL. 34.15–5 Quantity, pipe sizes, and discharge 34.60–5 Number required—T/ALL. rates—T/ALL. 34.60–10 Location—T/ALL. 34.15–10 Controls—T/ALL. 34.15–15 Piping—T/ALL. AUTHORITY: 46 U.S.C. 3306, 3703; E.O. 12234, 34.15–20 Carbon dioxide storage—T/ALL. 45 FR 58801, 3 CFR, 1980 Comp., p. 277; De- 34.15–25 Discharge outlets—T/ALL. partment of Homeland Security Delegation 34.15–30 Alarms—T/ALL. No. 0170.1. 34.15–35 Enclosure openings—T/ALL. 34.15–40 Pressure relief—T/ALL. SOURCE: CGFR 65–50, 30 FR 16694, Dec. 30, 34.15–90 Installations contracted for prior to 1965, unless otherwise noted. January 1, 1962—T/ALL. Subpart 34.01—General Subpart 34.17—Fixed Foam Extinguishing Systems, Details § 34.01–1 Applicability—TB/ALL. 34.17–1 Application—T/ALL. (a) The provisions of this part shall 34.17–5 Quantity of foam required—T/ALL. apply to all tank vessels except as oth- 34.17–10 Controls—T/ALL. erwise noted in this part. 34.17–15 Piping—T/ALL. 34.17–20 Discharge outlets—T/ALL. [CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as 34.17–25 Additional protection required—T/ amended by CGD 88–032, 56 FR 35821, July 29, ALL. 1991] 34.17–90 Installations contracted for prior to January 1, 1962—T/ALL. § 34.01–5 Equipment installed but not required—TB/ALL. Subpart 34.20—Deck Foam System, Details (a) Where firefighting equipment is 34.20–1 Application—T/ALL. not required, but is installed, the

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equipment and its installation shall be (1) NFPA 13–1996, Standard for the In- of an approved type. stallation of Sprinkler Systems, incorporation by reference approved for § 34.01–10 Protection for unusual ar- § 34.30–1. rangements or special products— (2) [Reserved] TB/ALL. [USCG–2009–0702, 74 FR 49227, Sept. 25, 2009] (a) The provisions of this part con- template fire protection for tank vessels of conventional design carrying Subpart 34.05—Firefighting the usual liquid petroleum products in Equipment, Where Required internal tanks. Whenever unusual ar- § 34.05–1 Fire main system—T/ALL. rangements exist or special cargoes are carried upon which the vessel’s normal (a) Fire pumps, piping, hydrants, firefighting equipment will be ineffec- hose and nozzles shall be installed on tive, additional suitable firefighting all tankships. equipment of approved type shall be (b) The arrangements and details of carried. the fire main system shall be as set forth in subpart 34.10. § 34.01–15 Incorporation by reference. [CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as (a) Certain material is incorporated amended by CGD 77–057a, 44 FR 66502, Nov. by reference into this part with the ap- 19, 1979] proval of the Director of the Federal § 34.05–5 Fire-extinguishing systems— Register under 5 U.S.C. 552(a) and 1 T/ALL. CFR part 51. To enforce any edition (a) Approved fire extinguishing sys- other than that specified in this sec- tems must be installed on all tankships tion, the Coast Guard must publish no- in the following locations. Previously tice of change in the FEDERAL REG- approved installations may be retained ISTER and the material must be avail- as long as they are maintained in good able to the public. All approved mate- condition to the satisfaction of the Of- rial is available for inspection at the ficer in Charge, Marine Inspection. National Archives and Records Admin- (1) Dry cargo compartments. A carbon istration (NARA). For information on dioxide or water spray system must be the availability of this material at installed for the protection of all dry NARA, call 202–741–6030 or go to http:// cargo compartments. Where such com- www.archives.gov/federallregister/ partments are readily accessible by codeloflfederallregulations/ means of doors such spaces need be pro- ibrllocations.html. Also, it is available tected only by the fire main system. for inspection at the Coast Guard, Of- (2) Cargo tanks. A deck foam system fice of Design and Engineering Stand- must be installed for the protection of ards (CG–521), 2100 2nd St. SW., Stop all cargo tank spaces. Where a deck 7126, Washington, DC 20593–7126, 202– foam system is installed, an approved 372–1405, and is available from the inert gas, steam or other system may sources listed below. also be installed for the purposes of fire (b) American Society for Testing and prevention or inerting of cargo tanks. Materials (ASTM), 100 Barr Harbor For vessels under 100 feet in length, the Drive, West Conshohocken, PA 19428– semiportable equipment required by 2959, telephone 610–832–9585, http:// footnote 1 of table 34.05–5(a) will be www.astm.org. considered as meeting the require- (1) ASTM F 1121–87 (Reapproved 1993), ments of this subparagraph. Standard Specification for Inter- (3) Lamp and paint lockers and similar national Shore Connections for Marine spaces. A carbon dioxide or water spray Fire Applications, 1987, incorporation system must be installed in all lamp by reference approved for § 34.10–15. and paint lockers, oil rooms, and simi- (2) [Reserved] lar spaces. (c) National Fire Protection Associa- (4) Pump rooms. A carbon dioxide, tion (NFPA), 1 Batterymarch Park, inert gas, foam or water spray system Quincy, MA 02269–9101, telephone 800– must be installed for the protection of 344–3555, http://www.nfpa.org. all pumprooms.

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(5) Boilerrooms. On tankships con- as set forth in subparts 34.10 through tracted for on or after November 19, 34.20. 1952, a carbon dioxide or foam system [CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as shall be installed for the protection of amended by CGFR 67–90, 33 FR 1015, Jan. 26, all spaces containing oil fired boilers, 1968; CGD 77–057a, 44 FR 66502, Nov. 19, 1979; either main or auxiliary, their fuel oil CGD 95–027, 61 FR 25998, May 23, 1996] service pumps and/or such fuel oil units as the heaters, strainers, valves, mani- § 34.05–10 Portable and semiportable folds, etc., that are subject to the dis- extinguishers—TB/ALL. charge pressure of the fuel oil service (a) All portable and semiportable ex- pumps. tinguishers on board tank vessels shall (6) Machinery spaces. A carbon dioxide be of an approved type. system shall be installed for the pro- (b) The type, size, location and ar- tection of machinery spaces containing rangement of portable and internal combustion propelling engines semiportable extinguishers shall be as using fuel having a flashpoint of less set forth in subpart 34.50. than 110 degrees F. [CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as (7) Internal combustion installations. amended by CGFR 70–143, 35 FR 19905, Dec. Fire-extinguishing systems shall be 30, 1970] provided for internal combustion in- § 34.05–20 Fire axes—T/ALL. stallations in accordance with the following: (a) Fire axes shall be provided on all (i) If a fire-extinguishing system is tankships. installed to protect an internal com- (b) The location and arrangement of bustion installation, the system shall fire axes shall be as set forth in subpart be of the carbon dioxide type. 34.60. (ii) On vessels of 1,000 gross tons and over on an international voyage, the Subpart 34.10—Fire Main System, construction or conversion of which is Details contracted for on or after May 26, 1965, a fixed carbon dioxide system shall be § 34.10–1 Application—TB/ALL. installed in all spaces containing inter- (a) On all tankships the provisions of nal combustion or gas turbine main this subpart, with the exception of propulsion machinery, auxiliaries with § 34.10–90, shall apply to all fire main an aggregate power of 1,000 b.h.p. or installations contracted for on or after greater, or their fuel oil units, includ- May 26, 1965. Installations contracted ing purifiers, valves, and manifolds. for prior to May 26, 1965, shall meet the (iii) On vessels of 1,000 gross tons and requirements of § 34.10–90. over, the construction, conversion or (b) If a fire main system is installed automation of which is contracted for on a tank barge, the system shall meet on or after January 1, 1968, a fixed car- the intent of this subpart insofar as bon dioxide system shall be installed in reasonable and practicable. all spaces containing internal combus- § 34.10–5 Fire pumps—T/ALL. tion or gas turbine main propulsion machinery, auxiliaries with an aggre- (a) Tankships shall be equipped with gate power of 1,000 b.h.p. or greater, or independently driven fire pumps in ac- their fuel oil units, including purifiers, cordance with table 34.10–5(a). valves and manifolds. TABLE 34.10–5(a)—FIRE PUMPS (8) Enclosed ventilating system. On tankships contracted for on or after Size vessel, Minimum hy- January 1, 1962, where an enclosed ven- L.O.A. (feet) Minimum Powerful drant and hose number of streams size (inches) tilating system is installed for electric Not pumps of water Over— per pump Exterior Interior propulsion motors or generators, a car- over— stations stations bon dioxide extinguishing system shall be installed in such system. 100 (1) ...... 100 250 2 1 3 2 11⁄2 11⁄2 (b) The arrangements and details of 250 400 2 3 2 11⁄2 11⁄2 the fire-extinguishing systems shall be 400 650 2 3 2 4 21⁄2 11⁄2

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TABLE 34.10–5(a)—FIRE PUMPS—Continued the fire main can be met simultaneously. Size vessel, Minimum hy- L.O.A. (feet) Powerful drant and hose (g) On all vessels where two fire Minimum streams size (inches) pumps are required, they shall be lo- number of of water Over— Not pumps per pump Exterior Interior cated in separate spaces, and the ar- over— stations stations rangement of pumps, sea connections, and sources of power shall be such as to 650 ...... 2 3 3 4 21⁄2 11⁄2 insure that a fire in any one space will 1 Vessels of 65 feet and not over 100 feet shall be equipped with 2 B-V extinguishers. (Refer to Table 34.50–5(c).) Vessels not put all of the fire pumps out of op- under 65 feet shall be equipped with 1 B-V extinguisher. eration. However, where it is shown to (Refer to Table 34.50–5(c).) 2 Vessels of 1,000 gross tons and over on an international the satisfaction of the Commandant voyage shall have at least 2 fire pumps. that it is unreasonable or impracti- 3 From hydrants having greatest pressure drop between fire-pump(s) and nozzles. cable to meet this requirement due to 4 Where 21⁄2-inch hydrant size is required, two 11⁄2-inch out- the size, or arrangement of the vessel, lets may be substituted therefor with two 11⁄2-inch hoses. or for other reasons, the installation of (b) Each pump shall be capable of de- a total flooding carbon dioxide system livering simultaneously the number of may be accepted as an alternate meth- streams of water required by table od of extinguishing any fire which 34.10–5(a) from the outlets having the would affect the powering and oper- greatest pressure drop between fire ation of at least one of the required fire pump(s) and nozzles at a Pitot tube pumps. pressure of approximately 75 p.s.i. [CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as 1 Where 1 ⁄2-inch hose is permitted in lieu amended by CGD 95–028, 62 FR 51199, Sept. 30, of 21⁄2-inch hose by footnote 3 of Table 1997] 34.10–5(a), the pump capacity shall be determined on the basis that both § 34.10–10 Fire station hydrants, hose hoses are used. and nozzles—T/ALL. (c) On tankships of 1,000 gross tons (a) The size of fire station hydrants and over on an international voyage, and hose required shall be as noted in each required fire pump, while deliv- Table 34.10–5(a). ering water through the fire main sys- (b) Fire hydrants shall be of suffi- tem at a pressure corresponding to cient number and so located that any that required by § 34.10–15(e), shall have part of living quarters, storerooms, a minimum capacity of at least two- working spaces and weather decks ac- thirds of that required for an inde- cessible to crew while at sea may be pendent bilge pump if no length correc- reached with two effective spray pat- tion is taken for the cargo tank space. terns of water, one of which shall be However, in no case shall the capacity from a single 50-foot length of hose. In of each fire pump be less than that oth- main machinery spaces all portions of erwise required by this section. such spaces shall be capable of being (d) Fire pumps shall be fitted on the reached by at least 2 effective spray discharge side with relief valves set to patterns of water, each of which shall relieve at 25 p.s.i. in excess of the pres- be from a single 50-foot length of hose sure necessary to maintain the require- from separate outlets. ments of paragraph (b) of this section. (c) The outlets at the fire station hy- (e) Fire pumps shall be fitted with a drant shall be limited to any position pressure gage on the discharge side of from the horizontal to the vertical the pumps. pointing downward so that hose will (f) Fire pumps may be used for other lead horizontally or downward to mini- purposes provided at least one of the mize possibility of kinking. required pumps is kept available for (d) All fire station hydrants shall be use on the fire system at all times. In equipped with spanners suitable for use no case shall a pump having connection on the hose at that station. to an oil line be used as a fire pump. (e) Each fire station hydrant must Branch lines connected to the fire main have at least 1 length of firehose. Each for purposes other than fire and deck firehose on the hydrant must have a wash shall be arranged so that the re- combination solid stream and water quirements of paragraph (b) of this sec- spray firehose nozzle that meets the re- tion and any other services installed on quirements in subpart 162.027 of this

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chapter. Firehose nozzles previously be increased in length if necessary to approved under subpart 162.027 of this enable a single length to be goose- chapter may be retained so long as necked over each side of the vessel. If they are maintained in good condition two fire mains are installed on the to the satisfaction of the Officer in weather decks, the length of hose shall Charge, Marine Inspection. A suitable be such that it may be goose-necked hose rack or other device must be pro- over the side from the nearest fire vided. Hose racks on weather decks main. must be located to afford protection (k) Fire hose when part of the fire from heavy seas. The hose must be equipment shall not be used for any stored in a location that is readily visi- other purpose than fire extinguishing, ble. fire drills, and testing. (l) Fire hose shall be connected to TABLE 34.10–10(e) HYDRANTS WITH COAST outlets at all times. However, in heavy GUARD APPROVED LOW-VELOCITY WATER weather on open decks where no pro- SPRAY APPLICATORS tection is afforded the hose may be re- Number of moved temporarily from the hydrant hydrants Approved and stowed in an accessible location Location with ap- applicator proved ap- length (feet) nearby. While in port, fire hose in way plicators of cargo area shall be kept ready for Living space ...... 1 4 immediate use. The fire hose may be Weather deck ...... 4 10 or 12 temporarily removed when it will Machinery space ...... 2 4 interfere with the handling of cargo. (m) Each section of fire hose used (f) Each combination firehose nozzle after January 1, 1980 must be lined previously approved under subpart commercial fire hose that conforms to 162.027 of this chapter in the locations Underwriters’ Laboratories, Inc. Stand- listed in table 34.10–10(E) must have a ard 19 or Federal Specification ZZ-H- low-velocity water spray applicator 451E. Hose that bears the label of Un- also previously approved under subpart derwriters’ Laboratories, Inc. as lined 162.027 of this chapter that is of the fire hose is accepted as conforming to length listed in that table. this requirement. Each section of re- (g) The pipes and fire station hy- placement fire hose or any section of drants shall be so placed that the fire new fire hose placed aboard a vessel hose may be easily coupled to them. after January 1, 1977 must also conform All hydrants shall be so located as to to the specification required by this be readily accessible. If deck cargo is paragraph. carried, it shall not interfere with ac- (n) Coupling shall conform to the recess to the fire station hydrants, and quirements of paragraph (h) of this sec- the pipes shall be arranged as far as tion. practicable to avoid risk of damage by such cargo. (o) Each low-velocity water spray ap- (h) Each fire station hydrant or ‘‘y’’ plicator under paragraph (f) of this sec- branch shall be equipped with a valve tion must have fixed brackets, hooks, so that the hose may be removed while or other means for stowing next to the there is pressure on the fire main. hydrant. (i) Fire station hydrant connections [CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as shall be brass, bronze, or other equiva- amended by CGD 74–60, 41 FR 43151, Sept. 30, lent metal. Couplings shall either: 1976; CGD 76–086, 44 FR 2391, Jan. 11, 1979; (1) Use National Standard fire hose CGD 95–027, 61 FR 25999, May 23, 1996; CGD 95– 028, 62 FR 51199, Sept. 30, 1997] coupling threads for the 11⁄2 inch (38 millimeter) and 21⁄2 inch (64 millimeter) § 34.10–15 Piping—T/ALL. hose sizes, i.e. 9 threads per inch for 11⁄2 inch hose, and 71⁄2 threads per inch for (a) All piping, valves and fittings 21⁄2 inch hose; or shall meet the applicable requirements (2) Be a uniform design for each hose of subchapter F (Marine Engineering) diameter throughout the vessel. of this chapter. (j) Fire hose shall be 50 feet in length (b) An adequate number of valves except on weather decks the hose shall shall be installed to isolate damaged

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sections of piping except on self-pro- §§ 34.10–5 through 34.10–15 insofar as is pelled vessels carrying bulk liquefied reasonable and practicable. gases that must have stop valves: (3) Tankships of less than 500 gross (1) At cross connections; tons shall be equipped with an efficient (2) At the front of the after deck hand pump capable of delivering 50 gal- house; and lons per minute or a power-driven (3) In the cargo area spaced 40 m (131 pump of equivalent capacity. However, ft.) or less between hydrants. on tankships of 20 gross tons or under (c) All distribution valves shall be where it is impracticable to install a marked as required by § 35.40–10 of this hand or power-operated fire pump, or subchapter. on tankships with only one man in the (d) Tankships of 500 gross tons and crew, at least one additional B-II fire over on an international voyage must extinguisher may be accepted in lieu of be provided with at least one inter- a fire pump. national shore connection which meets (4) Tankships of 500 gross tons and ASTM F 1121 (incorporated by ref- over but not over 1,000 gross tons shall erence, see § 34.01–15). Facilities must be provided with one independently be available enabling such a connec- power-driven pump. tion to be used on either side of the (5) Tankships of over 1,000 gross tons vessel. shall be provided with two independ- (e) For tankships on an international ently power-driven pumps. voyage, the diameter of the fire main shall be sufficient for the effective dis- (6) On tankships of 500 gross tons and tribution of the maximum required dis- over, the capacity of the combined fire charge from two fire pumps operating pump installation shall be one-fifth simultaneously. This requirement is in gallon per minute per gross ton of the addition to § 34.10–5(b). The discharge of ship. The maximum total fire pump ca- this quantity of water through hoses pacity required for any tankship shall and nozzles at a sufficient number of be 800 gallons per minute. adjacent hydrants shall be at a min- (7) Each fire pump on a tankship of imum Pitot tube pressure of approxi- 500 gross tons or more must deliver mately 71 pounds per square inch on enough water to the fire main so that self-propelled vessels that carry bulk the topmost outlet on the fire main liquefied gases and approximately 50 emits two jets of water at a Pitot tube pounds per square inch on other tank- pressure of 50 pounds per square inch ships. through two combination solid stream and water spray firehose nozzles meet- [CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as ing paragraph (10) of this section. amended by CGD 74–289, 44 FR 26006, May 3, 1979, CGD 88–032, 56 FR 35821, July 29, 1991; (8) On oil-burning tankships, pro- USCG-2000–7790, 65 FR 58459, Sept. 29, 2000] vided with two fire pumps, where the engine and fire rooms are not entirely § 34.10–90 Installations contracted for separated by iron or steel bulkheads, or prior to May 26, 1965—T/ALL. if fuel can drain from fireroom bilges (a) Installations contracted for prior into the engineroom, one of the fire to January 1, 1962, shall meet the fol- pumps shall be located in an accessible lowing requirements: space separate from the machinery (1) Existing arrangements, materials compartment. On all tankships con- and facilities previously approved shall tracted for on or after November 19, be considered satisfactory so long as 1952, the requirements of paragraph (f) they meet the minimum requirements of § 34.10–5 shall be met. of this paragraph and they are main- (9) Fire hydrant outlets shall have a tained in good condition to the satis- minimum diameter of 11⁄2 inches. faction of the Officer in Charge, Marine (10) Each fire station hydrant on a Inspection. Minor repairs and alter- tankship of 500 gross tons or more must ations may be made to the same stand- have at least 1 length of firehose. Each ards as the original installation. firehose on the hydrant must have a (2) Except as further modified by this combination solid stream and water paragraph, the details of the systems spray firehose nozzle that meets the re- shall be in general agreement with quirements of subpart 162.027. Firehose

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nozzles previously approved under sub- (iii) Meets § 34.10–10(o). part 162.027 of this chapter may be re- [CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as tained so long as they are maintained amended by CGD 76–086, 44 FR 2391, Jan. 11, in good condition to the satisfaction of 1979; CGD 95–027, 61 FR 25999, May 23, 1996] the Officer in Charge, Marine Inspec- tion. Subpart 34.13—Steam Smothering (11) On each tankship of 1000 gross tons or more, the firehose nozzle re- Systems quired by paragraph (a)(10) of this section on each of the following hydrants SOURCE: CGD 95–027, 61 FR 25999, May 23, must have a low-velocity water-spray 1996, unless otherwise noted. applicator that was previously ap- § 34.13–1 Application—T/ALL. proved under subpart 162.027 and that connects to that nozzle when the nozzle Steam smothering fire extinguishing itself was previously approved under systems are not permitted on vessels subpart 162.027— contracted for on or after January 1, (i) At least two hydrants in the Ma- 1962. Previously approved installations chinery and boiler spaces; and may be retained as long as they are (ii) At least 25 percent of other hy- maintained in good condition to the drants. satisfaction of the Officer in Charge, (12) Vessels contracted for on or after Marine Inspection. July 1, 1954, shall meet the requirements of § 34.10–10(h). Subpart 34.15—Carbon Dioxide (b) Installations contracted for on or Extinguishing Systems, Details after January 1, 1962, but prior to May 26, 1965, shall meet the following re- § 34.15–1 Application—T/ALL. quirements: (a) Where a carbon dioxide extin- (1) Existing arrangements, materials, guishing system is installed, the provi- facilities, and equipment, except fire- sions of this subpart, with the excep- hose nozzles, previously approved shall tion of § 34.15–90, shall apply to all in- be considered satisfactory as long as stallations contracted for on or after they meet the minimum requirements January 1, 1962. Installations con- of this paragraph and they are main- tracted for prior to January 1, 1962, tained in good conditions to the satis- shall meet the requirements of § 34.15– faction of the Officer in Charge, Marine 90. Inspection. Minor repairs and alter- (b) The requirements of this subpart ations may be made to the same stand- are based on a ‘‘high pressure system,’’ ards as the original installation. i.e., one in which the carbon dioxide is (2) Each fire station hydrant must stored in liquid form at atmospheric have at least 1 length of firehose. Each temperature. Details for ‘‘low pressure firehose on the hydrant must have a systems,’’ i.e., those in which the car- combination solid stream and water bon dioxide is stored in liquid form at spray firehose nozzle that meets the re- a continuously controlled low tempera- quirements of subpart 162.027. Firehose ture, may be specifically approved by nozzles previously approved under sub- the Commandant where it is dem- part 162.027 of this chapter may be re- onstrated that a comparable degree of tained so long as they are maintained safety and fire extinguishing ability is in good condition to the satisfaction of achieved. the Officer in Charge, Marine Inspec- tion. If the firehose nozzles were pre- § 34.15–5 Quantity, pipe sizes, and dis- viously approved under subpart 162.027, charge rates—T/ALL. each of the number of hydrants in the (a) General. (1) The amount of carbon locations listed in table 34.10–10(E) dioxide required for each space shall be must have a low-velocity water spray as determined by paragraphs (b) applicator that— through (d) of this section. (i) Was previously approved under (b) Total available supply. (1) A sepa- subpart 162.027 of this chapter; rate supply of carbon dioxide need not (ii) Is the length listed in table 34.10– be provided for each space protected. 10(E); and The total available supply shall be at

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least sufficient for the space requiring nal combustion propelling machinery, the greatest amount. or fuel oil installations subject to the (c) Dry cargo spaces. (1) The number discharge pressure of the fuel oil serv- of pounds of carbon dioxide required for ice pump extend into such space, in each space shall be equal to the gross which case the volume shall be taken volume of the space in cubic feet di- to the top of the casing or the next ma- vided by 30. terial reduction in casing area, which- (2) Although separate piping shall be ever is lower. The terms ‘‘normal ma- led to each cargo hold and ’tween deck, chinery casing’’ and ‘‘material reduc- for the purpose of determining the tion in casing area’’ shall be defined as amount of carbon dioxide required, a follows: cargo compartment will be considered (i) By ‘‘normal machinery casing’’ as the space between watertight or shall be meant a casing the area of firescreen bulkheads and from the tank which is not more than 40 percent of top or lowest deck to the deck head of the maximum area of the machinery the uppermost space on which cargo space. may be carried. If a trunk extends be- (ii) By ‘‘material reduction in casing yond such deck, the trunk volume shall area’’ shall be meant a reduction to at be included. Tonnage openings shall be least 40 percent of the casing area. considered as sealed for this purpose. (3) For the purpose of the above re- (3) Branch lines to the various cargo quirements of this paragraph, the vol- holds and ’tween decks shall not be less ume of a pumproom shall include the than 3⁄4-inch standard pipe size. pumproom and all associated trunks up (4) No specific discharge rate need be to the deck at which access from the applied to such systems. weather is provided. (d) Machinery spaces, pumprooms, (4) For tankships on an international paint lockers, and similar spaces. (1) Ex- voyage contracted for on or after May cept as provided in paragraph (d)(4) of 26, 1965, the amount of carbon dioxide this section, the number of pounds of required for a space containing propul- carbon dioxide required for each space sion boilers or internal combustion shall be equal to the gross volume of propulsion machinery shall be as given the space divided by the appropriate by paragraphs (d) (1) and (2) of this sec- factor noted in Table 34.15–5(d)(1). If tion or by dividing the entire volume, fuel can drain from the compartment including the casing, by a factor of 25, being protected to an adjacent com- whichever is the larger. partment, or if the compartments are (5) Branch lines in the various spaces not entirely separate, the requirements shall be noted in Table 34.15–5(d)(5). for both compartments shall be used to determine the amount of carbon diox- TABLE 34.15–5(d)(5) ide to be provided. The carbon dioxide Maximum Maximum shall be arranged to discharge into quantity of Minimum quantity of Minimum carbon diox- pipe sizes, carbon diox- pipe size both such compartments simulta- ide required, inches ide required, inches neously. pounds pounds

100 1⁄2 2,500 21⁄2 TABLE 34.15–5(d)(1) 225 3⁄4 4,450 3 300 1 7,100 31⁄2 Gross volume of compartment, cubic 600 11⁄4 10,450 4 feet Factor 1,000 11⁄2 15,000 41⁄2 Over Not Over 2,450 2 ......

500 15 (6) Distribution piping within the 500 1,600 16 space shall be proportioned from the 1,600 4,500 18 4,000 50,000 20 supply line to give proper distribution 50,000 ...... 22 to the outlets without throttling. (7) The number, type and location of (2) For the purpose of the above re- discharge outlets shall be such as to quirement of this paragraph, the vol- give a uniform distribution throughout ume of a machinery space shall be the space. taken as exclusive of the normal ma- (8) The total area of all discharge chinery casing unless the boiler, inter- outlets shall not exceed 85 percent nor

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be less than 35 percent of the nominal by one control releasing at least the re- cylinder outlet area or the area of the quired amount of carbon dioxide. supply pipe, whichever is smaller. The (e) Where provisions are made for the nominal cylinder outlet area in square simultaneous release of a given amount inches shall be determined by multi- of carbon dioxide by operation of a re- plying the factor 0.0022 by the number mote control, provisions shall also be of pounds of carbon dioxide required, made for manual control at the cyl- except that in no case shall this outlet inders. Where gas pressure from pilot area be less than 0.110 square inches. cylinders is used as a means for releas- (9) The discharge of at least 85 per- ing the remaining cylinders, not less cent of the required amount of carbon than two pilot cylinders shall be used dioxide shall be complete within 2 min- for systems consisting of more than utes. two cylinders. Each of the pilot cyl- [CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as inders shall be capable of manual con- amended at 45 FR 64188, Sept. 29, 1980; CGD trol at the cylinder, but the remaining 95–028, 62 FR 51199, Sept. 30, 1997; USCG-1999– cylinders need not be capable of indi- 6216, 64 FR 53223, Oct. 1, 1999] vidual manual control. (f) Systems of the type indicated in § 34.15–10 Controls—T/ALL. § 34.15–5(d), which are of more than 300 (a) Except as noted in § 34.15–20(b), all pounds of carbon dioxide shall be fitted controls and valves for the operation of with an approved delayed discharge so the system shall be outside the space arranged that the alarm will be sound- protected, and shall not be located in ed for at least 20 seconds before the any space that might be cut off or carbon dioxide is released into the made inaccessible in the event of fire space. Such systems of not more than in any of the spaces protected. 300 pounds of carbon dioxide shall also (b) If the same cylinders are used to have a similar delayed discharge, ex- protect more than one space, a mani- cept for spaces which have a suitable fold with normally closed stop valves horizontal escape. shall be used to direct the carbon dioxide into the proper space. If cylinders (g) All distribution valves and con- are used to protect only one space, a trols shall be of an approved type. All normally closed stop valve shall be in- controls shall be suitably protected. stalled between the cylinders and the (h) Complete but simple instructions space except for systems of the type infor the operation of the systems must dicated in § 34.15–5(d) which contain not be located in a conspicuous place at or more than 300 pounds of carbon diox- near all pull boxes, stop valve controls ide. and in the CO2 cylinder storage room. (c) Distribution piping to the dry On systems in which the CO2 cylinders cargo spaces shall be controlled from are not within the protected space, not more than two stations. One of the these instructions must also include a stations controlling the system for the schematic diagram of the system and main machinery space shall be located instructions detailing alternate meth- as convenient as practicable to one of ods of discharging the system should the main-escapes from the space. All the manual release or stop valve con- control stations and the individual trols fail to operate. Each control valve valves and controls shall be marked as to branch lines must be marked to in- required by § 35.40–10 of the subchapter. dicate the related space served. (d) Systems of the type indicated in (i) If the space or enclosure con- § 34.15–5(d) shall be actuated at each taining the carbon dioxide supply or station by one control operating the controls is to be locked, a key to the valve to the space and a separate con- space or enclosure shall be in a break- trol releasing at least the required glass-type box conspicuously located amount of carbon dioxide. These two adjacent to the opening. controls shall be located in a box or other enclosure clearly identified for [CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as the particular space. Systems installed amended by CGD 74–100R, 40 FR 6208, Feb. 10, without a stop valve shall be operated 1975; USCG-1999–6216, 64 FR 53223, Oct. 1, 1999]

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§ 34.15–15 Piping—T/ALL. with the exception that the pressure (a) The piping, valves, and fittings used shall be 600 pounds p.s.i. in lieu of shall have a bursting pressure of not 1,000 pounds p.s.i. For the purpose of less than 6,000 pounds p.s.i. this test, the distribution piping shall (b) All piping, in nominal sizes not be capped within the space protected at over 3⁄4-inch shall be at least Schedule the first joint ahead of the nozzles. 40 (standard weight) and in nominal (4) In lieu of the tests prescribed in sizes over 3⁄4-inch, shall be at least the preceding paragraphs in this sec- Schedule 80 (extra heavy). tion, small independent systems pro- (c) All piping, valves, and fittings of tecting spaces such as emergency gen- ferrous materials shall be protected in- erator rooms, lamp lockers, etc., may side and outside against corrosion un- be tested by blowing out the piping less specifically approved otherwise by with the air at a pressure of at least 100 the Commandant. pounds p.s.i. (d) A pressure relief valve or equivalent set to relieve between 2,400 and § 34.15–20 Carbon dioxide storage—T/ 2,800 pounds p.s.i. shall be installed in ALL. the distributing manifold or such other (a) Except as provided in paragraph location as to protect the piping in the (b) of this section, the cylinders shall event that all branch line shutoff valves are closed. be located outside the spaces protected, (e) All deadend lines shall extend at and shall not be located in any space least 2 inches beyond the last orifice that might be cut off or made inacces- and shall be closed with cap or plug. sible in the event of a fire in any of the (f) All piping, valves, and fittings spaces protected. shall be securely supported, and where (b) Systems of the type indicated in necessary, protected against injury. § 34.15–5(d), consisting of not more than (g) Drains and dirt traps shall be 300 pounds of carbon dioxide, may have fitted where necessary to prevent the the cylinders located within the space accumulation of dirt or moisture. protected. If the cylinder stowage is Drains and dirt traps shall be located within the space protected, the system in accessible locations where possible. shall be arranged in an approved man- (h) Piping shall be used for no other ner to be automatically operated by a purpose except that it may be incor- heat actuator within the space in addi- porated with the fire-detecting system. tion to the regular remote and local (i) Piping passing through living controls. quarters shall not be fitted with drains (c) The space containing the cyl- or other openings within such spaces. inders shall be properly ventilated and (j) Installation test requirements are: designed to preclude an anticipated (1) Upon completion of the piping in- ambient temperature in excess of 130 stallation, and before the cylinders are degrees F. connected, a pressure test shall be ap- (d) Cylinders shall be securely fas- plied as set forth in this paragraph. tened and supported, and where nec- Only carbon dioxide or other inert gas essary, protected against injury. shall be used for this test. (2) The piping from the cylinders to (e) Cylinders shall be so mounted as the stop valves in the manifold shall be to be readily accessible and capable of subjected to a pressure of 1,000 pounds easy removal for recharging and in- p.s.i. With no additional gas being inspection. Provisions shall be available troduced to the system, it shall be for weighing the cylinders. demonstrated that the leakage of the (f) Where subject to moisture, cyl- system is such as not to permit a pres- inders shall be so installed as to pro- sure drop of more than 150 pounds per vide a space of at least 2 inches be- square inch per minute for 2-minute pe- tween the flooring and the bottom of riod. the cylinders. (3) The individual branch lines to the (g) Cylinders shall be mounted in an various spaces protected shall be sub- upright position or inclined not more jected to a test similar to that de- than 30 degrees from the vertical. How- scribed in the preceding paragraph ever, cylinders which are fitted with

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flexible or bent siphon tubes may be in- tected from outside such space. In this clined not more than 80 degrees from respect, relatively tight doors, shut- the vertical. ters, or dampers shall be provided for (h) Where check valves are not fitted openings in the lower portion of the on each independent cylinder dis- space. The construction shall be such charge, plugs or caps shall be provided that openings in the upper portion of for closing outlets when cylinders are the space can be closed off either by removed for inspection or refilling. permanently installed means or by the (i) All cylinders used for storing car- use of canvas or other material which bon dioxide must be fabricated, tested, is normally carried by the vessel. and marked in accordance with §§ 147.60 and 147.65 of this chapter. § 34.15–40 Pressure relief—T/ALL. [CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as (a) Where necessary, relatively tight amended at 53 FR 7748, Mar. 10, 1988; USCG- compartments such as refrigeration 1999–6216, 64 FR 53223, Oct. 1, 1999] spaces, paint lockers, etc., shall be provided with suitable means for relieving § 34.15–25 Discharge outlets—T/ALL. excessive pressure accumulating with- (a) Discharge outlets shall be of an in the compartment when the carbon approved type. dioxide is injected.

§ 34.15–30 Alarms—T/ALL. § 34.15–90 Installations contracted for (a) Spaces required to have a delayed prior to January 1, 1962—T/ALL. discharge by § 34.15–10(f) which are pro- (a) Installations contracted for prior tected by a carbon dioxide extin- to November 19, 1952, shall meet the re- guishing system and are normally ac- quirements of this paragraph. cessible to persons on board while the (1) Existing arrangements, materials, vessel is being navigated, other than and facilities previously approved shall paint and lamp lockers and similar be considered satisfactory so long as small spaces, shall be fitted with an ap- they meet the minimum requirements proved audible alarm in such spaces of this paragraph and they are main- which will be automatically sounded tained in good condition to the satis- before the carbon dioxide is admitted faction of the Officer in Charge, Marine to the space. The alarm shall be con- Inspection. Minor repairs and alter- spicuously and centrally located and ations may be made to the same stand- shall be marked as required by § 35.40– ards as the original installation. 7 of this subchapter. Such alarms shall (2) The details of the systems shall be be so arranged as to sound during the in general agreement with §§ 34.15–5 20-second delay period prior to the dis- through 34.15–40 insofar as is reason- charge of carbon dioxide into the space, able and practicable, with the excep- and the alarm shall depend on no tion of § 34.15–5(d)(1) through (3) cov- source of power other than the carbon ering spaces other than cargo spaces, dioxide. which systems may be installed in accordance with paragraphs (a) (4) § 34.15–35 Enclosure openings—T/ALL. through (7) of this section. (a) Except for cargo spaces, the oper- (3) For cargo tanks at least one ation of the carbon dioxide system pound of carbon dioxide shall be avail- shall automatically shut down any me- able for each 30 cubic feet of the largest chanical ventilation to that space. This cargo tank. The discharge of the re- will not be required where the carbon quired amount of carbon dioxide shall dioxide system is a secondary system be complete within 5 minutes. in addition to another approved pri- (4) In boiler rooms, the bilges shall be mary system protecting the space. protected by a system discharging (b) Where natural ventilation is pro- principally below the floor plates. Per- vided for spaces protected by a carbon forated pipe may be used in lieu of dis- dioxide extinguishing system, provi- charge nozzles for such systems. The sions shall be made for easily and effec- number of pounds of carbon dioxide tively closing off the ventilation. shall be equal to the gross volume of (c) Means shall be provided for clos- the boiler room taken to the top of the ing all other openings to the space pro- boilers divided by 36. In the event of an

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elevated boiler room which drains to provided for installations made prior to the machinery space, the system shall July 1, 1957. be installed in the engineroom bilge [CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as and the gross volume shall be taken to amended by CGFR 66–33, 31 FR 15268, Dec. 6, the flat on which the boilers are in- 1966; USCG-1999–6216, 64 FR 53223, Oct. 1, 1999] stalled. (5) In machinery spaces where main propulsion internal combustion ma- Subpart 34.17—Fixed Foam chinery is installed, the number of Extinguishing Systems, Details pounds of carbon dioxide required shall § 34.17–1 Application—T/ALL. be equal to the gross volume of the space taken to the underside of the (a) Where a fixed foam extinguishing deck forming the hatch opening di- system is installed, the provisions of vided by 22. this subpart with the exception of (6) In miscellaneous spaces other § 34.17–90, shall apply to all installa- than cargo or main machinery spaces tions contracted for on or after Janu- the number of pounds of carbon dioxide ary 1, 1962. required shall be equal to the gross vol- (b) Installations contracted for prior ume of the space divided by 22. to January 1, 1962, shall meet the re- (7) Branch lines to the various spaces quirements of § 34.17–90. other than cargo and similar spaces shall be as noted in Table 34.15–90(a)(7). § 34.17–5 Quantity of foam required— T/ALL. This table is based on cylinders having discharge outlets and siphon tubes of (a) Area protected. (1) For machinery 3⁄8-inch diameter. spaces and pumprooms, the system shall be so designed and arranged as to TABLE 34.15–90(a)(7) spread a blanket of foam over the entire tank top or bilge of the space pro- Number of cylinders Nominal pipe size, inches tected. The arrangement of piping shall Over Not over be such as to give a relatively uniform distribution over the entire area pro- 2 1⁄2-standard. 24 3⁄4-standard. tected. 4 6 1-extra heavy. (2) Where an installation is made to 6 12 11⁄4-extra heavy. protect an oil-fired boiler installation 12 16 11⁄2-extra heavy. 16 27 2-extra heavy. on a flat which is open to or can drain 27 39 21⁄2-extra heavy. to the lower engineroom or other 39 60 3-extra heavy. space, both the flat and the lower space 60 80 31⁄2-extra heavy. shall be protected simultaneously. The 80 104 4-extra heavy. 104 165 5-extra heavy. flat shall be fitted with suitable coamings on all openings other than (b) Installations contracted for on or deck drains to properly restrain the oil after November 19, 1952, but prior to and foam at that level. Other installa- January 1, 1962, shall meet the require- tions of a similar nature will be consid- ments of this paragraph. ered in a like manner. (1) Existing arrangements, materials, (b) Rate of application. (1) The rate of and facilities previously approved shall discharge to foam outlets protecting be considered satisfactory so long as the hazard shall be at least as set forth they meet the minimum requirements in this paragraph. of this paragraph and they are main- (2) For chemical foam systems with tained in good condition to the satis- stored ‘‘A’’ and ‘‘B’’ solutions, a total faction of the Officer in Charge, Marine of at least 1.6 gallons per minute of the Inspection. Minor repairs and alter- two solutions shall be discharged for ations may be made to the same stand- each 10 square feet of area protected. ards as the original installation. (3) For other types of foam systems, (2) The details of the systems shall be the water rate to the dry-powder gen- in general agreement with §§ 34.15–5 erators or air foam production equip- through 34.15–40 insofar as is reason- ment shall be at least 1.6 gallons per able and practicable with the exception minute for each 10 square feet of area that delayed discharges need not be protected.

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(c) Supply of foam-producing material. (c) All piping, valves, and fittings (1) There shall be provided a quantity shall be securely supported, and where of foam-producing material sufficient necessary, protected against injury. to operate the equipment at the min- (d) Drains and dirt traps shall be imum discharge rate specified in para- fitted where necessary to prevent the graph (b) of this section for a period of accumulation of dirt or moisture. at least 3 minutes. (e) Piping shall not be used for any (d) Separate supply of foam-producing other purpose than firefighting, drills material. (1) A separate supply of foam- and testing. producing material need not be provided for each space protected. This in- § 34.17–20 Discharge outlets—T/ALL. cludes a deck foam system. The total (a) Discharge outlets shall be of an available supply shall be at least suffi- approved type. cient for the space requiring the greatest amount. § 34.17–25 Additional protection re- (e) Water supply for required pumps. (1) quired—T/ALL. The water supply shall be from outside (a) In order that any residual fires and completely independent of the above the floor plates may be extin- space protected. guished when a foam system is in- § 34.17–10 Controls—T/ALL. stalled for the protection of machinery spaces, at least 2 fire hydrants, in addi- (a) The foam agent, its container, tion to those required for the machin- measuring devices, and other items pe- ery space by subpart 34.10, shall be in- culiar to the system shall be of an ap- stalled outside of the machinery space proved type. entrance. Such hydrants shall be fitted (b) The foam-producing material con- with sufficient hose so that any part of tainer and all controls and valves for the machinery space may be reached the operation of the system shall be with at least 2 streams of water, and outside the space protected and shall each hose shall be equipped with an ap- not be located in such space as might proved combination nozzle and appli- be cut off or made inaccessible in the cator. event of fire in any of the spaces protected. The control space shall be as § 34.17–90 Installations contracted for convenient as practicable to one of the prior to January 1, 1962—T/ALL. main escapes from the spaces pro- (a) Installations contracted for prior tected, and shall be marked as required to January 1, 1962, shall meet the fol- by § 35.40–10 of this subchapter. Where lowing requirements: pumps are required, it shall not be nec- (1) Existing arrangements, materials, essary that they be started from the and facilities previously approved shall control space. be considered satisfactory so long as (c) Complete, but simple instructions they meet the minimum requirements for the operation of the system shall be of this paragraph and they are main- located in a conspicuous place at or tained in good condition to the satis- near the controls. faction of the Officer in Charge, Marine (d) The valves to the various spaces Inspection. Minor repairs and alter- served shall be marked as required by ations may be made to the same stand- § 35.40–10 of this subchapter. ards as the original installation. (2) The details of the systems shall be § 34.17–15 Piping—T/ALL. in general agreement with §§ 34.17–5 (a) All piping, valves, and fittings through 34.17–20, insofar as is reason- shall meet the applicable requirements able and practicable. Installations con- of subchapter F (Marine Engineering) tracted for prior to November 19, 1952, of this chapter. need not comply with paragraph (a)(2) (b) All piping, valves, and fittings of of § 34.17–5 and § 34.17–25. A 6-inch blan- ferrous materials shall be protected in- ket of foam in 3 minutes for machinery side and outside against corrosion un- spaces and pumprooms will be consid- less specifically approved otherwise by ered as meeting the requirements of the Commandant. § 34.17–5.

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(3) Where a system is installed to and installed in accordance with Regu- protect a tank, it shall be so designed lation 61 of Chapter II–2 of SOLAS 1974. and arranged as to spread a blanket of (Senate Document, 57–1180, GPO, Wash- foam over the entire liquid surface of ington, 1976; ‘‘Message from the Presi- the tank within the range of usual dent of the United States transmitting, trim. The arrangement of piping shall the International Convention for the be such as to give a relatively uniform Safety of Life at Sea, 1974, Done at distribution over the entire area pro- LONDON, November 1, 1974’’). tected. (4) For tanks, the rate of discharge to (46 U.S.C. 391a; 49 CFR 1.46(n)(4)) foam outlets protecting the hazard [CGFR 69–72, 34 FR 17481, Oct. 29, 1969, as shall be as set forth in § 34.17–5(b), ex- amended by CGD 74–127, 41 FR 3846, Jan. 26, cept that the value of 1 gallon per 1976; CGD 77–057a, 44 FR 66502, Nov. 19, 1979] minute shall be substituted in both cases for the value of 1.6 gallons per § 34.20–3 Cargo area definition—T/ minute. The quantity of foam provided ALL. shall be sufficient to operate the equip- (a) For the purpose of this subpart, ment for 5 minutes. the term cargo area is defined as the (5) On installations installed prior to maximum beam of the vessel times the November 19, 1952, a semiportable foam total longitudinal extent of the cargo generator using a dry-chemical mix- tank spaces. ture or mechanical foam in conjunction with the fire lines may be sub- § 34.20–5 Quantity of foam required— stituted for the fixed system subject to T/ALL. the following conditions: (a) Area protected. Systems of this (i) There shall be at least one fire pump of suitable capacity available type are designed to give primary pro- which can be operated and controlled tection to the spaces over the cargo from outside the space protected. tanks. (ii) Stop valves shall be installed in (b) Rate of application. The water rate the line so that if any portion of the of the foam production equipment shall fire main is ruptured, the foam gener- be determined as follows: ator may still be operated. Connections (1) For usual petroleum products the for at least two fire hoses shall be pro- rate of supply of foam solution shall be vided between the pump and the stop not less than the greatest of the fol- valve. lowing: (iii) If the foam system is of the port- (i) 0.6 liters/min per square meter of able or semiportable type, the appa- cargo tanks deck area, where cargo ratus and chemicals shall be stored in tanks deck area means the maximum a readily accessible place protected breadth of the ship multiplied by the from the weather. total longitudinal extent of the cargo tank spaces; Subpart 34.20—Deck Foam (ii) 6 liters/min per square meter of System, Details the horizontal sectional area of the single tank having the largest such area; § 34.20–1 Application—T/ALL. or (a) Where a deck foam system is in- (iii) 3 liters/min per square meter of stalled, the provisions of this subpart, the area protected by the largest mon- except § 34.20–90, apply to all installa- itor, such area being entirely forward tions that are contracted for on or of the monitor, but not less than 1,250 after January 1, 1970, unless otherwise liters/min. indicated. (2) For polar solvent products (e.g. al- (b) Installations contracted for prior cohols, ketones, etc.) the water rate to January 1, 1970, shall meet the re- shall be determined for each vessel. quirements of § 34.20–90. The rate will depend upon the vessel (c) Foreign flag crude oil tankers and design, products to be carried and foam product carriers required to have fixed system to be used. deck foam systems by this subpart (c) Supply of foam-producing material. must have systems that are designed Each deck foam system must have a

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supply of foam-producing material suf- within three minutes of notification of ficient to operate the system at its de- a fire. signed rate of foam production for the [CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as following periods: amended by CGD 74–127, 41 FR 3846, Jan. 26, (1) For installations contracted for 1976] on or after January 1, 1970, 15 minutes without recharging, except as required § 34.20–15 Piping—T/ALL. in paragraph (c)(2) of this section. (a) All piping, valves, and fittings (2) For installations on ships that shall meet the applicable requirements have a keel laying date on or after Jan- of subchapter F (Marine Engineering) uary 1, 1975, 20 minutes without re- of this chapter. charging. (b) All piping, valves, and fittings of ferrous materials shall be protected in- (d) Separate supply of foam-producing side and outside against corrosion un- material. Where the same foam-pro- less specifically approved otherwise by ducing material may be used for this the Commandant. system as well as a fixed foam system, (c) The piping and outlet arrange- separate supplies need not be provided ment shall allow the required rate of for each space protected. The total applications as contained in § 34.20–5(b), available supply shall be at least suffi- to any portion of the open deck of the cient for the space requiring the great- cargo area through the use of the est amount. mounted and hand-held appliances that (e) Water supply. Suitable pumps are provided. At least 50 percent of the shall be provided capable of producing required rate of application shall be the required water rate. The fire pumps from the mounted appliances. One or required by subpart 34.10 may be used more hose outlets for hand-held appli- for this purpose; however, the oper- ances shall be provided at each foam ation of the deck foam system shall station. For enclosed spaces, applica- not interfere with the simultaneous tion of at least 1.6 gallons per minute use of the fire main system. water rate for each 10 square feet of the enclosed area for 5 minutes is accept- [CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as able. For the purpose of this paragraph, amended by CGFR 69–72, 34 FR 17481, Oct. 29, all piping is assumed to be damaged in 1969; CGD 74–127, 41 FR 3846, Jan. 26, 1976; way of the fire and an adequate number CGD 95–028, 62 FR 51199, Sept. 30, 1997] of valves shall be fitted to prevent loss of foam by closing valves to damaged § 34.20–10 Controls—T/ALL. piping. (a) The foam agent, its container, (d) All piping, valves, and fittings measuring devices, and other items pe- shall be securely supported, and where culiar to this system shall be of an ap- necessary, protected against injury. proved type. (e) Drains and dirt traps shall be (b) The foam agent container and the fitted where necessary to prevent the main controls for operating the system accumulation of dirt or moisture. shall be located in a protected space (f) Piping shall not be used for any not likely to be made inaccessible in other purpose than firefighting, drills, the event of a fire in any portion of the and testing. cargo area. (g) Tankships of 100,000 or more DWT (metric) and combination carriers of (c) Complete, but simple instructions 50,000 or more DWT (metric) that have for the operation of the system shall be a keel laying date on or after January located in a conspicuous place at or 1, 1975, must have at least one foam near the controls. station port and at least one foam sta- (d) All valves shall be marked as re- tion starboard that are separated from quired by § 35.40–17. each other by a distance equal to at (e) The deck foam system on each least one-half the beam of the vessel: tankship that has a keel laying date on (1) At the housefront or aft of the or after January 1, 1975, must be capa- cargo area in a location that is acces- ble of being actuated, including intro- sible to the crew for fighting a cargo duction of foam to the foam main, and a pumproom fire; and

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(2) If the tankship has a forward ac- ments of §§ 34.20–5 through 34.20–20 inso- commodations house, at the after far as is reasonable and practicable. boundary of that house. [CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as [CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as amended by CGFR 69–72, 34 FR 17481, Oct. 29, amended by CGD 72–138, 39 FR 7790, Feb. 28, 1969] 1974; CGD 74–127, 41 FR 3846, Jan. 26, 1976]

§ 34.20–20 Discharge outlets—T/ALL. Subpart 34.25—Water Spray (a) Discharge outlets shall be of an Extinguishing Systems, Details approved type. § 34.25–1 Application—T/ALL. (b) At least one mounted foam appliance shall be provided for each station (a) Where a water spray extin- that is required in § 34.20–15(c). guishing system is installed, the provi- (c) The number of hand-held appli- sions of this subpart, with the excep- ances provided shall be at least equal tion of § 34.25–90, shall apply to all in- to the number of hose outlets at the stallations contracted for on or after two foam stations having the most January 1, 1964. Installations con- hose outlets. Hand-held appliances tracted for prior to January 1, 1964, shall be stowed in a well marked, read- shall meet the requirements of § 34.50– ily accessible position that cannot be 90. isolated by a fire involving the cargo tanks. § 34.25–5 Capacity and arrangement— T/ALL. [CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as amended by CGD 72–138, 39 FR 7790, Feb. 28, (a) The capacity and arrangement 1974] shall be such as to effectively blanket the entire area of the space protected. § 34.20–25 Foam monitor capacity—T/ The rate of discharge and the arrange- ALL. ment of piping and spray nozzles shall The capacity of each foam monitor be such as to give a uniform distribu- on ships that have a keel laying date tion over the entire area protected. on or after January 1, 1975, must be at (b) The spacing of the spray nozzles least 3 liters per minute per square shall be on the basis of the spray pat- meter (.073 gallons per minute per tern provided by the lowest pressure at square foot) of cargo area protected by any spray nozzle in the system. In no that monitor. instance shall a system be designed for [CGD 74–127, 41 FR 3846, Jan. 26, 1976] any spray nozzle to be operated at a pressure less than that for which it was § 34.20–90 Installations contracted for approved. The maximum permissible prior to January 1, 1970—T/ALL. height of the spray nozzle above the (a) Installations contracted for prior protected area shall not exceed that to January 1, 1970, shall meet the fol- specified in its approval. Whenever lowing requirements: there are obstructions to coverage by (1) Existing arrangements, materials, the spray patterns, additional spray and facilities previously approved shall nozzles shall be installed to provide be considered satisfactory so long as full coverage. they meet the minimum requirements (c) The water supply shall be from of this paragraph and they are main- outside the space protected and shall in tained in good condition to the satis- no way be dependent upon power from faction of the Officer in Charge, Marine the space protected. The pump sup- Inspection. Minor repairs and alter- plying water for the system shall ei- ations may be made to the same stand- ther be reserved exclusively for the ards as the original installation. system or it may be one of the fire (2) For installations contracted for pumps, provided the capacity of the prior to November 19, 1952, see § 34.17– fire pump as set forth in subpart 34.10 90(a)(5). is increased by the required capacity of (3) Installations contracted for on or the system, so that this system may be after November 4, 1957, but prior to operated simultaneously with the fire January 1, 1970, shall meet the require- main system.

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§ 34.25–10 Controls—T/ALL. (1) Existing arrangements, materials, and facilities previously approved shall (a) There shall be one control valve be considered satisfactory so long as for the operation of the system located they meet the minimum requirements in an accessible position outside the of this paragraph and they are main- space protected. The control shall be tained in good condition to the satis- located as convenient as practicable to faction of the Officer in Charge, Marine one of the main escapes from the space Inspection. Minor repairs and alter- protected, and shall be marked as re- ations may be made to the same stand- quired by § 35.40–18 of this subchapter. ards as the original installation. It shall not be necessary to start the pumps from the control space. (2) The details of the systems shall be (b) Complete, but simple instructions in general agreement with §§ 34.25–5 for the operation of the system shall be through 34.25–20 insofar as is reason- located in a conspicuous place at or able and practicable. near the controls. (c) The valve to the space protected Subpart 34.30—Automatic shall be marked as required by § 35.40– Sprinkler Systems, Details 18 of this subchapter. § 34.30–1 Application—TB/ALL. § 34.25–15 Piping—T/ALL. Automatic sprinkler systems shall (a) All piping, valves and fittings comply with NFPA 13–1996. shall meet the applicable requirements [CGD 95–028, 62 FR 51199, Sept. 30, 1997] of subchapter F (Marine Engineering) of this chapter. (b) Distribution piping shall be of Subpart 34.50—Portable and materials resistant to corrosion, except Semiportable Extinguishers that steel or iron pipe may be used if inside corrosion resistant coatings § 34.50–1 Application—TB/ALL. which will not flake off and clog the (a) The provisions of this subpart, nozzles are applied. Materials readily with the exception of § 34.50–90, shall rendered ineffective by heat of a fire apply to all vessels contracted for on or shall not be used. The piping shall be after January 1, 1962. subject to approval for each installa- (b) All vessels contracted for prior to tion. January 1, 1962, shall meet the require- (c) All piping, valves, and fittings ments of § 34.50–90. shall be securely supported, and where necessary, protected against injury. § 34.50–5 Classification—TB/ALL. (d) Drains, strainers, and dirt traps (a) Portable and semiportable extin- shall be fitted where necessary to pre- guishers shall be classified by a com- vent the accumulation of dirt or mois- bination letter and number symbol. ture. The letter indicating the type of fire (e) Threaded joints shall be metal to which the unit could be expected to ex- metal, with no thread compound used. tinguish, and the number indicating (f) Distribution piping shall be used the relative size of the unit. for no other purpose. (b) The types of fire will be des- (g) All piping shall be thoroughly ignated as follows: cleaned and flushed before installation (1) ‘‘A’’ for fires in ordinary combus- of the water spray nozzles. tible materials such as mattresses, piles of wood, shavings, canvas, etc., § 34.25–20 Spray nozzles—T/ALL. where the quenching and cooling ef- (a) Spray nozzles shall be of an ap- fects of quantities of water, or solu- proved type. tions containing large percentages of water, are of first importance. § 34.25–90 Installations contracted for (2) ‘‘B’’ for fires in combustible or prior to January 1, 1964—T/ALL. flammable liquids such as gasoline, lu- (a) Installations contracted for prior bricating oil, diesel oil, greases, etc., to January 1, 1964, shall meet the fol- where a blanketing or smothering ef- lowing requirements: fect is essential.

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(3) ‘‘C’’ for fires in electrical equip- § 34.50–10 Location—TB/ALL. ment where the use of non-conducting (a) Approved portable and extinguishing agent is of first impor- semiportable extinguishers shall be in- tance so that electrical shock is not ex- stalled in accordance with Table 34.50– perienced by the firefighter. 10(a). The location of the equipment (c) The number designations for size shall be such as in the opinion of the will start with ‘‘I’’ for the smallest to Officer in Charge, Marine Inspection, ‘‘V’’ for the largest. Extinguishers will be most convenient in case of which have a gross weight of 55 pounds emergency. Where special cir- or less when fully charged are consid- cumstances exist, not covered by Table ered portable. Extinguishers which 34.50–10(a), the Officer in Charge, Ma- have a gross weight of more than 55 rine Inspection, may require such addi- pounds when fully charged are consid- tional equipment as he deems nec- ered semiportable and shall be fitted essary for the proper protection of the with suitable hose and nozzle or other vessel. practicable means so that all portions (b) For additional portable extin- of the space concerned may be reached. guishers as a substitute for sand, see Examples of size graduations for some § 34.55–10. of the typical portable and (c) Semiportable extinguishers shall semiportable extinguishers are set be located in the open so as to be readily seen. forth in Table 34.50–5(c). (d) If portable extinguishers are not located in the open or behind glass so TABLE 34.50–5(c) that they may be readily seen they may be placed in enclosures together Classification Soda-acid Foam Carbon Dry type and water dioxide chemical with the fire hose, provided such enclo- (Size) (Gallons) (Gallons) (Pounds) (Pounds) sures are marked as required by § 35.40– A-II ...... 21⁄2 21⁄2 ...... 25 of this subchapter. B-I ...... 11⁄4 4 2 (e) Portable extinguishers and their B-II ...... 21⁄2 15 10 stations shall be numbered in accord- B-III ...... 12 35 20 ance with § 35.40–25 of this subchapter. B-IV ...... 20 50 30 B-V ...... 40 1 100 1 50 (f) Hand portable or semiportable ex- C-I ...... 4 2 tinguishers which are required on their CC-II ...... 15 10 nameplates to be protected from freez- 1 For outside use, double the amount shall be carried. ing shall not be located where freezing temperatures may be expected.

TABLE 34.50–10(a)—PORTABLE AND SEMIPORTABLE EXTINGUISHERS

Tank ships Tank barges Classification Area Classification (see Quantity and loca- Quantity and location (see § 34.50–5) § 34.50–5) tion

Safety Areas

1 required ...... C-II ...... Wheelhouse and chartroom area...... None required. 1 required in vicinity of exit C-II1 ...... Radio room ...... None required.

Accommodation Areas

1 required in each main A-II or B-II...... Staterooms, toilet spaces, public A-II or B-II ...... 1 required in vicin- passageway on each spaces, offices, etc., and associ- ity of exit deck, conveniently lo- ated lockers, storerooms, and cated, and so that no pantries.. room is more than 75 feet from an extinguisher.

Service Areas

1 required for each 2,500 B-II or C-II ...... Galleys ...... B-II or C-II ...... 1 required, suitable square feet or fraction for hazard in- thereof, suitable for haz- volved. ard involved.

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TABLE 34.50–10(a)—PORTABLE AND SEMIPORTABLE EXTINGUISHERS—Continued

Tank ships Tank barges Classification Area Classification (see Quantity and loca- Quantity and location (see § 34.50–5) § 34.50–5) tion

1 required for each 2,500 A-II or B-II ...... Stores areas, including paint and ...... None required. square feet or fraction lamp rooms. thereof, suitable for hazard involved.

Machinery Area 2

2 required 3 ...... B-II ...... Spaces containing oil fired boilers, B-II ...... 1 required.12 either main or auxiliary, or any fuel oil units subject to the discharge pressure of the fuel oil service pump. and 1 required ...... B-V4. 1 required for each 1,000 B-II ...... Spaces containing internal combus- ...... None required. B.H.P., but not less than tion or gas turbine propulsion ma- 2 nor more than 6 5. chinery. and 1 required 6,7 ...... B-III. 1 required in vicinity of B-II ...... Auxiliary spaces containing internal B-II ...... 1 required in vicin- exit 7. combustion or gas turbine units. ity of exit. 7,9,12 1 required in vicinity of C-II ...... Auxiliary spaces containing emer- ...... None required. exit 8. gency generators.

Cargo Areas

1 required in lower pump- B.II ...... Pumprooms ...... B-II ...... 1 required in vicin- room. ity of exit. 9,12 None required ...... Cargo tank area ...... B-II ...... 2 required. 10,12 B-V ...... 1 required. 9,11 1 Vessels not on an international voyage may substitute 2 C-I. 2 A C-II shall be immediately available to the service generator and main switchboard areas, and further, a C-II shall be conveniently located not more than 50 feet walking distance from any point in all main machinery operating spaces. These extinguishers need not be in addition to other required extinguishers. 3 Vessels of less than 1,000 gross tons require 1. 4 Vessels of less than 1,000 gross tons may substitute 1 B-IV. 5 Only 1 required for vessels under 65 feet in length. 6 If oil burning donkey boiler fitted in space, the B-V previously required for the protection of the boiler may be substituted. Not required where a fixed carbon dioxide system is installed. 7 Not required on vessels of less than 300 gross tons if fuel has a flashpoint higher than 110 °F. 8 Not required on vessels of less than 300 gross tons. 9 Not required if fixed system installed. 10 If no cargo pump on barge, only one B-II required. 11 Manned barges of 100 gross tons and over only. 12 Not required on unmanned barges except during transfer of cargo, or operation of barge machinery, or boilers. (See § 35.35–1(c) of this chapter.)

[CGFR 65–50, 30 FR 16694, Dec. 30, 1965, as amended by CGFR 70–143, 35 FR 19905, Dec. 30, 1970]

§ 34.50–15 Spare charges—TB/ALL. (b) Spare charges shall be so packaged as to minimize the hazards to per- (a) Spare charges shall be carried on sonnel while recharging the units. all vessels for at least 50 percent of each size and each variety, i.e. foam, § 34.50–20 Semiportable fire extin- soda-acid, carbon dioxide, etc., of port- guishers—TB/ALL able extinguisher required by § 34.50– (a) The frame or support of each size 10(a). However, if the unit is of such va- III, IV, and V fire extinguisher required riety that it cannot be readily re- by Table 34.50–10(a) must be welded or charged by the vessel’s personnel, one otherwise permanently attached to a spare unit of the same classification bulkhead or deck. shall be carried in lieu of spare charges for all such units of the same size and (b) If a size III, IV, or V fire extin- variety. This section does not apply to guisher has wheels and is not required by Table 34.50–10(a), it must be securely unmanned barges. stowed when not in use to prevent it

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from rolling out of control under heavy readily available in the event of emer- sea conditions. gency. (b) If fire axes are not located in the [CGD 77–039, 44 FR 34132, June 14, 1979] open, or behind glass, so that they may § 34.50–90 Vessels contracted for prior readily be seen, they may be placed in to January 1, 1962—TB/ALL. enclosures together with the fire hose, (a) Vessels contracted for prior to provided such enclosures are marked as January 1, 1962, shall meet the fol- required by § 35.40–15 of this sub- lowing requirements: chapter. (1) The provisions of §§ 34.50–5 through 34.50–15 shall be met with the PART 35—OPERATIONS exception that existing installations may be maintained if in the opinion of Subpart 35.01—Special Operating the Officer in Charge, Marine Inspec- Requirements tion, they are in general agreement Sec. with the degree of safety prescribed by 35.01–1 Inspection and testing required when Table 34.50–10(a). In such cases, minor making alterations, repairs, or other modifications may be made to the such operations involving riveting, weld- same standard as the original installa- ing, burning, or like fire-producing action: Provided, That in no case will a tions—TB/ALL. greater departure from the standards 35.01–3 Incorporation by reference. 35.01–5 Sanitary condition and crew quar- of Table 34.50–10(a) be permitted than ters—T/ALL. presently exists. 35.01–10 Shipping papers—TB/ALL. (2) [Reserved] 35.01–15 Carriage of persons other than (b) [Reserved] crew—TB/ALL. 35.01–25 Sacrificial anode installations—TB/ ALL. Subpart 34.60—Fire Axes 35.01–35 Repairs and alterations to firefighting equipment—TB/ALL. § 34.60–1 Application—T/ALL. 35.01–45 Open hopper type barges—B/ALL. (a) The provisions of this subpart 35.01–50 Special operating requirements for shall apply to all tankships. tank barges carrying certain dangerous (b) [Reserved] bulk cargoes—B/ALL. 35.01–55 Pilot boarding operation. § 34.60–5 Number required—T/ALL. 35.01–60 Person excluded. (a) All tankships shall carry at least Subpart 35.03—Work Vests the minimum number of fire axes as set forth in Table 34.60–5(a). Nothing in 35.03–1 Application—TB/ALL. this paragraph shall be construed as 35.03–5 Approved types of work vests—TB/ ALL. limiting the Officer in Charge, Marine 35.03–10 Use—TB/ALL. Inspection, from requiring such addi- 35.03–15 Shipboard stowage—TB/ALL. tional fire axes as he deems necessary 35.03–20 Shipboard inspections—TB/ALL. for the proper protection of the tank- 35.03–25 Additional requirements for hybrid ship. work vests.

TABLE 34.60–5(a) Subpart 35.05—Officers and Crews

Gross tons 35.05–1 Officers and crews of tankships—T/ Number of axes ALL. Over Not over 35.05–5 [Reserved] 35.05–10 [Reserved] 50 1 50 200 2 35.05–15 Tank vessel security—TB/ALL. 200 500 3 35.05–20 Physical condition of crew—TB/ 500 1,000 4 ALL. 1,000 ...... 5 35.05–25 Illness, alcohol, drugs—TB/ALL.

(b) [Reserved] Subpart 35.07—Logbook Entries

§ 34.60–10 Location—T/ALL. 35.07–1 Application—TB/ALL. 35.07–5 Logbooks and records—TB/ALL. (a) Fire axes shall be distributed 35.07–10 Actions required to be logged—TB/ throughout the spaces so as to be most ALL.

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Subpart 35.08—Stability Information 35.35–5 Electric bonding—TB/ALL. 35.35–10 Closing of freeing-ports, scuppers, 35.08–1 Posting of stability letter. and sea valves—TB/ALL. 35.35–15 Connecting for cargo transfer—TB/ Subpart 35.10—Fire and Emergency ALL. Requirements 35.35–20 Inspection before transfer of 35.10–1 Emergency training, musters, and cargo—TB/ALL. drills—T/ALL. 35.35–25 Approval to start transfer of 35.10–3 Display of plans—TB/ALL. cargo—TB/ALL. 35.10–5 Muster lists, emergency signals, and 35.35–30 ‘‘Declaration of Inspection’’ for manning—T/ALL. tank vessels—TB/ALL. 35.10–15 Emergency lighting and power sys- 35.35–35 Duties of person in charge of trans- tems—T/ALL. fer—TB/ALL. 35.35–40 Conditions under which transfer op- Subpart 35.15—Notice and Reporting of erations shall not be commenced or if Casualty and Voyage Records started shall be discontinued—TB/ALL. 35.15–1 Notice and reporting of casualty and 35.35–42 Restrictions on vessels alongside a voyage records—TB/ALL. tank vessel loading or unloading cargo of Grade A, B, or C—TB/ALL. Subpart 35.20—Navigation 35.35–45 Auxiliary steam, air, or electric current—B/ALL. 35.20–1 Notice to mariners; aids to naviga- 35.35–50 Termination of transfer oper- tion—T/OCLB. ations—TB/ALL. 35.20–5 Draft of tankships—T/OC. 35.35–55 Transfer of other cargo or stores on 35.20–7 Verification of vessel compliance tank vessels—TB/ALL. with applicable stability requirements— TB/ALL. 35.35–60 Transportation of other cargo or 35.20–10 Steering gear test—T/ALL. stores on tank barges—B/ALL. 35.20–20 Master’s and officer’s responsi- 35.35–70 Maintenance of cargo handling bility—TB/ALL. equipment—TB/ALL. 35.20–30 Flashing the rays of a searchlight 35.35–75 Emergencies—TB/ALL. or other blinding light—T/ALL. 35.35–85 Air compressors—TB/ALL. 35.20–35 Whistling—T/ALL. 35.20–40 Maneuvering characteristics—T/OC. Subpart 35.40—Posting and Marking 35.20–45 Use of Auto Pilot—T/ALL. Requirements—TB/ALL

Subpart 35.25—Engine Department 35.40–1 General alarm contact maker—TB/ ALL. 35.25–1 Examination of boilers and machinery by engineer—T/ALL. 35.40–5 General alarm bells—TB/ALL. 35.25–5 Repairs of boilers and unfired pres- 35.40–6 Emergency lights—TB/ALL. sure vessels and reports of repairs or ac- 35.40–7 Carbon dioxide alarm—T/ALL. cidents by chief engineer—TB/ALL. 35.40–10 Steam, foam, or CO2 fire smoth- 35.25–10 Requirements for fuel oil—T/ALL. ering apparatus—TB/ALL. 35.25–15 Carrying of excess steam—TB/ALL. 35.40–15 Fire hose stations—TB/ALL. 35.40–17 Foam hose/monitor stations—T/ Subpart 35.30—General Safety Rules ALL. 35.40–18 Water spray systems—TB/ALL. 35.30–1 Warning signals and signs—TB/ALL. 35.30–5 Fires, matches, and smoking—TB/ 35.40–20 Emergency equipment—TB/ALL. ALL. 35.40–25 Fire extinguishers—TB/ALL. 35.30–10 Cargo tank hatches, ullage holes, 35.40–30 Instructions for changing steering and Butterworth plates—TB/ALL. gear—TB/ALL. 35.30–15 Combustible gas indicator—TB/ 35.40–35 Rudder orders—TB/ALL. ALL. 35.40–40 Marking and instructions for fire 35.30–20 Emergency equipment—TB/ALL. and emergency equipment—TB/ALL. 35.30–25 Explosives—TB/ALL. 35.30–30 Portable electrical equipment—TB/ AUTHORITY: 33 U.S.C. 1321(j); 46 U.S.C. 3306, ALL. 3703, 6101; 49 U.S.C. 5103, 5106; E.O. 12234, 45 35.30–35 Spark producing devices—TB/ALL. FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 35.30–40 Flammable liquid and gas fuels as 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; ship’s stores—TB/ALL. Department of Homeland Security Delega- tion No. 0170.1. Subpart 35.35—Cargo Handling SOURCE: CGFR 65–50, 30 FR 16704, Dec. 30, 35.35–1 Persons on duty—TB/ALL. 1965, unless otherwise noted.

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Subpart 35.01—Special Operating ments as may be deemed necessary to Requirements maintain, insofar as can reasonably be done, the safe conditions in the spaces § 35.01–1 Inspection and testing re- certified, throughout the operation and quired when making alterations, re- shall include such additional tests and pairs, or other such operations in- certifications as considered required. volving riveting, welding, burning, Such qualifications and requirements or like fire-producing actions—TB/ shall include precautions necessary to ALL. eliminate or minimize hazards that (a) The provisions of ‘‘Standard for may be present from protective coat- the Control of Gas Hazards on Vessels ings or residues from cargoes. to be Repaired,’’ NFPA No. 306, pub- (2) When not in such a port or place, lished by National Fire Protection As- and a marine chemist or such person sociation, 1 Batterymarch Park, Quin- authorized by the Officer in Charge, cy, MA 02269, shall be used as a guide in Marine Inspection, is not reasonably conducting the inspections and available, the inspection shall be made issuance of certificates required by this by the senior officer present and a section. proper entry shall be made in the ves- (b) Until an inspection has been made sel’s logbook. to determine that such operation can (d) It shall be the responsibility of be undertaken with safety, no alter- the senior officer present to secure cop- ations, repairs, or other such oper- ies of certificates issued by the cer- ations involving riveting, welding, tified marine chemist or such person burning, or like fire-producing actions authorized by the Officer in Charge, shall be made: Marine Inspection. It shall be the re- (1) Within or on the boundaries of sponsibility of the senior officer cargo tanks which have been used to present, insofar as the persons under carry flammable or combustible liquid his control are concerned, to maintain or chemicals in bulk, or within spaces a safe condition on the vessel by full adjacent to such cargo tanks; or, observance of all qualifications and re- (2) Within or on the boundaries of quirements listed by the marine chem- fuel tanks; or, ist in the certificate. (3) To pipe lines, heating coils, pumps, fittings, or other appurtenances [CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as connected to such cargo or fuel tanks. amended by CGD 95–072, 60 FR 50462, Sept. 29, (c) Such inspections shall be made 1995] and evidenced as follows: (1) In ports or places in the United § 35.01–3 Incorporation by reference. States or its territories and posses- (a) Certain materials are incor- sions, the inspection shall be made by porated by reference into this part a marine chemist certificated by the with the approval of the Director of the National Fire Protection Association; Federal Register in accordance with 5 however, if the services of such cer- U.S.C. 552(a). To enforce any edition tified marine chemist are not reason- other than the one listed in paragraph ably available, the Officer in Charge, (b) of this section, notice of the change Marine Inspection, upon the rec- must be published in the FEDERAL REG- ommendation of the vessel owner and ISTER and the material made available his contractor or their representative, to the public. All approved material is shall select a person who, in the case of on file at the U.S. Coast Guard, Office an individual vessel, shall be author- of Operating and Environmental Stand- ized to make such inspection. If the in- ards, (CG–522), 2100 2nd St. SW., Stop spection indicates that such operations 7126, Washington, DC 20593–7126, and is can be undertaken with safety, a cer- available from the address indicated in tificate setting forth the fact in writ- paragraph (b), or at the National Ar- ing and qualified as may be required, chives and Records Administration shall be issued by the certified marine (NARA). For information on the avail- chemist or the authorized person be- ability of this material at NARA, call fore the work is started. Such quali- 202–741–6030, or go to: http:// fications shall include any require- www.archives.gov/federallregister/

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codeloflfederallregulations/ logbook of the towing vessel giving the ibrllocations.html. name of the shipper and location of (b) The material approved for incor- shipping point, the name of the con- poration by reference in this part, and signee and location of delivery point, the sections affected is: the approximate kind, grade, and quantity of cargo in each barge of the tow, American Society for Testing and Materials and for whose account the cargo is 100 Barr Harbor Drive, West Conshohocken, being handled, shall be considered as PA 19428–2959 complying with the requirements of ASTM F 1014–92 Standard Specification for this section. Flashlights on Vessels. Section affected—35.30–20(c)(3) § 35.01–15 Carriage of persons other ASTM Adjunct F 1626, Symbols for Use in than crew—TB/ALL. Accordance with Regulation II–2/20 of the No person not connected with the op- 1974 SOLAS Convention, PCN 12–616260–01, © 1996–35.10–3 eration of a tank ship or tank barge or ASTM D 93–97, Standard Test Methods for not having legitimate business with Flash-Point by Pensky-Martens Closed Cup said vessel, shall be permitted aboard Tester–35.25–10 while vessel is under way unless spe- International Maritime Organization (IMO) cifically allowed by its certificate. Publications Section, 4 Albert Embankment, London, SE1 7SR United Kingdom. Resolu- § 35.01–25 Sacrificial anode installation A.654(16), Graphical Symbols for Fire tions—TB/ALL. Control Plans—35.10–3 (a) The installation of magnesium NOTE: All other documents referenced in sacrificial anodes in cargo tanks uti- this part are still in effect. lized for the carriage of flammable or [CGD 82–042, 53 FR 17704, May 18, 1988, as combustible liquids in bulk is prohib- amended by CGD 96–041, 61 FR 50727, Sept. 27, ited. 1996; CGD 97–057, 62 FR 51043, Sept. 30, 1997; (b) A sacrificial anode using an alu- CDG 95–028, 62 FR 51199, Sept. 30, 1997; USCG- 1999–5151, 64 FR 67177, Dec. 1, 1999; USCG– minum alloy will be permitted in cargo 2009–0702, 74 FR 49227, Sept. 25, 2009] tanks under the following criteria: (1) The maximum allowable energy § 35.01–5 Sanitary condition and crew that can be developed by a falling quarters—T/ALL. anode shall be 200 foot-pounds. It shall be the duty of the master and (2) No anode shall be installed more chief engineer of every tankship to see than 6 feet above the bottom of the that such vessel and crew’s quarters tank. Special consideration will be are kept in a sanitary condition. given when structural design prevents the anodes from falling in event of fail- [CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 95–027, 61 FR 25999, May 23, ure of the attachments. 1996] (3) Each anode shall have at least two welded or bolted connections to the § 35.01–10 Shipping papers—TB/ALL. supporting structure. Special consider- Each loaded tank vessel shall have on ation will be given to proprietary at- board a bill of lading, manifest, or ship- tachments which provide equally safe ping document giving the name of the installations. consignee and the location of the deliv- (4) The plans of the anode installa- ery point, the kind, grades, and approx- tion and a chemical analysis of the imate quantity of each kind and grade alloy composition shall be submitted of cargo, and for whose account the for approval. The anode should be mag- cargo is being handled. The tank vessel nesium free and the silicon content shall not be delayed in order to secure limited to trace amounts. exact quantities of cargo. Such mani- (5) The recommended construction of fests or bills of lading may be made out the anode should utilize a mild steel by the master, master of the towing core with necessary attachments. vessel, owner, or agent of the owner: Other types may be used but will re- Provided, however, That in the case of quire special consideration. unmanned barges where shipping pa- (c) Sacrificial anodes using materials pers are not available, an entry in the other than those having aluminum and/

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or magnesium in whole or in part are this paragraph is impossible, the provi- permitted. sions of paragraph (c)(3) of this section apply. The person in charge of the tow- [CGFR 69–72, 34 FR 17482, Oct. 29, 1969] ing vessels shall be responsible for § 35.01–35 Repairs and alterations to compliance with this paragraph. firefighting equipment—TB/ALL. (2) No such open hopper type barge (a) No extensive repairs or alter- shall be moved from a loading facility ations, except in emergency, shall be unless all void spaces and bilges are made to any fire-extinguishing appa- substantially free of water. Periodic in- ratus, or other appliance subject to inspections and necessary pumping shall spection, without advance notice to the be carried out to insure the mainte- Officer in Charge, Marine Inspection. nance of such water-free conditions, in Such repairs or alterations shall so far order to minimize the free surface ef- as is practicable be made with mate- fect in both the longitudinal and trans- rials and tested in the manner specified verse directions. Except when other- within the regulations in this sub- wise considered necessary for inspec- chapter and subchapter Q (Specifica- tion or pumping, all hatch covers and tions) of this chapter for new construc- other hull closure devices for void tion. spaces and hull compartments shall be (b) Emergency repairs or alterations closed and secured at all times. In the shall be reported as soon as practicable case of unmanned barges, the person in to the Officer in Charge, Marine In- charge of the towing vessel shall be spection, where the vessel may call deemed to be in charge of the barge, after such repairs are made. and all requirements to be carried out on the barge shall be carried out by or § 35.01–45 Open hopper type barges— under the direction of such person. B/ALL. (3) When an open hopper type barge is (a) With the exception of those open in an exposed position, such that pro- hopper type barges constructed or tection from swamping provided by ad- modified in conformance with the re- joining barges cannot be obtained from quirements of subpart 32.63 of this sub- location within the two alone, it shall chapter, the special operating condi- be the responsibility of the person in tions in this section apply to all other charge of the towing vessel to control open hopper type barges carrying those speed so as to insure protection against cargoes listed in Table 30.25–1, of this diving and swamping of the barge, hav- chapter, which are defined as: ing due regard to its design and (1) Flammable liquids having a Reid freeboard, and to the operating condi- vapor pressure in excess of 25 pounds tions. per square inch, absolute, in inde- (d) To show that special operating re- pendent tanks (part 32 of this sub- quirements apply to a specific open chapter). hopper type barge, additional placards (2) Liquefied flammable gases (part 38 or signs shall be displayed in at least of this subchapter). four different locations on the barge (b) All open hopper type barges, while when the cargoes described in para- carrying in bulk any of the cargoes de- graph (a) of this section are carried in scribed in paragraph (a) of this section, any form in the cargo tanks. The plac- shall be operated in conformance with ards or signs shall be posted on the the provisions in this section. However, barge approximately amidships on each the provisions in this section are not side and near the centerline of each applicable to such barges when empty end, facing outboard. Racks, or other (not necessarily cleaned or gas-freed). suitable means, for mounting such (c)(1) Except as otherwise provided in placards or signs shall be so arranged this section, no such open hopper type as to provide clear visibility and shall barge shall be placed as a lead barge in be protected from becoming readily any tow. Such barges shall be placed in damaged or obscured. The placards or protected positions within the tow so signs shall be at least equal in dimen- that the danger from diving or swamp- sions to the DOT standard tank car ing will be minimized. Where, due to ‘‘Dangerous’’ placard (103⁄4 inches operating conditions, compliance with square or larger), and shall display a

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circle (10 inches in diameter or larger) essary pumping shall be carried out to with alternating quadrants of white insure maintenance of such water-free and red, and so mounted that the red condition in order to minimize the free quadrants are centered on the vertical surface effects, both in the longitudinal axis. The shipper and/or owner of the and transverse directions. Except when barge shall be responsible for the in- otherwise considered necessary for installation of the required placards or spection or pumping, all hatch covers signs, including maintenance of them and other hull closure devices for void while such barge is in temporary stor- spaces and hull compartments other age with cargo aboard. The person in than cargo spaces shall be closed and charge of the towing vessel shall be re- secured at all times. sponsible for the continued mainte- (f) During the time the cargo tanks nance of the placards or signs while contain dangerous cargoes described in such barge is in transit. paragraph (a) of this section in any amount, in the liquid or gaseous state, [CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as the barge shall be under constant sur- amended by CGFR 70–10, 35 FR 3709, Feb. 25, 1970; CGD 86–033, 53 FR 36024, Sept. 16, 1988] veillance. (1) A strict watch of each unmanned § 35.01–50 Special operating require- barge in tow shall be maintained from ments for tank barges carrying cer- the towing vessel while underway. tain dangerous bulk cargoes—B/ (2) A towing vessel engaged in trans- ALL. porting such unmanned barges shall (a) The requirements of this section not leave them unattended. When a shall apply to all tank barges carrying barge is moored, but not gas free, it those cargoes listed on Table 30.25–1, of shall be under the observation of a this chapter, which are defined as: watchman who may be a member of the (1) Flammable liquids having a Reid complement of the towing vessel, or a vapor pressure in excess of 25 pounds terminal employee, or other person. per square inch, absolute, in inde- Such person shall be responsible for the pendent tanks (part 32 of this sub- security of the barge and for keeping chapter). unauthorized persons off the barge. (2) Liquefied flammable gases (part 38 (g) The owner, operator, master, or of this subchapter). person in charge of any barge carrying (b) All tank barges constructed or dangerous cargoes described in para- modified in conformance with the re- graph (a) of this section shall insure quirements of subpart 32.63 of this sub- that, while the barge is being towed chapter are exempt from the provisions and during cargo transfer operations, of § 35.01–45. the persons as required by § 31.15–5 of (c) When it is necessary to operate this subchapter and § 35.35–1 are pro- box or square-end barges as lead barges vided. of tows, the person in charge of the [CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as towing vessel shall control the speed to amended by CGFR 70–10, 35 FR 3709, Feb. 25, insure protection against diving and 1970; CGD 73–243, 45 FR 18000, Mar. 20, 1980] swamping of such barges, having due regard to their design and freeboard, § 35.01–55 Pilot boarding operation. and to the operating conditions. (a) The master shall ensure that pilot (d) All barges, while carrying in bulk boarding equipment is maintained as any of the cargoes described in para- follows: graph (a) of this section, shall be oper- (1) The equipment must be kept clean ated in conformance with the provi- and in good working order. sions of this section. However, the pro- (2) Each damaged step or spreader visions of this section are not applica- step on a pilot ladder must be replaced ble to such barges when empty and gas- in kind with an approved replacement freed. step or spreader step, prior to further (e) Barges shall not be moved from a use of the ladder. The replacement step loading facility unless all bilges and or spreader step must be secured by the void spaces (except those used for method used in the original construc- ballasting) are substantially free of tion of the ladder, and in accordance water. Periodic inspections and nec- with manufacturer instructions.

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(b) The master shall ensure compli- (1) Subpart 160.053 of this chapter; or ance with the following during pilot (2) Subpart 160.077 of this chapter as boarding operations: a commercial hybrid PFD. (1) Only approved pilot boarding equipment may be used. [CGD 78–174A, 51 FR 4350, Feb. 4, 1986] (2) The pilot boarding equipment must rest firmly against the hull of the § 35.03–10 Use—TB/ALL. vessel and be clear of overboard dis- (a) Approved buoyant work vests are charges. considered to be items of safety ap- (3) Two man ropes, a safety line and parel and may be carried aboard tank an approved lifebuoy with an approved vessels to be worn by crew members water light must be at the point of ac- when working near or over the water cess and be immediately available for under favorable working conditions. use during boarding operations. They shall be used under the super- (4) Rigging of the equipment and em- vision and control of designated ship’s barkation/debarkation of a pilot must officers. When carried, such vests shall be supervised in person by a deck offi- not be accepted in lieu of any portion cer. of the required number of approved life (5) Both the equipment over the side preservers and shall not be substituted and the point of access must be ade- for the approved life preservers re- quately lit during night operations. quired to be worn during drills and (6) If a pilot hoist is used, a pilot lad- emergencies. der must be kept on deck adjacent to the hoist and available for immediate § 35.03–15 Shipboard stowage—TB/ use. ALL. [CGD 79–032, 49 FR 25455, June 21, 1984] (a) The approved buoyant work vests shall be stowed separately from the § 35.01–60 Person excluded. regular stowage of approved life pre- Masters and pilots shall exclude from servers. the pilothouse and navigation bridge (b) The locations for the stowage of while underway, all persons not con- work vests shall be such as not to be nected with the navigation of the ves- easily confused with that for approved sel. However, licensed officers of ves- life preservers. sels, persons regularly engaged in training, regulating, evaluating, or § 35.03–20 Shipboard inspections—TB/ learning the profession of pilot, offi- ALL. cials of the United States Coast Guard, (a) Each work vest shall be subject to United States Navy, United States examination by a marine inspector to Coast and Geodetic Survey, United determine its serviceability. If found to States Army Corps of Engineers, Mari- be satisfactory, it may be continued in time Administration, and National service, but shall not be stamped by a Transportation Safety Board may be marine inspector with a Coast Guard allowed in the pilothouse or upon the stamp. If a work vest is found not to be navigation bridge upon the responsi- in a serviceable condition, then such bility of the master or pilot. work vest shall be removed from the [CGD 91–023, 59 FR 16779, Apr. 8, 1994] vessel. If a work vest is beyond repair, it shall be destroyed or mutilated in Subpart 35.03—Work Vests the presence of a marine inspector so as to prevent its continued use as a § 35.03–1 Application—TB/ALL. work vest. (a) Provisions of this subpart shall apply to all tank vessels. § 35.03–25 Additional requirements for hybrid work vests. § 35.03–5 Approved types of work (a) In addition to the other require- vests—TB/ALL. ments in this subpart, commercial hy- (a) Each buoyant work vest carried brid PFD’s must be— under the permissive authority of this (1) Used, stowed, and maintained in section must be approved under— accordance with the procedures set out

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in the manual required for these de- (iii) Ensuring that periodic checks vices by § 160.077–29 of this chapter and are made of every tank barge in the any limitation(s) marked on them; and tow for leakage of cargo into the (2) Of the same or similar design and water, voids, or cofferdams and for have the same method of operation as leakage of water into the tanks, voids, each other hybrid PFD carried on or cofferdams; board. (iv) Knowing the cargo of every tank [CGD 78–174A, 51 FR 4350, Feb. 4, 1986; 51 FR barge in the tow, any hazards associ- 15497, Apr. 24, 1986] ated with the cargo, and what to do on discovery of a leak; Subpart 35.05—Officers and (v) Ensuring that the crew of the ves- Crews sel know the cargo of every tank barge in the tow, any hazards associated with § 35.05–1 Officers and crews of tank- the cargo, and what to do on discovery ships—T/ALL. of a leak; No tankship of the United States (vi) Reporting to the Coast Guard shall be navigated unless she shall have any leaks from a tank barge in the tow in her service and on board such com- into the water, as required by 33 CFR plement of officers and crew, including 151.15; and lifeboatmen and tankermen where required by the regulations in this sub- (vii) Ensuring that the crew of the chapter, separately stated, as called for vessel and other personnel in the vicin- in her certificate of inspection. ity of the tank barges in the tow follow the proper safety precautions for tank [CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as vessels, and that no activity takes amended by USCG–2006–24371, 74 FR 11265, Mar. 16, 2009] place in the vicinity of the barges that could create a hazard. §§ 35.05–5–35.05–10 [Reserved] (2) When a barge is moored and contains more oil than the normal § 35.05–15 Tank vessel security—TB/ clingage and unpumpable bilge or sump ALL. residues, the barge must be kept under (a) Manned tank vessel. At least one surveillance by a person responsible for member of the crew of a manned tank the security of the barge and for keep- vessel shall be on board at all times ex- ing unauthorized persons off the barge. cept when the vessel is gas free or is (3) When a barge is moored and con- moored at a dock or terminal at which watchman service is provided. tains no oil but is not gas free: (b) Unmanned barge. (1) The owner, (i) It must be maintained under sur- managing operator, master, and person veillance as required in paragraph in charge of a vessel towing a tank (b)(2) of this section; or barge that need not be manned, and (ii) All cargo tank hatches must be each of them, shall be responsible for clearly marked in not less than three monitoring the security and integrity inch lettering ‘‘Danger—Keep Out,’’ of the tank barge and for ensuring ad- and all hatch covers must be closed and herence to proper safety precautions. dogged down in such a way that the These responsibilities include, but are hatch cannot be opened by the use of not limited to— bare hands alone. (i) Ensuring that any tank barge added to the tow has all tank openings [CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as properly secured; has its freeing-ports amended by CGD 80–009,48 FR 36459, Aug. 11, and scuppers, if any, unobstructed; 1983; CGD 79–116, 60 FR 17155, Apr. 4, 1995] meets any loadline or freeboard re- § 35.05–20 Physical condition of crew— quirements; and neither leaks cargo TB/ALL. into the water, voids, or cofferdams nor leaks water into the tanks, voids, or No person shall be engaged as a mem- cofferdams; ber of the crew on a tank vessel if he is (ii) Ensuring that every tank barge known by the employer to be phys- in the tow is properly secured within ically or mentally incapable of per- the tow; forming the duties assigned him.

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§ 35.05–25 Illness, alcohol, drugs—TB/ the period of validity of the vessel’s ALL. certificate of inspection. (a) No person, known by the indi- [CGD 95–027, 61 FR 25999, May 23, 1996] vidual in charge of a tank vessel to be under the influence of liquor or other § 35.07–10 Actions required to be logged—TB/ALL. stimulant, or to be ill to such an extent as to unfit him for any particular (a) General—TB/ALL. The actions and service on the tank vessel, shall be al- observations noted in this section shall lowed to perform such service while in be entered in the Official Logbook or in logs or records considered to take place such condition. of the Official Logbooks. This section (b) When a member of the crew of a contains no requirements which are tank vessel which is loading bulk cargo not made in specific laws or in other of Grade A, B, or C arrives at the gang- regulations in this subchapter, the way and is observed to be in an intoxi- items being merely grouped together cated condition, he shall not be per- for convenience. mitted to board the vessel without es- (b) Entries—T/ALL. Entries shall be cort. made in the logs of tankships with respect to the following: Subpart 35.07—Logbook Entries (1) Onboard training, musters, and drills: held in accordance with sub- § 35.07–1 Application—TB/ALL. chapter W (Lifesaving Appliances or Arrangements) of this chapter. (a) Except as specifically noted, the (2) Draft and load line marks. For provisions of this subpart shall apply tankships of 150 gross tons and over, to all tank vessels. prior to leaving port for ocean, coastwise, and Great Lakes voyages only. § 35.07–5 Logbooks and records—TB/ See § 35.20–5. ALL. (3) Verification of vessel compliance (a) The master or person in charge of with applicable stability requirements. a vessel that is required by 46 U.S.C. After loading and prior to departure 11301 to have an official logbook shall and at all other times necessary to as- maintain the logbook on form CG-706. sure the safety of the vessel. See The official logbook is available free to § 35.20–7. masters of U.S.-flag vessels from the (4) Steering gear tests. Prior to de- officer in Charge, Marine Inspection, as parture, or for tank ships on voyages of form CG-706B or CG-706C, depending on less than 48 hours duration or tank- the number of persons employed in the ships operating on lakes, bays, sounds crew. When the voyage is completed, and rivers, once every week. See § 35.20– the master or person in charge shall 10. file the logbook with the Officer in (5) Fuel oil data. Upon receipt of fuel Charge, Marine Inspection. oil on board to be used as fuel. See (b) The master or person in charge of § 35.25–10. (6) Inspections and tests of fire- a vessel that is not required by 46 fighting equipment. Once every year. U.S.C. 11301 to have an official logbook, See § 31.10–18 of this subchapter. shall maintain, on board, an unofficial (7) Operation and inspection of the logbook or record in any form desired emergency lighting and power systems. for the purposes of making entries Once in each week that the vessel is therein as required by law or regula- navigated. See § 35.10–15. tions in this subchapter. Such logs or (8) Cargo gear inspections: At least records are not filed with the Officer in once a month. See § 31.37–70 of this sub- Charge, Marine Inspection, but must be chapter. kept available for review by a marine (c) Entries—B/ALL. Entries shall be inspector for a period of 1 year after made in the records for tank barges the date to which the records refer. with respect to the following: Separate records of tests and inspec- (1) Inspections and tests of fire- tions of fire fighting equipment must fighting equipment. Once every year. be maintained with the vessel’s logs for See § 31.10–18 of this subchapter.

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(2) Draft and load line marks. For lars of the maste fan controls, the posi- tank barges of 150 gross tons and over, tions of dampers, the location of the prior to leaving port for ocean, coast- remote means of stopping fans, and wise, and Great Lakes voyages only. identification numbers of the ven- (3) Cargo gear inspections: At least tilating fans serving each section. If once a month. See § 31.37–70 of this sub- cargo compartments are ‘‘specially chapter. suited for vehicles,’’ they shall be so (4) Verification of vessel compliance indicated on the plan. Alternatively, at with applicable stability requirements. the discretion of the Commandant, the After loading and prior to departure aforementioned details may be set out and at all other times necessary to as- in any other medium, such as a booklet sure the safety of the vessel. See or on computer software, provided that § 35.20–7. the aforementioned details are available to each officer and a copy is re- [CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 89–037, 57 FR 41821, Sept. 11, tained on board at all times and is ac- 1992; CGD 84–069, 61 FR 25286, May 20, 1996, cessible during emergencies. For ves- CGD 95–028, 62 FR 51199, Sept. 30, 1997] sels constructed on or after September 30, 1997 or for existing vessels which Subpart 35.08—Stability have their plans redrawn, the symbols used to identify the aforementioned de- Information tails shall be in accordance with IMO § 35.08–1 Posting of stability letter. Assembly resolution A.654(16). These identical symbols can also be found in If a stability letter is issued under ASTM Adjunct F 1626 (incorporated by § 170.120 of this chapter, it must be reference, see § 35.01–3). posted under glass or other suitable (b) Plans showing clearly for each transparent material in the pilothouse deck the boundaries of the watertight of the vessel. compartments, the openings therein [CGD 79–023, 48 FR 51006, Nov. 4, 1983] with the means of closure and position of any controls thereof, and the ar- Subpart 35.10—Fire and rangements for the correction of any Emergency Requirements list due to flooding. (c) The information contained in the § 35.10–1 Emergency training, musters, plans shall be kept up-to-date, and any and drills—T/ALL. changes shall be recorded as soon as Onboard training, musters, and drills possible. must be in accordance with subchapter [CGD 95–028, 62 FR 51199, Sept. 30, 1997, as W (Lifesaving Appliances and Arrange- amended by USCG-2000–7790, 65 FR 58459, ments) of this chapter. Sept. 29, 2000]

[CGD 84–069, 61 FR 25286, May 20, 1996] § 35.10–5 Muster lists, emergency signals, and manning—T/ALL. § 35.10–3 Display of plans—TB/ALL. The requirements for muster lists, Barges with sleeping accommoda- emergency signals, and manning must tions for more than six persons and all be in accordance with subchapter W sef-propelled vessels shall have perma- (Lifesaving Appliances and Arrange- nently exhibited for the guidance of ments) of this chapter. the officer in charge of the vessel the following plans: [CGD 84–069, 61 FR 25287, May 20, 1996] (a) General arrangement plans showing for each deck the fire control sta- § 35.10–15 Emergency lighting and tions, the various sections enclosed by power systems—T/ALL. fire-resisting bulkheads, together with (a) Where fitted, it shall be the duty particulars of the fire alarms, detect- of the master to see that the emer- ing systems, the sprinkle installation gency lighting and power systems are (if any), the fire extinguishing appli- tested and inspected at least once in ances, means of access to different each week that the vessel is navigated compartments, decks, etc., and the to be assured that the system is in ventilating systems including particu- proper operating condition.

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(b) Internal combustion engine driv- the safety of navigation on the Great en emergency generators shall be test- Lakes. These notices may be obtained ed under load for at least 2 hours, at free of charge, by making application least once in each month that the ves- to Commander, 9th Coast Guard Dis- sel is navigated. trict. (c) Storage batteries for emergency (c) Weekly Notices to Mariners lighting and power systems shall be (worldwide coverage) are prepared tested at least once in each 6-month jointly by the National Imagery and period that the vessel is navigated to Mapping Agency, National Ocean Serv- demonstrate the ability of the storage ice, and the U.S. Coast Guard. They in- battery to supply the emergency loads clude changes in aids to navigation in for the period of time specified in Table assembled form for the 1st, 5th, 7th, 112.05–5(a) of this chapter. Greater Antilles Section, 8th, 11th, (d) The date of the tests required by 13th, 14th, and 17th Coast Guard Dis- this section and the condition and per- tricts. Foreign marine information is formance of the apparatus shall be also included in these notices. These noted in the vessel’s Official Logbook notices are available without charge or in logs or records considered to take from the National Imagery and Map- the place of the Official Logbook. ping Agency, U.S. Collector of Customs [CGFR 65–50, 30 FR 16709, Dec. 30, 1965, as of the major seaports in the United amended by CGFR 70–143, 35 FR 19905, Dec. States and are also on file in the U.S. 30, 1970] Consulates where they may be inspected. Subpart 35.15—Notice and Re- (d) As appropriate for the intended porting of Casualty and Voy- voyage, all vessels must carry adequate and up-to-date: age Records (1) Charts; § 35.15–1 Notice and reporting of cas- (2) Sailing directions; ualty and voyage records—TB/ALL. (3) Coast pilots; (4) Light lists; The requirements for providing no- (5) Notices to mariners; tice and reporting of marine casualties (6) Tide tables; and for retaining voyage records are (7) Current tables; and contained in part 4 of this chapter. (8) All other nautical publications [CGD 84–099, 52 FR 47535, Dec. 14, 1987; 53 FR necessary. 1 13117, Apr. 21, 1988] [CGFR 66–33, 31 FR 15268, Dec. 6, 1966, as amended by CGFR 68–32, 33 FR 5714, Apr. 12, Subpart 35.20—Navigation 1968; CGD 75–074, 42 FR 5963, Jan. 31, 1977; CGD 88–070, 53 FR 34534, Sept. 7, 1988; USCG- § 35.20–1 Notice to mariners; aids to 2001–10224, 66 FR 48619, Sept. 21, 2001] navigation—T/OCLB. (a) Licensed officers are required to § 35.20–5 Draft of tankships—T/OC. acquaint themselves with the latest in- The master of every tankship shall, formation published by the Coast whenever leaving port, enter the max- Guard and the National Imagery and imum draft of his vessel in the log- Mapping Agency regarding aids to book. navigation, and neglect to do so is evidence of neglect of duty. It is desirable § 35.20–7 Verification of vessel compli- that vessels navigating oceans and ance with applicable stability re- coastwise and Great Lakes water shall quirements—TB/ALL. have available in the pilothouse for (a) Except as provided in paragraph convenient reference at all times a file (d) of this section, after loading and of the applicable Notice to Mariners. prior to departure and at all other (b) Weekly Notices to Mariners times necessary to assure the safety of (Great Lakes Edition), published by the the vessel, the master or person in Commander, 9th Coast Guard District, contain announcements and informa- 1 For United States vessels in or on the tion on changes in aids to navigation navigable waters of the United States, see 33 and other marine information affecting CFR 164.33.

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charge shall determine that the vessel § 35.20–30 Flashing the rays of a complies with all applicable stability searchlight or other blinding light— requirements in the vessels’s trim and T/ALL. stability book, stability letter, Certifi- No person shall flash, or cause to be cate of Inspection, and Load Line Cer- flashed, the rays of a search light or tificate, as the case may be. The vessel other blinding light onto the bridge or may not depart until it is in compli- into the pilothouse of any vessel under ance with these requirements. way. (b) When determining compliance [CGD 95–027, 61 FR 26000, May 23, 1996] with applicable stability requirements the vessel’s draft, trim, and stability § 35.20–35 Whistling—T/ALL. must be determined as necessary. (c) If a log book is required by § 35.07– The unnecessary sounding of a vessel’s whistle is prohibited within any 5, then the master or person in charge harbor limits of the United States. must enter an attestation statement verifying that the vessel complies with [CGD 95–027, 61 FR 26000, May 23, 1996] the applicable stability requirements at the times specified in paragraph (a) § 35.20–40 Maneuvering characteris- and any stability calculations made in tics—T/OC. support of the determination must be For each ocean and coastwise tank- retained on board the vessel for the du- ship of 1,600 gross tons or over, the fol- ration of the voyage. lowing apply: (d) Stability verification is not re- (a) The following maneuvering infor- quired for tank barges whose Certifi- mation must be prominently displayed cate of Inspection carries draft restric- in the pilothouse on a fact sheet: tions for purposes other than stability. (1) For full and half speed, a turning circle diagram to port and starboard [CGD 88–037, 57 FR 41821, Sept. 11, 1992] that shows the time and the distance of advance and transfer required to alter § 35.20–10 Steering gear test—T/ALL. the course 90 degrees with maximum On all tankships making voyages of rudder angle and constant power set- more than 48 hours’ duration, the en- tings. tire steering gear, the whistle, the (2) The time and distance to stop the means of communication, and the sig- vessel from full and half speed while naling appliances between the bridge or maintaining approximately the initial pilothouse and engineroom shall be ex- heading with minimum application of amined and tested by a licensed officer rudder. of the vessel within a period of not (3) For each vessel with a fixed pro- more than 12 hours before leaving port. peller, a table of shaft revolutions per All such vessels making voyages of less minute for a representative range of than 48 hours’ duration or operating on speeds. lakes, bays, sounds, and rivers shall be (4) For each vessel with a control- so examined and tested at least once in lable pitch propeller a table of control every week. The fact and time of such settings for a representative range of examination and test shall be recorded speeds. in the ship’s logbook. (5) For each vessel that is fitted with an auxiliary device to assist in maneu- § 35.20–20 Master’s and officer’s re- vering, such as a bow thruster, a table sponsibility—TB/ALL. of vessel speeds at which the auxiliary Nothing in this part shall exonerate device is effective in maneuvering the any master or officer in command from vessel. the consequences of any neglect to (b) The maneuvering information keep a proper lookout or the neglect of must be provided for the normal load any precaution which may be required and normal ballast condition for: by the ordinary practice of seamen or (1) Calm weather—wind 10 knots or by the special circumstances of the less, calm sea; case. (2) No current;

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(3) Deep water conditions—water (1) It is possible to immediately es- depth twice the vessel’s draft or great- tablish manual control of the ship’s er; and steering; (4) Clean hull. (2) A competent person is ready at all (c) At the bottom of the fact sheet, times to take over steering control; the following statement must appear: and (3) The changeover from automatic WARNING to manual steering and vice versa is The response of the (name of the vessel) may made by, or under, the supervision of be different from those listed above if any of the officer of the watch. the following conditions, upon which the maneuvering information is based, are varied: [CGD 75–074, 42 FR 5963, Jan. 31, 1977, as (1) Calm weather—wind 10 knots or less, amended by CGD 91–204, 58 FR 27633, May 10, calm sea; 1993] (2) No current; (3) Water depth twice the vessel’s draft or Subpart 35.25—Engine greater; Department (4) Clean hull; and (5) Intermediate drafts or unusual trim. § 35.25–1 Examination of boilers and (d) The information on the fact sheet machinery by engineer—T/ALL. must be: It shall be the duty of an engineer (1) Verified six months after the ves- when assuming charge of the boilers to sel is placed in service; or examine the same forthwith and thor- (2) Modified six months after the ves- oughly. If any part thereof is found in sel is placed into service and verified bad condition, the engineer shall im- within three months thereafter. mediately report the facts to the mas- (e) The information that appears on ter, owner, or agent, and to the nearest the fact sheet may be obtained from: Officer in Charge, Marine Inspection. (1) Trial trip observations; [CGD 95–027, 61 FR 26000, May 23, 1996] (2) Model tests; (3) Analytical calculations; § 35.25–5 Repairs of boilers and (4) Simulations; unfired pressure vessels and re- (5) Information established from an- ports of repairs or accidents by other vessel of similar hull form, chief engineer—TB/ALL. power, rudder and propeller; or (a) Before making any repairs to boil- (6) Any combination of the above. ers or unfired pressure vessels, the The accuracy of the information in the chief engineer shall submit a report fact sheet required is that attainable covering the nature of the repairs to by ordinary shipboard navigation the Officer in Charge, Marine Inspec- equipment. tion, at or nearest to the port where (f) The requirements for information the repairs are to be made. for fact sheets for specialized craft (b) In the event of an accident to a such as semi-submersibles, hydrofoils, boiler, unfired pressure vessel, or ma- hovercraft and other vessels of unusual chinery tending to render the further design will be specified on a case by use of the item itself unsafe until re- case basis. pairs are made, or if by ordinary wear such items become unsafe, a report [CGD 73–78, 40 FR 2689, Jan. 15, 1975] shall be made by the chief engineer immediately to the Officer in Charge, Ma- § 35.20–45 Use of Auto Pilot—T/ALL. rine Inspection, or if at sea, imme- Except as provided in 33 CFR 164.13, diately upon arrival at port. when the automatic pilot is used in: (a) Areas of high traffic density; § 35.25–10 Requirements for fuel oil— (b) Conditions of restricted visibility; T/ALL. and (a) Oil to be used as fuel to be burned (c) All other hazardous navigational under boilers on tankships shall have a situations, the master shall ensure flashpoint of not less than 140°F. that: (Pensky-Martens Closed Cup Method,

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ASTM D 93) (incorporated by reference, (c) Warning sign in radio room. A sign see § 35.01–3). shall be placed in radio room warning (b) It shall be the duty of the chief against the use of radio equipment dur- engineer to make an entry in the log of ing transfer of Grade A, B, or C liquids, each supply of fuel oil received on except by permission of senior deck of- board, stating the quantity received, ficer. the name of the vendor, the name of (d) [Reserved] the oil producer, and the flashpoint (e) Additional placards or signs re- (Pensky-Martens Closed Cup Method, quired in connection with the move- ASTM D 93) (incorporated by reference, ment of certain open hopper type see § 35.01–3) for which it is certified by barges are described in § 35.01–45. the producer. (c) It shall be the further duty of the [CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as amended by CGFR 70–143, 35 FR 19905, Dec. chief engineer to draw and seal at the 30, 1970; CGD 73–96, 42 FR 49024, Sept. 26, 1977; time the supply is received on board, a CGD 73–243, 45 FR 18000, Mar. 20, 1980] half-pint sample of each lot of fuel oil, such sample to be preserved until that § 35.30–5 Fires, matches, and smok- particular supply of oil is exhausted. ing—TB/ALL. [CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as (a) General. In making the determina- amended by CGFR 68–82, 33 FR 18805, Dec. 18, tions required under paragraphs (b), 1968; CGD 73–254, 40 FR 40163, Sept. 2, 1975; (c), and (d) of this section the senior USCG-2000–7790, 65 FR 58459, Sept. 29, 2000] deck officer on duty, who shall be a licensed officer or certificated § 35.25–15 Carrying of excess steam— tankerman, shall exercise his skill and TB/ALL. experience with due regard to attend- It shall be the duty of the chief engi- ant conditions and circumstances, in- neer of any tank vessel to see that a cluding consideration for location of steam pressure is not carried in excess shore side facilities, maintenance of of that allowed by the certificate of in- mobility, provision for fire protection, spection, and to see that the safety state or change of winds, tides, sea, valves, once set by the inspector, are in weather conditions, forces of nature no way tampered with or made inoper- and other circumstances generally be- ative. yond human control. [CGD 95–028, 62 FR 51199, Sept. 30, 1997] (b) Boiler fires. Boiler fires are normally permitted during cargo transfer Subpart 35.30—General Safety operations: Provided, That prior to Rules loading Grades A, B, and C cargoes, the senior deck officer on duty, who shall § 35.30–1 Warning signals and signs— be a licensed officer or certificated TB/ALL. tankerman, shall make an inspection (a) Red warning signals. During trans- to determine whether in his judgment fer of bulk cargo while fast to a dock, boiler fires may be maintained with a red signal (flag by day and electric reasonable safety during the loading lantern at night) shall be so placed operation. that it will be visible on all sides. (c) Smoking. Smoking is prohibited on While transferring bulk cargo at an- the weather decks of tank vessels when chor, a red flag only shall be displayed. they are not gas free or are alongside (b) Warning sign at gangway. A sign docks. At other times and places the shall be displayed to warn persons ap- senior deck officer on duty, who shall proaching the gangway, while a vessel be a licensed officer or certificated is moored or anchored unless it is tankerman, shall designate when and empty and gas-freed. The sign shall where the crew may smoke: Provided, state in letters not less than 2 inches That prior to loading Grade A, B, or C high substantially as follows: cargo the master or senior deck officer on duty shall make an inspection to de- Warning termine if and where, in his judgment, No open lights. smoking may be permitted with rea- No smoking. sonable safety during the loading oper- No visitors. ation.

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(d) Matches. The use of other than (1) One pressure-demand, open-cir- safety matches is forbidden aboard cuit, self-contained breathing appa- tank vessels at all times. ratus, approved by the Mine Safety and Health Administration (MSHA) and by [CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 95–012, 60 FR 48049, Sept. 18, the National Institute for Occupational 1995] Safety and Health (NIOSH) and having at a minimum a 30-minute air supply, a § 35.30–10 Cargo tank hatches, ullage full facepiece, and a spare charge. holes, and Butterworth plates—TB/ (2) One lifeline with a belt or a suit- ALL. able harness. No cargo tank hatches, ullage holes, (3) One, Type II or Type III, flash- or Butterworth plates shall be opened light constructed and marked in ac- or shall remain open without flame cordance with ASTM F 1014 incor- screens, except under the supervision porated by reference, see § 35.01–3). of the senior members of the crew on (4) One fire ax. duty, unless the tank opened is gas (5) Boots and gloves of rubber or free. other electrically nonconducting material. § 35.30–15 Combustible gas indicator— (6) A rigid helmet which provides ef- TB/ALL. fective protection against impact. (a) The provisions of this section (7) Protective clothing of material shall apply only to United States flag that will protect the skin from the vessels. heat of fire and burns from scalding (b) Manned tank barges and tank- steam. The outer surface shall be water ships authorized to carry Grade A, B, resistant. C, or D liquids at any temperature, or (d) A self-contained compressed-air Grade E liquids at elevated tempera- breathing apparatus previously ap- tures, shall be provided with a combus- proved by MSHA and NIOSH under part tible gas indicator suitable for deter- 160, subpart 160.011, of this chapter may mining the presence of explosive con- continue in use as required equipment centrations of the cargo carried. An in- if it was part of the vessel’s equipment dicator which bears the label of Under- on November 23, 1992, and as long as it writers’ Laboratories Inc., Factory Mu- is maintained in good condition to the tual Engineering Division, or other or- satisfaction of the Officer in Charge, ganizations acceptable to the Com- Marine Inspection. mandant will be accepted as meeting (e) Lifelines shall be of steel or this requirement. bronze wire rope. Steel wire rope shall § 35.30–20 Emergency equipment—TB/ be either inherently corrosion resistant ALL or made so by galvanizing or tinning. Each end shall be fitted with a hook (a) Two emergency outfits, stored for with keeper having a throat opening use in widely separated, accessible lo- which can be readily slipped over a 5/8- cations, are required for the following: inch bolt. The total length of the life- (1) All tankships on international line shall be dependent upon the size voyage. and arrangement of the vessel, and (2) All tankships over 1,000 gross more than one line may be hooked to- tons. gether to achieve the necessary length. (3) All tankships having cargo tanks No individual length of lifeline may be which exceed 15 feet in depth, measured less than 50 feet in length. The assem- from the deck to the lowest point at bled lifeline shall have a minimum which cargo is carried. breaking strength of 1,500 pounds. (b) One emergency outfit is required for all manned tank barges having [CGD 73–11R, 38 FR 27354, Oct. 3, 1973, as cargo tanks which exceed 15 feet in amended by CGD 75–074, 42 FR 5963, Jan. 31, 1977; CGD 82–042, 53 FR 17704, May 18, 1988; depth, measured from the deck to the CGD 86–036, 57 FR 48324, Oct. 23, 1992; 57 FR lowest point at which cargo is carried. 56406, Nov. 27, 1992; CGD 95–028, 62 FR 51199, (c) Each emergency outfit shall be Sept. 30, 1997; USCG-1999–5151, 64 FR 67177, equipped as follows: Dec. 1, 1999]

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§ 35.30–25 Explosives—TB/ALL. tanks, fuel oil tanks, cargo pump- Fulminates or other detonating com- rooms, or enclosed spaces immediately pounds in bulk in dry condition; explo- above or adjacent to bulk cargo tanks sive compositions that ignite spontane- unless all the following conditions are ously or undergo marked decomposi- met: tion when subjected for forty-eight (1) The compartment itself is gas- consecutive hours to a temperature of free; 167 °F. or more; composition containing (2) The compartments adjacent and an ammonium salt and a chlorate; and the compartments diagonally adjacent other like explosives shall not be ac- are either: cepted, stored, stowed or transported (i) Gas-free; on board tank vessels. (ii) Inerted; (iii) Filled with water; § 35.30–30 Portable electric equipment—TB/ALL. (iv) Contain Grade E liquid and are closed and secured; or Portable electric equipment must not (v) Are spaces in which flammable be used in a hazardous location de- vapors and gases normally are not ex- scribed in subpart 111.105 of this chap- pected to accumulate; and, ter except: (a) Self-contained, battery-fed, explo- (3) All other compartments of the sion-proof lamps approved by Under- vessel in which flammable vapors and writers Laboratories Inc., Factory Mu- gases may normally be expected to actual Research Corporation, or other cumulate are closed and secured. independent laboratory recognized by (b) This section does not prohibit the the Commandant, for use in a Class I, use of small hand tools in such loca- Division 1 location for the electrical tions. group classification of the cargo; [CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as (b) Intrinsically safe equipment ap- amended by USCG-2004–18884, 69 FR 58345, proved by Underwriters Laboratories Sept. 30, 2004] Inc., Factory Mutual Research Cor- poration, or other independent labora- § 35.30–40 Flammable liquid and gas tory recognized by the Commandant, fuels as ship’s stores—TB/ALL. for use in a Class I, Division 1 location Flammable liquids and gases other for the electrical group classification than diesel fuel, to be used as fuel for of the cargo; and approved equipment must satisfy the (c) Any electrical equipment, if: following: (1) The hazardous location is: (a) Stowage must be in containers ap- (i) Enclosed; and (ii) Gas free; proved by DOT or A.S.M.E. for the con- (2) The adjacent compartments are: tents carried, or in a portable safety (i) Gas free; container approved by a recognized (ii) Inerted; testing laboratory for the contents car- (iii) Filled with water; ried. (iv) Filled with Grade E liquid; or (b) The contents must be marked on (v) Spaces where flammable gases are the containers, and the containers not expected to accumulate; and: must be labeled in accordance with (3) Each compartment where flam- DOT requirements for flammable liq- mable gas is expected to accumulate is: uids and gases. (i) Closed; and (c) Containers must be stowed on or (ii) Secured. above the weather deck in locations designated by the master. Containers [CGD 74–125A, 47 FR 15230, Apr. 8, 1982] specified in paragraph (a)(1) of this sec- § 35.30–35 Spark producing devices— tion which do not exceed a capacity of TB/ALL. five gallons may be stowed below the (a) Where Grades A, B, C, and D liq- weather deck in a paint or lamp locker. uid cargoes are involved, power driven [CGD 80–009, 48 FR 36459, Aug. 11, 1983, as or manually operated spark producing amended by CGD 86–033, 53 FR 36024, Sept. 16, devices shall not be used in bulk cargo 1988; CGD 95–028, 62 FR 51199, Sept. 30, 1997]

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Subpart 35.35—Cargo Handling (d) On each foreign tank barge— (1) The owner, managing operator, § 35.35–1 Persons on duty—TB/ALL. master, and person in charge of the (a) On each tankship required to be vessel, and each of them, shall ensure documented under the laws of the that no transfer of liquid cargo in bulk United States, the owner, managing or cleaning of a cargo tank takes place operator, master, and person in charge unless under the supervision of a quali- of the vessel, and each of them, shall fied person designated as the person in ensure that— charge of the transfer or the cleaning (1) Enough ‘‘Tankerman-PICs’’ or re- under subpart C of 33 CFR part 155. stricted ‘‘Tankerman-PICs’’, and (2) The person designated as the per- ‘‘Tankerman-Assistants’’, authorized son in charge of the transfer shall en- for the classification of cargo carried, sure that enough qualified personnel are on duty to safely transfer liquid are on duty to safely transfer liquid cargo in bulk or safely clean cargo cargo in bulk or safely clean cargo tanks; and tanks. (2) Each transfer of liquid cargo in (e) The person in charge of the trans- bulk and each cleaning of a cargo tank fer of liquid cargo in bulk on the tank is supervised by a person qualified to vessel shall be responsible for the safe be the person in charge of the transfer loading and discharge of the liquid or the cleaning under subpart C of 33 cargo in bulk. CFR part 155. (f) The person in charge of the trans- (b) On each United States tank barge fer of liquid cargo in bulk on each subject to inspection— United States tank vessel, when (1) The owner, managing operator, lightering to or from a foreign tank master, and person in charge of the vessel, shall ensure that the person in vessel, and each of them, shall ensure charge on the foreign tank vessel, or that no transfer of liquid cargo in bulk his or her interpreter, is capable of or cleaning of a cargo tank takes place reading, speaking, and understanding unless under the supervision of a quali- the English language well enough to fied person designated as the person in allow a safe transfer. charge of the transfer or the cleaning under subpart C of 33 CFR part 155; and [CGD 79–116, 60 FR 17155, Apr. 4, 1995] (2) The person designated as the person in charge of the transfer shall en- § 35.35–5 Electric bonding—TB/ALL. sure that— A tank vessel may be electrically (i) Enough qualified personnel are on connected to the shore piping, through duty to safely transfer liquid cargo in which the cargo is to be transferred, bulk or safely clean cargo tanks; and prior to the connecting of a cargo hose. (ii) The approved portable extin- This electrical connection, if made, guishers required by Table 34.50–10(a) of shall be maintained until after the this chapter are aboard and readily cargo hose has been disconnected, and available before any transfer of liquid any spillage has been removed. cargo in bulk or any operation of barge machinery or boilers. [CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as (c) On each foreign tankship, the amended by CGFR 66–33, 31 FR 15268, Dec. 6, owner, managing operator, master, and 1966] person in charge of the vessel, and each of them, shall ensure that— § 35.35–10 Closing of freeing-ports, (1) Enough personnel, qualified for scuppers, and sea valves—TB/ALL. the classification of cargo carried, are The person in charge of each transfer on duty to safely transfer liquid cargo of liquid cargo in bulk shall ensure in bulk or safely clean cargo tanks; and that all freeing-ports and scuppers are (2) Each transfer of liquid cargo in properly plugged during the transfer bulk and each cleaning of a cargo tank except on tank vessels using water for is supervised by a qualified person des- cooling decks. Although under no cir- ignated as a person in charge of the cumstances may sea valves be secured transfer or the cleaning under subpart by locks, the valves must be closed, C of 33 CFR part 155. and lashed or sealed, to indicate that

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they should not be opened during the to determine whether boiler fires can transfer. be maintained with reasonable safety. (i) In loading Grades A, B, and C car- [CGD 79–116, 60 FR 17156, Apr. 4, 1995] goes, that an inspection has been made § 35.35–15 Connecting for cargo trans- to determine whether galley fires can fer—TB/ALL. be maintained with reasonable safety. (j) In loading Grades A, B, or C car- (a) Movement of the vessel must be goes, that an inspection has been made considered to insure safe cargo trans- to determine whether smoking may be fer. Suitable material must be used in permitted with reasonable safety in joints and in couplings to insure that areas other than the weather deck. connections are tight. A bolted flanged (k) On tankships the construction or coupling must not have less than four conversion of which is started on or bolts, under any circumstances. after July 1, 1951, which are to load or (b) When cargo connections are sup- discharge Grade A cargo, all openings ported by ship’s tackle, the person in in the top of the tanks, except the charge of the transfer of liquid cargo in branch vent lines and covers to ullage bulk shall determine the weights in- hole sounding pipes, are tightly closed. volved to ensure that adequate tackle (See §§ 32.20–20 and 32.55–20 of this sub- is used. chapter.) (c) Pans or buckets shall be placed (l) On tankships the construction or under cargo hose connections on the conversion of which is started on or tank vessel. after July 1, 1951, which are to load or [CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as discharge Grade A cargo, the method amended by CGD 80–009, 48 FR 36459, Aug. 11, for determining the liquid level in the 1983; CGD 79–116, 60 FR 17156, Apr. 4, 1995] tank without opening ullage holes, cargo hatches or Butterworth plates is § 35.35–20 Inspection before transfer of in proper order. (See § 32.20–20 of this cargo—TB/ALL. subchapter.) Before the transfer of liquid cargo in (m) When a transfer operation in- bulk, the person in charge of the trans- cludes collection of cargo vapor from a fer shall inspect the vessel to ensure vessel’s cargo tanks through a vapor the following: control system not located on the ves- (a) Warnings are displayed as re- sel: quired. (1) Each part of the vapor collection (b) No repair work in way of cargo system is aligned to allow vapor to spaces is being carried on without his flow to a facility vapor control system, permission. or if lightering, to the other vessel; (c) Cargo connections have been (2) Vapor collection hoses or arms are made as described in § 35.35–15 and connected to the vessel vapor collec- cargo valves are set. tion connection; (d) All cargo connections have been (3) The electrical insulation require- made to the vessel’s pipeline, and not ments of 33 CFR 154.810(g) or § 39.40–3(c) through an open end hose led through a of this subchapter are provided be- hatch. tween the vessel vapor connection and (e) In loading Grades A, B, and C car- the facility or service vessel vapor con- goes, there are no fires or open flames nection; present on the deck, or in any compart- (4) The maximum cargo transfer rate ment which is located on, facing, open, is determined in accordance with and adjacent to that part of the deck § 39.30–1(d) of this subchapter; on which cargo connections have been (5) The maximum and minimum op- made. erating pressures at the facility vapor (f) The shore terminal or the other connection, or vessel vapor connection tank vessel concerned has reported if lightering, are determined; itself in readiness for transfer of cargo. (6) The overfill control system on a (g) All sea valves connected to the tank barge, if fitted in accordance with cargo piping system are closed. § 39.20–9(b) of this subchapter, is con- (h) In loading Grades A, B, and C car- nected to the facility, tested and oper- goes, that an inspection has been made ating properly;

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(7) Each alarm required by §§ 39.20–7, llllllllllllllllllllllll 39.20–9 and 39.40–3(a) of this subchapter llllllllllllllllllllllll has been tested not more than 24 hours I, llllllllll, the person in charge prior to the start of the transfer oper- of the transfer of liquid cargo in bulk about ation and is operating properly; to begin, do certify that I have personally in- (8) Each vapor recovery hose has no spected this vessel with reference to the fol- unrepaired loose covers, kinks, bulges, lowing requirements set forth in 46 CFR soft spots, or any other defect which 35.35–20, and that opposite each of the applicable items listed below I have indicated would permit the discharge of vapors whether the vessel complies with all perti- through the hose material, and no nent regulations. gouges, cuts, or slashes that penetrate (1) Are warnings displayed as required? the first layer of hose reinforcement; (2) Is there any repair work in way of cargo and spaces being carried on for which permission (9) The oxygen content of the vessel’s has not been given? cargo tanks, if inerted, is at or below 8 (3) Have cargo connections been made as described in 46 CFR 35.35–15 and are cargo percent by volume. valves set? [CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as (4) Have all cargo connections been made amended by CGD 80–009, 48 FR 36459, Aug. 11, to the vessel’s pipeline and not through an 1983; CGD 88–102, 55 FR 25446, June 21, 1990; open-end hose led through a hatch? CGD 79–116, 60 FR 17156, Apr. 4, 1995] (5) Are there any fires or open flames present on the deck or in any compartment § 35.35–25 Approval to start transfer of which is located on, open or adjacent to or cargo—TB/ALL. facing the main deck of the vessels on which the cargo connections have been made? When the person in charge of the (6) Has the shore terminal or other tank transfer of liquid cargo in bulk has en- vessel concerned reported itself in readiness sured that the requirements of §§ 35.35– for transfer of cargo? 20 and 35.35–30 have been met, he or she (7) Are sea valves connected to the cargo may give approval to start the trans- piping system closed? fer. (8) If Grades, A, B, or C cargoes are to be loaded and boiler fires are lighted, has an in- [CGD 79–116, 60 FR 17156, Apr. 4, 1995] spection been made to determine whether these fires may be maintained with reason- § 35.35–30 ‘‘Declaration of Inspection’’ able safety? for tank vessels—TB/ALL. (9) If Grades A, B, or C cargoes are to be (a) After an inspection under § 35.35– loaded and galley fires are lighted, has an inspection been made to determine whether 20, but before a transfer of cargo, fuel the galley fires may be maintained with rea- oil, or bunkers may commence as de- sonable safety? scribed in this section and 33 CFR (10) If Grades A, B, or C cargoes are to be 156.120 and 156.150, the person in charge loaded, has an inspection been made to de- of the transfer shall prepare, in dupli- termine whether smoking is to be permitted cate, a Declaration of Inspection. The in areas not on the weather decks? original must be kept aboard the ves- (11) If smoking is to be permitted in areas not on the weather decks, have those areas sel, and the duplicate provided to the been designated? terminal supervisor or that person’s (12) Is the inert gas system being operated representative. The supervisor or the as necessary to maintain an inert atmos- representative may, upon demand, in- phere in the cargo tanks in compliance with spect the vessel to determine whether 46 CFR 32.53–5? its condition is as stated on the Dec- (13) Have the applicable sections of the ves- laration of Inspection. sel response plan been reviewed before com- (b) The Declaration of Inspection mencing transfer, and arrangements or contingencies made for implementation of the may be in any form, but must contain Plan should the need arise? at least: (c) In addition to the requirements in Declaration of Inspection Before Transfer of paragraph (b) of this section, if a trans- Liquid Cargo in Bulk fer operation includes the collection of Date lllllllllllllllllllll cargo vapor from a vessel’s cargo tanks Vessel llllllllllllllllllll through a vapor control system not lo- Port of lllllllllllllllllll cated on the vessel, the Declaration of Product[s] being transferred— Inspection must include the following (Classification[s] and Kind[s]) as an appendix:

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(1) Is each part of the vapor collection sys- continued under the following condi- tem aligned to allow vapor to flow to the fa- tions: cility vapor connection or, if lightering, to (a) During severe electrical storms. the other vessel? (2) Are the vapor collection hoses or arms (b) If a fire occurs on the wharf or on connected to the vessel’s vapor collection the tanker or in the vicinity. connection? (3) Are the vessel and facility vapor con- § 35.35–42 Restrictions on vessels nections electrically isolated? alongside a tank vessel loading or (4) Have the initial transfer rate and the unloading cargo of Grade A, B, or maximum transfer rate been determined? C—TB/ALL. (5) Have the maximum and minimum operating pressures at the facility vapor connec- (a) No vessel may come alongside or tion, or the vessel vapor connection if remain alongside a tank vessel in way lightering, been determined? of its cargo tanks while it is loading or (6) Have all alarms required by §§ 39.20–7, unloading cargo of Grade A, B, or C 39.20–9 and 39.40–3(a) of this subchapter been without permission of the person in tested within 24 hours prior to the start of charge of the transfer on the tank ves- the transfer operation and found to be oper- sel. ating properly? (7) Is each vapor recovery hose free of (b) No vessel may come alongside or unrepaired loose covers, kinks, bulges, soft remain alongside a tank vessel in way spots, or any other defect which would per- of its cargo tanks while it is loading or mit the discharge of vapors through the hose unloading cargo of Grade A, B, or C un- material, and gouges, cuts, or slashes that less the conditions then prevailing are penetrate the first layer of hose reinforce- acceptable to the persons in charge of ment? cargo-handling on both vessels. (8) Has the oxygen concentration of all inerted cargo tanks been verified to be 8 per- [CGD 79–116, 60 FR 17156, Apr. 4, 1995] cent or less? [CGD 80–009, 48 FR 36459, Aug. 11, 1983, as § 35.35–45 Auxiliary steam, air, or elec- amended by CGD 88–102, 55 FR 25446, June 21, tric current—B/ALL. 1990; CGD 79–116, 60 FR 17156, Apr. 4, 1995; When discharging cargo from one or CGD 79–116, 62 FR 25135, May 8, 1997] more barges, the towing vessel may § 35.35–35 Duties of person in charge furnish steam, air, or electric current of transfer—TB/ALL. for pumps on barges or dock, but in no case shall the cargo pass through or The person in charge of the transfer over the towing vessel. of liquid cargo in bulk, fuel oil in bulk, or bunkers in bulk shall control the § 35.35–50 Termination of transfer op- transfer as follows: erations—TB/ALL. (a) Supervise the operations of cargo- system valves. (a) When transfer operations are (b) Commence transfer of cargo at completed the valves on cargo connec- slow rate of cargo flow. tions on the vessel shall be closed. The (c) Observe cargo connections for cargo connections shall be drained of leakage. cargo. (d) Observe pressure on cargo system. (b) [Reserved] (e) If transfer is loading (rather than discharging), observe rate of loading to § 35.35–55 Transfer of other cargo or stores on tank vessels—TB/ALL. avoid overflow of tanks. (f) Comply with 33 CFR 156.120 and (a) No packaged goods, freight, or 156.150. ship’s stores may be loaded or unloaded during the loading or unloading of [CGD 79–116, 60 FR 17156, Apr. 4, 1995, as cargo of Grade A, B, or C except by per- amended by CGD 79–116, 62 FR 25135, May 8, 1997] mission of the person in charge of the transfer of liquid cargo in bulk. No ex- § 35.35–40 Conditions under which plosives may be loaded, unloaded, or transfer operations shall not be carried as cargo on any tank vessel commenced or if started shall be containing cargo of Grade A, B, or C. discontinued—TB/ALL. (b) Where package and general cargo Cargo transfer operations shall not is carried directly over bulk cargo be started or, if started, shall be dis- tanks, it shall be properly dunnaged to

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prevent chafing of metal parts and se- area described in § 32.35–15 of this sub- curely lashed or stowed. chapter. [CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as [CGD 95–028, 62 FR 51200, Sept. 30, 1997] amended by CGD 79–116, 60 FR 17157, Apr. 4, 1995] Subpart 35.40—Posting and § 35.35–60 Transportation of other Marking Requirements—TB/ALL. cargo or stores on tank barges—B/ ALL. § 35.40–1 General alarm contact maker—TB/ALL. (a) Tank barges may be permitted to transport deck cargoes directly over Each general alarm contact maker bulk cargo spaces when the nature of must be marked in accordance with re- such deck cargoes and the methods of quirements in subchapter J (Electrical loading and unloading same do not cre- Engineering Regulations) of this chap- ate an undue hazard. Such tank barges ter. shall have their decks properly [CGD 74–125A, 47 FR 15231, Apr. 8, 1982] dunnaged to prevent chafing between the steel parts of the vessel and the § 35.40–5 General alarm bells—TB/ALL. deck cargo. (b) [Reserved] General alarm bells must be marked in accordance with requirements in § 35.35–70 Maintenance of cargo han- subchapter J (Electrical Engineering dling equipment—TB/ALL. Regulations) of this chapter. The cargo handling equipment shall [CGD 74–125A, 47 FR 15231, Apr. 8, 1982] be maintained by the tank vessel’s personnel in accordance with the regula- § 35.40–6 Emergency lights—TB/ALL. tions in this subchapter, including the Emergency lights must be marked in following: accordance with requirements in sub- (a) Cargo hose shall not be used in chapter J (Electrical Engineering Reg- transfer operations in which the pres- ulations) of this chapter. sures are such that leakage of cargo occurs through the body of the hose. [CGD 74–125A, 47 FR 15231, Apr. 8, 1982] (b) Cargo pump relief valves shall be tested at least once each year to deter- § 35.40–7 Carbon dioxide alarm—T/ mine that they function satisfactorily ALL. at the pressure at which they are set to Adjacent to all carbon dioxide fire open. extinguishing alarms installed after (c) Cargo pump pressure gage shall be November 19, 1952, there shall be con- tested at least once a year for accu- spicuously marked: ‘‘WHEN ALARM racy. SOUNDS VACATE AT ONCE. CARBON (d) The cargo discharge piping of all DIOXIDE BEING RELEASED.’’ tank vessels shall be tested at least once each year for tightness, at the § 35.40–10 Steam, foam, or CO2 fire maximum working pressure. smothering apparatus—TB/ALL.

Steam, foam, or CO2 fire smothering § 35.35–75 Emergencies—TB/ALL. apparatus shall be marked ‘‘STEAM In case of emergencies nothing in the FIRE APPARATUS’’ or ‘‘FOAM FIRE regulations in this subchapter shall be APPARATUS’’ or ‘‘CO2 FIRE APPA- construed as preventing the senior offi- RATUS,’’ as appropriate, in not less cer present from pursuing the most ef- than 2-inch red letters. The valves of fective action in his judgment for rec- all branch pipes leading to the several tifying the conditions causing the compartments shall be distinctly emergency. marked to indicate the compartments or parts of the vessel to which they § 35.35–85 Air compressors—TB/ALL. lead. No person may operate, install, or re- install an air compressor in a cargo

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§ 35.40–15 Fire hose stations—TB/ALL. which the vessel is equipped. Instruc- tions shall be included to line up all At each fire hose valve there shall be steering wheels and rudder amidship marked in not less than 2-inch red let- before changing gears. ters and figures: ‘‘FIRE STATION 1,’’ 2, 3, etc. § 35.40–35 Rudder orders—TB/ALL. § 35.40–17 Foam hose/monitor sta- At all steering stations, there shall tions—T/ALL. be installed a suitable notice on the (a) At each required foam hose/mon- wheel or device or in such other posi- itor valve there shall be marked in not tion as to be directly in the helms- less than 2-inch red letters and figures: man’s line of vision, to indicate the di- ‘‘FOAM STATION 1,’’ 2, 3, etc. rection in which the wheel or device (b) [Reserved] must be turned for ‘‘right rudder’’ or ‘‘left rudder.’’ § 35.40–18 Water spray systems—TB/ ALL. § 35.40–40 Marking and instructions (a) Water spray system apparatus for fire and emergency equipment— TB/ALL. shall be marked: ‘‘WATER SPRAY SYSTEM,’’ as appropriate, in not less Lifesaving appliances, instructions to than 2-inch red letters. passengers, and stowage locations for (b) The control valve, and its control all tank vessels must be in accordance if located remotely, shall be distinctly with subchapter W (Lifesaving Appli- marked to indicate the compartment ances and Arrangements) of this chap- protected. ter.

§ 35.40–20 Emergency equipment—TB/ [CGD 84–069, 61 FR 25287, May 20, 1996] ALL. Each locker and space where emer- PART 36—ELEVATED TEMPERATURE gency equipment is stowed must be CARGOES marked ‘‘EMERGENCY EQUIPMENT’’ or ‘‘SELF-CONTAINED BREATHING Subpart 36.01—General APPARATUS’’, as appropriate. Sec. [CGD 86–036, 57 FR 43824, Oct. 23, 1992] 36.01–1 Scope of regulations—TB/ALL. 36.01–5 Certificate of inspection—TB/ALL. § 35.40–25 Fire extinguishers—TB/ALL. Each fire extinguisher shall be Subpart 36.05—Cargo Tanks marked with a number and the loca- 36.05–1 Installation of cargo tanks—TB/ tion where stowed shall be marked in ALL. 1 corresponding numbers in at least ⁄2 36.05–10 Protection of personnel—TB/ALL. inch figures. Subpart 36.10—Piping, Valves, Fittings, and § 35.40–30 Instructions for changing Accessory Equipment steering gear—TB/ALL. 1 36.10–1 Cargo pump relief valves—TB/ALL. Instructions in at least ⁄2 inch letters and figures shall be posted in the steering engineroom, relating in order, Subpart 36.20—Vents and Ventilation the different steps to be taken in 36.20–1 Flame screens—TB/ALL. changing to the emergency steering 36.20–5 Ventilation of pumproom—TB/ALL. gear. Each clutch, gear wheel, lever, valve or switch which is used during Subpart 36.30—Periodic Inspections the changeover shall be numbered or lettered on a brass plate or painted so 36.30–1 Lagged tanks—TB/ALL. that the markings can be recognized at AUTHORITY: 46 U.S.C. 3306, 3703; E.O. 12234, a reasonable distance. The instructions 45 FR 58801, 3 CFR, 1980 Comp., p. 277; De- shall indicate each clutch or pin to be partment of Homeland Security Delegation ‘‘in’’ or ‘‘out’’ and each valve or switch No. 0170.1. which is to be ‘‘opened’’ or ‘‘closed’’ in SOURCE: CGFR 65–50, 30 FR 16716, Dec. 30, shifting to any means of steering for 1965, unless otherwise noted.

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Subpart 36.01—General pose of maintaining the material in the molten form shall be installed with the § 36.01–1 Scope of regulations—TB/ access openings located above the ALL. weather deck. (a) The regulations in this part con- (b) [Reserved] tain requirements for the transportation in bulk of materials considered § 36.05–10 Protection of personnel— TB/ALL. to be Grade E liquids when shipped in molten form at elevated temperatures. (a) Decks, bulkheads, or other struc- (b) The materials covered by this tures shall be insulated with an ap- part shall meet the applicable regula- proved incombustible material, or tions of this subchapter, except that other suitable means of protection materials having a flash point of 300 °F. shall be employed where practicable or above, shall be exempt from the re- and necessary for the protection of per- quirements prescribed in the following sonnel. sections of this subchapter: (b) [Reserved] (1) Inspection prior to making repairs—§ 35.01–1(b). Subpart 36.10—Piping, Valves, (2) Watchman for a tank vessel— Fittings, and Accessory Equipment § 35.05–15. (3) Warning sign at gangway—§ 35.30– § 36.10–1 Cargo pump relief valves— 1(b). TB/ALL. (4) Cargo tank hatches, ullage holes (a) Cargo pump relief valves and pres- and Butterworth plates—§ 35.30–10. sure gages may be omitted, however, a (5) Men on duty—§ 35.35–1. suitable device shall be fitted to stop (6) Inspection prior to transfer of the pumping before the designed pres- cargo—§ 35.35–20. sure of the piping is exceeded. (7) Approval to start transfer of (b) [Reserved] cargo—§ 35.35–25. (8) ‘‘Declaration of inspection’’ for tank ships—§ 35.35–30. Subpart 36.20—Vents and (9) Transportation of other cargo or Ventilation stores on tank barges—§ 35.35–60. (c) The regulations governing the § 36.20–1 Flame screens—TB/ALL. transportation in the solid state of ma- (a) Flame screens may be omitted in terials referred to in § 36.01–1(a) are the vent lines on cargo tanks. contained in part 148 of subchapter N (b) [Reserved] (Dangerous Cargoes) of this chapter. § 36.20–5 Ventilation of pumproom— [CGFR 65–50, 30 FR 16716, Dec. 30, 1965, as TB/ALL. amended by CGD 97–057, 62 FR 51043, Sept. 30, 1997] (a) Where personnel are required to enter pumprooms located below the § 36.01–5 Certificate of inspection—TB/ weather deck under normal cir- ALL. cumstances of handling cargo, such (a) The certificate of inspection shall pumprooms shall be equipped with be endorsed for the carriage of elevated power ventilation. temperature cargoes as follows: ‘‘In- (b) [Reserved] spected and approved for the carriage of Grade E combustible liquids when Subpart 36.30—Periodic transported in molten form at elevated Inspections temperatures.’’ (b) [Reserved] § 36.30–1 Lagged tanks—TB/ALL. (a) Lagged tanks shall have part of Subpart 36.05—Cargo Tanks the lagging removed on the lower portion of the cargo tanks as directed by § 36.05–1 Installation of cargo tanks— the marine inspector, at least once TB/ALL. every eight years for external examina- (a) All cargo tanks carrying liquids tion. at elevated temperatures for the pur- (b) [Reserved]

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PART 38—LIQUEFIED FLAMMABLE CFR, 1980 Comp., p. 277; Department of GASES Homeland Security Delegation No. 0170.1. SOURCE: CGFR 66–33, 31 FR 15269, Dec. 6, Subpart 38.01—General 1966, unless otherwise noted. Sec. Subpart 38.01—General 38.01–1 Scope of regulations—TB/ALL. 38.01–2 Transportation of portable cylinders § 38.01–1 Scope of regulations—TB/ or portable tanks containing or having ALL. previously contained liquefied flammable gases in dry cargo spaces—TB/ALL. (a) The regulations in this part con- 38.01–3 Incorporation by reference. tain requirements for the transpor- 38.01–5 Certificate of inspection—TB/ALL. tation of liquefied or compressed gases, whose primary hazard is one of flam- Subpart 38.05—Design and Installation mability. 38.05–1 Design and construction of vessels— (b) The transportation on deck of liq- general—TB/ALL. uefied flammable gases in portable cyl- 38.05–2 Design and construction of cargo inders and tanks and the transpor- tanks—general—TB/ALL. tation of empty cylinders and portable 38.05–3 Design and construction of pressure tanks previously used shall be in ac- vessel type cargo tanks—TB/ALL. cordance with the requirements of 49 38.05–4 Design and construction of nonpres- CFR parts 171–179. The transportation sure vessel type cargo tanks—TB/ALL. of such containers under deck shall be 38.05–5 Markings—TB/ALL. in accordance with the requirements of 38.05–10 Installation of cargo tanks—general—TB/ALL. § 38.01–2. 38.05–20 Insulation—TB/ALL. [CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as 38.05–25 Refrigerated systems—TB/ALL. amended by CGD 86–033, 53 FR 36024, Sept. 16, 1988] Subpart 38.10—Piping, Valves, Fittings, and Accessory Equipment § 38.01–2 Transportation of portable cylinders or portable tanks con- 38.10–1 Valves, fittings, and accessories— taining or having previously con- TB/ALL. tained liquefied flammable gases in 38.10–5 Filling and discharge pipes—TB/ dry cargo spaces—TB/ALL. ALL. 38.10–10 Cargo piping—TB/ALL. (a) DOT cylinders, DOT Specification 38.10–15 Safety relief valves—TB/ALL. portable tanks or other approved port- 38.10–20 Liquid level gaging devices—TB/ able tanks containing liquefied flam- ALL. mable gases may be transported under deck, provided the following require- Subpart 38.15—Special Requirements ments are met: 38.15–1 Filling of tanks—TB/ALL. (1) The cargo space shall be provided 38.15–5 Cargo hose—TB/ALL. with efficient means of ventilation, be 38.15–10 Leak detection systems—T/ALL. protected from artificial heat, and be 38.15–15 Electrical installations—TB/ALL. readily accessible from hatches. 38.15–20 Remote shutdowns—TB/ALL. (2) Containers shall be stored in such a position that the safety relief device Subpart 38.20—Venting and Ventilation is in communication with the vapor 38.20–1 Venting—T/ALL. space of the container. They shall be 38.20–5 Venting—T/ALL. properly stowed, dunnaged, and secured 38.20–10 Ventilation—T/ALL. to prevent movement in any direction. (3) Unless a method acceptable to the Subpart 38.25—Periodic Tests and Commandant is used, the containers Inspections shall not be overstowed in the same 38.25–1 Tests and inspections—TB/ALL. dry cargo space with other liquefied 38.25–3 Nondestructive testing—TB/ALL. flammable gas containers, nor with 38.25–5 Removal of defective tanks—TB/ other cargo. ALL. (4) The containers shall be suitably 38.25–10 Safety relief valves—TB/ALL. protected against physical damage AUTHORITY: 46 U.S.C. 2103, 3306, 3703; 49 from other cargo, ship’s stores, or U.S.C. 5101, 5106; E.O. 12234, 45 FR 58801, 3 equipment in such spaces.

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(5) Cylinders shall have their valves § 38.01–3 Incorporation by reference. protected at all times by one of the fol- (a) Certain standards and specifica- lowing methods: tions are incorporated by reference (i) By metal caps securely attached into this part with the approval of the to the cylinders and of sufficient Director of the Federal Register in ac- strength to protect the valves from in- cordance with 5 U.S.C. 552(a). To en- jury. force any edition other than the ones (ii) By having the valves recessed listed in paragraph (b) of this section, into the cylinders or otherwise pro- notice of change must be published in tected so that they will not be subject the FEDERAL REGISTER and the mate- to a blow if the cylinder is dropped on rial made available to the public. All a flat surface. approved material is on file at the Na- (6) Portable tanks shall have their tional Archives and Records Adminis- valves protected at all times by a hous- tration (NARA). For information on ing in accordance with the require- the availability of this material at ments under which they were manufac- NARA, call 202–741–6030, or go to: http:// tured. www.archives.gov/federal register/ (7) Electrical circuits in the cargo l code of federal regulations/ spaces must meet the hazardous area l l l ibr locations.html. All material is requirements in subchapter J (Elec- l available from the sources indicated in trical Engineering Regulations) of this paragraph (b) of this section. chapter. If an electrical circuit does not meet those requirements, it must (b) The standards and specifications be deenergized by a positive means and approved for incorporation by ref- not reenergized until the cargo has erence in this part, and the sections af- been removed and the space has been fected, are: tested and found free of flammable American Society for Nondestructive Testing vapor. (ASNT) (8) During the stowage of portable 4153 Arlingate Road, Caller #28518, Columbus, cylinders or portable tanks in a hold or OH, 43228–0518 compartment that is not fitted with ASNT ‘‘Recommended Practice No. electrical fixtures meeting the haz- SNT-TC-1A (1988), Personnel Qual- ardous area requirements of subchapter ification and Certification in Non- J (Electrical Engineering Regulations) destructive Testing’’...... 38.25–3(c)(2) of this chapter, portable lights must not be used within the space unless the American Society of Mechanical Engineers (ASME) International portable lights are explosion-proof. Electrical connections for portable Three Park Avenue, New York, NY 10016–5990 lights must be made from outlets on ASME Boiler and Pressure Vessel the weather deck. Hand flashlights Code Section V, Nondestructive used in the stowage area must be ex- Examination (1986) ...... 38.25–3(a)(1) plosion-proof. American Society for Testing and Materials (9) The following dangerous cargoes (ASTM) shall not be stowed in the same hold or 100 Barr Harbor Drive, West Conshohocken, compartment with liquefied flammable PA 19428–2959. gas containers: ASTM D 4986–98, Standard Test Meth- (i) Division 1.1, 1.2, 1.3, or 1.4 (explo- od for Horizontal Burning Charac- sive) materials, as defined in 49 CFR teristics of Cellular Polymeric Ma- 173.50. terials...... 38.05–20 (ii) Flammable solids. [CGD 85–061, 54 FR 50962, Dec. 11, 1989, as (iii) Oxidizing materials. amended by USCG-1999–6216, 64 FR 53224, Oct. (iv) Corrosive liquids. 1, 1999; USCG-1999–5151, 64 FR 67177, Dec. 1, (v) Poisonous articles. 1999] (vi) Cotton and similar fibrous materials. § 38.01–5 Certificate of inspection—TB/ ALL. [CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as amended by CGFR 68–32, 33 FR 5714, Apr. 12, (a) The certificate of inspection shall 1968; CGD 74–125A, 47 FR 15231, Apr. 8, 1982; be endorsed for the carriage of lique- CGD 92–050, 59 FR 39666, Aug. 5, 1994] fied flammable gases as follows:

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Inspected and approved for the carriage of the weather deck only. No openings liquefied flammable gases (1) at a pressure from these compartments to other not to exceed lll p.s.i., and (2) at tempera- parts of the vessel are permitted. tures not less than ll °F. (f) Barges utilized for the carriage of (b) Tanks approved to carry cargoes liquefied gases shall be of Type II barge at below ambient temperatures shall hull as defined in § 32.63–5(b)(2) of this have the applicable limiting tempera- subchapter. The Commandant may, tures indicated on the certificate. based on the properties of the liquefied Tanks designed to carry cargoes only gas to be carried, require a Type I at ambient temperatures should have barge hull, as defined in § 32.63–5(b)(1) of the word ‘‘ambient’’ entered in these this subchapter, to ensure the hull is spaces. consistent with the degree and nature of the hazard of the liquefied gas to be Subpart 38.05—Design and carried. Installation [CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as amended by CGFR 68–82, 33 FR 18806, Dec. 18, § 38.05–1 Design and construction of 1968; CGFR 68–65, 33 FR 19985, Dec. 28, 1968; vessels—general—TB/ALL. CGFR 70–10, 35 FR 3709, Feb. 25, 1970] (a) Vessels designed for the carriage of liquefied gases shall comply with the § 38.05–2 Design and construction of applicable requirements of this sub- cargo tanks—general—TB/ALL. chapter. (a) The maximum allowable tempera- (b) Access and ventilation intakes to ture of the cargo is defined as the boil- the machinery, accommodation and ing temperature of the liquid at a pres- working spaces should be so arranged sure equal to the setting of the relief as to prevent the flow of cargo vapor valve. from the weather deck into such (b) The service temperature is the spaces. In this respect openings in the minimum temperature at which cargo forward or after ends of poops, fore- is loaded and/or transported in the castles, and deckhouses adjacent the cargo tank. However, the service tem- cargo area shall be at least 24 inches perature shall in no case be taken high- above the cargo handling deck. er than given by the following formula: (c) Materials used in the fabrication of cargo tanks and piping shall have ts=tw¥0.25(tw¥tb) (1) adequate notch toughness at the serv- where: ice temperature. Where a secondary barrier is required, the material of that ts=Service temperature. barrier and of contiguous hull struc- tw=Boiling temperature of gas at normal working pressure of tank but not higher ture shall have sufficient notch tough- than +32 °F. ness at the lowest temperature which tb=Boiling temperature of gas at atmospheric may result during the containment of pressure. leakage cargo within the secondary barrier. Materials used in the fabrica- (c) Heat transmission studies, where tion of the cargo containment and han- required, shall assume the minimum ° dling system shall satisfy the require- ambient temperatures of 0 F. still air ° ments for toughness specified in sub- and 32 F. still water, and maximum ° chapter F (Marine Engineering) of this ambient temperatures of 115 F. still ° chapter. air and 90 F. still water. (d) Cargo tank spaces are to be iso- (d) Cargo tanks in vessels in ocean; lated from the remainder of the vessel Great Lakes; lakes, bays, and sounds; by cofferdams in accordance with or coastwise service shall be designed § 32.60–10 of this subchapter. In a non- to withstand, simultaneously, the fol- pressure vessel configuration, the void lowing dynamic loadings: between the primary and secondary (1) Rolling 30° each side (120°) in 10 barriers shall not be acceptable as the seconds. required cofferdam between the tank (2) Pitching 6° half amplitude (24°) in spaces and the main machinery spaces. 7 seconds. (e) Compartments containing cargo (3) Heaving L/80′ half amplitude (L/20′) tanks or pipes shall be accessible from in 8 seconds.

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(e) Cargo tanks on barges shall be de- is at a greater temperature than the signed in accordance with § 32.63–25 of maximum allowable temperature of this subchapter. the liquefied flammable gas tanks, the (f) Each liquefied flammable gas tank liquefied flammable gas cargo is to be shall be provided with not less than a such that the design pressure of the 15-inch by 23-inch or an 18-inch nomi- liquefied flammable gas tank is not ex- nal diameter manhole fitted with a ceeded. cover located above the maximum liq- (f) Where cargo tanks, in which the uid level and as close to the top of the cargo is transported at or near ambient tank as possible. Where access trunks temperature, are lagged with an insula- are fitted to the tanks, the nominal dition material of a thickness to provide ameter of the trunks shall be not less a thermal conductance of not more than 30 inches. than 0.075 B.t.u. per square foot per de- (g) Cargo tanks vented above 10 gree Fahrenheit differential in tem- pounds per square inch gage shall be of perature per hour, the tanks shall be the pressure vessel type. designed for a pressure of not less than § 38.05–3 Design and construction of the vapor pressure of the gas at 105 °F. pressure vessel type cargo tanks— The insulation material shall conform TB/ALL. to the requirements of § 38.05–20. The (a) Cargo tanks of pressure vessel design shall also be based on the min- configuration (e.g. cylindrical, spher- imum internal pressure (maximum ical, etc.) shall be designed, fabricated, vacuum) plus the maximum external inspected, and tested in accordance static head to which the tank may be with the applicable requirements of subjected. part 54 of subchapter F (Marine Engi- (g) Cargo tanks in which the tem- neering) of this chapter, except as oth- perature is maintained below the nor- erwise provided for in this part. mal atmospheric temperature by re- (b) The requirements of this section frigeration or other acceptable means anticipate that cargo tanks con- shall be designed for a pressure of not structed as pressure vessels will, by less than 110 percent of the vapor pres- themselves, constitute the cargo con- sure corresponding to the temperature tainment system and usually will not of the liquid at which the system is require a secondary barrier. maintained, or the pressure cor- (c) In the design of the tank, consid- responding to the greatest dynamic eration shall be given to the possibility and static loads expected to be encoun- of the tank being subjected to external tered either in service or during test- loads. Consideration shall also be given ing. For mechanically stress relieved to excessive loads that can be imposed cargo tanks, additional factors relating on the tanks by their support due to design pressure and maximum allow- static and dynamic forces under operable pressure shall be as specified by ating conditions or during testing. The the Commandant. The material of the design shall show the manner in which tank shall satisfy the requirements of the tanks are to be installed, sup- subchapter F (Marine Engineering) of ported, and secured, and shall be ap- this chapter for the service tempera- proved prior to tank installation. ture, and this temperature shall be per- (d) Tanks with a service temperature manently marked on the tank as pre- ° of minus 20 F. or lower and fabricated scribed in § 38.05–5. of ferritic materials shall be stress re- (h) Where applicable, the design shall lieved. investigate the thermal stresses in- (e) Unlagged cargo tanks, where the duced in the cargo tank at the service cargo is transported, at or near ambi- temperature. ent temperatures, shall be designed for the vapor pressure of the gas at 115 °F. (i) The shell and head thickness of The design shall also be based on the liquefied gas cargo tanks shall not be minimum internal pressure (maximum less than five-sixteenths inch. vacuum), plus the maximum external [CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as static head to which the tank may be amended by CGFR 68–82, 33 FR 18806, Dec. 18, subjected. Whenever surrounding cargo 1968]

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§ 38.05–4 Design and construction of less than 4 feet above the cargo hatch nonpressure vessel type cargo or expansion trunk be used. tanks—TB/ALL. (f) The design shall investigate the (a) The requirements in this section thermal stresses induced in the cargo anticipate a cargo containment system tank during loading. Where necessary, consisting of a primary tank which is devices for spray loading or other structurally self-supporting and, where methods of precooling or cooling dur- required, a secondary barrier. Other ing loading shall be included in the de- vessel or cargo tank configurations, sign. such as membrane type liners exter- (g) All weld intersections or crossings nally supported, will be considered in joints of primary tank shells shall upon submission of substantiating be radiographed for a distance of 10 data, and based upon such additional thicknesses from the intersection. All tests as the Commandant may direct. other welding in the primary tank and (b) A secondary barrier is an arrange- in the secondary barrier shall be spot ment or structure designed to contain radiographed in accordance with the the cargo temporarily if leakage devel- requirements of part 54 of subchapter F ops in the primary container. A sec- (Marine Engineering) of this chapter. ondary barrier shall be provided where [CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as leakage from the primary container amended by CGFR 68–82, 33 FR 18807, Dec. 18, may cause lowering of the temperature 1968] of the ship’s structure to an unsafe level. The secondary barrier shall be § 38.05–5 Markings—TB/ALL. constructed of material suitable to (a)(1) Upon satisfactory completion contain the cargo at the service tem- of tests and inspection, pressure vessel perature. and nonpressure vessel type cargo (c) The design of the cargo contain- tanks, shall have markings as required ment systems shall be such that under by § 54.10–20 of subchapter F (Marine normal service conditions, or upon fail- Engineering) of this chapter except ure of the primary tank, the hull struc- that for nonpressure vessel type tanks, ture shall not be cooled down to a tem- the Coast Guard number and pressure perature which is unsafe for the mate- vessel class shall be omitted. rials involved. Structural members not (2) Hydrostatic test for pressure ves- suitable for the service temperatures of sel type tanks shall be that specified in the cargo shall be protected by a sec- § 38.25–1(b). In the case of nonpressure ondary barrier consisting of suitable vessel type tanks, the hydrostatic test structural containment together with pressure shall mean the pressure speci- necessary associated insulation. Heat fied in § 38.25–1(d), while the maximum transmission studies and tests may be allowable pressure shall mean the max- required to demonstrate that the ar- imum venting pressure as used in rangement is feasible and that the final § 38.05–4(e). Where it is not feasible to material temperatures are acceptable. attach the nameplate to the tank, it (d) The design and construction of shall be conspicuously displayed near- the cargo tanks shall be at least equiv- by. alent to the standards established by (b) All tank inlet and outlet connec- the American Bureau of Shipping or tions, except safety relief valves, liquid other recognized classification society. level gaging devices, and pressure For special tanks, or designs not con- gages, shall be labeled to designate templated by standards of the classi- whether they terminate in the vapor or fication society, a detailed analysis of liquid space. Labels of corrosion-resist- the entire tank, or designated parts ant material may be attached to thereof, shall be made and submitted valves. to the Commandant for approval. (c) All tank markings shall be perma- (e) The cargo tank shall be designed nently and legibly stamped in a readily for a head of cargo at least equal to the visible position, and shall not be ob- highest level the liquid cargo may at- scured by painting. If the tanks are tain plus the maximum venting pres- lagged, the markings attached to the sure. In no case shall a head of cargo tank proper shall be duplicated on a

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corrosion-resistant plate secured to the providing equivalent acceptable means outside jacket of the lagging. for remote inspection. (2) For nonpressure vessel type con- [CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as amended by CGFR 68–82, 33 FR 18807, Dec. 18, tainment systems, access shall be ar- 1968] ranged to permit inspection of one side each of the primary tank and sec- § 38.05–10 Installation of cargo tanks— ondary barrier, under normal shipyard general—TB/ALL. conditions. Containment systems (a)(1) Cargo tanks shall be supported which, because of their peculiar design, on foundations of steel or other suit- cannot be visually inspected to this de- able material and securely anchored in gree, may be specially considered pro- place to prevent the tanks from shift- vided an equivalent degree of safety is ing when subjected to external forces. attained. Each tank shall be so supported as to (f) Cargo tanks may be installed on prevent the concentration of excessive deck, under deck, or with the tanks pro- loads on the supporting portions of the truding through the deck. All tanks shell or head as prescribed under shall be installed with the manhole § 38.05–2(d). openings located in the open above the (2) Cargo tanks installed in barges weather deck. Provided an equivalent shall comply with the requirements of degree of safety is attained, the Com- § 32.63–25 of this subchapter. mandant may approve cargo tanks in- (b) Foundations, and stays where re- stalled with manhole openings located quired, shall be designed for support below the weather deck. and constraint of the weight of the full (g) For pressure vessel type cargo tank, and the dynamic loads imposed tanks, the following conditions apply: thereon. Thermal movement shall also (1) Liquefied flammable gas cargo be considered. tanks may be located in cargo tanks or (c) Foundations and stays which may in spaces which meet the requirements be exposed to the cargo shall be suit- for cofferdams as defined in § 30.10–13 of able for the temperatures involved and this subchapter. When liquefied flam- be impervious to the cargo. mable gas cargo tanks are installed in (d) The design of the foundations and cargo tanks, such cargo tanks may be stays shall consider the resonance of used simultaneously or separately for the cargo tank, or parts thereof, and the carriage of flammable or combus- the vibratory forces, found in the tank tible liquids up to and including the vessel. If necessary, effective damping grade for which the cargo tanks are arrangements shall be provided. otherwise certified in accordance with (e) Independent containment systems the requirements of this subchapter. shall be so arranged as to provide a (2) Where the liquefied flammable gas minimum clearance of not less than 24 tanks are installed in cargo tanks and inches from the vessel’s side and not a portion of the liquefied flammable less than 15 inches from the vessel’s gas tanks extend above the weather bottom to provide access for inspection deck, the penetration shall be made of the hull. Clearances for collision gastight and watertight, and shall be protection, where required by other such as to provide full compliance with parts of the regulations in this sub- the structural requirements including chapter, may increase the clearances testing for the hull and integral tanks. specified here. In the application of the requirements (1) For pressure vessel type tanks the for the hydrostatic test of the cargo distance between adjacent tanks and tanks, the hydrostatic test shall in no between tanks and vessel’s structure case be less severe than the worst an- shall be adequate to permit access for ticipated service condition of the cargo inspection and maintenance of all tank loading. In the design and testing of surfaces and hull structure as approved independent cargo tanks and integral by the Commandant. Alternate provi- cargo tanks consideration shall be sions may be made for inspection and given to the possibility of the inde- maintenance of the vessel’s structure pendent tanks being subjected to exter- and tanks by moving such tanks or by nal loads.

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(3) Where the liquefied flammable gas coating and flashed around all openings tanks are installed in nontank hull so as to be weathertight. Weather re- spaces and a portion of the tank ex- sistant coatings shall have sheet metal tends above the weather deck, provi- over areas subject to mechanical dam- sion shall be made to maintain the age. weathertightness of the deck, except (c) The insulation shall be adequately that the weathertightness of the upper protected in areas of probable mechan- deck need not be maintained on: ical damage. (i) Vessels operating on restricted (d) Insulation which forms an inte- routes which are sufficiently protected; gral part of the secondary barrier shall or, meet the following additional require- (ii) Open hopper type barges of ac- ments: ceptable design. (1) When the secondary barrier is (h) No strength welding employed in called upon to contain the cargo, insu- the attachment of supports, lugs, fit- lating material which is contacted tings, etc., shall be done on tanks that shall not be affected by the cargo. require and have been stress relieved, Samples of the insulating material unless authorized by the Commandant. shall be tested in the cargo for solu- bility, absorption and shrinkage. The § 38.05–20 Insulation—TB/ALL. samples shall be checked for the above (a) Where used, tank insulation shall effects at intervals not exceeding 1 satisfy the following requirements for week, for a total test period of 6 weeks. combustibility, installation, and ar- (2) Any adhesives, sealers, coatings, rangement: or vapor barrier compounds used in (1) Insulation in a location exposed to conjunction with the insulating mate- possible high temperature or source of rial shall be similarly tested to insure ignition shall be either: suitable cargo resistive properties. (i) Incombustible, complying with (3) The insulation shall have suffi- the requirements of subpart 164.009 of cient mechanical strength for the pro- subchapter Q (Specifications) of this posed design. Additionally, the thermal chapter; or, expansion of the insulation relative to (ii) Self-extinguishing, as determined the material to which it is affixed shall by ASTM D 4986, ‘‘Standard Test Meth- be considered in the design. od for Horizontal Burning Characteris- (e) The insulation for the piping sys- tics of Cellular Polymeric Materials,’’ tems shall be at least of the ‘‘self-ex- (incorporated by reference, see § 38.01–3) tinguishing’’ type described in para- and covered by a suitable steel cover. graph (a) of this section, and comply (2) Insulation in a location protected with the requirements contained in against possible ignition by enclosure paragraphs (b) and (c) of this section. in a tight steel envelope in which inert conditions are maintained need satisfy [CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as no requirement for combustibility ex- amended by USCG-1999–5151, 64 FR 67177, Dec. cept chemical stability. 1, 1999] (3) Insulation in a location protected against possible high temperature or § 38.05–25 Refrigerated systems—TB/ source of ignition by continuous sur- ALL. rounding structural voids or ballast (a) When a liquefied flammable gas is tanks need satisfy no requirement for carried below atmospheric temperature combustibility except chemical sta- under the requirements of § 38.05–3(f) or bility. § 38.05–4, maintenance of the tank pres- (b) All insulation shall be of a vapor- sure below the maximum allowable proof construction, or have a vapor- pressure shall be provided by one or proof coating of a fire-retardant mate- more of the following means: rial acceptable to the Commandant. (1) A refrigeration or liquefication Unless the vapor barrier is inherently system which regulates the pressure in weather resistant, tanks exposed to the the tanks. A standby compressor or weather shall be fitted with a remov- equivalent equipment, of a capacity able sheet metal jacket of not less than equal to one of the working units shall 0.083-inch thick over the vapor-proof be provided.

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(2) A system whereby the vapors are (c) Welded connections shall be used utilized as fuel for shipboard use. wherever possible with the number of (3) A system allowing the liquefied flanged joints kept to the minimum flammable gas to warm up and increase necessary for assembly and cleaning. in pressure. The insulation and tank Sockets in sizes 3 inches and smaller design pressure shall be adequate to and slipon flanges in sizes 4 inches and provide for a suitable margin for the smaller may be used. Threaded joints operating time and temperatures in- may be used in sizes of 1 inch and volved. smaller. Where threaded joints are (4) Other systems acceptable to the used, they shall be visible and acces- Commandant. sible for inspection under all service (b) A system whereby the vapors are conditions, and limited to instrument vented to the atmosphere at sea only and control lines properly valved from may be employed in conjunction with the main lines. Where threaded joints paragraph (a)(1) of this section. The are sealed by brazing or welding, they pressure control valves shall be inde- need not be exposed. pendent of the safety relief valves. See (d) Valve seat material, packing, gas- § 38.20–1(j). kets, etc., shall be resistant to the action of the liquefied flammable gas. All Subpart 38.10—Piping, Valves, flange and manhole cover gaskets shall Fittings, and Accessory Equipment be compressed asbestos, spiral-wound metal asbestos, metal jacketed asbes- § 38.10–1 Valves, fittings, and accessories—TB/ALL. tos, solid aluminum, corrugated steel, solid steel, or iron, or other materials (a) All valves, flanges, fittings, and with equal or better resistance to fire accessory equipment shall be of a type exposure. suitable for use with liquefied flam- (e) Provisions shall be made by the mable gases, and shall be made of steel use of offsets, loops, bands, expansion or grade A malleable iron, acceptable joints, etc., to protect the piping and for the service temperature and pres- tank from excessive stress due to ther- sure according to the requirements of mal movement and/or movements of part 56 of subchapter F (Marine Engi- the tank and hull structure. Expansion neering) of this chapter. Other mate- joints shall be held to a minimum and rials may be specially considered and approved by the Commandant. where used shall be of the bellows type (b) All valves, flanges, fittings, and and subject to special approval by the accessory equipment shall have a pres- Commandant. sure rating at operating temperatures (f) Low temperature piping shall be not less than the maximum allowable thermally isolated from the hull struc- pressure to which they may be sub- ture. Arrangements should provide for jected. Piping which is not protected the protection of the hull structure by a relief valve or which can be iso- from leaks in way of pumps, flanges, lated from its relief valve by other joints, etc. valves shall be designed for the great- (g) Each tank shall be provided with est of the cargo vapor pressure at 115 the necessary fill and discharge liquid °F., or the maximum allowable pres- and vapor shutoff valves, safety relief sure of the cargo tank, or the require- valve connections, refrigeration con- ments of § 38.10–10(a). Cargo liquid pip- nections where necessary, liquid level ing which may be subject to liquid full gaging devices, thermometer well and conditions shall be fitted with relief pressure gage, and shall be provided valves. The escape from piping systems with suitable access for convenient op- relief valves shall be piped to a venting eration. Piping shall enter the cargo system or to a suitable vapor recovery tanks above weather deck and as close system. Provision shall be made for the to the top of the tank or dome as pos- proper venting of all valves, fittings, sible, except as otherwise permitted in etc., in which pressure buildup may this section. Connections to the tanks occur, especially in refrigerated sys- shall be protected against mechanical tems, because of an increase in product damage and tampering. No underdeck temperature. cargo piping shall be installed between

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the outboard side of the cargo contain- prove individual installations where ment system and the shell of the ves- the liquid and vapor connections nor- sel, unless provision is made to main- mally requiring automatic excess flow tain the minimum inspection and colli- valves or remotely controlled quick- sion protection clearances of § 38.05– closing shutoff valves are fitted with 10(e) between the piping and the shell. manually operated shutoff valves only. Other openings in the tanks, except as (j) The control system for quick-clos- specifically permitted by the Com- ing shutoff valves shall be provided mandant, are prohibited. with a remote control in at least two (h) Cargo loading and discharge pip- locations and be of a type acceptable to ing may be connected to the tanks the Commandant. The control system below the weather deck or below the shall also be provided with a fusible liquid level subject to approval by the element designed to melt between 208 Commandant, provided: °F. and 220 °F., which will cause the (1) A remotely controlled quick-clos- quick-closing shutoff valves to close in ing shutoff valve is flanged to the tank case of fire. The quick-closing shutoff outlet connection. The control mecha- valves shall be capable of local manual nism for this valve shall meet the re- operation. quirements of § 38.10–5. (k) Excess flow valves, where re- (2) The piping which is below the quired by this subchapter, shall close weather deck or liquid level shall be automatically at the rated flow of joined by welding except for a flanged vapor or liquid as specified by the man- connection to the quick-closing shutoff ufacturer. The piping, including valves, valve and a flanged connection to the fittings, and appurtenances protected cargo pump. by an excess flow valve, shall have a (3) The design and arrangement of greater capacity than the rated flow of this piping, including the flange bolt- the excess flow valve. ing shall be such that excessive (l) Liquid level gaging devices which stresses will not be transmitted to the are so constructed that outward flow of cargo tank outlet connection or the tank contents shall not exceed that quick-closing valve, even in the event passed by a No. 54 drill size (0.055-inch of abnormal displacement of the pip- diameter) opening, need not be ing. equipped with excess flow valves. (4) Except for those vessels, the de- (m) Pressure gage connections need sign of which permits the exclusion of not be equipped with excess flow valves a weathertight deck over the tanks, if the openings are not larger than No. the space in which such piping is lo- 54 drill size (0.055-inch diameter). cated shall be accessible only from the (n) Excess flow valves may be de- weather deck and shall be vented to a signed with a bypass not to exceed a safe location above the weather deck. No. 60 drill size (0.040-inch diameter) (i) All connections to tanks, except opening to allow equalization of pres- safety relief valves and liquid level sure. gaging devices, shall have manually (o) Suitable valves shall be installed operated shutoff valves located as close on the cargo headers to relieve the to the tank as possible. In addition, all pressure on the liquid and vapor lines liquid and vapor connections on pres- to a safe location prior to dis- sure vessel type tanks except safety re- connecting shore lines. lief valves, liquid level gaging devices, (p) A pressure gage shall be located and filling and discharge lines, shall be at the highest practicable point. A equipped with either an automatic ex- thermometer well where installed on cess flow valve or a remotely con- the tank proper shall be attached to trolled quick-closing shutoff valve of the tank by welding. the fail closed type. These valves, ex- (q) For nonpressure vessel type cept when necessary for the operation tanks, the following additional fittings of the system, shall remain closed. For are required: pressure vessel type tanks operating at (1) A liquid level gaging device shall low pressure and with service tempera- be provided to determine the level of ture near the cargo atmospheric boil- the liquid cargo without opening the ing point, the Commandant may ap- tank. The gage shall be readable from

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the open deck, or from a control room § 38.10–5 Filling and discharge pipes— or station when the loading or dis- TB/ALL. charging is controlled from such a (a) Filling and discharge connections room or station. Tables shall be readily shall be provided with the manually available for direct determination of operated valve required by § 38.10–1(i) volume of liquid in the tanks, with nec- and with a positive acting remote con- essary corrections for trim, tempera- trolled quick-closing valve. The remote ture, and density. controlled quick-closing valve shall (2) An independent high level alarm satisfy the requirements of § 38.10–1(j). shall be provided for each tank. The (b) For pressure vessel type tanks the alarm indication shall register at the remote controlled quick-closing valves station where loading is controlled. shall be located on the inside of the (3) Each tank shall be provided with tank or on the outside where the piping remote reading temperature sensors lo- enters the tank. For pressure vessel cated near both the cargo liquid level type tanks operating at low pressure and the bottom of the tank. The tem- and with service temperature near the perature shall be read at the control cargo atmospheric boiling point, the station for loading and unloading Commandant may approve individual cargo, if provided, otherwise near the installations where these valves are located at the loading and discharge cargo control valves. headers. (4) Each tank shall be fitted with a (c) For nonpressure vessel type tanks pressure and a vacuum gage which the remote controlled quick-closing shall be read at the control station for valves may be located at the loading loading and unloading cargo, is pro- and discharge headers. vided, otherwise near the cargo control valves. In addition, the liquid loading § 38.10–10 Cargo piping—TB/ALL. and discharge headers at the ship’s (a) The piping shall be designed for a shore connection station shall be fitted working pressure of not less than the with pressure gages. maximum pressure to which it may be (r) Spaces surrounding cargo tanks subjected but in no case less than the shall be provided with suitable means design pressure of the cargo tanks. In for pumping out. the case of piping on the discharge side (1) Where pressure vessel type tanks of the liquid pumps or vapor compres- are installed or in other cases where no sors, the design pressure shall not be secondary containment is required, less than the pump or compressor dis- this may consist of a bilge system inde- charge relief valve setting; or, provided pendent of the bilge system for the rest the piping is not protected by relief of the vessel, and having no pipe con- valves, the design pressure shall not be nections between the cargo tank spaces less than the total discharge head of and the engineroom or boilerroom, ex- the pump or compressor. cept that educators may be supplied (b) Piping subject to tank pressure from engineroom pumps. shall be seamless drawn steel or elec- (2) Secondary containment spaces of tric resistance welded steel. Pipe used structurally self-supporting tanks shall in refrigerated tank systems shall be of be provided with suitable means for a material which is suitable for the pumping out leaked cargo. These minimum service temperature to should be arranged so as to provide the which it may be subjected, according following alternatives: to the requirements of part 56 of subchapter F (Marine Engineering) of this (i) Return of the cargo to the same chapter. primary tank or other tank. (c) Piping shall be provided with ade- (ii) Pumping the cargo off the ship ei- quate support to take the weight of the ther in port through a regular shore piping off valves and fittings and to unloading connection or at sea over- prevent excessive vibration and board in a safe manner. stresses on tank connections. [CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as (d) For nonpressure vessel type amended by CGFR 68–82, 33 FR 18807, Dec. 18, tanks, the cargo handling arrange- 1968] ments and piping shall provide for

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emptying of a damaged tank, including § 38.10–20 Liquid level gaging de- cargo contained by a secondary barrier. vices—TB/ALL. [CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as (a) Each tank shall be fitted with a amended by CGFR 68–82, 33 FR 18807, Dec. 18, liquid level gaging device of approved 1968] design to indicate the maximum level to which the tank may be filled with § 38.10–15 Safety relief valves—TB/ liquid: ALL. (1) Between ¥20 °F. and 130 °F. for (a) Each tank shall be fitted with or unrefrigerated service; or, (subject to approval by the Com- (2) Within the operating temperature mandant) connected to one or more range for tanks operating below atmos- safety relief valves designed, con- pheric temperature. structed and flow tested for capacity in (b) Liquid level gaging devices may conformance with subpart 162.017 or be of the following types: Rotary tube, 162.018 of subchapter Q (Specifications) slip tube, magnetic, automatic float, or of this chapter. similar types approved by the Com- mandant. Except as otherwise provided (b) Safety relief valves conforming to in this section, fixed tube devices are subpart 162.017 of subchapter Q (Speci- not acceptable as the primary gaging fications) of this chapter may be used device. on tanks for a maximum pressure of 10 (c) All gaging devices shall be ar- pounds per square inch gage. Safety re- ranged so that the maximum liquid lief valves conforming to subpart level for product being carried, to 162.018 of subchapter Q (Specifications) which the tank may be filled is readily of this chapter may be used for any determinable. The maximum gallonage pressure. capacity as required by § 38.15–1 shall (c) The safety relief valves shall have be: a combined relieving capacity to dis- (1) Marked on the tank system name- charge the greater of the following plate or gaging device; or, with not more than 20 percent rise in (2) Shown in the ullage tables. pressure (in the tank) above the max- (d) Gaging devices that require bleed- imum allowable pressure: ing of the product to the atmosphere, (1) The vapors evaporated by an such as the rotary tube, fixed tube, and embient air temperature of 115 °F. plus slip tube, shall be so designed that the the maximum flow rate of the cargo bleed valve maximum opening is not filling pipes or, larger than a No. 54 drill size (0.055- (2) The vapors generated under fire inch diameter), unless provided with an exposure computed using the formulas excess flow valve. of § 54.15–25(c) of subchapter F (Marine (e) For pressure vessel type tanks Engineering) of this chapter. each automatic float, continuous read- (d) The safety relief valves shall meet ing tape or similar type gage not the arrangement and inspection re- mounted directly on the tank or dome quirements of § 54.15–25 of subchapter F shall be fitted with a shutoff device located as close to the tank as prac- (Marine Engineering) of this chapter. ticable. When an automatic float (e) Means shall be provided to protect gaging device, which gages the entire nonpressure vessel tanks from exces- height of the tank is used, a fixed tube sive external pressure. gage set in the range of 85 percent to 90 (f) Void spaces between the primary percent of the water capacity of the and secondary barriers of nonpressure tank shall be provided in addition as a vessel type tanks shall be protected by means of checking the accuracy of the relief devices. The relief setting shall automatic float, gage, or other alter- not be higher than the void test pres- nate means acceptable to the Com- sure, and shall not exceed 90 percent of mandant may be used. the setting of the safety relief valve (f) A gaging device shall be designed protecting the primary tank. for a pressure at least equal to the maximum allowable pressure of the [CGFR 68–82, 33 FR 18807, Dec. 18, 1968] tank on which it is installed.

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(g) Gage glasses of the columnar type TABLE 38.15–1(b)—MAXIMUM PERMISSIBLE are prohibited. FILLING DENSITIES FOR TANKS OPERATING AT (h) Flat sight glasses may be used in OR NEAR AMBIENT TEMPERATURE—Continued the design of automatic float continuous reading tape gages: Provided, That Maximum permitted filling density such glasses shall be made of high Specific gravity Unlagged tanks—water capacity Lagged strength material suitable for the oper- ° at 60 F. 1,200 gal. and Over 1,200 tanks—all ating temperatures of not less than under gal. capacities one-half inch in thickness and adequately protected by a metal cover. 0.511–0.519 43 46 47 0.520–0.527 44 47 48 0.528–0.536 45 48 49 Subpart 38.15—Special 0.537–0.544 46 49 50 Requirements 0.545–0.552 47 50 51 0.553–0.560 48 51 52 § 38.15–1 Filling of tanks—TB/ALL. 0.561–0.568 49 52 53 0.569–0.576 50 53 54 (a) Refrigerated and semirefrigerated 0.577–0.584 51 54 55 tanks shall be filled so that there is an 0.585–0.592 52 55 56 outage of at least 2 percent of the vol- 0.593–0.600 53 56 57 ume of the tank at the temperature 0.601–0.608 54 57 58 corresponding to the vapor pressure of 0.609–0.617 55 58 59 0.618–0.626 56 59 60 the cargo at the safety relief valve set- 0.627–0.634 57 60 61 ting. A reduction in the required out- NOTE: Increase in filling densities to provide for seasonal age may be permitted by the Com- changes may be considered by the Commandant upon pres- mandant when warranted by special de- entation of factual evidence that safe operation can be sign considerations. Normally then, effected. the maximum volume to which a tank § 38.15–5 Cargo hose—TB/ALL. may be loaded is: (a) When the liquid and vapor line V =0.98d V/d L r L hoses used for loading and discharging where: the cargo are carried on board the ves-

VL=maximum volume to which tank may be sel, they shall be of flexible metal and loaded. fabricated of seamless steel pipe and V=volume of tank. flexible joints of steel or bronze, or of dr=density of cargo at the temperature required for a cargo vapor pressure equal to other suitable material resistant to the the relief valve setting. action of the cargo. Hose used in refrig- dL=density of cargo at the loading tempera- erated systems shall be suitable for the ture and pressure. minimum temperature to which it may (b) Nonrefrigerated tanks shall be be subjected and shall be acceptable to filled so that their filling densities the Commandant. shall not exceed the ratios indicated in (b) Hose subject to tank pressure, or Table 38.15–1(b). the discharge pressure of pumps or (c) The ‘‘filling density’’ is defined as vapor compressors, shall be designed the percent ratio of the weight of the for a bursting pressure of not less than gas in a tank to the weight of water five times the maximum safety relief the tank will hold at 60 °F. valve setting of the tank, pump, or compressor. TABLE 38.15–1(b)—MAXIMUM PERMISSIBLE (c) Before being placed in service FILLING DENSITIES FOR TANKS OPERATING AT each new cargo hose, with all necessary OR NEAR AMBIENT TEMPERATURE fittings attached, shall be Maximum permitted filling density hydrostatically tested by its manufac- Specific turer to a pressure not less than twice gravity Unlagged tanks—water capacity Lagged at 60 °F. tanks—all its maximum working pressure nor 1,200 gal. and Over 1,200 capacities under gal. more than two-fifth its bursting pressure. The hose shall be marked with its 0.473–0.480 38 41 42 0.481–0.488 39 42 43 maximum working pressure, and if 0.489–0.495 40 43 44 used in refrigerated service, its min- 0.496–0.503 41 44 45 imum temperature. 0.504–0.510 42 45 46

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§ 38.15–10 Leak detection systems—T/ devices, shall be installed in these ALL. spaces. Electric motors shall be seg- (a) A detection system shall be per- regated from these spaces by a gastight manently installed to sense cargo bulkhead. Electric lighting of the ex- leaks. The detectors shall be located plosion-proof type may be installed in within the space so as to permit the these spaces provided all switching is sensing of an initial leak and prevent done from outside the space. an undetected gas accumulation. The (c) All cargo tanks, piping, valves, sensitivity shall be in accordance with etc., shall be effectively grounded to paragraph (b) of this section. The de- the vessel’s hull. Tanks with an insu- tectors shall be fitted in the following lated inner shell (primary barrier) compartments: shall have an effective grounding bond (1) Between the primary and sec- to the outer shell (secondary barrier) ondary barriers for nonpressure vessel or to the vessel’s hull. type tanks. (d) Electric submerged motor cargo (2) Cargo handling rooms and spaces pumps may be used, when in compli- containing cargo piping or cargo han- ance with the following requirements dling systems. and subject to approval by the Com- (3) All enclosed spaces, except tanks mandant. and cofferdams, which are separated (1) Design details of the submerged from the cargo tanks by only the sec- motor pump, with an evaluation of the ondary barrier. cooling efficiency of the product being (4) Other spaces where gas concentra- pumped, shall be submitted. tions might be expected. (2) Provisions shall be made to ex- (5) Cargo holds, containing pressure clude air from the tanks containing vessel type tanks and no cargo piping, cargo in either vapor or liquid phase. are exempt from the requirements of The pump motor shall be deenergized this paragraph. when this condition is not satisfied. (b) The indicating instruments for (3) A liquid level sensing device shall the detection system shall be located automatically shut down the motor on the bridge or at the cargo control and sound an alarm at a predetermined station. An audio and visual warning low liquid level. The alarm location shall be given before any gas con- may be the station from which cargo centration reaches 30 percent of the handling is controlled or such other lo- lower explosive limit. The alarm shall cation outside the cargo area as is ac- indicate both on the bridge and at the ceptable to the Commandant. cargo control station. Sampling of each (4) Details of the power cable, tank detector shall be at least once every penetrations and pump connections half hour. shall be submitted. (c) Means shall be provided to meas- (5) An auxiliary means of emptying ure the full range of cargo gas con- the cargo tanks shall be provided in ac- centration in the spaces. cordance with § 38.10–10(d). [CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as (6) Means for positively dis- amended by CGFR 68–65, 33 FR 19985, Dec. 28, connecting the power supply between 1968] the switchboard and the pump power panel shall be provided, i.e., disconnect § 38.15–15 Electrical installations—TB/ links, lockable breakers, etc. ALL. (7) All materials used in the fabrica- (a) All electrical installations shall tion of the submerged motor cargo comply with the requirements con- pumps shall be suitable for use with tained in this subchapter and in sub- the liquid cargo at the design pressures chapter J (Electrical Engineering) of and temperatures. this chapter for tank vessels, except as otherwise specified in this part. § 38.15–20 Remote shutdowns—TB/ (b) Spaces containing cargo pumps, ALL. compressors, and piping are considered (a) All machinery associated with as equivalent to a tank vessel pump- cargo loading, unloading, or cooling room, and no electrical devices, except shall be capable of being shut down Coast Guard approved intrinsically safe from a remote location. This location

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may be the station from which the the relief valve setting is insufficient cargo handling is controlled or such to move the gases through any but an other location outside the cargo area extremely large diameter vent pipe, as is acceptable to the Commandant. the back pressure may exceed 10 per- (b) [Reserved] cent provided: (1) The pressure in the tank during Subpart 38.20—Venting and venting does not exceed 120 percent of Ventilation the tank maximum allowable pressure; and, § 38.20–1 Venting—T/ALL. (2) The safety relief valve is sized to discharge the required capacity with (a) Each safety relief valve installed the tank pressure and vent back pres- on a cargo tank shall be connected to a sure actually used. branch vent of a venting system which (d) Return bends and restrictive pipe shall be constructed so that the dis- fittings are not permitted. charge of gas will be directed vertically (e) Vents and headers shall be so in- upward to a point which shall extend stalled as to prevent excessive stresses to a height above the weather deck on safety relief valve mountings. equal to at least one-third the beam of (f) The vent discharge riser shall be the vessel and to a minimum of at least so located as to provide protection 10 feet, and shall terminate at a com- against mechanical injury and such parable distance from any other living discharge pipes shall be fitted with or working space, ventilator inlet, or loose raincaps or other suitable means source of vapor ignition. When special to prevent entrance of rain or snow. conditions will prevent the vent line (g) No valve of any type shall be header outlets being permanently in- fitted in the vent pipe between the stalled at a height above the deck of safety relief valve and the vent outlets. one-third the beam of the vessel, then (h) Provisions shall be made to drain an adjustable system shall be provided condensate from the vent header pip- which, when extended vertically, shall ing. Special precautions shall insure be capable of reaching a height of one- that condensate does not accumulate third the beam of the vessel. at or near the relief valves. (b) The capacity of branch vents or (i) Relief valves discharging liquid vent headers shall depend upon the cargo shall not be connected to the number of cargo tanks connected to branch vent or vent header lines from such branch or header as provided for the cargo tanks. They may, however, in the Table 38.20–1(b), and upon the be connected to an accumulator, the total safety relief valve discharge ca- vapor space of which, may in turn, be pacity. connected to the vent header system. TABLE 38.20–1(b)—CAPACITY OF BRANCH Relief valves in the cargo piping sys- VENTS OR VENT HEADERS tem may discharge back to the cargo tanks. Number of cargo tanks Percent of total valve (j) Vapor discharged to the atmos- discharge phere in accordance with § 38.05–25(b) 1 or 2 ...... 100 shall utilize valves separate from the 3 ...... 90 safety relief valves. 4 ...... 80 5 ...... 70 § 38.20–5 Venting—T/ALL. 6 or more ...... 60 (a) Safety relief valves on cargo (c) In addition to the requirements tanks in barges may be connected to specified in paragraphs (a) and (b) of individual or common risers which this section, the size of the branch shall extend to a reasonable height vents or vent headers, shall be such above the deck. An alternate arrange- that the back pressure in the relief ment consisting of a branch vent head- valve discharge lines shall not be more er system as required by § 38.20–1 may than 10 percent of the safety relief be installed. In any case, the provisions valve setting. In nonpressure vessel of § 38.20–1 (d) through (j) shall apply. vent systems, however, where the max- (b) Arrangements providing for vent- imum back pressure of 10 percent of ing cargo tanks at sea on unmanned

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barges will be considered by the Com- vapors into the space via the open ac- mandant upon presentation of plans. cess or the ventilation system itself. [CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as § 38.20–10 Ventilation—T/ALL. amended by CGFR 68–65, 33 FR 19985, Dec. 28, (a) A power ventilation system shall 1968] be provided for compartments containing pumps, compressors, pipes, con- Subpart 38.25—Periodic Tests and trol spaces, etc. connected with the Inspections cargo handling facilities. These compartments shall be ventilated in such a § 38.25–1 Tests and inspections—TB/ way as to remove vapors from points ALL. near the floor level or bilges, or other (a) Each tank shall be subjected to areas where vapor concentrations may the tests and inspections described in be expected. The compartments shall this section in the presence of a marine be equipped with power ventilation of inspector, except as otherwise provided the exhaust type having capacity suffi- in this part. cient to effect a complete change of air (1) An internal inspection of the tank in not more than 3 minutes equal to is conducted within— (i) Ten years after the last internal the volume of the compartment and as- inspection if the tank is a pressure ves- sociated trunks. sel type cargo tank on an unmanned (b) The power ventilation units shall barge carrying cargo at temperatures not produce a source of vapor ignition of ¥67 °F (¥55 °C) or warmer; or in either the compartment or the ven- (ii) Eight years after the last internal tilation system associated with the inspection if the tank is of a type other compartment. Inlets to exhaust ducts than that described in paragraph shall be provided and located at points (a)(1)(i) of this section. where concentrations of vapors may be (2) An external examination of expected. Ventilation from the weather unlagged tanks and the visible parts of deck shall be provided. Ventilation lagged tanks shall be made at each in- outlets shall terminate away from any spection for certification and at such openings to the interior part of the ves- other times as considered necessary. sel a lateral distance at least equal to (3) The owner shall ensure that the that specified in § 38.20–1(a). These out- amount of insulation deemed necessary lets shall be so located as to minimize by the marine inspector is removed the possibility of recirculating con- from insulated tanks during each inter- taminated air through the compart- nal inspection to allow spot external ment. examination of the tanks and insula- (c) Means shall be provided for purg- tion, or the thickness of the tanks may ing the following spaces of cargo va- be gauged by a nondestructive means pors: accepted by the marine inspector with- (1) The space surrounding nonpres- out the removal of insulation. sure vessel type tanks, i.e., within the (4) If required by the Officer in Charge, Marine Inspection, the owner secondary barrier. shall conduct nondestructive testing of (2) The space surrounding pressure- each tank in accordance with § 38.25–3. vessel type tanks whose piping connec- (5) If the tank is a pressure vessel tions are below the weather deck in ac- type cargo tank with an internal in- cordance with § 38.10–1(h). spection interval of 10 years, is 30 years (3) The space surrounding tanks old or older, determined from the date whose manhole openings are below the it was built, the owner shall conduct weather deck in accordance with nondestructive testing of that tank, in § 38.05–10(f). accordance with § 38.25–3, during each (d) Power ventilation shall be pro- internal inspection. vided for each auxiliary machinery or (b) If the marine inspector considers working space located on and acces- a hydrostatic test necessary to deter- sible from the cargo handling deck. mine the condition of the tank, the Such ventilation systems shall be de- owner shall perform the test at a pres- signed to preclude the entry of cargo sure of 11⁄2 times the tanks’s—

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(1) Maximum allowable pressure, as (b) If the Officer in Charge, Marine determined by the safety relief valve Inspection rejects the proposal, the Of- setting; or ficer in Charge, Marine Inspection in- (2) Design pressure, when cargo tanks forms the owner of the reasons why the operate at maximum allowable pres- proposal is rejected. sures reduced below the design pressure (c) If the Officer in Charge, Marine in order to satisfy special mechanical Inspection accepts the proposal, then stress relief requirements. the owner shall ensure that— (1) The proposal is followed; and NOTE: See the ASME Code, Section VIII, (2) Nondestructive testing is per- Appendix 3 for information on design pres- formed by personnel meeting ASNT sure. ‘‘Recommended Practice No. SNT-TC- (c) For pressure vessels designed and/ 1A (1988), Personnel Qualification and or supported such that they cannot Certification in Nondestructive Test- safely be filled with water, the Com- ing.’’ mandant will consider a pneumatic (d) Within 30 days after completing test in lieu of the hydrostatic test. A the nondestructive test, the owner leak test shall be performed in con- shall submit a written report of the re- junction with the pneumatic test. sults to the Officer in Charge, Marine Pneumatic testing shall be in accord- Inspection. ance with subchapter F (Marine Engi- [CGD 85–061, 54 FR 50963, Dec. 11, 1989] neering) of this chapter. (d) Nonpressure vessel type tanks § 38.25–5 Removal of defective tanks— shall be tested to a pressure equal to TB/ALL. the pressure on the bottom of the tank If a tank fails to pass the tests pre- under the design conditions listed in scribed in this subpart, it shall be re- § 38.05–4(e). moved from service unless otherwise (e) In the application of the require- authorized by the Commandant. ments for testing of the cargo tanks, the test shall in no case be less severe § 38.25–10 Safety relief valves—TB/ than the worst anticipated service con- ALL. dition of the cargo loading. (a) The cargo tank safety relief (f) In the design and testing of the valves shall be inspected at least once independent cargo tanks, consideration in every 2 years. shall be given to the possibility of the (b) The safety relief valve discs must independent tanks being subjected to be lifted from their seats in the pres- external loads. ence of a marine inspector by either liquid, gas, or vapor pressure at least [CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as once every 5 years to determine the ac- amended by CGD 85–061, 54 FR 50962, Dec. 11, curacy of adjustment and, if necessary, 1989] must be reset. § 38.25–3 Nondestructive testing—TB/ [CGFR 66–33, 31 FR 15269, Dec. 6, 1966, as ALL. amended by CGD 95–027, 61 FR 26000, May 23, (a) Before nondestructive testing 1996] may be conducted to meet § 38.25–1 (a)(4) and (a)(5), the owner shall submit PART 39—VAPOR CONTROL a proposal to the Officer in Charge, Ma- SYSTEMS rine Inspection for acceptance that includes— Subpart 39.10—GeneraI (1) The test methods and procedures Sec. to be used, all of which must meet sec- 39.10–1 Applicability—TB/ALL. tion V of the ASME Boiler and Pres- 39.10–3 Definitions—TB/ALL. sure Vessel Code (1986); 39.10–5 Incorporation by reference—TB/ (2) Each location on the tank to be ALL. tested; and 39.10–9 Vessel vapor processing unit—TB/ ALL. (3) The test method and procedure to 39.10–11 Personnel training—TB/ALL. be conducted at each location on the 39.10–13 Submission of vapor control system tank. designs—TB/ALL.

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Subpart 39.20—Design and Equipment (d) This part does not apply to the collection of vapors of liquefied flam- 39.20–1 Vapor collection system—TB/ALL. 39.20–3 Cargo gauging system—TB/ALL. mable gases as defined in § 30.10–39 of 39.20–7 Tankship liquid overfill protection— this subchapter. T/ALL. [CGD 88–102, 55 FR 25446, June 21, 1990, as 39.20–9 Tank barge liquid overfill protec- amended by CGD 95–072, 60 FR 50462, Sept. 29, tion—B/ALL. 1995; CGD 96–041, 61 FR 50727, Sept. 27, 1996] 39.20–11 Vapor overpressure and vacuum protection—TB/ALL. 39.20–13 High and low vapor pressure protec- § 39.10–3 Definitions—TB/ALL. tion for tankships—T/ALL. As used in this part: Cargo deck area means that part of Subpart 39.30—Operations the weather deck that is directly over 39.30–1 Operational requirements—TB/ALL. the cargo tanks. Existing vapor collection system means Subpart 39.40—Lightering and Topping-Off a vapor collection system which was Operations with Vapor Balancing operating prior to July 23, 1990. 39.40–1 General requirements for vapor bal- Facility vapor connection means the ancing—TB/ALL. point in a facility’s fixed vapor collec- 39.40–3 Design and equipment for vapor bal- tion system where it connects with the ancing—TB/ALL. vapor collection hose or the base of the 39.40–5 Operational requirements for vapor vapor collection arm. balancing—TB/ALL. Independent as applied to two sys- AUTHORITY: 33 U.S.C. 1231; 46 U.S.C. 3306, tems means that one system will oper- 3703, 3715(b); 45 FR 58801, 3 CFR, 1980 Comp., ate with a failure of any part of the p. 277; Department of Homeland Security other system except power sources and Delegation No. 0170.1. electrical feeder panels. EDITORIAL NOTE: Nomenclature changes to Inerted means the oxygen content of part 39 appear at 74 FR 49227, Sept. 25, 2009. the vapor space in a cargo tank is re- SOURCE: CGD 88–102, 55 FR 25446, June 21, duced to 8 percent by volume or less in 1990, unless otherwise noted. accordance with the inert gas requirements of § 32.53 or § 153.500 of this chap- Subpart 39.10—General ter. Lightering or lightering operation § 39.10–1 Applicability—TB/ALL. means the transfer of a bulk liquid (a) Except as specified by paragraph cargo from a tank vessel to a service (c) of this section, this part applies to vessel. each tank vessel operating in the navi- Marine Safety Center means the Com- gable waters of the United States, manding Officer, U.S. Coast Guard Ma- when collecting vapors of crude oil, rine Safety Center, 1900 Half Street, gasoline blends, or benzene emitted SW, Suite 1000, Room 525, Washington, from a vessel’s cargo tanks through a DC 20024 for visitors. Send all mail to vapor control system. Commanding Officer, U.S. Coast Guard (b) A tank vessel which transfers va- Marine Safety Center, 2100 2nd St. SW., pors of flammable or combustible car- Stop 7102, Washington, DC 20593–7102, in goes other than crude oil, gasoline a written or electronic format. Infor- blends, or benzene, to a facility covered mation for submitting the VSP elec- by 33 CFR part 154 must meet the re- tronically can be found at http:// quirements prescribed by the Com- www.uscg.mil/HQ/MSC. mandant (CG–522). Maximum allowable transfer rate (c) A tank vessel with an existing means the maximum volumetric rate vapor collection system specifically ap- at which a vessel may receive cargo or proved by the Coast Guard for the col- ballast. lection of cargo vapor which was oper- New vapor collection system means a ating prior to July 23, 1990, is subject vapor collection system which is not only to § 39.30–1 and § 39.40–5 of this part an existing vapor collection system. as long as it transfers cargo vapor only Service vessel means a vessel which to the specific facilities for which it transports bulk liquid cargo between a was approved. facility and another vessel.

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Topping-off operation means the § 39.10–5 Incorporation by reference— transfer of a bulk liquid cargo from a TB/ALL. service vessel to another vessel in (a) Certain materials are incor- order to load the receiving vessel to a deeper draft. porated by reference into this part Vapor balancing means the transfer of with the approval of the Director of the vapor displaced by incoming cargo Federal Register in accordance with 5 from the tank of a vessel receiving U.S.C. 552(a). To enforce any edition cargo into a tank of the vessel or facil- other than the one listed in paragraph ity delivering cargo via a vapor collec- (b) of this section, notice of change tion system. must be published in the FEDERAL REG- Vapor collection system means an ar- ISTER and the material made available rangement of piping and hoses used to to the public. All approved material is collect vapor emitted from a vessel’s on file at the U.S. Coast Guard, Office cargo tanks and to transport the vapor of Operating and Environmental Stand- to a vapor processing unit. ards (CG–522), 2100 2nd St. SW., Stop Vapor control system means an ar- 7126, Washington, DC 20593–7126, or at rangement of piping and equipment the National Archives and Records Ad- used to control vapor emissions col- ministration (NARA). For information lected from a vessel. It includes the on the availability of this material at vapor collection system and vapor NARA, call 202–741–6030, or go to: http:// processing unit. Vapor processing unit means the com- www.archives.gov/federallregister/ ponents of a vapor control system that codeloflfederallregulations/ recovers, destroys, or disperses vapor ibrllocations.html. All material is collected from a vessel. available from the sources indicated in Vessel vapor connection means the paragraph (b) of this section. point in a vessel’s fixed vapor collec- (b) The material approved for incor- tion system where it connects with the poration by reference in this part, and vapor collection hose or arm. the sections affected are: [CGD 88–102, 55 FR 25446, June 21, 1990, as amended by USCG–2007–29018, 72 FR 53965, Sept. 21, 2007]

American Petroleum Institute (API), 1220 L Street NW., Washington, DC 20005 API Standard 2000, Venting Atmospheric and Low-Pressure Storage Tanks (Nonrefrigerated and Refrigerated), Third Edition, January 1982 (reaffirmed December 1987) ...... 39.20–11 American National Standards Institute (ANSI), 11 West 42nd Street, New York, NY 10036 ANSI B16.5, Steel Pipe Flanges and Flanged Fittings, 1981 ...... 39.20–1 American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428–2959 ASTM F 1271–90 (1995)—Standard Specification for Spill Valves for Use in Ma- rine Tank Liquid Overpressure Protection Applications ...... 39.20–9 International Electrotechnical Commission (IEC), Bureau Central de la Commission Electrotechnique Internationale, 1 rue de Varembe´, Geneva, Switzerland IEC 309–1—Plugs, Socket-Outlets and Couplers for Industrial Purposes: Part 1, General Requirements, 1979 ...... 39.20–9 IEC 309–2—Plugs, Socket-Outlets and Couplers for Industrial Purposes: Part 2, Dimensional Interchangeability Requirements for Pin and Contact-tube Ac- cessories, 1981 ...... 39.20–9 National Electrical Manufacturers Association (NEMA), 2101 L St. NW., Washington, DC 20036 ANSI/NEMA WD6—Wiring Devices, Dimensional Requirements, 1988 ...... 39.20–9 National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02269 NFPA 70—National Electrical Code, 1987 ...... 39.20–9 Oil Companies International Marine Forum (OCIMF), 15th Floor, 96 Victoria Street, London SWIE 5JW, England International Safety Guide for Oil Tankers and Terminals, Third Edition, 1988 39.30–1

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[CGD 88–102, 55 FR 25446, June 21, 1990, as amended by CGD 95–072, 60 FR 50462, Sept. 29, 1995; CGD 96–041, 61 FR 50727, Sept. 27, 1996; CGD 97–057, 62 FR 51043, Sept. 30, 1997; USCG-1999–5151, 64 FR 67177, Dec. 1, 1999]

§ 39.10–9 Vessel vapor processing rine Safety Center for approval prior to unit—TB/ALL. installation. Each vessel which has a vapor proc- (b) An existing vapor collection sys- essing unit located on board must meet tem installation that has been Coast the requirements of 33 CFR part 154, Guard approved to transfer cargo vapor subpart E to the satisfaction of the to specific facilities must be reviewed Commandant (CG–522) in addition to and approved by the Marine Safety complying with the requirements of Center prior to transferring vapors to this part. other facilities. (c) The owners/operators of a foreign [CGD 88–102, 55 FR 25446, June 21, 1990, as flag vessel may submit certification by amended by CGD 95–072, 60 FR 50462, Sept. 29, 1995; CGD 96–041, 61 FR 50727, Sept. 27, 1996] the classification society which classes the vessel that the vessel meets the re- § 39.10–11 Personnel training—TB/ quirements of this part as an alter- ALL. native to meeting the requirements in (a) A person in charge of a transfer paragraph (a) of this section. operation utilizing a vapor collection (d) Upon satisfactory completion of system must have completed a training plan review and inspection of the vapor program covering the particular sys- collection system or receipt of the cer- tem installed on the vessel. Training tification provided for in paragraph (c) must include drills or demonstrations of this section, the Officer in Charge, using the installed vapor control sys- Marine Inspection, shall endorse the tem covering normal operations and Certificate of Inspection for U.S. flag emergency procedures. vessels, or the Certificate of Compli- (b) The training program required by ance for foreign flag vessels, that the paragraph (a) of this section must vessel is acceptable for collecting the cover the following subjects: vapor from crude oil, gasoline blends, (1) Purpose of a vapor control sys- and benzene, or any other vapor it is tem; found acceptable to collect. (2) Principles of the vapor control [CGD 88–102, 55 FR 25446, June 21, 1990, as system; amended by CGD 95–028, 62 FR 51200, Sept. 30, (3) Components of the vapor control 1997; USCG-2004–18884, 69 FR 58345, Sept. 30, system; 2004] (4) Hazards associated with the vapor control system; Subpart 39.20—Design and (5) Coast Guard regulations in this Equipment part; (6) Operating procedures, including: § 39.20–1 Vapor collection system—TB/ (i) Testing and inspection require- ALL. ments, (a) Each vapor collection system (ii) Pre-transfer procedures, must meet the following requirements: (iii) Connection sequence, (1) Except as allowed by paragraph (iv) Start-up procedures, and (a)(3) of this section or the Com- (v) Normal operations; and mandant (CG–522), vapor collection pip- (7) Emergency procedures. ing must be permanently installed, [CGD 88–102, 55 FR 25446, June 21, 1990; 55 FR with the vessel’s vapor connection lo- 39270, Sept. 26, 1990] cated as close as practical to the loading manifold; § 39.10–13 Submission of vapor control (2) If the vessel collects vapors from system designs—TB/ALL. incompatible cargoes simultaneously, (a) Plans, calculations, and specifica- it must keep the incompatible vapors tions for a new vessel vapor collection separate throughout the entire vapor system must be submitted to the Ma- collection system;

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(3) A vessel certified to carry cargo (3) Be capable of withstanding at listed in Table 151.05 of part 151 or least 2.0 psi vacuum without collapsing Table 1 of part 153 of this chapter may or constricting; have vapor connections located in the (4) Be electrically continuous with a vicinity of each tank in order to pre- maximum resistance of ten thousand serve segregation of cargo systems, in (10,000) ohms; lieu of common header piping; (5) Have flanges with: (4) A means must be provided to (i) A bolt hole arrangement com- eliminate liquid condensate which may plying with the requirements for 150 collect in the system, such as draining pound class ANSI B16.5 flanges, and and collecting liquid from each low (ii) One or more 0.625 inch diameter point in the line; holes in the flange located midway between bolt holes and in line with the (5) Vapor collection piping must be bolt hole pattern; electrically bonded to the hull and (6) Be abrasion resistant and resist- must be electrically continuous; and ant to kinking; and (6) An inerted tankship must have a (7) Have the last 1.0 meter (3.3 feet) of means to isolate the inert gas supply each end of the vapor hose marked in from the vapor collection system. The accordance with paragraph (d) of this inert gas main isolation valve required section. by SOLAS 74, as amended, chapter II–2, (g) Vapor hose handling equipment Regulation 62.10.8 may be used to sat- must be provided with hose saddles isfy this requirement. which provide adequate support to pre- (b) The vapor collection system must vent kinking or collapse of hoses. not interfere with the proper operation of the cargo tank venting system. [CGD 88–102, 55 FR 25446, June 21, 1990, as amended by CGD 95–072, 60 FR 50462, Sept. 29, (c) An isolation valve capable of 1995; CGD 96–041, 61 FR 50727, Sept. 27, 1996] manual operation must be provided at the vessel vapor connection. The valve § 39.20–3 Cargo gauging system—TB/ must have an indicator to show clearly ALL. whether the valve is in the open or (a) Each cargo tank of a tank vessel closed position, unless the valve posi- that is connected to a vapor collection tion can be readily determined from system must be equipped with a cargo the valve handle or valve stem. gauging device which: (d) The last 1.0 meter (3.3 feet) of (1) Provides a closed gauging ar- vapor piping before the vessel vapor rangement as defined in § 151.15.10 of connection must be: this chapter that does not require (1) Painted red/yellow/red with: opening the tank to the atmosphere (i) The red bands 0.1 meter (0.33 feet) during cargo transfer; wide, and (2) Allows the operator to determine (ii) The middle yellow band 0.8 meter the liquid level in the tank for the full (2.64 feet) wide; and range of liquid levels in the tank; (3) Indicates the liquid level in the (2) Labeled ‘‘VAPOR’’ in black letters tank at the location where cargo trans- at least 50 millimeters (2 inches) high. fer is controlled; and (e) Each vessel vapor connection (4) If portable, is installed on the flange must have a permanently at- tank during the entire transfer oper- tached 0.5 inch diameter stud at least ation. 1.0 inch long projecting outward from (b) Except when a tank barge com- the flange face. The stud must be lo- plies with § 39.20–9(a) of this part, each cated at the top of the flange, midway cargo tank of a barge must have a high between bolt holes, and in line with the level indicating device that: bolt hole pattern. (1) Provides a visual indication of the (f) Each hose used for transferring liquid level in the cargo tank when the vapors must: cargo level is within 1.0 meter (3.28 (1) Have a design burst pressure of at feet) of the tank top; least 25 psig; (2) Has the maximum liquid level per- (2) Have a maximum allowable work- mitted under § 39.30–1(e) of this part at ing pressure of at least 5 psig; even keel conditions conspicuously and

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permanently marked on the indicating tion system, it must meet the require- device; and ments of § 39.20–9(c) of this part. (3) Is visible from all cargo control (f) If a rupture disk is installed on a areas on the tank barge. cargo tank fitted with a vapor collection system, it must meet the require- § 39.20–7 Tankship liquid overfill pro- ments of § 39.20–9(d) of this part. tection—T/ALL. (a) Each cargo tank of a tankship § 39.20–9 Tank barge liquid overfill must be equipped with an intrinsically protection—B/ALL. safe high level alarm and a tank over- Each cargo tank of a tank barge fill alarm. must have one of the following liquid (b) The high level alarm and tank overfill protection arrangements. overfill alarm required by paragraph (a) A system meeting the require- (a) of this section, if installed after ments of § 39.20–7 of this part which: July 23, 1990 must: (1) Includes a self-contained power (1) Be independent of each other; supply; (2) Alarm in the event of loss of (2) Is powered by generators installed power to the alarm system or failure of on the barge; or electrical circuitry to the tank level (3) Receives power from a facility and sensor; and is fitted with a shore tie cable and a 120 (3) Be able to be checked at the tank volt 20 amp explosion-proof plug which for proper operation prior to each meets: transfer or contain an electronic self- (i) ANSI/NEMA WD6; testing feature which monitors the (ii) NFPA 70, Articles 410–57 and 501– condition of the alarm circuitry and 12; and sensor. (iii) § 111.105–9 of this chapter. (c) The high level alarm required by (b) An intrinsically safe overfill con- paragraph (a) of this section must: trol system which: (1) Alarm before the tank overfill (1) Is independent of the cargo gaug- alarm, but no lower than 95 percent of ing device required by § 39.20–3(a) of tank capacity; this part; (2) Be identified with the legend (2) Actuates an alarm and automatic ‘‘High Level Alarm’’ in black letters at shutdown system at the facility over- least 50 millimeters (2 inches) high on fill control panel, or on the vessel to be a white background; and lightered if a lightering operation, 60 (3) Have audible and visible alarm in- seconds before the tank becomes 100 dications that can be seen and heard on percent liquid full; the vessel where cargo transfer is con- (3) Is able to be checked at the tank trolled. for proper operation prior to each load- (d) The tank overfill alarm required ing; by paragraph (a) of this section must: (4) Consists of components which, in- (1) Be independent of the cargo gaug- dividually or in series, will not gen- ing system; erate or store a total of more than 1.2 (2) Have audible and visible alarm in- V, 0.1 A, 25 mW, or 20 microjoules; dications that can be seen and heard on (5) Has at least one tank overfill sen- the vessel where cargo transfer is con- sor switch with normally closed controlled and in the cargo deck area; tacts per cargo tank; (3) Be identified with the legend (6) Has all tank overfill sensor ‘‘TANK OVERFILL ALARM’’ in black switches connected in series; letters at least 50 millimeters (2 (7) Has interconnecting cabling that inches) high on a white background; meets § 111.105–15(b) of this chapter; and and (8) Has a male plug with a 5 wire, 16 (4) Alarm early enough to allow the amp connector body meeting IEC 309–1/ person in charge of transfer operations 309–2 which is: to stop the transfer operation before (i) Configured with pins S2 and R1 for the cargo tank overflows. the tank overfill sensor circuit, pin G (e) If a spill valve is installed on a connected to the cabling shield, and cargo tank fitted with a vapor collec- pins N and T3 reserved for an optional

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high level alarm circuit meeting the tank vapor space of less than 0.5 psi requirements of this paragraph; and below atmospheric pressure. (ii) Labeled ‘‘Connector for Barge (b) Each pressure-vacuum relief valve Overflow Control System’’ and with must: the total inductance and capacitance of (1) Be tested for venting capacity in the connected switches and cabling. accordance with paragraph 1.5.1.3 of (c) A spill valve which: API 2000; and (1) Meets ASTM F 1271 (incorporated (2) Have a means to check that the by reference, see § 39.10–5); device operates freely and does not re- (2) Relieves at a pressure higher than main in the open position, if installed the pressure at which the pressure re- after July 23, 1991. lief valves meeting the requirements of (c) The relieving capacity test re- § 39.20–11 operate; quired by paragraph (b)(1) of this sec- (3) Limits the maximum pressure at tion must be carried out with a flame the cargo tank top during liquid over- screen fitted at the vacuum relief open- fill, at the maximum loading rate for ing and at the discharge opening if the the tank, to not more than the max- pressure-vacuum relief valve is not de- imum design working pressure for the signed to ensure a minimum vapor dis- tank; and charge velocity of 30 meters (98.4 ft.) (4) If the vessel is in ocean or coast- per second. wise service, has provisions to prevent § 39.20–13 High and low vapor pres- opening due to cargo sloshing. sure protection for tankships—T/ (d) A rupture disk arrangement ALL. which meets paragraphs (c)(2), (c)(3) Each tankship vapor collection sys- and (c)(4) of this section and is ap- tem must be fitted with a pressure proved by the Commandant (CG–522). sensing device that senses the pressure [CGD 88–102, 55 FR 25446, June 21, 1990, as in the main vapor collection line, amended by CGD 95–072, 60 FR 50462, Sept. 29, which: 1995; CGD 96–041, 61 FR 50727, Sept. 27, 1996; (a) Has a pressure indicator located USCG-2000–7790, 65 FR 58459, Sept. 29, 2000] on the vessel where the cargo transfer is controlled; and § 39.20–11 Vapor overpressure and vac- (b) Has a high pressure and a low uum protection—TB/ALL. pressure alarm that: (a) The cargo tank venting system (1) Is audible and visible on the vessel required by § 32.55 of this chapter must: where cargo transfer is controlled; (1) Be capable of discharging cargo (2) Alarms at a high pressure of not vapor at 1.25 times the maximum more than 90 percent of the lowest transfer rate such that the pressure in pressure relief valve setting in the the vapor space of each tank connected cargo tank venting system; and to the vapor collection system does not (3) Alarms at a low pressure of not exceed: less than four inches water gauge (0.144 (i) The maximum design working psig) for an inerted tankship, or the pressure for the tank, or lowest vacuum relief valve setting in (ii) If a spill valve or rupture disk is the cargo tank venting system for a fitted, the pressure at which the device non-inerted tankship. operates; (2) Not relieve at a pressure cor- Subpart 39.30—Operations responding to a pressure in the cargo tank vapor space of less than 1.0 psig; § 39.30–1 Operational requirements— (3) Prevent a vacuum in the cargo TB/ALL. tank vapor space, whether generated (a) Vapor from a tank vessel may not by withdrawal of cargo or vapor at be transferred to: maximum rates, that exceeds the max- (1) A facility in the United States imum design vacuum for any tank con- which does not have its letter of ade- nected to the vapor collection system; quacy endorsed as meeting the require- and ments of 33 CFR part 154, subpart E; or (4) Not relieve at a vacuum cor- (2) In the case of a lightering or top- responding to a vacuum in the cargo ping off operation, a vessel which does

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not have its certificate of inspection or (g) A cargo tank may be opened to certificate of compliance endorsed as the atmosphere for gauging or sam- meeting the requirements of this part. pling while a tank vessel is connected (b) The pressure drop through the to a vapor control system if the fol- vapor collection system from the most lowing conditions are met: remote cargo tank to the vessel vapor (1) The cargo tank is not being filled; connection must be: (2) Except when the tank is inerted, (1) Determined for each cargo han- any pressure in the cargo tank vapor dled by the vapor collection system at space is first reduced to atmospheric the maximum transfer rate and at les- pressure by the vapor control system; sor transfer rates; (3) The cargo is not required to be (2) Based on a 50 percent cargo vapor closed or restricted gauged by Table and air mixture, and a vapor growth 151.05 of part 151 or Table 1 in part 153 rate appropriate for the cargo being of this chapter; and loaded; and (4) For static accumulating cargo, all (3) Included in the vessel’s oil trans- metallic equipment used in sampling fer procedures as a table or graph or gauging is electrically bonded to the showing the liquid transfer rate versus vessel before it is put into the tank, re- the pressure drop. mains bonded to the vessel until it is (c) If a vessel carries vapor hoses, the removed from the tank, and if the tank pressure drop through the hoses must is not inerted, a period of 30 minutes be included in the pressure drop cal- has elapsed since loading of the tank culations required by paragraph (b) of was completed. this section. (h) For static accumulating cargo the (d) The rate of cargo transfer must initial transfer rate must be controlled not exceed the maximum allowable in accordance with Section 7.4 of the transfer rate as determined by the less- OCIMF, International Safety Guide for er of the following: Oil Tankers and Terminals, in order to (1) Eighty (80) percent of the total minimize the development of a static venting capacity of the pressure relief electrical charge. valves in the cargo tank venting sys- (i) If cargo vapor is collected by a fa- tem when relieving at the set pressure cility that requires the vapor from the required by § 39.20–11(a) of this part; vessel to be inerted in accordance with (2) The total vacuum relieving capac- 33 CFR 154.820(a) or (b), the oxygen con- ity of the vacuum relief valves in the tent in the vapor space of each cargo cargo tank venting system when reliev- tank connected to the vapor collection ing at the set pressure required by system must not exceed 8 percent by § 39.20–11(a) of this part; volume at the start of cargo transfer. (3) The rate based on pressure drop The oxygen content of each tank must calculations at which, for a given pres- be measured at a point one meter (3.28 sure at the facility vapor connection, feet) below the tanktop and at a point or if lightering at the vapor connection equal to one-half of the ullage. Where of the vessel receiving cargo, the pres- tanks have partial bulkheads, the oxy- sure in any cargo tank connected to gen content of each area of that tank the vapor collection system exceeds 80 formed by each partial bulkhead must percent of the setting of any pressure be measured at a point one meter (3.28 relief valve in the cargo tank venting feet) below the tanktop and at a point system. equal to one-half of the ullage. (e) A cargo tank must not be filled (j) If the vessel is equipped with an higher than: inert gas system, the isolation valve (1) 98.5 percent of the cargo tank vol- required by § 39.20–1(a)(6) of this part ume; or must remain closed during vapor trans- (2) The level at which an overfill fer. alarm complying with § 39.20–7 or (k) Unless equipped with an auto- § 39.20–9(b)(2) of this part is set. matic self-test and circuit monitoring (f) A cargo tank must not be opened feature, each high level alarm and tank to the atmosphere during cargo trans- overfill alarm required by § 39.20–7 or fer operations except as provided in § 39.20–9 of this part, on a cargo tank paragraph (g) of this section. being loaded, must be tested at the

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tank for proper operation within 24 (i) Activates an audible and visible hours prior to the start of cargo trans- alarm at a location on the service ves- fer. sel where cargo transfer is controlled [CGD 88–102, 55 FR 25446, June 21, 1990; 55 FR when the oxygen content in the vapor 39270, Sept. 26, 1990] collection system exceeds 8 percent by volume; Subpart 39.40—Lightering and (ii) Has an oxygen concentration in- Topping-Off Operations with dicator located on the service vessel Vapor Balancing where the cargo transfer is controlled; and § 39.40–1 General requirements for (iii) Has a connection for injecting a vapor balancing-TB/ALL. span gas of known concentration for (a) Except as provided in paragraph calibration and testing of the oxygen (b) of this section, each vessel which analyzer. uses vapor balancing while conducting (b) If the cargo tanks on a vessel dis- a lightering or topping-off operation charging cargo are not inerted, the must meet the requirements of this vapor collection line on the service subpart in addition to the require- vessel must be fitted with a detonation ments of subparts 39.10, 39.20, and 39.30 arrester that meets the requirements of this part. of 33 CFR 154.822(a) located within 3 (b) An arrangement to control vapor meters (9.74 ft.) of the vessel vapor con- emissions during a lightering or top- nection. ping-off operation which does not use (c) An electrical insulating flange or vapor balancing must receive approval one length of non-conductive hose from the Commandant (CG–522). must be provided between the vessel (c) A vapor balancing operation must vapor connection on the service vessel not use a compressor or blower to as- and the vapor connection on the vessel sist vapor transfer without approval being lightered or topped-off. from the Commandant (CG–522). (d) Vapor balancing is prohibited § 39.40–5 Operational requirements for when the cargo tanks on a vessel dis- vapor balancing—TB/ALL. charging cargo are inerted and the cargo tanks on a vessel receiving cargo (a) During a lightering or topping-off are not inerted. operation each cargo tank being loaded (e) A vessel which intends to engage must be connected by the vapor collec- in a lightering or topping-off operation tion system to a cargo tank which is while collecting cargo vapor from being discharged. other than crude oil, gasoline, or ben- (b) If the cargo tanks on both the zene must receive specific approval vessel discharging cargo and the vessel from the Commandant (CG–522). receiving cargo are inerted, the fol- [CGD 88–102, 55 FR 25446, June 21, 1990; 55 FR lowing requirements must be met: 39270, Sept. 26, 1990, as amended by CGD 95– (1) Each tank on a vessel receiving 072, 60 FR 50462, Sept. 29, 1995; CGD 96–041, 61 cargo which is connected to the vapor FR 50727, Sept. 27, 1996] collection system must be tested prior to cargo transfer to ensure that the ox- § 39.40–3 Design and equipment for ygen content in the vapor space does vapor balancing—TB/ALL. not exceed 8 percent by volume. The (a) If the cargo tanks on a vessel dis- oxygen content of each tank must be charging cargo and a vessel receiving measured at a point one meter (3.28 cargo are inerted, the service vessel feet) below the tanktop and at a point must: equal to one-half of the ullage. Where (1) Have a means to inert the vapor tanks have partial bulkheads, the oxy- transfer hose prior to transferring cargo vapor; and gen content of each area of that tank (2) Have an oxygen analyzer with a formed by each partial bulkhead must sensor or sampling connection fitted be measured at a point one meter (3.28 within 3 meters (9.74 ft.) of the vessel feet) below the tanktop and at a point vapor connection which: equal to one-half of the ullage;

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(2) The oxygen analyzer required by lection system on the vessel dis- § 39.40–3(a) must be tested for proper op- charging cargo. eration prior to the start of each trans- (d) The cargo transfer rate must be fer operation; controlled from the vessel discharging (3) The oxygen content of vapors cargo, and must not exceed the max- being transferred must be continuously imum allowable transfer rate for the monitored during the transfer oper- vessel receiving cargo. ation; (e) The pressure in the vapor space of (4) Cargo transfer must be termi- any cargo tank connected to the vapor collection line on either the vessel re- nated if the oxygen content exceeds 8 ceiving cargo or the vessel discharging percent by volume and must not be re- cargo must not exceed 80 percent of the started until the oxygen content in the lowest setting of any pressure relief tanks of the vessel receiving cargo is valve during ballasting or cargo trans- reduced to 8 percent by volume or less; fer. and (f) All impressed current cathodic (5) The vapor transfer hose must be protection systems must be deener- purged of air and inerted prior to start- gized during cargo transfer operations. ing vapor transfer. (g) Tank washing is prohibited unless (c) The isolation valve, required by the cargo tanks on both the vessel dis- § 39.20–1(c) of this part, located on the charging cargo and the vessel receiving service vessel must not be opened until cargo are inerted or the tank is iso- the pressure in the vapor collection lated from the vapor collection line. system on the vessel receiving cargo [CGD 88–102, 55 FR 25446, June 21, 1990; 55 FR exceeds the pressure in the vapor col- 39270, Sept. 26, 1990]

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A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually. Table of CFR Titles and Chapters Alphabetical List of Agencies Appearing in the CFR List of CFR Sections Affected

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Title 1—General Provisions

I Administrative Committee of the Federal Register (Parts 1—49) II Office of the Federal Register (Parts 50—299) III Administrative Conference of the United States (Parts 300—399) IV Miscellaneous Agencies (Parts 400—500)

Title 2—Grants and Agreements

SUBTITLE A—OFFICE OF MANAGEMENT AND BUDGET GUIDANCE FOR GRANTS AND AGREEMENTS I Office of Management and Budget Governmentwide Guidance for Grants and Agreements (Parts 100—199) II Office of Management and Budget Circulars and Guidance (200— 299) SUBTITLE B—FEDERAL AGENCY REGULATIONS FOR GRANTS AND AGREEMENTS III Department of Health and Human Services (Parts 300— 399) IV Department of Agriculture (Parts 400—499) VI Department of State (Parts 600—699) VII Agency for International Development (Parts 700—799) VIII Department of Veterans Affairs (Parts 800—899) IX Department of Energy (Parts 900—999) XI Department of Defense (Parts 1100—1199) XII Department of Transportation (Parts 1200—1299) XIII Department of Commerce (Parts 1300—1399) XIV Department of the Interior (Parts 1400—1499) XV Environmental Protection Agency (Parts 1500—1599) XVIII National Aeronautics and Space Administration (Parts 1880— 1899) XX United States Nuclear Regulatory Commission (Parts 2000—2099) XXII Corporation for National and Community Service (Parts 2200— 2299) XXIII Social Security Administration (Parts 2300—2399) XXIV Housing and Urban Development (Parts 2400—2499) XXV National Science Foundation (Parts 2500—2599) XXVI National Archives and Records Administration (Parts 2600—2699) XXVII Small Business Administration (Parts 2700—2799) XXVIII Department of Justice (Parts 2800—2899)

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XXX Department of Homeland Security (Parts 3000—3099) XXXI Institute of Museum and Library Services (Parts 3100—3199) XXXII National Endowment for the Arts (Parts 3200—3299) XXXIII National Endowment for the Humanities (Parts 3300—3399) XXXV Export-Import Bank of the United States (Parts 3500—3599) XXXVII Peace Corps (Parts 3700—3799) LVIII Election Assistance Commission (Parts 5800—5899)

Title 3—The President

I Executive Office of the President (Parts 100—199)

Title 4—Accounts

I Government Accountability Office (Parts 1—99) II Recovery Accountability and Transparency Board (Parts 200— 299)

Title 5—Administrative Personnel

I Office of Personnel Management (Parts 1—1199) II Merit Systems Protection Board (Parts 1200—1299) III Office of Management and Budget (Parts 1300—1399) V The International Organizations Employees Loyalty Board (Parts 1500—1599) VI Federal Retirement Thrift Investment Board (Parts 1600—1699) VIII Office of Special Counsel (Parts 1800—1899) IX Appalachian Regional Commission (Parts 1900—1999) XI Armed Forces Retirement Home (Parts 2100—2199) XIV Federal Labor Relations Authority, General Counsel of the Fed- eral Labor Relations Authority and Federal Service Impasses Panel (Parts 2400—2499) XV Office of Administration, Executive Office of the President (Parts 2500—2599) XVI Office of Government Ethics (Parts 2600—2699) XXI Department of the Treasury (Parts 3100—3199) XXII Federal Deposit Insurance Corporation (Parts 3200—3299) XXIII Department of Energy (Parts 3300—3399) XXIV Federal Energy Regulatory Commission (Parts 3400—3499) XXV Department of the Interior (Parts 3500—3599) XXVI Department of Defense (Parts 3600— 3699) XXVIII Department of Justice (Parts 3800—3899) XXIX Federal Communications Commission (Parts 3900—3999) XXX Farm Credit System Insurance Corporation (Parts 4000—4099) XXXI Farm Credit Administration (Parts 4100—4199) XXXIII Overseas Private Investment Corporation (Parts 4300—4399)

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XXXIV Securities and Exchange Commission (Parts 4400—4499) XXXV Office of Personnel Management (Parts 4500—4599) XL Interstate Commerce Commission (Parts 5000—5099) XLI Commodity Futures Trading Commission (Parts 5100—5199) XLII Department of Labor (Parts 5200—5299) XLIII National Science Foundation (Parts 5300—5399) XLV Department of Health and Human Services (Parts 5500—5599) XLVI Postal Rate Commission (Parts 5600—5699) XLVII Federal Trade Commission (Parts 5700—5799) XLVIII Nuclear Regulatory Commission (Parts 5800—5899) XLIX Federal Labor Relations Authority (Parts 5900—5999) L Department of Transportation (Parts 6000—6099) LII Export-Import Bank of the United States (Parts 6200—6299) LIII Department of Education (Parts 6300—6399) LIV Environmental Protection Agency (Parts 6400—6499) LV National Endowment for the Arts (Parts 6500—6599) LVI National Endowment for the Humanities (Parts 6600—6699) LVII General Services Administration (Parts 6700—6799) LVIII Board of Governors of the Federal Reserve System (Parts 6800— 6899) LIX National Aeronautics and Space Administration (Parts 6900— 6999) LX United States Postal Service (Parts 7000—7099) LXI National Labor Relations Board (Parts 7100—7199) LXII Equal Employment Opportunity Commission (Parts 7200—7299) LXIII Inter-American Foundation (Parts 7300—7399) LXIV Merit Systems Protection Board (Parts 7400—7499) LXV Department of Housing and Urban Development (Parts 7500— 7599) LXVI National Archives and Records Administration (Parts 7600—7699) LXVII Institute of Museum and Library Services (Parts 7700—7799) LXVIII Commission on Civil Rights (Parts 7800—7899) LXIX Tennessee Valley Authority (Parts 7900—7999) LXX Court Services and Offender Supervision Agency for the District of Columbia (Parts 8000—8099) LXXI Consumer Product Safety Commission (Parts 8100—8199) LXXIII Department of Agriculture (Parts 8300—8399) LXXIV Federal Mine Safety and Health Review Commission (Parts 8400—8499) LXXVI Federal Retirement Thrift Investment Board (Parts 8600—8699) LXXVII Office of Management and Budget (Parts 8700—8799) LXXX Federal Housing Finance Agency (Parts 8700—8799) LXXXII Special Inspector General for Iraq Reconstruction (Parts 9200— 9299)

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XCVII Department of Homeland Security Human Resources Manage- ment System (Department of Homeland Security—Office of Personnel Management) (Parts 9700—9799) XCIX Department of Defense Human Resources Management and Labor Relations Systems (Department of Defense—Office of Personnel Management) (Parts 9900—9999)

Title 6—Domestic Security

I Department of Homeland Security, Office of the Secretary (Parts 0—99)

Title 7—Agriculture

SUBTITLE A—OFFICE OF THE SECRETARY OF AGRICULTURE (PARTS 0—26) SUBTITLE B—REGULATIONS OF THE DEPARTMENT OF AGRICULTURE I Agricultural Marketing Service (Standards, Inspections, Mar- keting Practices), Department of Agriculture (Parts 27—209) II Food and Nutrition Service, Department of Agriculture (Parts 210—299) III Animal and Plant Health Inspection Service, Department of Ag- riculture (Parts 300—399) IV Federal Crop Insurance Corporation, Department of Agriculture (Parts 400—499) V Agricultural Research Service, Department of Agriculture (Parts 500—599) VI Natural Resources Conservation Service, Department of Agri- culture (Parts 600—699) VII Farm Service Agency, Department of Agriculture (Parts 700— 799) VIII Grain Inspection, Packers and Stockyards Administration (Fed- eral Grain Inspection Service), Department of Agriculture (Parts 800—899) IX Agricultural Marketing Service (Marketing Agreements and Or- ders; Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900—999) X Agricultural Marketing Service (Marketing Agreements and Or- ders; Milk), Department of Agriculture (Parts 1000—1199) XI Agricultural Marketing Service (Marketing Agreements and Or- ders; Miscellaneous Commodities), Department of Agriculture (Parts 1200—1299) XIV Commodity Credit Corporation, Department of Agriculture (Parts 1400—1499) XV Foreign Agricultural Service, Department of Agriculture (Parts 1500—1599) XVI Rural Telephone Bank, Department of Agriculture (Parts 1600— 1699) XVII Rural Utilities Service, Department of Agriculture (Parts 1700— 1799)

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XVIII Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service, and Farm Service Agency, Depart- ment of Agriculture (Parts 1800—2099) XX Local Television Loan Guarantee Board (Parts 2200—2299) XXVI Office of Inspector General, Department of Agriculture (Parts 2600—2699) XXVII Office of Information Resources Management, Department of Agriculture (Parts 2700—2799) XXVIII Office of Operations, Department of Agriculture (Parts 2800— 2899) XXIX Office of Energy Policy and New Uses, Department of Agri- culture (Parts 2900—2999) XXX Office of the Chief Financial Officer, Department of Agriculture (Parts 3000—3099) XXXI Office of Environmental Quality, Department of Agriculture (Parts 3100—3199) XXXII Office of Procurement and Property Management, Department of Agriculture (Parts 3200—3299) XXXIII Office of Transportation, Department of Agriculture (Parts 3300—3399) XXXIV National Institute of Food and Agriculture (Parts 3400—3499) XXXV Rural Housing Service, Department of Agriculture (Parts 3500— 3599) XXXVI National Agricultural Statistics Service, Department of Agri- culture (Parts 3600—3699) XXXVII Economic Research Service, Department of Agriculture (Parts 3700—3799) XXXVIII World Agricultural Outlook Board, Department of Agriculture (Parts 3800—3899) XLI [Reserved] XLII Rural Business-Cooperative Service and Rural Utilities Service, Department of Agriculture (Parts 4200—4299) L Rural Business-Cooperative Service, Rurual Housing Service, and Rural Utilities Service, Department of Agriculture (Parts 5000—5099)

Title 8—Aliens and Nationality

I Department of Homeland Security (Immigration and Naturaliza- tion) (Parts 1—499) V Executive Office for Immigration Review, Department of Justice (Parts 1000—1399)

Title 9—Animals and Animal Products

I Animal and Plant Health Inspection Service, Department of Ag- riculture (Parts 1—199) II Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs), Department of Agri- culture (Parts 200—299)

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III Food Safety and Inspection Service, Department of Agriculture (Parts 300—599)

Title 10—Energy

I Nuclear Regulatory Commission (Parts 0—199) II Department of Energy (Parts 200—699) III Department of Energy (Parts 700—999) X Department of Energy (General Provisions) (Parts 1000—1099) XIII Nuclear Waste Technical Review Board (Parts 1303—1399) XVII Defense Nuclear Facilities Safety Board (Parts 1700—1799) XVIII Northeast Interstate Low-Level Radioactive Waste Commission (Parts 1800—1899)

Title 11—Federal Elections

I Federal Election Commission (Parts 1—9099) II Election Assistance Commission (Parts 9400—9499)

Title 12—Banks and Banking

I Comptroller of the Currency, Department of the Treasury (Parts 1—199) II Federal Reserve System (Parts 200—299) III Federal Deposit Insurance Corporation (Parts 300—399) IV Export-Import Bank of the United States (Parts 400—499) V Office of Thrift Supervision, Department of the Treasury (Parts 500—599) VI Farm Credit Administration (Parts 600—699) VII National Credit Union Administration (Parts 700—799) VIII Federal Financing Bank (Parts 800—899) IX Federal Housing Finance Board (Parts 900—999) X Bureau of Consumer Financial Protection (Parts 1000—1099) XI Federal Financial Institutions Examination Council (Parts 1100—1199) XII Federal Housing Finance Agency (Parts 1200—1299) XIII Financial Stability Oversight Council (Parts 1300—1399) XIV Farm Credit System Insurance Corporation (Parts 1400—1499) XV Department of the Treasury (Parts 1500—1599) XVII Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development (Parts 1700—1799) XVIII Community Development Financial Institutions Fund, Depart- ment of the Treasury (Parts 1800—1899)

Title 13—Business Credit and Assistance

I Small Business Administration (Parts 1—199)

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III Economic Development Administration, Department of Com- merce (Parts 300—399) IV Emergency Steel Guarantee Loan Board (Parts 400—499) V Emergency Oil and Gas Guaranteed Loan Board (Parts 500—599)

Title 14—Aeronautics and Space

I Federal Aviation Administration, Department of Transportation (Parts 1—199) II Office of the Secretary, Department of Transportation (Aviation Proceedings) (Parts 200—399) III Commercial Space Transportation, Federal Aviation Adminis- tration, Department of Transportation (Parts 400—499) V National Aeronautics and Space Administration (Parts 1200— 1299) VI Air Transportation System Stabilization (Parts 1300—1399)

Title 15—Commerce and Foreign Trade

SUBTITLE A—OFFICE OF THE SECRETARY OF COMMERCE (PARTS 0— 29) SUBTITLE B—REGULATIONS RELATING TO COMMERCE AND FOREIGN TRADE I Bureau of the Census, Department of Commerce (Parts 30—199) II National Institute of Standards and Technology, Department of Commerce (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399) IV Foreign-Trade Zones Board, Department of Commerce (Parts 400—499) VII Bureau of Industry and Security, Department of Commerce (Parts 700—799) VIII Bureau of Economic Analysis, Department of Commerce (Parts 800—899) IX National Oceanic and Atmospheric Administration, Department of Commerce (Parts 900—999) XI Technology Administration, Department of Commerce (Parts 1100—1199) XIII East-West Foreign Trade Board (Parts 1300—1399) XIV Minority Business Development Agency (Parts 1400—1499) SUBTITLE C—REGULATIONS RELATING TO FOREIGN TRADE AGREE- MENTS XX Office of the United States Trade Representative (Parts 2000— 2099) SUBTITLE D—REGULATIONS RELATING TO TELECOMMUNICATIONS AND INFORMATION XXIII National Telecommunications and Information Administration, Department of Commerce (Parts 2300—2399)

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I Federal Trade Commission (Parts 0—999) II Consumer Product Safety Commission (Parts 1000—1799)

Title 17—Commodity and Securities Exchanges

I Commodity Futures Trading Commission (Parts 1—199) II Securities and Exchange Commission (Parts 200—399) IV Department of the Treasury (Parts 400—499)

Title 18—Conservation of Power and Water Resources

I Federal Energy Regulatory Commission, Department of Energy (Parts 1—399) III Delaware River Basin Commission (Parts 400—499) VI Water Resources Council (Parts 700—799) VIII Susquehanna River Basin Commission (Parts 800—899) XIII Tennessee Valley Authority (Parts 1300—1399)

Title 19—Customs Duties

I U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury (Parts 0—199) II United States International Trade Commission (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399) IV U.S. Immigration and Customs Enforcement, Department of Homeland Security (Parts 400—599)

Title 20—Employees’ Benefits

I Office of Workers’ Compensation Programs, Department of Labor (Parts 1—199) II Railroad Retirement Board (Parts 200—399) III Social Security Administration (Parts 400—499) IV Employees Compensation Appeals Board, Department of Labor (Parts 500—599) V Employment and Training Administration, Department of Labor (Parts 600—699) VI Office of Workers’ Compensation Programs, Department of Labor (Parts 700—799) VII Benefits Review Board, Department of Labor (Parts 800—899) VIII Joint Board for the Enrollment of Actuaries (Parts 900—999) IX Office of the Assistant Secretary for Veterans’ Employment and Training Service, Department of Labor (Parts 1000—1099)

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I Food and Drug Administration, Department of Health and Human Services (Parts 1—1299) II Drug Enforcement Administration, Department of Justice (Parts 1300—1399) III Office of National Drug Control Policy (Parts 1400—1499)

Title 22—Foreign Relations

I Department of State (Parts 1—199) II Agency for International Development (Parts 200—299) III Peace Corps (Parts 300—399) IV International Joint Commission, United States and Canada (Parts 400—499) V Broadcasting Board of Governors (Parts 500—599) VII Overseas Private Investment Corporation (Parts 700—799) IX Foreign Service Grievance Board (Parts 900—999) X Inter-American Foundation (Parts 1000—1099) XI International Boundary and Water Commission, United States and Mexico, United States Section (Parts 1100—1199) XII United States International Development Cooperation Agency (Parts 1200—1299) XIII Millenium Challenge Corporation (Parts 1300—1399) XIV Foreign Service Labor Relations Board; Federal Labor Relations Authority; General Counsel of the Federal Labor Relations Authority; and the Foreign Service Impasse Disputes Panel (Parts 1400—1499) XV African Development Foundation (Parts 1500—1599) XVI Japan-United States Friendship Commission (Parts 1600—1699) XVII United States Institute of Peace (Parts 1700—1799)

Title 23—Highways

I Federal Highway Administration, Department of Transportation (Parts 1—999) II National Highway Traffic Safety Administration and Federal Highway Administration, Department of Transportation (Parts 1200—1299) III National Highway Traffic Safety Administration, Department of Transportation (Parts 1300—1399)

Title 24—Housing and Urban Development

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO HOUSING AND URBAN DE- VELOPMENT I Office of Assistant Secretary for Equal Opportunity, Department of Housing and Urban Development (Parts 100—199)

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II Office of Assistant Secretary for Housing-Federal HousingCommissioner, Department of Housing and Urban De- velopment (Parts 200—299) III Government National Mortgage Association, Department of Housing and Urban Development (Parts 300—399) IV Office of Housing and Office of Multifamily Housing Assistance Restructuring, Department of Housing and Urban Develop- ment (Parts 400—499) V Office of Assistant Secretary for Community Planning and De- velopment, Department of Housing and Urban Development (Parts 500—599) VI Office of Assistant Secretary for Community Planning and De- velopment, Department of Housing and Urban Development (Parts 600—699) [Reserved] VII Office of the Secretary, Department of Housing and Urban Devel- opment (Housing Assistance Programs and Public and Indian Housing Programs) (Parts 700—799) VIII Office of the Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Section 8 Housing Assistance Programs, Section 202 Di- rect Loan Program, Section 202 Supportive Housing for the El- derly Program and Section 811 Supportive Housing for Persons With Disabilities Program) (Parts 800—899) IX Office of Assistant Secretary for Public and Indian Housing, De- partment of Housing and Urban Development (Parts 900—1699) X Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Interstate Land Sales Registration Program) (Parts 1700—1799) XII Office of Inspector General, Department of Housing and Urban Development (Parts 2000—2099) XV Emergency Mortgage Insurance and Loan Programs, Depart- ment of Housing and Urban Development (Parts 2700—2799) XX Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Parts 3200—3899) XXIV Board of Directors of the HOPE for Homeowners Program (Parts 4000—4099) XXV Neighborhood Reinvestment Corporation (Parts 4100—4199)

Title 25—Indians

I Bureau of Indian Affairs, Department of the Interior (Parts 1— 299) II Indian Arts and Crafts Board, Department of the Interior (Parts 300—399) III National Indian Gaming Commission, Department of the Inte- rior (Parts 500—599) IV Office of Navajo and Hopi Indian Relocation (Parts 700—799) V Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services (Part 900)

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VI Office of the Assistant Secretary-Indian Affairs, Department of the Interior (Parts 1000—1199) VII Office of the Special Trustee for American Indians, Department of the Interior (Parts 1200—1299)

Title 26—Internal Revenue

I Internal Revenue Service, Department of the Treasury (Parts 1— 899)

Title 27—Alcohol, Tobacco Products and Firearms

I Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury (Parts 1—399) II Bureau of Alcohol, Tobacco, Firearms, and Explosives, Depart- ment of Justice (Parts 400—699)

Title 28—Judicial Administration

I Department of Justice (Parts 0—299) III Federal Prison Industries, Inc., Department of Justice (Parts 300—399) V Bureau of Prisons, Department of Justice (Parts 500—599) VI Offices of Independent Counsel, Department of Justice (Parts 600—699) VII Office of Independent Counsel (Parts 700—799) VIII Court Services and Offender Supervision Agency for the District of Columbia (Parts 800—899) IX National Crime Prevention and Privacy Compact Council (Parts 900—999) XI Department of Justice and Department of State (Parts 1100— 1199)

Title 29—Labor

SUBTITLE A—OFFICE OF THE SECRETARY OF LABOR (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO LABOR I National Labor Relations Board (Parts 100—199) II Office of Labor-Management Standards, Department of Labor (Parts 200—299) III National Railroad Adjustment Board (Parts 300—399) IV Office of Labor-Management Standards, Department of Labor (Parts 400—499) V Wage and Hour Division, Department of Labor (Parts 500—899) IX Construction Industry Collective Bargaining Commission (Parts 900—999) X National Mediation Board (Parts 1200—1299) XII Federal Mediation and Conciliation Service (Parts 1400—1499) XIV Equal Employment Opportunity Commission (Parts 1600—1699)

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XVII Occupational Safety and Health Administration, Department of Labor (Parts 1900—1999) XX Occupational Safety and Health Review Commission (Parts 2200—2499) XXV Employee Benefits Security Administration, Department of Labor (Parts 2500—2599) XXVII Federal Mine Safety and Health Review Commission (Parts 2700—2799) XL Pension Benefit Guaranty Corporation (Parts 4000—4999)

Title 30—Mineral Resources

I Mine Safety and Health Administration, Department of Labor (Parts 1—199) II Bureau of Ocean Energy Management, Regulation, and Enforce- ment, Department of the Interior (Parts 200—299) IV Geological Survey, Department of the Interior (Parts 400—499) VII Office of Surface Mining Reclamation and Enforcement, Depart- ment of the Interior (Parts 700—999) XII Office of Natural Resources Revenue, Department of the Interior (Parts 1200—1299)

Title 31—Money and Finance: Treasury

SUBTITLE A—OFFICE OF THE SECRETARY OF THE TREASURY (PARTS 0—50) SUBTITLE B—REGULATIONS RELATING TO MONEY AND FINANCE I Monetary Offices, Department of the Treasury (Parts 51—199) II Fiscal Service, Department of the Treasury (Parts 200—399) IV Secret Service, Department of the Treasury (Parts 400—499) V Office of Foreign Assets Control, Department of the Treasury (Parts 500—599) VI Bureau of Engraving and Printing, Department of the Treasury (Parts 600—699) VII Federal Law Enforcement Training Center, Department of the Treasury (Parts 700—799) VIII Office of International Investment, Department of the Treasury (Parts 800—899) IX Federal Claims Collection Standards (Department of the Treas- ury—Department of Justice) (Parts 900—999) X Financial Crimes Enforcement Network, Departmnent of the Treasury (Parts 1000—1099)

Title 32—National Defense

SUBTITLE A—DEPARTMENT OF DEFENSE I Office of the Secretary of Defense (Parts 1—399) V Department of the Army (Parts 400—699) VI Department of the Navy (Parts 700—799)

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VII Department of the Air Force (Parts 800—1099) SUBTITLE B—OTHER REGULATIONS RELATING TO NATIONAL DE- FENSE XII Defense Logistics Agency (Parts 1200—1299) XVI Selective Service System (Parts 1600—1699) XVII Office of the Director of National Intelligence (Parts 1700—1799) XVIII National Counterintelligence Center (Parts 1800—1899) XIX Central Intelligence Agency (Parts 1900—1999) XX Information Security Oversight Office, National Archives and Records Administration (Parts 2000—2099) XXI National Security Council (Parts 2100—2199) XXIV Office of Science and Technology Policy (Parts 2400—2499) XXVII Office for Micronesian Status Negotiations (Parts 2700—2799) XXVIII Office of the Vice President of the United States (Parts 2800— 2899)

Title 33—Navigation and Navigable Waters

I Coast Guard, Department of Homeland Security (Parts 1—199) II Corps of Engineers, Department of the Army (Parts 200—399) IV Saint Lawrence Seaway Development Corporation, Department of Transportation (Parts 400—499)

Title 34—Education

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF EDU- CATION (PARTS 1—99) SUBTITLE B—REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION I Office for Civil Rights, Department of Education (Parts 100—199) II Office of Elementary and Secondary Education, Department of Education (Parts 200—299) III Office of Special Education and Rehabilitative Services, Depart- ment of Education (Parts 300—399) IV Office of Vocational and Adult Education, Department of Edu- cation (Parts 400—499) V Office of Bilingual Education and Minority Languages Affairs, Department of Education (Parts 500—599) VI Office of Postsecondary Education, Department of Education (Parts 600—699) VII Office of Educational Research and Improvmeent, Department of Education [Reserved] XI National Institute for Literacy (Parts 1100—1199) SUBTITLE C—REGULATIONS RELATING TO EDUCATION XII National Council on Disability (Parts 1200—1299)

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Title 36—Parks, Forests, and Public Property

I National Park Service, Department of the Interior (Parts 1—199) II Forest Service, Department of Agriculture (Parts 200—299) III Corps of Engineers, Department of the Army (Parts 300—399) IV American Battle Monuments Commission (Parts 400—499) V Smithsonian Institution (Parts 500—599) VI [Reserved] VII Library of Congress (Parts 700—799) VIII Advisory Council on Historic Preservation (Parts 800—899) IX Pennsylvania Avenue Development Corporation (Parts 900—999) X Presidio Trust (Parts 1000—1099) XI Architectural and Transportation Barriers Compliance Board (Parts 1100—1199) XII National Archives and Records Administration (Parts 1200—1299) XV Oklahoma City National Memorial Trust (Parts 1500—1599) XVI Morris K. Udall Scholarship and Excellence in National Environ- mental Policy Foundation (Parts 1600—1699)

Title 37—Patents, Trademarks, and Copyrights

I United States Patent and Trademark Office, Department of Commerce (Parts 1—199) II Copyright Office, Library of Congress (Parts 200—299) III Copyright Royalty Board, Library of Congress (Parts 301—399) IV Assistant Secretary for Technology Policy, Department of Com- merce (Parts 400—499) V Under Secretary for Technology, Department of Commerce (Parts 500—599)

Title 38—Pensions, Bonuses, and Veterans’ Relief

I Department of Veterans Affairs (Parts 0—99) II Armed Forces Retirement Home

Title 39—Postal Service

I United States Postal Service (Parts 1—999) III Postal Regulatory Commission (Parts 3000—3099)

Title 40—Protection of Environment

I Environmental Protection Agency (Parts 1—1099) IV Environmental Protection Agency and Department of Justice (Parts 1400—1499) V Council on Environmental Quality (Parts 1500—1599)

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VI Chemical Safety and Hazard Investigation Board (Parts 1600— 1699) VII Environmental Protection Agency and Department of Defense; Uniform National Discharge Standards for Vessels of the Armed Forces (Parts 1700—1799)

Title 41—Public Contracts and Property Management

SUBTITLE B—OTHER PROVISIONS RELATING TO PUBLIC CONTRACTS 50 Public Contracts, Department of Labor (Parts 50–1—50–999) 51 Committee for Purchase From People Who Are Blind or Severely Disabled (Parts 51–1—51–99) 60 Office of Federal Contract Compliance Programs, Equal Employ- ment Opportunity, Department of Labor (Parts 60–1—60–999) 61 Office of the Assistant Secretary for Veterans’ Employment and Training Service, Department of Labor (Parts 61–1—61–999) 62—100 [Reserved] SUBTITLE C—FEDERAL PROPERTY MANAGEMENT REGULATIONS SYSTEM 101 Federal Property Management Regulations (Parts 101–1—101–99) 102 Federal Management Regulation (Parts 102–1—102–299) 103—104 [Reserved] 105 General Services Administration (Parts 105–1—105–999) 109 Department of Energy Property Management Regulations (Parts 109–1—109–99) 114 Department of the Interior (Parts 114–1—114–99) 115 Environmental Protection Agency (Parts 115–1—115–99) 128 Department of Justice (Parts 128–1—128–99) 129—200 [Reserved] SUBTITLE D—OTHER PROVISIONS RELATING TO PROPERTY MANAGE- MENT [RESERVED] SUBTITLE E—FEDERAL INFORMATION RESOURCES MANAGEMENT REGULATIONS SYSTEM [RESERVED] SUBTITLE F—FEDERAL TRAVEL REGULATION SYSTEM 300 General (Parts 300–1—300–99) 301 Temporary Duty (TDY) Travel Allowances (Parts 301–1—301–99) 302 Relocation Allowances (Parts 302–1—302–99) 303 Payment of Expenses Connected with the Death of Certain Em- ployees (Part 303–1—303–99) 304 Payment of Travel Expenses from a Non-Federal Source (Parts 304–1—304–99)

Title 42—Public Health

I Public Health Service, Department of Health and Human Serv- ices (Parts 1—199) IV Centers for Medicare & Medicaid Services, Department of Health and Human Services (Parts 400—499)

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V Office of Inspector General-Health Care, Department of Health and Human Services (Parts 1000—1999)

Title 43—Public Lands: Interior

SUBTITLE A—OFFICE OF THE SECRETARY OF THE INTERIOR (PARTS 1—199) SUBTITLE B—REGULATIONS RELATING TO PUBLIC LANDS I Bureau of Reclamation, Department of the Interior (Parts 200— 499) II Bureau of Land Management, Department of the Interior (Parts 1000—9999) III Utah Reclamation Mitigation and Conservation Commission (Parts 10000—10099)

Title 44—Emergency Management and Assistance

I Federal Emergency Management Agency, Department of Home- land Security (Parts 0—399) IV Department of Commerce and Department of Transportation (Parts 400—499)

Title 45—Public Welfare

SUBTITLE A—DEPARTMENT OF HEALTH AND HUMAN SERVICES (PARTS 1—199) SUBTITLE B—REGULATIONS RELATING TO PUBLIC WELFARE II Office of Family Assistance (Assistance Programs), Administra- tion for Children and Families, Department of Health and Human Services (Parts 200—299) III Office of Child Support Enforcement (Child Support Enforce- ment Program), Administration for Children and Families, Department of Health and Human Services (Parts 300—399) IV Office of Refugee Resettlement, Administration for Children and Families, Department of Health and Human Services (Parts 400—499) V Foreign Claims Settlement Commission of the United States, Department of Justice (Parts 500—599) VI National Science Foundation (Parts 600—699) VII Commission on Civil Rights (Parts 700—799) VIII Office of Personnel Management (Parts 800—899) [Reserved] X Office of Community Services, Administration for Children and Families, Department of Health and Human Services (Parts 1000—1099) XI National Foundation on the Arts and the Humanities (Parts 1100—1199) XII Corporation for National and Community Service (Parts 1200— 1299) XIII Office of Human Development Services, Department of Health and Human Services (Parts 1300—1399)

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XVI Legal Services Corporation (Parts 1600—1699) XVII National Commission on Libraries and Information Science (Parts 1700—1799) XVIII Harry S. Truman Scholarship Foundation (Parts 1800—1899) XXI Commission on Fine Arts (Parts 2100—2199) XXIII Arctic Research Commission (Part 2301) XXIV James Madison Memorial Fellowship Foundation (Parts 2400— 2499) XXV Corporation for National and Community Service (Parts 2500— 2599)

Title 46—Shipping

I Coast Guard, Department of Homeland Security (Parts 1—199) II Maritime Administration, Department of Transportation (Parts 200—399) III Coast Guard (Great Lakes Pilotage), Department of Homeland Security (Parts 400—499) IV Federal Maritime Commission (Parts 500—599)

Title 47—Telecommunication

I Federal Communications Commission (Parts 0—199) II Office of Science and Technology Policy and National Security Council (Parts 200—299) III National Telecommunications and Information Administration, Department of Commerce (Parts 300—399) IV National Telecommunications and Information Administration, Department of Commerce, and National Highway Traffic Safe- ty Administration, Department of Transportation (Parts 400— 499)

Title 48—Federal Acquisition Regulations System

1 Federal Acquisition Regulation (Parts 1—99) 2 Defense Acquisition Regulations System, Department of Defense (Parts 200—299) 3 Health and Human Services (Parts 300—399) 4 Department of Agriculture (Parts 400—499) 5 General Services Administration (Parts 500—599) 6 Department of State (Parts 600—699) 7 Agency for International Development (Parts 700—799) 8 Department of Veterans Affairs (Parts 800—899) 9 Department of Energy (Parts 900—999) 10 Department of the Treasury (Parts 1000—1099) 12 Department of Transportation (Parts 1200—1299) 13 Department of Commerce (Parts 1300—1399) 14 Department of the Interior (Parts 1400—1499)

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15 Environmental Protection Agency (Parts 1500—1599) 16 Office of Personnel Management, Federal Employees Health Benefits Acquisition Regulation (Parts 1600—1699) 17 Office of Personnel Management (Parts 1700—1799) 18 National Aeronautics and Space Administration (Parts 1800— 1899) 19 Broadcasting Board of Governors (Parts 1900—1999) 20 Nuclear Regulatory Commission (Parts 2000—2099) 21 Office of Personnel Management, Federal Employees Group Life Insurance Federal Acquisition Regulation (Parts 2100—2199) 23 Social Security Administration (Parts 2300—2399) 24 Department of Housing and Urban Development (Parts 2400— 2499) 25 National Science Foundation (Parts 2500—2599) 28 Department of Justice (Parts 2800—2899) 29 Department of Labor (Parts 2900—2999) 30 Department of Homeland Security, Homeland Security Acquisi- tion Regulation (HSAR) (Parts 3000—3099) 34 Department of Education Acquisition Regulation (Parts 3400— 3499) 51 Department of the Army Acquisition Regulations (Parts 5100— 5199) 52 Department of the Navy Acquisition Regulations (Parts 5200— 5299) 53 Department of the Air Force Federal Acquisition Regulation Supplement [Reserved] 54 Defense Logistics Agency, Department of Defense (Parts 5400— 5499) 57 African Development Foundation (Parts 5700—5799) 61 Civilian Board of Contract Appeals, General Services Adminis- tration (Parts 6100—6199) 63 Department of Transportation Board of Contract Appeals (Parts 6300—6399) 99 Cost Accounting Standards Board, Office of Federal Procure- ment Policy, Office of Management and Budget (Parts 9900— 9999)

Title 49—Transportation

SUBTITLE A—OFFICE OF THE SECRETARY OF TRANSPORTATION (PARTS 1—99) SUBTITLE B—OTHER REGULATIONS RELATING TO TRANSPORTATION I Pipeline and Hazardous Materials Safety Administration, De- partment of Transportation (Parts 100—199) II Federal Railroad Administration, Department of Transportation (Parts 200—299) III Federal Motor Carrier Safety Administration, Department of Transportation (Parts 300—399) IV Coast Guard, Department of Homeland Security (Parts 400—499)

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V National Highway Traffic Safety Administration, Department of Transportation (Parts 500—599) VI Federal Transit Administration, Department of Transportation (Parts 600—699) VII National Railroad Passenger Corporation (AMTRAK) (Parts 700—799) VIII National Transportation Safety Board (Parts 800—999) X Surface Transportation Board, Department of Transportation (Parts 1000—1399) XI Research and Innovative Technology Administration, Depart- ment of Transportation [Reserved] XII Transportation Security Administration, Department of Home- land Security (Parts 1500—1699)

Title 50—Wildlife and Fisheries

I United States Fish and Wildlife Service, Department of the Inte- rior (Parts 1—199) II National Marine Fisheries Service, National Oceanic and Atmos- pheric Administration, Department of Commerce (Parts 200— 299) III International Fishing and Related Activities (Parts 300—399) IV Joint Regulations (United States Fish and Wildlife Service, De- partment of the Interior and National Marine Fisheries Serv- ice, National Oceanic and Atmospheric Administration, De- partment of Commerce); Endangered Species Committee Reg- ulations (Parts 400—499) V Marine Mammal Commission (Parts 500—599) VI Fishery Conservation and Management, National Oceanic and Atmospheric Administration, Department of Commerce (Parts 600—699)

CFR Index and Finding Aids

Subject/Agency Index List of Agency Prepared Indexes Parallel Tables of Statutory Authorities and Rules List of CFR Titles, Chapters, Subchapters, and Parts Alphabetical List of Agencies Appearing in the CFR

505

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CFR Title, Subtitle or Agency Chapter Administrative Committee of the Federal Register 1, I Administrative Conference of the United States 1, III Advanced Research Projects Agency 32, I Advisory Council on Historic Preservation 36, VIII African Development Foundation 22, XV Federal Acquisition Regulation 48, 57 Agency for International Development 22, II Federal Acquisition Regulation 48, 7 Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Agriculture Department 2, IV; 5, LXXIII Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Animal and Plant Health Inspection Service 7, III; 9, I Chief Financial Officer, Office of 7, XXX Commodity Credit Corporation 7, XIV Economic Research Service 7, XXXVII Energy Policy and New Uses, Office of 2, IX; 7, XXIX Environmental Quality, Office of 7, XXXI Farm Service Agency 7, VII, XVIII Federal Acquisition Regulation 48, 4 Federal Crop Insurance Corporation 7, IV Food and Nutrition Service 7, II Food Safety and Inspection Service 9, III Foreign Agricultural Service 7, XV Forest Service 36, II Grain Inspection, Packers and Stockyards Administration 7, VIII; 9, II Information Resources Management, Office of 7, XXVII Inspector General, Office of 7, XXVI National Agricultural Library 7, XLI National Agricultural Statistics Service 7, XXXVI National Institute of Food and Agriculture. 7, XXXIV Natural Resources Conservation Service 7, VI Operations, Office of 7, XXVIII Procurement and Property Management, Office of 7, XXXII Rural Business-Cooperative Service 7, XVIII, XLII, L Rural Development Administration 7, XLII Rural Housing Service 7, XVIII, XXXV, L Rural Telephone Bank 7, XVI Rural Utilities Service 7, XVII, XVIII, XLII, L Secretary of Agriculture, Office of 7, Subtitle A Transportation, Office of 7, XXXIII World Agricultural Outlook Board 7, XXXVIII Air Force Department 32, VII Federal Acquisition Regulation Supplement 48, 53 Air Transportation Stabilization Board 14, VI Alcohol and Tobacco Tax and Trade Bureau 27, I Alcohol, Tobacco, Firearms, and Explosives, Bureau of 27, II AMTRAK 49, VII American Battle Monuments Commission 36, IV American Indians, Office of the Special Trustee 25, VII Animal and Plant Health Inspection Service 7, III; 9, I Appalachian Regional Commission 5, IX

507

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508

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510

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511

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512

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513

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514

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515

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VerDate Mar<15>2010 13:21 Nov 01, 2011 Jkt 223193 PO 00000 Frm 00526 Fmt 8092 Sfmt 8092 Q:\46\46V1.TXT ofr150 PsN: PC150 List of CFR Sections Affected All changes in this volume of the Code of Federal Regulations that were made by documents published in the FEDERAL REGISTER since Jan- uary 1, 2001, are enumerated in the following list. Entries indicate the nature of the changes effected. Page numbers refer to FEDERAL REGISTER pages. The user should consult the entries for chapters and parts as well as sections for revisions. For the period before January 1, 2001, see the ‘‘List of CFR Sections Affected, 1949–1963, 1964–1972, 1973–1985, and 1986–2000’’ published in 11 separate volumes.

2001 46 CFR—Continued 66 FR Page 46 CFR 66 FR Chapter I—Continued Page 10.463 (a), (b) and (c) redesignated Chapter I as (b), (c) and (d); new (a) added; 1 Authority citation revised ...... 31844 new (c) and (d) revised; in- 1.01–10 (b)(1) introductory text, terim...... 20936 (1)(ii)(A) and (D) amended; 10.464 (a), (b), (d) and (g) revised; (b)(1)(iii) redesignated as (h) added; interim ...... 20937 (b)(1)(iv); new (b)(1)(iii) 10.465 (b) removed; (c) through (g) added...... 48619 redesignated as (b) through (f); (a) and new (e) revised; in- 1.03–15 (a) revised; (h)(5) added ...... 31844 terim...... 20940 Regulation at 66 FR 31844 con- 10.466 (a) revised; interim...... 20942 firmed...... 44985 10.903 (a)(18)(iii) added; (c)(7) re- 1.03–50 Added ...... 31844 moved; (c)(8) through (19) re- Regulation at 66 FR 31844 con- designated as (c)(7) through firmed...... 44985 (18); interim...... 20944 4 Policy statement ...... 41955 10.910 Table amended...... 48619 4.06–1 (f) removed...... 42967 12.02–13 (c) amended...... 48619 4.06–20 (b) amended ...... 42967 15 Policy statement ...... 9673 4.06–40 (b) amended ...... 42967 Technical correction ...... 24183 4.06–50 (b) amended ...... 42967 15.610 Revised; interim ...... 20944 5 Policy statement ...... 41955 15.805 (a)(5) revised; interim...... 20944 5.569 Table amended ...... 42967 15.810 (d) revised; interim...... 20944 10 Policy statement ...... 9673 15.910 Revised; interim ...... 20944 Technical correction ...... 24183 16 Policy statement...... 41955 10.103 Amended; interim ...... 20935 16.105 Amended...... 42967 16.107 Added ...... 42967 10.112 (b) amended...... 48619 16.109 Added ...... 42968 10.205 (g)(3) revised; interim...... 20935 16.113 Added ...... 42968 10.209 (c)(6) revised; (c)(7) re- 16.115 Added ...... 42968 moved; interim...... 20935 16.201 (a), (c) and (e) revised; (f) 10.210 Added; interim...... 20935 added...... 42968 10.223 (d) added; interim...... 20936 16.203 Added ...... 42968 10.304 (h)(5), (6) and (7) amended; 16.207 Removed...... 42968 interim...... 20936 16.260 (a) revised ...... 42968 10.412 (a) amended; interim ...... 20936 16.301—16.370 (Subpart C) Re- 10.414 (a) amended; interim ...... 20936 moved ...... 42968

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46 CFR—Continued 66 FR 46 CFR—Continued 67 FR Page Page Chapter I—Continued Chapter I—Continued 25.10–1—25.10–3 (Subpart 25.10) 12.35–1—12.35–5 (Subpart 12.35) Added; eff. 11–1–02 ...... 55092 Added; interim ...... 66069 25.01–3 (b) amended; eff. 11–1– 14.103 (a) and (b) amended...... 61278 02...... 55091 14.307 (a) amended...... 61278 28.225 (a)(1) amended...... 48619 15 Authority citation revised...... 34767 28.275 (a) amended...... 48619 15.301 (a) amended...... 34767 30.01–6 (a)(2)(iii) added ...... 48619 15.605 Revised ...... 34767 32.53–5 Revised ...... 48619 35.20–1 (a) and (c) amended ...... 48619 15.705 (f) added ...... 34767 15.805 (a)(6) added...... 34767 15.855 (c) added...... 34767 2002 15.905 Revised ...... 34767 46 CFR 67 FR 15.1103 (e), (f) and (g) redesignated Page as (f), (g) and (h); new (e) added; Chapter I heading, (d), new (g) and (h) re- 2 Authority citation revised ...... 34760 vised; interim ...... 66069 2.01–7 (a) table redesignated and 24 Authority citation revised...... 34768 revised ...... 34760 24.05–1 (a) introductory text and 2.01–45 Revised ...... 34767 table revised...... 34768 10 Authority citation revised...... 34767 24.10–1 (Subpart 24.10) Revised ...... 34775 10.102 (b) revised; interim...... 66067 25 Authority citation revised...... 34775 10.103 Amended; interim ...... 66067 25.01–3 Regulation at 66 FR 55091 10.105 Amended...... 61278 eff. date delayed to 11–1–03 ...... 2329 10.205 (l)(1), (2) and (3) amended; 25.10 Regulation at 66 FR 55092 eff. interim...... 66067 date delayed to 11–1–03...... 2329 10.304 (f) amended; interim...... 66068 10.407 (a)(2)(iv) amended ...... 64315 25.25–5 (d) revised...... 34775 Regulation at 67 FR 64315 con- 25.25–17 Added ...... 34776 firmed...... 79881 25.25–19 Added ...... 34776 10.467 Heading revised...... 34767 25.26–10 Revised ...... 34776 10.603 (c) amended; interim ...... 66068 25.30–20 (b) and (c) redesignated as 10.901 (c) amended; interim ...... 66068 (c) and (d); new (b) added...... 34776 10.903 (c) and (d) amended; in- 26 Authority citation revised...... 34776 terim...... 66068 26.03–1 (a) introductory text re- 10.1005 Amended; interim ...... 66068 vised...... 34776 10.1101—10.1105 (Subpart K) 26.03–2 (a) revised...... 34776 Added; interim ...... 66068 26.03–4 Added ...... 34776 12.01–1 Amended; interim ...... 66068 26.03–5 Removed ...... 34776 12.01–3 Revised; interim...... 66068 26.03–6 Added ...... 34776 12.01–6 Amended; interim ...... 66068 26.03–8 Revised ...... 34776 12.02–7 (d) amended; interim ...... 66068 Technical correction ...... 72100 12.02–11 (h)(1) amended; in- 26.03–9 Added ...... 34777 terim...... 66068 26.20–1 (Subpart 26.20) Heading re- 12.03–1 (a)(8) amended; interim...... 66068 vised...... 34777 12.05–3 (b)(1) amended; interim...... 66068 12.05–7 (a)(5) amended; interim...... 66068 26.20–1 Revised ...... 34777 12.05–9 (c) amended ...... 61278 28.120 (a) and (c) tables amend- 12.05–11 (a) amended; interim ...... 66068 ed ...... 61278 12.10–3 Amended; interim ...... 66068 28.140 (b), (c) and Table 28.140 re- 12.10–5 (d) amended; interim ...... 66068 vised...... 58540 12.10–7 Amended; interim ...... 66069 28.270 (a)(4) amended...... 61278 12.10–9 (b)(2) amended; interim...... 66069 30 Authority citation revised...... 34777 12.15–3 (d)(1) amended; interim...... 66069 30.01–5 (d) revised; (d) table redes- 12.15–7 Amended; interim ...... 66069 ignated...... 34777 12.25–10 (a) and (b) amended...... 61278 32.22T—32.22T–5 (Subpart 32.22T) 12.25–45 Amended; interim ...... 66069 removed; eff. 10–17–02 ...... 58524 12.30–5 Amended; interim ...... 66069 34.50–10 (e) revised ...... 66069

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2003 46 CFR—Continued 68 FR Page 46 CFR 68 FR Chapter I—Continued Page 10.903 (a)(18)(ii) removed; Chapter I (a)(18)(iii) and (c)(7) through Chapter I Heading corrected ...... 16953 (c)(18) redesignated as 1 Authority citation revised...... 9535 (a)(18)(ii) and (c)(8) through 1.01–10 (b)(1) and (2) amended ...... 9535 (c)(19); new (c)(7) added...... 35817 1.03–10—1.03–50 (Subpart 1.03) Au- 15 Authority citation revised...... 35818 thority citation added ...... 37093 15.610 (b)(1)(ii) amended; (d) 1.03–15 (h)(5) revised...... 37093 added...... 35818 Regulation at 68 FR 37093 eff. 25 Authority citation revised...... 22611 date confirmed...... 51499 25.30–10 Heading and (c) revised; interim...... 22611 1.03–50 Revised ...... 37093 25.30–15 Revised; interim ...... 22611 Regulation at 68 FR 37093 eff. 27 Revised; interim...... 22611 date confirmed...... 51499 28 Authority citation revised...... 42602 2 Authority citation revised ...... 39314 28.50 Amended ...... 42602 Authority citation correctly re- 31 Authority citation revised...... 39314 vised ...... 41915 Authority citation correctly re- 2.01–25 (a)(1)(viii) added; interim; vised ...... 41915 eff. to 11–25–03 ...... 39314 31.05–1 (a) revised; interim ...... 39314 Regulation at 68 FR 39314 con- Regulation at 68 FR 39314 confirmed; (a)(2)(viii) added...... 60515 firmed...... 60512 Regulation at 68 FR 60515 eff. date corrected...... 62501 2004 7 Authority citation revised ...... 42602 7.5 (a) amended ...... 42602 46 CFR 69 FR Page 7.105 Revised ...... 42602 Title 46 Nomenclature change ...... 18803 10 Authority citation revised...... 35810 Chapter I 10.403 Illustration revised...... 35810 1 Authority citation revised ...... 58341 10.463 (a), (b)(2) and (7) removed; 1.01–25 (b) and (c)(1) amended ...... 58341 (b) introductory text, (1), (3) 1.01–35 (b) amended ...... 58341 through (6), (8), (c) and (d) re- 2 Authority citation revised ...... 58341 designated as (a) introductory 2.01–5 (c) amended...... 58341 text, (1) through (6), (b) and (c); 2.01–10 (b) amended ...... 58341 new (b) amended ...... 35812 2.01–15 (a)(2) and (b) introductory 10.464 (b) and Table 10.464–3 re- text amended...... 58341 moved; (c) through (f), (g) in- 2.01–20 Amended ...... 58341 troductory text, (1), (2) intro- 2.01–25 (a)(3) revised...... 58341 ductory text, (i), (ii), (h) intro- 2.10–101 (b) amended ...... 58341 ductory text, (1) introductory 2.10–115 (a) amended ...... 58341 text, (i), (ii), (iii), (2) introduc- 2.20–40 (c) introductory text re- tory text, (i) and (ii) redesig- vised...... 58341 nated as (b) through (e), (f)(1), 2.20–50 Amended ...... 58341 (2) introductory text, (i), (ii), 2.75–1 (c) amended; (f) revised...... 58341 (g) introductory text (1) intro- 2.75–5 (a) and (b) amended...... 58341 ductory text, (i), (ii), (iii), (2) 2.75–50 (c) amended ...... 58341 introductory text, (i) and (ii); 2.85–1 Amended...... 58341 new (f)(2)(ii) amended; (a), 3 Authority citation revised ...... 58341 Table 10.464–1, new (b) and 4 Authority citation revised ...... 58341 Table 10.464–2 revised; (f)(3) 4.23–1 Amended...... 58341 added...... 35812 4.40–30 (b) amended ...... 58341 10.465 (a) amended; Table 10.465–2 5 Authority citation revised ...... 58341 and (d) removed; (e) and (f) re- 5.19 (b) amended...... 58341 designated as (d) and (e); Table 5.33 Amended...... 58342 10.465–1 and new (e) revised; 5.707 (b) revised...... 58342 new (f) added...... 35814 5.803 Amended ...... 58342 10.466 Table 10.466–1 revised...... 35816 5.805 (a) amended ...... 58342

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46 CFR—Continued 69 FR 46 CFR—Continued 69 FR Page Page Chapter I—Continued Chapter I—Continued 6 Authority citation revised ...... 58342 12.01–3 Regulation at 67 FR 66068 6.01 (b) and (d) amended...... 58342 confirmed...... 32466 6.06 (c) introductory text amend- 12.01–6 Amended; interim ...... 531 ed ...... 58342 Regulation at 67 FR 66068 con- 7 Authority citation revised ...... 58342 firmed...... 32466 8 Authority citation revised ...... 58342 12.01–7 Revised; interim...... 531 8.320 (b)(9) amended ...... 58342 Regulation at 67 FR 66068 con- 8.450 (c) and (d) amended ...... 58342 firmed...... 32466 9 Authority citation amended ...... 58342 12.01–9 (b)(1) amended ...... 58343 10 Authority citation amend- 12.02–3 (a) and (b)(3) amended ...... 58343 ed ...... 58342 (b)(3) revised ...... 68089 10.102 Regulation at 67 FR 66067 12.02–4 Heading, (a), (c) introduc- confirmed...... 32466 tory text and (1) revised; in- (b) amended ...... 58342 terim...... 531 10.103 Regulation at 67 FR 66067 (c)(1)(ii) and (6) amended ...... 58343 confirmed...... 32466 12.02–5 (b) amended; interim ...... 532 10.107 (b) amended ...... 58342 12.02–9 (a) amended; (g) and (h) re- 10.205 Regulation at 67 FR 66067 vised; interim ...... 532 confirmed...... 32466 12.02–10 Amended...... 58343 (d)(4), (f)(3), (l), (m)(1), (n)(1) and 12.02–11 Regulation at 67 FR 66068 (o) amended ...... 58342 confirmed...... 32466 10.209 (e)(3)(i) introductory text (d)(1), (2) and (e)(1) amended...... 58343 amended...... 58342 12.02–12 Added; interim...... 532 10.302 (a) amended ...... 58342 12.02–13 (b) and (c) revised; in- 10.303 (f) introductory text terim...... 532 amended...... 58342 (b)(8) amended ...... 58343 10.304 Regulation at 67 FR 66068 12.02–17 (c) heading, introductory confirmed...... 32466 text, (2) and (d) revised; (c)(3) (h)(7) and (8) amended...... 58342 removed; (h) added; interim ...... 532 10.306 Removed...... 58342 12.02–23 (e) revised; (g) added; in- 10.307 Amended...... 58342 terim...... 532 10.309 (a)(11) amended ...... 58342 (d) revised ...... 58343 10.603 Regulation at 67 FR 66068 12.02–24 Revised; interim ...... 532 confirmed...... 32466 12.02–27 (a) introductory text, (1), 10.805 (b) amended ...... 58342 (2), (3), (e)(3)(i)(A) and (B) re- (f) amended ...... 68089 vised; (e)(3)(i)(C) and (D) redes- 10.811 Removed...... 58342 ignated as (e)(3)(i)(D) and (E); 10.901 Regulation at 67 FR 66068 new (e)(3)(i)(C) and (5) added; confirmed...... 32466 interim...... 533 (c) introductory text amended...... 58342 12.02–29 Removed...... 58343 10.903 Regulation at 67 FR 66068 12.03–1 Regulation at 67 FR 66068 confirmed...... 32466 confirmed...... 32466 (c) introductory text revised ...... 58342 (a)(11) and (c)(2) amended ...... 58343 10.1005 Regulation at 67 FR 66068 12.05–3 Regulation at 67 FR 66068 confirmed...... 32466 confirmed...... 32466 10.1101—10.1105 (Subpart K) Regu- 12.05–7 Regulation at 67 FR 66068 lation at 67 FR 66068 con- confirmed...... 32466 firmed ...... 32466 12.05–9 (C-1) and (d) redesignated 12 Authority citation revised...... 531, as (d) and (e)...... 58343 58343 12.05–11 Regulation at 67 FR 66068 Technical correction ...... 6575 confirmed...... 32466 12.01–1 Heading and (a)(1) revised; 12.10–3 Regulation at 67 FR 66068 (a)(2) amended; (a)(3) and (c) confirmed...... 32466 added; interim ...... 531 (a)(5) amended ...... 58343 Regulation at 67 FR 66068 con- 12.10–5 Regulation at 67 FR 66068 firmed...... 32466 confirmed...... 32466

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46 CFR—Continued 69 FR 46 CFR—Continued 69 FR Page Page Chapter I—Continued Chapter I—Continued 12.10–7 Regulation at 67 FR 66069 27 Revised ...... 34069 confirmed...... 32466 Authority citation revised ...... 58344 12.10–9 Regulation at 67 FR 66069 28 Authority citation revised...... 58344 confirmed...... 32466 28.20 (b) amended ...... 58344 (a) amended ...... 58343 28.30 (a) amended ...... 58344, 68089 12.13–1 Amended ...... 58343 28.50 Amended ...... 58344 12.15–3 Regulation at 67 FR 66069 28.65 (c) amended ...... 58344 confirmed...... 32466 28.70 (b) revised...... 58344 12.15–5 (c) amended ...... 58343, 68089 28.140 Table amended...... 58344 12.15–7 Regulation at 67 FR 66069 28.275 (a) introductory text, (2)(ii) confirmed...... 32466 and (3)(ii) amended; Note 1 re- 12.25–20 Amended...... 58343 moved ...... 58344 12.25–45 Regulation at 67 FR 66069 28.300 Revised ...... 58344 confirmed...... 32466 28.515 (b) amended ...... 58344 12.30–5 Regulation at 67 FR 66069 28.575 (b) amended ...... 58344 confirmed...... 32466 28.825 (b)(2)(ii) amended...... 58344 12.35–1—12.35–5 (Subpart 12.35) 30 Authority citation revised...... 58344 Regulation at 67 FR 66069 con- 30.01–2 (b) amended ...... 58345 firmed ...... 32466 30.15–1 (a) amended ...... 58345, 68089 13 Authority citation revised...... 58343 30.30–11 (b) amended...... 58345, 68089 13.105 (b)(1) and (2) amended ...... 58343 31 Authority citation revised...... 58345 13.113 Removed...... 58343 31.01–3 (b) amended ...... 58345 13.115 Removed...... 58343 34 Authority citation revised...... 58345 13.117 Removed...... 58343 35 Authority citation revised...... 58345 15 Authority citation revised...... 58343 35.30–35 (a)(2) revised ...... 58345 15.102 (b)(1) amended...... 58343 36 Authority citation revised...... 58345 38 Authority citation revised...... 58345 15.103 (d) amended ...... 58343 39 Authority citation revised...... 58345 15.105 (b) amended ...... 58343 39.10–13 (c) and (d) amended...... 58345 15.515 (a) amended ...... 58343 15.705 (a) amended ...... 58343 15.710 Introductory text amend- 2005 ed ...... 58343 46 CFR 70 FR 15.812 (c) introductory text Page amended...... 58343 Chapter I 15.815 (c) revised ...... 58343 1—199 (Ch. I) Nomenclature 15.1030 Note added...... 58344 changes ...... 75734 15.1103 Regulation at 67 FR 66069 3.03–1 Amended...... 57183 confirmed...... 32466 4 Authority citation revised ...... 74675, (b) amended ...... 58344 75960 15.1105 (d) removed; (e) redesig- 4.03-1 Revised ...... 74675 nated as (d) ...... 58344 4.03-60 Added ...... 74676 16 Authority citation revised ...... 6577, 4.03-65 Added ...... 74676 58344 4.03-70 Added ...... 74676 16.105 Amended ...... 6577 4.05-1 (a)(2) amended; (a)(8) and 16.500 (a), (b)(1) and (2) revised; (d) (c) added ...... 74676 removed...... 6578 4.05-2 Added...... 74676 16 Appendix B removed...... 6578 4.06–1 (b) amended; (c) and (d) re- 24 Authority citation revised...... 58344 vised...... 75960 25 Authority citation revised...... 34068, 4.06–3 Added ...... 75960 58344 4.06–5 Revised ...... 75961 25.01–5 (b) amended ...... 58344 4.06–10 Removed ...... 75961 25.30–10 Heading, (c) and Table 4.06–15 Added ...... 75961 25.30–10(C) revised...... 34068 4.06–20 Revised ...... 75961 25.30–15 Revised ...... 34069 4.06–70 Added ...... 75961 26 Authority citation revised...... 58344 10.201 (c) amended...... 57183 26.03–8 (a) amended ...... 58344 10.467 (b) amended...... 57183

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2006 46 CFR—Continued 72 FR Page 46 CFR 71 FR Chapter I—Continued Page 1.03–45 Redesignated as 1.03–40; Chapter I new 1.03–45 added ...... 7930 1.01-05 (c) added ...... 35818 2.01–1 (a)(1) amended...... 36329 1.01-10 (b) introductory text re- 2.01–3 (b) amended...... 36329 vised...... 35818 4.05–1 (a) amended...... 36330 1.01-15 (a) revised; (b) amended...... 35818 4.05–10 (a) amended ...... 36330 (b) Note removed; (c) redesig- 5.807 Amended ...... 36330 nated as (d); new (c) added; 10.102 Redesignated as 10.103; new heading and new (d) revised ...... 48482 10.102 added ...... 7931 (c) correctly amended ...... 54768 10.103 Redesignated as 10.104...... 7931 (a) correctly revised ...... 60066 10.104 Redesignated from 1.01-25 (b) revised ...... 35818 10.103...... 7931 1.03-15 (h)(3) and (4) revised ...... 48482 10.113 Added ...... 3587 1.03-20 Revised...... 35818 10.205 (g)(3) and (h) introductory 1.03-45 Revised...... 48482 text revised ...... 53964 4.04–3 OMB number ...... 55745 10.209 (e)(3)(i) amended ...... 53964 4.04–5 OMB number ...... 55745 10.219 (a) amended...... 53964 5 Technical correction...... 54768 10.304 (a) amended...... 53964 5.11 Added ...... 48482 10.307 Amended...... 53964 10.309 (a)(11) amended ...... 53964 5.15 Revised ...... 48482 10.805 (e) amended...... 53964 10 Authority citation revised ...... 2165 12 Authority citation revised ...... 3588 10.103 Amended; interim ...... 2165 12.01–11 Added ...... 3588 Amended ...... 48482 12.40–1—12.40–15 (Subpart 12.40) 10.105 Revised; interim...... 2165 Added; interim ...... 20284 (a) revised ...... 48482 14.311 (a) amended...... 53964 (a) correctly amended ...... 54769 15 Authority citation revised ...... 3588, 10.201 (a), (b), (h) introductory 20286 text and (1) revised; interim...... 2166 15.415 Added ...... 3588 10.202 (m) added; interim ...... 2166 15.530 Added; interim...... 20286 10.205 (a) and (c) revised; in- 15.850 Revised ...... 53964 terim ...... 2166 16.500 (b)(2) amended...... 36330 10.207 (a) revised; interim ...... 2166 25.26–1 Amended ...... 53964 10.209 (a)(2) and (e)(3)(i) introduc- 28.50 Amended ...... 36330 tory text revised; interim ...... 2166 31.10–5 (a) introductory text and 12 Technical correction ...... 54768 (1) amended ...... 53964 12.01-6 Amended ...... 48482 31.10–16 (e) amended...... 53964 12.01-7 Revised...... 48482 39.10–3 Amended ...... 53965 12.02-3 (a) revised ...... 48483 13 Technical correction ...... 54768 2008 13.103 Amended...... 48483 30 Policy statement...... 75421 46 CFR 73 FR 30.30–7 Amended ...... 55745 Page 31.01–3 (b) amended ...... 55745 Chapter I 32.15–15 (e) amended...... 55746 1.01–15 (e) amended ...... 56507 1.03–15 (h)(1) through (5) amend- 2007 ed ...... 56507 1.03–40 Amended ...... 56507 46 CFR 72 FR 1.03–45 Amended ...... 56507 Page 1.03–50 Amended ...... 56507 Chapter I 10.104 Amended; interim ...... 29071 1.01-15 (c) and (d) revised; (e) and 10.105 (a) amended...... 56507 (f) added ...... 7930 10.112 (b) amended...... 56508 1.01–25 (b)(1) amended ...... 36329 10.113 Amended...... 25566 1.03–15 (h)(3) revised ...... 7930 10.213 (e) amended...... 56508 1.03–40 Redesignated from 1.03– 10.219 (a) amended...... 56508 45 ...... 7930 10.302 (a) amended...... 56508

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46 CFR—Continued 73 FR 46 CFR—Continued 74 FR Page Page Chapter I—Continued Chapter I—Continued 10.303 (e) amended...... 56508 (b)(1) and (2) revised...... 49221 10.304 (j) added; eff. 10–14–08 ...... 52794 1.01–15 (a)(1) amended; (b) re- (a) amended ...... 56508 vised...... 11214 10.307 Amended...... 56508 (c)(2) revised ...... 30937 10.309 (a)(11) amended ...... 56508 1.01–25 (b)(1), (c) introductory 10.464 (f) introductory text text and (1) introductory text amended; (f)(1) revised; eff. 10– amended...... 11214 14–08 ...... 52794 (c)(1) introductory text and (i) re- (f)(3) amended ...... 56508 vised ...... 30937 10.465 (a) and (d) introductory 1.03–15 (h)(3) amended ...... 49223 text amended; table 10.465–1 2.01–7 (a) table revised...... 63619 and (d)(1) revised; (e) and (f) re- 2.01–25 (a)(1)(ix) and (2)(ix) added; designated as (f) and (g); new (e) (a)(3) and (b)(1) amended ...... 20419 added; eff. 10–14–08...... 52794 2.01–30 Revised ...... 49223 10.480 (f) amended; (g) and (k) re- 2.01–45 (b) amended ...... 49223 moved; (h), (i) and (j) redesig- 2.10–10 Amended ...... 49223 nated as new (g), (h) and (i); eff. 2.10–20 (e) amended ...... 49223 10–14–08...... 52795 10.811 Added; interim...... 29071 2.10–25 Amended ...... 63628 12.01–7 Amended ...... 56508 2.10–105 (b) amended ...... 49223 12.01–11 Amended...... 25566 2.10–115 (b) amended ...... 49223 12.02–23 (c) amended...... 56508 2.75–1 (d) amended ...... 49223 12.02–27 (a)(2) amended...... 56508 2.75–10 (b) amended ...... 49223 12.03–1 (a)(11) amended...... 56508 2.75–15 (a) amended ...... 49223 13.107 (f) amended ...... 56508 2.75–25 (c)(1) amended ...... 49223 13.109 (c) amended...... 56508 2.75–50 (c) amended ...... 49223 14.103 Revised ...... 56508 4.03–75 Added ...... 11214 15 Authority citation revised...... 52795 4.07–1 (c)(3) amended...... 11214 15.301 (b)(10) added; (b)(11) re- 4.07–10 (a)(3) amended ...... 11214 vised; interim ...... 29071 5.3 Amended ...... 11214 15.415 Amended...... 25566 5.5 Amended ...... 11214 15.610 (c) removed; (d) redesig- 5.19 (b) amended...... 11214 nated as (c); new (c) amend- 5.40 Added ...... 11214 ed ...... 56508 5.55 (a) introductory text amend- 15.815 (a), (b) and (c) amended; (d) ed ...... 11214 and (e) added; eff. 10–14–08...... 52795 5.57 Heading and (b) revised; (a) 15.1101 (a)(6) added; interim ...... 29071 introductory text and (c) 15.1113 Added; interim ...... 29071 amended...... 11214 28.50 Amended ...... 56508 5.59 Heading and introductory 28.80 (d)(1) amended ...... 56509 text amended...... 11215 28.275 (a)(2) amended...... 56509 5.61 Heading, (a) introductory 28.390 (c) amended...... 56509 text and (b) amended...... 11215 28.575 (b) amended; Figure 28.575 5.101 (a) introductory text, (1) and revised ...... 56509 (2) amended ...... 11215 31.10–5 (a)(1) revised...... 56509 5.105 (b), (c) and (e) amended...... 11215 31.10–16 (e) revised ...... 35961 5.201—5.205 (Subpart E) Heading (e)(1) and (2) revised...... 56509 32 Authority citation revised...... 65160 amended...... 11215 32.53–30 Added ...... 65160 5.201 (a), (b) introductory text, (4), (c) introductory text and (d) amended ...... 11215 2009 5.203 (b) introductory text, (2) and 46 CFR 74 FR (c) amended ...... 11215 Page 5.205 Heading, (a), (b) introduc- Chapter I tory text, (c) introductory text 1.01–05 (d) and (e) added ...... 11213 and (d) amended...... 11215 1.01–10 (b)(1)(ii)(C) amended...... 11214 5.501 Amended ...... 11215

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46 CFR—Continued 74 FR 46 CFR—Continued 74 FR Page Page Chapter I—Continued Chapter I—Continued 5.521 Heading revised; (a) and (b) 11.105 Removed...... 11235 amended...... 11215 11.107 (b)(1), (2) and (3) revised ...... 11235 5.567 (b), (c) introductory text, (d) 11.109 Removed...... 11235 and (e) amended ...... 11215 11.110 Removed...... 11235 5.707 Heading, (a) and (c) through 11.111 Removed...... 11235 (f) amended...... 11215 11.112 Removed...... 11235 5.713 (a) amended ...... 11215 11.113 Removed...... 11235 (b) amended ...... 49224 11.201—11.223 (Subpart B) Head- 5.715 Heading, (a) and (c) amending revised ...... 11235 ed ...... 11215 11.201 Revised ...... 11235 5.901—5.905 (Subpart L) Heading 11.202 Revised ...... 11236 amended...... 11215 11.203 Removed...... 11237 5.901 (a), (c), (d) introductory text 11.204 Removed...... 11237 and (e) amended ...... 11215 11.205 Revised ...... 11237 5.903 (c) introductory text and (2) 11.207 Removed...... 11238 amended...... 11215 11.209 Removed...... 11238 (b) amended ...... 49224 5.905 (b) amended ...... 11215 11.210 Removed...... 11238 6.06 (b) and (d) amended...... 49224 11.211 Heading and (c) revised; (a), 7.55 (b), (f) and (g) amended...... 49224 (b) introductory text and (d) 8.110 (a) amended ...... 49224 amended...... 11238 8.130 (a)(5), (6), (7), (11), (13), (19), 11.213 (a), (b), (d) and (e) amend- (20) and (21) amended...... 49224 ed ...... 11238 8.240 (a) amended ...... 49224 11.215 Removed...... 11239 8.320 (b)(8) and (9) amended; 11.217 Heading, (a)(1), (2) and (b) (b)(10) and (11) added ...... 20419 amended...... 11239 (b)(10) and (11) amended; (b)(12) 11.219 Removed...... 11239 added ...... 21558 11.221 Removed...... 11239 Regulation at 74 FR 21558 con- 11.223 Removed...... 11239 firmed...... 32088 11.302 (e) amended...... 11239 8.420 (c) revised...... 20419 11.304 (a), (c) through (f), (g)(2), 8.430 Amended ...... 49224 (3), (6), (7), (h) introductory 8.440 (d)(3) amended ...... 49224 text, (5), (7), (8) and (j) re- 10 Authority citation revised...... 11216 vised...... 11239 10 Redesignated as Part 11; new 11.309 (a) introductory text, Part 10 added ...... 11216 (3)(iii), (4), (b), (c)(2) and (3) 10.103 (a) amended ...... 49224 amended...... 11240 10.109 (d)(15), (16) and (17) cor- 11.401—11.497 (Subpart D) Head- rectly added...... 39218 ing revised ...... 11240 10.211 (c) correctly amended...... 39218 11.401 Revised ...... 11240 10.213 (c) table correctly amend- 11.402 Heading and (b) revised; (a), ed ...... 39218 (c)(1), (2), (3) and (d) amend- 10.227 (g)(1) correctly amended...... 39218 ed ...... 11240 10.235 (b), (d) and (h) correctly 11.403 Revised ...... 11240 amended...... 39218 11.404 Introductory text and (b) 11 Redesignated from Part 10 ...... 11216 introductory text amended...... 11241 Heading revised ...... 11235 11.405 Amended...... 11241 11.101 (a) introductory text and 11.406 Introductory text, (a), (b) (1) revised; (a)(2), (b) and (c)(1) introductory text, (2) and (c) amended...... 11235 amended...... 11241 11.102 Revised ...... 11235 11.407 (a) introductory text, (1), (b)(1) and (2) correctly amended (b) and (c) amended ...... 11241 ...... 39218 11.410 Heading, (a) introductory (a) amended ...... 49224 text, (b) and (c) amended ...... 11241 11.103 Removed...... 11235 11.412 Introductory text, (a) and 11.104 Correctly removed ...... 39219 (b) amended ...... 11241

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46 CFR—Continued 74 FR 46 CFR—Continued 74 FR Page Page Chapter I—Continued Chapter I—Continued 11.414 Introductory text and (a) 11.465 Heading, (a), (b), (c), (d) in- amended...... 11241 troductory text, (2), (e) intro- 11.416 Amended...... 11242 ductory text, (1) and (f) revised; 11.418 Introductory text, (a) and undesignated text following (b) amended ...... 11242 (d)(2) designated as (d)(3)...... 11245 11.420 Amended...... 11242 11.466 Heading, (a) and (b) amend- 11.421 Amended...... 11242 ed; table 10.466–1 redesignated 11.422 Heading, (a), (b) introduc- as table 10.466(a) and re- tory text, (1) through (4), (c) vised...... 11246 and (e) amended ...... 11242 11.467 Revised ...... 11247 11.424 (a) introductory text, (1), 11.468 Amended...... 11247 (2), (b) and (c) amended...... 11242 11.470 Heading, (a) introductory 11.426 (a) introductory text, (1), text, (b) introductory text, (2) and (b) amended ...... 11242 (2)(i), (iv), (c), (d) introductory 11.427 (a) introductory text, (2) text, (2)(i), (iv), (e), (f) intro- and (b) through (e) amended ...... 11242 ductory text, (2)(i), (iii), (g) in- 11.428 (a) and (b) amended...... 11242 troductory text, (h) introduc- 11.429 (a) introductory text, (1), tory text, (2)(iii), (i), (j) intro- (b) and (c) amended ...... 11242 ductory text, (2)(i), (iii) and (k) 11.430 Amended...... 11242 introductory text revised ...... 11247 11.431 Heading, (a) and (b) amend- 11.472 Heading revised; (a) intro- ed ...... 11242 ductory text, (2)(i), (iii) and (b) 11.433 Introductory text and (c) amended...... 11248 amended...... 11243 11.474 Heading revised; (a) intro- 11.435 Introductory text and (b) ductory text, (1)(i), (ii), (2)(i), amended...... 11243 (iii) and (b) amended ...... 11248 11.437 (a) introductory text and 11.476 Removed...... 11248 (3) amended ...... 11243 11.480 (b) introductory text, (c), 11.442 Introductory text, (a) and (f), (h) and (i) amended...... 11248 (b) amended ...... 11243 11.444 Introductory text, (a) and 11.482 (a) revised; (c) and (d) (b) amended ...... 11243 amended...... 11248 11.446 Introductory text, (a) and 11.491 Amended...... 11248 (b) amended ...... 11243 11.493 (a) amended ...... 11248 11.448 Amended...... 11243 11.495 (a) amended ...... 11248 11.450 Heading, (a), (c) and (d) 11.497 (a) amended ...... 11248 amended...... 11243 11.501—11.555 (Subpart E) Head- 11.452 (a) and (b) amended...... 11243 ing revised ...... 11248 11.454 (a) through (d) amended...... 11243 11.501 Heading, (a) introductory 11.455 (a) and (b) amended...... 11243 text, (b) introductory text, (c) 11.456 Introductory text, (a) and introductory text, (d) and (e) (d) amended ...... 11243 amended...... 11248 11.457 (a) and (b) amended...... 11243 11.502 Heading, (a), (b) introduc- 11.459 (a) and (b) amended...... 11244 tory text, (1), (2) and (c) amend- 11.462 Heading, (a) introductory ed ...... 11249 text, (b), (c) introductory text, 11.503 Revised ...... 11249 (1), (2), (3), (4) introductory 11.504 Amended...... 11249 text, (v), (vi), (d) introductory 11.505 Amended; Figure 10.505 re- text, (1), (2), (3), (4) introduc- designated as Figure 11.505 and tory text, (iv), (v) and (vi) revised ...... 11249 amended...... 11244 11.510 Introductory text and (b) 11.463 Heading, (a) introductory amended...... 11251 text, (b) and (c) amended ...... 11244 11.512 Amended...... 11251 11.464 Heading, (a) through (e), (f) 11.514 Introductory text, (a) and introductory text, (2)(i) and (b) introductory text amend- (f)(3) revised ...... 11244 ed ...... 11251

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46 CFR—Continued 74 FR 46 CFR—Continued 74 FR Page Page Chapter I—Continued Chapter I—Continued 11.516 (a) introductory text 11.920 Tables 10.920–1 and 10.920–2 amended...... 11251 redesignated as Tables 11.920–1 11.518 Revised ...... 11251 and 11.920–2; heading, introduc- 11.520 Revised ...... 11251 tory text and new Table 11.920– 1 revised; new Table 11.920–2 11.522 Revised ...... 11251 amended...... 11254 11.524 (a) and (b) introductory 11.950 Heading and table heading text amended...... 11251 revised ...... 11254 11.530 Revised ...... 11251 11.1005 Revised ...... 11254 11.540 Revised ...... 11251 11.1105 Heading, introductory 11.542 Heading, introductory text and (a) revised ...... 11254 text, (b) and (c) amended ...... 11251 12 Authority citation and head- 11.544 Heading, introductory ing revised ...... 11254 text, (a)(3), (b) and (c) amend- 12.01–1 (a)(2) amended; (a)(3) and ed ...... 11251 (c) removed...... 11254 11.551 Revised ...... 11251 12.01–3 Revised ...... 11254 11.553 (a) amended ...... 11251 (a) amended ...... 49225 12.01–6 Removed ...... 11254 11.555 (a) amended ...... 11251 12.01–7 Removed ...... 11254 11.601—11.603 (Subpart F) Head- 12.01–11 Removed...... 11254 ing revised ...... 11252 12.02–3 Removed ...... 11254 11.601 (a), (b) and (c) revised...... 11252 12.02–4 Removed ...... 11254 Correctly revised ...... 39219 12.02–5 Removed ...... 11254 11.603 Revised ...... 11252 12.02–7 (a) through (e) and (f) in- 11.701—11.713 (Subpart G) Head- troductory text revised...... 11254 ing revised ...... 11252 12.02–9 Removed ...... 11255 11.701 Revised ...... 11252 12.02–10 Removed...... 11255 11.703 (a) introductory text and 12.02–11 Revised ...... 11255 (c) revised; (d) amended...... 11252 12.02–12 Removed...... 11255 11.705 (b) and (c) revised ...... 11252 12.02–13 Removed...... 11255 11.707 Revised ...... 11252 12.02–14 Removed...... 11255 12.02–15 Removed...... 11255 11.709 (b) through (e) revised ...... 11252 12.02–17 Revised ...... 11255 11.711 (a), (b) and (d) amended ...... 11253 12.02–18 Removed...... 11256 11.713 (a) and (b) amended...... 11253 12.02–19 Removed...... 11256 11.803 Removed...... 11253 12.02–20 Removed...... 11256 11.805 Revised ...... 11253 12.02–21 Removed...... 11256 11.807 (a)(7) and (8) added; (c) and 12.02–22 Removed...... 11256 (d) revised...... 11253 12.02–23 Removed...... 11256 11.809 Removed...... 11253 12.02–24 Removed...... 11256 11.901—11.950 (Subpart I) Heading 12.02–25 Removed...... 11256 revised ...... 11253 12.02–26 Removed...... 11256 11.901 (a) and (c) introductory 12.02–27 Removed...... 11256 text amended; (b) revised ...... 11253 12.03–1 (a) introductory text, (3)(iii), (4), (b), (c) introductory 11.903 Table 10.903–1 redesignated text and (2) revised...... 11256 as Table 11.903–1; (a) introduc- 12.05–1 (a) and (b) amended ...... 11256 tory text, (b) introductory 12.05–3 (a) introductory text, (2) text, (2), (3), (c) introductory and (b) introductory text text and (d) revised ...... 11253 amended; (c) revised ...... 11256 11.910 Heading and introductory 12.05–5 Removed ...... 11256 text revised; Tables 10.910–1 12.05–7 (a) introductory text and and 10.910–2 redesignated as (b) introductory text amended; Tables 11.910–1 and 11.910–2 and (c), (d) and (e) removed ...... 11256 amended...... 11254 12.05–9 (a) introductory text amended; (e) revised ...... 11256

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46 CFR—Continued 74 FR 46 CFR—Continued 74 FR Page Page Chapter I—Continued Chapter I—Continued 12.05–11 (a) and (b) revised ...... 11256 13.119 Amended...... 11259 12.10–1 Revised ...... 11256 13.120 Heading amended...... 11259 12.10–3 (a) introductory text, (2), 13.121 Heading and (a) amend- (5), (6), (b) and (c) amended...... 11256 ed ...... 11259 12.10–5 (a) introductory text and 13.125 Amended...... 11259 (d) amended ...... 11257 13.129 Heading and Table 13.129 12.10–7 Revised ...... 11257 amended...... 11259 12.10–9 Heading, (a), (b) introduc- 13.201 (c) amended...... 11259 tory text and (2) revised ...... 11257 13.203 (a)(1), (2) and (c) introduc- 12.13–3 Amended ...... 11257 tory text amended ...... 11259 12.15–1 Revised ...... 11257 13.207 Amended...... 11260 12.15–3 (a), (b), (c), (d) introduc- 13.301 (c) amended...... 11260 tory text and (e) revised ...... 11257 13.303 (c) introductory text 12.15–5 Revised ...... 11257 amended...... 11260 12.15–7 (a), (b)(1) and (c) amended ...... 11257 13.307 (a) amended...... 11260 12.15–9 (a), (c) and (d) amended...... 11257 13.401 (c) amended...... 11260 12.15–11 Heading and introduc- 13.403 (b) introductory text tory text revised ...... 11257 amended...... 11260 12.15–13 (a) introductory text, (b) 13.407 Amended...... 11260 and (c) amended ...... 11258 13.501 (c) amended...... 11260 12.15–15 (a) introductory text, (b) 13.503 (a)(1), (2) and (b) amend- and (c) revised...... 11258 ed ...... 11260 12.25–1 Amended ...... 11258 13.505 (a)(2) amended...... 11260 12.25–10 Revised ...... 11258 13.507 Amended...... 11260 12.25–20 Revised ...... 11258 14 Authority citation revised...... 11260 12.25–25 Revised ...... 11258 14.205 Amended...... 11260 12.25–30 Amended...... 11258 14.207 (a)(1) amended...... 11260 12.25–35 (a) and (b) amended...... 11258 14.307 (a) amended...... 11260 12.25–40 Amended...... 11258 15 Authority citation revised...... 11260 12.25–45 Amended...... 11258 Regulation at 72 FR 20286 con- 12.30–1 Amended ...... 11258 firmed...... 47734 12.30–3 Removed ...... 11258 15.103 (b), (c) and (g) amended ...... 11260 12.30–5 Amended ...... 11258 15.105 Revised ...... 49225 12.35–1 Amended ...... 11258 15.301 (Subpart B) Removed ...... 11260 12.35–3 Removed ...... 11258 15.401 Revised ...... 11260 12.35–5 Introductory text and (b) 15.405 Amended...... 11260 amended...... 11258 15.410 Amended...... 11260 12.40–1—12.40–15 (Subpart 12.40) 15.415 Removed...... 11260 Heading revised ...... 11258 15.515 (b) introductory text Regulation at 72 FR 20284 con- amended...... 11260 firmed; revised...... 47734 12.40–1 Amended ...... 11258 15.520 (b) through (i) and (l) re- 12.40–5 (a) and (b) amended ...... 11258 vised...... 11260 12.40–7 Amended ...... 11259 15.530 (a) removed; (b) through (g) 12.40–9 Amended ...... 11259 redesignated as new (a) 12.40–11 (a) and (c) amended...... 11259 through (f); new (a) through (e) 12.40–13 (a), (b), (c) and (2) amend- amended...... 11261 ed ...... 11259 Regulation at 72 FR 20286 con- 12.40–15 (a) amended ...... 11259 firmed...... 47734 13.101 Amended...... 11259 Revised...... 47736 13.103 Removed...... 11259 15.605 Heading, introductory 13.106 Added ...... 11259 text, (a) and (b) amended ...... 11261 13.107 (a) through (f) amended ...... 11259 15.610 (b) removed; (c) redesig- 13.109 (c) amended...... 11259 nated as new (b); (a) and new (b) 13.111 Heading, (a), (d)(3) and (f) amended...... 11261 amended...... 11259 15.701 (b) and (c) amended...... 11261

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46 CFR—Continued 74 FR 46 CFR—Continued 74 FR Page Page Chapter I—Continued Chapter I—Continued 15.705 (b), (c) introductory text, 25.01–3 (a) amended ...... 49225 (d), (e)(1) introductory text and 25.30–15 (a) amended ...... 49225 (2) amended ...... 11261 25.45–1 (a) amended ...... 49225 15.710 Introductory text amend- 25.45–2 (a) amended ...... 49225 ed ...... 11261 26.03–8 (a) amended ...... 49225 15.720 (a), (b) introductory text 26.20–1 (Subpart 26.20) Heading re- and (d) revised...... 11261 vised...... 11264 15.725 Amended...... 11262 26.20–1 Amended ...... 11264 15.730 (d) amended...... 11262 27.102 (a) amended...... 49226 15.805 (a) introductory text, (5) in- 27.211 (c) amended...... 49226 troductory text and (ii) amend- 28.40 (a) amended ...... 49226 ed ...... 11262 28.50 Amended ...... 49226 15.810 (a), (b) introductory text, 28.275 (a)(2) introductory text and (1) through (5), (c), (d) introduc- (3) introductory text amend- tory text, (2) introductory text ed ...... 11264 and (ii) amended ...... 11262 30.01–3 Revised ...... 49226 15.812 Tables 15.812(e)(1) and (2) 30.01–5 (d) table revised ...... 63637 amended; (b), (c), (f)(1) intro- 30.10–71 Introductory text ductory text, (i) and (2) intro- amended...... 11264 ductory text revised...... 11262 30.30–5 (a) amended ...... 49226 15.815 (a) and (c) amended...... 11262 31.01–3 (b) amended ...... 49226 15.820 (a) introductory text, (3) 31.10–1 (b) amended ...... 49226 and (b) amended...... 11262 31.10–5 (a) amended ...... 49226 15.825 (a) and (b) amended...... 11263 31.10–21 (e)(1), (3) and (g) amend- 15.835 Amended...... 11263 ed ...... 49226 15.840 (a) amended...... 11263 31.15–1 Heading revised ...... 11264 15.860 (a), (f) introductory text, 32.01–1 (a) amended ...... 49227 (3), (4) and Table 15.860(a)(2) 32.15–15 (e) amended...... 49227 amended...... 11263 32.53–3 (b) amended ...... 49227 34.01–15 Revised ...... 49227 15.901 (a) through (d) amended...... 11263 35.01–3 (a) amended ...... 49227 15.905 (a), (b) and (c) amended ...... 11263 35.05–1 Amended ...... 11265 15.910 Revised ...... 11263 39.10–1 (b) amended ...... 49227 15.915 Heading revised; introduc- 39.10–3 Amended ...... 49227 tory text, (a) introductory 39.10–5 (a) amended ...... 49227 text, (b), (c) and (d) amend- 39.10–9 Amended ...... 49227 ed ...... 11263 39.20–1 (a)(1) amended ...... 49227 15.1001 Amended ...... 11263 39.20–9 (d) amended ...... 49227 15.1103 Heading, (d), (e) introduc- 39.40–1 (b), (c) and (e) amended...... 49227 tory text, (f) and (h) revised; (c) amended...... 11263 15.1105 (a) introductory text, (b) 2010 and (c) introductory text 46 CFR 75 FR amended...... 11263 Page 15.1107 Introductory text and (c) Chapter I amended...... 11263 1.01–10 (b)(1) introductory text re- 15.1111 (a) amended ...... 11263 vised; (b)(1)(iii) removed; 16.105 Amended...... 11263 (b)(1)(iv) redesignated as new 16.107 (a) and (b) amended...... 49225 (b)(1)(iii)...... 60000 16.113 (a) amended...... 11264 2.01–5 (c) revised ...... 60000 16.201 (c) and (d) amended...... 11264 2.01–6 Revised ...... 60000 16.205 (b) amended...... 49225 2.10–1 (a) amended...... 60001 16.220 (a) and (b) revised ...... 11264 2.10–5 (d) amended...... 60001 16.230 (b)(1) and (k) amended ...... 11264 2.10–10 Amended ...... 60001 16.250 (a) amended...... 11264 2.10–20 (b), (e) and (f) amended; (d) 16.500 (b)(1) amended...... 49225 revised ...... 60001 24.05–1 (a) table revised ...... 63628 2.10–101 (c) amended...... 60001

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46 CFR—Continued 75 FR 46 CFR—Continued 75 FR Page Page Chapter I—Continued Chapter I—Continued 2.10–105 (b) and (e) amended...... 60001 28.265 (d)(4)(vii) amended ...... 60002 2.10–115 (b) amended...... 60001 28.820 (a)(2) amended...... 60002 2.10–125 (a) and (b) amended...... 60001 31.10–1 (b) amended ...... 60002 2.10–130 (a) and (b) amended...... 60001 2.75–1 (c) amended...... 60001 2011 7.65 Revised ...... 60001 8.420 (c) correctly revised; CFR (Regulations published from January 1, correction ...... 56015 2011, through October 1, 2011) 9.14 Amended...... 60001 46 CFR 76 FR 10.215 (a) Table revised...... 60001 Page 11.302 (g) amended...... 60002 Chapter I 25.01–3 (a) and (b) amended ...... 60002 1.03–15 (h)(5) amended ...... 60753 27.102 (b) table amended ...... 60002 2.10–20 (d) revised...... 60753 28.10 Amended ...... 60002 4.05–1 (b) amended...... 60754 28.40 (b) table amended ...... 60002 16.105 Corrected; CFR correc- 28.50 Amended ...... 60002 tion ...... 14818 Æ

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