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Coast Guard, DHS § 2.01–25

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Coast Guard, DHS § 2.01–25 Coast Guard, DHS § 2.01–25 (5) For public nautical schoolships, (ii) Cargo Ship Safety Construction see § 167.30–5 of subchapter R (Nautical Certificate, except when issued to Schools) of this chapter. cargo ships by a Coast Guard recog- (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 31 VerDate Mar<15>2010 15:06 Nov 25, 2013 Jkt 229197 PO 00000 Frm 00041 Fmt 8010 Sfmt 8010 Q:\46\46V1.TXT ofr150 PsN: PC150 § 2.01–30 46 CFR Ch. I (10–1–13 Edition) Commission to apply for the inspection propriate Officer in Charge, Marine In- concerning the issuance of a Cargo spection. Ship Safety Radio Certificate. (2) The Federal Communications (c) Certificates issued. (1) If a vessel Commission issues the Exemption Cer- meets the applicable requirements of tificate, which modifies the Cargo Ship the Convention, it shall be issued ap- Safety Radio Certificate. propriate certificates listed in para- (f) Availability of Certificates. The Con- graph (a) of this section. These certifi- vention certificates must be on board cates describe the vessel and state the the vessel and readily available for ex- vessel is in compliance with the appli- amination at all times. cable requirements of the Convention. (g) Foreign flag vessels. At the request (2) A Convention certificate may be of the government of a country in withdrawn, revoked or suspended at which is registered a vessel engaged in any time when it is determined the an international voyage, such a vessel vessel is no longer in compliance with may be issued the applicable certifi- applicable requirements. (See § 2.01–70 cate or certificates listed in paragraph for appeal procedures.) (a) of this section. The certificate will (d) CG-969—Notice of Receipt of Appli- be issued only after inspection has been cation for Passenger Ship Safety Certifi- made by the issuing agency, providing cate. (1) The Passenger Ship Safety Cer- the vessel is found to comply with the tificate is issued by the Commandant requirements of the Convention. after determining all applicable re- [CGFR 65–50, 30 FR 16604, Dec. 30, 1965] quirements of the Convention have been met. In the event the completion EDITORIAL NOTE: For FEDERAL REGISTER ci- of the certification of any passenger tations affecting § 2.01–25, see the List of CFR vessel cannot be effected prior to the Sections Affected, which appears in the Finding Aids section of the printed volume sailing of the passenger ship on a for- and at www.fdsys.gov. eign voyage, or in any case where the Passenger Ship Safety Certificate is § 2.01–30 Delegation of OCMI signature not received from the Commandant be- authority. fore the ship sails on a foreign voyage, The Officer in Charge, Marine Inspec- the Officer in Charge, Marine Inspec- tion, may redelegate signature author- tion, will issue a completed Form CG- ity for documents issued under this 969, describing the passenger ship and subpart to: one individual on his or her certifying that an application for a staff; and each Marine Safety Unit Passenger Ship Safety Certificate is Commanding Officer within his or her being processed, and that in his opinion Sector. the vessel meets applicable require- ments of the Convention administered [USCG–2009–0702, 74 FR 49223, Sept. 25, 2009] by the Coast Guard. (2) The completed Form CG-969 may § 2.01–40 Passengers or persons in ad- be exhibited in explanation of the fail- dition to crew on cargo or tank ves- sels. ure of the passenger ship to have on board a current Passenger Ship Safety (a) Under the authority of 46 U.S.C. Certificate. This completed form CG- 3304, a documented vessel transporting 969 may be accepted as prima facie evi- cargo may be allowed by its certificate dence that the passenger ship described of inspection to carry not more than 12 therein is in compliance with the appli- individuals in addition to the crew on cable requirements of the Convention. international voyages and not more (e) Exempted vessel. (1) A vessel may than 16 individuals in addition to the be exempted by the Commandant from crew on other voyages. complying with certain requirements (b) The application for permission to of the Convention under his adminis- carry persons in addition to the crew tration upon request made in writing may be included in the application de- to him and transmitted via the Officer scribed in § 2.01–1. If granted it is en- in Charge, Marine Inspection. In such dorsed on the certificate of inspection. case the exemptions are stated in the [CGFR 65–50, 30 FR 16604, Dec. 30, 1965, as Exemption Certificate, which is issued amended by CGD 95–028, 62 FR 51195, Sept. 30, by the Commandant through the ap- 1997] 32 VerDate Mar<15>2010 15:06 Nov 25, 2013 Jkt 229197 PO 00000 Frm 00042 Fmt 8010 Sfmt 8010 Q:\46\46V1.TXT ofr150 PsN: PC150.
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