subchapter c—uninspected vessels - u.s ... coast guard, dot 24.05–1 t able 24.05–1(a) method...

259

SUBCHAPTER C—UNINSPECTED VESSELS

PART 24—GENERAL PROVISIONS

Subpart 24.01—Authority and Purpose

Sec.24.01–1 Purpose of regulations.24.01–5 Assignment of functions.24.01–7 Right of appeal.

Subpart 24.05—Application

24.05–1 Vessels subject to the requirementsof this subchapter.

24.05–5 Specific application noted in text.

Subpart 24.10—Definition of Terms Used inThis subchapter

24.10–1 Approved.24.10–2 Barge.24.10–3 Carrying passengers for hire.24.10–5 Carrying freight for hire.24.10–7 Commandant.24.10–9 Coast Guard District Commander.24.10–11 Headquarters.24.10–13 International voyage.24.10–15 Marine inspector or inspector.24.10–17 Motorboat.24.10–19 Motor vessel.24.10–20 Oceanographic research vessel.24.10–21 Officer in Charge, Marine Inspec-

tion.24.10–23 Passenger.24.10–27 Vessel.

Subpart 24.15—Equivalents

24.15–1 Conditions under which equivalentsmay be used.

24.15–5 Canadian pleasure craft temporarilyusing navigable waters of the UnitedStates.

Subpart 24.20—General MarineEngineering Requirements

24.20–1 Marine engineering details.

AUTHORITY: 46 U.S.C. 2113, 3306, 4104, 4302;E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.277; 49 CFR 1.46.

SOURCE: CGFR 65–50, 30 FR 16650, Dec. 30,1965, unless otherwise noted.

Subpart 24.01—Authority andPurpose

§ 24.01–1 Purpose of regulations.The purpose of the regulations in this

subchapter is to set forth uniform min-imum requirements for uninspectedcommercial vessels, certain motor ves-

sels, vessels propelled by said carryingpassenger for hire, and barges carryingpassengers for hire in accordance withthe intent of the Motorboat Act of 1940,as amended (54 Stat. 163; 46 U.S.C. 526–526t) and the Federal Boat Safety Actof 1971 (85 Stat. 213; 46 U.S.C. 1451–1489).The regulations are necessary to carryout the provisions of the MotorboatAct of 1940, and the Federal Boat Safe-ty Act of 1971 and such regulationshave the force of law.

[CGD 72–172R, 38 FR 8116, Mar. 28, 1973]

§ 24.01–5 Assignment of functions.

(a) The Department of Transpor-tation Act (Pub. L. 89–670, 80 Stat. 931–950, 49 U.S.C. 1651–1659), transferred toand vested in the Secretary of Trans-portation ‘‘* * * all functions, powers,and duties, relating to the CoastGuard, of the Secretary of the Treas-ury and of other officers and offices ofthe Department of the Treasury’’ (sub-section 6(b) (1), 49 U.S.C. 1655(b)). Thistransfer is subject to certain condi-tions, modifications, and exceptions asset forth in such act. By rule in 49 CFR1.4(a), the Secretary of Transportationdelegated to the Commandant, U.S.Coast Guard, authority to exercise cer-tain functions, powers, and duties asset forth in subsections 6(a) (4), 6(b) (1),and 6(g) of such act (49 U.S.C. 1655),subject to conditions, exceptions andmodifications as described in 49 CFRpart 1. By a rule in 49 CFR 1.9 the Sec-retary of Transportation continued ineffect actions taken prior to April 1,1967.

(b) The Commandant, U.S. CoastGuard, in a notice dated March 31, 1967,and effective April 1, 1967 (32 FR 5611),approved the continuation of orders,rules, regulations, policies, procedures,privileges, waivers, and other actions,which had been made, allowed, granted,or issued prior to April 1, 1967, and pro-vided that they shall continue in effectaccording to their terms until modi-fied, terminated, repealed, superseded,or set aside by appropriate authority.

[CGFR 68–32, 33 FR 5711, Apr. 12, 1968]

VerDate 27-NOV-96 13:07 Dec 12, 1996 Jkt 167173 PO 00000 Frm 00259 Fmt 8010 Sfmt 8010 E:\CFR\167173.051 167173

260

46 CFR Ch. I (10–1–96 Edition)§ 24.01–7

§ 24.01–7 Right of appeal.Any person directly affected by a de-

cision or action taken under this sub-chapter, by or on behalf of the CoastGuard, may appeal therefrom in ac-cordance with subpart 1.03 of this chap-ter.

[CGD 88–033, 54 FR 50380, Dec. 6, 1989]


§ 24.05–1 Vessels subject to the re-quirements of this subchapter.

(a) This subchapter shall be applica-ble to all vessels indicated in Column 6

of Table 24.05–1 (a), and shall apply toall such United States flag vessels, andto all such foreign vessels, except asfollows:

(1) Any vessel operating exclusivelyon inland waters which are not navi-gable waters of the United States.

(2) Any vessel while laid up and dis-mantled and out of commission.

(3) With the exception of vessels ofthe U.S. Maritime Administration, anyvessel with title vested in the UnitedStates and which is used for public pur-poses.


261

Coast Guard, DOT § 24.05–1

TA

BLE

24.0

5–1(

a)

Met

hod

of p

ropu

lsio

nS

ize

or o

ther

lim

ita-

tions

1

Cla

sses

of

vess

els

(incl

udin

g m

otor

boat

s) e

xam

ined

or

insp

ecte

d un

der

vario

us C

oast

Gua

rd r

egul

atio

ns1

Ves

sels

insp

ecte

dan

d ce

rtifi

cate

dun

der

subc

hapt

erD

—T

ank

Ves

sels

2

Ves

sels

insp

ecte

dan

d ce

rtifi

cate

dun

der

eith

er s

ub-

chap

ter

H—

Pas

-se

nger

Ves

sels

23

45

or s

ubch

apte

r T

—S

mal

l Pas

seng

erV

esse

ls2

34

Ves

sels

insp

ecte

dan

d ce

rtifi

cate

dun

der

subc

hapt

er I

—C

argo

and

Mis

-ce

llane

ous

Ves

-se

ls2

3

Ves

sels

sub

ject

to

prov

isio

ns o

f su

b-ch

apte

r C

—U

nins

pect

ed V

es-

sels

23

56

78

Ves

sels

sub

ject

to

prov

isio

ns o

f su

b-ch

apte

r U

—O

cean

o-gr

aphi

c V

es-

sels

35

67

9

Ves

sels

sub

ject

to

the

prov

isio

ns o

fsu

bcha

pter

O—

Cer

-ta

in B

ulk

Dan

gero

usC

argo

es1

0

Col

umn

1C

olum

n 2

Col

umn

3C

olum

n 4

Col

umn

5C

olum

n 6

Col

umn

7C

olum

n 8

Ste

am...

......

......

......

.....

Ves

sels

not

ove

r 65

feet

in le

ngth

.A

ll ve

ssel

s ca

rryi

ngco

mbu

stib

le o

rfla

mm

able

liqu

idca

rgo

in b

ulk.

All

vess

els

carr

ying

mor

e th

an 6

pas

-se

nger

s.7

All

tugb

oats

and

tow

boat

s.A

ll ve

ssel

s ex

cept

thos

e co

vere

d by

colu

mns

3,

4, 5

,an

d 7.

Non

e...

......

......

......

...A

ll ve

ssel

s ca

rryi

ngin

bul

k th

e ca

r-go

es li

sted

inT

able

I o

f P

t. 15

3an

d T

able

4 o

f P

t.15

4.1

2

Ves

sels

ove

r 65

fee

tin

leng

th.

All

vess

els

carr

ying

com

bust

ible

or

flam

mab

le li

quid

carg

o in

bul

k.5

1. A

ll ve

ssel

s ca

rry-

ing

mor

e th

an 1

2pa

ssen

gers

on

anin

tern

atio

nal v

oy-

age,

exc

ept

yach

ts.

All

vess

els

exce

ptth

ose

cove

red

byco

lum

ns 3

and

4.

Non

e...

......

......

......

...A

ll ve

ssel

s en

gage

din

oce

anog

raph

icre

sear

ch.

Do.

2. A

ll ve

ssel

s of

not

over

15

gros

s to

nsw

hich

car

ry m

ore

than

6 p

as-

seng

ers.

7

3. A

ll ot

her

vess

els

carr

ying

pas

-se

nger

s,7

exce

pt:.

a. Y

acht

s.b.

Doc

umen

ted

carg

o or

tan

k ve

s-se

ls is

sued

a p

er-

mit

to c

arry

not

mor

e th

an 1

6 pe

r-so

ns in

add

ition

to

the

crew

.


262

46 CFR Ch. I (10–1–96 Edition)§ 24.05–1

TA

BLE

24.0

5–1(

a)—

Con

tinue

d

Met

hod

of p

ropu

lsio

nS

ize

or o

ther

lim

ita-

tions

1

Cla

sses

of

vess

els

(incl

udin

g m

otor

boat

s) e

xam

ined

or

insp

ecte

d un

der

vario

us C

oast

Gua

rd r

egul

atio

ns1

Ves

sels

insp

ecte

dan

d ce

rtifi

cate

dun

der

subc

hapt

erD

—T

ank

Ves

sels

2

Ves

sels

insp

ecte

dan

d ce

rtifi

cate

dun

der

eith

er s

ub-

chap

ter

H—

Pas

-se

nger

Ves

sels

23

45

or s

ubch

apte

r T

—S

mal

l Pas

seng

erV

esse

ls2

34

Ves

sels

insp

ecte

dan

d ce

rtifi

cate

dun

der

subc

hapt

er I

—C

argo

and

Mis

-ce

llane

ous

Ves

-se

ls2

3

Ves

sels

sub

ject

to

prov

isio

ns o

f su

b-ch

apte

r C

—U

nins

pect

ed V

es-

sels

23

56

78

Ves

sels

sub

ject

to

prov

isio

ns o

f su

b-ch

apte

r U

—O

cean

o-gr

aphi

c V

es-

sels

35

67

9

Ves

sels

sub

ject

to

the

prov

isio

ns o

fsu

bcha

pter

O—

Cer

-ta

in B

ulk

Dan

gero

usC

argo

es1

0

Col

umn

1C

olum

n 2

Col

umn

3C

olum

n 4

Col

umn

5C

olum

n 6

Col

umn

7C

olum

n 8

c. T

owin

g an

dfis

hing

ves

sels

, in

othe

r th

an o

cean

and

coas

twis

ese

rvic

e, m

ay c

arry

pers

ons

on t

he le

-gi

timat

e bu

sine

ssof

the

ves

sel,

inad

ditio

n to

cre

w,

but

not

to e

xcee

don

e fo

r ea

ch n

etto

n of

the

ves

sel.

Mot

or...

......

......

......

......

.V

esse

ls n

ot o

ver

15gr

oss

tons

.A

ll ve

ssel

s ca

rryi

ngco

mbu

stib

le o

rfla

mm

able

liqu

idca

rgo

in b

ulk

All

vess

els

carr

ying

mor

e th

an 6

pas

-se

nger

s.7

Tho

se v

esse

ls c

arry

-in

g da

nger

ous

car-

goes

whe

n re

-qu

ired

by 4

6 C

FR

part

98

or 4

9 C

FR

part

s 17

1–17

9.

All

vess

els

exce

ptth

ose

cove

red

byco

lum

ns 3

, 4,

5,

and

7.

Non

e...

......

......

......

...D

o.

Ves

sels

ove

r 15

gros

s to

ns e

xcep

tse

agoi

ng m

otor

vess

els

of 3

00gr

oss

tons

and

over

.

All

vess

els

carr

ying

com

bust

ible

or

flam

mab

le li

quid

carg

o in

bul

k.5

1. A

ll ve

ssel

s ca

rry-

ing

mor

e th

an 1

2pa

ssen

gers

on

anin

tern

atio

nal v

oy-

age,

exc

ept

yach

ts.

All

vess

els

carr

ying

frei

ght

for

hire

ex-

cept

tho

se c

ov-

ered

by

colu

mns

3an

d 4.

All

vess

els

exce

ptth

ose

cove

red

byco

lum

ns 3

, 4,

5,

and

7.

Non

e...

......

......

......

...D

o.

2. A

ll ve

ssel

s no

tov

er 6

5 fe

et in

leng

th w

hich

car

rym

ore

than

6 p

as-

seng

ers.

7


263


3. A

ll ot

her

vess

els

of o

ver

65 f

eet

inle

ngth

car

ryin

gpa

ssen

gers

for

hire

exc

ept

docu

-m

ente

d ca

rgo

orta

nk v

esse

ls is

-su

ed a

per

mit

toca

rry

not

mor

eth

an 1

6 pe

rson

s in

addi

tion

to t

hecr

ew.

Sea

goin

g m

otor

ves

-se

ls o

f 30

0 gr

oss

tons

and

ove

r

All

vess

els

carr

ying

com

bust

ible

or

flam

mab

le li

quid

carg

o in

bul

k.5

1. A

ll ve

ssel

s ca

rry-

ing

mor

e th

an 1

2pa

ssen

gers

on

anin

tern

atio

nal v

oy-

age,

exc

ept

yach

ts2.

All

othe

r ve

ssel

sca

rryi

ng p

as-

seng

ers,

7ex

cept

:.

All

vess

els

exce

ptth

ose

cove

red

byco

lum

ns 3

and

4,

and

thos

e en

-ga

ged

in t

he f

ish-

ing,

oys

terin

g,cl

amm

ing,

cra

b-bi

ng,

or a

ny o

ther

bran

ch o

f th

e fis

h-er

y, k

elp,

or

spon

ge in

dust

ry.

All

vess

els

exce

ptth

ose

cove

red

byco

lum

ns 3

, 4,

5,

and

7.

All

vess

els

enga

ged

in o

cean

ogra

phic

rese

arch

.

Non

e.

a. Y

acht

s.b.

Doc

umen

ted

carg

o or

tan

k ve

s-se

ls is

sued

a p

er-

mit

to c

arry

not

mor

e th

an 1

6 pe

r-so

ns in

add

ition

to

the

crew

.

Sai

l...

......

......

......

......

....

Ves

sels

not

ove

r 70

0gr

oss

tons

.A

ll ve

ssel

s ca

rryi

ngco

mbu

stib

le o

rfla

mm

able

liqu

idca

rgo

in b

ulk.

All

vess

els

carr

ying

mor

e th

an 6

pas

-se

nger

s.7

Tho

se v

esse

ls c

arry

-in

g da

nger

ous

car-

goes

whe

n re

-qu

ired

by 4

6 C

FR

part

98

or 4

9 C

FR

part

s 17

1–17

9.

All

vess

els

carr

ying

6 or

less

pas

-se

nger

s fo

r hi

re.1

2

Non

e...

......

......

......

...A

ll ve

ssel

s ca

rryi

ngin

bul

k th

e ca

r-go

es li

sted

inT

able

I o

f P

t. 15

3an

d T

able

4 o

f P

t.15

4.1

2


264

46 CFR Ch. I (10–1–96 Edition)§ 24.05–1

TA

BLE

24.0

5–1(

a)—

Con

tinue

d

Met

hod

of p

ropu

lsio

nS

ize

or o

ther

lim

ita-

tions

1

Cla

sses

of

vess

els

(incl

udin

g m

otor

boat

s) e

xam

ined

or

insp

ecte

d un

der

vario

us C

oast

Gua

rd r

egul

atio

ns1

Ves

sels

insp

ecte

dan

d ce

rtifi

cate

dun

der

subc

hapt

erD

—T

ank

Ves

sels

2

Ves

sels

insp

ecte

dan

d ce

rtifi

cate

dun

der

eith

er s

ub-

chap

ter

H—

Pas

-se

nger

Ves

sels

23

45

or s

ubch

apte

r T

—S

mal

l Pas

seng

erV

esse

ls2

34

Ves

sels

insp

ecte

dan

d ce

rtifi

cate

dun

der

subc

hapt

er I

—C

argo

and

Mis

-ce

llane

ous

Ves

-se

ls2

3

Ves

sels

sub

ject

to

prov

isio

ns o

f su

b-ch

apte

r C

—U

nins

pect

ed V

es-

sels

23

56

78

Ves

sels

sub

ject

to

prov

isio

ns o

f su

b-ch

apte

r U

—O

cean

o-gr

aphi

c V

es-

sels

35

67

9

Ves

sels

sub

ject

to

the

prov

isio

ns o

fsu

bcha

pter

O—

Cer

-ta

in B

ulk

Dan

gero

usC

argo

es1

0

Col

umn

1C

olum

n 2

Col

umn

3C

olum

n 4

Col

umn

5C

olum

n 6

Col

umn

7C

olum

n 8

Ves

sels

ove

r 70

0gr

oss

tons

.A

ll ve

ssel

s ca

rryi

ngco

mbu

stib

le o

rfla

mm

able

liqu

idca

rgo

in b

ulk.

All

vess

els

carr

ying

pass

enge

rs f

orhi

re.

Tho

se v

esse

ls c

arry

-in

g da

nger

ous

car-

goes

whe

n re

-qu

ired

by 4

6 C

FR

part

98

or 4

9 C

FR

part

s 17

1–17

9.

Non

e...

......

......

......

...N

one

......

......

......

......

Do.

Non

-sel

f-pr

opel

led

......

.V

esse

ls le

ss t

han

100

gros

s to

ns.

All

vess

els

carr

ying

com

bust

ible

or

liq-

uid

carg

o in

bul

k.

All

vess

els

carr

ying

mor

e th

an 6

pas

-se

nger

s.7

Tho

se v

esse

ls c

arry

-in

g da

nger

ous

car-

goes

whe

n re

-qu

ired

by 4

9 C

FR

part

s 17

1–17

9.

All

barg

es c

arry

ing

pass

enge

rs e

xcep

tth

ose

cove

red

byco

lum

n 4.

Non

e...

......

......

......

...A

ll ta

nk b

arge

s ca

r-ry

ing

in b

ulk

the

carg

oes

liste

d in

Tab

le 1

51.0

5 of

this

cha

pter

.11

12

Ves

sels

100

gro

ssto

ns o

r ov

er.

All

vess

els

carr

ying

com

bust

ible

or

flam

mab

le li

quid

carg

o in

bul

k.

All

vess

els

carr

ying

pass

enge

rs f

orhi

re.

All

seag

oing

bar

ges

exce

pt t

hose

cov

-er

ed b

y co

lum

ns 3

and

4; a

nd t

hose

inla

nd b

arge

s ca

r-ry

ing

dang

erou

sca

rgoe

s w

hen

re-

quire

d by

49

CF

Rpa

rts

171–

179.

All

barg

es c

arry

ing

pass

enge

rs e

xcep

tth

ose

cove

red

byco

lum

ns 4

and

7.

All

seag

oing

bar

ges

enga

ged

in o

cean

-og

raph

ic r

esea

rch.

1W

here

len

gth

is u

sed

in t

his

tabl

e it

mea

ns t

he l

engt

h m

easu

red

from

end

to

end

over

the

dec

k, e

xclu

ding

she

er.

Thi

s ex

pres

sion

mea

ns a

str

aigh

t lin

e m

easu

rem

ent

of t

he o

vera

llle

ngth

fro

m t

he f

orem

ost

part

of

the

vess

el t

o th

e af

term

ost

part

of

the

vess

el,

mea

sure

d pa

ralle

l to

the

cent

erlin

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Sub

chap

ters

E (

Load

Lin

es),

F (

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ine

Eng

inee

ring)

, J

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al E

ngin

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and

N (

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gero

us C

argo

es)

of t

his

chap

ter

may

als

o be

app

licab

le u

nder

cer

tain

con

ditio

ns.

The

pro

vi-

sion

s of

49

CF

R p

arts

171

–179

app

ly w

hene

ver

haza

rdou

s m

ater

ials

are

on

boar

d ve

ssel

s (in

clud

ing

mot

orbo

ats)

, ex

cept

whe

n sp

ecifi

cally

exe

mpt

ed b

y la

w.

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ublic

nau

tical

sch

ools

hips

, ot

her

than

ves

sels

of

the

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d C

oast

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rd,

shal

l mee

t th

e re

quire

men

ts o

f pa

rt 1

67 o

f su

bcha

pter

R (

Nau

tical

Sch

ools

) of

thi

s ch

apte

r. C

ivili

an n

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ship

s, a

s de

fined

by

46 U

.S.C

. 13

31,

shal

l mee

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quire

men

ts o

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esse

ls)

and

part

168

of

subc

hapt

er R

(N

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of t

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ter.

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ubch

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r H

(P

asse

nger

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sels

) of

thi

s ch

apte

r co

vers

onl

y th

ose

vess

els

of 1

00 g

ross

ton

s or

mor

e. S

ubch

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r T

(S

mal

l P

asse

nger

Ves

sels

) of

thi

s ch

apte

r co

vers

onl

y th

ose

ves-

sels

of

less

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n 10

0 gr

oss

tons

.5

Ves

sels

cov

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by

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(P

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sels

) or

I (

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go a

nd M

isce

llane

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Ves

sels

) of

thi

s ch

apte

r, w

here

the

prin

cipa

l pur

pose

or

use

of t

he v

esse

l is

not

for

the

carr

iage

of

liqui

d ca

rgo,

may

be

gran

ted

a pe

rmit

to c

arry

a li

mite

d am

ount

of

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mab

le o

r co

mbu

stib

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quid

car

go in

bul

k. T

he p

ortio

n of

the

ves

sel u

sed

for

the

carr

iage

of

the

flam

mab

le o

r co

mbu

s-tib

le l

iqui

d ca

rgo

shal

l m

eet

the

requ

irem

ents

of

subc

hapt

er D

(T

ank

Ves

sels

) in

add

ition

to

the

requ

irem

ents

of

subc

hapt

er H

(P

asse

nger

Ves

sels

) or

I (

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go a

nd M

isce

llane

ous

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sels

)of

thi

s ch

apte

r.6

Any

ves

sel o

n an

inte

rnat

iona

l voy

age

is s

ubje

ct t

o th

e re

quire

men

ts o

f th

e In

tern

atio

nal C

onve

ntio

n fo

r S

afet

y of

Life

at

Sea

, 19

74.

7T

he m

eani

ng o

f th

e te

rm p

asse

nger

is a

s de

fined

in t

he A

ct o

f M

ay 1

0, 1

956

(Sec

. 1,

70,

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t. 15

1; 4

6 U

.S.C

. 30

0).

On

ocea

nogr

aphi

c ve

ssel

s sc

ient

ific

pers

onne

l on

boar

d sh

all n

ot b

ede

emed

to

be p

asse

nger

s no

r se

amen

, bu

t fo

r ca

lcul

atio

ns o

f lif

esav

ing

equi

pmen

t, et

c.,

shal

l be

coun

ted

as p

erso

ns.


265


8B

oile

rs a

nd m

achi

nery

are

sub

ject

to

exam

inat

ion

on v

esse

ls o

ver

40 f

eet

in le

ngth

.9

Und

er 4

6 U

.S.C

. 44

1 an

oce

anog

raph

ic r

esea

rch

vess

el i

s a

vess

el ‘

‘**

* be

ing

empl

oyed

exc

lusi

vely

in

inst

ruct

ion

in o

cean

ogra

phy

or l

imno

logy

, or

bot

h, o

r ex

clus

ivel

y in

oce

ano-

grap

hic

rese

arch

, *

**.

’’ U

nder

46

U.S

.C.

443,

‘‘an

oce

anog

raph

ic r

esea

rch

vess

el s

hall

not

be d

eem

ed t

o be

eng

aged

in t

rade

or

com

mer

ce.’’

If

or w

hen

an o

cean

ogra

phic

ves

sel e

ngag

esin

tra

de o

r co

mm

erce

, su

ch v

esse

l ca

nnot

ope

rate

und

er i

ts c

ertif

icat

e of

ins

pect

ion

as a

n oc

eano

grap

hic

vess

el,

but

shal

l be

ins

pect

ed a

nd c

ertif

icat

ed f

or t

he s

ervi

ce i

n w

hich

eng

aged

,an

d th

e sc

ient

ific

pers

onne

l abo

ard

then

bec

ome

pers

ons

empl

oyed

in t

he b

usin

ess

of t

he v

esse

l.1

0B

ulk

dang

erou

s ca

rgoe

s ar

e ca

rgoe

s sp

ecifi

ed in

tab

le 1

51.0

1–10

(b),

in t

able

I o

f pa

rt 1

53,

and

in t

able

4 o

f pa

rt 1

54 o

f th

is c

hapt

er.

11

For

man

ned

tank

bar

ges

see

§15

1.01

–10(

e) o

f th

is c

hapt

er.

12

Life

savi

ng d

evic

e re

quire

men

ts o

f su

bpar

t 25

.25

only

.

[CG

FR

65–

50,

30 F

R 1

6650

, D

ec.

30,

1965

, as

am

ended

by

CG

FR

67–

33,

33 F

R 1

104,

Jan

. 27

, 19

68;

CG

FR

70–

10,

35 F

R 3

707,

Feb

. 25

, 19

70;

CG

D 7

2–17

2R,

38 F

R 3

116,

Mar.

28,

1973

; C

GD

73–

96,

42 F

R 4

9023

, S

ept.

26,

197

7; C

GD

86–

033,

53

FR

360

23,

Sep

t. 1

6, 1

988;

53

FR

468

71,

Nov.

21,

1988

; C

GD

90–

008,

55

FR

306

59,

Ju

ly 2

6, 1

990]


266

46 CFR Ch. I (10–1–96 Edition)§ 24.05–5

§ 24.05–5 Specific application noted intext.

(a) At the beginning of the variousparts, subparts, and sections, a morespecific application is generally givenfor the particular portion of the textinvolved. This application sets forththe types, sizes, or services of vesselsto which the text pertains, and inmany cases limits the application ofthe text to vessels contracted for be-fore or after a specific date. As used inthis subchapter, the term vessels con-tracted for includes not only the con-tracting for the construction of a ves-sel, but also the contracting for a ma-terial alteration to a vessel, the con-tracting for the conversion of a vesselto a passenger vessel, and the changingof service or route of a vessel if suchchange increases or modifies the gen-eral requirements for the vessel or in-creases the hazards to which it mightbe subjected.

Subpart 24.10—Definition of TermsUsed in This subchapter

§ 24.10–1 Approved.This term means approved by the

Commandant unless otherwise stated.

§ 24.10–2 Barge.This term means any vessel not

equipped with means of self-propulsion.

[CGFR 68–32, 33 FR 5711, Apr. 12, 1968]

§ 24.10–3 Carrying passengers for hire.The carriage of any person or persons

by a vessel for a valuable consider-ation, whether directly or indirectlyflowing to the owner, charterer, opera-tor, agent or any other person inter-ested in the vessel.

§ 24.10–5 Carrying freight for hire.The carriage of any goods, wares, or

merchandise or any other freight for avaluable consideration, whether di-rectly or indirectly flowing to theowner, charterer, operator, agent, orany other person interested in the ves-sel.

§ 24.10–7 Commandant.This term means the Commandant of

the Coast Guard.

§ 24.10–9 Coast Guard District Com-mander.

This term means an officer of theCoast Guard designated as such by theCommandant to command all CoastGuard activities within his district,which include the inspection, enforce-ment, and administration of title 52,Revised Statutes, and acts amendatorythereof or supplemental thereto, andrules and regulations thereunder.

§ 24.10–11 Headquarters.

This term means the Office of theCommandant, Washington, DC.

§ 24.10–13 International voyage.

(a) This section describes those voy-ages which are considered to be ‘‘inter-national voyages’’ for the purposes ofthis subchapter.

(b) Except as provided in paragraph(c) of this section, the term inter-national voyage as used in this sub-chapter shall have the same meaningas that contained in Regulation 2(d),chapter I of the International Conven-tion for Safety of Life at Sea, 1974, i.e.,‘‘International voyage means a voyagefrom a country to which the presentconvention applies to a port outsidesuch country, or conversely.’’

(c) The International Convention forSafety of Life at Sea, 1974, does notapply to vessels ‘‘solely navigating theGreat Lakes of North America and theRiver St. Lawrence as far east as astraight line drawn from Cap deRosiers to West Point, Anticosti Islandand, on the north side of Anticosti Is-land, the 63d Meridian.’’ Accordingly,such vessels shall not be considered asbeing on an international voyage for thepurpose of this subchapter.

(d) In addition, although voyages be-tween the continental United Statesand Hawaii or Alaska, and voyages be-tween Hawaii and Alaska are not inter-national voyages under the provisions ofthe International Convention for Safe-ty of Life at Sea, 1974, such voyages aresimilar in nature and shall be consid-ered as international voyages for thepurposes of this subchapter.

[CGD 90–008, 55 FR 30659, July 26, 1990]


267


§ 24.10–15 Marine inspector or inspec-tor.

These terms mean any person fromthe civilian or military branch of theCoast Guard assigned under the super-intendence and direction of an Officerin Charge, Marine Inspection, or anyother person as may be designated forthe performance of duties with respectto the inspection, enforcement, and ad-ministration of title 52, Revised Stat-utes, and acts amendatory thereof orsupplemental thereto, and rules andregulations thereunder.

§ 24.10–17 Motorboat.

(a) This term means any vessel indi-cated in column 6 of Table 24.05–1(a), 65feet in length or less which is equippedwith propulsion machinery (includingsteam). The length shall be measuredfrom end to end over the deck exclud-ing sheer. This term includes a boattemporarily or permanently equippedwith a detachable motor, since such aboat is also subject to the Act of April25, 1940, as amended (46 U.S.C. 526–526u),and the regulations promulgated there-under. For the purpose of this sub-chapter, motorboats are included underthe term vessel unless specificallynoted otherwise. The various classes ofmotorboats are as follows:

Class A—Any motorboat less than 16 feetin length.

Class 1—Any motorboat 16 feet or over andless than 26 feet in length.

Class 2—Any motorboat 26 feet or over andless than 40 feet in length.

Class 3—Any motorboat 40 feet or over andnot more than 65 feet in length.

(b) The expression ‘‘length shall bemeasured from end to end over thedeck excluding sheer’’ means a straightline measurement of the overall lengthfrom the foremost part of the vessel tothe aftermost part of the vessel, meas-ured parallel to the centerline. Bowsprits, bumpkins, rudders, outboardmotor brackets, and similar fittings orattachments, are not to be included inthe measurement. Length shall be stat-ed in feet and inches.

[CGFR 65–50, 30 FR 16650, Dec. 30, 1965, asamended by CGFR 69–18, 34 FR 5723, Mar. 27,1969]

§ 24.10–19 Motor vessel.This term means any vessel more

than 65 feet in length, which is pro-pelled by machinery other than steam.

§ 24.10–20 Oceanographic research ves-sel.

An oceanographic research vessel is avessel which the U.S. Coast Guard findsis employed exclusively in one or moreof the following:

(a) Oceanographic instruction;(b) Limnologic instruction;(c) Oceanographic research; or(d) Limnologic research.

[CGD 77–0811, 46 FR 56204, Nov. 16, 1981]

§ 24.10–21 Officer in Charge, MarineInspection.

This term means any person from thecivilian or military branch of the CoastGuard designated as such by the Com-mandant and who, under the super-intendence and direction of the CoastGuard District Commander, is incharge of an inspection zone for theperformance of duties with respect tothe inspections, enforcement, and ad-ministration of title 52, Revised Stat-utes, and acts amendatory thereof orsupplemental thereto, and rules andregulations thereunder.

§ 24.10–23 Passenger.A passenger is every person, other

than the master and the members ofthe crew or other persons employed orengaged in any capacity on board avessel in the business of that vessel. Inthe case of a vessel on an internationalvoyage a child under one year of age isnot counted as a passenger.

§ 24.10–27 Vessel.Where the word vessel is used in this

subchapter, it shall be considered to in-clude all vessels indicated in Column 6of Table 24.05–1(a), except as otherwisenoted in this subpart.

Subpart 24.15—Equivalents

§ 24.15–1 Conditions under whichequivalents may be used.

(a) Where in this subchapter it is pro-vided that a particular fitting, mate-rial, appliance, apparatus, or equip-ment, or type thereof, shall be fitted or


268

46 CFR Ch. I (10–1–96 Edition)§ 24.15–5

carried in a vessel, or that any particu-lar provision shall be made or arrange-ment shall be adopted, the Com-mandant may accept in substitutiontherefor any other fitting, material,apparatus, or equipment, or type there-of, or any other arrangement: Provided,That he shall have been satisfied bysuitable trials that the fitting, mate-rial, appliance, apparatus, or equip-ment, or type thereof, or the provisionor arrangement is at least as effectiveas that specified in this subchapter.

(b) In any case where it is shown tothe satisfaction of the Commandantthat the use of any particular equip-ment, apparatus, or arrangement notspecifically required by law is unrea-sonable or impracticable, the Com-mandant may permit the use of alter-nate equipment, apparatus, or arrange-ment to such an extent and upon suchconditions as will insure to his satis-faction, a degree of safety consistentwith the minimum standards set forthin this subchapter.

§ 24.15–5 Canadian pleasure craft tem-porarily using navigable waters ofthe United States.

(a) Uninspected Canadian pleasurecraft (uninspected vessels) temporarilyusing navigable waters of the UnitedStates may carry in lieu of the equip-ment required by the Motorboat Act of1940 (46 U.S.C. 526–526u) and the regula-tions in this subchapter, the equipmentas required by the laws of the Domin-ion of Canada and the regulations ofthe Department of Transport, Ottawa,Canada.

Subpart 24.20—General MarineEngineering Requirements

§ 24.20–1 Marine engineering details.

(a) All marine engineering detailsrelative to the design, construction,and testing of boilers and machineryon steam-propelled motorboats of over40 feet in length will be found in sub-chapter F (Marine Engineering) of thischapter.

PART 25—REQUIREMENTS

Subpart 25.01—ApplicationSec.25.01–1 Applicable to all vessels.

25.01–3 Incorporation by reference.25.01–5 OMB control numbers assigned pur-

suant to the Paperwork Reduction Act.

Subpart 25.25—Life Preservers and OtherLifesaving Equipment

25.25–1 Application.25.25–3 Definitions.25.25–5 Life preservers and other lifesaving

equipment required.25.25–7 Marking.25.25–9 Storage.25.25–11 Condition.25.25–13 Personal flotation device lights.25.25–15 Retroreflective material for per-

sonal flotation devices.

Subpart 25.26—Emergency PositionIndicating Radio Beacons (EPIRB)

25.26–1 Definitions.25.26–5 Commercial fishing industry vessels.25.26–10 Uninspected passenger vessels.25.26–20 Other manned uninspected commer-

cial vessels.25.26–30 121.5/243.0 MHz EPIRBs.25.26–50 Servicing of EPIRBs.25.26–60 Exemptions.

Subpart 25.30—Fire ExtinguishingEquipment

25.30–1 Application.25.30–5 General provisions.25.30–10 Hand portable fire extinguishers

and semiportable fire extinguishing sys-tems.

25.30–15 Fixed fire extinguishing systems.25.30–20 Fire extinguishing equipment re-

quired.25.30–90 Vessels contracted for prior to No-

vember 19, 1952.

Subpart 25.35—Backfire Flame Control

25.35–1 Requirements.

Subpart 25.40—Ventilation

25.40–1 Tanks and engine spaces.

Subpart 25.45—Cooking, Heating, andLighting Systems

25.45–1 Heating and lighting systems on ves-sels carrying passengers for hire.

25.45–2 Cooking systems on vessels carryingpassengers for hire.

Subpart 25.50—Garbage Retention

25.50–1 Criteria.

AUTHORITY: 33 U.S.C. 1903(b); 46 U.S.C. 3306,4302; 49 CFR 1.46.


269




§ 25.01–1 Applicable to all vessels.(a) The provisions of this part shall

apply to all vessels except as specifi-cally noted.

§ 25.01–3 Incorporation by reference.(a) Certain material is incorporated

by reference into this part with the ap-proval of the Director of the FederalRegister in accordance with 5 U.S.C.552(a). To enforce any edition otherthan that specified in paragraph (b) ofthis section, the Coast Guard mustpublish notice of change in the FED-ERAL REGISTER and make the materialavailable to the public. All approvedmaterial is on file at the Office of theFederal Register, 800 North CapitolStreet, NW., suite 700, Washington, DCand at the U.S. Coast Guard, Office ofCompliance (G–MOC), 2100 SecondStreet SW., Washington, DC 20593–0001and is available from the sources indi-cated in paragraph (b) of this section.

(b) The material approved for incor-poration by reference in this part andthe sections affected are:

American Boat and Yacht Council (ABYC)

3069 Solomons Island Road, Edgewater, MD21037

Standard A–1–78, Marine LPG-Lique-fied Petroleum Gas Systems, De-cember 15, 1978 ................................25.45–2

Standard A–22–78, Marine CNG-Com-pressed Natural Gas Systems, De-cember 15, 1978 ................................25.45–2

National Fire Protection Association (NFPA)

1 Batterymarch Park, Quincy, MA 02269NFPA 302, Fire Protection Standard

for Pleasure and CommercialMotor Craft, 1989.............................25.45–2

Society of Automotive Engineers (SAE)

400 Commonwealth Drive, Warrendale, PA15096

SAE J–1928, Devices Providing Back-fire Flame Control for GasolineEngines in Marine Applications,June 1989 .........................................25.35–1

Underwriter’s Laboratories (UL)

12 Laboratory Drive, Research TrianglePark, NC 27709

UL 1111, Marine Carburetor Flame Ar-

restors, June 1988............................25.35–1

[CGD 88–032, 56 FR 35820, July 29, 1991, asamended by CGD 95–072, 60 FR 50461, Sept. 29,1995; CGD 95–072, 60 FR 54106, Oct. 19, 1995;CGD 96–041, 61 FR 50726, Sept. 27, 1996]

§ 25.01–5 OMB control numbers as-signed pursuant to the PaperworkReduction Act.

(a) Purpose. This section collects anddisplays the control numbers assignedto information collection and record-keeping requirements in this sub-chapter by the Office of Managementand Budget (OMB) pursuant to the Pa-perwork Reduction Act of 1980 (44U.S.C. 3501 et seq.). The Coast Guard in-tends that this section comply with therequirements of 44 U.S.C. 3507(f), whichrequires that agencies display a cur-rent control number assigned by theDirector of the OMB for each approvedagency information collection require-ment.

(b) Display.

46 CFR part or section where identified or de-scribed

CurrentOMB con-

trol No.

§ 25.45–2 ........................................................... 2115.0549

[CGD 83–013, 54 FR 6401, Feb. 10, 1989 and CGD83–013, 55 FR 3959, Feb. 6, 1990]

Subpart 25.25—Life Preservers andOther Lifesaving Equipment

SOURCE: CGD 72–172R, 38 FR 8117, Mar. 28,1973, unless otherwise noted.

§ 25.25–1 Application.

This subpart applies to each vessel towhich this part applies, except:

(a) Vessels used for noncommercialuse;

(b) Vessels leased, rented, or char-tered to another for the latter’s non-commercial use;

(c) Commercial vessels propelled bysail not carrying passengers for hire; or

(d) Commercial barges not carryingpassengers for hire.

§ 25.25–3 Definitions.

As used in this subpart:(a) Approved means approved under

subchapter Q of this chapter.(b) Use means operate, navigate, or

employ.


270

46 CFR Ch. I (10–1–96 Edition)§ 25.25–5

§ 25.25–5 Life preservers and otherlifesaving equipment required.

(a) No person may operate a vessel towhich this subpart applies unless itmeets the requirements of this subpart.

(b) Each vessel not carrying pas-sengers for hire, less than 40 feet inlength must have at least one life pre-server (Type I PFD), buoyant vest(Type II PFD), or marine buoyant de-vice intended to be worn (Type IIIPFD), approved under subchapter Q ofa suitable size for each person onboard. Kapok and fibrous glass life pre-servers that do not have plastic-cov-ered pad inserts as required by sub-parts 160.062 and 160.005 of this chapterare not acceptable as equipment re-quired by this paragraph.

(c) Each vessel carrying passengersfor hire and each vessel 40 feet inlength or longer not carrying pas-sengers for hire must have at least onelife preserver approved under sub-chapter Q of a suitable size for eachperson on board. Kapok and fibrousglass life preservers which do not haveplastic-covered pad inserts as requiredby subparts 160.002 and 160.005 of thischapter are not acceptable as equip-ment required by this paragraph.

(d) In addition to the equipment re-quired by paragraph (b) or (c) of thissection, each vessel 26 feet in length orlonger must have at least one approvedring life buoy, constructed in accord-ance with subpart 160.050 of this chap-ter; except a ring life buoy that was ap-proved under former subpart 160.009 ofthis chapter may be used as long as itis in good and serviceable condition.

(e) Each vessel not carrying pas-sengers for hire may substitute an ex-posure suit for a life preserver, buoyantvest, or marine buoyant device re-quired under paragraphs (b) or (c) ofthis section. Each exposure suit carriedin accordance with this paragraphmust be of a type approved under sub-part 160.071 of this chapter.

(f) On each vessel, regardless oflength and regardless of whether carry-ing passengers for hire, an approvedcommercial hybrid PFD may be sub-stituted for a life preserver, buoyantvest, or marine buoyant device re-quired under paragraphs (b) or (c) ofthis section if it is—

(1) Used in accordance with the con-ditions marked on the PFD and in theowner’s manual;

(2) Labeled for use on commercialvessels; and

(3) In the case of a Type V commer-cial hybrid PFD, worn when the vesselis underway and the intended wearer isnot within an enclosed space.

[CGD 72–172R, 38 FR 8117, Mar. 28, 1973, asamended by CGD 77–081, 47 FR 10558, Mar. 11,1982; CGD 82–075a, 49 FR 4483, Feb. 7, 1984;CGD 78–174A, 51 FR 4350, Feb. 4, 1986; CGD 78–174, 60 FR 2485, Jan. 9, 1995]

§ 25.25–7 Marking.The lifesaving equipment required by

this subpart must be legibly marked asspecified in subchapter Q of this chap-ter.

§ 25.25–9 Storage.(a) The lifesaving equipment de-

signed to be worn required in § 25.25–5(b), (c) and (e) must be readily acces-sible.

(b) Lifesaving equipment designed tobe thrown required in § 25.25–5(d) mustbe immediately available.

[CGD 72–172R, 38 FR 8117, Mar. 28, 1973, asamended by CGD 82–075a, 49 FR 4483, Feb. 7,1984]

§ 25.25–11 Condition.The lifesaving equipment required by

this subpart must be in serviceablecondition.

§ 25.25–13 Personal flotation devicelights.

(a) This section applies to vessels de-scribed in § 25.25–1 that engage inocean, coastwise, or Great Lakes voy-ages.

(b) Each exposure suit carried in ac-cordance with § 25.25–5(e), each life pre-server, each marine buoyant device in-tended to be worn, and each buoyantvest must have a personal flotation de-vice light that is approved under sub-part 161.012 of this chapter.

(c) Each personal flotation devicelight required by this section must besecurely attached to the front shoulderarea of the exposure suit, life pre-server, or other personal flotation de-vice.

(d) If a personal flotation device lighthas a non-replaceable power source, the


271


light must be replaced on or before theexpiration date of the power source. Ifthe light has a replaceable powersource, the power source must be re-placed on or before its expiration dateand the light must be replaced when itis no longer serviceable.

[44 FR 38783, July 2, 1979, as amended by CGD82–075a, 49 FR 4483, Feb. 7, 1984]

§ 25.25–15 Retroreflective material forpersonal flotation devices.

(a) Each life preserver, each marinebuoyant device intended to be worn,and each buoyant vest carried on a ves-sel must have Type I retroreflectivematerial that is approved under sub-part 164.018 of this chapter.

(b) Each item required to have ret-roreflective material must have atleast 200 sq. cm (31 sq. in.) of materialattached to its front side, at least 200sq. cm of material on its back side,and, if the item is reversible, at least200 sq. cm of material on each of its re-versible sides. The material attachedon each side of the item must be di-vided equally between the upper quad-rants of the side, and the material ineach quadrant must be attached asclosely as possible to the shoulder areaof the item.

[CGD 76–028, 44 FR 38783, July 2, 1979, asamended by CGD 82–075a, 49 FR 4483, Feb. 7,1984]

Subpart 25.26—Emergency Posi-tion Indicating Radio Beacons(EPIRB)

SOURCE: CGD 87–016a, 58 FR 13367, Mar. 10,1993 unless otherwise noted.

§ 25.26–1 Definitions.As used in this subpart:Berthing space means a space that is

intended to be used for sleeping and isprovided with installed bunks and mat-tresses.

EPIRB means an Emergency PositionIndicating Radiobeacon which is TypeAccepted by the Federal Communica-tions Commission under requirementsin 47 CFR parts 2 and 80.

Galley means a space that providesfor the preparation and extended stor-age of food. This does not include smallalcohol or propane stoves with limited

cooking capability, or ice chests orsimilar devices that are intended forkeeping small quantities of food forshort durations.

High seas means the waters beyond aline three nautical miles seaward ofthe Territorial Sea Baseline as definedin 33 CFR 2.05–10.

Length means the length listed on avessel’s Certificate of Documentationor Certificate of Number.

Uninspected passenger vessel means avessel which, when used for commer-cial service, is used solely to carry pas-sengers for hire or to provide non-emergency assistance to boaters (as-sistance towing), and which is not in-spected by the Coast Guard under anyother 46 CFR subchapter.

NOTE: As an example, a vessel on a voyageinvolving catching fish which are to be sold,is a commercial fishing industry vessel forthe purposes of the EPIRB regulations inthis section, even if there are passengers onboard during the voyage.

§ 25.26–5 Commercial fishing industryvessels.

(a) The owner of a fishing vessel, afish processing vessel, or a fish tendervessel, 11 meters (36 feet) or more inlength, except for vessels described inparagraph (b) or (c) of this section,shall ensure that the vessel does notoperate on the high seas or beyondthree miles from the coastline of theGreat Lakes unless it has on board afloat-free, automatically activatedCategory 1 406 MHz EPIRB stowed in amanner so that it will float-free if thevessel sinks.

(b) After March 10, 1994, the owner ofa fishing vessel, fish processing vessel,or a fish tender vessel less than 11 me-ters (36 feet) in length, or 11 meters ormore in length which has a builder’scertification that the vessel is con-structed with sufficient inherentlybuoyant material to keep the floodedvessel afloat, shall ensure that the ves-sel does not operate on the high seas orbeyond three miles from the coastlineof the Great Lakes, unless it has in-stalled in a readily accessible locationat or near the principal steering sta-tion—

(1) A manually activated Category 2406 MHz EPIRB; or


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46 CFR Ch. I (10–1–96 Edition)§ 25.26–10

(2) A float-free, automatically acti-vated Category 1 406 MHz EPIRB; or

(3) Until February 1, 1998, a 121.5/243.0MHz EPIRB meeting § 25.26–30.

(c) After March 10, 1994, the owner ofa fishing vessel, fish processing vessel,or a fish tender vessel 11 meters (36feet) or more in length that does nothave installed galley or berthing facili-ties, shall ensure that the vessel doesnot operate on the high seas or beyondthree miles from the coastline of theGreat Lakes unless it has on board—

(1) A float-free, automatically acti-vated Category 1 406 MHz EPIRBstowed in a manner so that it will floatfree if the vessel sinks; or

(2) Until February 1, 1998, a 121.5/243.0MHz EPIRB meeting § 25.26–30(a).

[CGD 87–016a, 58 FR 13367, Mar. 10, 1993; 58 FR27658, May 11, 1993]

§ 25.26–10 Uninspected passenger ves-sels.

An uninspected passenger vessel isnot required to carry an EPIRB.

§ 25.26–20 Other manned uninspectedcommercial vessels.

(a) After March 10, 1994, the owner ofa manned uninspected commercial ves-sel 11 meters (36 feet) or more inlength, other than a vessel under§ 25.26–5 or § 25.26–10 or under paragraph(b) of this section, shall ensure that thevessel does not operate on the highseas or beyond three miles from thecoastline of the Great Lakes, unless ithas on board—

(1) A float-free, automatically acti-vated Category 1 406 MHz EPIRBstowed in a manner so that it will floatfree if the vessel sinks; or


(b) After March 10, 1994, the owner ofa manned uninspected commercial ves-sel less than 11 meters (36 feet) inlength, or 11 meters or more in lengthwhich has a builder’s certification thatthe vessel is constructed with suffi-cient inherently buoyant material tokeep the flooded vessel afloat, shall en-sure that the vessel does not operateon the high seas or beyond three milesfrom the coastline of the Great Lakes,unless it has installed in a readily ac-cessible location at or near the prin-cipal steering station—

(1) A manually activated Category 2406 MHz EPIRB; or

(2) A float-free, automatically acti-vated Category 1 406 MHz EPIRB; or


[CGD 87–016a, 58 FR 13367, Mar. 10, 1993; 58 FR27658, May 11, 1993]

§ 25.26–30 121.5/243.0 MHz EPIRBs.

A 121.5/243.0 MHz EPIRB manufac-tured after October 1, 1988, may be usedto meet certain requirements of § 25.26–5 and § 25.26–20, if the EPIRB is operableand was installed on the vessel on orbefore April 26, 1993. The EPIRB mustbe a Class A EPIRB, or a Class BEPIRB which is watertight, self-buoy-ant, and stable in a floating position toproperly transmit a distress signal.

§ 25.26–50 Servicing of EPIRBs.

(a) The master of each vessel re-quired to have an EPIRB under thissubpart shall ensure that each EPIRBon board is tested and serviced as re-quired by this section.

(b) The EPIRB must be tested imme-diately after installation and at leastonce each month thereafter, unless itis an EPIRB installed in a Coast Guardapproved inflatable liferaft that is test-ed annually during the servicing of theliferaft by an approved servicing facil-ity. The test shall be conducted in ac-cordance with the manufacturer’s in-structions, using the visual or audio in-dicator on the EPIRB. If the EPIRB isnot operating, it must be repaired orreplaced with an operating EPIRB.

(c) The battery of the EPIRB must bereplaced—

(1) Immediately after the EPIRB isused for any purpose other than beingtested; and

(2) Before the expiration date that ismarked on the battery.

[CGD 87–016a, 58 FR 13367, Mar. 10, 1993; 58 FR27658, May 11, 1993]

§ 25.26–60 Exemptions.

(a) A skiff or work boat is not re-quired to carry an EPIRB if—

(1) Its ‘‘mother ship’’ is required tocarry an EPIRB under this subpart;and


273


(2) When not in use, the skiff or workboat is carried on board the mothership.

(b) Each Coast Guard District Com-mander may, on a case-by-case basis,grant exemptions from the carriage re-quirements of EPIRBs in this subpartfor certain geographic areas within theboundaries of his or her own district ifthe District Commander determinesthat an EPIRB will not significantlyenhance the overall safety of the vesseland crew. Exemptions may be limitedto specific time periods. Exemptionsgranted under this paragraph must be:

(1) Issued in writing by the cognizantCoast Guard District Commander foreach individual application; and

(2) For geographic locations and maybe limited to specific time periods.

Subpart 25.30—Fire ExtinguishingEquipment

§ 25.30–1 Application.(a) The provisions of this subpart,

with the exception of § 25.30–90, shallapply to all vessels contracted for on orafter November 19, 1952. Vessels con-tracted for prior to that date shallmeet the requirements of § 25.30–90.

§ 25.30–5 General provisions.(a) Where equipment in this subpart

is required to be of an approved type,such equipment requires the specificapproval of the Commandant. Such ap-provals are published in the FEDERALREGISTER, and in addition, are con-tained in Coast Guard publicationCOMDTINST M16714.3 (Series), Equip-ment Lists.

(b) All hand portable fire extinguish-ers, semiportable fire extinguishingsystems, and fixed fire extinguishingsystems shall be of an approved type.

[CGFR 65–50, 30 FR 16653, Dec. 30, 1965, asamended by CGD 96–041, 61 FR 50726, Sept. 27,1996]

§ 25.30–10 Hand portable fire extin-guishers and semiportable fire ex-tinguishing systems.

(a) Hand portable fire extinguishersand semiportable fire extinguishingsystems are classified by a combina-tion letter and number symbol. Theletter indicating the type of fire whichthe unit could be expected to extin-

guish, and the number indicating therelative size of the unit.

(b) For the purpose of this sub-chapter, all required hand portable fireextinguishers and semiportable fire ex-tinguishing systems are of the ‘‘B’’type; i.e., suitable for extinguishingfires involving flammable liquids,greases, etc.

(c) The number designations for sizewill start with ‘‘I’’ for the smallest to‘‘V’’ for the largest. For the purpose ofthis subchapter, only sizes I throughIII will be considered. Sizes I and II areconsidered hand portable fire extin-guishers and sizes III, IV, and V areconsidered semiportable fire extin-guishing systems which shall be fittedwith suitable hose and nozzle or otherpracticable means so that all portionsof the space concerned may be covered.Examples of size graduations for someof the typical hand portable fire extin-guishers and semiportable fire extin-guishing systems are set forth in Table25.30–10(c).

TABLE 25.30–10(c)

Classification Foam, gal-lons

Carbon Di-oxide,

pounds

Dry chemi-cal,

poundsType Size

B ............ I ............. 13⁄4 4 2B ............ II ............ 21⁄2 15 10B ............ III ........... 12 35 20

(d) All hand portable fire extinguish-ers and semiportable fire extinguishingsystems shall have permanently at-tached thereto a metallic name plategiving the name of the item, the ratedcapacity in gallons, quarts, or pounds,the name and address of the person orfirm for whom approved, and the iden-tifying mark of the actual manufac-turer.

(e) Vaporizing-liquid type fire extin-guishers containing carbon tetra-chloride or chlorobromomethane orother toxic vaporizing liquids are notacceptable as equipment required bythis subchapter.

(f) Hand portable or semiportable ex-tinguishers which are required on theirname plates to be protected from freez-ing shall not be located where freezingtemperatures may be expected.

(g) The use of dry chemical, storedpressure, fire extinguishers not fittedwith pressure gauges or indicating de-vices, manufactured prior to January 1,


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46 CFR Ch. I (10–1–96 Edition)§ 25.30–15

1965, may be permitted on motorboatsand other vessels so long as such extin-guishers are maintained in good andserviceable condition. The followingmaintenance and inspections are re-quired for such extinguishers:

(1) When the date on the inspectionrecord tag on the extinguishers showsthat 6 months have elapsed since lastweight check ashore, then such extin-guisher is no longer accepted as meet-ing required maintenance conditionsuntil reweighed ashore and found to bein a serviceable condition and withinrequired weight conditions.

(2) If the weight of the container is 1⁄4ounce less than that stamped on con-tainer, it shall be serviced.

(3) If the outer seal or seals (whichindicate tampering or use when bro-ken) are not intact, the boarding offi-cer or marine inspector will inspectsuch extinguisher to see that the fran-gible disc in neck of the container isintact; and if such disc is not intact,the container shall be serviced.

(4) If there is evidence of damage,use, or leakage, such as dry chemicalpowder observed in the nozzle or else-where on the extinguisher, the con-tainer shall be replaced with a new oneand the extinguisher properly servicedor the extinguisher replaced with an-other approved extinguisher.

(h) The dry chemical, stored pres-sure, fire extinguishers without pres-sure gauges or indicating devices man-ufactured after January 1, 1965, shallnot be labeled with the marine typelabel bed in § 162.028–4 of this title norshall such extinguishers manufacturedafter January 1, 1965, be carried onboard motorboats or other vessels asrequired equipment.

[CGFR 65–50, 30 FR 16653, Dec. 30, 1965, asamended by CGFR 68–32, 33 FR 5711, Apr. 12,1968; CGFR 69–18, 34 FR 5723, Mar. 27, 1969]

§ 25.30–15 Fixed fire extinguishing sys-tems.

(a) When a fixed fire extinguishingsystem is installed, it shall be of an ap-proved carbon dioxide type, designedand installed in agreement with the ap-plicable provisions of subpart 76.15 ofsubchapter H (Passenger Vessels) ofthis chapter.

§ 25.30–20 Fire extinguishing equip-ment required.

(a) Motorboats. (1) All motorboatsshall carry at least the minimum num-ber of hand portable fire extinguishersset forth in Table 25.30–20(a)(1), exceptthat motorboats less than 26 feet inlength, propelled by outboard motorsand not carrying passengers for hire,need not carry such portable fire extin-guishers if the construction of suchmotorboats will not permit the entrap-ment of explosive or flammable gasesor vapors.

TABLE 25.30–20(a)(1)

Classof

motorboat

Length, feet

Minimum number ofB–I hand portable

fire extinguishers re-quired1

No fixedfire extin-guishingsystem inmachin-

eryspace

Fixed fireextin-

guishingsystem inmachin-

eryspace

A Under 16 ............................... 1 01 16 and over, but under 26 .... 1 02 26 and over, but under 40 .... 2 13 40 and over, but not over 65 3 2

1 One B–II hand portable fire extinguisher may be sub-stituted for two B–I hand portable fire extinguishers.

(2) The intent of this regulation is il-lustrated in Figure 25.30–20(a1) wherefire extinguishers are required if anyone or more of the specified conditionsexist, and in Figure 25.30–20(a2) wherespecified conditions do not, in them-selves, require that fire extinguishersbe carried.

FIGURE 25.30–20(a1)Fire extinguishers are required if any one

or more of the following conditions exist(numbers identifying conditions are thesame as those placed in Figure 25.30–20 (a1)):

1. Closed compartment under thwarts andseats wherein portable fuel tanks may bestored.

2. Double bottoms not sealed to the hull orwhich are not completely filled with flota-tion material.

3. Close living spaces.


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4. Closed stowage compartments in whichcombustible or flammable materials arestowed.

5. Permanently installed fuel tanks.

FIGURE 25.30–20(a2).The following conditions do not, in them-

selves, require that fire extinguishers be car-ried (numbers identifying conditions are thesame as those placed in Figure 25.30–20(a2)):

1. Bait wells.2. Glove compartments.3. Buoyant flotation material.4. Open slatted flooring.5. Ice chests.

(b) Motor vessels. (1) All motor vesselsshall carry at least the minimum num-ber of hand portable fire extinguishersset forth in Table 25.30–20(b) (1).

TABLE 25.30–20(b)(1)

Gross tonnage— Minimum number of B–II handportable fire extinguishersOver Not over

.................. 50 150 ............. 100 2100 ........... 500 3500 ........... 1,000 61,000 ........ ................ 8

(2) In addition to the hand portablefire extinguishers required by para-graph (b)(1) of this section, the follow-ing fire-extinguishing equipment shallbe fitted in the machinery space:

(i) One Type B–II hand portable fireextinguisher shall be carried for each1,000 B. H. P. of the main engines orfraction thereof. However, not morethan 6 such extinguishers need be car-ried.

(ii) On motor vessels of over 300 grosstons, either one Type B–IIIsemiportable fire-extinguishing systemshall be fitted, or alternatively, a fixedfire-extinguishing system shall befitted in the machinery space.

(3) The frame or support of each TypeB–III fire extinguisher required byparagraph (b)(2)(ii) of this section mustbe welded or otherwise permanently at-tached to a bulkhead or deck.

(4) If an approved semiportable fireextinguisher has wheels and is not re-

quired by this section, it must be se-curely stowed when not in use to pre-vent it from rolling out of controlunder heavy sea conditions.

(c) Barges carrying passengers. (1)Every barge of 65 feet in length or lesswhile carrying passengers when towedor pushed by a motorboat, motor ves-sel, or steam vessel shall be fitted withhand portable fire extinguishers as re-quired by Table 25.30–20(a)(1), depend-ing upon the length of the barge.

(2) Every barge of over 65 feet inlength while carrying passengers whentowed or pushed by a motorboat, motorvessel, or steam vessel shall be fittedwith hand portable fire extinguishersas required by Table 25.30–20(b)(1), de-pending upon the gross tonnage of thebarge.

[CGFR 65–50, 30 FR 16653, Dec. 30, 1965, asamended by CGD 77–039, 44 FR 34132, June 14,1979]

§ 25.30–90 Vessels contracted for priorto November 19, 1952.

(a) Vessels contracted for prior toNovember 19, 1952, shall meet the appli-cable provisions of §§ 25.30–5 through25.30–20 insofar as the number and gen-eral type of equipment is concerned.Existing items of equipment and in-stallations previously approved but notmeeting the applicable requirementsfor type approval may be continued inservice so long as they are in good con-dition. All new installations and re-placements shall meet the require-ments of §§ 25.30–5 through 25.30–20.

Subpart 25.35—Backfire FlameControl

§ 25.35–1 Requirements.(a) Every gasoline engine installed in

a motorboat or motor vessel after April25, 1940, except outboard motors, shallbe equipped with an acceptable meansof backfire flame control.

(b) Installations made before Novem-ber 19, 1952, need not meet the detailedrequirements of this subpart and maybe continued in use as long as they areserviceable and in good condition. Re-placements shall meet the applicableconditions in this section.

(c) Installations consisting of back-fire flame arresters bearing basic Ap-proval Nos. 162.015 or 162.041 or engine


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46 CFR Ch. I (10–1–96 Edition)§ 25.40–1

air and fuel induction systems bearingbasic Approval Nos. 162.015 or 162.042may be continued in use as long asthey are serviceable and in good condi-tion. New installations or replacementsmust meet applicable requirements ofsubpart 58.10 of this chapter.

[CGFR 65–50, 30 FR 16653, Dec. 30, 1965, asamended by CGD 88–032, 56 FR 35820, July 29,1991]

Subpart 25.40—Ventilation

§ 25.40–1 Tanks and engine spaces.

(a) All motorboats or motor vessels,except open boats and as provided inparagraphs (d) and (e) of this section,the construction or decking over ofwhich is commenced after April 25,1940, and which use fuel having aflashpoint of 110° F., or less, shall haveat least two ventilator ducts, fittedwith cowls or their equivalent, for theefficient removal of explosive or flam-mable gases from the bilges of everyengine and fuel tank compartment.There shall be at least one exhaustduct installed so as to extend from theopen atmosphere to the lower portionof the bilge and at least one intakeduct installed so as to extend to apoint at least midway to the bilge or atleast below the level of the carburetorair intake. The cowls shall be locatedand trimmed for maximum effective-ness and in such a manner so as to pre-vent displaced fumes from being recir-culated.

(b) As used in this section, the termopen boats means those motorboats ormotor vessels with all engine and fueltank compartments, and other spacesto which explosive or flammable gasesand vapors from these compartmentsmay flow, open to the atmosphere andso arranged as to prevent the entrap-ment of such gases and vapors withinthe vessel.

(c) Boats as defined in the FederalBoat Safety Act of 1971 built after July31, 1980 or which are in compliancewith 33 CFR part 183 are excepted fromthese requirements.

(d) Boats, as defined in the FederalBoat Safety Act of 1971, built afterJuly 31, 1978 are excepted from the re-quirements of paragraph (a) for fueltank compartments that:

(1) Contain a permanently installedfuel tank if each electrical componentis ignition protected in accordancewith 33 CFR 183.410(a); and

(2) Contain fuel tanks that vent tothe outside of the boat.

[CGFR 65–50, 30 FR 16653, Dec. 30, 1965, asamended by CGD 76–082A, 44 FR 73047, Dec.17, 1979; CGD 76–082A, 45 FR 7551, Feb. 4, 1980;CGD 95–012, 60 FR 48048, Sept. 18, 1995]

Subpart 25.45—Cooking, Heating,and Lighting Systems

§ 25.45–1 Heating and lighting systemson vessels carrying passengers forhire.

(a) No fuel may be used in any heat-ing or lighting system on any vesselcarrying passengers for hire withoutthe approval of Commandant (G–MSE),except—

(1) Alcohol, solid,(2) Alcohol, liquid, combustible,(3) Fuel oil, No. 1, No. 2, or No. 3,(4) Kerosene,(5) Wood or,(6) Coal.(b) Heating and lighting systems

using alcohol must meet the followingrequirements:

(1) Containers of solidified alcoholmust be properly secured to a fixedbase.

(2) Fluid alcohol burners, where wetpriming is used, must have—

(i) A catch pan of not less than 3⁄4’’depth secured inside the frame of thestove; or

(ii) The metal protection under thestove flanged up at least 3⁄4’’ to form apan.

(c) Heating and lighting systemsusing kerosene or fuel oil must meetthe following requirements:

(1) Where wet priming is used, eachsystem must have—

(i) A catch pan of not less than 3⁄4’’depth secured inside the frame of thestove; or

(ii) The metal protection under thestove flanged up at least 3⁄4’’ to form apan.

(2) Fuel tanks must be—(i) Separated from the stove that

they serve;


277


(ii) Mounted in a location open to theatmosphere or mounted inside a com-partment that is vented to the atmos-phere; and

(iii) Fitted with an outside fill andvent.

(d) Heating systems using wood orcoal installed after August 9, 1989, shallbe installed in accordance with theguidelines in chapter 6 of NFPA 302.

[CGD 83–013, 54 FR 6402, Feb. 10, 1989 and CGD83–013, 55 FR 3959, Feb. 6, 1990; CGD 95–072, 60FR 50461, Sept. 29, 1995; CGD 96–041, 61 FR50726, Sept. 27, 1996]

§ 25.45–2 Cooking systems on vesselscarrying passengers for hire.

(a) No fuel may be used in any cook-ing system on any vessel carrying pas-sengers for hire without the approvalof Commandant (G–MSE) except thoselisted in § 25.45–1, subject to the re-quirements stated therein, and lique-fied petroleum gas (LPG), or com-pressed natural gas (CNG).

(b) Cooking systems using LPG orCNG must meet the following require-ments:

(1) The design, installation, and test-ing of each LPG system must meetABYC A–1–78 or chapter 6 of NFPA 302.

(2) The design, installation, and test-ing of each CNG system must meetABYC A–22–78 or chapter 6 of NFPA302.

(3) Cooking systems using chapter 6of NFPA 302 as the standard must meetthe following additional requirements:

(i) The storage or use of CNG con-tainers within the accommodationarea, machinery spaces, bilges, or otherenclosed spaces is prohibited.

(ii) LPG or CNG must be odorized inaccordance with ABYC A–1.5.d or A–22.5.b, respectively.

(iii) The marking and mounting ofLPG cylinders must be in accordancewith ABYC A–1.6.b.

(iv) LPG cylinders must be of thevapor withdrawal type as specified inABYC A–1.5.b.

(4) Continuous pilot lights or auto-matic glow plugs are prohibited for anLPG or CNG installation using ABYCA–1 or A–22 as the standard.

(5) CNG installations using ABYC A–22 as the standard must meet the fol-lowing additional requirements:

(i) The stowage or use of CNG con-tainers within the accommodationarea, machinery spaces, bilges, or otherenclosed spaces is prohibited.

(ii) The CNG cylinders, regulatingequipment, and safety equipment mustmeet the installation, stowage, andtesting requirements specified in para-graph 6–5.12 of NFPA 302.

(iii) The use of stowage of stoves withattached CNG cylinders is prohibitedas specified in paragraph 6–5.1 of NFPA302.

(6) If the fuel supply line of an LPGor CNG system enters an enclosedspace on the vessel, a remote shut-offvalve must be installed that can be op-erated from a position adjacent to theappliance. The valve must be locatedbetween the fuel tank and the pointwhere the fuel supply line enters theenclosed portion of the vessel. A poweroperated valve installed to meet thisrequirement must be of a type that willfail closed.

(7) The following variances fromABYC A–1.11.b(1) are allowed for CNG:

(i) The storage locker or housing ac-cess opening need not be in the top.

(ii) The locker or housing need not beabove the waterline.

(8) The following variances fromNFPA 302 are allowed:

(i) The storage locker or housing forCNG tank installations need not beabove the waterline as required byparagraph 6–5.12.1.1(a).

(ii) Ignition protection need not beprovided as required by paragraph 6–5.4.

[CGD 83–013, 54 FR 6402, Feb. 10, 1989, asamended by CGD 83–013, 55 FR 3960, Feb. 6,1990; CGD 95–072, 60 FR 50461, Sept. 29, 1995;CGD 96–041, 61 FR 50726, Sept. 27, 1996]

Subpart 25.50—GarbageRetention

§ 25.50–1 Criteria.

Each uninspected vessel must meetthe garbage discharge, waste manage-ment plan, and placard requirements of33 CFR part 151 applicable to the ves-sel.

NOTE: 33 CFR 151.67 prohibits the dischargeof plastic or garbage mixed with plastic intothe sea or the navigable waters of the United


278

46 CFR Ch. I (10–1–96 Edition)§ 26.01–1

States. ‘‘Plastic’’ and ‘‘garbage’’ are definedin 33 CFR 151.05.

[CGD 88–002A, 56 FR 8880, Mar. 1, 1991]

PART 26—OPERATIONS


Sec.26.01–1 Applicable to all vessels.

Subpart 26.03—Special OperatingRequirements

26.03–1 Safety orientation.26.03–2 Emergency instructions.26.03–5 Action required after accident.26.03–10 Signaling light.

Subpart 26.08—Notice and Reporting ofCasualty and Voyage Records

26.08–1 Notice and reporting of casualty andvoyage records.

Subpart 26.10—Assessment, Collection,Mitigation, Remission of Fines or Penalties

26.10–1 General.26.10–5 Procedures.

Subpart 26.15—Boarding

26.15–1 May board at any time.

Subpart 26.20—Exhibition of MotorboatOperator’s License

26.20–1 Must be available.

Subpart 26.25—[Reserved]

Subpart 26.30—Work Vest

26.30–1 Approved unicellular plastic foamwork vests.

26.30–5 Use.26.30–10 Stowage.

AUTHORITY: 46 U.S.C. 3306, 4104, 6101, 8105;E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.277.; 49 CFR 1.46.



§ 26.01–1 Applicable to all vessels.

(a) The provisions of this part shallapply to all vessels except as specifi-cally noted.

Subpart 26.03—Special OperatingRequirements

§ 26.03–1 Safety orientation.(a) Before getting underway in any

vessel carrying 6 or fewer passengersfor hire, the operator in charge shallensure that suitable public announce-ments, instructive placards or both areprovided in a manner which affords allpassengers the opportunity to becomeacquainted with:

(1) Stowage locations of life preserv-ers;

(2) Proper method of donning and ad-justing life preservers of the type(s)carried on the vessel;

(3) The type and location of all life-saving devices carried on the vessel;and

(4) The location and contents of theEmergency Checkoff List required by§ 26.03–2.

(b) Vessels subject to this subpart en-gaged in tender service at yacht clubsand marinas, and vessels being dem-onstrated for a potential purchaser bya yacht broker, are excluded from therequirements of § 26.03–1 and § 26.03–2.

[CGD 78–009, 45 FR 11109, Feb. 19, 1980]

§ 26.03–2 Emergency instructions.(a) The operator in charge of each

vessel carrying 6 or fewer passengersfor hire shall ensure than an emer-gency checkoff list is posted in a con-spicuous, continuously accessible placeto serve as a notice to the passengersand a reminder to the crew of pre-cautionary measures which may benecessary in the event of an emergencysituation.

(b) Except where any part of theemergency instructions are deemed un-necessary by the Officer in Charge, Ma-rine Inspection, the emergency check-off list must contain not less than theapplicable portions of the sample emer-gency checkoff list which follows:

SAMPLE EMERGENCY CHECKOFF LIST

Measures to be considered in the event of:(a) Rough weather at sea or crossing hazard-

ous bars.b All weathertight and watertight doors,

hatches and airports closed to preventtaking water aboard.

b Bilges kept dry to prevent loss of stabil-ity.


279


b Passengers seated and evenly distributed.b All passengers wearing life preservers in

conditions of very rough seas or if aboutto cross a bar under hazardous condi-tions.

b An international distress call and a call tothe Coast Guard over radiotelephonemade if assistance is needed (if radio-telephone equipped).

(b) Man overboard.b Ring buoy thrown overboard as close to

the victim as possible.b Lookout posted to keep the victim in

sight.b Crewmember, wearing a life preserver and

lifeline, standing by ready to jump intothe water to assist the victim backaboard.

b Coast Guard and all vessels in the vicinitynotified by radiotelephone (if radio-telephone equipped).

b Search continued until after radio-telephone consultation with the CoastGuard, if at all possible.

(c) Fire at Sea.b Air supply to the fire cut off by closing

hatches, ports, doors, and ventilators,etc.

b Portable extinguishers discharged at thebase of the flames of flammable liquid orgrease fires or water applied to fires incombustible solids.

b If fire is in machinery spaces, fuel supplyand ventilation shut off and any in-stalled fixed firefighting system dis-charged.

b Vessel maneuvered to minimize the effectof wind on the fire.

b Coast Guard and all vessels in the vicinitynotified by radiotelephone of the fire andvessel location (if radiotelephoneequipped).

b Passengers moved away from fire andwearing life preservers.

(c) When in the judgment of the cog-nizant Officer in Charge, Marine In-spection, the operation of any vesselsubject to this section does not presentthe hazards listed on the emergencycheckoff list or when any vessel has nosuitable mounting surface, an exclu-sion from the requirements of § 26.03–2(a) and (b) is granted by letter.

[CGD 78–009, 45 FR 11109, Feb. 19, 1980]

§ 26.03–5 Action required after acci-dent.

(a) Whenever an undocumented vesselis involved in a collision, accident, orother casualty, the operator shall:

(1) Comply with requirements in sub-section 13(b) of the Act of April 25, 1940,as amended (46 U.S.C. 526l), which readsas follows:

In the case of collision, accident, or othercasualty involving a motorboat or other ves-sel subject to this Act, it shall be the duty ofthe operator, if and so far as he can do sowithout serious danger to his own vessel, orpersons aboard, to render such assistance asmay be practicable and necessary to otherpersons affected by the collision, accident, orother casualty in order to save them fromdanger caused by the collision, accident, orcasualty. He shall also give his name, ad-dress, and identification of his vessel to anyperson injured and to the owner of any prop-erty damaged. The duties imposed by thissubsection shall be in addition to any dutiesotherwise provided by law.

(b) See subpart 173.01 of part 173 ofsubchapter S (Numbering of Undocu-mented Vessels, Statistics on Number-ing, and Boating Accident Reports andAccident Statistics) of this chapter forrequirements governing boating acci-dent reports.

§ 26.03–10 Signaling light.

(a) All vessels of over 150 gross tons,when engaged on an international voy-age, shall be equipped with an efficientdaylight signaling lamp in accordancewith the requirements of subchapter J(Electrical Engineering) of this chap-ter.

[CGFR 68–32, 33 FR 5711, Apr. 12, 1968]

Subpart 26.08—Notice and Re-porting of Casualty and Voy-age Records

AUTHORITY: 46 U.S.C. 6101; 46 CFR 1.46.

§ 26.08–1 Notice and reporting of cas-ualty and voyage records.

The requirements for providing no-tice and reporting of marine casualtiesand for retaining voyage records arecontained in part 4 of this chapter.

[CGD 84–099, 52 FR 47535, Dec. 14, 1987; 53 FR13117, Apr. 21, 1988]


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46 CFR Ch. I (10–1–96 Edition)§ 26.10–1

Subpart 26.10—Assessment, Col-lection, Mitigation, Remissionof Fines or Penalties

§ 26.10–1 General.(a) The assessment, collection, miti-

gation, and remission of any fine, pen-alty, or forfeiture incurred under theAct of April 25, 1940, as amended, areauthorized by section 17 (46 U.S.C.526p), which reads in part as follows:

* * * The Commandant of the Coast Guardor any officer of the Coast Guard authorizedby the Commandant may, upon applicationtherefor, remit or mitigate any fine, penaltyor forfeiture incurred under this Act or anyregulations thereunder relating to motor-boats or vessels, except the penalties pro-vided in section 14 hereunder. * * *

(b) The assessment, collection, miti-gation, and remission of penalties in-curred under the Federal Boating Actof 1958 are authorized by subsection8(b) (46 U.S.C. 527e), which reads as fol-lows:

The Secretary may assess and collect anypenalty incurred under this Act or any regu-lations prescribed pursuant to section 7 ofthis Act. The Secretary may, in his discre-tion, remit or mitigate any penalty imposedunder this section, or discontinue prosecu-tion therefor on such terms as he may deemproper.

§ 26.10–5 Procedures.(a) Violations of maritime safety,

navigation and vessel inspection laws,as well as rules and regulations pre-scribed thereunder, administered andenforced by the Coast Guard are re-ported by Coast Guard personnel de-tecting such violations to the Com-mander of the Coast Guard district inwhich the alleged violations occurred.The alleged offender will be informedof the nature of the violation.

(b) The procedures for the assess-ment, collection, remission, or mitiga-tion are set forth in 33 CFR part 1.

[CGFR 65–50, 30 FR 16656, Dec. 30, 1965, asamended by CGD 74–68, 39 FR 19481, June 3,1974]

Subpart 26.15—Boarding

§ 26.15–1 May board at any time.(a) To facilitate the boarding of ves-

sels by the commissioned, warrant, and

petty officers of the U.S. Coast Guardin the exercise of their authority,every uninspected vessel, as defined in46 U.S.C. 2101(43), if underway and uponbeing hailed by a Coast Guard vessel,must stop immediately and lay to, ormust maneuver in such a way to per-mit the Coast Guard boarding officer tocome aboard. Failure to permit a CoastGuard boarding officer to board a ves-sel or refusal to comply will subjectthe operator or owner of the vessel tothe penalties provided in law.

(b) Coast Guard boarding vessels willbe identified by the display of theCoast Guard ensign as a symbol of au-thority and the Coast Guard personnelwill be dressed in Coast Guard uniform.The Coast Guard boarding officer uponboarding a vessel will identify himselfto the master, owner, or operator andexplain his mission.

[CGFR 65–50, 30 FR 16656, Dec. 30, 1965, asamended by CGD 72–132R, 38 FR 5750, Mar. 2,1973; CGD 95–027, 61 FR 25997, May 23, 1996]

Subpart 26.20—Exhibition ofMotorboat Operator’s License

§ 26.20–1 Must be available.

(a) Any person to whom a license asa motorboat operator has been issuedshall have such license in his posses-sion and available for immediate pro-duction to any Coast Guard boardingofficer at all times during which anyvessel which he is operating is carryingpassengers for hire.

Subpart 26.25—[Reserved]

Subpart 26.30—Work Vest

Source: CGFR 68–65, 33 FR 19982, Dec. 28,1968, unless otherwise noted.

§ 26.30–1 Approved unicellular plasticfoam work vests.

(a) Buoyant work vests carried underthe permissive authority of this sub-part shall be of an approved type, andshall be constructed, listed, and labeledin accordance with subpart 160.053 ofsubchapter Q (Specifications) of thischapter.


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§ 26.30–5 Use.

(a) Approved buoyant work vests areconsidered to be items of safety ap-parel and may be carried aboard vesselsto be worn by crew members whenworking near or over the water underfavorable working conditions.

(b) When carried, approved buoyantwork vests shall not be accepted in lieuof any portion of the required numberof approved lifesaving appliances re-quired by § 25.25–10 of this subchapter.

§ 26.30–10 Stowage.

(a) The approved buoyant work vestsshall be stowed separately from theregular stowage of required lifesavingequipment.

PART 28—REQUIREMENTS FORCOMMERCIAL FISHING INDUSTRYVESSELS

Subpart A—General Provisions

Sec.28.10 Authority.28.20 OMB control numbers.28.30 Applicability.28.40 Incorporation by reference.28.50 Definition of terms used in this part.28.70 Approved equipment and material.28.73 Accepted organizations.28.76 Similarly qualified organizations.28.80 Report of casualty.28.90 Report of injury.28.95 Right of appeal.

Subpart B—Requirements for All Vessels

28.100 Applicability.28.105 Lifesaving equipment—general re-

quirements.28.110 Life preservers or other personal flo-

tation devices.28.115 Ring life buoys.28.120 Survival craft.28.125 Stowage of survival craft.28.130 Survival craft equipment.28.135 Lifesaving equipment markings.28.140 Operational readiness, maintenance,

and inspection of lifesaving equipment.28.145 Distress signals.28.150 Emergency Position Indicating Radio

Beacons (EPIRBs).28.155 Excess fire detection and protection

equipment.28.160 Portable fire extinguishers.28.165 Injury placard.

Subpart C—Requirements for DocumentedVessels That Operate Beyond theBoundary Lines or With More Than 16Individuals On Board, or for Fish TenderVessels Engaged in the Aleutian Trade

28.200 Applicability.28.205 Fireman’s outfit and self-contained

breathing apparatus.28.210 First aid equipment and training.28.215 Guards for exposed hazards.28.225 Navigational information.28.230 Compasses.28.235 Anchors and radar reflectors.28.240 General alarm system.28.245 Communication equipment.28.250 High water alarms.28.255 Bilge pumps, bilge piping, and

dewatering systems.28.260 Electronic position fixing devices.28.265 Emergency instructions.28.270 Instruction, drills, and safety ori-

entation.

Subpart D—Requirements for VesselsWhich Have Their Keel Laid or Are at aSimilar Stage of Construction on orAfter or Which Undergo a Major Con-version Completed on or After Sep-tember 15, 1991, and That OperateWith More Than 16 Individuals onBoard

28.300 Applicability and general require-ments.

28.305 Lifesaving and signaling equipment.28.310 Launching of survival craft.28.315 Fire pumps, fire mains, fire hydrants,

and fire hoses.28.320 Fixed gas fire extinguishing systems.28.325 Fire detection systems.28.330 Galley hood and other fire protection

equipment.28.335 Fuel systems.28.340 Ventilation of enclosed engine and

fuel tank spaces.28.345 Electrical standards for vessels less

than 79 feet (24 meters) in length.28.350 General requirements for electrical

systems.28.355 Main source of electrical power.28.360 Electrical distribution systems.28.365 Overcurrent protection and switched

circuits.28.370 Wiring methods and materials.28.375 Emergency source of electrical power.28.380 General structural fire protection.28.385 Structural fire protection for vessels

that operate with more than 49 individ-uals on board.

28.390 Means of escape.28.395 Embarkation stations.28.400 Radar and depth sounding devices.28.405 Hydraulic equipment.28.410 Deck rails, lifelines, storm rails, and

hand grabs.


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46 CFR Ch. I (10–1–96 Edition)§ 28.10

Subpart E—Stability

28.500 Applicability.28.501 Substantial alterations.28.505 Vessel owner’s responsibility.28.510 Definitions of stability terms.28.515 Submergence test as an alternative

to stability calculations.28.520 [Reserved]28.525 [Reserved]28.530 Stability instructions.28.535 Inclining test.28.540 Free surface.28.545 Intact stability when using lifting

gear.28.550 Icing.28.555 Freeing ports.28.560 Watertight and weathertight integ-

rity.28.565 Water on deck.28.570 Intact righting energy.28.575 Severe wind and roll.28.580 Unintentional flooding.28.590 [Reserved]28.600 [Reserved]28.610 [Reserved]28.620 [Reserved]28.630 [Reserved]

Subpart F—Fish Processing Vessels

28.700 Applicability.28.710 Examination and certification of

compliance.28.720 Survey and classification.

Subpart G—Aleutian Trade Act Vessels

28.800 Applicability and general require-ments.

28.805 Launching of survival craft.28.810 Deck rails, lifelines, storm rails and

hand grabs.28.815 Bilge pumps, bilge piping, and

dewatering systems.28.820 Fire pumps, fire mains, fire hydrants,

and fire hoses.28.825 Excess fire detection and protection

equipment.28.830 Fire detection system.28.835 Fuel systems.28.840 Means for stopping pumps, ventila-

tion, and machinery.28.845 General requirements for electrical

systems.28.850 Main source of electrical power.28.855 Electrical distribution systems.28.860 Overcurrent protection and switched

circuits.28.865 Wiring methods and materials.28.870 Emergency source of electrical power.28.875 Radar, depth sounding, and auto-

pilot.28.880 Hydraulic equipment.28.885 Cargo gear.28.890 Examination and certification of

compliance.

28.895 Loadlines.28.900 Post accident inspection.28.905 Repairs and alterations.

AUTHORITY: 46 U.S.C. 3316, 4502, 4506, 6104,10603; 49 U.S.C. 5103, 5106; 49 CFR 1.46.

SOURCE: CGD 88–079, 56 FR 40393, Aug. 14,1991, unless otherwise noted.

Subpart A—General Provisions§ 28.10 Authority.

The regulations in this part are pre-scribed by the Commandant of theCoast Guard, pursuant to a delegationof authority by the Secretary of Trans-portation set forth in 49 CFR 1.46(b), tocarry out the intent and purpose of 46U.S.C. 3316 which authorizes the Sec-retary to rely on reports, documents,and certificates issued by the AmericanBureau of Shipping (ABS) or a similarUnited States classification society, oran agent of the ABS or similar society;sections 4502 and 4506 which requiresafety equipment and operational sta-bility for certain vessels in the com-mercial fishing industry; section 6104which requires the Secretary of Trans-portation to compile statistics con-cerning marine casualties compiledfrom vessel insurers and to delegatethat authority to compile statisticsfrom insurers to a qualified person; andsection 10603 which requires seamen oncommercial fishing industry vessels togive notice of illness, injury, or disabil-ity to their employer.

§ 28.20 OMB control numbers.(a) This section collects and displays

the control numbers assigned to infor-mation collection and recordkeepingrequirements in this part by the Officeof Management and Budget (OMB) pur-suant to the Paperwork Reduction Actof 1980 (44 U.S.C. 3501 et seq.). This sec-tion complies with the requirements of44 U.S.C. 3507(f) which requires thatagencies display a current controlnumber assigned by the Director of theOMB for each approved agency infor-mation collection requirement.

(b) Display.


Current OMBcontrol No.

§ 28.80 ............................................................. 2115–0582§ 28.90 ............................................................. 2115–0582§ 28.135 ........................................................... 2115–0582§ 28.165 ........................................................... 2115–0582


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Coast Guard, DOT § 28.40


Current OMBcontrol No.

§ 28.530 ........................................................... 2115–0582§ 28.710 ........................................................... 2115–0582§ 28.720 ........................................................... 2115–0582

§ 28.30 Applicability.

(a) Except as provided in paragraph(b) of this section, this part is applica-ble to all United States flag vessels notinspected under this chapter that arecommercial fishing, fish processing, orfish tender vessels. This includes ves-sels documented under the provisionsof subchapter G of this chapter andvessels numbered by a State or theCoast Guard under the provisions of 33CFR subchapter S of this chapter. Cer-tain regulations in this part apply onlyto limited categories of vessels. Spe-cific applicability statements are pro-vided at the beginning of those regula-tions.

(b) This part does not apply to asmall boat or auxiliary craft that is de-ployed from a fishing industry vessel

for the purpose of handling fishinggear.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR49822, Oct. 1, 1991]

§ 28.40 Incorporation by reference.(a) Certain material is incorporated

by reference into this part with the ap-proval of the Director of the FederalRegister in accordance with 5 U.S.C.552(a). To enforce any edition otherthan that specified in paragraph (b) ofthis section, the Coast Guard mustpublish notice of change in the FED-ERAL REGISTER and make the materialavailable to the public. All approvedmaterial is on file at the Office of theFederal Register, 800 North CapitolStreet, NW., suite 700, Washington, DCand at the U.S. Coast Guard, Office ofDesign and Engineering Standards (G–MSE), 2100 Second Street SW., Wash-ington, DC 20593–0001 and is availablefrom the sources indicated in para-graph (b) of this section.

(b) The material approved for incor-poration by reference in this part andthe sections affected are:

American Boat and Yacht Council (ABYC),3069 Solomons Island Road, Edgewater, MD 21037

E–1–1972—Bonding of Direct Current Systems ............................ 28.345E–8–1985—Alternating Current (AC) Electrical Systems on

Boats.28.345

E–9–1981—Recommended Practices and Standards Covering Di-rect Current (DC) Electrical Systems on Boats.

28.345

H–2–1989—Ventilation of Boats Using Gasoline ........................... 28.340H–25–1986—Portable Fuel Systems for Flammable Liquids ......... 28.335H–33–1989—Diesel Fuel Systems .................................................. 28.335P–1–1986—Installation of Exhaust Systems for Propulsion and

Auxiliary Engines.28.380

International Maritime Organization (IMO),Publications Section, 4 Albert Embankment, London SE1 7SR,

England:Resolution A.658(16) ‘‘Use and Fitting of Retro-Reflective Mate-

rials on Life-Saving Appliances’’, dated November 1989.28.135

National Fire Protection Association (NFPA),1 Batterymarch Park, Quincy, MA 02269:

70–1990—National Electrical Code (also known as ANSI/NFPA70–1990).

28.350; 28.370; 28.865

302–1989—Pleasure and Commercial Motor Craft ........................ 28.335; 28.340; 28.34517–1985—Dry Chemical Extinguishing Systems ........................... 28.33017A–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 Applica-tions.

28.880

SAE J 1942–1989—Hose and Hose Assemblies for Marine Applica-tions.

28.405

Underwriters Laboratories, Inc. (UL),333 Pfingsten Rd., Northbrook, IL 60062:

UL 217–1985—Single and Multiple Station Smoke Detectors ...... 28.325; 28.830


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46 CFR Ch. I (10–1–96 Edition)§ 28.50

UL 710–1990—Exhaust Hoods for Commercial Cooking Equip-ment.

28.330

[CGD 88–079, 56 FR 40393, Aug. 14, 1991, asamended 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]

§ 28.50 Definition of terms used in thispart.

Accepted organization means an orga-nization which has been designated bythe Commandant for the purpose of ex-amining commercial fishing industryvessels under the provisions of § 28.073.

Accommodations include:(1) A messroom.(2) A lounge.(3) A sitting area.(4) A recreation room.(5) Quarters.(6) A toilet space.(7) A shower room.(8) A galley.(9) Berthing facilities.(10) A clothing changing room.Aleutian trade means the transpor-

tation of cargo, including fishery relat-ed products, for hire on board a fishtender vessel to or from a place inAlaska west of 153 degrees West lon-gitude and east of 172 degrees East lon-gitude if that place receives weeklycommon carrier service by water, to orfrom a place in the United States, ex-cept a place in Alaska.

Approved means approved by theCommandant unless otherwise stated.

Boundary lines means the lines setforth in 46 CFR part 7. In general, theyfollow the trend of the seaward highwater shorelines and cross entrances tosmall bays, inlets and rivers. In someareas, they are along the 12 mile linewhich marks the seaward limits of thecontiguous zone and in other areasthey come ashore.

Coast Guard Representative means aperson employed at the cognizant U.S.Coast Guard Marine Safety Office orMarine Inspection Office, or an accept-ed organization, or a similarly quali-fied organization approved in examin-ing commercial fishing industry ves-sels. Contact Chief, Vessel and FacilityOperating Standards Division, Com-mandant (G–MSO–2), U.S. Coast Guard,2100 Second Street S.W., Washington,DC 20593–0001 for a current list of ac-

cepted organizations or similarlyqualified organizations.

Coastal waters means coastal watersas defined in 33 CFR 175.105.

Cold water means water where themonthly mean low water temperatureis normally 59 °F (15 °C) or less.

Commandant means the Commandantof the Coast Guard or an authorizedrepresentative of the Commandant ofthe Coast Guard.

Commercial fishing industry vesselmeans a fishing vessel, fish tender ves-sel, or a fish processing vessel.

Currently corrected means correctedwith changes contained in all Notice toMariners published by the DefenseMapping Agency Hydrographic/Topo-graphic Center.

Custom engineered means, when refer-ring to a fixed gas fire extinguishingsystem, a system that is designed for aspecific space requiring individual cal-culations for the extinguishing agentvolume, flow rate, and piping, amongother factors, for the space.

Documented vessel means a vessel forwhich a Certificate of Documentationhas been issued under the provisions of46 CFR part 67.

Fish means finfish, mollusks, crusta-ceans, and all other forms of marineanimal and plant life, except marinemammals and birds.

Fish processing vessel means a vesselthat commercially prepares fish or fishproducts other than by gutting, decapi-tating, gilling, skinning, shucking,icing, freezing, or brine chilling.

Fish tender vessel means a vessel thatcommercially supplies, stores, refrig-erates, or transports fish, fish prod-ucts, or materials directly related tofishing or the preparation of fish to orfrom a fishing, fish processing or fishtender vessel or a fish processing facil-ity.

Fishing vessel means a vessel thatcommercially engages in the catching,taking, or harvesting of fish or an ac-tivity that can reasonably be expectedto result in the catching, taking, orharvesting of fish.

Gasoline as used in this part includesgasoline-alcohol blends and any other


285


fuel having a flash point of 110 °F (43.3°C) or lower.

Length means the length listed on thevessel’s Certificate of Documentationor Certificate of Number.

Major conversion means a conversionof a vessel that—

(1) Substantially changes the dimen-sions or carrying capacity of the ves-sel;

(2) Changes the type of the vessel;(3) Substantially prolongs the life of

the vessel; or(4) Otherwise so changes the vessel

that it is essentially a new vessel, asdetermined by the Commandant.

Mile means a nautical mile.North Pacific Area means all waters of

the North Pacific Ocean and BeringSea north of 48°30′ north latitude in-cluding waters in contiguous bays, in-lets, rivers, and sounds.

Officer in Charge, Marine Inspection(OCMI) means an officer of the CoastGuard who commands a Marine Inspec-tion Zone described in 33 CFR part 3 oran authorized representative of that of-ficer.

Open to the atmosphere means a spacethat has at least 15 square inches (9680square millimeters) of open area di-rectly exposed to the atmosphere foreach cubic foot (0.0283 cubic meters) ofnet volume of the space.

Operating station means the principalsteering station on the vessel fromwhich the vessel is normally navigated.

Pre-engineered means, when referringto a fixed gas fire extinguishing sys-tem, a system that is designed andtested to be suitable for installation asa complete unit in a space of a set vol-ume, without modification, regardlessof the vessel on which installed.

Similarly qualified organization meansan organization which has been des-ignated by the Commandant for thepurpose of classing or examining com-mercial fishing industry vessels underthe provisions of § 28.76.

Switchboard means an electricalpanel which receives power from a gen-erator, battery, or other electricalpower source and distributes power di-rectly or indirectly to all equipmentsupplied by the power source.

Warm water means water where themonthly mean low water temperatureis normally more than 59° F. (15° C.).

Watertight means designed and con-structed to withstand a static head ofwater without any leakage, except that‘‘watertight’’ for the purposes of elec-trical equipment means enclosed sothat equipment does not leak when astream of water from a hose with anozzle one inch (25.4 millimeters) in di-ameter that delivers at least 65 gallons(246 liters) per minute is played on theenclosure from any direction from adistance of 10 feet (3 meters) for fiveminutes.

Weather deck means the uppermostdeck exposed to the weather to which aweathertight sideshell extends.

Weathertight means that water willnot penetrate into the unit in any seacondition.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991, asamended by CGD 94–025, 60 FR 54444, Oct. 24,1995; CGD 96–041, 61 FR 50726, Sept. 27, 1996]

§ 28.70 Approved equipment and mate-rial.

(a) Equipment and material that isrequired by this subchapter to be ap-proved or of an approved type, musthave been manufactured and approvedin accordance with the design and test-ing requirements in Subchapter Q ofthis chapter or as otherwise specifiedby the Commandant.

(b) Notice regarding equipment ap-provals is published in the FEDERAL

REGISTER. Coast Guard publicationCOMDTINST M16714.3, ‘‘EquipmentLists, Items Approved, Certificated orAccepted under Marine Inspection andNavigation Laws,’’ lists approvedequipment by type and manufacturer.COMDTINST M16714.3 may be obtainedfrom the Superintendent of Docu-ments, U.S. Government Printing Of-fice, Washington, DC 20402. Each OCMImay be contacted for information con-cerning approved equipment.

§ 28.73 Accepted organizations.

An organization desiring to be des-ignated by the Commandant as an ac-cepted organization must request suchdesignation in writing. As a minimumthe organization must verify that it isan organization—

(a) With a Code of Ethics;


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46 CFR Ch. I (10–1–96 Edition)§ 28.76

(b) Whose surveyors are familiar withthe requirements of this chapter relat-ed to commercial fishing industry ves-sels;

(c) Whose surveyors are familiar withthe operations and equipment on boardcommercial fishing industry vessels;

(d) Whose only interest in the fishingindustry is in ensuring the safety ofcommercial fishing industry vesselsand surveying commercial fishing in-dustry vessels;

(e) That has grievance procedures;(f) That has procedures for accepting

and terminating membership of an in-dividual, including minimum profes-sional qualifications for surveyors;

(g) That maintains a roster ofpresent and past accepted members andsurveyors; and

(h) That has an Apprentice/Associateprogram for surveyors.

§ 28.76 Similarly qualified organiza-tions.

An organization desiring to be des-ignated by the Commandant as a simi-larly qualified organization must re-quest such designation in writing. As aminimum the organization must verifythat it—

(a) Publishes standards for vessel de-sign and construction which are aswidely available as and which are ofsimilar content to the standards pub-lished by the ABS;

(b) Performs periodic surveys in awide range of localities during andafter construction to ensure compli-ance with published standards, includ-ing drydock examinations, in a mannersimilar to the ABS;

(c) Issues certificates testifying tocompliance with the published stand-ards;

(d) Has as its primary concern thesurvey and classification of vessels;

(e) Has no interest in owning or oper-ating fishing, fish processing, or fishtender vessels; and

(f) Maintains records of surveys andmakes such records available to theCoast Guard upon request in a mannersimilar to the ABS.

§ 28.80 Report of casualty.(a) Except for a casualty which is re-

quired to be reported to the CoastGuard on Form CG 2692 in accordance

with part 4 of this chapter, the owner,agent, operator, master, or individualin charge of a vessel involved in a cas-ualty must submit a report in accord-ance with paragraph (c) of this section,as soon as possible after the casualty,to the underwriter of primary insur-ance for the vessel or to an organiza-tion listed in paragraph (d) of this sec-tion whenever the casualty involvesany of the following.

(1) Loss of life.(2) An injury to an individual that

causes that individual to remain inca-pacitated for a period in excess of 72hours.

(3) Loss of a vessel.(4) Damage to or by a vessel, its

cargo, apparel or gear, except for fish-ing gear while not on board a vessel, orthat impairs the seaworthiness of thevessel, or that is initially estimated at$2,500.00 or more.

(b) Each underwriter of primary in-surance for a commercial fishing indus-try vessel must submit a report of eachcasualty involving that vessel to an or-ganization listed in paragraph (d) ofthis section within 90 days of receivingnotice of the casualty and whenever itpays a claim resulting from the cas-ualty. Initial reports must be in ac-cordance with paragraph (c) of this sec-tion. Subsequent reports must containsufficient information to identify thecasualty and any new or corrected cas-ualty data.

(c) Each report of casualty must in-clude the following information:

(1) The name and address of the ves-sel owner and vessel operator, if dif-ferent than the vessel owner;

(2) The name and address of the un-derwriter of primary insurance for thevessel;

(3) The name, registry number, callsign, gross tonnage, year of build,length, and hull material of the vessel;

(4) The date, location, primary cause,and nature of the casualty;

(5) The specific fishery, intendedcatch, and length of fishery openingwhen applicable;

(6) The date that the casualty was re-ported to the underwriter of primaryinsurance for the vessel, or to an orga-nization acceptable to the Com-mandant;


287


(7) The activity of the vessel at thetime of the casualty;

(8) The weather conditions at thetime of the casualty, if the weathercaused or contributed to the cause ofthe casualty;

(9) The damages to or by the vessel,its apparel, gear, or cargo;

(10) The monetary amounts paid fordamages;

(11) The name, birth date, social se-curity number, address, job title,length of disability, activity at thetime of injury, type of injury, and med-ical treatment required for each indi-vidual incapacitated for more than 72hours, or deceased as a result of thecasualty;

(12) The name, registry number, andcall sign of every other vessel involvedin the casualty; and

(13) The monetary amount paid foran injury or a death.

(d) A casualty to a commercial fish-ing industry vessel must be reported toan organization that has knowledgeand experience in the collection andprocessing of statistical insurance dataand that has been accepted by theCommandant to receive and processcasualty data under this part. TheCommandant has accepted for this pur-pose:

(1) Marine Index Bureau, Inc., P.O.Box 1964, New York, NY 10156–0612.

(2) [Reserved]

NOTE: The Coast Guard intends to treat in-formation collected under this section fromunderwriters of primary insurance as exemptfrom disclosure under the Freedom of Infor-mation Act because it is commercial and fi-nancial information which, if disclosed,would be likely to cause substantial harm tothe competitive position of the underwriter.

§ 28.90 Report of injury.Each individual employed on a com-

mercial fishing industry vessel mustnotify the master, individual in chargeof the vessel, or other agent of the em-ployer of each illness, disability, or in-jury suffered while in service to thevessel not later than seven days afterthe date on which the illness, disabil-ity, or injury arose.

§ 28.95 Right of appeal.Any person directly affected by a de-

cision or action taken under this part,

by or on behalf of the Coast Guard,may appeal therefrom in accordancewith part 1, subpart 1.03 of this chap-ter.

Subpart B—Requirements For AllVessels

§ 28.100 Applicability.

Each commercial fishing industryvessel must meet the requirements ofthis subpart, in addition to the require-ments of parts 24, 25, and 26 of thischapter.

§ 28.105 Lifesaving equipment—gen-eral requirements.

(a) In addition to the requirements ofthis subpart, each commercial fishingindustry vessel must comply with therequirements of part 25, subpart 25.25 ofthis chapter.

(b) Except as provided in § 28.120(d),each item of lifesaving equipment car-ried on board a vessel to meet the re-quirements of this part must be ap-proved by the Commandant. Equip-ment for personal use which is not re-quired by this part need not be ap-proved by the Commandant.

§ 28.110 Life preservers or other per-sonal flotation devices.

(a) Except as provided by § 28.305 ofthis chapter, each vessel must beequipped with at least one immersionsuit, exposure suit, or wearable per-sonal flotation device of the proper sizefor each individual on board as speci-fied in table 28.110 and part 25, subpart25.25 of this chapter. Notwithstandingthe provisions of paragraphs (c) and (d)of § 25.25–1 of this chapter, each com-mercial fishing industry vessel pro-pelled by sail or a manned barge em-ployed in commercial fishing activitiesmust meet the requirements of thisparagraph.

(b) Each wearable personal flotationdevice must be stowed so that it isreadily accessible to the individual forwhom it is intended, from both the in-dividual’s normal work station andberthing area. If there is no locationaccessible to both the work station andthe berthing area, an appropriate de-vice must be stowed in both locations.


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46 CFR Ch. I (10–1–96 Edition)§ 28.115

TABLE 28.110.—PERSONAL FLOTATION DEVICES AND IMMERSION SUITS

Applicable waters Vessel type Devices required Other regulations

Seaward of the Boundary Lineand North of 32°N or South of32°S; and Lake Superior.

Documented Vessel Immersion suit or exposuresuit.1

28.135; 25.25–9(a); 25.25–13;25.25–15.

Coastal Waters on the WestCoast of the United Statesnorth of Point Reyes, CA; Be-yond Coastal Waters, coldwater; and Lake Superior.

All vessels ................. ......do1 ........................................ Do.

All other waters (Includes allGreat Lakes except Lake Supe-rior).

40 feet (12.2 meters)or more in length.

Type I, Type V commercial hy-brid, immersion suit, or expo-sure suit.2

28.135; 25.25–5(e); 25.25–5(f);25.25–9(a); 25.25–13; 25.25–15.

Less than 40 feet(12.2 meters) inlength.

Type I, Type II, Type III, Type Vcommercial hybrid, immersionsuit, or exposure suit.2

Do.

1 Until September 1, 1995, individuals weighing less than 44 pounds (196 Newtons) may substitute an approved personal flota-tion device of the appropriate size for a required immersion suit or exposure suit.

2 Certain Type V personal flotation devices are approved for substitution for Type I, II, or III personal flotation devices whenused in accordance with the conditions stated in the Coast Guard approval table.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991, asamended by CGD 88–079b, 57 FR 34189, Aug. 3,1992; CGD 95–012, 60 FR 48048, Sept. 18, 1995]

§ 28.115 Ring life buoys.(a) Except as provided in paragraph

(b) of this section and § 28.305, each ves-sel must be equipped with a throwableflotation device or a ring life buoy asspecified in table 28.115. If the vessel isequipped with a ring life buoy, at leastone ring life buoy must be equippedwith a line which is at least:

(1) 60 feet (18.3 meters) in length fora vessel less than 65 feet (19.8 meters)in length; or

(2) 90 feet (27.4 meters) in length fora vessel 65 feet (19.8 meters) or more inlength.

(b) For each vessel less than 65 feet(19.8 meters) in length, an approved 20inch (0.51 meters) or larger ring lifebuoy which is in serviceable conditionand which was installed on board be-fore September 15, 1991, may be used tomeet the requirements of paragraph (a)of this section.

TABLE 28.115.—THROWABLE FLOTATIONDEVICES

Vessel length Devices required

Less than 16 feet(4.9 meters).

None.

16 feet (4.9 meters)or more, but lessthan 26 feet (7.9meters).

1 buoyant cushion, or ring life buoy(Type IV PFD).

26 feet (7.9 meters)or more, but lessthan 65 feet (19.8meters).

1 ring life buoy approval numberstarting with 160.009 or 160.050;orange; at least 24 inch (0.61 me-ters) size.

TABLE 28.115.—THROWABLE FLOTATIONDEVICES—Continued

Vessel length Devices required

65 feet (19.8 meters)or more.

3 ring life buoys, approval number160.050; orange; at least 24 inch(0.61 meters) size.

NOTE: Certain Type V PFDs are approvedfor use in substitution for Type IV PFDs,when used in accordance with the conditionsstated in the Coast Guard approval label.[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR47679, Sept. 20, 1991; 56 FR 49822, Oct. 1, 1991;CGD 95–012, 60 FR 48048, Sept. 18, 1995]

§ 28.120 Survival craft.(a) Except as provided in paragraphs

(b) and (d) through (h) of this section,each vessel must carry the survivalcraft specified in table 28.120(a), table28.120(b), or table 28.120(c), as appro-priate for the vessel, in an aggregatecapacity to accommodate the totalnumber of individuals on board.

(b) The requirements of this sectiondo not apply to a vessel with less than4 individuals on board which operateswithin 12 miles of the coastline.

(c) Except as provided by § 28.305,compliance dates for the requirementsfor the number and type of survivalcraft in tables 28.120(a), 28.120(b), and28.120(c) are:

(1) For a documented vessel that op-erates in the North Pacific Area, Sep-tember 1, 1992;

(2) For a documented vessel that op-erates in the Great Lakes or in the At-lantic Ocean north and east of a linedrawn at a bearing 150° true from


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Watch Hill Light, Rhode Island, Sep-tember 1, 1993;

(3) For each other documented vessel,September 1, 1994; and

(4) For each other vessel, September1, 1995.

(d) Each survival craft installed onboard a vessel before September 15,1991, may continue to be used to meetthe requirements of this section pro-vided the survival craft is:

(1) Of the same type as required in ta-bles 28.120(a), 28.120(b), or 28.120(c), asappropriate for the vessel type; and

(2) Maintained in good and service-able condition.

(e) Each inflatable liferaft installedon board a vessel before September 15,1991, may continue to be used to meetthe requirements for an approved in-flatable liferaft, provided the existingliferaft is maintained in good and serv-iceable condition as required by table28.140, and it is equipped with theequipment pack required by tables28.120(a), 28.120(b), or 28.120(c), as appro-priate for the vessel type. Where noequipment pack is specified in tables28.120(a), 28.120(b), or 28.120(c), a coastalservice pack is required.

(f) An approved lifeboat may be sub-stituted for any survival craft requiredby this section, provided it is arrangedand equipped in accordance with part94 of this chapter.

(g) The capacity of an auxiliary craftcarried on board a vessel which is inte-gral to and necessary for normal fish-ing operations will satisfy the require-ments of this section for survival craft,except for an inflatable liferaft, pro-vided the craft is readily accessibleduring an emergency and is capable ofsafely holding all individuals on boardthe vessel. If the auxiliary craft isequipped with a Coast Guard requiredcapacity plate, the boat must not beloaded so as to exceed the rated capac-ity.

(h) A vessel less than 36 feet in lengthwhich meets the positive flotation pro-visions of 33 CFR part 183 is exemptfrom the requirement for survival craftin paragraph (a) of this section for op-eration on the following waters:

(1) Within 12 miles of the coastline,any waters; and

(2) Rivers.

TABLE 28.120 (a).—SURVIVAL CRAFT FOR DOCUMENTED VESSELS

Area Vessel type Survival craft required

Beyond 50 miles of coastline ..................................................... All ............................................ Inflatable liferaft with SOLASA pack.

Between 20–50 miles of coastline, cold waters ........................ All ............................................ Inflatable liferaft with SOLASB pack.

Between 20–50 miles of coastline, warm waters ...................... All ............................................ Inflatable liferaft.Beyond Boundary Line, within 20 miles of coastline, cold wa-

ters.All ............................................ Inflatable liferaft.

Beyond Boundary Line, within 20 miles of coastline, warm wa-ters.

All ............................................ Life float.

Inside Boundary Line, cold waters; or Lakes, bays, sounds,cold waters; or Rivers, cold waters.

36 feet (11 meters) or more inlength.

Inflatable buoyant apparatus.

Do ....................................................................................... Less than 36 feet (11 meters)in length.

None.

Inside Boundary Line, warm waters; or Lakes, bays, sounds,warm waters; or Rivers, warm waters.

All ............................................ None.

Great Lakes, cold waters ........................................................... 36 feet (11 meters) or more inlength.



Buoyant apparatus.

Great Lakes, beyond 3 miles of coastline, warm waters .......... All ............................................ Buoyant apparatus.Great Lakes, within 3 miles of coastline, warm waters ............. All ............................................ None.

NOTE: The hierarchy of survival craft indescending order is lifeboat, inflatable life-raft with SOLAS A pack, inflatable liferaftwith SOLAS B pack, inflatable liferaft withcoastal service pack, inflatable buoyant ap-paratus, life float, buoyant apparatus. A sur-vival craft higher in the hierarchy may be

substituted for any survival craft required inthis table.


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46 CFR Ch. I (10–1–96 Edition)§ 28.125

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


Beyond 20 miles of coastline ..................................................... All ............................................ Inflatable buoyant apparatus.Beyond Boundary Line, within 20 miles of coastline, cold wa-

ters.All ............................................ Inflatable buoyant apparatus.

Beyond Boundary Line, within 20 miles of coastline, warm wa-ters.

All ............................................ Life float.



Buoyant apparatus.

Do ........................................................................................... Less than 36 feet (11 meters)in length.

None.


All ............................................ None.

Great Lakes, cold waters ........................................................... All ............................................ Buoyant apparatus.Great Lakes, beyond 3 miles of coastline, warm waters .......... All ............................................ Buoyant apparatus.Great Lakes, within 3 miles of coastline, warm waters ............. All ............................................ None.

NOTE: The hierarchy of survival craft indescending order is lifeboat, inflatable life-raft with SOLAS A pack, inflatable liferaftwith SOLAS B pack, inflatable liferaft withcoastal service pack, inflatable buoyant ap-

paratus, life float, buoyant apparatus. A sur-vival craft higher in the hierarchy may besubstituted for any survival craft required inthis table.

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


Beyond 50 miles of coastline ..................................................... All ............................................ Inflatable liferaft with SOLASA pack.

Between 20-50 miles of coastline, cold waters ......................... All ............................................ Inflatable liferaft with SOLASB pack.

Between 20-50 miles of coastline, warm waters ....................... All ............................................ Inflatable liferaft.Beyond Boundary Line, within 20 miles of coastline, cold

water.All ............................................ Inflatable liferaft.

Beyond Boundary Line within 20 miles of coastline, warm wa-ters.

All ............................................ Life float.





None.


All ............................................ None.

Great Lakes, cold waters ........................................................... 36 feet (11 meters) or more inlength.



Buoyant apparatus.

Great Lakes, beyond 3 miles of coastline, warm waters .......... All ............................................ Buoyant apparatus.Great Lakes, within 3 miles of coastline, warm waters ............. All ............................................ None.

NOTE: The hierarchy of survival craft indescending order is lifeboat, inflatable life-raft with SOLAS A pack, inflatable liferaftwith SOLAS B pack, inflatable liferaft withcoastal service pack, inflatable buoyant ap-paratus, life float, buoyant apparatus. A sur-vival craft higher in the hierarchy may besubstituted for any survival craft required inthis table.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR47679, Sept. 20, 1991; 56 FR 49822, Oct 1, 1991]

§ 28.125 Stowage of survival craft.(a) Each inflatable liferaft required

to be equipped with a SOLAS A or aSOLAS B equipment pack must bestowed so as to float free and auto-matically inflate in the event the ves-sel sinks.

(b) Each inflatable liferaft, inflatablebuoyant apparatus, and any auxiliarycraft used in their place, must be keptreadily accessible for launching or bestowed so as to float free in the eventthe vessel sinks.


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(c) Each hydrostatic release unitused in a float-free arrangement mustbe approved under part 160, subpart160.062 of this chapter.

(d) Each float-free link used with abuoyant apparatus or with a life floatmust be certified to meet part 160, sub-part 160.073 of this chapter.

§ 28.130 Survival craft equipment.(a) General. Each item of survival

craft equipment must be of good qual-ity, effective for the purpose it is in-tended to serve, and secured to thecraft.

(b) Inflatable liferafts. Each inflatableliferaft must have one of the followingequipment packs as shown by themarkings on its container:

(1) Coastal Service;(2) SOLAS B Pack (formerly ‘‘Lim-

ited Service’’); or(3) SOLAS A Pack (formerly ‘‘Ocean

Service’’).(c) Each life float and buoyant appa-

ratus must be fitted with a lifeline,pendants, a painter, and a floatingelectric water light approved underpart 161 subpart 161.010 of this chapter.

(d) Other survival craft. A vessel mustnot carry survival craft other than in-flatable liferafts, life floats, inflatable

buoyant apparatus, or buoyant appara-tus, such as lifeboats or rigid liferafts,unless the survival craft and launchingequipment comply with the require-ments for installation, arrangement,equipment, and maintenance containedin 46 CFR part 94.

§ 28.135 Lifesaving equipment mark-ings.

(a) Except as provided in paragraph(d) of this section, lifesaving equip-ment carried aboard a vessel pursuantto the requirements of this subpart orpart 25, subpart 25.25 of this chaptermust be marked as specified in table28.135.

(b) Lettering used in lifesaving equip-ment markings must be in block cap-ital letters.

(c) Retroreflective markings requiredby this section must be with materialapproved under part 164, subpart 164.018of this chapter. The arrangement of theretroreflective material must meetIMO Resolution A.658(16).

(d) A wearable personal flotation de-vice must be marked with the name ofeither the vessel, the owner of the de-vice, or the individual to whom it is as-signed.

TABLE 28.135.—LIFESAVING EQUIPMENT MARKINGS

ItemMarkings Required

Name of vessel Retroflective material

Wearable personal flotation device (Type I, II, III, or wearableType V); Immersion suit or exposure suit.

See § 28.135(d) ....................... Type I or Type II.

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-vided by the manufacturer and the servicingfacility is required.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR49822, Oct. 1, 1991, as amended by CGD 95–012,60 FR 48048, Sept. 18, 1995]

§ 28.140 Operational readiness, mainte-nance, and inspection of lifesavingequipment.

(a) The master or individual incharge of a vessel must ensure thateach item of lifesaving equipment must

be in good working order, ready for im-mediate use, and readily accessible be-fore the vessel leaves port and at alltimes when the vessel is operated.

(b) Except for an inflatable liferaft oran inflatable buoyant apparatus lessthan two years of age, each item oflifesaving equipment, including unap-proved equipment, must be maintainedand inspected in accordance with:

(1) Table 28.140;


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46 CFR Ch. I (10–1–96 Edition)§ 28.145

(2) The servicing procedure under thesubpart of this chapter applicable tothe item’s approval; and

(3) The manufacturer’s guidelines.(c) An inflatable liferaft or inflatable

buoyant apparatus must be serviced at

a facility specifically approved by theCommandant.

(d) An escape route from a spacewhere an individual may be employedor an accommodation space must notbe obstructed.

TABLE 28.140.—SCHEDULED MAINTENANCE AND INSPECTION OF LIFESAVING EQUIPMENT

ItemInterval

RegulationMonthly Annually

Inflatable wearable personal flotation device (Type V com-mercial hybrid).

.................. Servicing .............................. 28.140

Personal flotation devices, exposure suits and immersionsuits.

.................. Inspect, clean and repair asnecessary.

28.140

Buoyant apparatus and life floats ........................................ .................. Inspect, clean and repair asnecessary.

28.140

Inflatable liferaft .................................................................... .................. Servicing .............................. 28.140Inflatable buoyant apparatus ................................................ .................. Servicing .............................. 28.140Hydrostatic release .............................................................. .................. Servicing .............................. 28.140Disposable hydrostatic release ............................................ .................. Replace on or before expira-

tion date.28.140

Undated batteries ................................................................. .................. Replace ................................ 28.140Dated batteries 1 and other items ........................................ .................. Replace on or before expira-

tion date.25.26–5, 28.140

EPIRB ................................................................................... Test .......... .............................................. 25.26–5

1 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]

§ 28.145 Distress signals.

Except as provided by 28.305, eachvessel must be equipped with the dis-tress signals specified in table 28.145.

TABLE 28.145.—DISTRESS SIGNALS

Area Devices required

Ocean, more than 50 milesfrom coastline.

3 parachute flares, approvalseries 46 CFR 160.136;plus 6 hand flares, approvalseries 46 CFR 160.121;plus 3 smoke signals, ap-proval series 46 CFR160.122.

Ocean, 3–50 miles from thecoastline; or more than 3miles from the coastline onthe Great Lakes.

3 parachute flares, approvalseries 46 CFR 160.136, or160.036; plus 6 hand flares,approval series 46 CFR160.121 or 160.021; plus 3smoke signals, approval se-ries 46 CFR 160.122,160.022, or 160.037.

Coastal waters, excludingthe Great Lakes; or within3 miles of the coastline onthe Great Lakes.

Night visual distress signalsconsisting of one electricdistress light, approval se-ries 46 CFR 161.013 or 3approved flares; plus Dayvisual distress signals con-sisting of one distress flag,approval series 46 CFR160.072, or 3 approvedflares, or 3 approved smokesignals.1

1 If flares are carried, the same 3 flares may be counted to-ward meeting both the day and night requirement.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991, asamended at 60 FR 48048, Sept. 18, 1995]

§ 28.150 Emergency Position Indicat-ing Radio Beacons (EPIRBs).

Each vessel must be equipped with anemergency position indicating radiobeacon (EPIRB) as required by 46 CFRpart 25, subpart 25.26.

NOTE: Each vessel which uses radio com-munication equipment must have a ShipRadio Station License issued by the FederalCommunications Commission, as set forth in47 CFR part 80.

§ 28.155 Excess fire detection and pro-tection equipment.

Installation of fire detection and pro-tection equipment in excess of that re-quired by the regulations in this sub-chapter is permitted provided that theexcess equipment does not endangerthe vessel or individuals on board inany way. The excess equipment must,at a minimum, be listed and labeled byan independent, nationally recognizedtesting laboratory and be in accord-ance with an appropriate industrystandard for design, installation, test-ing, and maintenance.


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§ 28.160 Portable fire extinguishers.

(a) Each vessel must meet the re-quirements of part 25, subpart 25.30 ofthis chapter.

(b) Each vessel 65 feet (19.8 meters) ormore in length must be equipped withthe minimum number, location, andtype of portable fire extinguishersspecified in table 28.160.

TABLE 28.160.—PORTABLE FIRE EXTINGUISHERS FOR VESSELS 65 FEET (19.8 METERS) OR MOREIN 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 stair-ways.)

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 in-volved.

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 ofexits, 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 propelling

machinery.B–II ................................ 1 for each 1,000 brake horsepower or fraction

thereof but not less than 2 nor more than 6.Electric propulsion motors or generator unit of

open type.C–II ............................... 1 for each propulsion motor generator unit.

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.

Each vessel must have posted in ahighly visible location accessible tothe crew a placard measuring at least 5inches by 7 inches (127 millimeters by178 millimeters) which reads:

Notice

Report All Injuries

United States law, 46 United States Code10603, requires each seaman on a fishing ves-sel, fish processing vessel, or fish tender ves-sel to notify the master or individual incharge of the vessel or other agent of the em-ployer regarding any illness, disability, orinjury suffered by the seaman when in serv-ice to the vessel not later than seven daysafter the date on which the illness, disabil-ity, or injury arose.

Subpart C—Requirements for Doc-umented Vessels That Oper-ate Beyond the BoundaryLines or With More Than 16 In-dividuals On Board, or for FishTender Vessels Engaged inthe Aleutian Trade

§ 28.200 Applicability.Each documented commercial fishing

industry vessel must meet the require-ments of this subpart in addition to therequirements of subparts A and B ofthis part if it:

(a) Operates beyond the BoundaryLines;

(b) Operates with more than 16 indi-viduals on board; or

(c) Is a fish tender vessel engaged inthe Aleutian trade.

[CGD 94–025, 60 FR 54444, Oct. 24, 1995]

§ 28.205 Fireman’s outfits and self-con-tained breathing apparatus.

(a) Each vessel that operates withmore than 49 individuals on board mustbe equipped with at least two fireman’soutfits stowed in widely separated lo-cations.


294

46 CFR Ch. I (10–1–96 Edition)§ 28.210

(b) Each vessel that uses ammonia asa refrigerant must be equipped with atleast two self-contained breathingapparatuses.

(c) A fireman’s outfit must consist ofone self-contained breathing apparatuswith lifeline attached, one flashlight, arigid helmet, boots, gloves, protectiveclothing, and one fire axe.

(d) At least one spare air bottle mustbe provided for each self-containedbreathing apparatus.

(e) Each self-contained breathing ap-paratus must be approved by the MineSafety and Health Administration(MSHA) and by the National Institutefor Occupational Safety and Health(NIOSH), have as a minimum a 30minute air supply, and a full facepiece.

§ 28.210 First aid equipment and train-ing.

(a) Each vessel must have on board acomplete first aid manual and medi-cine chest of a size suitable for thenumber of individuals on board in areadily accessible location.

(b) First aid and cardiopulmonary re-suscitation (CPR) course certification.Certification in first aid and CPR mustbe as described in this paragraph.

(1) First aid—a certificate indicatingcompletion of a first aid course from:

(i) The American National Red Cross‘‘Standard First Aid and EmergencyCare’’ or ‘‘Multi-media Standard FirstAid’’ course; or

(ii) A course approved by the CoastGuard under § 10.205(h)(l)(ii) of thischapter.

(2) CPR—A certificate indicatingcompletion of course from:

(i) The American National Red Cross;(ii) The American Heart Association;

or(iii) A course approved by the Coast

guard under § 10.205(h)(2)(iii) of thischapter.

(c) Each vessel that operates withmore than 2 individuals on board musthave at least 1 individual certified infirst aid and at least 1 individual cer-tified in CPR. An individual certifiedin both first aid and CPR will satisfyboth of these requirements.

(d) Each vessel that operates withmore than 16 individuals on board musthave at least 2 individuals certified infirst aid and at least 2 individuals cer-

tified in CPR. An individual certifiedin both first aid and CPR may becounted for both requirements.

(e) Each vessel that operates withmore than 49 individuals on board musthave at least 4 individuals certified infirst aid and at least 4 individuals cer-tified in CPR. An individual certifiedin both first aid and CPR may becounted for both requirements.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991, asamended by CGD 95–012, 60 FR 48048, Sept. 18,1995]

§ 28.215 Guards for exposed hazards.(a) Each space on board a vessel must

meet the requirements of this section.(b) Suitable hand covers, guards, or

railing must be installed in way of ma-chinery which can cause injury to per-sonnel, such as gearing, chain or beltdrives, and rotating shafting. This isnot meant to restrict necessary accessto fishing equipment such as winches,drums, or gurdies.

(c) Each exhaust pipe from an inter-nal combustion engine which is withinreach of personnel must be insulated orotherwise guarded to prevent burns.

§ 28.225 Navigational information.(a) Each vessel must have at least

the following navigational informationon board:

(1) Marine charts of the area to betransited, published by the NationalOcean Service, Defense Mapping Agen-cy Hydrographic/Topographic Center,U.S. Army Corps of Engineers, or ariver authority that—

(i) Are of a large enough scale andhave enough detail to make safe navi-gation of the area possible; and

(ii) Are currently corrected.(2) For the area to be transited, a

currently corrected copy of, or applica-ble currently corrected extract from,each of the following publications:

(i) U.S. Coast Pilot; and(ii) Coast Guard Light List.(3) For the area to be transited, the

current edition of, or applicable cur-rent extract from, each of the followingpublications:

(i) Tide tables published by the Na-tional Ocean Service; and

(ii) Tidal current tables published bythe National Ocean Service, or rivercurrent publication issued by the U.S.


295


Army Corps of Engineers or a river au-thority.

(b) Each vessel of 39.4 feet (12 meters)or more in length that operates shore-ward of the COLREG DemarcationLines, as set forth in 33 CFR part 80,must carry on board and maintain forready reference a copy of the InlandNavigation Rules, as set forth in 33CFR chapter I, subchapter E.

§ 28.230 Compasses.Each vessel must be equipped with an

operable magnetic steering compasswith a compass deviation table at theoperating station.

§ 28.235 Anchors and radar reflectors.(a) Each vessel must be fitted with an

anchor(s) and chain(s), cable, or ropeappropriate for the vessel and the wa-ters of the intended voyage.

(b) Except for a vessel rigged withgear that provides a radar signaturefrom a distance of 6 miles, each non-metallic hull vessel must have a radarreflector.

§ 28.240 General alarm system.(a) Except as provided in paragraph

(f) of this section, each vessel with anaccommodation space or a work spacewhich is not adjacent to the operatingstation, must have an audible generalalarm system with a contact-maker atthe operating station suitable for noti-fying individuals on board in the eventof an emergency.

(b) The general alarm system mustbe capable of notifying an individual inany accommodation space or workspace where they may normally be em-ployed.

(c) In a work space where backgroundnoise makes a general alarm systemdifficult to hear, a flashing red lightmust also be installed.

(d) Each general alarm bell and flash-ing red light must be identified withred lettering at least 1⁄2 inch (13 milli-meters) high as follows:

Attention

General Alarm—When Alarm Sounds Go toYour Station.

(e) A general alarm system must betested prior to operation of the vesseland at least once each week thereafter.

(f) A public address system or othermeans of alerting all individuals onboard may be used in lieu of a generalalarm system provided it complieswith paragraphs (b), (c), and (e) of thissection and can be activated from theoperating station.


§ 28.245 Communication equipment.

(a) Except as provided in paragraphs(b) through (e) of this section, each ves-sel must be equipped as follows.

(1) Each vessel must be equipped witha VHF radiotelephone capable of trans-mitting and receiving on the frequencyor frequencies within the 156–162 MHzband necessary to communicate with apublic coast station or U.S. CoastGuard station serving the area inwhich the vessel is operating.

(2) Each vessel that operates morethan 20 miles from the coastline, in ad-dition to the VHF radiotelephone re-quired by paragraph (a)(1) of this sec-tion, must be equipped with a radio-telephone transceiver capable of trans-mitting and receiving on frequencies inthe 2–4 MHz band necessary to commu-nicate with a public coast station orU.S. Coast Guard station serving thearea in which the vessel is operating.

(3) Each vessel that operates morethan 100 miles from the coastline, inaddition to the communication equip-ment required by paragraph (a)(1) ofthis section must be equipped with aradiotelephone transceiver capable oftransmitting and receiving on fre-quencies in the 2–27.5 MHz band nec-essary to communicate with a publiccoast station or U.S. Coast Guard sta-tion serving the area in which the ves-sel is operating.

(4) Each vessel that operates in wa-ters contiguous to Alaska where nopublic coast station or U.S. CoastGuard station is within communica-tions range of a VHF radio transceiveroperating on the 156–162 MHz band orthe 2–4 MHz band, in addition to theVHF radio communication equipmentrequired by paragraph (a)(1) of this sec-tion, must be equipped with a radio-telephone transceiver capable of trans-mitting and receiving on frequencies in


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46 CFR Ch. I (10–1–96 Edition)§ 28.250

the 2–27.5 MHz band necessary to com-municate with a public coast station ora U.S. Coast Guard station serving thearea in which the vessel is operating.

(b) A single radio transceiver capableof meeting the requirements of para-graphs (a) (2) and (3), or paragraphs (a)(2), (3), and (4) of this section, is accept-able.

(c) Satellite communication capabil-ity with the system servicing the areain which the vessel is operating is ac-ceptable as an alternative to the re-quirements of paragraphs (a)(2), (a)(3),or (a)(4) of this section.

(d) A cellular telephone capable ofcommunicating with a public coast sta-tion or a U.S. Coast Guard station serv-ing the area in which the vessel is oper-ating is acceptable as an alternative tothe requirements of paragraphs (a)(2),(a)(3), or (a)(4) of this section.

(e) A radiotelephone transceiver in-stalled on board a vessel before Sep-tember 15, 1991, capable of transmittingand receiving on frequencies on the 4–20 MHz band may continue to be usedto satisfy the requirements of para-graphs (a)(3) and (a)(4) of this section.

(f) The principle operating position ofthe communication equipment must beat the operating station.

(g) Communication equipment mustbe installed to ensure safe operation ofthe equipment and to facilitate repair.It must be protected against vibration,moisture, temperature, and excessivecurrents and voltages. It must be lo-cated so as to minimize the possibilityof water intrusion from windows bro-ken by heavy seas.

(h) Communication equipment mustcomply with the technical standardsand operating requirements issued bythe Federal Communications Commis-sion, as set forth in 47 CFR part 80.

NOTE: Each vessel which uses radio equip-ment to meet the communication require-ments of this section must have a Ship RadioStation License issued by the Federal Com-munications Commission, as set forth in 47CFR part 80.

(i) All communication equipmentmust be provided with an emergencysource of power that complies with§ 28.375.

§ 28.250 High water alarms.On a vessel 36 feet (11.8 meters) or

more in length, a visual and audiblealarm must be provided at the operat-ing station to indicate high water levelin each of the following normally un-manned spaces:

(a) A space with a through-hull fit-ting below the deepest load waterline,such as the lazarette;

(b) A machinery space bilge, bilgewell, shaft alley bilge, or other spacesubject to flooding from sea water pip-ing within the space; and

(c) A space with a non-watertightclosure, such as a space with a non-wa-tertight hatch on the main deck.

§ 28.255 Bilge pumps, bilge piping, anddewatering systems.

(a) Each vessel must be equippedwith a bilge pump and bilge piping ca-pable of draining any watertight com-partment, other than tanks and smallbuoyancy compartments, under allservice conditions. Large spaces, suchas enginerooms must be fitted withmore than one suction line.

(b) In addition to the requirements ofparagraph (a) of this section, a spaceused in the sorting or processing of fishin which water is used must be fittedwith dewatering system capable ofdewatering the space under normalconditions of list and trim at the samerate as water is introduced. Pumpsused as part of the processing of fish donot count for meeting this require-ment. The dewatering system must beinterlocked with the pump(s) supplyingwater to the space, so that in the eventof failure of the dewatering system, thewater supply is inactivated.

(c) Except as provided by paragraph(f) of this section, each vessel 79 feet (24meters) or more in length must beequipped with a fixed, self-priming,powered, bilge pump connected to abilge manifold.

(d) If a bilge pump required by para-graph (a) of this section is portable, itmust be provided with a suitable suc-tion hose of adequate length to reachthe bilges of each watertight compart-ment it must serve and with a dis-charge hose of adequate length to en-sure overboard discharge. A portablepump must be capable of dewateringeach space it serves at a rate of at least


297


2 inches (51 millimeters) of water depthper minute.

(e) Except for a fire pump required by§ 28.315, a bilge pump may be used forother purposes.

(f) Except where an individual pumpis provided for a separate space or for aportable pump, each individual bilgesuction line must be led to a manifold.Each bilge suction line must be pro-vided with a stop valve at the manifoldand a check valve at some accessiblepoint in the bilge line to prevent unin-tended flooding of a space.

(g) Each bilge suction line anddewatering system suction must befitted with a suitable strainer to pre-vent clogging of the suction line.Strainers must have an open area ofnot less than three times the open areaof the suction line.

(h) Each vessel must comply with theoil pollution prevention requirementsof 33 CFR parts 151 and 155.

§ 28.260 Electronic position fixing de-vices.

Each vessel 79 feet (24 meters) ormore in length must be equipped withan electronic position fixing device ca-pable of providing accurate fixes forthe area in which the vessel operates.

§ 28.265 Emergency instruction.(a) Except as provided in paragraphs

(b) and (c) of this section, each vesselmust have emergency instructionsposted in conspicuous locations acces-sible to the crew.

(b) The instructions identified inparagraphs (d)(6), (d)(7), (d)(8), and(d)(9) of this section, may be kept read-ily available as an alternative to post-ing.

(c) On a vessel which operates withless than 4 individuals on board, theemergency instructions may be keptreadily available as an alternative toposting.

(d) The emergency instructions re-quired by this section must identify atleast the following information, as ap-propriate for the vessel:

(1) The survival craft embarkationstations aboard the vessel and the sur-vival craft to which each individual isassigned;

(2) The fire and emergency signal andthe abandon ship signal;

(3) If immersion suits are provided,the location of the suits and illustratedinstructions on the method for donningthe suits;

(4) Procedures for making a distresscall, such as:

(i) Make sure your communicationequipment is on.

(ii) Select 156.8 MHz (VHF channel16), 2182 kHz, or other distress fre-quency used in your area of operation.Note: VHF channel 16 and 2182 kHz onSSB are for emergency and calling pur-poses only.

(iii) Press microphone button andspeaking slowly—clearly—calmly say:‘‘Mayday—Mayday—Mayday’’

(iv) Say: ‘‘This is the M/V (Insertname of your vessel), (Insert name ofyour vessel), (Insert name of your ves-sel), Over.’’

(v) Release the microphone buttonbriefly and listen for acknowledgment.If no one answers, repeat steps in para-graphs (d)(4) (iii) and (iv) of this sec-tion.

(vi) If there is still no answer, or ifthe Coast Guard or another vessel re-sponds, say: ‘‘Mayday—This is the M/V(Insert Name of Your Vessel).’’

(vii) Describe your position usinglatitude and longitude coordinates,LORAN coordinate, or range and bear-ing from a known point.

(viii) State the nature of the distress.(ix) Give number of individuals

aboard and the nature of any injuries.(x) Estimate the present seaworthi-

ness of your vessel.(xi) Describe your vessel: (Insert

length, color, hull type, trim, masts,power, and any additional distinguish-ing features).

(xii) Say: ‘‘I will be listening onChannel 16/2182 (or other channel mon-itored).’’

(xiii) End message by saying: ‘‘This is(insert vessel’s name and call sign).’’

(xiv) If your situation permits, standby the radio to await further commu-nication with the Coast Guard or an-other vessel. If no answer, repeat, thentry another channel.

(5) Essential action that must betaken in an emergency by each individ-ual, such as:

(i) Making a distress call.(ii) Closing of hatches, airports, wa-

tertight doors, vents, scuppers, and


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46 CFR Ch. I (10–1–96 Edition)§ 28.270

valves for intake and discharge lineswhich penetrate the hull, stopping offans and ventilation systems, and oper-ation of all safety equipment.

(iii) Preparing and launching of sur-vival craft and rescue boats.

(iv) Fighting a fire.(v) Mustering of personnel includ-

ing—(A) Seeing that they are properly

dressed and have put on their life-jackets or immersion suits; and

(B) Assembling personnel and direct-ing them to their appointed stations.

(vi) Manning of fire parties assignedto deal with fires.

(vii) Special duties required for theoperation of fire fighting equipment.

(6) The procedures for rough weatherat sea, crossing hazardous bars, flood-ing, and anchoring of the vessel, suchas:

(i) Close all watertight and weather-tight doors, hatches and airports toprevent taking water aboard or furtherflooding in the vessel.

(ii) Keep bilges dry to prevent loss ofstability due to water in bilges. Usepower driven bilge pump, hand pump,and buckets to dewater.

(iii) Align fire pumps to use as bilgepumps, if possible.

(iv) Check all intake and dischargelines which penetrate the hull for leak-age.

(v) Personnel should remain station-ary and evenly distributed.

(vi) Personnel should don lifejacketsand immersion suits if the going be-comes very rough, the vessel is aboutto cross a hazardous bar, or when oth-erwise instructed by the master or in-dividual in charge of the vessel.

(7) The procedures for anchoring thevessel.

(8) The procedures to be used in theevent an individual falls overboard,such as:

(i) Throw a ring life buoy as close tothe individual as possible;

(ii) Post a lookout to keep the indi-vidual in the water in sight;

(iii) Launch the rescue boat and ma-neuver it to pick up the individual inthe water;

(iv) Have a crewmember put on a life-jacket or immersion suit, attach asafety line to the crewmember, andhave the crewmember standby to jump

into the water to assist in recoveringthe individual in the water if nec-essary;

(v) If the individual overboard is notimmediately located, notify the CoastGuard and other vessels in the vicinity;and

(vi) Continue searching until releasedby the Coast Guard.

(9) Procedures for fighting a fire,such as:

(i) Shut off air supply to the fire—close hatches, ports, doors, ventilators,and similar openings.

(ii) Deenergize the electrical systemssupplying the affected space, if pos-sible.

(iii) Immediately use a portable fireextinguisher or use water for fires inordinary combustible materials. Do notuse water on electrical fires.

(iv) If the fire is in a machineryspace, shut off the fuel supply and ven-tilation system and activate the fixedextinguishing system, if installed.

(v) Maneuver the vessel to minimizethe effect of wind on the fire.

(vi) If unable to control the fire, im-mediately notify the Coast Guard andother vessels in the vicinity.

(vii) Move personnel away from thefire, have them put on lifejackets, andif necessary, prepare to abandon thevessel.

§ 28.270 Instruction, drills, and safetyorientation.

(a) Drills and instruction. The masteror individual in charge of each vesselmust ensure that drills are conductedand instruction is given to each indi-vidual on board at least once eachmonth. Instruction may be provided inconjunction with drills or at othertimes and places provided it ensuresthat each individual is familiar withtheir duties and their responses to atleast the following contingencies:

(1) Abandoning the vessel;(2) Fighting a fire in different loca-

tions on board the vessel;(3) Recovering an individual from the

water;(4) Minimizing the affects of uninten-

tional flooding;(5) Launching survival craft and re-

covering lifeboats and rescue boats;


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(6) Donning immersion suits andother wearable personal flotation de-vices;

(7) Donning a fireman’s outfit and aself-contained breathing apparatus, ifthe vessel is so equipped;

(8) Making a voice radio distress calland using visual distress signals;

(9) Activating the general alarm; and(10) Reporting inoperative alarm sys-

tems and fire detection systems.(b) Participation in drills. Drills must

be conducted on board the vessel as ifthere were an actual emergency andmust include participation by all indi-viduals on board, breaking out andusing emergency equipment, testing ofall alarm and detection systems, don-ning protective clothing, and donningimmersion suits, if the vessel is soequipped.

(c) Training. No individual may con-duct the drills or provide the instruc-tions required by this section unlessthat individual has been trained in theproper procedures for conducting theactivity. An individual licensed for op-eration of inspected vessels of 100 grosstons or more need not have additionaltraining to comply with this require-ment.

(d) The viewing of videotapes con-cerning at least the contingencies list-ed in paragraph (a) of this section,whether on board the vessel or not, fol-lowed by a discussion led by an individ-ual familiar with these contingencieswill satisfy the requirement for in-struction but not the requirement fordrills in paragraph (b) of this section orfor the safety orientation in paragraph(e) of this section.

(e) Safety orientation. The master orindividual in charge of a vessel mustensure that a safety orientation isgiven to each individual on board thathas not received the instruction andhas not participated in the drills re-quired by paragraph (a) of this sectionbefore the vessel may be operated.

(f) The safety orientation must ex-plain the emergency instructions re-quired by § 28.265 and cover the specificevolutions listed in paragraph (a) ofthis section.

NOTE: The individual conducting the drillsand instruction need not be the master, indi-

vidual in charge of the vessel, or a memberof the crew.


Subpart D—Requirements for Ves-sels Which Have Their KeelLaid or Are at a Similar Stageof Construction on or After orWhich Undergo a Major Con-version Completed on or AfterSeptember 15, 1991, and ThatOperate With More Than 16Individuals on Board

§ 28.300 Applicability and general re-quirements.

Each commercial fishing industryvessel which has its keel laid or is at asimilar stage of construction on orafter or which undergoes a major con-version completed on or after Septem-ber 15, 1991, and that operates withmore than 16 individuals on board mustcomply with the requirements of thissubpart in addition to the require-ments of subparts A, B, and C of thispart.

§ 28.305 Lifesaving and signalingequipment.

Each vessel to which this subpart ap-plies must meet the requirements forlife preservers, immersion suits, ringlife buoys, distress signals, and sur-vival craft in §§ 28.110, 28.115, 28.145 andtable 28.120 (a), (b), or (c), as appro-priate for the vessel type, on the datethat its construction or major conver-sion is completed.

§ 28.310 Launching of survival craft.

A gate or other opening must be pro-vided in the deck rails, lifelines, or bul-warks adjacent to the stowage locationof each survival craft which weighsmore than 110 pounds (489 Newtons), toallow the survival craft to be manuallylaunched.

§ 28.315 Fire pumps, fire mains, firehydrants, and fire hoses.

(a) Each vessel 36 feet (11.8 meters) ormore in length must be equipped witha self-priming, power driven fire pumpconnected to a fixed piping system.


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46 CFR Ch. I (10–1–96 Edition)§ 28.320

(1) A fire pump on a vessel 79 feet (24meters) or more in length must be ca-pable of delivering water simulta-neously from the two highest hydrants,or from both branches of the fitting ifthe highest hydrant has a siamese fit-ting, at a pitot tube pressure of at least50 psi (0.345 Newtons per square milli-meter) and a flow rate of at least 80gpm (303 liters per minute).

(2) Each vessel with a power drivenfire pump must be equipped to permitenergizing the fire main from the oper-ating station and from the pump.

(b) Fire main, hydrants, hoses and noz-zles.

(1) A vessel required to have a fixedfire main system must have a suffi-cient number of fire hydrants to reachany part of the vessel using a singlelength of fire hose.

(2) A fire hose must be connected toeach fire hydrant at all times the ves-sel is operating.

(3) A fire hose on a vessel less than 79feet (24 meters) in length must be atleast 5⁄8 inch (16 millimeters) nominaldiameter, be of good commercial gradeand be fitted with a nozzle of corrosionresistant material capable of providinga solid stream and a spray pattern.

(4) A fire hose on a vessel 79 feet (24meters) or more in length must belined commercial fire hose and befitted with a nozzle made of corrosionresistant material capable of providinga solid stream and a spray pattern.

§ 28.320 Fixed gas fire extinguishingsystems.

(a) Requirements for vessels 79 feet (24meters) or more in length. A vessel 79 feet(24 meters) or more in length must befitted with a fixed gas fire extinguish-ing system in the following enclosedspaces:

(1) A space containing an internalcombustion engine of more than 50horsepower;

(2) A space containing an oil firedboiler;

(3) An incinerator and;(4) A space containing a gasoline

storage tank.(b) System types and alternatives.(1) A pre-engineered fixed gas fire ex-

tinguishing system may only be in-stalled in a normally unoccupied ma-chinery space, a paint locker, or a

space containing flammable liquidstores, which has a gross volume of notmore than 1200 cubic feet (42.4 cubicmeters).

(2) A fixed gas fire extinguishing sys-tem, which is capable of automatic dis-charge upon heat detection, may onlybe installed in a normally unoccupiedspace with a gross volume of not morethan 6000 cubic feet (21.2 cubic meters).

(3) A space with a gross volume ex-ceeding 6000 cubic feet (21.2 cubic me-ters) must be fitted with a manuallyactuated and alarmed, fixed gas fire ex-tinguishing system.

(c) General requirements.(1) A fixed gas fire extinguishing sys-

tem aboard a vessel must be approvedby the Commandant and be custom en-gineered, unless the system meets therequirements for a pre-engineered fixedgas fire extinguishing system in para-graph (d) of this section.

(2) System components must be list-ed and labeled by an independent, na-tionally recognized testing laboratoryfor the system being installed.

(3) System design and installationmust be in accordance with the Manu-facturer’s Marine Design, Installation,Operation, and Maintenance Manualapproved for the system by the Com-mandant.

(4) A fixed gas fire extinguishing sys-tem may protect more than one space.The quantity of extinguishing agentmust be at least sufficient for the larg-est space protected by the system.

(d) Pre-engineered fixed gas fire extin-guishing systems.

(1) A pre-engineered fixed gas fire ex-tinguishing system must:

(i) Be approved by the Commandant;(ii) Be capable of manual actuation

from outside the space in addition toany automatic actuation devices; and

(iii) Automatically shut down allpower ventilation systems serving theprotected space and all engines thatdraw intake air from within the pro-tected space.

(2) A vessel on which a pre-engi-neered fixed gas fire extinguishing sys-tem is installed must have the follow-ing equipment at the operating station:

(i) A visual alarm to indicate the dis-charge of the extinguishing agent;


301


(ii) An audible alarm to sound upondischarge of the extinguishing agent;and

(iii) A means to reset devices used toautomatically shut down ventilationsystems and engines as required byparagraph (d)(1)(iii) of this section.

§ 28.325 Fire detection systems.

(a) Each accommodation space mustbe equipped with an independent modu-lar smoke detector or a smoke actu-ated fire detecting unit installed in ac-cordance with 46 CFR part 76, subpart76.33.

(b) An independent modular smokedetector must meet UL 217 and be list-ed as a ‘‘Single Station Smoke Detec-tor—Also suitable for use in Rec-reational Vehicles.’’

§ 28.330 Galley hood and other fireprotection equipment.

(a) Each vessel must be fitted with agrease extraction hood complying withUL 710 above each grill, broiler, anddeep fat fryer.

(b) Each grease extraction hood mustbe equipped with a pre-engineered dryor wet chemical fire extinguishing sys-tem meeting the applicable sections ofNFPA 17 or 17A and must be listed byan independent laboratory.

(c) A vessel 79 feet (24 meters) ormore in length must have at least onefire axe located in or adjacent to theoperating station.

§ 28.335 Fuel systems.

(a) Applicability. Except for the com-ponents of an outboard engine or port-able bilge pump, each vessel must meetthe requirements of this section.

(b) Portable fuel systems. Portable fuelsystems including portable tanks andrelated fuel lines and accessories areprohibited except where used for out-board engines or portable bilge pumps.The design, construction, and stowageof portable tanks and related fuel linesand accessories must meet the require-ments of ABYC H–25.

(c) Fuel restrictions. Except for out-board engines, the use of fuel otherthan bunker C or diesel is prohibited.An installation using bunker C mustcomply with the requirements of sub-chapter F of this chapter.

(d) Vent pipes for integral fuel tanks.Each integral fuel tank must meet therequirements of this paragraph.

(1) Each fuel tank must be fitted witha vent pipe connected to the highestpoint of the tank terminating in a 180degree (3.14 radians) bend on a weatherdeck and fitted with a flame screen.

(2) Except where provision is made tofill a tank under pressure, the netcross-sectional area of the vent pipe fora fuel tank must not be less than 0.484square inches (312.3 square millime-ters).

(3) Where provision is made to fill atank under pressure, the net cross-sec-tional area of the vent pipe must notbe less than that of the fill pipe.

(e) Fuel piping. Except as permittedin paragraph (e)(1) and (e)(2) of thissection, each fuel line must be seam-less and must be of steel, annealed cop-per, nickel-copper, or copper-nickel.Each fuel line must have a wall thick-ness of not less than that of 0.035 inch(0.9 millimeters) except that:

(1) Aluminum piping is acceptable onan aluminum hull vessel provided it isinstalled outside the machinery spaceand is at least Schedule 80 in thick-ness; and

(2) Nonmetallic flexible hose is ac-ceptable but must—

(i) Not be used in lengths of morethan 30 inches (0.82 meters);

(ii) Be visible, easily accessible, andmust not penetrate a watertight bulk-head;

(iii) Be fabricated with an inner tubeand a cover of synthetic rubber orother suitable material reinforced withwire braid.

(iv) Be fitted with suitable, corrosionresistant, compression fittings; and

(v) Be installed with two clamps ateach end of the hose, if designed for usewith clamps. Clamps must not rely onspring tension and must be installedbeyond the bead or flare or over theserrations of the mating spud, pipe, orhose fitting.

(f) A fuel line subject to internalhead pressure from fuel in the tankmust be fitted with a positive shutoffvalve located at the tank which is op-erable from a safe location outside thespace in which the valve is located.

(g) A vessel less than 79 feet (24 me-ters) in length may comply with one of


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46 CFR Ch. I (10–1–96 Edition)§ 28.340

the following standards in lieu of therequirements of paragraphs (e) and (f)of this section.

(1) ABYC H–33.(2) Chapter 5 of NFPA 302.(3) 33 CFR Chapter I, subchapter S

(Boating Safety).

§ 28.340 Ventilation of enclosed engineand fuel tank spaces.

(a) Applicability. Each vessel with agasoline outboard engine or gasolinestorage tank must comply with the re-quirements of this section.

(b) Ventilation of spaces containinggasoline. Each space that contains agasoline engine, a gasoline storagetank, or gasoline piping connected toan integral gasoline tank must be opento the atmosphere and so arranged asto prevent the entrapment of vapors orbe ventilated by a mechanical exhaustsystem with a nonsparking fan. Thefan motor must comply with 46 CFR111.105–23.

(c) Alternative standards. A vessel lessthan 65 feet in length with ventilationinstallations in accordance with NFPA302, chapter 2, section 2–2, or ABYC H–2 and 33 CFR part 183, subpart K, willbe considered as meeting the require-ments of this section.

§ 28.345 Electrical standards for ves-sels less than 79 feet (24 meters) inlength.

(a) A vessel less than 79 feet (24 me-ters) in length with an alternating cur-rent electrical distribution system maycomply with the requirements of ABYCE–8 and either paragraph (c) or (d) ofthis section, as applicable, in lieu ofmeeting the requirements of §§ 28.350through 28.370.

(b) A vessel less than 79 feet (24 me-ters) in length with a direct currentsystem may comply with the require-ments of ABYC E–1, ABYC E–9, and ei-ther paragraph (c) or (d) of this section,as applicable, in lieu of meeting the re-quirements of §§ 28.350 through 28.370.

(c) In addition to paragraph (a) or (b)of this section, the vessel may complywith the requirements of NFPA 302,chapters 7 and 8.

(d) In addition to paragraph (a) or (b)of this section, the vessel may complywith the requirements of 33 CFR part183, subpart I and § 28.370.

§ 28.350 General requirements for elec-trical systems.

(a) Electrical equipment exposed tothe weather or in a location exposed toseas must be waterproof, watertight, orenclosed in a watertight housing.

(b) Aluminum must not be used forcurrent carrying parts of electricalequipment or wiring.

(c) As far as practicable, electricalequipment must not be installed inlockers used to store paint, oil, turpen-tine, or other flammable or combus-tible liquid. If electrical equipment,such as lighting, is necessary in thesespaces, it must be explosion-proof orintrinsically safe.

(d) Explosion-proof and intrinsicallysafe equipment must meet the require-ments of 46 CFR part 111, subpart111.105.

(e) Metallic enclosures and frames ofelectrical equipment must be ground-ed.

(f) Each vessel with a nonmetallichull must have a continuous, non-cur-rent carrying grounding conductorwhich connects together the enclosuresand frames of electrical equipment andwhich connects metallic items such asengines, fuel tanks, and equipment en-closures to a common ground point.

(g) The equipment grounding conduc-tor must be sized in accordance withsection 250–95 of NFPA Standard 70.

§ 28.355 Main source of electricalpower.

(a) Applicability. Each vessel that re-lies on electricity to power any of thefollowing essential loads must have atleast two electrical generators to sup-ply these loads:

(1) The propulsion system and itsnecessary auxiliaries and controls;

(2) Interior lighting;(3) Steering systems;(4) Communication systems;(5) Navigation equipment and naviga-

tion lights;(6) Fire protection or detection

equipment;(7) Bilge pumps; or(8) General alarm system.(b) Each generator must be attached

to an independent prime mover.


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§ 28.360 Electrical distribution sys-tems.

(a) Each electrical distribution sys-tem which has a neutral bus or conduc-tor must have the neutral bus or con-ductor grounded.

(b) A grounded electrical distributionsystem must have only one connectionto ground. This ground connectionmust be at the switchboard or, on anonmetallic vessel, at the commonground point.

§ 28.365 Overcurrent protection andswitched circuits.

(a) Each power source must be pro-tected against overcurrent. Overcur-rent devices for generators must be setat a value not exceeding 115 percent ofthe generator full load rating.

(b) Except for a steering circuit, eachcircuit must be protected against bothoverload and short circuit. Each over-current device in a steering systempower and control circuit must provideshort circuit protection only.

(c) Each ungrounded current carryingconductor must be protected in accord-ance with its current carrying capacityby a circuit breaker or fuse at the con-nection to the switchboard or distribu-tion panel bus.

(d) Each circuit breaker and eachswitch must simultaneously open allungrounded conductors.

(e) The grounded conductor of a cir-cuit must not be disconnected by aswitch or an overcurrent device unlessall ungrounded conductors of the cir-cuit are simultaneously disconnected.

(f) Navigation light circuits must beseparate, switched circuits havingfused disconnect switches or circuitbreakers so that only the appropriatenavigation lights can be switched on.

(g) A separate circuit with overcur-rent protection at the main distribu-tion panel or switchboard must be pro-vided for each radio installation.

§ 28.370 Wiring methods and materials.(a) All cable and wire must have in-

sulated, stranded copper conductors ofthe appropriate size and voltage ratingfor the circuit.

(b) Each conductor must be No. 22AWG or larger. Conductors in powerand lighting circuits must be No. 14AWG or larger. Conductors must be

sized so that the voltage drop at theload terminals is not more than 10 per-cent.

(c) Cable and wiring not servingequipment in a high risk fire area suchas a galley, laundry, or machineryspace must be routed as far as prac-ticable from these spaces. As far aspracticable, cables serving duplicatedessential equipment must be separatedso that a casualty that affects onecable does not affect the other.

(d) Cable and wire for power andlighting circuits must:

(1) For circuits of less than 50 volts,meet 33 CFR 183.425 and 183.430; and

(2) For circuits of 50 volts or greater:(i) Meet sections 310–13 and 310–15 of

NFPA 70, except that asbestos insu-lated cable and dry location cable mustnot be used;

(ii) Be listed by Underwriters Labora-tories Inc. as UL Boat or UL MarineShipboard cable; or

(iii) Meet 46 CFR part 111, subpart111.60.

(e) All metallic cable armor must beelectrically continuous and groundedto the metal hull or the commonground point at each end of the cablerun, except that final sub-circuits(those supplying loads) may be ground-ed at the supply end only.

(f) A wiring termination and connec-tion must be made in a fire retardantenclosure such as a junction box, fix-ture enclosure, or panel enclosure. Afire retardant plastic enclosure is ac-ceptable.

§ 28.375 Emergency source of electricalpower.

(a) Each vessel must have an emer-gency source of electrical power whichis independent of the main sources ofelectrical power and which is locatedoutside the main machinery space.

(b) The emergency source of elec-trical power must be capable of supply-ing all connected loads continuouslyfor at least 3 hours.

(c) Except as provided in paragraphs(d) and (e) of this section, the followingelectrical loads must be connected tothe emergency source of power:

(1) Navigation lights;(2) Steering systems;(3) Bilge pumps;


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46 CFR Ch. I (10–1–96 Edition)§ 28.380

(4) Fire protection and detection sys-tems, including fire pumps;

(5) Communication equipment;(6) General alarm system and;(7) Emergency lighting.(d) A vessel less than 36 feet (11.0 me-

ters) in length need only supply com-munication equipment by an emer-gency source of electrical power ifflashlights are provided.

(e) A vessel less than 79 feet (24 me-ters) in length which is not dependentupon electrical power for propulsion,including propulsion control systemsor steering, need only supply emer-gency lighting, navigation equipment,general alarm system, and communica-tion systems by the emergency sourceof power.

(f) Where the emergency source ofpower is a generator, the generatorprime mover must have a fuel supplywhich is independent of other primemovers.

[CGD 88–079; 56 FR 40393, Aug. 14, 1991; 56 FR49822, Oct. 1, 1991]

§ 28.380 General structural fire protec-tion.

(a) Fire hazards to be minimized. Eachvessel must be constructed so as tominimize fire hazards insofar as is rea-sonable and practicable.

(b) Combustibles insulated from heatedsurfaces. An internal combustion en-gine exhaust, galley uptake, or similarsource of ignition must be kept clear ofand suitably insulated from combus-tible material. A dry exhaust systemfor an internal combustion engine on awooden or fiber reinforced plastic ves-sel must be installed in accordancewith ABYC P–1.

(c) Separation of machinery and fueltank spaces from accommodation spaces.

(1) Each accommodation space mustbe separated from machinery and fueltank spaces by a fire resistant bound-ary which will prevent the passage ofvapors.

(2) Each pipe and cable penetrationbetween an accommodation space and amachinery or a fuel tank storage spacemust be sealed.

(d) Paint and flammable liquid lockers.Each vessel carrying paint and flam-mable liquids must be equipped with asteel or a steel lined storage locker.

(e) Insulation. Except as provided inparagraphs (e)(1) and (e)(2) of this sec-tion, insulation must be noncombus-tible.

(1) In machinery spaces, combustibleinsulation may be used for pipe andmachinery lagging.

(2) In cargo spaces and refrigeratedcompartments of service spaces, com-bustible insulation may be used.

(f) Vapor barrier. Where insulation ofany type is used in spaces where flam-mable and combustible liquids or va-pors are present, e.g., machinery spacesand paint lockers, a vapor barrierwhich covers the insulation must beprovided.

(g) Paint. Nitrocellulose or otherhighly flammable or noxious fume pro-ducing paints or lacquers must not beused on the vessel.

(h) Mattresses. Polyurethane foammattresses are prohibited.

NOTE: The U.S. Department of CommerceStandard for Mattress Flammability (FF4–72.16) in 16 CFR part 1632, subpart A, appliesto each mattress.

(i) Fiber reinforced plastic. When thehull, a deck, deckhouse, or super-structure of a vessel is partially orcompletely constructed of fiber rein-forced plastic, the resin used must befire retardant.

(j) Cooking areas. Vertical or hori-zontal surfaces within 3 feet (0.91 me-ters) of cooking appliances must becomposed of noncombustible materialor covered by noncombustible mate-rial. Curtains, draperies, or free hang-ing fabrics are not permitted within 3feet (1 meter) of cooking appliances.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR49822, Oct. 1, 1991]

§ 28.385 Structural fire protection forvessels that operate with more than49 individuals on board.

(a) Applicability. Each vessel that op-erates with more than 49 individuals onboard must comply with the require-ments of this section in addition to therequirements of § 28.380.

(b) Construction. The hull, structuralbulkheads, columns and stanchionsmust be composed of steel. Super-structures and deckhouses must beconstructed of noncombustible mate-rial.


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Coast Guard, DOT §28.405

(c) Protection of accommodation spaces.A bulkhead or deck separating an ac-commodation space from a control sta-tion, machinery space, cargo space, orservice space must be constructed ofnoncombustible material.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR49822, Oct. 1, 1991]

§ 28.390 Means of escape.

(a) Each space which is used by an in-dividual on a regular basis or which isgenerally accessible to an individualmust have at least two widely sepa-rated means of escape. At least one ofthe means of escape must be independ-ent of watertight doors. Subject to therestrictions of this section, means ofescape include normal exits and emer-gency exits, passageways, stairways,ladders, deck scuttles, and windows.

(b) At least one of the means of es-cape from each space must provide asatisfactory route to weather.

(c) Each door, hatch or scuttle usedas a means of escape must be capable ofbeing opened by one individual, fromeither side, in both light dark condi-tions, must open towards the expecteddirection of escape from the spaceserved, and if a watertight door be ofthe quick acting type.

(d) Each deck scuttle which serves asa means of escape, must be fitted witha quick-acting release and a device tohold the scuttle in an open position.

(e) Each foothold, handhold, ladder,or similar structure, provided to aid es-cape, must be suitable for use in emer-gency conditions and must be of rigidconstruction.

(f) A window or windshield of suffi-cient size and proper accessibility maybe used as one of the required means ofescape from an enclosed space.

§ 28.395 Embarkation stations.

Each vessel must have at least onedesignated survival craft embarkationstation and any additional embar-kation stations necessary so that anembarkation station is readily acces-sible from each accommodation spaceand work space. Each embarkation sta-tion must be arranged to allow the safeboarding of survival craft.

§ 28.400 Radar and depth sounding de-vices.

(a) Each vessel must be fitted with ageneral marine radar system for sur-face navigation with a radar screenmounted at the operating station.

(b) Each vessel must be fitted with asuitable echo depth sounding device.

§28.405 Hydraulic equipment.

(a) Each hydraulic system must be sodesigned and installed that proper op-eration of the system is not affected byback pressure in the system.

(b) Piping and piping componentsmust be designed with a burst pressureof not less than four times the systemmaximum operating pressure.

(c) Each hydraulic system must beequipped with at least one pressure re-lieving device set to relieve at the sys-tem’s maximum operating pressure.

(d) All material in a hydraulic sys-tem must be suitable for use with thehydraulic fluid used and must be ofsuch chemical and physical propertiesas to remain ductile at the lowest oper-ating temperature likely to be encoun-tered by the vessel.

(e) Except for hydraulic steeringequipment, controls for hydraulicequipment must be located where theoperator has an unobstructed view ofthe hydraulic equipment and the adja-cent working area.

(f) Controls for hydraulic equipmentmust be so arranged that the operatoris able to quickly disengage the equip-ment in an emergency.

(g) Hydraulically operated machinerymust be equipped with a holding deviceto prevent uncontrolled movement dueto loss of hydraulic system pressure.

(h) A nonmetallic flexible hose mustonly be used between two points of rel-ative motion, including a pump andpiping system, and must meet SAE J1942.

(i) Each nonmetallic flexible hoseand hose assembly must be installed inaccordance with the manufacturer’srating and guidelines and must be lim-ited to a length of not more that 30inches (0.76 meters) in an applicationnot subject to torsional loading.


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46 CFR Ch. I (10–1–96 Edition)§ 28.410

§ 28.410 Deck rails, lifelines, stormrails, and hand grabs.

(a) Except as otherwise provided inparagraph (d) of this section, deckrails, lifelines, grab rails, or equivalentprotection must be installed near theperiphery of all weather decks acces-sible to individuals. Where space limi-tations make deck rails impractical,hand grabs may be substituted.

(b) The height of deck rail, lifelines,or bulwarks must be at least 391⁄2inches (1 meter) from the deck, except,where this height would interfere withthe normal operation of the vessel, alesser height may be substituted.

(c) All deck rails or lifelines must bepermanently supported by stanchionsat intervals of not more than 7 feet (2.3meters). Stanchions must be throughbolted or welded to the deck.

(d) Portable stanchions and lifelinesmay be installed in locations wherepermanently installed deck rails wouldimpede normal fishing operations oremergency recovery operations.

(e) Deck rails or lifelines must con-sist of evenly spaced courses. The spac-ing between courses must not be great-er than 15 inches (0.38 meters). Theopening below the lowest course mustnot be more than 9 inches (0.23 meters).Lower courses are not required whereall or part of the space below the upperrail is fitted with a bulwark, chain linkfencing, wire mesh, or an equivalent.

(f) A suitable storm rail or hand grabmust be installed where necessary in apassageway, at a deckhouse side, at aladder, and a hatch where an individualmight have normal access.

(g) A stern trawler must have doors,gates, or other protective arrange-ments at the top of the stern ramp atleast as high as adjacent bulwarks or391⁄2 inches (1 meter), whichever is less.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR49822, Oct. 1, 1991]

Subpart E—Stability

§ 28.500 Applicability.This subpart applies to each commer-

cial fishing industry vessel which is 79feet (24 meters) or more in length thatis not required to be issued a load lineunder subchapter E of this chapter andthat—

(a) Has its keel laid or is at a similarstage of construction or undergoes amajor conversion started on or afterSeptember 15, 1991;

(b) Undergoes alterations to the fish-ing or processing equipment for thepurpose of catching, landing, or proc-essing fish in a manner different thanhas previously been accomplished onthe vessel—these vessels need onlycomply with § 28.501 of this subpart; or

(c) Has been substantially altered onor after September 15, 1991.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR47679, Sept. 20, 1991, as amended by CGD 88–079, 57 FR 364, Jan. 6, 1992]

§ 28.501 Substantial alterations.

(a) Except as provided in paragraph(b) of this section, a vessel that is sub-stantially altered, including the cumu-lative effects of all alterations, neednot comply with the remainder of thissubpart, provided that it has stabilityinstructions developed by a qualifiedindividual which comply with § 28.530(c) through (e).

(b) A vessel that is substantially al-tered in a manner which adversely af-fects its stability, including the cumu-lative effects of all alterations, neednot comply with the remainder of thissubpart, provided the stability instruc-tions required by paragraph (a) of thissection are based on loading conditionsor operating restrictions, or both,which compensate for the adverse af-fects of the alterations.

(c) The following changes to a ves-sel’s lightweight characteristics areconsidered to adversely affect vesselstability:

(1) An increase in the vertical centerof gravity at lightweight by more than2 inches (51 millimeters) compared tothe original lightweight value.

(2) An increase or decrease of light-weight displacement by more than 3percent of the original lightweight dis-placement.

(3) A shift of the longitudinal centerof gravity of more than 1 percent of thevessel’s length.

(d) In determining whether or not avessel’s stability has been adversely af-fected, a qualified individual must, at aminimum, consider the net effects onstability of any:


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(1) Reduction of the downfloodingangle;

(2) Increase in the maximum heelingmoment caused by fishing gear orweight lifted over the side due tochanges in lifting arrangement or ca-pacity;

(3) Reduction in freeing port area;(4) Increase in free surface effects, in-

cluding increased free surface effectsdue to water on deck associated withany increase in length or height of bul-warks;

(5) Increase in projected wind area;(6) Decrease in the angle of maximum

righting arm;(7) Decrease in the area under the

righting arm curve; and(8) Increase in the surface area on

which ice can reasonably be expectedto accumulate.

§ 28.505 Vessel owner’s responsibility.

(a) Where a test or calculations arenecessary to evaluate stability, it isthe owner’s responsibility to select aqualified individual to perform the testor calculations.

(b) Test results and calculations de-veloped in evaluating stability must bemaintained by the owner.

§ 28.510 Definition of stability terms.

Downflooding means the entry of sea-water through any opening into thehull or superstructure of an undamagedvessel due to heel, trim, or submer-gence of the vessel.

Downflooding angle means the staticangle from the intersection of the ves-sel’s centerline and the waterline incalm water to the first opening thatcannot be closed weathertight andthrough which downflooding can occur.

Flush deck means a continuousweather deck located at the uppermostsheer line of the hull.

Forward perpendicular means a verti-cal line corresponding to the intersec-tion of the forward side of the vessel’sstem and the vessel’s waterline at thevessel’s deepest operating draft.

Open boat means a vessel not pro-tected from entry of water by means ofa complete deck, or by a combinationof partial weather deck and super-structure which is seaworthy for thewaters upon which the vessel operates.

Protected waters means sheltered wa-ters presenting no special hazards suchas most rivers, harbors, lakes, andsimilar waters as determined by theOCMI.

Qualified individual means an individ-ual or an organization with formaltraining in and experience in mattersdealing with naval architecture cal-culations.

Substantially altered means the vesselis physically altered in a manner thataffects the vessel’s stability and in-cludes:

(1) Alterations that result in achange of the vessel’s lightweight ver-tical center of gravity of more than 2inches (51 millimeters), a change in thevessel’s lightweight displacement ofmore than 3 percent, or an increase ofmore than 5 percent in the vessel’s pro-jected lateral area, as determined bytests or calculations;

(2) Alterations which change the ves-sel’s underwater shape;

(3) Alterations which change a ves-sel’s angle of downflooding; and

(4) Alterations which change a ves-sel’s buoyant volume.

Well deck means a weather deckfitted with solid bulwarks that impedethe drainage of water over the sides oran exposed recess in the weather deckextending one-half or more of thelength of the vessel.

§ 28.515 Submergence test as an alter-native to stability calculations.

(a) A vessel may comply with thissection in lieu of the remainder of therequirements in this subpart. A certifi-cation plate installed under 33 CFRpart 183, subpart B, is acceptable evi-dence of compliance with this section.

(b) A vessel which is fitted with in-board engines and loaded as describedin paragraph (e) of this section mustfloat in calm water, after being sub-merged for 18 hours, so that—

(1) For a open vessel, any portion ofthe vessel’s gunwale is above the wa-ter’s surface; or

(2) For a decked vessel, any portionof the main deck is above the water’ssurface.

(c) A vessel which is fitted with anoutboard engine must be loaded as de-scribed in paragraph (e) of this section


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46 CFR Ch. I (10–1–96 Edition)§ 28.530

and must float in calm water afterbeing submerged for 18 hours so that—

(1) The vessel has an equilibrium heelangle of less than 10°;

(2) Any portion of the vessel’s hull isabove the water’s surface; and

(3) Any portion of the lowest 3 feet(0.91 meters) of the vessel’s hull is notmore than 6 inches (152 millimeters)below the water’s surface as measuredat the lowest point on the following—

(i) The gunwale, for an open boat; or(ii) The main deck, for a decked ves-

sel.(d) A vessel which is fitted with an

outboard engine must be loaded as de-scribed in paragraph (f) of this sectionand must survive the submergence de-scribed in paragraph (c) of this section,except that the equilibrium heel anglemust not exceed 30° and the vesselmust float with the lower end of thevessel not more than 12 inches (0.31 me-ters) below the water’s surface in calmwater.

(e) For the tests described in para-graph (b) and (c) of this section, a ves-sel must be complete in all respects,except that machinery which would bedamaged by water may be replacedwith equivalent fixed weight in thesame location as the machinery it re-places. The vessel must be loaded withweight to represent the most adverseloading condition. The most adverseloading condition normally includesthe maximum weight of fish in itshighest possible location. Weightsmust be substituted for operating per-sonnel at 165 pounds (734 Newtons) perindividual and may be substituted forfishing gear. The substitute weightsmay be located transversely so thatthe vessel floats level prior to beingsubmerged. The two largest air cham-bers, or compartments of a decked ves-sel not used as fuel tanks, that contrib-ute buoyancy to the vessel must beflooded.

(f) For the test described in para-graph (d) of this section, a vessel mustbe complete and loaded as described inparagraph (e) of this section, exceptthat the center of gravity of the equiv-alent maximum fish load must be lo-cated to one side of the vessel’s center-line by a distance equal to one-fifth ofthe maximum transverse dimension ofthe fish storage space.

§ 28.520 [Reserved]


§ 28.530 Stability instructions.

(a) Intent. The intent of this sectionis to ensure that vessel masters and in-dividuals in charge of vessels are pro-vided with enough stability informa-tion to allow them to maintain theirvessel in a satisfactory stability condi-tion. The rules provide maximum flexi-bility for owners and qualified individ-uals to determine how this informationis conveyed, taking into considerationdecisions by operating personnel mustbe made quickly and that few operat-ing personnel in the commercial fish-ing industry have had specialized train-ing in stability. Therefore, stability in-structions should take into accountthe conditions a vessel may reasonablybe expected to encounter and providesimple guidance for the operating per-sonnel to deal with these situations.

(b) Each vessel must be provided withstability instructions which providethe master or individual in charge ofthe vessel with loading constraints andoperating restrictions which maintainthe vessel in a condition which meetsthe applicable stability requirementsof this subpart.

(c) Stability instructions must be de-veloped by a qualified individual.

(d) Stability instructions must be ina format easily understood by the mas-ter or individual in charge of the ves-sel. Units of measure, language, andrigor of calculations in the stability in-structions must be consistent with theability of the master or the individualin charge of the vessel. The format ofthe stability instructions may include,at the owner’s discretion, any of thefollowing:

(1) Simple loading instructions;(2) A simple loading diagram with in-

structions;(3) A stability booklet with sample

calculations; or(4) Any other appropriate format for

providing stability instructions.(e) Stability instructions must be de-

veloped based on the vessel’s individualcharacteristics and may include thefollowing, as appropriate for the for-mat chosen for presentation:


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(1) A general description of the ves-sel, including lightweight data;

(2) Instructions on the use of the in-formation;

(3) General arrangement plans show-ing watertight compartments, closures,vents, downflooding angles, and allow-able weights;

(4) Loading restrictions, such as dia-grams, tables, descriptions or maxi-mum KG curves;

(5) Sample loading conditions;(6) General precautions for prevent-

ing unintentional flooding;(7) Capacity plan or tank sounding

tables showing tank and hold capac-ities, centers of gravity, and free sur-face effects;

(8) A rapid and simple means for eval-uating any specific loading condition;

(9) The amount and location of fixedballast;

(10) Any other necessary guidance formaintaining adequate stability undernormal and emergency conditions;

(11) A general description of the sta-bility criteria that are used in develop-ing the instructions;

(12) Guidance on the use of roll limi-tation devices such as stabilizers; and

(13) Any other information the ownerfeels is important to the stability andoperation of the vessel.

§ 28.535 Inclining test.(a) Except as provided in paragraphs

(b) and (c) of this section, each vesselfor which the lightweight displacementand centers of gravity must be deter-mined in order to do the calculationsrequired in this subpart must have aninclining test performed.

(b) A deadweight survey may be sub-stituted for the inclining test, if thereis a record of an inclining test of a sis-ter vessel. A vessel qualifies as a sistervessel if it is built to the same basicdrawings and the undocumented weightdifference between the two vessels isless than 3 percent of the lightweightdisplacement of the vessel which wasinclined and the location of the longi-tudinal center of gravity differs lessthan 1 percent of the vessel’s length.

(c) A deadweight survey may be sub-stituted for the inclining test, or theinclining test may be dispensed with, ifan accurate estimate of the vessel’slightweight characteristics can be

made and the precise location of theposition of the vessel’s vertical centerof gravity is not necessary to ensurethat the vessel has adequate stabilityin all probable loading conditions.

(d) ASTM Standard F 1321–90, withthe exception of Annexes A and B, maybe used as guidance for any incliningtest or deadweight survey conductedunder this section.

§ 28.540 Free surface.(a) When doing the stability calcula-

tions required by this subpart, the vir-tual rise in the vessel’s vertical centerof gravity due to liquids in tanks mustbe considered by calculating the fol-lowing—

(1) For each type of consumable liq-uid, the maximum free surface effect ofa tank, or a transverse pair of tanks,having the greatest free surface effect,in addition to a correction for servicetanks; and

(2) The free surface effect of each par-tially filled tank and hold containing aliquid that is not a consumable or con-taining fish or a fish product that canshift as the vessel heels. This shouldinclude correction for any loose waterwithin the vessel’s hull associated withthe processing of fish.

(b) The free surface effect of tanksfitted with cross connection pipingmust be calculated assuming the tanksare one common tank, unless valvesthat will be kept closed to prevent thetransfer of liquids as the vessel heelsare installed in the piping.

(c) The moment of transferencemethod may be used in lieu of the iner-tia method when calculating free sur-face effects.

§ 28.545 Intact stability when usinglifting gear.

(a) Each vessel which lifts a weightover the side, or that uses fishing gearthat can impose an overturning mo-ment on the vessel, such as trawls andseines, must meet the requirements ofthis section if that maximum heelingmoment exceeds 0.67(W)(GM)(F/B), infoot-long tons (meter-metric tons),where:

W=displacement of the vessel withthe lifted weight or the force on thefishing gear included, in long tons(metric tons);


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46 CFR Ch. I (10–1–96 Edition)§ 28.550

GM=metacentric height with the lift-ed weight or force on the fishing gearincluded, in feet (meters);

F=freeboard to the lowest weatherdeck, measured at amidships in feet(meters); and

B=maximum beam, in feet (meters).(b) Except as provided in paragraph

(f) of this section, each vessel mustmeet the requirements of § 28.570 orhave at least 15 foot-degrees (0.080meter-radians) of area under the right-ing arm curve, after correcting therighting arms for the heeling armcaused by lifting or fishing gear, fromthe angle of equilibrium to the least ofthe following:

(1) The angle corresponding to themaximum righting arm;

(2) The angle of downflooding; or(3) 40° (0.7 radians).(c) The angle of intersection of the

heeling arm curve resulting from thelifting moment or the moment of fish-ing gear and the righting arm curvemust not be at an angle of more than10° (0.17 radians).

(d) The heeling arm curve resultingfrom lifting must be calculated as theresultant of the upright heeling mo-ment divided by the vessel’s displace-ment multiplied by the cosine of theangle of heel.

(e) For the purposes of this section,the weight of suspended loads must beassumed to act at the tip of the boomunless the suspended load’s transversemovement is restricted, such as by theuse of sideboards.

(f) A vessel that operates on pro-tected waters, as defined in § 170.050 ofthis chapter, must comply with the re-quirements of this section, except thatthe area described in paragraph (b) ofthis section must be at least 10 foot-de-grees (0.053 meter-radians).

§ 28.550 Icing.(a) Applicability. Each vessel that op-

erates north of 42° North latitude be-tween November 15 and April 15 orsouth of 42° South latitude betweenApril 15 and November 15 must meetthe requirements of this section.

(b) Except as provided in paragraph(d) of this section, the weight of as-sumed ice on each surface above thewaterline of a vessel which operatesnorth of 66°30′ North latitude or south

of 66° South latitude must be assumedto be at least:

(1) 6.14 pounds per square foot (30Kilograms per square meter) of hori-zontal projected area which cor-responds to a thickness of 1.3 inches (33millimeters); and

(2) 3.07 pounds per square foot (15Kilograms per square meter) of verticalprojected area which corresponds to athickness of 0.65 inches (16.5 millime-ters).

(c) Except as provided in paragraph(d) of this section, the weight of as-sumed ice on a vessel that operatesnorth of 42° North but south of 66°30′North latitude or south of 42° Southbut north of 66° South latitude must beassumed to be at least one-half of thevalues required by paragraphs (b)(1)and (b)(2) of this section.

(d) The height of the center of grav-ity of the accumulated ice should becalculated according to the position ofeach corresponding horizontal surface(deck and gangway) and each othercontinuous surface on which ice canreasonably be expected to accumulate.The projected horizontal and verticalarea of each small discontinuous sur-face such as a rail, a spar, and riggingwith no sail can be accounted for by in-creasing the calculated area by 15 per-cent.

(e) The weight and location of icemust be included in the vessel’s weightand centers of gravity in each condi-tion of loading when performing thestability calculations required by thissubpart.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR47679, Sept. 20, 1991]

§ 28.555 Freeing ports.

(a) Except as provided in paragraph(i) of this section, each decked vesselfitted with bulwarks must be fittedwith freeing ports.

(b) Freeing ports must be located toallow the rapid clearing of water in allprobable conditions of list and trim.

(c) Except as provided by paragraphs(d) through (h) of this section, the ag-gregate clear area of freeing ports oneach side of the vessel must not be lessthan 7.6 plus 0.115 times the length ofbulwark, in feet, for area in square feet(0.7 plus 0.035 times the length of the


311


bulwark, in meters, for area in squaremeters).

(d) Except as provided in paragraphs(e) through (h) of this section, for bul-warks which exceed 66 feet (20 meters)in length, the aggregate clear area offreeing ports on each side of the vesselmust not be less than 0.23 times thelength of the bulwark in feet (0.07times the length of the bulwark in me-ters, for area in square meters).

(e) For a bulwark more than 4 feet(1.22 meters) in height, the freeing portarea required by paragraphs (c) or (d)of this section must be increased in ac-cordance with the following formula:

i=[h¥4]0.04q, (i=[h¥1.722].04q, formetric units), where:

i=increase in freeing port area, insquare feet (square meters);

h=bulwark height, in feet (meters);and

q=length of bulwark exceeding 4 feet(1.22 meters) in height, in feet (meters).

(f) For a bulwark less than 3 feet (0.91meters) in height, the required freeingport area, required by paragraph (c) or(d) of this section, may be decreased inaccordance with the following formula:

r=[3¥h]0.04q, (r=[h¥0.91¥h]0.04q),where:

r=permitted reduction in freeing portarea, in square feet (square meters).

h=bulwark height, in feet (meters).q=length of bulwark which is less

than 3 feet (0.914 meters) in height, infeet (meters).

(g) For a vessel without sheer, thefreeing port area must be increased by50 percent.

(h) The area of the freeing ports on avessel that operates on protected wa-ters need only be 50 percent of the arearequired by paragraphs (c) or (d) of thissection.

(i) Freeing port covers are permittedprovided that the freeing port area re-quired by this section is not diminishedand the covers are constructed andfitted so that water will readily flowoutboard but not inboard.

§ 28.560 Watertight and weathertightintegrity.

(a) Each opening in a deck or a bulk-head that is exposed to weather mustbe fitted with a weathertight or a wa-tertight closure device.

(b) Except as provided in paragraphs(c) through (f) of this section, eachopening in a deck or a bulkhead that isexposed to weather must be fitted witha watertight coaming as follows:

(1) For a vessel 79 feet (24 meters) ormore in length, the coaming must be atleast 24 inches (0.61 meters) in height;or

(2) For a vessel less than 79 feet (24meters) in length, the coaming must beat least 12 inches (0.30 meters) inheight.

(c) A coaming to a fish hold that isunder constant attention when the clo-sure is not in place need only be 6inches (0.15 meters) in height.

(d) The coaming of an opening fittedwith a quick-acting watertight closuredevice need only be of sufficient heightto accommodate the device.

(e) Except on an exposed forecastledeck, a coaming is not required on adeck above the lowest weather deck.

(f) Each window and portlight locatedbelow the first deck above the lowestweather deck must be provided with aninside deadlight. Each deadlight mustbe efficient, hinged, and arranged sothat it can be effectively closed water-tight.

(g) An opening in a vessel below theweather deck which is used for dis-charging water or debris resulting fromprocessing or sorting operations mustbe fitted with a means to ensure theopening can be closed weathertight.This means of closing must be operablefrom a location which is outside thespace containing the opening.

§ 28.565 Water on deck.(a) Each vessel with bulwarks must

comply with the requirements of thissection.

(b) Except for a vessel that operateson protected waters, the residual right-ing energy, ‘‘b’’ in Figure 28.565, mustnot be less than the water on deckheeling energy, ‘‘a’’ in Figure 28.565.

(c) The water on deck heeling energymust be determined assuming the fol-lowing:

(1) The deck well is filled to the topof the bulwark at its lowest point andthe vessel heeled to the angle at whichthis point is immersed;

(2) Water does not run off throughthe freeing ports;


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46 CFR Ch. I (10–1–96 Edition)§ 28.565

(3) Vessel trim and displacement areconstant and equal to the values of thevessel without the water on deck; and

(4) Water in the well is free to run-offover the top of the bulwark.

(d) The residual righting energy isthe righting energy from the valuewhere the righting arm equals thewater on deck heeling arm up to thelesser of the values of 40° (0.70 radians)of heel or the downflooding angle.


313



314

46 CFR Ch. I (10–1–96 Edition)§ 28.570

§ 28.570 Intact righting energy.(a) Except as provided in paragraph

(c) of this section, each vessel musthave the following properties in eachcondition of loading:

(1) An initial metacentric height(GM) of at least 1.15 feet (0.35 meters);

(2) A righting arm (GZ) of at least0.66 feet (0.2 meters) at an angle of heelnot less than 30° (0.52 radians);

(3) A maximum righting arm that oc-curs at an angle of heel not less than25° (0.44 radians);

(4) An area under each righting armcurve of at least 16.9 foot-degrees (0.090meter-radians) up to the lesser of 40°(0.70 radians) or the angle ofdownflooding;

(5) An area under each righting armcurve of at least 10.3 foot-degrees (0.055meter-radians) up to an angle of heel of30° (0.52 radians);

(6) An area under each righting armcurve of at least 5.6 foot-degrees (0.030meter-radians) between 30° (0.52 radi-ans) and the lesser of 40° (0.70 radians)or the angle of downflooding; and

(7) Except as provided by paragraph(b) of this section, positive rightingarms through an angle of heel of 60°(1.05 radians).

(b) In lieu of meeting the require-ments of paragraph (a)(7) of this sec-tion, a vessel may comply with the fol-lowing provisions:

(1) Hatches in the watertight/weath-ertight envelope must be normallykept closed at sea (e.g., the live tankhatch is only opened intermittently,under controlled conditions); or

(2) Unintentional flooding throughthese hatches must not result in pro-gressive flooding to other spaces; and

(3) In all cases, a vessel must havepositive righting arms through anangle of heel of at least 50° (0.87 radi-ans) and the intact stability analysismust consider that spaces accessed bysuch hatches to be flooded full or flood-ed to the level having the most det-rimental effect on stability when freesurface effects are considered.

(c) In lieu of meeting the require-ments of paragraph (a) of this section,a vessel may comply with the provi-sions of § 170.173(c) of this chapter, pro-vided that righting arms are positiveto an angle of heel of not less than 50°(0.87 radians).

(d) For the purpose of paragraphs (a)and (c) of this section, at each angle ofheel a vessel’s righting arm must becalculated assuming the vessel is per-mitted to trim free until the trimmingmoment is zero.

§ 28.575 Severe wind and roll.(a) Each vessel must meet paragraphs

(f) and (g) of this section when sub-jected to the gust wind heeling armand the angle of roll to windward asspecified in this section.

(b) The gust wind heeling arm, Lw infigure 28.575 of this chapter, must becalculated by the following formula:0.00216En(Vn2AnZn)/W,

where:En=series summation notation where n var-

ies from 1 to the number of elements inthe series;

Vn=S[0.124LN(0.3048hn)+0.772], in feet per sec-ond S[0.127LN(hn)+0.772], in meters persecond and is the wind speed for profileelement ‘‘n’’ on a vessel;

S=64 (19.5, if metric units are used) for avessel that operates on protected waters;or 85.3 (26, if metric units are used) for avessel that operates on waters other thanprotected waters;

LN=natural logarithm;hn=the vertical distance from the centroid

of area An to the waterline for profile ele-ment n, in feet (meters);

An=projected lateral area for profile elementn, in square feet (square meters);

Zn=the vertical distance between the cen-troid of An and a point at the center ofthe underwater lateral area or a point atapproximately one-half of the draft, forprofile element n, in feet; and

W=displacement of the loaded vessel, inpounds (Newtons).

(c) The angle of roll to windward, A1,is measured from the equilibriumangle, Ael, and is calculated by the fol-lowing formula:A1=109kXY[Square root of (rs)], in de-grees,

where:s,X,Y=factors from table 28.575;r=0.73+0.6 Zg/d;Zg=distance between the center of gravity

and the waterline (+ above, ¥ below), infeet (meters);

k=1.0 for round bilged vessels with no bilgekeels or bar keels; 0.7 for vessels withsharp bilges, or the value from table28.575 for vessels with a bar keel, bilgekeels, or both;

B=molded breadth of the vessel, in feet(meters);


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d=mean molded draft of the vessel, in feet(meters);

Cb=block coefficient;Ak=aggregate area of bilge keels, the area

of the lateral projection of a bar keel, orthe sum of these areas, in square feet(square meters);

L=length, in feet (meters);T=1.108 BC/square root of GM, in seconds;

2.0 BC/square root of GM, if metric unitsare used;

GM=metacentric height corrected for freesurface effects, as explained in § 28.540, infeet (meters);

C=0.373+0.023(B/d)¥0.000131L or0.373+0.023(B/D)¥0.00043L, if metric unitsare used.

(d) The angle of equilibrium, Ael infigure 28.575, is calculated by determin-ing the lowest angle at which the gustwind heeling arm, Lw, is equal to therighting arm.

(e) The area ‘‘b’’ in figure 28.575 mustbe measured to the least of the follow-ing:

(1) The angle of downflooding, (Af);(2) The angle of the second intercept,

Ae2 in figure 28.575, of the wind heelingarm curve, Lw in figure 28.575, and therighting arm curve; or

(3) A heel angle of 50° (0.87 radians).(f) The angle of equilibrium, Ael in

figure 28.575, must not exceed 14° (0.24radians).

(g) Area ‘‘b’’ in figure 28.575 must notbe less than area ‘‘a’’ in figure 28.575.

TABLES 28.575.—Roll Factors

B/d X

2.4 1.02.5 0.982.6 0.962.7 0.95

TABLES 28.575.—Roll Factors—Continued

B/d X

2.8 0.932.9 0.913.0 0.903.1 0.883.2 0.863.3 0.843.4 0.823.5 0.80

Note. Intermediate values must be obtained by interpola-tion.

Cb Y

0.45 0.750.50 0.820.55 0.890.60 0.950.93 0.970.70 1.0


100Ak/(LB) k

0 1.01.0 0.981.5 0.952.0 0.882.5 0.793.0 0.743.5 0.724.0 0.70


T S

6 0.1007 0.0988 0.093

12 0.06514 0.05316 0.04418 0.03820 0.035

Note: Intermediate values must be obtained by interpola-tion.


316

46 CFR Ch. I (10–1–96 Edition)§ 28.580

[56 FR 40393, Aug. 14, 1991, CGD 88–079; 56 FR 47679, Sept. 20, 1991, CGD 88–079, as amended byCGD 95–072, 60 FR 50461, Sept. 29, 1995]

§ 28.580 Unintentional flooding.

(a) Applicability. Except for an openboat that operates on protected watersand as provided by paragraph (i) of thissection, each vessel built on or afterSeptember 15, 1991 must comply withthe requirements of this section.

(b) Collision bulkhead. A watertightcollision bulkhead must be fitted andmust meet the following:

(1) Openings in the collision bulkheadmust be kept to a minimum, and eachmust be fitted with a watertight clo-sure device;

(2) A collision bulkhead must not befitted with a door below the bulkheaddeck;

(3) A penetration or opening in a col-lision bulkhead must be—

(i) Located as high and as far inboardas practicable; and

(ii) Fitted with a means to rapidlymake it watertight which is operable

from a location aft of the collisionbulkhead;

(4) The collision bulkhead must be lo-cated at least 5 percent of the lengthfrom the forward perpendicular unlessthe vessel has a bulbous bow, in whichcase the forward reference point will beextended by half the distance betweenthe vessel’s forward perpendicular andthe forwardmost point of the bulbousbow as shown in figure 28.580; and

(5) The collision bulkhead must notbe stepped below the bulkhead deck.

(c) Each vessel must meet the sur-vival conditions in paragraph (f) of thissection in each condition of loadingand operation with the extent andcharacter of damage specified in para-graphs (d) and (e) of this section.

(d) Extent and character of damage.Except where a lesser extent of damageor a smaller penetration would be moredisabling, in evaluating the damage


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stability of a vessel the following pene-tration must be assumed:

(1) Longitudinal extent—L/10, or 10feet (3.05 meters) plus 0.03L, whicheveris less. Transverse watertight bulk-heads that are separated by at leastthis distance may be assumed to re-main effective;

(2) Transverse extent—30 inches (0.76meters) from the side measured atright angles to the centerline at thelevel of the deepest operating water-line; and

(3) Vertical extent—from the baselineupward without limit.

(e) Each space containing a throughhull fitting, such as the lazarette andthe engineroom, must be assumed to beflooded.

(f) Survival conditions. A vessel is pre-sumed to survive the assumed damageand unintentional flooding described inparagraphs (d) and (e) of this section if:

(1) The angle of equilibrium afterflooding does not exceed 25° (0.44 radi-ans); and

(2) Through an angle of 20° (0.35 radi-ans) beyond the angle of equilibriumafter flooding, the following are met—

(i) The righting arm curve is positive;(ii) The maximum righting arm is at

least 4 inches (102 millimeters);(iii) Each submerged opening is capa-

ble of being made weathertight; and(iv) The heeling arm caused by de-

ploying all fully loaded davit-launchedsurvival craft on one side of a vesseldoes not exceed the righting arm atany angle of heel beyond the equi-librium angle when launching is as-sumed on the damaged side.

(g) Permeability. The permeability ofeach space must not be less than thefollowing:

(1) For an accommodations space—95percent;

(2) For a propulsion machineryspace—85 percent;

(3) For a tightly packed storagespace—60 percent;

(4) For a void or an auxiliary machin-ery space—95 percent;

(5) For an empty fish hold—95 per-cent;

(6) For a full fish hold—50 percent;and

(7) For tanks—95 percent (less if atank must be full to attain the draftunder consideration.)

(h) Buoyancy of superstructure. Adeckhouse or a superstructure may beincluded in the buoyant volume of avessel provided it is:

(1) Sufficiently strong to withstandthe impact of waves;

(2) Fitted with a weathertight or wa-tertight closure device for each open-ing;

(3) Equipped with an efficient,hinged, inside deadlight, for each win-dow and each portlight, arranged sothat it can be effectively closed water-tight; and

(4) Fitted with interior access fromthe spaces below.

(i) A vessel may obtain and maintaina Load Line Certificate under sub-chapter E of this chapter in lieu ofmeeting the requirements of para-graphs (c) through (g) of this section.


318

46 CFR Ch. I (10–1–96 Edition)§ 28.580

[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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Subpart F—Fish Processing Vessel§ 28.700 Applicability.

Each fish processing vessel which isnot subject to inspection under theprovisions of another subchapter ofthis chapter must meet the require-ments of this subpart.

§ 28.710 Examination and certificationof compliance.

(a) At least once in every two yearseach vessel must be examined for com-pliance with the regulations of thissubchapter by the ABS, a similarlyqualified organization, or a surveyor ofan accepted organization.

(b) Each individual performing an ex-amination under paragraph (a) of thissection, upon finding the vessel to be incompliance with the requirements ofthis chapter, must provide a writtencertification of compliance to theowner or operator of the vessel.

(c) Each certification of complianceissued under paragraph (b) of this sec-tion must:

(1) Be signed by the individual thatperformed the examination;

(2) Include the name of the organiza-tion the individual performing the ex-amination represents or the name ofthe accepted organization the individ-ual belongs to; and

(3) State that the vessel has been ex-amined and found to meet the specificrequirements of this chapter.

(d) A certification of compliance is-sued under paragraph (b) of this sectionmust be retained on board the vesseluntil superseded.

(e) A copy of the certification of com-pliance issued under paragraph (b) ofthis section must be forwarded by theorganization under whose authoritythe examination was performed to theCoast Guard District Commander (At-tention: Fishing Vessel Safety Coordi-nator) in charge of the district inwhich the examination took place.

§ 28.720 Survey and classification.(a) Each vessel which is built after or

which undergoes a major conversioncompleted after July 27, 1990, must beclassed by the ABS, or a similarlyqualified organization.

(b) Each vessel which is classed underparagraph (a) of this section must:

(1) Have on board a certificate ofclass issued by the organization thatclassed the vessel.

(2) Meet all survey and classificationrequirements prescribed by the organi-zation that classed the vessel.

Subpart G—Aleutian Trade ActVessels

Source: CGD 94–025, 60 FR 54444, Oct. 24,1995, unless otherwise noted.

§ 28.800 Applicability and general re-quirements.

(a) This subpart applies to each fishtender vessel engaged in the Aleutiantrade that has not undergone a majorconversion and:

(1) Was operated in Aleutian tradebefore September 8, 1990; or

(2) Was purchased to be used in theAleutian trade before September 8,1990, and entered into service in theAleutian trade before June 1, 1992.

(b) Except as noted otherwise in thissubpart, a vessel subject to this sub-part must also comply with the re-quirements of subparts A, B, and C ofthis part.

(c) Each fish tender vessel engaged inthe Aleutian trade that undergoes amajor conversion after September 15,1991 must comply with the additionalrequirements of subpart D.

(d) A fish tender vessel engaged inthe Aleutian trade is subject to inspec-tion under the provisions of 46 U.S.C.3301 (1), (6), or (7) unless it:

(1) Is not more than 500 gross tons;(2) Has an incline test performed by a

marine surveyor; and(3) Has written stability instructions

posted on board the vessel.

§ 28.805 Launching of survival craft.In addition to the survival craft re-

quirements in subpart B, each vesselmust have a gate or other opening inthe deck rails, lifelines, or bulwarks


320

46 CFR Ch. I (10–1–96 Edition)§ 28.810

adjacent to the stowage location ofeach survival craft which has a mass ofmore than 50 kilograms (110 pounds), sothat the survival craft can be manuallylaunched.

§ 28.810 Deck rails, lifelines, stormrails and hand grabs.

(a) Except as otherwise provided inparagraph (d) of this section, deckrails, lifelines, grab rails, or equivalentprotection must be installed near theperiphery of all weather decks acces-sible to individuals. Where space limi-tations make deck rails impractical,hand grabs may be substituted.

(b) The height of deck rails, lifelines,or bulkwarks must be at least 1 meter(391⁄2 inches) from the deck, exceptwhere this height will interfere withthe normal operation of the vessel, alesser height may be substituted.

(c) All deck rails or lifelines must bepermanently supported by stanchionsat intervals of not more than 2.3 me-ters (7 feet). Stanchions must bethrough bolted or welded to the deck.

(d) Portable stanchions and lifelinesmay be installed in locations wherepermanently installed deck rails willimpede normal cargo operations oremergency recovery operations.

(e) Deck rails or lifelines must con-sist of evenly spaced courses. The spac-ing between courses must not be great-er than 0.38 meters (15 inches). Theopening below the lowest course mustnot be more than 0.23 meters (9 inches).Lower courses are not required whereall or part of the space below the upperrail is fitted with a bulwark, chain linkfencing, wire mesh, or an equivalent.

(f) A suitable storm rail or hand grabmust be installed where necessary in apassageway, at a deckhouse side, at aladder, and a hatch where an individualmight have access.

§ 28.815 Bilge pumps, bilge piping, anddewatering systems.

Instead of meeting the requirementsof § 28.255, each vessel to which thissubpart applies must meet the follow-ing requirements:

(a) Each vessel must be equippedwith a fixed, self priming, powered,bilge pump, having a minimum capac-ity rating of 50 gallons per minute,connected to a bilge manifold and pip-

ing capable of draining any watertightcompartment, other than tanks andsmall buoyancy compartments, underall service conditions. Large spaces,such as engine rooms and cargo holdsmust be fitted with more than one suc-tion line.

(b) In addition, each vessel must befitted with a fixed secondary or backupbilge pump having an independent andseparate source of power from thepump required in paragraph (a) of thissection. One of the bilge pumps may beattached to the propelling engine.

(c) A portable bilge pump may sub-stitute for the secondary pump re-quired above, as long as it meets thefollowing:

(1) It must be self priming and pro-vided with a suitable suction hose ofadequate length to reach the bilges ofeach watertight compartment it mustserve and be fitted with a built-incheck valve and strainer.

(2) The portable pump must be of atleast the same minimum capacity asthat listed in paragraph (a) of this sec-tion and fitted with a discharge hose ofadequate length to ensure overboarddischarge from the lowest compart-ment in which it can serve.

(3) The portable pump must also becapable of being quickly and efficientlyattached to the vessel’s fixed bilge suc-tion main and/or discharge piping (suchas with ‘‘camlocks’’, etc.) for alternateemergency use.

(d) Except for suction lines attachedto an individual pump provided for aseparate space, or for a portable pump,each individual bilge suction line mustbe provided with a stop valve at themanifold and a check valve at some ac-cessible point in the bilge line to pre-vent unintended flooding of a space.

(e) Each bilge suction line anddewatering system must be fitted witha suitable strainer to prevent cloggingof the suction line. Strainers musthave an open area of not less thanthree times the open area of the suc-tion line.

(f) Except for a fire pump required by46 CFR 28.820, a bilge pump may beused for other purposes.

(g) Each vessel must comply with theoil pollution prevention requirementsof 33 CFR parts 151 and 155.


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§ 28.820 Fire pumps, fire mains, firehydrants, and fire hoses.

(a) Each vessel must be equippedwith a self-priming, power driven firepump connected to a fixed piping sys-tem. This pump must be capable of de-livering an effective stream of waterfrom a hose connected to the highestoutlet. The minimum capacity of thepower fire pump shall be 50 gallons perminute at a pressure of not less than 60pounds per square inch at the pumpoutlet.

(1) If multiple pumps are installed,they may be used for other purposesprovided at least one pump is keptavailable for use on the fire system atall times.

(2) In addition, each vessel must befitted with a portable fire pump havinga minimum capacity of that specifiedin paragraph (a) of this section, capableof producing a stream of water havinga throw of at least 12 meters (39.4 feet)from the nozzle, and capable of beingconnected to National Standard FireHose of the size utilized on board thevessel. If a vessel already has on boarda portable pump satisfying the bilgesystem requirements of § 28.760(c), noadditional portable pump is required aslong as the portable pump is of suffi-cient size/capacity, and is properlyequipped to handle both fire fightingand flood control.

(b) Each vessel must have a sufficientnumber of fire hydrants to reach anypart of the vessel using a single lengthof hose.

(c) Each fire hydrant must have atleast one length of fire hose connectedto the outlet at all times, a spanner,and a hose rack or other device forstowing the hose at all times.

(1) All parts of the firemain locatedon exposed decks shall either be pro-tected against freezing or be fittedwith cutout valves and drain valves.

(2) Firehose shall not be used for anyother purpose other than fire extin-guishing, drills, and testing.

(3) Each length of fire hose must be aminimum of 3.83 centimeters (11⁄2’’) di-ameter lined commercial fire hose andbe fitted with a nozzle made of corro-sion resistant material capable of pro-viding a solid stream and a spray pat-tern.

§ 28.825 Excess fire detection and pro-tection equipment.

Instead of meeting the requirementsof § 28.155, each vessel to which thissubpart applies must meet the follow-ing requirements:

(a) Installation of fire detection andprotection equipment in excess of thatrequired by the regulations in this Sub-chapter is permitted provided that theexcess equipment does not endangerthe vessel or individuals on board inany way. The excess equipment must,at a minimum, be listed and labeled byan independent, nationally recognizedtesting laboratory and be in accord-ance with an appropriate industrystandard for design, installation, test-ing, and maintenance.

(b) An existing fixed gas fire extin-guishing system that is in excess of therequired fire protection equipment re-quired by subparts A, B, and C of thispart, may remain in place and continuein service as long as all parts of thesystem are maintained in good condi-tion to the satisfaction of the CoastGuard Representative, and subject tothe following:

(1) A fixed fire extinguishing systemcapable of automatic discharge uponheat detection, may only be installedin a normally unoccupied space. Forthe purpose of this section, the ma-chinery space aboard a fish tender op-erating in the Aleutian trade is consid-ered occupied.

(2) A fixed fire extinguishing systemmust:

(i) Be capable of manual actuationfrom outside the space protected;

(ii) Produce an audible alarm to indi-cate the discharge of the extinguishingagent for 20 seconds before the extin-guishing agent for 20 seconds before theagent is released into the space;

(iii) The branch line valves of all fireextinguishing systems shall be plainlyand permanently marked indicatingthe spaces serviced;

(iv) The control cabinets or spacescontaining valves or manifolds for thevarious fire extinguishing systemsshall be distinctly marked in conspicu-ous red letters at least 5.08 centimeters(2 inches) high:‘‘HALON FIRE SYSTEM’’‘‘CARBON DIOXIDE FIRE SYSTEM’’

or


322

46 CFR Ch. I (10–1–96 Edition)§ 28.830

‘‘FOAM FIRE SYSTEM’’, as the casemay be;(v) Instructions for the operation of

the system must be located in a con-spicuous place at or near all pull boxes,stop valve controls, and in the agentstorage space;

(vi) If the space or enclosure contain-ing the supply or controls is to belocked, a key to the space or enclosureshall be in a break-glass-type box con-spicuously located adjacent to theopening, and;

(vii) Be equipped with a sign at thealarm stating: ‘‘WHEN ALARMSOUNDS—VACATE AT ONCE. CAR-BON DIOXIDE BEING RELEASED’’, orlist other fire extinguishing agent.

(3) Any modification, alteration, ornew installation of a fixed gas fire ex-tinguishing system must meet the ad-ditional requirements of subpart D ofthis part.

§ 28.830 Fire detection system.(a) Each accommodation space must

be equipped with an independent modu-lar smoke detector or a smoke actu-ated fire detecting unit installed in ac-cordance with § 76.33 of this chapter.

(b) An independent modular smokedetector must meet UL 217 and be list-ed as a ‘‘Single Station Smoke Detec-tor—Also Suitable for Use in Rec-reational Vehicles’’.

§ 28.835 Fuel systems.(a) Portable fuel systems including

portable tanks and related fuel linesand accessories are prohibited exceptwhere used for outboard engines orportable bilge/fire pumps.

(b) Each integral fuel tank must befitted with a vent pipe connected to thehighest point of the tank terminatingin a 180 degree (3.14 radians) bend on aweather deck and be fitted with aflame screen.

(c) Test cocks must not be fitted tofuel oil tanks.

(d) Valves for removing water or im-purities from diesel fuel oil systemsare permitted in the machinery spaceprovided they are away from any po-tential sources of ignition. Such valvesshall be fitted with caps or plugs toprevent leakage.

(e) Oil piping drains, strainers andother equipment subject to normal oil

leakage must be fitted with drip pansor other means to prevent oil draininginto the bilge.

(f) All nonmetallic filters and strain-ers must be fitted with a metal shieldattached to their base in such a way asto prevent direct flame impingement inthe case of a fire.

(g) Shutoff valves shall be installedin the fuel supply piping lines, one asclose to each tank as practicable, andone as close to each fuel pump as prac-ticable. Valves shall be accessible atall times.

(h) Fuel oil piping subject to internalhead pressure from diesel oil in a tankmust be fitted with a positive shutoffvalve, installed to close against theflow at the tank. This valve is to be ca-pable of remote actuation from outsidethe space in which the tank/piping islocated, accessible at all times, andsuitably marked.

(i) With the exception of paragraph(j) and (k) of this section, fuel pipingshall be steel pipe, annealed seamlesscopper, brass, nickel copper, or coppernickel alloy tubing having a minimumwall thickness of 0.9 millimeters (0.035inches).

(j) Flexible connections of a shortlength (no more than 762mm, (30inches)), suitable metallic or non-metallic flexible tubing or hose is per-mitted in the fuel supply line at ornear the engine to prevent damage byvibration. If nonmetallic flexible hoseis used it must:

(1) Not exceed the minimum lengthneeded to allow for vibration;

(2) Be visible, easily accessible, andmust not penetrate a watertight bulk-head;

(3) Be fabricated with an inner tubeand outer-covering of synthetic rubberor other suitable material reinforcedwith wire braid;

(4) Be fitted with suitable, corrosionresistant, compression fittings; and

(5) Be installed with two hose clampsat each end of the hose, if designed foruse with clamps. Clamps must not relyon spring tension and must be installedbeyond the bead or flare or over theserrations of the mating spud, pipe, orhose fitting.

(k) Supply piping that conveys fueloil or lubricating oil to equipment andis in close proximity of equipment or


323


lines having an open flame or havingparts operating above 260° C (500° F)must be of seamless steel.

(l) Existing fuel oil piping may re-main in service as long as it is service-able to the satisfaction of the CoastGuard Representative. Any replace-ment, alterations, modifications ornew installations to the fuel oil pipingsystem must be made in accordancewith the material requirements of thissection.

§ 28.840 Means for stopping pumps,ventilation, and machinery.

All electrically driven fuel oil trans-fer pumps, fuel oil unit and servicepumps, and ventilation fans shall befitted with remote controls from areadily accessible position outside ofthe space concerned so that they maybe stopped in the event of fire occur-ring in the compartment in which theyare located. These controls shall besuitably protected against accidentaloperation or tampering and shall besuitably marked.

§ 28.845 General requirements for elec-trical systems.

(a) Electrical equipment exposed tothe weather or in a location exposed toseas must be waterproof or watertight,or enclosed in a watertight housing.

(b) Aluminum must not be used forcurrent carrying parts of electricalequipment or wiring.

(c) As far as practicable, electricalequipment must not be installed inlockers used to store paint, oil, turpen-tine, or other flammable or combus-tible liquids. If electrical equipment,such as lighting, is necessary in thesespaces, it must be explosion-proof orintrinsically safe.

(d) Explosion-proof and intrinsicallysafe equipment must meet the require-ments of § 111.105 of this chapter.

(e) Metallic enclosures and frames ofelectrical equipment must be ground-ed.

§ 28.850 Main source of electricalpower.

(a) Applicability: Each vessel that re-lies on electricity to power any of thefollowing essential loads must have atleast two electrical generators to sup-ply:

(1) The propulsion system and itsnecessary auxiliaries and controls;

(2) Interior lighting;(3) Steering systems;(4) Communication systems;(5) Navigation equipment and naviga-

tion lights;(6) Fire protection or detection

equipment;(7) Bilge pumps; and(8) General alarm system.(b) Each generator must be attached

to an independent prime mover.

§ 28.855 Electrical distribution sys-tems.

(a) Each electrical distribution sys-tem which has a neutral bus or conduc-tor must have the neutral bus or con-ductor grounded.

(b) A grounded electrical distributionsystem must have only one connectionto ground. This ground connectionmust be at the switchboard.

§ 28.860 Overcurrent protection andswitched circuits.

(a) Each power source must be pro-tected against overcurrent. Overcur-rent devices for generators must be setat a value not exceeding 115 percent ofthe generator’s full load rating.

(b) Except for a steering circuit, eachcircuit must be protected against bothoverload and short circuit. Each over-current device in a steering systempower and control circuit must provideprotection only.

(c) Each ungrounded current carryingconductor must be protected in accord-ance with its current carrying capacityby a circuit breaker or fuse at the con-nection to the switchboard or distribu-tion panel bus.

(d) Each circuit breaker and eachswitch must simultaneously open allungrounded conductors.

(e) The grounded conductor of a cir-cuit must not be disconnected by aswitch or an overcurrent device unlessall ungrounded conductors of the cir-cuit are simultaneously disconnected.

(f) Navigation light circuits must beseparate, switched circuits havingfused disconnect switches or circuitbreakers so that only the appropriatenavigation lights can be switched on.


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(g) A separate circuit with overcur-rent protection at the main distribu-tion panel or switchboard must be pro-vided for each radio installation.

§ 28.865 Wiring methods and materials.

(a) All cable and wire must have in-sulated, stranded copper conductors ofthe appropriate size and voltage ratingof the circuit.

(b) Each conductor must be No. 22AWG or larger. Conductors in powerand lighting circuits must be No. 14AWG or larger. Conductors must besized so that the voltage drop at theload terminals is not more than 10 per-cent.

(c) Cable and wiring not servingequipment in high risk fire areas suchas a galley, laundry, or machineryspace must be routed as far as prac-ticable from these spaces. As far aspracticable, cables serving duplicatedessential equipment must be separatedso that a casualty that affects onecable does not affect the other. Exist-ing cables and wires may remain asrouted; however, any replacement wir-ing, new cabling and/or alterationsmust be routed as specified above.

(d) No unused or dead ended cablesmay remain after the permanent re-moval or alteration of an electrical de-vice.

(e) Cable and wire for power andlighting circuits must:

(1) For circuits of less than 50 volts,meet 33 CFR 183.425 and 183.430; and

(2) For circuits of 50 volts or greater:(i) Meet section 310–13 and 310–15 of

NFPA 70, except that asbestos insu-lated cable and dry location cable mustnot be used;

(ii) Be listed by Underwriters Labora-tories Inc. as UL Marine Boat or ULMarine Shipboard cable; or

(iii) Meet § 111.60 of this chapter.(f) All metallic cable armor must be

electrically continuous and groundedto the metal hull or the commonground point at each end of the cablerun, except that final sub-circuits(those supplying loads) may be ground-ed at the supply end only.

(g) Wiring terminations and connec-tions must be made in a fire retardantenclosure such as a junction box, fix-ture enclosure, or panel enclosure.

(h) Existing cable and wire may re-main in place and continue in use aslong as it is deemed serviceable to thesatisfaction of the Coast Guard Rep-resentative. Any new installation, re-placement, modification or alterationmust be done in accordance with therequirements of this section.

§ 28.870 Emergency source of electricalpower.

(a) The following electrical loadsmust be connected to an independentemergency source of power capable ofsupplying all connected loads continu-ously for at least three hours:

(1) Navigation lights;(2) Fire protection and detection sys-

tems;(3) Communications equipment;(4) General alarm system; and(5) Emergency lighting;(b) The emergency power source must

be aft of the collision bulkhead, out-side of the machinery space, and abovethe uppermost continuous deck.

(c) An emergency source of powersupplied solely by storage battery mustalso meet the following requirements:

(1) Each battery must be a lead-acidor alkaline type and be able to with-stand vessel pitch, vibration, roll, andexposure to a salt water atmosphere;

(2) A battery cell must not spill elec-trolyte when the battery is inclined at30 degrees from the vertical;

(3) Each battery installation must bein a battery room, in a box on dock, orin a well ventilated compartment. Thebatteries must be protected from fall-ing objects;

(4) Each battery tray must be securedto prevent shifting with the roll andpitch of the vessel and lined with a ma-terial that is corrosion resistant to theelectrolyte of the battery;

(5) Each battery bank installationmust be fitted with its own drip-proofcharging system; and

(6) Each deck box used for batterystorage must be weathertight, andhave holes near the top to allow gas toescape.

§ 28.875 Radar, depth sounding, andauto-pilot.

(a) Each vessel must be fitted with ageneral marine radar system for sur-face navigation with a radar screen


325


mounted at the operating station, andfacilities on the bridge for plottingradar readings.

(b) Each vessel must be fitted with asuitable echo depth sounding device.

(c) Except as provided in 33 CFR§164.15, when the automatic pilot isused in areas of high traffic density,conditions of restricted visibility, andall other hazardous navigational situa-tions, the master or person in chargeshall ensure that:

(1) It is possible to immediately es-tablish manual control of the unit’ssteering:

(2) A competent person is ready at alltimes to take over steering control;and

(3) The changeover from automaticto manual steering and vice versa ismade by, or under the supervision of,the officer of the watch.

§ 28.880 Hydraulic equipment.(a) Each hydraulic system must be so

designed and installed that proper op-eration of the system is not affected byback pressure in the system.

(b) Piping and piping componentsmust be designed with a burst pressureof not less than four times the system’smaximum operating pressure.

(c) Each hydraulic system must beequipped with at least one pressure re-lieving device set to relieve at the sys-tem’s maximum operating pressure.

(d) All material in a hydraulic sys-tem must be suitable for use with thehydraulic fluid used and must be ofsuch chemical and physical propertiesas to remain ductile at the lowest oper-ating temperature likely to be encoun-tered by the vessel.

(e) Except for hydraulic steeringequipment, controls for operating hy-draulic equipment must be locatedwhere the operator has an unob-structed view of the controls for oper-ating hydraulic equipment and the ad-jacent work area. Protection shall beafforded to the operator of hydraulicequipment against falling or swingingobjects and/or cargo.

(f) Controls for hydraulic equipmentmust be so arranged that the operatoris able to quickly disengage the equip-ment in an emergency.

(g) Hydraulically operated machinerymust be fail-safe or equipped with a

holding device to prevent uncontrolledmovement or sudden loss of control dueto loss of hydraulic system pressure. Asystem is considered to be fail-safe if acomponent failure results in a slow andcontrolled release of the load so as notto endanger personnel.

(h) Nonmetallic flexible hose assem-blies must only be used between twopoints of relative motion, limited tothe least amount of length that will af-ford maximum multidirectional move-ment of the equipment served.

(i) Hose end fittings must complywith SAE J1475, (Hydraulic Hose Fit-tings For Marine Applications). Fieldattachable fittings must be installedfollowing the manufacturer’s rec-ommended practice (method).

(j) Nonmetallic flexible hose shall bemarked with the manufacturer’s nameor trademark, type or catalog numberand maximum allowable working pres-sure.

(k) Existing hydraulic piping, non-metallic hose assemblies, and compo-nents may be continued in service solong as they are maintained in goodcondition to the satisfaction of theCoast Guard Representative, but allnew installations, or replacementsshall meet the applicable specificationsor requirements of this section.

§ 28.885 Cargo gear.(a) The safe working load (SWL) for

the assembled gear shall be marked onthe heel of each cargo boom, crane, orderrick. These letters and figures areto be in contrasting colors to the back-ground and at least one inch in height.The SWL is construed to be the loadthe gear is approved to lift, excludingthe weight of the gear itself.

(b) All wire rope, chains, rings,hooks, links, shackles, swivels, blocks,and any other loose gear used or in-tended to be used in cargo loading orunloading must be commensurablewith the SWL rating in paragraph (a)of this section. This gear shall be vis-ually inspected by the vessel’s captainor his designee at frequent intervals,and in any event not less than once ineach operating month.

(c) In addition to the inspection re-quired in paragraph (b) of this section,a biennial, (every second year), thor-ough examination and proof load test,


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46 CFR Ch. I (10–1–96 Edition)§ 28.890

at a minimum of the SWL rating, shallbe performed and witnessed by com-petent personnel. The proof load ap-plied to the winches, booms, derricks,cranes and all associated gear shall belifted with the ship’s normal tacklewith the boom or derrick at the lowestpracticable angle. When the load hasbeen lifted, it shall be swung as far aspossible in both directions.

(d) After satisfactory completion ofthe tests and examinations required inparagraphs (b) and (c) of this section,all results and notations together withthe date and location of each shall bemaintained and available to CoastGuard representatives upon request.

§ 28.890 Examination and certificationof compliance.

(a) At least once in every two yearseach ATA vessel must be examined forcompliance with the regulations of thissubchapter by the ABS, a similarlyqualified organization, or a surveyor ofan accepted organization.

(b) Each individual performing an ex-amination under paragraph (a) of thissection, upon finding the vessel to be incompliance with the requirements ofthis chapter, must provide written cer-tification of compliance to the owneror operator of the vessel.

(c) Each certification of complianceissued under paragraph (b) of this sec-tion must:

(1) Be signed by the individual thatperformed the examination;

(2) Include the name of the organiza-tion the individual performing the ex-amination represents or the name ofthe accepted organization the individ-ual belongs to; and

(3) State that the vessel has been ex-amined and found to meet the specificrequirements of this chapter.

(d) A certification of compliance is-sued under paragraph (b) of this sectionmust be retained on board the vesseluntil superseded.

(e) A copy of the certification of com-pliance issued under paragraph (b) of

this section must be forwarded by theorganization under whose authoritythe examination was performed to theCoast Guard District Commander (At-tention: Fishing Vessel Safety Coordi-nator) in charge of the district inwhich the examination took place.

§ 28.895 Loadlines.

(a) A fish tender vessel of not morethan 500 gross tons, engaged in theAleutian trade, is not subject to theloadline provisions of 46 U.S.C. Chapter51 if it is not on a foreign voyage andthe vessel:

(1) operated in this trade before Sep-tember 8, 1990; or

(2) was purchased to be used in thistrade before September 8, 1990 and en-tered into service before June 1, 1992;and

(3) has not undergone a major conver-sion; and

(4) has not had a loadline assigned atany time before November 16, 1990.

(b) The exemption from the loadlineprovision of 46 U.S.C. Chapter 51 setforth in paragraph (a) of this sectionexpires on January 1, 2003.

§ 28.900 Post accident inspection.

The requirements for providing no-tice and reporting of marine casualtiesare contained in part 4 of this chapter.The owner of or master of the vesselshall ensure that the survey guidanceprovided by a Coast Guard Representa-tive is effectively carried out, that thematerial and the workmanship of suchrepairs or renewals are in all respectssatisfactory, and that the vessel com-plies in all respects with the regula-tions in this part.

§ 28.905 Repairs and alterations.

No repairs or alterations affectingthe safety of the vessel with regard tothe hull, machinery, or equipment,shall be made without the notificationof a Coast Guard Representative.


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INDEXSUBCHAPTER C—UNINSPECTED VESSELS

EDITORIAL NOTE: This listing is provided for informational purposes only. It is compiled andkept current by the Coast Guard, Department of Transportation.

Section or Subpart

AAccidents, action required after ..................................................................... 26.03–5Alarms:

High water..................................................................................................... 28.250General.......................................................................................................... 28.240

Anchors ............................................................................................................ 28.235Application of regulations ............................ 28.30, 28.100, 28.200, 28.300, 28.500, 28.700Approved, definition ....................................................................................... 24.10–1Approved equipment & material........................................................................ 28.70Assignment of functions ................................................................................. 24.01–5Authority for regulations..................................................................... 24.01–10, 28.10

BBackfire flame control....................................................................................... 25.35Barge, definition............................................................................................. 24.10–2Bilge pumps...................................................................................................... 28.255Boarding ............................................................................................................ 26.15Boiler inspection............................................................................................. 24.20–1

CCanadian pleasure craft temporarily using navigable waters of the Unit-

ed States ................................................................................................... 24.15–5Carburetor backfire flame arrester (See Flame arrester)Carrying freight for hire, definition ............................................................... 24.10–5Carrying passengers for hire, definition ......................................................... 24.10–3Coast Guard District Commander, definition ................................................. 24.10–9Commandant, definition ................................................................................. 24.10–7Communication equipment.................................................................... 28.245, 28.375Compasses ........................................................................................................ 28.230Cushion, buoyant (see Life preserver)

DDeck rails ......................................................................................................... 28.410Definition of terms ................................................................................... 24.10, 28.50Depth-sounding device ..................................................................................... 28.400Distress Signals................................................................................................ 28.145Drills and instruction....................................................................................... 28.270

EElectrical power:

Distribution system ...................................................................................... 28.360Emergency source ......................................................................................... 28.375General requirements.................................................................................... 28.350Main source ................................................................................................... 28.355


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46 CFR Ch. I (10–1–96 Edition)

Overcurrent protection ................................................................................. 28.365Standards for vessels less than 79 ft .............................................................. 28.345Wiring methods and materials ...................................................................... 28.370

Electronic position fixing devices .................................................................... 28.260Embarkation station........................................................................................ 28.395Emergency checkoff list ................................................................................. 26.03–2Emergency instructions ................................................................................... 28.265EPIRBs.................................................................................................... 25.26, 28.150Equivalents........................................................................................................ 24.15Escape, means of .............................................................................................. 28.390

FFire detection systems..................................................................................... 28.325Fines and penalties ............................................................................................ 26.10Fireman’s outfit ............................................................................................... 28.205Fire protection equipment:

Application .................................................................................................. 25.30–1Galley hood ................................................................................................... 28.330General provisions............................................................................. 25.30–5, 28.160Excess equipment.......................................................................................... 28.155Portable fire extinguishers .............................................................. 25.30–10, 28.160

Fire pumps ....................................................................................................... 28.315First aid equipment and training..................................................................... 28.210Fixed fire extinguishing system:

Approved type required................................................................................ 25.30–5Details ............................................................................................. 25.30–15, 28.320Special provisions when installed .............................................................. 25.30–20

Flame arrester:Required ......................................................................................................... 25.35

Freight, carrying for hire, definition.............................................................. 24.10–5Fuel systems .................................................................................................... 28.335

GGeneral alarm .................................................................................................. 28.240Guards for exposed hazards .............................................................................. 28.215

HHand portable fire extinguisher:

Approved type required....................................................................... 25.30–5, 28.70Classification ............................................................................................. 25.30–10Number required .............................................................................. 25.30–20, 28.160

Headquarters, definition ............................................................................... 24.10–11Hydraulic equipment........................................................................................ 28.405

IInternational voyage:

Requirement for vessels on............................................................................. 24.05Definition ................................................................................................... 24.10–13

Instructions and drills...................................................................................... 28.270Immersion suits ...................................................................................... 25.25, 28.110Injury placard .................................................................................................. 28.165

LLifelines ........................................................................................................... 28.410Life preserver:


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Subchapter C Index

Approved type required ..................................................................... 25.25–5. 28.105Condition.................................................................................................... 25.25–11Marking............................................................................................. 25.25–7, 28.135Number required ............................................................................... 25.25–5, 28.110Storage.......................................................................................... 25.25–9, 28.110(b)

Lifesaving equipment:General requirements ................................................................ 25.25, 28.105, 28.305Maintenance.................................................................................................. 28.140Markings .............................................................................................. 25.25, 28.135

MMachinery space, ventilation of .............................................................. 25.40, 28.340Marine engineering requirements................................................................... 24.20–1Marine inspector, definition.......................................................................... 24.10–15Motorboat:

Definition ................................................................................................... 24.10–17Included under term vessel ........................................................................ 24.10–17

Motor vessel, definition ................................................................................ 24.10–19

NNavigation information.................................................................................... 28.225

OOceanographic vessel, definition................................................................... 24.10–20Officer in Charge, Marine Inspection, definition........................................... 24.10–21Operator’s license, exhibition of ........................................................................ 26.20

PPassenger:

Carrying for hire, definition ........................................................................ 24.10–3Definition ................................................................................................... 24.10–23

RRadar equipment .............................................................................................. 28.400Radar reflectors ............................................................................................... 28.235Regulations:

Authority for and purpose ..................................................................... 24.01, 28.10Ring Life Buoys ............................................................................... 25.25–5(d), 28.115

SSafety orientation................................................................................ 26.03–1, 28.270Self contained breathing apparatus ................................................................. 28.205Semiportable fire extinguishing system:

Approved type required................................................................................ 25.30–5Classification ............................................................................................. 25.30–10Number required .............................................................................. 25.30–20, 28.160

Signaling equipment ........................................................................................ 28.305Signaling lights............................................................................................. 26.03–10Special operating requirements......................................................................... 26.03Stability instructions ...................................................................................... 28.530Storm rails ....................................................................................................... 28.410Structural fire protection:

General.......................................................................................................... 28.380Vessels with more than 49 persons ................................................................ 28.385


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Survival CraftEquipment..................................................................................................... 28.130Launching ..................................................................................................... 28.310Stowage......................................................................................................... 28.125Type and number required ............................................................................ 28.120

TTank space, ventilation of ................................................................... 25.40–1, 28.340

VVentilation of tanks and engine space ................................................. 25.40–1, 28.340Vessel, definition........................................................................................... 24.10–27Vest, work.......................................................................................................... 26.30

Approved unicellular plastic foam............................................................... 26.30–1Stowage...................................................................................................... 26.30–10Use ............................................................................................................... 26.30–5

Violations, procedures for............................................................................... 26.10–5


subchapter c—uninspected vessels - u.s ... coast guard, dot 24.05–1 t able 24.05–1(a) method...

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