Download:
pdf |
pdfSUBCHAPTER C—UNINSPECTED VESSELS
imum requirements for uninspected
commercial vessels, certain motor vessels, vessels propelled by sail carrying
passengers for hire, and barges carrying passengers for hire.
PART 24—GENERAL PROVISIONS
Subpart 24.01—Purpose
Sec.
24.01–1
24.01–7
Purpose of regulations.
Right of appeal.
[CGD 95–028, 62 FR 51196, Sept. 30, 1997]
Subpart 24.05—Application
§ 24.01–7
24.05–1 Vessels subject to the requirements
of this subchapter.
24.05–5 Specific application noted in text.
Subpart 24.10—Definition of Terms Used in
This Subchapter
24.10–1
Definitions
Right of appeal.
Any person directly affected by a decision or action taken under this subchapter, by or on behalf of the Coast
Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter.
[CGD 88–033, 54 FR 50380, Dec. 6, 1989]
Subpart 24.15—Equivalents
24.15–1 Conditions under which equivalents
may be used.
24.15–5 Canadian pleasure craft temporarily
using navigable waters of the United
States.
Subpart 24.20—General Marine
Engineering Requirements
24.20–1
Marine engineering details.
AUTHORITY: 46 U.S.C. 2113, 3306, 4104, 4302;
Pub. L. 103–206; 107 Stat.2439; E.O. 12234; 45
FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.
SOURCE: CGFR 65–50, 30 FR 16650, Dec. 30,
1965, unless otherwise noted.
Subpart 24.01—Purpose
§ 24.01–1 Purpose of regulations.
The purpose of the regulations in this
subchapter is to set forth uniform min-
Subpart 24.05—Application
§ 24.05–1 Vessels subject to the
quirements of this subchapter.
(a) This subchapter is applicable to
all vessels indicated in Column 5 of
Table 24.05–1(a), and is applicable to all
such U.S.-flag vessels, and to all such
foreign-flag vessels, except as follows:
(1) Any vessel operating exclusively
on inland waters which are not navigable waters of the United States.
(2) Any vessel while laid up and dismantled and out of commission.
(3) With the exception of vessels of
the U.S. Maritime Administration, any
vessel with title vested in the United
States and which is used for public purposes.
262
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00272
Fmt 8010
re-
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 24.05–1
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00273
Fmt 8010
Sfmt 8006
Q:\46\46V1.TXT
ofr150
PsN: PC150
ER04DE09.008
263
§ 24.05–1
46 CFR Ch. I (10–1–11 Edition)
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00274
Fmt 8010
Sfmt 8006
Q:\46\46V1.TXT
ofr150
PsN: PC150
ER04DE09.009
264
Coast Guard, DHS
§ 24.05–1
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00275
Fmt 8010
Sfmt 8006
Q:\46\46V1.TXT
ofr150
PsN: PC150
ER04DE09.010
265
§ 24.05–1
46 CFR Ch. I (10–1–11 Edition)
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00276
Fmt 8010
Sfmt 8006
Q:\46\46V1.TXT
ofr150
PsN: PC150
ER04DE09.011
266
Coast Guard, DHS
§ 24.05–1
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00277
Fmt 8010
Sfmt 8006
Q:\46\46V1.TXT
ofr150
PsN: PC150
ER04DE09.012
267
§ 24.05–1
46 CFR Ch. I (10–1–11 Edition)
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00278
Fmt 8010
Sfmt 8006
Q:\46\46V1.TXT
ofr150
PsN: PC150
ER04DE09.013
268
Coast Guard, DHS
§ 24.05–1
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00279
Fmt 8010
Sfmt 8006
Q:\46\46V1.TXT
ofr150
PsN: PC150
ER04DE09.014
269
§ 24.05–1
46 CFR Ch. I (10–1–11 Edition)
[CGFR 65–50, 30 FR 16650, Dec. 30, 1965, as amended by CGFR 67–33, 33 FR 1104, Jan. 27, 1968;
CGFR 70–10, 35 FR 3707, Feb. 25, 1970; CGD 72–172R, 38 FR 3116, Mar. 28, 1973; CGD 73–96, 42 FR
49023, Sept. 26, 1977; CGD 86–033, 53 FR 36023, Sept. 16, 1988; 53 FR 46871, Nov. 21, 1988; CGD 90–
008, 55 FR 30659, July 26, 1990; USCG-1999–5040, 67 FR 34768, May 15, 2002; USCG–2008–1107; 74
FR 63628, Dec. 4, 2009]
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00280
Fmt 8010
Sfmt 8016
Q:\46\46V1.TXT
ofr150
PsN: PC150
ER04DE09.015
270
Coast Guard, DHS
§ 24.10–1
§ 24.05–5 Specific application noted in
text.
(a) At the beginning of the various
parts, subparts, and sections, a more
specific application is generally given
for the particular portion of the text
involved. This application sets forth
the types, sizes, or services of vessels
to which the text pertains, and in
many cases limits the application of
the text to vessels contracted for before or after a specific date. As used in
this subchapter, the term vessels contracted for includes not only the contracting for the construction of a vessel, but also the contracting for a material alteration to a vessel, the contracting for the conversion of a vessel
to a passenger vessel, and the changing
of service or route of a vessel if such
change increases or modifies the general requirements for the vessel or increases the hazards to which it might
be subjected.
(b) [Reserved]
Subpart 24.10—Definition of Terms
Used in This Subchapter
SOURCE: USCG-1999–5040, 67 FR 34775, May
15, 2002, unless otherwise noted.
§ 24.10–1
Definitions.
Approved means approved by the
Commandant, unless otherwise stated.
Barge means a non-self-propelled vessel.
Carrying freight for hire means the
carriage of any goods, wares, or merchandise, or any other freight for a
consideration, whether directly or indirectly flowing to the owner, charterer,
operator, agent, or any other person interested in the vessel.
Coast
Guard
District
Commander
means an officer of the Coast Guard
designated as such by the Commandant
to command all Coast Guard activities
within his or her district, which includes the inspection, enforcement,
and administration of Subtitle II, Title
46 U.S. Code; Title 33 U.S. Code; and
regulations issued under these statutes.
Commandant means the Commandant
of the United States Coast Guard.
Consideration means an economic
benefit, inducement, right, or profit,
including pecuniary payment accruing
to an individual, person, or entity but
not including a voluntary sharing of
the actual expenses of the voyage by
monetary contribution or donation of
fuel, food, beverage, or other supplies.
Headquarters means the Office of the
Commandant, United States Coast
Guard, Washington, DC.
International voyage means a voyage
between a country to which SOLAS applies and a port outside that country. A
country, as used in this definition, includes every territory for the international relations of which a contracting government to the convention
is responsible or for which the United
Nations is the administering authority.
For the U.S., the term ‘‘territory’’ includes the Commonwealth of Puerto
Rico, all possessions of the United
States, and all lands held by the United
States under a protectorate or mandate. For the purposes of this subchapter, vessels are not considered as
being on an ‘‘international voyage’’
when solely navigating the Great
Lakes and the St. Lawrence River as
far east as a straight line drawn from
Cap des Rosiers to West Point, Anticosti Island and, on the north side of
Anticosti Island, the 63rd meridian.
Marine inspector or inspector means
any person from the civilian or military branch of the Coast Guard assigned under the direction of an Officer
in Charge, Marine Inspection, or any
other person designated to perform duties related to the inspection, enforcement, and administration of Subtitle
II, Title 46 U.S. Code; Title 33 U.S.
Code; and regulations issued under
these statutes.
Motor vessel means any vessel more
than 65 feet in length, which is propelled by machinery other than steam.
Motorboat means any vessel indicated
in column five of Table 24.05–1(a) in
§ 24.05–1, 65 feet in length or less, which
is equipped with propulsion machinery
(including steam). The length must be
measured from end-to-end over the
deck, excluding sheer. This term includes a boat equipped with a detachable motor. For the purpose of this
subchapter, motorboats are included
under the term vessel, unless specifically noted otherwise.
271
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00281
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 24.15–1
46 CFR Ch. I (10–1–11 Edition)
(1) The various length categories of
motorboats are as follows:
(i) Any motorboat less than 16 feet in
length.
(ii) Any motorboat 16 feet or over and
less than 26 feet in length.
(iii) Any motorboat 26 feet or over
and less than 40 feet in length.
(iv) Any motorboat 40 feet or over
and not more than 65 feet in length.
(2) The expression ‘‘length must be
measured from end-to-end over the
deck
excluding
sheer’’
means
a
straight-line measurement of the overall length from the foremost part of
the vessel to the aftermost part of the
vessel, measured parallel to the centerline. Bowsprits, bumpkins, rudders,
outboard motor brackets, and similar
fittings or attachments, are not to be
included in the measurement. Length
must be stated in feet and inches.
Oceans means a route that goes beyond 20 nautical miles offshore on any
of the following waters:
(1) Any ocean.
(2) The Gulf of Mexico.
(3) The Caribbean Sea.
(4) The Bering Sea.
(5) The Gulf of Alaska.
(6) Such other similar waters as may
be designated by a Coast Guard District Commander.
Officer in Charge, Marine Inspection or
OCMI means any person from the civilian or military branch of the Coast
Guard designated as such by the Commandant and who, under the direction
of the Coast Guard District Commander, is in charge of an inspection
zone for performance of duties related
to the inspection, enforcement, and administration of Subtitle II, Title 46
U.S. Code; Title 33 U.S. Code; and regulations issued under these statutes.
Passenger means an individual carried
on a vessel, except—
(1) The owner or an individual representative of the owner, or in the case
of a vessel under charter, an individual
charterer or individual representative
of the charterer;
(2) The master; or
(3) A member of the crew engaged in
the business of the vessel, who has not
contributed consideration for carriage,
and who is paid for onboard services.
Passenger-for-hire means a passenger
for whom consideration is contributed
as a condition of carriage on the vessel,
whether directly or indirectly flowing
to the owner, charterer, operator,
agent, or any other person having an
interest in the vessel.
Survival craft, when used on an
uninspected passenger vessel over 100
gross tons means a lifeboat, inflatable
liferaft, inflatable buoyant apparatus,
or small boat.
Vessel, as used in this subpart includes all vessels indicated in column
five of Table 24.05–1(a) in § 24.05–1, unless otherwise noted in this subpart.
Uninspected passenger vessel means an
uninspected vessel—
(1) Of at least 100 gross tons;
(i) Carrying not more than 12 passengers, including at least one passenger-for-hire; or
(ii) That is chartered with the crew
provided or specified by the owner or
the owner’s representative and carrying not more than 12 passengers; and
(2) Of less than 100 gross tons;
(i) Carrying not more than six passengers, including at least one passenger-for-hire; or
(ii) That is chartered with the crew
provided or specified by the owner or
the owner’s representative and carrying not more than six passengers.
Subpart 24.15—Equivalents
§ 24.15–1 Conditions
under
equivalents may be used.
which
(a) Where in this subchapter it is provided that a particular fitting, material, appliance, apparatus, or equipment, or type thereof, shall be fitted or
carried in a vessel, or that any particular provision shall be made or arrangement shall be adopted, the Commandant may accept in substitution
therefor any other fitting, material,
apparatus, or equipment, or type thereof, or any other arrangement: Provided,
That he shall have been satisfied by
suitable trials that the fitting, material, appliance, apparatus, or equipment, or type thereof, or the provision
or arrangement is at least as effective
as that specified in this subchapter.
(b) In any case where it is shown to
the satisfaction of the Commandant
that the use of any particular equipment, apparatus, or arrangement not
272
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00282
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
Pt. 25
specifically required by law is unreasonable or impracticable, the Commandant may permit the use of alternate equipment, apparatus, or arrangement to such an extent and upon such
conditions as will insure to his satisfaction, a degree of safety consistent
with the minimum standards set forth
in this subchapter.
§ 24.15–5 Canadian pleasure craft temporarily using navigable waters of
the United States.
Uninspected Canadian pleasure craft
(uninspected vessels) temporarily using
navigable waters of the United States
may carry in lieu of the equipment required by this subchapter, the equipment as required by the laws of the Dominion of Canada and the regulations
of the Department of Transport, Ottawa, Canada.
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 personal flotation devices.
25.25–17 Survival craft requirements for
uninspected passenger vessels of at least
100 gross tons.
25.25–19 Visual distress signals.
Subpart 25.26—Emergency Position
Indicating Radio Beacons (EPIRB)
25.26–1 Definitions.
25.26–5 Commercial fishing industry vessels.
25.26–10 EPIRB
requirements
for
uninspected passenger vessels.
25.26–20 Other manned uninspected commercial vessels.
25.26–50 Servicing of EPIRBs.
25.26–60 Exemptions.
[CGFR 65–50, 30 FR 16650, Dec. 30, 1965, as
amended by CGD 95–028, 62 FR 51196, Sept. 30,
1997]
Subpart 24.20—General Marine
Engineering Requirements
§ 24.20–1
Marine engineering details.
(a) All marine engineering details
relative to the design, construction,
and testing of boilers and machinery
on steam-propelled motorboats of over
40 feet in length will be found in subchapter F (Marine Engineering) of this
chapter.
Subpart 25.30—Fire Extinguishing
Equipment
25.30–1 Application.
25.30–5 General provisions.
25.30–10 Hand-portable fire extinguishers
and semi-portable fire-extinguishing systems.
25.30–15 Fixed fire-extinguishing systems.
25.30–20 Fire extinguishing equipment required.
25.30–90 Vessels contracted for prior to November 19, 1952.
Subpart 25.35—Backfire Flame Control
25.35–1
Requirements.
25.40–1
Tanks and engine spaces.
PART 25—REQUIREMENTS
Subpart 25.40—Ventilation
Subpart 25.01—Application
Sec.
25.01–1 Applicable to all vessels.
25.01–3 Incorporation by reference.
25.01–5 OMB control numbers assigned pursuant to the Paperwork Reduction Act.
Subpart 25.10—Navigation lights
25.10–1 Applicability.
25.10–2 Definitions.
25.10–3 Navigation light
quirements.
25.45–1 Heating and lighting systems on vessels carrying passengers for hire.
25.45–2 Cooking systems on vessels carrying
passengers for hire.
Subpart 25.50—Garbage Retention
certification
re25.50–1
Criteria.
AUTHORITY: 33 U.S.C. 1903(b); 46 U.S.C. 3306,
4102, 4302; Department of Homeland Security
Delegation No. 0170.1.
Subpart 25.25—Life Preservers and Other
Lifesaving Equipment
25.25–1
25.25–3
Subpart 25.45—Cooking, Heating, and
Lighting Systems
Application.
Definitions.
SOURCE: CGFR 65–50, 30 FR 16653, Dec. 30,
1965, unless otherwise noted.
273
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00283
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 25.01–1
46 CFR Ch. I (10–1–11 Edition)
Underwriter’s Laboratories (UL)
Subpart 25.01—Application
12
§ 25.01–1
Applicable to all vessels.
(a) The provisions of this part shall
apply to all vessels except as specifically noted.
§ 25.01–3
Incorporation by reference.
(a) Certain material is incorporated
by reference into this part with the approval of the Director of the Federal
Register in accordance with 5 U.S.C.
552(a). To enforce any edition other
than that specified in paragraph (b) of
this section, the Coast Guard must
publish notice of change in the FEDERAL REGISTER and make the material
available to the public. All approved
material is on file at the U.S. Coast
Guard, Office of Vessel Activities (CG–
543), 2100 2nd St. SW., Stop 7581, Washington, DC 20593–7581 or at the National
Archives and Records Administration
(NARA). For information on the availability of this material at NARA, call
202–741–6030,
or
go
to:
http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html. All material is
available from the sources indicated in
paragraph (b) of this section.
(b) The material approved for incorporation by reference in this part and
the sections affected are:
Laboratory Drive, Research Triangle
Park, NC 27709
UL 1111, Marine Carburetor Flame Arrestors, June 1988 ............................25.35–1
[CGD 88–032, 56 FR 35820, July 29, 1991, as
amended 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; USCG1999–6580, 66 FR 55091, Nov. 1, 2001; USCG–
2009–0702, 74 FR 49225, Sept. 25, 2009; USCG–
2010–0759, 75 FR 60002, Sept. 29, 2010]
§ 25.01–5 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
(a) Purpose. This section collects and
displays the control numbers assigned
to information collection and recordkeeping requirements in this subchapter by the Office of Management
and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44
U.S.C. 3501 et seq.). The Coast Guard intends that this section comply with the
requirements of 44 U.S.C. 3507(f), which
requires that agencies display a current control number assigned by the
Director of the OMB for each approved
agency information collection requirement.
(b) Display.
46 CFR part or section where identified or described
Current
OMB control
No.
§ 25.45–2 ...........................................................
1625–0099
American Boat and Yacht Council (ABYC)
613 Third Street, Suite 10, Annapolis, MD
21403
Standard A-1–78, Marine LPG-Liquefied Petroleum Gas Systems, December 15, 1978 ................................25.45–2
Standard A-22–78, Marine CNG-Compressed Natural Gas Systems, December 15, 1978 ................................25.45–2
Standard A-16–97, Electric Navigation
Lights, July 1997 .............................25.10–3
[CGD 83–013, 54 FR 6401, Feb. 10, 1989 and CGD
83–013, 55 FR 3959, Feb. 6, 1990; USCG-2004–
18884, 69 FR 58344, Sept. 30, 2004]
Subpart 25.10—Navigation Lights
SOURCE: USCG-1999–6580, 66 FR 55091, Nov.
1, 2001, unless otherwise noted.
Society of Automotive Engineers (SAE)
§ 25.10–1 Applicability.
This subpart applies to vessel manufacturers, distributors, and dealers installing navigation lights on all
uninspected commercial vessels, except
those completed before November 7,
2002.
400 Commonwealth Drive, Warrendale, PA
15096
SAE J–1928, Devices Providing Backfire Flame Control for Gasoline
Engines in Marine Applications,
June 1989 .........................................25.35–1
§ 25.10–2 Definitions.
As used in this subpart:
Dealer means any person who is engaged in the sale and distribution of
vessels to purchasers who the seller in
National Fire Protection Association (NFPA)
1 Batterymarch Park, Quincy, MA 02269
NFPA 302, Fire Protection Standard
for Pleasure and Commercial
Motor Craft, 1989.............................25.45–2
274
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00284
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 25.25–5
good faith believes to be purchasing
any such vessel for purposes other than
resale.
Distributor means any person engaged
in the sale and distribution of vessels
for the purpose of resale.
Manufacturer means any person engaged in:
(1) The manufacture, construction, or
assembly of vessels, or
(2) The importation of vessels into
the United States for subsequent sale.
Navigation lights are those lights prescribed by the Navigation Rules (Commandant Instruction 16672.2 series) to
indicate a vessel’s presence, type, operation, and relative heading.
§ 25.10–3 Navigation light certification
requirements.
(a) Except as provided by paragraph
(b) of this section, each navigation
light must—
(1) Meet the technical standards of
the applicable Navigation Rules;
(2) Be certified by a laboratory listed
by the Coast Guard to the standards of
ABYC A-16 (incorporated by reference,
see § 25.01–3), or equivalent, although
portable battery-powered lights need
only meet the requirements of the
standard applicable to them; and
(3) Bear a permanent and indelible
label stating the following:
(i) ‘‘USCG Approval 33 CFR 183.810’’
(ii) ‘‘MEETS ll.’’ (Insert the identification name or number of the standard under paragraph (a)(2) of this section, to which the light was type-tested.)
(iii) ‘‘TESTED BY ll.’’ (Insert the
name or registered certification-mark
of the laboratory listed by the Coast
Guard that tested the fixture to the
standard under paragraph (a)(2) of this
section.)
(iv) Name of Manufacturer.
(v) Number of Model.
(vi) Visibility of the light in nautical
miles (nm).
(vii) Date on which the light was
type-tested.
(viii) Identification of bulb used in
the compliance test.
(b) If a light is too small to attach
the required label—
(1) Place the information from the
label in or on the package that contains the light; and
(2) Mark each light ‘‘USCG’’ followed
by the certified range of visibility in
nautical miles, for example, ‘‘USCG
2nm.’’ Once installed, this mark must
be visible without removing the light.
Subpart 25.25—Life Preservers and
Other 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 to
which this part applies, except:
(a) Vessels used for noncommercial
use;
(b) Vessels leased, rented, or chartered to another for the latter’s noncommercial use;
(c) Commercial vessels propelled by
sail not carrying passengers for hire; or
(d) Commercial barges not carrying
passengers 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.
§ 25.25–5 Life preservers and other
lifesaving equipment required.
(a) No person may operate a vessel to
which this subpart applies unless it
meets the requirements of this subpart.
(b) Each vessel not carrying passengers for hire, less than 40 feet in
length must have at least one life preserver (Type I PFD), buoyant vest
(Type II PFD), or marine buoyant device intended to be worn (Type III
PFD), approved under subchapter Q of
a suitable size for each person on
board. Kapok and fibrous glass life preservers that do not have plastic-covered pad inserts as required by subparts 160.062 and 160.005 of this chapter
are not acceptable as equipment required by this paragraph.
(c) Each vessel carrying passengers
for hire and each vessel 40 feet in
length or longer not carrying passengers for hire must have at least one
life preserver approved under subchapter Q of a suitable size for each
person on board. Kapok and fibrous
glass life preservers which do not have
275
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00285
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 25.25–7
46 CFR Ch. I (10–1–11 Edition)
plastic-covered pad inserts as required
by subparts 160.002 and 160.005 of this
chapter are not acceptable as equipment required by this paragraph.
(d) In addition to the equipment required by paragraph (b) and (c) of this
section, each vessel 26 feet in length or
longer must have at least one approved
ring life buoy, and each uninspected
passenger vessel of at least 100 gross
tons must have at least three ring life
buoys. Ring life buoys must be constructed per subpart 160.050 of part 160
of this chapter. The exception is a ring
life buoy that was approved prior to
May 9, 1979, under former subpart
160.009 of part 160 of this chapter (see 46
CFR chapter I, revised as of October 1,
1979), which may be used as long as it
is in good and serviceable condition.
(e) Each vessel not carrying passengers for hire may substitute an immersion suit for a life preserver, buoyant vest, or marine buoyant device required under paragraphs (b) or (c) of
this section. Each immersion suit carried in accordance with this paragraph
must be of a type approved under subpart 160.171 of this chapter.
(f) On each vessel, regardless of
length and regardless of whether carrying passengers for hire, an approved
commercial hybrid PFD may be substituted for a life preserver, buoyant
vest, or marine buoyant device required under paragraphs (b) or (c) of
this section if it is—
(1) Used in accordance with the conditions marked on the PFD and in the
owner’s manual;
(2) Labeled for use on commercial
vessels; and
(3) In the case of a Type V commercial hybrid PFD, worn when the vessel
is underway and the intended wearer is
not within an enclosed space.
[CGD 72–172R, 38 FR 8117, Mar. 28, 1973, as
amended 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; CGD 97–057, 62 FR
51042, Sept. 30, 1997; USCG-1999–5040, 67 FR
34775, May 15, 2002]
§ 25.25–7
Marking.
The lifesaving equipment required by
this subpart must be legibly marked as
specified in subchapter Q of this chapter.
§ 25.25–9
Storage.
(a) The lifesaving equipment designed to be worn required in § 25.25–5
(b), (c) and (e) must be readily accessible.
(b) Lifesaving equipment designed to
be thrown required in § 25.25–5(d) must
be immediately available.
[CGD 72–172R, 38 FR 8117, Mar. 28, 1973, as
amended by CGD 82–075a, 49 FR 4483, Feb. 7,
1984]
§ 25.25–11
Condition.
The lifesaving equipment required by
this subpart must be in serviceable
condition.
§ 25.25–13 Personal
lights.
flotation
device
(a) This section applies to vessels described in § 25.25–1 that engage in
ocean, coastwise, or Great Lakes voyages.
(b) Each immersion suit carried in
accordance with § 25.25–5(e), each life
preserver, each marine buoyant device
intended to be worn, and each buoyant
vest must have a personal flotation device light that is approved under subpart 161.012 of this chapter.
(c) Each personal flotation device
light required by this section must be
securely attached to the front shoulder
area of the immersion suit, life preserver, or other personal flotation device.
(d) If a personal flotation device light
has a non-replaceable power source, the
light must be replaced on or before the
expiration date of the power source. If
the light has a replaceable power
source, the power source must be replaced on or before its expiration date
and the light must be replaced when it
is no longer serviceable.
[44 FR 38783, July 2, 1979, as amended by CGD
82–075a, 49 FR 4483, Feb. 7, 1984; CGD 97–057,
62 FR 51042, Sept. 30, 1997]
§ 25.25–15 Retroreflective material for
personal flotation devices.
(a) Each life preserver, each marine
buoyant device intended to be worn,
and each buoyant vest carried on a vessel must have Type I retroreflective
material that is approved under subpart 164.018 of this chapter.
276
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00286
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 25.26–1
(b) Each item required to have
retroreflective material must have at
least 200 sq. cm (31 sq. in.) of material
attached to its front side, at least 200
sq. cm of material on its back side,
and, if the item is reversible, at least
200 sq. cm of material on each of its reversible sides. The material attached
on each side of the item must be divided equally between the upper quadrants of the side, and the material in
each quadrant must be attached as
closely as possible to the shoulder area
of the item.
[CGD 76–028, 44 FR 38783, July 2, 1979, as
amended by CGD 82–075a, 49 FR 4483, Feb. 7,
1984]
§ 25.25–17 Survival craft requirements
for uninspected passenger vessels
of at least 100 gross tons.
(a) Each uninspected passenger vessel
of at least 100 gross tons must have
adequate survival craft with enough
capacity for all persons aboard and
must meet one of the following requirements:
(1) An inflatable liferaft must be approved under 46 CFR part 160, subparts
160.051 or 160.151, and be equipped with
an applicable equipment pack or be approved by another standard specified
by the Commandant. Inflatable liferafts must be serviced at a servicing facility approved under 46 CFR part 160,
subpart 160.151.
(2) An inflatable buoyant apparatus
must be approved under 46 CFR part
160, subpart 160.010 or under another
standard specified by the Commandant.
An inflatable buoyant apparatus must
be serviced at a servicing facility approved under 46 CFR part 160, subpart
160.151.
(b) If the vessel carries a small boat
or boats, the capacity of the small boat
or boat(s) may be counted toward the
survival craft capacity required by this
part. Such small boat or boat(s) must
meet the requirements for safe loading
and floatation in 33 CFR part 183.
[USCG-1999–5040, 67 FR 34776, May 15, 2002]
§ 25.25–19
Visual distress signals.
Each uninspected passenger vessel
must meet the visual distress signal re-
quirements of 33 CFR part 175 applicable to the vessel.
[USCG-1999–5040, 67 FR 34776, May 15, 2002]
Subpart 25.26—Emergency Position 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 is
provided with installed bunks and mattresses.
EPIRB means an Emergency Position
Indicating Radiobeacon which is Type
Accepted by the Federal Communications Commission under requirements
in 47 CFR parts 2 and 80.
Galley means a space that provides
for the preparation and extended storage of food. This does not include small
alcohol or propane stoves with limited
cooking capability, or ice chests or
similar devices that are intended for
keeping small quantities of food for
short durations.
High seas means the waters beyond a
line three nautical miles seaward of
the Territorial Sea Baseline as defined
in 33 CFR 2.20.
Length means the length listed on a
vessel’s Certificate of Documentation
or Certificate of Number.
Uninspected passenger vessel means a
vessel which, when used for commercial service, is used solely to carry passengers for hire or to provide nonemergency assistance to boaters (assistance towing), and which is not inspected by the Coast Guard under any
other 46 CFR subchapter.
NOTE: As an example, a vessel on a voyage
involving catching fish which are to be sold,
is a commercial fishing industry vessel for
the purposes of the EPIRB regulations in
this section, even if there are passengers on
board during the voyage.
[CGD 87–016a, 58 FR 13367, Mar. 10, 1993, as
amended by USCG–2007–29018, 72 FR 53964,
Sept. 21, 2007]
277
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00287
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 25.26–5
46 CFR Ch. I (10–1–11 Edition)
§ 25.26–5 Commercial fishing industry
vessels.
(a) The owner of a fishing vessel, a
fish processing vessel, or a fish tender
vessel, 11 meters (36 feet) or more in
length, except for vessels described in
paragraph (b) or (c) of this section,
shall ensure that the vessel does not
operate on the high seas or beyond
three miles from the coastline of the
Great Lakes unless it has on board a
float-free,
automatically
activated
Category 1 406 MHz EPIRB stowed in a
manner so that it will float-free if the
vessel sinks.
(b) The owner of a fishing vessel, fish
processing vessel, or a fish tender vessel less than 11 meters (36 feet) in
length, or 11 meters or more in length
which has a builder’s certification that
the vessel is constructed with sufficient inherently buoyant material to
keep the flooded vessel afloat, shall ensure that the vessel does not operate
on the high seas or beyond three miles
from the coastline of the Great Lakes,
unless it has installed in a readily accessible location at or near the principal steering station—
(1) A manually activated Category 2
406 MHz EPIRB; or
(2) A float-free, automatically activated Category 1 406 MHz EPIRB.
(3) Until February 1, 1998, a 121.5/243.0
MHz EPIRB meeting § 25.26–30.
(c) The owner of a fishing vessel, fish
processing vessel or a fish tender vessel
11 meters (36 feet) or more in length
that does not have installed galley or
berthing facilities, shall ensure that
the vessel does not operate on the high
seas or beyond three miles from the
coastline of the Great Lakes unless it
has on board a float-free, automatically activated Category 1 406 MHz
EPIRB stowed in a manner so that it
will float free if the vessel sinks.
[CGD 87–016a, 58 FR 13367, Mar. 10, 1993; 58 FR
27658, May 11, 1993, as amended by CGD 95–
028, 62 FR 51196, Sept. 30, 1997; USCG-1998–
4442, 63 FR 52189, Sept. 30, 1998]
§ 25.26–10 EPIRB
requirements
for
uninspected passenger vessels.
(a) Uninspected passenger vessels less
than 100 gross tons are not required to
carry an EPIRB.
(b) The owner, operator, or master of
an uninspected passenger vessel of at
least 100 gross tons must ensure that
the vessel does not operate beyond
three miles from shore as measured
from the territorial sea baseline seaward or more than three miles from
the coastline of the Great Lakes, unless it has onboard a float-free, automatically activated Category 1 406 MHz
EPIRB stowed in a manner so that it
will float free if the vessel sinks.
[USCG-1999–5040, 67 FR 34776, May 15, 2002]
§ 25.26–20 Other manned uninspected
commercial vessels.
(a)
The
owner
of
a
manned
uninspected commercial vessel 11 meters (36 feet) or more in length, other
than a vessel under § 25.26–5 or § 25.26–10
or under paragraph (b) of this section,
shall ensure that the vessel does not
operate on the high seas or beyond
three miles from the coastline of the
Great Lakes, unless it has on board a
float-free,
automatically
activated
Category 1 406 MHz EPIRB stowed in a
manner so that it will float free if the
vessel sinks.
(b)
The
owner
of
a
manned
uninspected commercial vessel less
than 11 meters (36 feet) in length, or 11
meters or more in length which has a
builder’s certification that the vessel is
constructed with sufficient inherently
buoyant material to keep the flooded
vessel afloat, shall ensure that the vessel does not operate on the high seas or
beyond three miles from the coastline
of the Great Lakes, unless it has installed in a readily accessible location
at or near the principal steering station—
(1) A manually activated Category 2
406 MHz EPIRB; or
(2) A float-free, automatically activated Category 1 406 MHz EPIRB.
[CGD 87–016a, 58 FR 13367, Mar. 10, 1993; 58 FR
27658, May 11, 1993, as amended by CGD 95–
028, 62 FR 51196, Sept. 30, 1997; USCG-1998–
4442, 63 FR 52189, Sept. 30, 1998]
§ 25.26–50 Servicing of EPIRBs.
(a) The master of each vessel required to have an EPIRB under this
subpart shall ensure that each EPIRB
on board is tested and serviced as required by this section.
(b) The EPIRB must be tested immediately after installation and at least
once each month thereafter, unless it
278
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00288
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 25.30–10
is an EPIRB installed in a Coast Guard
approved inflatable liferaft that is tested annually during the servicing of the
liferaft by an approved servicing facility. The test shall be conducted in accordance with the manufacturer’s instructions, using the visual or audio indicator on the EPIRB. If the EPIRB is
not operating, it must be repaired or
replaced with an operating EPIRB.
(c) The battery of the EPIRB must be
replaced—
(1) Immediately after the EPIRB is
used for any purpose other than being
tested; and
(2) Before the expiration date that is
marked on the battery.
[CGD 87–016a, 58 FR 13367, Mar. 10, 1993; 58 FR
27658, May 11, 1993]
§ 25.26–60
Exemptions.
(a) A skiff or work boat is not required to carry an EPIRB if—
(1) Its ‘‘mother ship’’ is required to
carry an EPIRB under this subpart;
and
(2) When not in use, the skiff or work
boat is carried on board the mother
ship.
(b) Each Coast Guard District Commander may, on a case-by-case basis,
grant exemptions from the carriage requirements of EPIRBs in this subpart
for certain geographic areas within the
boundaries of his or her own district if
the District Commander determines
that an EPIRB will not significantly
enhance the overall safety of the vessel
and crew. Exemptions may be limited
to specific time periods. Exemptions
granted under this paragraph must be:
(1) Issued in writing by the cognizant
Coast Guard District Commander for
each individual application; and
(2) For geographic locations and may
be limited to specific time periods.
Subpart 25.30—Fire Extinguishing
Equipment
§ 25.30–1
§ 25.30–5 General provisions.
(a) Where equipment in this subpart
is required to be of an approved type,
such equipment requires the specific
approval of the Commandant. Such approvals are published in the FEDERAL
REGISTER, and in addition, are contained in Coast Guard publication
COMDTINST M16714.3 (Series), Equipment Lists.
(b) All hand portable fire extinguishers, semiportable fire extinguishing systems, and fixed fire extinguishing systems shall be of an approved type.
[CGFR 65–50, 30 FR 16653, Dec. 30, 1965, as
amended by CGD 96–041, 61 FR 50726, Sept. 27,
1996]
§ 25.30–10 Hand-portable fire extinguishers and semi-portable fire-extinguishing systems.
(a) Hand portable fire extinguishers
and semiportable fire extinguishing
systems are classified by a combination letter and number symbol. The
letter indicating the type of fire which
the unit could be expected to extinguish, and the number indicating the
relative size of the unit.
(b) For the purpose of this subchapter, all required hand portable fire
extinguishers and semiportable fire extinguishing systems are of the ‘‘B’’
type; i.e., suitable for extinguishing
fires involving flammable liquids,
greases, etc.
(c) The number designations for size
run from ‘‘I’’ for the smallest to ‘‘V’’
for the largest. Sizes I and II are handportable fire extinguishers; sizes III,
IV, and V are semi-portable fire-extinguishing systems, which must be fitted
with hose and nozzle or other practical
means to cover all portions of the
space involved. Examples of the sizes
for some of the typical hand-portable
fire extinguishers and semi-portable
fire-extinguishing systems appear in
Table 25.30–10(C):
TABLE 25.30–10(c)
Application.
(a) The provisions of this subpart,
with the exception of § 25.30–90, shall
apply to all vessels contracted for on or
after November 19, 1952. Vessels contracted for prior to that date shall
meet the requirements of § 25.30–90.
Classification
B-I ................
B-II ...............
B-III ..............
B-IV ..............
Foam,
liters
(gallons)
Carbon dioxide,
kilograms
(pounds)
Dry chemical,
kilograms
(pounds)
2 (4)
7 (15)
16 (35)
23 (50)
1 (2)
4.5 (10)
9 (20)
13.5 (30)
6.5 (13⁄4)
9.5 (21⁄2)
45 (12)
75 (20)
279
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00289
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 25.30–15
46 CFR Ch. I (10–1–11 Edition)
TABLE 25.30–10(c)—Continued
Classification
B-V ...............
Foam,
liters
(gallons)
Carbon dioxide,
kilograms
(pounds)
Dry chemical,
kilograms
(pounds)
45 (100)
23 (50)
150 (40)
(d) All hand portable fire extinguishers and semiportable fire extinguishing systems shall have permanently attached thereto a metallic
name plate giving the name of the
item, the rated capacity in gallons,
quarts, or pounds, the name and address of the person or firm for whom
approved, and the identifying mark of
the actual manufacturer.
(e) Vaporizing-liquid type fire extinguishers containing carbon tetrachloride or chlorobromomethane or
other toxic vaporizing liquids are not
acceptable as equipment required by
this subchapter.
(f) Hand portable or semiportable extinguishers which are required on their
name plates to be protected from freezing shall not be located where freezing
temperatures may be expected.
(g) The use of dry chemical, stored
pressure, fire extinguishers not fitted
with pressure gauges or indicating devices, manufactured prior to January 1,
1965, may be permitted on motorboats
and other vessels so long as such extinguishers are maintained in good and
serviceable condition. The following
maintenance and inspections are required for such extinguishers:
(1) When the date on the inspection
record tag on the extinguishers shows
that 6 months have elapsed since last
weight check ashore, then such extinguisher is no longer accepted as meeting required maintenance conditions
until reweighed ashore and found to be
in a serviceable condition and within
required weight conditions.
(2) If the weight of the container is 1⁄4
ounce less than that stamped on container, it shall be serviced.
(3) If the outer seal or seals (which
indicate tampering or use when broken) are not intact, the boarding officer or marine inspector will inspect
such extinguisher to see that the frangible disc in neck of the container is
intact; 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 chemical
powder observed in the nozzle or elsewhere on the extinguisher, the container shall be replaced with a new one
and the extinguisher properly serviced
or the extinguisher replaced with another approved extinguisher.
(h) The dry chemical, stored pressure, fire extinguishers without pressure gauges or indicating devices manufactured after January 1, 1965, shall
not be labeled with the marine type
label bed in § 162.028–4 of this title nor
shall such extinguishers manufactured
after January 1, 1965, be carried on
board motorboats or other vessels as
required equipment.
[CGFR 65–50, 30 FR 16653, Dec. 30, 1965, as
amended by CGFR 68–32, 33 FR 5711, Apr. 12,
1968; CGFR 69–18, 34 FR 5723, Mar. 27, 1969;
USCG-2000–6931, 68 FR 22611, Apr. 29, 2003; 69
FR 34068, June 18, 2004]
§ 25.30–15
tems.
Fixed fire-extinguishing sys-
(a) When a fixed fire-extinguishing
system is installed, it must be a type
approved or accepted by the Commandant (CG–521) or the Commanding
Officer, U.S. Coast Guard Marine Safety Center.
(b) If the system is a carbon-dioxide
type, then it must be designed and installed in accordance with subpart 76.15
of part 76 of subchapter H (Passenger
Vessels) of this chapter.
[USCG-2000–6931, 69 FR 34069, June 18, 2004, as
amended by USCG–2009–0702, 74 FR 49225,
Sept. 25, 2009]
§ 25.30–20 Fire extinguishing
ment required.
equip-
(a) Motorboats. (1) All motorboats
shall carry at least the minimum number of hand portable fire extinguishers
set forth in Table 25.30–20(a)(1), except
that motorboats less than 26 feet in
length, propelled by outboard motors
and not carrying passengers for hire,
need not carry such portable fire extinguishers if the construction of such
motorboats will not permit the entrapment of explosive or flammable gases
or vapors.
280
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00290
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 25.30–20
3. Buoyant flotation material.
4. Open slatted flooring.
5. Ice chests.
TABLE 25.30–20(a)(1)
No fixed fire
extinguishing
system in machinery space
Fixed fire
extinguishing
system in machinery space
1
1
2
0
0
1
3
2
Under 16 ............................
16 and over, but under 26
26 and over, but under 40
40 and over, but not over
65 ...................................
1 One
B-11 hand portable fire extinguisher may be substituted for two B-I hand portable fire extinguishers.
(2) The intent of this regulation is illustrated in Figure 25.30–20(a1) where
fire extinguishers are required if any
one or more of the specified conditions
exist, and in Figure 25.30–20(a2) where
specified conditions do not, in themselves, require that fire extinguishers
be carried.
FIGURE 25.30–20(a1)
Fire extinguishers are required if any one
or more of the following conditions exist
(numbers identifying conditions are the
same as those placed in Figure 25.30–20 (a1)):
1. Closed compartment under thwarts and
seats wherein portable fuel tanks may be
stored.
2. Double bottoms not sealed to the hull or
which are not completely filled with flotation material.
3. Close living spaces.
4. Closed stowage compartments in which
combustible or flammable materials are
stowed.
5. Permanently installed fuel tanks.
FIGURE 25.30–20(a2)
The following conditions do not, in themselves, require that fire extinguishers be carried (numbers identifying conditions are the
same as those placed in Figure 25.30–20(a2)):
1. Bait wells.
2. Glove compartments.
(b) Uninspected passenger vessels of at
least 100 gross tons. All uninspected passenger vessels of at least 100 gross tons
must carry onboard hand-portable and
semi-portable fire extinguishers per
Table 76.50–10(a) in § 76.50–10 of this
chapter.
(c) Motor vessels. (1) All motor vessels
shall carry at least the minimum number of hand portable fire extinguishers
set forth in Table 25.30–20(b) (1).
TABLE 25.30–20(b)(1)
Gross tonnage—
Over
Not over
Minimum number of B-II hand portable fire extinguishers
..................
50 .............
100 ...........
500 ...........
1,000 ........
50
100
500
1,000
................
1
2
3
6
8
(2) In addition to the hand portable
fire extinguishers required by paragraph (b)(1) of this section, the following fire-extinguishing equipment
shall be fitted in the machinery space:
(i) One Type B-II hand portable fire
extinguisher shall be carried for each
1,000 B. H. P. of the main engines or
fraction thereof. However, not more
than 6 such extinguishers need be carried.
(ii) On motor vessels of over 300 gross
tons,
either
one
Type
B-III
semiportable fire-extinguishing system
shall be fitted, or alternatively, a fixed
fire-extinguishing system shall be
fitted in the machinery space.
(3) The frame or support of each Type
B-III fire extinguisher required by
paragraph (b)(2)(ii) of this section must
be welded or otherwise permanently attached to a bulkhead or deck.
(4) If an approved semiportable fire
extinguisher has wheels and is not required by this section, it must be securely stowed when not in use to prevent it from rolling out of control
under heavy sea conditions.
(d) Barges carrying passengers. (1)
Every barge of 65 feet in length or less
while carrying passengers when towed
or pushed by a motorboat, motor vessel, or steam vessel shall be fitted with
EC01FE91.067
Length, feet
281
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00291
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
EC01FE91.066
Minimum number of B-1 hand
portable fire extinguishers
required 1
§ 25.30–90
46 CFR Ch. I (10–1–11 Edition)
hand portable fire extinguishers as required by Table 25.30–20(a)(1), depending upon the length of the barge.
(2) Every barge of over 65 feet in
length while carrying passengers when
towed or pushed by a motorboat, motor
vessel, or steam vessel shall be fitted
with hand portable fire extinguishers
as required by Table 25.30–20(b)(1), depending upon the gross tonnage of the
barge.
[CGFR 65–50, 30 FR 16653, Dec. 30, 1965, as
amended by CGD 77–039, 44 FR 34132, June 14,
1979; CGD 97–057, 62 FR 51042, Sept. 30, 1997;
USCG-1999–5040, 67 FR 34776, May 15, 2002]
§ 25.30–90 Vessels contracted for prior
to November 19, 1952.
(a) Vessels contracted for prior to
November 19, 1952, shall meet the applicable provisions of §§ 25.30–5 through
25.30–20 insofar as the number and general type of equipment is concerned.
Existing items of equipment and installations previously approved but not
meeting the applicable requirements
for type approval may be continued in
service so long as they are in good condition. All new installations and replacements shall meet the requirements of §§ 25.30–5 through 25.30–20.
(b) [Reserved]
Subpart 25.35—Backfire Flame
Control
§ 25.35–1
Requirements.
(a) Every gasoline engine installed in
a motorboat or motor vessel after April
25, 1940, except outboard motors, shall
be equipped with an acceptable means
of backfire flame control.
(b) Installations made before November 19, 1952, need not meet the detailed
requirements of this subpart and may
be continued in use as long as they are
serviceable and in good condition. Replacements shall meet the applicable
conditions in this section.
(c) Installations consisting of backfire flame arresters bearing basic Approval Nos. 162.015 or 162.041 or engine
air and fuel induction systems bearing
basic Approval Nos. 162.015 or 162.042
may be continued in use as long as
they are serviceable and in good condition. New installations or replacements
must meet applicable requirements of
subpart 58.10 of this chapter.
[CGFR 65–50, 30 FR 16653, Dec. 30, 1965, as
amended 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 in
paragraphs (d) and (e) of this section,
the construction or decking over of
which is commenced after April 25,
1940, and which use fuel having a
flashpoint of 110 °F., or less, shall have
at least two ventilator ducts, fitted
with cowls or their equivalent, for the
efficient removal of explosive or flammable gases from the bilges of every
engine and fuel tank compartment.
There shall be at least one exhaust
duct installed so as to extend from the
open atmosphere to the lower portion
of the bilge and at least one intake
duct installed so as to extend to a
point at least midway to the bilge or at
least below the level of the carburetor
air intake. The cowls shall be located
and trimmed for maximum effectiveness and in such a manner so as to prevent displaced fumes from being recirculated.
(b) As used in this section, the term
open boats means those motorboats or
motor vessels with all engine and fuel
tank compartments, and other spaces
to which explosive or flammable gases
and vapors from these compartments
may flow, open to the atmosphere and
so arranged as to prevent the entrapment of such gases and vapors within
the vessel.
(c) Boats built after July 31, 1980,
which are manufactured or used primarily for noncommercial use; which
are leased, rented, or chartered to another for the latter’s noncommercial
use; which are engaged in the carriage
of six or fewer passengers; or which are
in compliance with the requirements of
33 CFR part 183 are exempted from
these requirements.
(d) Boats built after July 31, 1978,
which are manufactured or used primarily for noncommercial use; which
are rented, leased, or chartered to another for the latter’s noncommercial
use; or which engage in conveying six
282
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00292
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 25.45–2
or fewer passengers are exempted from
the requirements of paragraph (a) for
fuel tank compartments that:
(1) Contain a permanently installed
fuel tank if each electrical component
is ignition protected in accordance
with 33 CFR 183.410(a); and
(2) Contain fuel tanks that vent to
the outside of the boat.
[CGFR 65–50, 30 FR 16653, Dec. 30, 1965, as
amended 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; CGD
95–028, 62 FR 51196, Sept. 30, 1997]
Subpart 25.45—Cooking, Heating,
and Lighting Systems
§ 25.45–1 Heating and lighting systems
on vessels carrying passengers for
hire.
(a) No fuel may be used in any heating or lighting system on any vessel
carrying passengers for hire without
the approval of Commandant (CG–521),
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 following
requirements:
(1) Containers of solidified alcohol
must be properly secured to a fixed
base.
(2) Fluid alcohol burners, where wet
priming is used, must have—
(i) A catch pan of not less than 3⁄4’’
depth secured inside the frame of the
stove; or
(ii) The metal protection under the
stove flanged up at least 3⁄4’’ to form a
pan.
(c) Heating and lighting systems
using kerosene or fuel oil must meet
the following requirements:
(1) Where wet priming is used, each
system must have—
(i) A catch pan of not less than 3⁄4’’
depth secured inside the frame of the
stove; or
(ii) The metal protection under the
stove flanged up at least 3⁄4’’ to form a
pan.
(2) Fuel tanks must be—
(i) Separated from the stove that
they serve;
(ii) Mounted in a location open to the
atmosphere or mounted inside a compartment that is vented to the atmosphere; and
(iii) Fitted with an outside fill and
vent.
(d) Heating systems using wood or
coal installed after August 9, 1989, shall
be installed in accordance with the
guidelines in chapter 6 of NFPA 302.
[CGD 83–013, 54 FR 6402, Feb. 10, 1989 and CGD
83–013, 55 FR 3959, Feb. 6, 1990; CGD 95–072, 60
FR 50461, Sept. 29, 1995; CGD 96–041, 61 FR
50726, Sept. 27, 1996; USCG–2009–0702, 74 FR
49225, Sept. 25, 2009]
§ 25.45–2 Cooking systems on vessels
carrying passengers for hire.
(a) No fuel may be used in any cooking system on any vessel carrying passengers for hire without the approval
of Commandant (CG–521) except those
listed in § 25.45–1, subject to the requirements stated therein, and liquefied petroleum gas (LPG), or compressed natural gas (CNG).
(b) Cooking systems using LPG or
CNG must meet the following requirements:
(1) The design, installation, and testing of each LPG system must meet
ABYC A-1–78 or chapter 6 of NFPA 302.
(2) The design, installation, and testing of each CNG system must meet
ABYC A-22–78 or chapter 6 of NFPA 302.
(3) Cooking systems using chapter 6
of NFPA 302 as the standard must meet
the following additional requirements:
(i) The storage or use of CNG containers within the accommodation
area, machinery spaces, bilges, or other
enclosed spaces is prohibited.
(ii) LPG or CNG must be odorized in
accordance with ABYC A-1.5.d or A22.5.b, respectively.
(iii) The marking and mounting of
LPG cylinders must be in accordance
with ABYC A-1.6.b.
(iv) LPG cylinders must be of the
vapor withdrawal type as specified in
ABYC A-1.5.b.
(4) Continuous pilot lights or automatic glow plugs are prohibited for an
LPG or CNG installation using ABYC
A-1 or A-22 as the standard.
283
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00293
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 25.50–1
46 CFR Ch. I (10–1–11 Edition)
(5) CNG installations using ABYC A22 as the standard must meet the following additional requirements:
(i) The stowage or use of CNG containers within the accommodation
area, machinery spaces, bilges, or other
enclosed spaces is prohibited.
(ii) The CNG cylinders, regulating
equipment, and safety equipment must
meet the installation, stowage, and
testing requirements specified in paragraph 6–5.12 of NFPA 302.
(iii) The use of stowage of stoves with
attached CNG cylinders is prohibited
as specified in paragraph 6–5.1 of NFPA
302.
(6) If the fuel supply line of an LPG
or CNG system enters an enclosed
space on the vessel, a remote shut-off
valve must be installed that can be operated from a position adjacent to the
appliance. The valve must be located
between the fuel tank and the point
where the fuel supply line enters the
enclosed portion of the vessel. A power
operated valve installed to meet this
requirement must be of a type that will
fail closed.
(7) The following variances from
ABYC A-1.11.b(1) are allowed for CNG:
(i) The storage locker or housing access opening need not be in the top.
(ii) The locker or housing need not be
above the waterline.
(8) The following variances from
NFPA 302 are allowed:
(i) The storage locker or housing for
CNG tank installations need not be
above the waterline as required by
paragraph 6–5.12.1.1(a).
(ii) Ignition protection need not be
provided as required by paragraph 6–
5.4.
NOTE TO § 25.45–2: The ABYC and NFPA
standards referenced in this section require
the posting of placards containing safety
precautions for gas cooking systems.
[CGD 83–013, 54 FR 6402, Feb. 10, 1989, as
amended 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; USCG2000–7790, 65 FR 58458, Sept. 29, 2000; USCG–
2009–0702, 74 FR 49225, Sept. 25, 2009]
Subpart 25.50—Garbage
Retention
§ 25.50–1 Criteria.
Each uninspected vessel must meet
the garbage discharge, waste management plan, and placard requirements of
33 CFR part 151 applicable to the vessel.
NOTE: 33 CFR 151.67 prohibits the discharge
of plastic or garbage mixed with plastic into
the sea or the navigable waters of the United
States. ‘‘Plastic’’ and ‘‘garbage’’ are defined
in 33 CFR 151.05.
[CGD 88–002A, 56 FR 8880, Mar. 1, 1991]
PART 26—OPERATIONS
Subpart 26.01—Application
Sec.
26.01–1
Applicable to all vessels.
Subpart 26.03—Special Operating
Requirements
26.03–1 Safety orientation.
26.03–2 Emergency instructions.
26.03–4 Charts and nautical publications.
26.03–6 Special permit.
26.03–8 Marine Event of National Significance special permits.
26.03–9 Voyage plans for uninspected passenger vessels of at least 100 gross tons.
26.03–10 Signaling light.
Subpart 26.08—Notice and Reporting of
Casualty and Voyage Records
26.08–1 Notice and reporting of casualty and
voyage records.
Subpart 26.15—Boarding
26.15–1
May board at any time.
Subpart 26.20—Exhibition of Coast Guard
Credential
26.20–1
Must be available.
Subpart 26.25 [Reserved]
Subpart 26.30—Work Vest
26.30–1 Approved unicellular plastic foam
work vests.
26.30–5 Use.
26.30–10 Stowage.
AUTHORITY: 46 U.S.C. 3306, 4104, 6101, 8105;
Pub. L. 103–206, 107 Stat. 2439; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.
284
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00294
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 26.03–2
SOURCE: CGFR 65–50, 30 FR 16656, Dec. 30,
1965, unless otherwise noted.
applicable portions of the sample emergency checkoff list which follows:
Subpart 26.01—Application
SAMPLE EMERGENCY CHECKOFF LIST
§ 26.01–1
Applicable to all vessels.
(a) The provisions of this part shall
apply to all vessels except as specifically noted.
Subpart 26.03—Special Operating
Requirements
§ 26.03–1
Safety orientation.
(a) Before getting underway on any
uninspected passenger vessel, the operator or master must ensure that suitable public announcements, instructive
placards, or both, are provided in a
manner that affords all passengers the
opportunity to become acquainted
with:
(1) Stowage locations of life preservers;
(2) Proper method of donning and adjusting life preservers of the type(s)
carried on the vessel;
(3) The type and location of all lifesaving devices carried on the vessel;
and
(4) The location and contents of the
Emergency Checkoff List required by
§ 26.03–2.
(b) Vessels subject to this subpart engaged in tender service at yacht clubs
and marinas, and vessels being demonstrated for a potential purchaser by
a yacht broker, are excluded from the
requirements of § 26.03–1 and § 26.03–2.
[CGD 78–009, 45 FR 11109, Feb. 19, 1980, as
amended by USCG-1999–5040, 67 FR 34776, May
15, 2002]
§ 26.03–2
Emergency instructions.
(a) The operator or master of each
uninspected passenger vessel must ensure that an emergency check-off list
is posted in a prominent and accessible
place to notify the passengers and remind the crew of precautionary measures that may be necessary if an emergency situation occurs.
(b) Except where any part of the
emergency instructions are deemed unnecessary by the Officer in Charge, Marine Inspection, the emergency checkoff list must contain not less than the
Measures to be considered in the event of:
(a) Rough weather at sea or crossing hazardous bars.
b All weathertight and watertight doors,
hatches and airports closed to prevent
taking water aboard.
b Bilges kept dry to prevent loss of stability.
b Passengers seated and evenly distributed.
b All passengers wearing life preservers in
conditions of very rough seas or if about
to cross a bar under hazardous conditions.
b An international distress call and a call to
the Coast Guard over radiotelephone
made if assistance is needed (if radiotelephone 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 into
the water to assist the victim back
aboard.
b Coast Guard and all vessels in the vicinity
notified by radiotelephone (if radiotelephone equipped).
b Search continued until after radiotelephone consultation with the Coast
Guard, 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 the
base of the flames of flammable liquid or
grease fires or water applied to fires in
combustible solids.
b If fire is in machinery spaces, fuel supply
and ventilation shut off and any installed fixed firefighting system discharged.
b Vessel maneuvered to minimize the effect
of wind on the fire.
b Coast Guard and all vessels in the vicinity
notified by radiotelephone of the fire and
vessel
location
(if
radiotelephone
equipped).
b Passengers moved away from fire and
wearing life preservers.
(c) When in the judgment of the cognizant Officer in Charge, Marine Inspection, the operation of any vessel
subject to this section does not present
the hazards listed on the emergency
checkoff list or when any vessel has no
285
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00295
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 26.03–4
46 CFR Ch. I (10–1–11 Edition)
suitable mounting surface, an exclusion from the requirements of § 26.03–
2(a) and (b) is granted by letter.
[CGD 78–009, 45 FR 11109, Feb. 19, 1980, as
amended by USCG-1999–5040, 67 FR 34776, May
15, 2002]
§ 26.03–4 Charts and nautical publications.
(a) As appropriate for the intended
voyage, all vessels must carry adequate
and up-to-date—
(1) Charts of appropriate scale to
make safe navigation possible;
(2) ‘‘U.S. Coast Pilot’’ or similar publication;
(3) Coast Guard light list;
(4) Tide tables; and
(5) Current tables, or a river current
publication issued by the U.S. Army
Corps of Engineers, or a river authority.
(b) As an alternative, you may substitute extracts or copies from the publications in paragraph (a) of this section. This information must be applicable to the area transited.
[USCG-1999–5040, 67 FR 34776, May 15, 2002]
§ 26.03–6 Special permit.
(a) If the owner, operator, or agent
donates the use of an uninspected passenger vessel to a charity for fundraising activities, and the vessel’s activity would subject it to Coast Guard
inspection, the OCMI may issue a special permit to the owner, operator, or
agent for this purpose if, in the opinion
of the OCMI, the vessel can be safely
operated. Each special permit is valid
for only one voyage of a donated vessel,
which is used for a charitable purpose.
Applications are considered and approved on a case-by-case basis.
(b) The criteria of § 176.204 of this
chapter will apply to the issuance of a
special permit. In addition, the owner,
operator, or agent must meet each of
these conditions—
(1) Any charity using a donated vessel must be a bona fide charity or a
non-profit organization qualified under
section 501(c)(3) of the Internal Revenue Code of 1986;
(2) All donations received from the
fundraising must go to the named charity;
(3) The owner, operator, or agent
may obtain a special permit for an in-
dividual vessel not more than four
times in a 12-month period; and
(4) The owner, operator, or agent
must apply to the local OCMI for a special permit prior to the intended voyage, allowing adequate time for processing and approval of the permit.
(c) Nothing in this part may be construed as limiting the OCMI from making such tests and inspections, both
afloat and in dry-dock, that are reasonable and practicable to be assured of
the vessel’s seaworthiness and safety.
[USCG-1999–5040, 67 FR 34776, May 15, 2002]
§ 26.03–8 Marine Event of National Significance special permits.
(a) For a Marine Event of National
Significance, as determined by the
Commandant, U.S. Coast Guard, a vessel may be permitted to engage in excursions while carrying passengers-forhire for the duration of the event.
Event sponsors seeking this determination must submit a written request to
the Commandant (CG–543) at least one
year prior to the event.
(b) The owner, operator, or agent of a
vessel that is registered as a participant in a Marine Event of National
Significance may apply for a special
permit to carry passengers-for-hire for
the duration of the event. The master,
owner, or agent of the vessel must
apply to the Coast Guard OCMI who
has jurisdiction over the vessel’s first
United States port of call. The OCMI
may issue a Form CG-949 ‘‘Permit to
Carry Excursion Party’’ if, in the opinion of the OCMI, the operation can be
undertaken safely. The OCMI may require an inspection prior to issuance of
a special permit to ensure that the vessel can safely operate under the conditions for which the permit is issued.
(c) The permit will state the conditions under which it is issued. These
conditions must include the number of
passengers-for-hire the vessel may
carry, the crew required, the number
and type of lifesaving and safety equipment required, the route and operating
details for which the permit is issued,
and the dates for which the permit will
be valid.
(d) The permit must be displayed in a
location visible to passengers.
(e) The carrying of passengers-forhire during a Marine Event of National
286
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00296
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 26.20–1
Significance must comply with the regulations governing coastwise transportation of passengers under 19 CFR
4.50(b) and 19 CFR 4.80(a).
[USCG-1999–5040, 67 FR 34776, May 15, 2002, as
amended by USCG-2004–18884, 69 FR 58344,
Sept. 30, 2004; USCG–2009–0702, 74 FR 49225,
Sept. 25, 2009]
§ 26.03–9 Voyage plans for uninspected
passenger vessels of at least 100
gross tons.
(a) The master must prepare a voyage plan that includes a crew and passenger
list
before
taking
an
uninspected passenger vessel of at least
100 gross tons on a Great Lake, an
ocean, or an international voyage.
(b) Before departure, the master
must communicate the voyage plan
ashore, either verbally or in writing.
The voyage plan must go to either the
vessel’s normal berthing location or a
representative of the owner or managing operator of the vessel. The master, owner, or operator of the vessel
must make the voyage plan available
to the Coast Guard upon request.
§ 26.15–1
May board at any time.
(a) To facilitate the boarding of vessels by the commissioned, warrant, and
petty officers of the U.S. Coast Guard
in the exercise of their authority,
every uninspected vessel, as defined in
46 U.S.C. 2101(43), if underway and upon
being hailed by a Coast Guard vessel,
must stop immediately and lay to, or
must maneuver in such a way to permit the Coast Guard boarding officer to
come aboard. Failure to permit a Coast
Guard boarding officer to board a vessel or refusal to comply will subject
the operator or owner of the vessel to
the penalties provided in law.
(b) Coast Guard boarding vessels will
be identified by the display of the
Coast Guard ensign as a symbol of authority and the Coast Guard personnel
will be dressed in Coast Guard uniform.
The Coast Guard boarding officer upon
boarding a vessel will identify himself
to the master, owner, or operator and
explain his mission.
[CGFR 65–50, 30 FR 16656, Dec. 30, 1965, as
amended by CGD 72–132R, 38 FR 5750, Mar. 2,
1973; CGD 95–027, 61 FR 25997, May 23, 1996]
[USCG-1999–5040, 67 FR 34777, May 15, 2002]
§ 26.03–10
Subpart 26.15—Boarding
Signaling light.
All vessels of over 150 gross tons,
when engaged on an international voyage, shall be equipped with an efficient
daylight signaling lamp in accordance
with the requirements of subchapter J
(Electrical Engineering) of this chapter.
[CGFR 68–32, 33 FR 5711, Apr. 12, 1968, as
amended by CGD 97–057, 62 FR 51042, Sept. 30,
1997]
Subpart 26.08—Notice and Reporting of Casualty and Voyage Records
AUTHORITY: 46 U.S.C. 6101; 46 CFR 1.46.
§ 26.08–1 Notice and reporting of casualty and voyage records.
Subpart 26.20—Exhibition of Coast
Guard Credential
§ 26.20–1
[USCG-1999–5040, 67 FR 34777, May 15, 2002, as
amended by USCG–2006–24371, 74 FR 11264,
Mar. 16, 2009]
Subpart 26.25 [Reserved]
The requirements for providing notice and reporting of marine casualties
and for retaining voyage records are
contained in part 4 of this chapter.
[CGD 84–099, 52 FR 47535, Dec. 14, 1987; 53 FR
13117, Apr. 21, 1988]
Must be available.
If a person operates a vessel that carries one or more passengers-for-hire, he
or she is required to have a valid Coast
Guard license or MMC officer endorsement suitable for the vessel’s route and
service. He or she must have the license or MMC in his or her possession
and must produce it immediately upon
the request of a Coast Guard boarding
officer.
Subpart 26.30—Work Vest
SOURCE: CGFR 68–65, 33 FR 19982, Dec. 28,
1968, unless otherwise noted.
287
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00297
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 26.30–1
46 CFR Ch. I (10–1–11 Edition)
§ 26.30–1 Approved unicellular plastic
foam work vests.
Subpart C—Fire-Suppression Equipment for
Towing Vessels
(a) Buoyant work vests carried under
the permissive authority of this subpart shall be of an approved type, and
shall be constructed, listed, and labeled
in accordance with subpart 160.053 of
subchapter Q (Specifications) of this
chapter.
27.301 What are the requirements for fire
pumps, fire mains, and fire hoses on towing vessels?
27.303 What are the requirements for fireextinguishing equipment on towing vessels in inland service, and on towing vessels in ocean or coastal service whose
construction was contracted for before
August 27, 2003?
27.305 What are the requirements for fireextinguishing equipment on towing vessels in ocean or coastal service whose
construction was contracted for on or
after August 27, 2003?
§ 26.30–5
Use.
(a) Approved buoyant work vests are
considered to be items of safety apparel and may be carried aboard vessels
to be worn by crew members when
working near or over the water under
favorable working conditions.
(b) When carried, approved buoyant
work vests shall not be accepted in lieu
of any portion of the required number
of approved lifesaving appliances required by § 25.25–10 of this subchapter.
§ 26.30–10
Stowage.
(a) The approved buoyant work vests
shall be stowed separately from the
regular stowage of required lifesaving
equipment.
PART 27—TOWING VESSELS
Subpart A—General Provisions for Fire-Protection Measures and Fire-Suppression
Equipment on Towing Vessels
Sec.
27.100 What towing vessels does this part affect?
27.101 Definitions.
27.102 Incorporation by reference.
Subpart B—Fire-Protection Measures for
Towing Vessels
27.201 What are the requirements for general alarms on towing vessels?
27.203 What are the requirements for fire detection on towing vessels?
27.205 What are the requirements for internal communication systems on towing
vessels?
27.207 What are the requirements for fuel
shut-offs on towing vessels?
27.209 What are the requirements for training crews to respond to fires?
27.211 What are the specifications for fuel
systems on towing vessels whose construction was contracted for on or after
January 18, 2000?
AUTHORITY: 46 U.S.C. 3306, 4102 (as amended
by Pub. L. 104–324, 110 Stat. 3901); Department of Homeland Security Delegation No.
0170.1.
SOURCE: USCG-2000–6931, 69 FR 34069, June
18, 2004, unless otherwise noted.
Subpart A—General Provisions for
Fire-Protection Measures and
Fire-Suppression
Equipment
on Towing Vessels
§ 27.100 What towing vessels does this
part affect?
(a) You must comply with this part if
your towing vessel operates on the navigable waters of the United States, unless your vessel is one exempt under
paragraph (b) of this section.
(b) This part does not apply to you if
your towing vessel is—
(1) Used solely for any of the following services or any combination of
these services—
(i) Within a limited geographic area,
such as a fleeting-area for barges or a
commercial facility, and used for restricted service, such as making up or
breaking up larger tows;
(ii) For harbor-assist;
(iii) For assistance towing as defined
by 46 CFR 10.103;
(iv) For response to emergency or
pollution;
(2) A public vessel that is both
owned, or demise chartered, and operated by the United States Government
or by a government of a foreign country; and that is not engaged in commercial service;
(3) A foreign vessel engaged in innocent passage; or
288
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00298
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 27.102
(4) Exempted by the Captain of the
Port (COTP).
(c) If you think your towing vessel
should be exempt from these requirements for a specified route, you should
submit a written request to the appropriate COTP. The COTP will provide
you with a written response granting
or denying your request. The COTP
will consider the extent to which unsafe conditions would result if your
vessel lost propulsion because of a fire
in the engine room.
(d) You must test and maintain all of
the equipment required by this part in
accordance with the attached nameplate or manufacturer’s approved design manual.
§ 27.101
Definitions.
As used in this part—
Accommodation includes any:
(1) Messroom.
(2) Lounge.
(3) Sitting area.
(4) Recreation room.
(5) Quarters.
(6) Toilet space.
(7) Shower room.
(8) Galley.
(9) Berthing facility.
(10) Clothing-changing room.
Engine room means the enclosed area
where any main-propulsion engine is
located. It comprises all deck levels
within that area.
Fixed fire-extinguishing system means:
(1) A carbon-dioxide system that satisfies 46 CFR subpart 76.15 and is approved by the Commandant;
(2) A manually-operated clean-agent
system that satisfies the National Fire
Protection Association (NFPA) Standard 2001 (incorporated by reference in
§ 27.102) and is approved by the Commandant; or
(3) A manually-operated water-mist
system that satisfies NFPA Standard
750 (incorporated by reference in
§ 27.102) and is approved by the Commandant.
Fleeting-area means a separate location where individual barges are
moored or assembled to make a tow.
The barges are not in transport, but
are temporarily marshaled, waiting for
pickup by different vessels that will
transport them to various destinations.
A fleeting-area is a limited geographic
area.
Harbor-assist means docking and
undocking ships.
Limited geographic area means a local
area of operation, usually within a single harbor or port. The local Captain of
the Port (COTP) determines the definition of local geographic area for each
zone.
Operating station means the principal
steering station on the vessel, from
which the vessel is normally navigated.
Towing vessel means a commercial
vessel engaged in, or intending to engage in, pulling, pushing, or hauling
alongside, or any combination of pulling, pushing, or hauling alongside.
Towing vessel in inland service means a
towing vessel that is not in ocean or
coastal service.
Towing vessel in ocean or coastal service means a towing vessel that operates
beyond the baseline of the U.S. territorial sea.
We means the United States Coast
Guard.
Work space means any area on the
vessel where the crew could be present
while on duty and performing their assigned tasks.
You means the owner of a towing vessel, unless otherwise specified.
§ 27.102 Incorporation by reference.
(a) Certain material is incorporated
by reference into this part with the approval of the Director of the Federal
Register—in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. To enforce
any edition other than that specified in
paragraph (b) of this section, the Coast
Guard must publish notice of the
change in the FEDERAL REGISTER and
make the material available for inspection. All approved material is available
at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–
521), 21002nd St. SW., Stop 7126, Washington, DC 20593–7126, or from the
sources indicated in paragraph (b) of
this section, or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA, call
202–741–6030,
or
go
to:
http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html.
289
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00299
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 27.201
46 CFR Ch. I (10–1–11 Edition)
(b) The material approved for incorporation by reference in this part and
the sections affected are:
American Boat and Yacht Council
(ABYC), 613 Third Street, Suite 10,
Annapolis, MD 21403
H–25–1986—Portable Fuel Systems for Flammable Liquids .....................................
H–33–1989—Diesel Fuel Systems ...................................
National Fire Protection Association
(NFPA), 1 Batterymarch Park,
Quincy, MA 02269–9101
NFPA 302–1998—Fire Protection Standard for Pleasure,
and Commercial Motorcraft
NFPA
750—Standard
on
Water Mist Fire Protection
Systems, 2003 edition ..........
NFPA
2001—Standard
on
Clean Agent Fire Extinguishing Systems, 2000 edition .....................................
Society of Automotive Engineers
(SAE), 400 Commonwealth Drive,
Warrendale, PA 15096–0001
SAE
J1475–1984—Hydraulic
Hose Fitting for Marine Applications ...........................
SAE J1942–1989—Hose and
Hose Assemblies for Marine
Applications .......................
27.211
27.211
27.211
27.101
27.101
27.211
27.211
[USCG-2000–6931, 69 FR 34069, June 18, 2004, as
amended by USCG–2009–0702, 74 FR 49226,
Sept. 25, 2009; USCG–2010–0759, 75 FR 60002,
Sept. 29, 2010]
Subpart B—Fire-Protection
Measures for Towing Vessels
§ 27.201 What are the requirements for
general alarms on towing vessels?
(a) You must ensure that your vessel
is fitted with a general alarm that:
(1) Has a contact-maker at the operating station that can notify persons
on board in the event of an emergency.
(2) Is capable of notifying persons in
any accommodation, work space, and
the engine room.
(3) Has installed, in the engine room
and any other area where background
noise makes a general alarm hard to
hear, a supplemental flashing red light
that is identified with a sign that
reads:
Attention General Alarm—When Alarm
Sounds or Flashes Go to Your Station.
(4) Is tested at least once each week.
(b) You or the operator may use a
public-address (PA) system or other
means of alerting all persons on your
towing vessel instead of a general
alarm, if the system—
(1) Is capable of notifying persons in
any accommodation, work space, and
the engine room;
(2) Is tested at least once each week;
(3) Can be activated from the operating station; and
(4) Complies with paragraph (a)(3) of
this section.
§ 27.203 What are the requirements for
fire detection on towing vessels?
You must have a fire-detection system installed on your vessel to detect
engine-room fires. Any owner of a vessel whose construction was contracted
for before January 18, 2000, may use an
existing engine-room-monitoring system (with fire-detection capability) instead of a fire-detection system, if the
monitoring system is operable and
complies with this section. You must
ensure that—
(a) Each detector, each control panel,
and each fire alarm are approved under
46 CFR subpart 161.002 or listed by an
independent testing laboratory; except
that, if you use an existing engineroom-monitoring system (with fire-detection capability), each detector must
be listed by an independent testing laboratory;
(b) The system is installed, tested,
and maintained in line with the manufacturer’s design manual;
(c) The system is arranged and installed so a fire in the engine room
automatically sets off alarms on a control panel at the operating station;
(d) The control panel includes—
(1) A power-available light;
(2) Both an audible alarm to notify
crew at the operating station of fire
and visible alarms to identify the zone
or zones of origin of the fire;
(3) A means to silence the audible
alarm while maintaining indication by
the visible alarms;
(4) A circuit-fault detector testswitch; and
(5) Labels for all switches and indicator lights, identifying their functions;
(e) The system draws power from two
sources, switchover from the primary
290
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00300
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 27.209
source to the secondary source being
either manual or automatic;
(f) The system serves no other purpose, unless it is an engine-room-monitoring system (with fire-detection capability) installed on a vessel whose
construction was contracted for before
January 18, 2000; and
(g) The system is certified by a Registered Professional Engineer, or by a
recognized classification society (under
46 CFR part 8), to comply with paragraphs (a) through (f) of this section.
§ 27.205 What are the requirements for
internal communication systems on
towing vessels?
(a) You must ensure that your vessel
is fitted with a communication system
between the engine room and the operating station that—
(1) Consists of either fixed or portable
equipment, such as a sound-powered
telephone, portable radios, or other reliable method of voice communication,
with a main or reserve power supply
that is independent of the electrical
system on your towing vessel; and
(2) Provides two-way voice communication and calling between the operating station and either—
(i) The engine room; or
(ii) A location immediately adjacent
to an exit from the engine room.
(b) Twin-screw vessels with operating-station control for both engines
are not required to have internal communication systems.
(c) When the operating-station’s engine controls and the access to the engine room are within 3 meters (10 feet)
of each other and allow unobstructed
visual contact between them, direct
voice communication is acceptable instead of a communication system.
§ 27.207 What are the requirements for
fuel shut-offs on towing vessels?
To stop the flow of fuel in the event
of a break in the fuel line, you must
have a positive, remote fuel-shut-off
valve fitted on any fuel line that supplies fuel directly to an engine or generator. The valve must be near the
source of supply (for instance, at the
day tank, storage tank, or fuel-distribution manifold). Furthermore, it
must be operable from a safe place outside the space where the valve is in-
stalled. Each remote valve control
should be marked in clearly legible letters, at least 25 millimeters (1 inch)
high, indicating the purpose of the
valve and the way to operate it.
§ 27.209 What are the requirements for
training crews to respond to fires?
(a) Drills and instruction. The master
or person in charge of a vessel must ensure that each crewmember participates in drills and receives instruction
at least once each month. The instruction may coincide with the drills, but
need not. You must ensure that all
crewmembers are familiar with their
fire-fighting duties, and, specifically,
with the following contingencies:
(1) Fighting a fire in the engine room
and elsewhere on board the vessel, including how to—
(i) Operate all of the fire-extinguishing equipment on board the vessel;
(ii) Stop any mechanical ventilation
system for the engine room and effectively seal all natural openings to the
space to prevent leakage of the extinguishing agent; and
(iii) Operate the fuel shut-off for the
engine room.
(2) Activating the general alarm.
(3) Reporting inoperative alarm systems and fire-detection systems.
(4) Putting on a fireman’s outfit and
a self-contained breathing apparatus, if
the vessel is so equipped.
(b) Alternative form of instruction. The
master or person in charge of a vessel
may substitute, for the instruction required in paragraph (a) of this section,
the viewing of video training materials
concerning at least the contingencies
listed in paragraph (a), followed by a
discussion led by someone familiar
with these contingencies. This instruction may occur either on board or off
the vessel.
(c) Participation in drills. Drills must
take place on board the vessel, as if
there were an actual emergency. They
must include—
(1)
Participation
by
all
crewmembers;
(2) Breaking out and using, or simulating the use of, emergency equipment;
(3) Testing of all alarm and detection
systems; and
291
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00301
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 27.211
46 CFR Ch. I (10–1–11 Edition)
(4) Putting on protective clothing (by
at least one person), if the vessel is so
equipped.
(d) Safety orientation. The master or
person in charge of a vessel must ensure that each crewmember who has
not (i) participated in the drills required by paragraph (a) of this section,
and (ii) received the instruction required by that paragraph, receives a
safety orientation within 24 hours of
reporting for duty.
(e) The safety orientation must cover
the particular contingencies listed in
paragraph (a) of this section.
§ 27.211 What are the specifications for
fuel systems on towing vessels
whose construction was contracted
for on or after January 18, 2000?
(a) You must ensure that, except for
the components of an outboard engine
or of a portable bilge pump or fire
pump, each fuel system installed on
board the vessel complies with this section.
(b) Portable fuel systems. The vessel
must not incorporate or carry portable
fuel systems, including portable tanks
and related fuel lines and accessories,
except when used for outboard engines
or when permanently attached to portable equipment such as portable bilge
pumps or fire pumps. The design, construction, and stowage of portable
tanks and related fuel lines and accessories must comply with ABYC H–25
(incorporated by reference in § 27.102).
(c) Fuel restrictions. Neither you nor
the master or person in charge may use
fuel other than bunker C or diesel, except for outboard engines, or where
otherwise accepted by the Commandant (CG–521). An installation that
uses bunker C, heavy fuel oil (HFO), or
any fuel that requires pre-heating,
must comply with subchapter F of this
chapter.
(d) Vent pipes for integral fuel tanks.
Each integral fuel tank must meet the
requirements of this paragraph as follows:
(1) Each tank must have a vent that
connects to the highest point of the
tank, discharges on a weather deck
through a bend of 180 degrees (3.14 radians), and is fitted with a 30-by-30-mesh
corrosion-resistant flame screen. Vents
from two or more tanks may combine
in a system that discharges on a
weather deck.
(2) The net cross-sectional area of the
vent pipe for the tank must be—
(i) Not less than 312.3 square millimeters (0.484 square inches) for any tank
filled by gravity; or
(ii) Not less than that of the fill pipe
for any tank filled under pressure.
(e) Fuel piping. Except as permitted
in paragraphs (e)(1), (2), and (3) of this
section, each fuel line must be seamless and made of steel, annealed copper, nickel-copper, or copper-nickel.
Each fuel line must have a wall thickness of not less than 0.9 millimeters
(0.035 inch) except that—
(1) Aluminum piping is acceptable on
an aluminum-hull vessel if it is installed outside the engine room and is
at least Schedule 80 in thickness; and
(2) Nonmetallic flexible hose is acceptable if it—
(i) Is used in lengths of not more
than 0.76 meters (30 inches);
(ii) Is visible and easily accessible;
(iii) Does not penetrate a watertight
bulkhead;
(iv) Is fabricated with an inner tube
and a cover of synthetic rubber or
other suitable material reinforced with
wire braid; and
(v) Either,—
(A) If it is designed for use with compression fittings, is fitted with suitable, corrosion-resistant, compression
fittings, or fittings compliant with
SAE J1475 (incorporated by reference
in § 27.102); or,
(B) If it is designed for use with
clamps, is installed with two clamps at
each end of the hose. Clamps must not
rely on spring tension and must be installed beyond the bead or flare or over
the serrations of the mating spud, pipe,
or hose fitting. Hose complying with
SAE J1475 is also acceptable.
(3) Nonmetallic flexible hose complying with SAE J1942 (incorporated by
reference in § 27.102) is also acceptable.
(f) A towing vessel of less than 24 meters (79 feet) in length may comply
with any of the following standards for
fuel systems rather than with those of
paragraph (e) of this section:
(1) ABYC H–33 (incorporated by reference in § 27.102).
(2) Chapter 5 of NFPA 302 (incorporated by reference in § 27.102).
292
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00302
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 27.305
(3) 33 CFR chapter I, subchapter S
(Boating Safety).
[USCG-2000–6931, 69 FR 34069, June 18, 2004, as
amended by USCG–2009–0702, 74 FR 49226,
Sept. 25, 2009]
Subpart C—Fire-Suppression
Equipment for Towing Vessels
§ 27.301 What are the requirements for
fire pumps, fire mains, and fire
hoses on towing vessels?
By April 29, 2005, you must provide
for your towing vessel either a selfpriming, power-driven, fixed fire-pump,
a fire main, and hoses and nozzles in
accordance
with
paragraphs
(a)
through (c) of this section; or a portable pump, and hoses and nozzles, in
accordance with paragraphs (d) and (e)
of this section.
(a) The fixed fire-pump must be capable of—
(1) Delivering water simultaneously
from the two highest hydrants, or from
both branches of the fitting if the highest hydrant has a Siamese fitting, at a
pitot-tube pressure of at least 344 kPa
(50 psi) and a flow rate of at least 300
lpm (80 gpm); and
(2) Being energized remotely from a
safe place outside the engine room and
from the pump.
(b) All valves necessary for the operation of the fire main must be kept in
the open position or must be capable of
operation from the same place where
the remote fire pump contol is located.
(c) The fire main must have a sufficient number of fire hydrants with attached hose to reach any part of the
machinery space using a single length
of fire hose.
(d) The hose must be lined commercial fire-hose, at least 40mm (1.5
inches) in diameter, 15 meters (50 feet)
in length, and fitted with a nozzle
made of corrosion-resistant material
capable of providing a solid stream and
a spray pattern.
(e) The portable fire pump must be
self-priming and power-driven, with—
(1) A minimum capacity of at least
300 lpm (80 gpm) at a discharge gauge
pressure of not less than 414 kPa (60
psi), measured at the pump discharge;
(2) A sufficient amount of lined commercial fire hose at least 40mm (1.5
inches) in diameter and 15 meters (50
feet) in length, immediately available
to attach to it so that a stream of
water will reach any part of the vessel;
and
(3) A nozzle made of corrosion-resistant material capable of providing a
solid stream and a spray pattern.
(f) You must stow the pump with its
hose and nozzle outside of the machinery space.
§ 27.303 What are the requirements for
fire-extinguishing equipment on
towing vessels in inland service,
and on towing vessels in ocean or
coastal service whose construction
was contracted for before August
27, 2003?
You must carry on your towing vessel both—
(a) The minimum number of handportable fire extinguishers required by
subpart 25.30 of this part; and
(b) By April 29, 2005, either—
(1) An approved B-V semi-portable
fire-extinguishing system to protect
the engine room; or
(2) A fixed fire-extinguishing system
installed to protect the engine room of
the vessel.
§ 27.305 What are the requirements for
fire-extinguishing equipment on
towing vessels in ocean or coastal
service whose construction was
contracted for on or after August
27, 2003?
(a) You must carry on your towing
vessel both—
(1) The minimum number of handportable fire extinguishers required by
subpart 25.30 of this part; and
(2) An approved B-V semi-portable
fire-extinguishing system to protect
the engine room.
(b) You must have a fixed fire-extinguishing system installed to protect
the engine room of the vessel.
(c) This section does not apply to any
towing vessel pushing a barge ahead, or
hauling a barge alongside, when the
barge’s coastwise or Great Lakes route
is restricted (as indicated on its certificate of inspection), so that the barge
may operate ‘‘in fair weather only,
within 12 miles of shore,’’ or with
words to that effect.
293
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00303
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Pt. 28
46 CFR Ch. I (10–1–11 Edition)
PART
28—REQUIREMENTS
FOR
COMMERCIAL FISHING INDUSTRY
VESSELS
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.
28.60 Exemption letter.
28.65 Termination of unsafe operations.
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 requirements.
28.110 Life preservers or other personal flotation 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 Documented
Vessels That Operate Beyond the
Boundary Lines or With More Than 16
Individuals On Board, or for Fish Tender
Vessels 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 orientation.
28.275 Acceptance criteria for instructors
and course curricula.
Subpart D—Requirements for Vessels
Which Have Their Keel Laid or Are at a
Similar Stage of Construction on or
After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate
With More Than 16 Individuals on
Board
28.300 Applicability and general requirements.
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 individuals 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.
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.
28.520–28.525 [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 integrity.
28.565 Water on deck.
28.570 Intact righting energy.
28.575 Severe wind and roll.
28.580 Unintentional flooding.
294
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00304
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
28.590–28.630
§ 28.30
[Reserved]
Subpart F—Fish Processing Vessels
28.700 Applicability.
28.710 Examination and certification
compliance.
28.720 Survey and classification.
of
Subpart G—Aleutian Trade Act Vessels
28.800 Applicability and general requirements.
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, ventilation, 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 autopilot.
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, 4505, 4506,
6104, 10603; Department of Homeland Security Delegation No. 0170.1.
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 prescribed by the Commandant of the
Coast Guard, pursuant to a delegation
of authority by the Secretary of Homeland Security set forth in Department
of Homeland Security Delegation No.
0170.1, to carry out the intent and purpose of 46 U.S.C. 3316 which authorizes
the Secretary to rely on reports, documents, and certificates issued by the
American Bureau of Shipping (ABS) or
a similar United States classification
society, or an agent of the ABS or
similar society; sections 4502 and 4506
which require safety equipment and
operational stability for certain vessels
in the commercial fishing industry;
section 6104 which requires the Secretary of Transportation to compile
statistics concerning marine casualties
compiled from vessel insurers and to
delegate that authority to compile statistics from insurers to a qualified person; and section 10603 which requires
seamen on commercial fishing industry
vessels to give notice of illness, injury,
or disability to their employer.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended by USCG–2010–0759, 75 FR 60002,
Sept. 29, 2010]
§ 28.20
OMB control numbers.
(a) This section collects and displays
the control numbers assigned to information collection and recordkeeping
requirements in this part by the Office
of Management and Budget (OMB) pursuant to the Paperwork Reduction Act
of 1980 (44 U.S.C. 3501 et seq.). This section complies with the requirements of
44 U.S.C. 3507(f) which requires that
agencies display a current control
number assigned by the Director of the
OMB for each approved agency information collection requirement.
(b) Display.
46 CFR part or section where identified or described
Current OMB
control No.
§ 28.80 .............................................................
§ 28.90 .............................................................
§ 28.135 ...........................................................
§ 28.165 ...........................................................
§ 28.530 ...........................................................
§ 28.710 ...........................................................
§ 28.720 ...........................................................
1625–0061
1625–0061
1625–0061
1625–0061
1625–0061
1625–0061
1625–0061
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended by USCG-2004–18884, 69 FR 58344,
Sept. 30, 2004]
§ 28.30 Applicability.
(a) Except as provided in paragraph
(b) of this section, this part is applicable to all United States flag vessels not
inspected under this chapter that are
commercial fishing, fish processing, or
fish tender vessels. This includes vessels documented under the provisions
of subchapter G of this chapter and
vessels numbered by a State or the
Coast Guard under the provisions of 33
295
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00305
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.40
46 CFR Ch. I (10–1–11 Edition)
CFR subchapter S. Certain regulations
in this part apply only to limited categories of vessels. Specific applicability statements are provided at the
beginning of those regulations.
(b) This part does not apply to a
small boat or auxiliary craft that is deployed from a fishing industry vessel
for the purpose of handling fishing
gear.
[CGD
49822,
18884,
18884,
88–079, 56 FR 40393, Aug. 14, 1991; 56 FR
Oct. 1, 1991, as amended by USCG-2004–
69 FR 58344, Sept. 30, 2004; USCG–2004–
69 FR 68089, Nov. 23, 2004]
§ 28.40 Incorporation by reference.
(a) Certain material is incorporated
by reference into this part with the approval of the Director of the Federal
Register in accordance with 5 U.S.C.
552(a). To enforce any edition other
than that specified in paragraph (b) of
this section, the Coast Guard must
publish notice of change in the FEDERAL REGISTER and make the material
available to the public. All approved
material is on file at the U.S. Coast
Guard, Office of Design and Engineering Standards (CG–521), 2100 2nd St.
SW., Stop 7126, Washington, DC 20593–
7126 or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or
go
to:
http://www.archives.gov/
federallregister/
codeloflfederallregulations/
ibrllocations.html. All material is
available from the sources indicated in
paragraph (b) of this section.
(b) The material approved for incorporation by reference in this part and
the sections affected are:
American Boat and Yacht Council (ABYC),
613 Third Street, Suite 10, Annapolis, MD 21403
E–1–1972—Bonding of Direct Current Systems ......................
E–8–1985—Alternating Current (AC) Electrical Systems on
Boats.
E–9–1981—Recommended Practices and Standards Covering
Direct Current (DC) Electrical Systems on Boats.
H–2–1989—Ventilation of Boats Using Gasoline ....................
H–25–1986—Portable Fuel Systems for Flammable Liquids ..
H–33–1989—Diesel Fuel Systems ............................................
P–1–1986—Installation of Exhaust Systems for Propulsion
and Auxiliary Engines.
American Society for Testing and Materials (ASTM),
100 Barr Harbor Drive, West Conshohocken, PA 19428–2959.
ASTM F 1321–92, Standard Guide for Conducting a Stability
Test (Lightweight Survey and Inclining Experiment) to
Determine the Light Ship Displacement and Centers of
Gravity of a Vessel.
International Maritime Organization (IMO),
Publications Section, 4 Albert Embankment, London SE1 7SR,
United Kingdom:
Resolution A.658(16) ‘‘Use and Fitting of Retro-Reflective
Materials on Life-Saving Appliances’’, dated November
1989.
National Fire Protection Association (NFPA),
1 Batterymarch Park, Quincy, MA 02269:
70–1990—National Electrical Code (also known as ANSI/
NFPA 70–1990).
302–1989—Pleasure and Commercial Motor Craft ..................
17–1985—Dry Chemical Extinguishing Systems .....................
17A-1986—Wet Chemical Extinguishing Systems ..................
Society of Automotive Engineers (SAE),
400 Commonwealth Drive, Warrendale, PA 15096;
SAE J 1475–1984—Hydraulic Hose Fitting for Marine Applications.
SAE J 1942–1989—Hose and Hose Assemblies for Marine Applications.
Underwriters Laboratories, Inc. (UL),
12 Laboratory Drive, Research Triangle Park, NC 27709–3995
UL 217–1985—Single and Multiple Station Smoke Detectors
28.345
28.345
28.345
28.340
28.335
28.335
28.380
28.535
28.135
28.350; 28.370; 28.865
28.335; 28.340; 28.345
28.330
28.330
28.880
28.405
28.325; 28.830
296
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00306
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.50
UL 710–1990—Exhaust
Equipment.
Hoods
for
Commercial
Cooking
28.330
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 95–072, 60 FR 50461, Sept. 29, 1995;
CGD 94–025, 60 FR 54444, Oct. 24, 1995; CGD 96–041, 61 FR 50726, Sept. 27, 1996; CGD 97–057, 62
FR 51042, Sept. 30, 1997; USCG-1999–5151, 64 FR 67176, Dec. 1, 1999; USCG–2009–0702, 74 FR 49226,
Sept. 25, 2009; USCG–2010–0759, 75 FR 60002, Sept. 29, 2010]
§ 28.50 Definition of terms used in this
part.
Accepted organization means an organization which has been designated by
the Commandant for the purpose of examining commercial fishing industry
vessels under the provisions of § 28.73.
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.
Alcohol concentration means either
grams of alcohol per 100 milliliters of
blood, or grams of alcohol per 210 liters
of breath.
Aleutian trade means the transportation of cargo, including fishery related products, for hire on board a fish
tender vessel to or from a place in
Alaska west of 153 degrees West longitude and east of 172 degrees East longitude if that place receives weekly
common carrier service by water, to or
from a place in the United States, except a place in Alaska.
Approved means approved by the
Commandant unless otherwise stated.
Auxiliary Craft means a vessel that is
carried onboard a commercial fishing
vessel and is normally used to support
fishing operations.
Boundary lines means the lines described in part 7 of this chapter. In general, they follow the trend of the seaward high water shorelines and cross
entrances to small bays, inlets, and
rivers. In some areas, they are along
the 12-mile line that marks the seaward limits of the territorial sea and,
in other areas, they come ashore.
Buoyant Apparatus means a buoyant
apparatus approved by the Commandant.
Coast Guard Boarding Officer means a
commissioned, warrant, or petty officer of the Coast Guard having authority to board any vessel under the Act
of August 4, 1949, 63 Stat. 502, as
amended (14 U.S.C. 89).
Coast Guard Representative means a
person employed at the cognizant U.S.
Coast Guard Sector Office or Marine
Inspection Office, or an accepted organization, or a similarly qualified organization approved in examining commercial fishing industry vessels. Contact Office of Vessel Activities, Fishing
Vessels Division, Commandant (CG5433), U.S. Coast Guard, 2100 2nd St.
SW., Stop 7581, Washington, DC 20593–
7581 for a current list of accepted organizations or similarly qualified organizations.
Coastal Service Pack means equipment
provided in liferafts approved by the
Commandant for coastal service.
Coastal waters means coastal waters
as defined in 33 CFR 175.105.
Coastline means the territorial sea
baseline as defined in 33 CFR 2.20.
Cold water means water where the
monthly mean low water temperature
is normally 59 °F (15 °C) or less.
Commandant means the Commandant
of the Coast Guard or an authorized
representative of the Commandant of
the Coast Guard.
Commercial fishing industry vessel
means a fishing vessel, fish tender vessel, or a fish processing vessel.
Currently corrected means corrected
with changes contained in all Notice to
Mariners published by the Defense
Mapping Agency Hydrographic/Topographic Center.
Custom engineered means, when referring to a fixed gas fire extinguishing
system, a system that is designed for a
specific space requiring individual calculations for the extinguishing agent
volume, flow rate, and piping, among
other factors, for the space.
District Commander means an officer
of the Coast Guard designated as such
297
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00307
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.50
46 CFR Ch. I (10–1–11 Edition)
by the Commandant to command all
Coast Guard activities within a district.
Documented vessel means a vessel for
which a Certificate of Documentation
has been issued under the provisions of
46 CFR part 67.
Equipment Packs means equipment
provided in liferafts approved by the
Commandant.
Especially hazardous condition means
a condition which may be life threatening or lead to serious injury if continued.
Fish means finfish, mollusks, crustaceans, and all other forms of marine
animal and plant life, except marine
mammals and birds.
Fish processing vessel means a vessel
that commercially prepares fish or fish
products other than by gutting, decapitating, gilling, skinning, shucking,
icing, freezing, or brine chilling.
Fish tender vessel means a vessel that
commercially supplies, stores, refrigerates, or transports fish, fish products, or materials directly related to
fishing or the preparation of fish to or
from a fishing, fish processing or fish
tender vessel or a fish processing facility.
Fishing vessel means a vessel that
commercially engages in the catching,
taking, or harvesting of fish or an activity that can reasonably be expected
to result in the catching, taking, or
harvesting of fish.
Fishing Vessel Drill Conductor means
an individual who meets the training
requirements of 46 CFR 28.270(c) for
conducting drills and providing instruction once a month to each individual on board those vessels to which
Subpart C of this section applies.
Fishing Vessel Safety Instructor means
an individual or organization that has
been accepted by the local Officer-inCharge, Marine Inspection to train
Fishing Vessel Drill Conductors to conduct drills and provide instruction on
those vessels to which subpart C of this
part applies.
Gasoline as used in this part includes
gasoline-alcohol blends and any other
fuel having a flash point of 110 °F (43.3
°C) or lower.
Inflatable Buoyant Apparatus means
an inflatable buoyant apparatus approved by the Commandant.
Inflatable Liferaft means an inflatable
liferaft that is approved by the Commandant.
Length means the length listed on the
vessel’s Certificate of Documentation
or Certificate of Number.
Lifeboat means a lifeboat approved by
the Commandant.
Liferaft means a liferaft approved by
the Commandant.
Major conversion means a conversion
of a vessel that—
(1) Substantially changes the dimensions or carrying capacity of the vessel;
(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, as
determined by the Commandant.
Mile means a nautical mile.
North Pacific Area means all waters of
the North Pacific Ocean and Bering
Sea north of 48°30′ north latitude including waters in contiguous bays, inlets, rivers, and sounds.
Officer in Charge, Marine Inspection
(OCMI) means an officer of the Coast
Guard who commands a Marine Inspection Zone described in 33 CFR part 3 or
an authorized representative of that officer.
Open to the atmosphere means a space
that has at least 15 square inches (9680
square millimeters) of open area directly exposed to the atmosphere for
each cubic foot (0.0283 cubic meters) of
net volume of the space.
Operating station means the principal
steering station on the vessel from
which the vessel is normally navigated.
Pre-engineered means, when referring
to a fixed gas fire extinguishing system, a system that is designed and
tested to be suitable for installation as
a complete unit in a space of a set volume, without modification, regardless
of the vessel on which installed.
Similarly qualified organization means
an organization which has been designated by the Commandant for the
purpose of classing or examining commercial fishing industry vessels under
the provisions of § 28.76.
Switchboard means an electrical
panel which receives power from a generator, battery, or other electrical
298
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00308
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.65
power source and distributes power directly or indirectly to all equipment
supplied by the power source.
Warm water means water where the
monthly mean low water temperature
is normally more than 59 °F. (15° C.).
Watertight means designed and constructed to withstand a static head of
water without any leakage, except that
‘‘watertight’’ for the purposes of electrical equipment means enclosed so
that equipment does not leak when a
stream of water from a hose with a
nozzle one inch (25.4 millimeters) in diameter that delivers at least 65 gallons
(246 liters) per minute is played on the
enclosure from any direction from a
distance of 10 feet (3 meters) for five
minutes.
Weather deck means the uppermost
deck exposed to the weather to which a
weathertight sideshell extends.
Weathertight means that water will
not penetrate into the unit in any sea
condition.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended by CGD 94–025, 60 FR 54444, Oct. 24,
1995; CGD 96–041, 61 FR 50726, Sept. 27, 1996;
CGD 96–046, 61 FR 57272, Nov. 5, 1996; USCG2001–9044, 68 FR 42602, July 18, 2003; USCG2004–18884, 69 FR 58344, Sept. 30, 2004; USCG–
2006–25556, 72 FR 36330, July 2, 2007; USCG–
2008–0906, 73 FR 56508, Sept. 29, 2008; USCG–
2009–0702, 74 FR 49226, Sept. 25, 2009; USCG–
2010–0759, 75 FR 60002, Sept. 29, 2010]
§ 28.60 Exemption letter.
(a) Types of exemptions. (1) Specific exemption means an exemption for an individual commercial fishing industry
vessel.
(2) Class exemption means an exemption for a class or fleet of commercial
fishing industry vessels.
(b) Exemption procedure. A request for
an exemption of either type must be in
writing, have specific reasons for the
request, and be sent to the Coast Guard
District Office having jurisdiction over
the waters where the vessel(s) will be
operating. Coast Guard District geographical areas are described in 33 CFR
part 3. The District Commander will
review the request to determine that:
(1) Good cause exists for granting an
exemption; and
(2) The safety of the vessel and those
on board will not be adversely affected.
(c) The District Commander will either approve or deny the request in
writing. In granting a request, the District Commander will specify the terms
under which the exemption is granted
and distribute the letter describing
these terms to the party or parties requesting the exemption.
(d) Exemption letter. Exemption letters, or suitable copies, describing the
terms under which the exemption is
granted shall be maintained at all
times on board each vessel to which
any exemption applies.
(e) Right of appeal. Any person directly affected by a decision or action
taken under this part may appeal in
accordance with § 1.03 of this chapter.
(f)Rescinding an exemption letter. Exemptions granted may be rescinded by
the District Commander if it is subsequently determined that the safety of
the vessel and those onboard is adversely affected.
[CDG 96–046, 62 FR 46675, Sept. 4, 1997]
§ 28.65 Termination
ations.
of
unsafe
oper-
(a) A Coast Guard Boarding Officer
may direct the master or individual in
charge of a vessel, with the concurrence of the District Commander, or
staff authorized by the District Commander, to immediately take reasonable steps necessary for the safety of
individuals on board the vessel if the
Boarding Officer observes the vessel
being operated in an unsafe manner
and determines that an especially hazardous condition exists. This may include directing the master or individual in charge of the vessel to return
the vessel to a mooring and remain
there until the situation creating the
especially hazardous condition is corrected or other specific action is taken.
(b) Hazardous conditions include, but
are not limited to, operation with—
(1) An insufficient number of lifesaving equipment on board, to include
serviceable Personal Flotation Devices
(PFDs), serviceable immersion suits, or
adequate survival craft capacity.
(2) An inoperable Emergency Position Indicating Radio Beacon (EPIRB)
or radio communication equipment
when required by regulation. There
should be at least one operable means
of communicating distress. When both
are required, then at least one must be
299
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00309
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.70
46 CFR Ch. I (10–1–11 Edition)
in operable condition to avoid termination of the voyage;
(3) Inadequate firefighting equipment
on board;
(4) Excessive volatile fuel (gasoline
or solvents) or volatile fuel vapors in
bilges;
(5) Instability resulting from overloading, improper loading or lack of
freeboard;
(6) Inoperable bilge system;
(7) Intoxication of the master or individual in charge of a commercial fishing vessel. An individual is intoxicated
when he/she is operating a commercial
fishing vessel and has an alcohol concentration of .04 percent, or the intoxicant’s effect on the person’s manner,
disposition, speech, muscular movement, general appearance or behavior
is apparent by observation;
(8) A lack of adequate operable navigation lights during periods of reduced
visibility;
(9) Watertight closures missing or inoperable;
(10) Flooding or uncontrolled leakage
in any space; or
(11) A missing or expired certificate
of class, as required by 46 U.S.C. 4503(1),
for a fish processing vessel.
(c) A Coast Guard Boarding Officer
may direct the individual in charge of
a fish processing vessel that is missing
a Load Line Certificate, or that does
not comply with the provisions of the
Load Line Certificate issued by the
American Bureau of Shipping or a
similarly qualified organization, to return the vessel to a mooring and to remain there until the vessel obtains
such a certificate.
[CGD 96–046, 61 FR 57273, Nov. 5, 1996, as
amended at CGD 96–046, 62 FR 46676, Sept. 4,
1997; USCG-2004–18884, 69 FR 58344, Sept. 30,
2004]
§ 28.70 Approved equipment and material.
(a) Equipment and material that is
required by this subchapter to be approved or of an approved type, must
have been manufactured and approved
in accordance with the design and testing requirements in Subchapter Q of
this chapter or as otherwise specified
by the Commandant.
(b) A listing of current and formerly
approved equipment and materials may
be found on the internet at: http://
cgmix.uscg.mil/equipment. Each OCMI
may be contacted for information concerning approved equipment.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended by USCG-2004–18884, 69 FR 58344,
Sept. 30, 2004]
§ 28.73
Accepted organizations.
An organization desiring to be designated by the Commandant as an accepted organization must request such
designation in writing. As a minimum
the organization must verify that it is
an organization—
(a) With a Code of Ethics;
(b) Whose surveyors are familiar with
the requirements of this chapter related to commercial fishing industry
vessels;
(c) Whose surveyors are familiar with
the operations and equipment on board
commercial fishing industry vessels;
(d) Whose only interest in the fishing
industry is in ensuring the safety of
commercial fishing industry vessels
and surveying commercial fishing industry vessels;
(e) That has grievance procedures;
(f) That has procedures for accepting
and terminating membership of an individual, including minimum professional qualifications for surveyors;
(g) That maintains a roster of
present and past accepted members and
surveyors; and
(h) That has an Apprentice/Associate
program for surveyors.
§ 28.76 Similarly
tions.
qualified
organiza-
An organization desiring to be designated by the Commandant as a similarly qualified organization must request such designation in writing. As a
minimum the organization must verify
that it—
(a) Publishes standards for vessel design and construction which are as
widely available as and which are of
similar content to the standards published by the ABS;
(b) Performs periodic surveys in a
wide range of localities during and
after construction to ensure compliance with published standards, including drydock examinations, in a manner
similar to the ABS;
300
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00310
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.80
(c) Issues certificates testifying to
compliance with the published standards;
(d) Has as its primary concern the
survey and classification of vessels;
(e) Has no interest in owning or operating fishing, fish processing, or fish
tender vessels; and
(f) Maintains records of surveys and
makes such records available to the
Coast Guard upon request in a manner
similar to the ABS.
§ 28.80
Report of casualty.
(a) Except for a casualty which is required to be reported to the Coast
Guard on Form CG 2692 in accordance
with part 4 of this chapter, the owner,
agent, operator, master, or individual
in charge of a vessel involved in a casualty must submit a report in accordance with paragraph (c) of this section,
as soon as possible after the casualty,
to the underwriter of primary insurance for the vessel or to an organization listed in paragraph (d) of this section whenever the casualty involves
any of the following.
(1) Loss of life.
(2) An injury that requires professional medical treatment (treatment
beyond first aid) and that renders the
individual unfit to perform his or her
routine duties.
(3) Loss of a vessel.
(4) Damage to or by a vessel, its
cargo, apparel or gear, except for fishing gear while not on board a vessel, or
that impairs the seaworthiness of the
vessel, or that is initially estimated at
$2,500.00 or more.
(b) Each underwriter of primary insurance for a commercial fishing industry vessel must submit a report of each
casualty involving that vessel to an organization listed in paragraph (d) of
this section within 90 days of receiving
notice of the casualty and whenever it
pays a claim resulting from the casualty. Initial reports must be in accordance with paragraph (c) of this section. Subsequent reports must contain
sufficient information to identify the
casualty and any new or corrected casualty data.
(c) Each report of casualty must include the following information:
(1) The name and address of the vessel owner and vessel operator, if different than the vessel owner;
(2) The name and address of the underwriter of primary insurance for the
vessel;
(3) The name, registry number, call
sign, 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, intended
catch, and length of fishery opening
when applicable;
(6) The date that the casualty was reported to the underwriter of primary
insurance for the vessel, or to an organization acceptable to the Commandant;
(7) The activity of the vessel at the
time of the casualty;
(8) The weather conditions at the
time of the casualty, if the weather
caused or contributed to the cause of
the casualty;
(9) The damages to or by the vessel,
its apparel, gear, or cargo;
(10) The monetary amounts paid for
damages;
(11) The name, birth date, social security number, address, job title,
length of disability, activity at the
time of injury, type of injury, and medical treatment required for each individual incapacitated for more than 72
hours, or deceased as a result of the
casualty;
(12) The name, registry number, and
call sign of every other vessel involved
in the casualty; and
(13) The monetary amount paid for
an injury or a death.
(d) A casualty to a commercial fishing industry vessel must be reported to
an organization that has knowledge
and experience in the collection and
processing of statistical insurance data
and that has been accepted by the
Commandant to receive and process
casualty data under this part. The
Commandant has accepted for this purpose:
(1) Marine Index Bureau (a division of
ISO Claim Search), Floor 22–8, 545
Washington Boulevard, Jersey City,
NJ, 07310–1686.
(2) [Reserved]
NOTE: The Coast Guard intends to treat information collected under this section from
301
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00311
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.90
46 CFR Ch. I (10–1–11 Edition)
underwriters of primary insurance as exempt
from disclosure under the Freedom of Information Act because it is commercial and financial information which, if disclosed,
would be likely to cause substantial harm to
the competitive position of the underwriter.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended by CGD 96–046, 61 FR 57273, Nov. 5,
1996; USCG–2008–0906, 73 FR 56509, Sept. 29,
2008]
§ 28.90
Report of injury.
Each individual employed on a commercial fishing industry vessel must
notify the master, individual in charge
of the vessel, or other agent of the employer of each illness, disability, or injury suffered while in service to the
vessel not later than seven days after
the date on which the illness, disability, or injury arose.
§ 28.95
Right of appeal.
Any person directly affected by a decision or action taken under this part,
by or on behalf of the Coast Guard,
may appeal therefrom in accordance
with part 1, subpart 1.03 of this chapter.
Subpart B—Requirements for All
Vessels
§ 28.100
Applicability.
Each commercial fishing industry
vessel must meet the requirements of
this subpart, in addition to the requirements of parts 24, 25, and 26 of this
chapter.
§ 28.105 Lifesaving
equipment—general requirements.
(a) In addition to the requirements of
this subpart, each commercial fishing
industry vessel must comply with the
requirements of part 25, subpart 25.25 of
this chapter.
(b) Except as provided in § 28.120(d),
each item of lifesaving equipment carried on board a vessel to meet the requirements of this part must be approved by the Commandant. Equipment for personal use which is not required by this part need not be approved by the Commandant.
§ 28.110 Life preservers or other personal flotation devices.
(a) Except as provided by § 28.305 of
this chapter, each vessel must be
equipped with at least one immersion
suit, exposure suit, or wearable personal flotation device of the proper size
for each individual on board as specified in table 28.110 and part 25, subpart
25.25 of this chapter. Notwithstanding
the provisions of paragraphs (c) and (d)
of § 25.25–1 of this chapter, each commercial fishing industry vessel propelled by sail or a manned barge employed in commercial fishing activities
must meet the requirements of this
paragraph.
(b) Each wearable personal flotation
device must be stowed so that it is
readily accessible to the individual for
whom it is intended, from both the individual’s normal work station and
berthing area. If there is no location
accessible to both the work station and
the berthing area, an appropriate device must be stowed in both locations.
TABLE 28.110—PERSONAL FLOTATION DEVICES AND IMMERSION SUITS
Applicable waters
Vessel type
Devices required
Other regulations
Seaward of the Boundary Line
and North of 32°N or South of
32°S; and Lake Superior.
Coastal Waters on the West
Coast of the United States
north of Point Reyes, CA; Beyond Coastal Waters, cold
water; and Lake Superior.
All other waters (Includes all
Great Lakes except Lake Superior).
Documented Vessel ..
Immersion suit or exposure suit.
28.135; 25.25–9(a); 25.25–13;
25.25–15.
All vessels .................
......do ..........................................
40 feet (12.2 meters)
or more in length.
Type I, Type V commercial hybrid, immersion suit, or exposure suit.1
Type I, Type II, Type III, Type V
commercial hybrid, immersion
suit, or exposure suit.1
Less than 40 feet
(12.2 meters) in
length.
Do.
28.135; 25.25–5(e); 25.25–5(f);
25.25–9(a); 25.25–13; 25.25–
15.
Do.
1 Certain Type V personal flotation devices are approved for substitution for Type I, II, or III personal flotation devices when
used in accordance with the conditions stated in the Coast Guard approval table.
302
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00312
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.120
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 88–079b, 57 FR 34189, Aug. 3, 1992;
CGD 95–012, 60 FR 48048, Sept. 18, 1995; USCG-2000–7790, 65 FR 58458, Sept. 29, 2000]
§ 28.115
Ring life buoys.
(a) Except as provided in paragraph
(b) of this section and § 28.305, each vessel must be equipped with a throwable
flotation device or a ring life buoy as
specified in table 28.115. If the vessel is
equipped with a ring life buoy, at least
one ring life buoy must be equipped
with a line which is at least:
(1) 60 feet (18.3 meters) in length for
a vessel less than 65 feet (19.8 meters)
in length; or
(2) 90 feet (27.4 meters) in length for
a vessel 65 feet (19.8 meters) or more in
length.
(b) For each vessel less than 65 feet
(19.8 meters) in length, an approved 20
inch (0.51 meters) or larger ring life
buoy which is in serviceable condition
and which was installed on board before September 15, 1991, may be used to
meet the requirements of paragraph (a)
of this section.
TABLE 28.115—THROWABLE FLOTATION
DEVICES
Vessel length
Less than 16 feet
(4.9 meters).
16 feet (4.9 meters)
or more, but less
than 26 feet (7.9
meters).
26 feet (7.9 meters)
or more, but less
than 65 feet (19.8
meters).
65 feet (19.8 meters)
or more.
Devices required
None.
1 buoyant cushion, or ring life buoy
(Type IV PFD).
1 ring life buoy approval number
starting with 160.009 or 160.050;
orange; at least 24 inch (0.61 meters) size.
3 ring life buoys, approval number
160.050; orange; at least 24 inch
(0.61 meters) size.
NOTE: Certain Type V PFDs are approved
for use in substitution for Type IV PFDs,
when used in accordance with the conditions
stated in the Coast Guard approval label.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR
47679, 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) through (h) of this section and
28.305, each vessel must carry the survival craft specified in Table 28.120(a),
Table 28.120(b), or Table 28.120(c), as appropriate for the vessel, in an aggre-
gate capacity to accommodate the
total number of individuals on board.
(b) The requirements of this section
do not apply to vessels less than 10.97
meters (36 feet) in length with 3 or
fewer individuals on board which operate within 12 miles of the coastline.
(c) A buoyant apparatus may be substituted instead of the requirements in
this section for vessels 10.97 meters (36
feet) or more in length with 3 or fewer
individuals on board which operate
within 12 miles of the coastline.
(d) Each survival craft installed on
board a vessel before September 15,
1991, may continue to be used to meet
the requirements of this section provided the survival craft is—
(1) Of the same type as required in
Tables 28.120(a), 28.120(b), or 28.120(c),
as appropriate for the vessel type; and
(2) Maintained in good and serviceable condition.
(e) Each inflatable liferaft installed
on board a vessel before September 15,
1991, may continue to be used to meet
the requirements for an approved inflatable liferaft, provided the existing
liferaft is—
(1) Maintained in good and serviceable condition as required by Table
28.140; and
(2) Equipped with the equipment
pack required by Tables 28.120(a),
28.120(b), or 28.120(c), as appropriate for
the vessel type. Where no equipment
pack is specified in Tables 28.120(a),
28.120(b), or 28.120(c), a coastal service
pack is the minimum required.
(f) A lifeboat may be substituted for
any survival craft required by this section, provided it is arranged and
equipped in accordance with part 199 of
this chapter.
(g) The capacity of an auxiliary craft
carried on board a vessel that is integral to and necessary for normal fishing operations will satisfy the requirements of this section for survival craft,
except for an inflatable liferaft, provided the craft is readily accessible
during an emergency and is capable of
safely holding all individuals on board
the vessel. If the auxiliary craft is
equipped with a Coast Guard required
capacity plate, the boat must not be
303
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00313
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.120
46 CFR Ch. I (10–1–11 Edition)
loaded so as to exceed the rated capacity.
(h) A vessel less than 10.97 meters (36
feet) in length that meets the flotation
provisions of 33 CFR part 183 is exempt
from the requirement for survival craft
in paragraph (a) of this section for operation on—
(1) Any waters within 12 miles of the
coastline.
(2) Rivers.
TABLE 28.120(a)—SURVIVAL CRAFT FOR DOCUMENTED VESSELS
Area
Vessel type
Beyond 50 miles of coastline .........................................
Between 20–50 miles of coastline, cold waters .............
Between 20–50 miles of coastline, warm waters ..........
Beyond Boundary Line, between 12–20 miles of coastline, cold waters.
Beyond Boundary Line, within 12 miles of coastline,
cold waters.
Beyond Boundary Line, within 12 miles of coastline,
cold waters.
Beyond Boundary Line, within 20 miles of coastline,
warm waters.
Inside Boundary Line, cold waters; or Lakes, bays,
sounds, cold waters; or Rivers, cold waters.
Inside Boundary Line, cold waters; or Lakes, bays,
sounds, cold waters; or Rivers, cold waters.
Inside Boundary Line, warm waters; or Lakes, bays,
sounds, warm waters; or Rivers, warm waters.
Great Lakes, cold waters ...............................................
Great Lakes, cold waters ...............................................
Great Lakes, beyond 3 miles of coastline, warm waters
Great Lakes, within 3 miles of coastline, warm waters
All
All
All
All
Survival craft required
.......................................
.......................................
.......................................
.......................................
Inflatable
Inflatable
Inflatable
Inflatable
liferaft with SOLAS A pack.
liferaft with SOLAS B pack.
liferaft.
liferaft.
10.97 meters (36 feet) or
more in length.
Less than 10.97 meters (36
feet) in length.
All .......................................
Inflatable buoyant apparatus. See note 2.
Buoyant apparatus.
See note 2.
Life float. See note 2.
10.97 meters (36 feet) or
more in length.
Less than 10.97 meters (36
feet) in length.
All .......................................
Inflatable buoyant apparatus.
See note 2.
Buoyant apparatus.
See note 2.
None.
10.97 meters (36 feet) or
more in length.
Less than 10.97 meters (36
feet) in length.
All .......................................
All .......................................
Inflatable buoyant apparatus.
See note 2.
Buoyant apparatus.
See note 2.
Buoyant apparatus. See note 2.
None.
NOTE: 1. The hierarchy of survival craft in descending order is lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft
with SOLAS B pack, inflatable liferaft with coastal service pack, inflatable buoyant apparatus, life float, buoyant apparatus. A survival craft higher in the hierarchy may be substituted for any survival craft required in this table.
2. If a vessel carriers 3 or fewer individuals within 12 miles of the coastline, see § 28.120 (b) and (c) for carriage substitution.
TABLE 28.120(b)—SURVIVAL CRAFT FOR UNDOCUMENTED VESSELS WITH NOT MORE THAN 16
INDIVIDUALS ON BOARD
Area
Vessel type
Survival craft required
Beyond 20 miles of coastline .........................................
Beyond Boundary Line, between 12–20 miles of coastline, cold waters.
Beyond Boundary Line, within 12 miles of coastline,
cold waters.
Beyond Boundary Line, within 12 miles of coastline,
cold waters.
Beyond Boundary Line, within 20 miles of coastline,
warm waters.
Inside Boundary Line, cold waters; or Lakes, bays,
sounds, cold waters; or rivers, cold water.
Inside Boundary Line, cold waters; or Lakes, bays,
sounds, cold waters; or Rivers, cold water.
Inside Boundary Line, warm waters; or Lakes, bays,
sounds, warm waters; or Rivers, warm waters.
Great Lakes, cold waters ...............................................
All .......................................
All .......................................
Inflatable buoyant apparatus.
Inflatable buoyant apparatus.
10.97 meters (36 feet) or
more in length.
Less than 10.97 meters (36
feet) in length.
All .......................................
Buoyant apparatus.
10.97 meters (36 feet) or
more in length.
Less than 10.97 meters (36
feet) in length.
All .......................................
All .......................................
Great Lakes, beyond 3 miles of coastline warm waters
All .......................................
Great Lakes, within 3 miles of coastline warm waters ..
All .......................................
Buoyant apparatus.
See note 2.
Life float. See note 2.
Buoyant apparatus.
Buoyant apparatus
See note 2.
None.
Buoyant apparatus.
See note 2.
Buoyant apparatus.
See note 2.
None.
NOTE: 1. The hierarchy of survival craft in descending order is lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft
with SOLAS B pack, inflatable liferaft with coastal service pack, inflatable buoyant apparatus, life float, buoyant apparatus. A survival craft higher in the hierarchy may be substituted for any survival craft required in this table.
2. If a vessel carries 3 or fewer individuals within 12 miles of the coastline, see § 28.120 (b) and (c) for carriage substitution.
304
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00314
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.130
TABLE 28.120(c)—SURVIVAL CRAFT FOR UNDOCUMENTED VESSELS WITH MORE THAN 16
INDIVIDUALS ON BOARD
Area
Vessel type
Beyond 50 miles of coastline .........................................
Between 20–50 miles of coastline, cold waters .............
Between 20–50 miles of coastline, warm waters ..........
Beyond Boundary Line, between 12–20 miles of coastline, cold waters.
Beyond Boundary Line, within 12 miles of coastline,
cold waters.
Beyond Boundary Line, within 12 miles of coastline,
cold waters.
Beyond Boundary Line, within 20 miles of coastline,
warm waters.
Inside Boundary Line, cold waters; or Lakes, bays,
sounds, cold waters; or Rivers, cold waters.
Inside Boundary Line, cold waters; or Lakes, bays,
sounds, cold waters; or Rivers, cold waters.
Inside Boundary Line, warm waters; or Lakes, bays,
sounds, warm waters; or Rivers, warm waters.
Great Lakes, cold waters ...............................................
Great Lakes, cold waters ...............................................
Great Lakes, beyond 3 miles of coastline warm waters
Great Lakes, within 3 miles of coastline warm waters ..
All
All
All
All
Survival craft required
.......................................
.......................................
.......................................
.......................................
10.97 meters (36 feet) or
more in length.
Less than 10.97 meters (36
feet) in length.
All .......................................
10.97 meters (36 feet) or
more in length.
Less than 10.97 meters (36
feet) in length.
All .......................................
10.97 meters (36 feet) or
more in length.
Less than 10.97 meters (36
feet) in length.
All .......................................
All .......................................
Inflatable
Inflatable
Inflatable
Inflatable
liferaft with SOLAS A pack.
liferaft with SOLAS B pack.
liferaft.
liferaft.
Inflatable bouyant apparatus.
Buoyant apparatus.
Life float.
Inflatable buoyant apparatus.
Buoyant apparatus.
None.
Inflatable buoyant apparatus.
Buoyant apparatus.
Buoyant apparatus.
None.
NOTE: 1. The hierarchy of survival craft in descending order is lifeboat, liferaft with SOLAS A pack, Inflatable liferaft with
SOLAS A pack, liferaft with SOLAS B pack, Inflatable liferaft with SOLAS B pack, Inflatable liferaft with coastal service pack, inflatable buoyant apparatus, life float, buoyant apparatus. A survival craft higher in the hierarchy may be substituted for any survival craft required in this table.
[CGD 96–046, 61 FR 57273, Nov. 5, 1996; CGD 96–046, 61 FR 68162, Dec. 27, 1996, as amended by
CGD 96–046, 62 FR 46676, Sept. 4, 1997; USCG-2002–13058, 67 FR 61278, Sept. 30, 2002]
§ 28.125
Stowage of survival craft.
(a) Each inflatable liferaft required
to be equipped with a SOLAS A or a
SOLAS B equipment pack must be
stowed so as to float free and automatically inflate in the event the vessel sinks.
(b) Each inflatable liferaft, inflatable
buoyant apparatus, and any auxiliary
craft used in their place, must be kept
readily accessible for launching or be
stowed so as to float free in the event
the vessel sinks.
(c) Each hydrostatic release unit
used in a float-free arrangement must
be approved under part 160, subpart
160.062 of this chapter.
(d) Each float-free link used with a
buoyant apparatus or with a life float
must be certified to meet part 160, subpart 160.073 of this chapter.
§ 28.130
Survival craft equipment.
(a) General. Each item of survival
craft equipment must be of good quality, effective for the purpose it is intended to serve, and secured to the
craft.
(b) Inflatable liferafts. Each inflatable
liferaft must have one of the following
equipment packs as shown by the
markings on its container:
(1) Coastal Service;
(2) SOLAS B Pack (formerly ‘‘Limited Service’’); or
(3) SOLAS A Pack (formerly ‘‘Ocean
Service’’).
(c) Each life float and buoyant apparatus must be fitted with a lifeline,
pendants, a painter, and a floating
electric water light approved under
part 161 subpart 161.010 of this chapter.
(d) Other survival craft. A vessel must
not carry survival craft other than inflatable liferafts, life floats, inflatable
buoyant apparatus, or buoyant apparatus, such as lifeboats or rigid liferafts, unless the survival craft and
launching equipment comply with the
requirements for installation, arrangement, equipment, and maintenance
contained in 46 CFR part 199.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended by CGD 84–069, 63 FR 52813, Oct. 1,
1998]
305
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00315
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.135
46 CFR Ch. I (10–1–11 Edition)
(c) Retroreflective markings required
by this section must be with material
approved under part 164, subpart 164.018
of this chapter. The arrangement of the
retroreflective material must meet
IMO Resolution A.658(16).
(d) A wearable personal flotation device must be marked with the name of
either the vessel, the owner of the device, or the individual to whom it is assigned.
§ 28.135 Lifesaving equipment markings.
(a) Except as provided in paragraph
(d) of this section, lifesaving equipment carried aboard a vessel pursuant
to the requirements of this subpart or
part 25, subpart 25.25 of this chapter
must be marked as specified in table
28.135.
(b) Lettering used in lifesaving equipment markings must be in block capital letters.
TABLE 28.135—LIFESAVING EQUIPMENT MARKINGS
Markings Required
Item
Name of vessel
Wearable personal flotation device (Type I, II, III, or wearable
Type V); Immersion suit or exposure suit.
Ring life buoy .............................................................................
Inflatable liferaft .........................................................................
Inflatable buoyant apparatus .....................................................
Life float .....................................................................................
Buoyant apparatus .....................................................................
Auxiliary craft .............................................................................
EPIRB ........................................................................................
NOTE: No marking other than that provided by the manufacturer and the servicing
facility is required.
Retroflective material
See § 28.135(d) .......................
Type I or Type II.
X ..............................................
See note ..................................
See note ..................................
X ..............................................
X ..............................................
X ..............................................
X ..............................................
Type II.
See note.
See note.
Type II.
Type II.
Type II.
Type II.
(1) Table 28.140 in this section;
(2) The servicing procedure under the
subpart of this chapter applicable to
the item’s approval; and
(3) The manufacturer’s guidelines.
(c) An inflatable liferaft or inflatable
buoyant apparatus must be serviced no
later than the month and year on its
servicing sticker affixed under 46 CFR
160.151–57(n), and whenever the container is damaged or the container
straps or seals are broken. It must be
serviced at a facility specifically approved by the Commandant for the particular brand.
(d) An escape route from a space
where an individual may be employed
or an accommodation space must not
be obstructed.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR
49822, Oct. 1, 1991, as amended by CGD 95–012,
60 FR 48048, Sept. 18, 1995]
§ 28.140 Operational readiness, maintenance, and inspection of lifesaving
equipment.
(a) The master or individual in
charge of a vessel must ensure that
each item of lifesaving equipment must
be in good working order, ready for immediate use, and readily accessible before the vessel leaves port and at all
times when the vessel is operated.
(b) Each item of lifesaving equipment, including unapproved equipment, must be maintained and inspected in accordance with:
TABLE 28.140—SCHEDULED MAINTENANCE AND INSPECTION OF LIFESAVING EQUIPMENT
Interval
Item
Regulation
Monthly
Annually
..................
Servicing ...............................
28.140
..................
Inspect, clean and repair as
necessary.
Inspect, clean and repair as
necessary.
Servicing 1 ............................
Servicing 1 ............................
28.140
(1) Inflatable wearable personal flotation device (Type V
commercial hybrid).
(2) Personal flotation devices, exposure suits and immersion suits.
(3) Buoyant apparatus and life floats ..................................
..................
(4) Inflatable liferaft ..............................................................
(5) Inflatable buoyant apparatus ..........................................
..................
..................
28.140
28.140
28.140
306
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00316
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.160
TABLE 28.140—SCHEDULED MAINTENANCE AND INSPECTION OF LIFESAVING EQUIPMENT—Continued
Interval
Item
Regulation
Monthly
Annually
(6) Hydrostatic release ........................................................
(7) Disposable hydrostatic release ......................................
..................
..................
(8) Undated batteries ...........................................................
(9) Dated batteries 2 and other items ..................................
..................
..................
(10) EPIRB ...........................................................................
Test ..........
Servicing 1 ............................
Replace on or before expiration date.
Replace ................................
Replace on or before expiration date.
...............................................
28.140
28.140
28.140
25.26–50, 28.140
25.26–50
1 For
a new liferaft or inflatable buoyant apparatus, the first annual servicing may be deferred to two years from the date of first
packing if so indicated on the servicing sticker.
2 Water activated batteries must be replaced whenever they are used.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991, as amended at USCG-2001–
11118, 67 FR 58540, Sept. 17, 2002; USCG-2004–18884, 69 FR 58344, Sept. 30, 2004]
§ 28.145 Distress signals.
Except as provided by 28.305, each
vessel must be equipped with the distress signals specified in table 28.145.
TABLE 28.145—DISTRESS SIGNALS
Area
Devices required
beacon (EPIRB) as required by 46 CFR
part 25, subpart 25.26.
NOTE: Each vessel which uses radio communication equipment must have a Ship
Radio Station License issued by the Federal
Communications Commission, as set forth in
47 CFR part 80.
3 parachute flares, approval
series 160.136; plus 6 hand
flares, approval series
160.121; plus 3 smoke signals, approval series
160.122.
3 parachute flares, approval
series 160.136, or 160.036;
plus 6 hand flares, approval
series 160.121 or 160.021;
plus 3 smoke signals, approval series 160.122,
160.022, or 160.037.
Night visual distress signals
consisting of one electric
distress light, approval series 161.013 or 3 approved
flares; plus Day visual distress signals consisting of
one distress flag, approval
series 160.072, or 3 approved flares, or 3 approved
smoke signals.1
§ 28.155 Excess fire detection and protection equipment.
flares are carried, the same 3 flares may be counted toward meeting both the day and night requirement.
(a) Each vessel must meet the requirements of part 25, subpart 25.30 of
this chapter.
(b) Each vessel 65 feet (19.8 meters) or
more in length must be equipped with
the minimum number, location, and
type of portable fire extinguishers
specified in table 28.160.
Ocean, more than 50 miles
from coastline.
Ocean, 3–50 miles from the
coastline; or more than 3
miles from the coastline on
the Great Lakes.
Coastal waters, excluding
the Great Lakes; or within
3 miles of the coastline on
the Great Lakes.
1 If
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended at 60 FR 48048, Sept. 18, 1995; USCG2000–7790, 65 FR 58458, Sept. 29, 2000]
§ 28.150 Emergency
Position
Indicating Radio Beacons (EPIRBs).
Each vessel must be equipped with an
emergency position indicating radio
Installation of fire detection and protection equipment in excess of that required by the regulations in this subchapter is permitted provided that the
excess equipment does not endanger
the vessel or individuals on board in
any way. The excess equipment must,
at a minimum, be listed and labeled by
an independent, nationally recognized
testing laboratory and be in accordance with an appropriate industry
standard for design, installation, testing, and maintenance.
§ 28.160
Portable fire extinguishers.
307
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00317
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.165
46 CFR Ch. I (10–1–11 Edition)
TABLE 28.160—PORTABLE FIRE EXTINGUISHERS FOR VESSELS 65 FEET (19.8 METERS) OR MORE IN
LENGTH
Space
Classification
Quantity and location
Safety areas, communicating corridors ........
A-II ...............
Pilothouse .....................................................
Service spaces, galleys ................................
C-I ................
B-II or C-II ....
Paint lockers .................................................
Accessible baggage and storerooms ...........
B-II ...............
A-II ...............
Work shops and similar spaces ...................
Machinery spaces; Internal combustion propelling machinery.
Electric propulsion motors or generator unit
of open type.
Auxiliary spaces ............................................
Internal combustion machinery .....................
Electric emergency motors or generators ....
A-II ...............
B-II ...............
C-II ...............
1 in each main corridor not more than 150 feet (49.2 meters)
apart. (May be located in stairways.)
2 in vicinity of exit.
1 for each 2,500 square feet (269.1 sq. meters) or fraction thereof
suitable for hazards involved.
1 outside space in vicinity of exit.
1 for each 2,500 square feet (269.1 sq. meters) or fraction thereof
located in the vicinity of exits, either inside or outside the
spaces.
1 outside the space in vicinity of exit.
1 for each 1,000 brake horsepower or fraction thereof but not less
than 2 nor more than 6.
1 for each propulsion motor generator unit.
B-II ...............
B-II ...............
C-II ...............
1 outside the space in the vicinity of exit.
1 outside the space in the vicinity of exit.
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 a
highly visible location accessible to
the crew a placard measuring at least 5
inches by 7 inches (127 millimeters by
178 millimeters) which reads:
[CGD 94–025, 60 FR 54444, Oct. 24, 1995]
§ 28.205 Fireman’s outfits and self-contained breathing apparatus.
Notice
Report All Injuries
United States law, 46 United States Code
10603, requires each seaman on a fishing vessel, fish processing vessel, or fish tender vessel to notify the master or individual in
charge of the vessel or other agent of the employer regarding any illness, disability, or
injury suffered by the seaman when in service to the vessel not later than seven days
after the date on which the illness, disability, or injury arose.
Subpart C—Requirements for Documented Vessels That Operate Beyond the Boundary
Lines or With More Than 16 Individuals On Board, or for Fish
Tender Vessels Engaged in
the Aleutian Trade
§ 28.200
(b) Operates with more than 16 individuals on board; or
(c) Is a fish tender vessel engaged in
the Aleutian trade.
Applicability.
Each documented commercial fishing
industry vessel must meet the requirements of this subpart in addition to the
requirements of subparts A and B of
this part if it:
(a) Operates beyond the Boundary
Lines;
(a) Each vessel that operates with
more than 49 individuals on board must
be equipped with at least two fireman’s
outfits stowed in widely separated locations.
(b) Each vessel that uses ammonia as
a refrigerant must be equipped with at
least two self-contained breathing
apparatuses.
(c) A fireman’s outfit must consist of
one self-contained breathing apparatus
with lifeline attached, one flashlight, a
rigid helmet, boots, gloves, protective
clothing, and one fire axe.
(d) At least one spare air bottle must
be provided for each self-contained
breathing apparatus.
(e) Each self-contained breathing apparatus must be approved by the Mine
Safety and Health Administration
(MSHA) and by the National Institute
for Occupational Safety and Health
(NIOSH), have as a minimum a 30
minute air supply, and a full facepiece.
308
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00318
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.230
§ 28.210 First aid equipment and training.
(a) Each vessel must have on board a
complete first aid manual and medicine chest of a size suitable for the
number of individuals on board in a
readily accessible location.
(b) First aid and cardiopulmonary resuscitation (CPR) course certification.
Certification in first aid and CPR must
be as described in this paragraph.
(1) First aid—a certificate indicating
completion of a first aid course from:
(i) The American National Red Cross
‘‘Standard First Aid and Emergency
Care’’ or ‘‘Multi-media Standard First
Aid’’ course; or
(ii) A course approved by the Coast
Guard under § 10.205(h)(l)(ii) of this
chapter.
(2) CPR—A certificate indicating
completion 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 this
chapter.
(c) Each vessel that operates with
more than 2 individuals on board must
have at least 1 individual certified in
first aid and at least 1 individual certified in CPR. An individual certified
in both first aid and CPR will satisfy
both of these requirements.
(d) Each vessel that operates with
more than 16 individuals on board must
have at least 2 individuals certified in
first aid and at least 2 individuals certified in CPR. An individual certified
in both first aid and CPR may be
counted for both requirements.
(e) Each vessel that operates with
more than 49 individuals on board must
have at least 4 individuals certified in
first aid and at least 4 individuals certified in CPR. An individual certified
in both first aid and CPR may be
counted for both requirements.
sonnel, such as gearing, chain or belt
drives, and rotating shafting. This is
not meant to restrict necessary access
to fishing equipment such as winches,
drums, or gurdies.
(c) Each exhaust pipe from an internal combustion engine which is within
reach of personnel must be insulated or
otherwise guarded to prevent burns.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended by CGD 95–012, 60 FR 48048, Sept. 18,
1995]
[CGD 88–079, 59 FR 40393, Aug. 14, 1991, as
amended by CGD 96–046, 61 FR 57275, Nov. 5,
1996; CGD 96–046, 62 FR 46677, Sept. 4, 1997;
USCG-2001–10224, 66 FR 48619, Sept. 21, 2001]
§ 28.215 Guards for exposed hazards.
(a) Each space on board a vessel must
meet the requirements of this section.
(b) Suitable hand covers, guards, or
railing must be installed in way of machinery which can cause injury to per-
§ 28.225 Navigational information.
(a) Each vessel must have at least
the following navigational information
on board:
(1) Marine charts of the area to be
transited, published by the National
Ocean Service, the National Imagery
and Mapping Agency, U.S. Army Corps
of Engineers, or a river authority
that—
(i) Are of a large enough scale and
have enough detail to make safe navigation of the area possible; and
(ii) Are currently corrected.
(2) For the area to be transited, a
currently corrected copy of, or applicable 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 current extract from, each of the following
publications:
(i) Tide tables promulgated by the
National Ocean Service; and
(ii) Tidal current tables promulgated
by the National Ocean Service, or a
river current publication issued by the
U.S. Corps of Engineers or a river authority.
(b) Each vessel of 39.4 feet (12 meters)
or more in length that operates shoreward of the COLREG Demarcation
Lines, as set forth in 33 CFR part 80,
must carry on board and maintain for
ready reference a copy of the Inland
Navigation Rules, as set forth in 33
CFR chapter I, subchapter E.
§ 28.230 Compasses.
Each vessel must be equipped with an
operable magnetic steering compass
with a compass deviation table at the
operating station.
309
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00319
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.235
46 CFR Ch. I (10–1–11 Edition)
§ 28.235 Anchors and radar reflectors.
(a) Each vessel must be fitted with an
anchor(s) and chain(s), cable, or rope
appropriate for the vessel and the waters of the intended voyage.
(b) Except for a vessel rigged with
gear that provides a radar signature
from a distance of 6 miles, each nonmetallic hull vessel must have a radar
reflector.
§ 28.240 General alarm system.
(a) Except as provided in paragraph
(f) of this section, each vessel with an
accommodation space or a work space
which is not adjacent to the operating
station, must have an audible general
alarm system with a contact-maker at
the operating station suitable for notifying individuals on board in the event
of an emergency.
(b) The general alarm system must
be capable of notifying an individual in
any accommodation space or work
space where they may normally be employed.
(c) In a work space where background
noise makes a general alarm system
difficult to hear, a flashing red light
must also be installed.
(d) Each general alarm bell and flashing red light must be identified with
red lettering at least 1⁄2 inch (13 millimeters) high as follows:
Attention
General Alarm—When Alarm Sounds Go to
Your Station.
(e) A general alarm system must be
tested prior to operation of the vessel
and at least once each week thereafter.
(f) A public address system or other
means of alerting all individuals on
board may be used in lieu of a general
alarm system provided it complies
with paragraphs (b), (c), and (e) of this
section and can be activated from the
operating station.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended by CGD 95–012, 60 FR 48048, Sept. 18,
1995]
§ 28.245 Communication equipment.
(a) Except as provided in paragraphs
(b) through (e) of this section, each vessel must be equipped as follows.
(1) Each vessel must be equipped with
a VHF radiotelephone capable of trans-
mitting and receiving on the frequency
or frequencies within the 156–162 MHz
band necessary to communicate with a
public coast station or U.S. Coast
Guard station serving the area in
which the vessel is operating.
(2) Each vessel that operates more
than 20 miles from the coastline, in addition to the VHF radiotelephone required by paragraph (a)(1) of this section, must be equipped with a radiotelephone transceiver capable of transmitting and receiving on frequencies in
the 2–4 MHz band necessary to communicate with a public coast station or
U.S. Coast Guard station serving the
area in which the vessel is operating.
(3) Each vessel that operates more
than 100 miles from the coastline, in
addition to the communication equipment required by paragraph (a)(1) of
this section must be equipped with a
radiotelephone transceiver capable of
transmitting and receiving on frequencies in the 2–27.5 MHz band necessary to communicate with a public
coast station or U.S. Coast Guard station serving the area in which the vessel is operating.
(4) Each vessel that operates in waters contiguous to Alaska where no
public coast station or U.S. Coast
Guard station is within communications range of a VHF radio transceiver
operating on the 156–162 MHz band or
the 2–4 MHz band, in addition to the
VHF radio communication equipment
required by paragraph (a)(1) of this section, must be equipped with a radiotelephone transceiver capable of transmitting and receiving on frequencies in
the 2–27.5 MHz band necessary to communicate with a public coast station or
a U.S. Coast Guard station serving the
area in which the vessel is operating.
(b) A single radio transceiver capable
of meeting the requirements of paragraphs (a) (2) and (3), or paragraphs (a)
(2), (3), and (4) of this section, is acceptable.
(c) Satellite communication capability with the system servicing the
area in which the vessel is operating is
acceptable as an alternative to the requirements of paragraphs (a)(2), (a)(3),
or (a)(4) of this section.
310
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00320
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.255
(d) A cellular telephone capable of
communicating with a public coast station or a U.S. Coast Guard station serving the area in which the vessel is operating is acceptable as an alternative to
the requirements of paragraphs (a)(2),
(a)(3), or (a)(4) of this section.
(e) A radiotelephone transceiver installed on board a vessel before September 15, 1991, capable of transmitting
and receiving on frequencies on the 4–
20 MHz band may continue to be used
to satisfy the requirements of paragraphs (a)(3) and (a)(4) of this section.
(f) The principle operating position of
the communication equipment must be
at the operating station.
(g) Communication equipment must
be installed to ensure safe operation of
the equipment and to facilitate repair.
It must be protected against vibration,
moisture, temperature, and excessive
currents and voltages. It must be located so as to minimize the possibility
of water intrusion from windows broken by heavy seas.
(h) Communication equipment must
comply with the technical standards
and operating requirements issued by
the Federal Communications Commission, as set forth in 47 CFR part 80.
NOTE: Each vessel which uses radio equipment to meet the communication requirements of this section must have a Ship Radio
Station License issued by the Federal Communications Commission, as set forth in 47
CFR part 80.
(i) All communication equipment
must be provided with an emergency
source 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 audible
alarm must be provided at the operating station to indicate high water
level in each of the following normally
unmanned spaces:
(a) A space with a through-hull fitting below the deepest load waterline,
such as the lazarette;
(b) A machinery space bilge, bilge
well, shaft alley bilge, or other space
subject to flooding from sea water piping within the space; and
(c) A space with a non-watertight
closure, such as a space with a non-watertight hatch on the main deck.
§ 28.255 Bilge pumps, bilge piping, and
dewatering systems.
(a) Each vessel must be equipped
with a bilge pump and bilge piping capable of draining any watertight compartment, other than tanks and small
buoyancy compartments, under all
service conditions. Large spaces, such
as enginerooms must be fitted with
more than one suction line.
(b) In addition to the requirements of
paragraph (a) of this section, a space
used in the sorting or processing of fish
in which water is used must be fitted
with dewatering system capable of
dewatering the space under normal
conditions of list and trim at the same
rate as water is introduced. Pumps
used as part of the processing of fish do
not count for meeting this requirement. The dewatering system must be
interlocked with the pump(s) supplying
water to the space, so that in the event
of failure of the dewatering system, the
water supply is inactivated.
(c) Except as provided by paragraph
(f) of this section, each vessel 79 feet (24
meters) or more in length must be
equipped with a fixed, self-priming,
powered, bilge pump connected to a
bilge manifold.
(d) If a bilge pump required by paragraph (a) of this section is portable, it
must be provided with a suitable suction hose of adequate length to reach
the bilges of each watertight compartment it must serve and with a discharge hose of adequate length to ensure overboard discharge. A portable
pump must be capable of dewatering
each space it serves at a rate of at least
2 inches (51 millimeters) of water depth
per minute.
(e) Except for a fire pump required by
§ 28.315, a bilge pump may be used for
other purposes.
(f) Except where an individual pump
is provided for a separate space or for a
portable pump, each individual bilge
suction line must be led to a manifold.
Each bilge suction line must be provided with a stop valve at the manifold
and a check valve at some accessible
point in the bilge line to prevent unintended flooding of a space.
(g) Each bilge suction line and
dewatering system suction must be
fitted with a suitable strainer to prevent clogging of the suction line.
311
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00321
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.260
46 CFR Ch. I (10–1–11 Edition)
Strainers must have an open area of
not less than three times the open area
of the suction line.
(h) Each vessel must comply with the
oil pollution prevention requirements
of 33 CFR parts 151 and 155.
§ 28.260 Electronic position fixing devices.
Each vessel 79 feet (24 meters) or
more in length must be equipped with
an electronic position fixing device capable of providing accurate fixes for
the area in which the vessel operates.
§ 28.265
Emergency instructions.
(a) Except as provided in paragraphs
(b) and (c) of this section, each vessel
must have emergency instructions
posted in conspicuous locations accessible to the crew.
(b) The instructions identified in
paragraphs (d)(6), (d)(7), (d)(8), and
(d)(9) of this section, may be kept readily available as an alternative to posting.
(c) On a vessel which operates with
less than 4 individuals on board, the
emergency instructions may be kept
readily available as an alternative to
posting.
(d) The emergency instructions required by this section must identify at
least the following information, as appropriate for the vessel:
(1) The survival craft embarkation
stations aboard the vessel and the survival craft to which each individual is
assigned;
(2) The fire and emergency signal and
the abandon ship signal;
(3) If immersion suits are provided,
the location of the suits and illustrated
instructions on the method for donning
the suits;
(4) Procedures for making a distress
call, such as:
(i) Make sure your communication
equipment is on.
(ii) Select 156.8 MHz (VHF channel
16), 2182 kHz, or other distress frequency used in your area of operation.
Note: VHF channel 16 and 2182 kHz on
SSB are for emergency and calling purposes only.
(iii) Press microphone button and
speaking slowly—clearly—calmly say:
‘‘Mayday—Mayday—Mayday’’
(iv) Say: ‘‘This is the M/V (Insert
name of your vessel), (Insert name of
your vessel), (Insert name of your vessel), Over.’’
(v) Release the microphone button
briefly and listen for acknowledgment.
If no one answers, repeat steps in paragraphs (d)(4) (iii) and (iv) of this section.
(vi) If there is still no answer, or if
the Coast Guard or another vessel responds, say: ‘‘Mayday—This is the M/V
(Insert Name of Your Vessel).’’
(vii) Describe your position using
latitude and longitude coordinates, or
range and bearing 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 seaworthiness of your vessel.
(xi) Describe your vessel: (Insert
length, color, hull type, trim, masts,
power, and any additional distinguishing features).
(xii) Say: ‘‘I will be listening on
Channel 16/2182 (or other channel monitored).’’
(xiii) End message by saying: ‘‘This is
(insert vessel’s name and call sign).’’
(xiv) If your situation permits, stand
by the radio to await further communication with the Coast Guard or another vessel. If no answer, repeat, then
try another channel.
(5) Essential action that must be
taken in an emergency by each individual, such as:
(i) Making a distress call.
(ii) Closing of hatches, airports, watertight doors, vents, scuppers, and
valves for intake and discharge lines
which penetrate the hull, stopping of
fans and ventilation systems, and operation of all safety equipment.
(iii) Preparing and launching of survival craft and rescue boats.
(iv) Fighting a fire.
(v) Mustering of personnel including—
(A) Seeing that they are properly
dressed and have put on their lifejackets or immersion suits; and
(B) Assembling personnel and directing them to their appointed stations.
(vi) Manning of fire parties assigned
to deal with fires.
(vii) Special duties required for the
operation of fire fighting equipment.
312
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00322
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.270
(6) The procedures for rough weather
at sea, crossing hazardous bars, flooding, and anchoring of the vessel, such
as:
(i) Close all watertight and weathertight doors, hatches and airports to
prevent taking water aboard or further
flooding in the vessel.
(ii) Keep bilges dry to prevent loss of
stability due to water in bilges. Use
power driven bilge pump, hand pump,
and buckets to dewater.
(iii) Align fire pumps to use as bilge
pumps, if possible.
(iv) Check all intake and discharge
lines which penetrate the hull for leakage.
(v) Personnel should remain stationary and evenly distributed.
(vi) Personnel should don lifejackets
and immersion suits if the going becomes very rough, the vessel is about
to cross a hazardous bar, or when otherwise instructed by the master or individual in charge of the vessel.
(7) The procedures for anchoring the
vessel.
(8) The procedures to be used in the
event an individual falls overboard,
such as:
(i) Throw a ring life buoy as close to
the individual as possible;
(ii) Post a lookout to keep the individual in the water in sight;
(iii) Launch the rescue boat and maneuver it to pick up the individual in
the water;
(iv) Have a crewmember put on a lifejacket or immersion suit, attach a
safety line to the crewmember, and
have the crewmember standby to jump
into the water to assist in recovering
the individual in the water if necessary;
(v) If the individual overboard is not
immediately located, notify the Coast
Guard and other vessels in the vicinity;
and
(vi) Continue searching until released
by 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 systems
supplying the affected space, if possible.
(iii) Immediately use a portable fire
extinguisher or use water for fires in
ordinary combustible materials. Do not
use water on electrical fires.
(iv) If the fire is in a machinery
space, shut off the fuel supply and ventilation system and activate the fixed
extinguishing system, if installed.
(v) Maneuver the vessel to minimize
the effect of wind on the fire.
(vi) If unable to control the fire, immediately notify the Coast Guard and
other vessels in the vicinity.
(vii) Move personnel away from the
fire, have them put on lifejackets, and
if necessary, prepare to abandon the
vessel.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended by USCG–2010–0759, 75 FR 60002,
Sept. 29, 2010]
§ 28.270 Instruction, drills, and safety
orientation.
(a) Drills and instruction. The master
or individual in charge of each vessel
must ensure that drills are conducted
and instruction is given to each individual on board at least once each
month. Instruction may be provided in
conjunction with drills or at other
times and places provided it ensures
that each individual is familiar with
their duties and their responses to at
least the following contingencies:
(1) Abandoning the vessel;
(2) Fighting a fire in different locations on board the vessel;
(3) Recovering an individual from the
water;
(4) Minimizing the effects of unintentional flooding;
(5) Launching survival craft and recovering lifeboats and rescue boats;
(6) Donning immersion suits and
other wearable personal flotation devices;
(7) Donning a fireman’s outfit and a
self-contained breathing apparatus, if
the vessel is so equipped;
(8) Making a voice radio distress call
and using visual distress signals;
(9) Activating the general alarm; and
(10) Reporting inoperative alarm systems and fire detection systems.
(b) Participation in drills. Drills must
be conducted on board the vessel as if
there were an actual emergency and
must include participation by all individuals on board, breaking out and
313
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00323
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.275
46 CFR Ch. I (10–1–11 Edition)
using emergency equipment, testing of
all alarm and detection systems, donning protective clothing, and donning
immersion suits, if the vessel is so
equipped.
(c) Training. No individual may conduct the drills or provide the instructions required by this section unless
that individual has been trained in the
proper procedures for conducting the
activity.
(d) The viewing of videotapes concerning at least the contingencies listed in paragraph (a) of this section,
whether on board the vessel or not, followed by a discussion led by an individual familiar with these contingencies will satisfy the requirement for
instruction but not the requirement for
drills in paragraph (b) of this section or
for the safety orientation in paragraph
(e) of this section.
(e) Safety orientation. The master or
individual in charge of a vessel must
ensure that a safety orientation is
given to each individual on board that
has not received the instruction and
has not participated in the drills required by paragraph (a) of this section
before the vessel may be operated.
(f) The safety orientation must explain the emergency instructions required by § 28.265 and cover the specific
evolutions listed in paragraph (a) of
this section.
NOTE: The individual conducting the drills
and instruction need not be the master, individual in charge of the vessel, or a member
of the crew.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended by CGD 95–012, 60 FR 48048, Sept. 18,
1995; CGD 96–046, 61 FR 57275, Nov. 5, 1996,
CGD 96–046, 62 FR 46677, Sept. 4, 1997; USCG2002–13058, 67 FR 61278, Sept. 30, 2002]
§ 28.275 Acceptance criteria for instructors and course curricula.
(a) A Fishing Vessel Safety Instructor shall submit a detailed course curriculum that relates directly to the
contingencies listed in § 28.270(a), or a
letter certifying the use of the ‘‘Personal Survival and Emergency Drills
Course,’’ a national standard curriculum, to the cognizant OCMI. This
document can be ordered through the
U.S.
Marine
Safety
Association
(USMSA), 5050 Industrial Road, Farmingdale, NJ 07727; telephone: (732) 751–
0102; fax: (732) 751–0508; or e-mail:
usmsa@usmsa.org. For the criteria of
Fishing Vessel Safety Instructor, the
following documentation shall be provided to the cognizant OCMI:
(1) Proof of at least 1 year of experience in a marine related field and experience that relates directly to the contingencies listed in § 28.270(a) including—
(i) Experience as an instructor; or
(ii) Training received in instructional
methods; or
(2) A valid license or officer endorsement issued by the Coast Guard authorizing
service
as
master
of
unispected fishing industry vessels and
proof of experience that relates directly to the contingencies listed in 46
CFR 28.270(a) including—
(i) Experience as an instructor; or
(ii) Training received in instructional
methods; or
(3) A valid license or officer endorsement issued by the Coast Guard authorizing service as a master of inspected vessels of 100 gross tons or
more and proof of experience that relates directly to the contingencies listed in § 28.270(a) including—
(i) Experience as an instructor; or
(ii) Training received in instructional
methods.
(b) Each OCMI will issue a letter of
acceptance to all qualified individuals
and will maintain a list of accepted instructors in his/her zone.
(c) Letters of acceptance shall be
valid for a period of 5 years.
(d) Fishing Vessel Safety Instructors
or the organization providing training
shall issue documents to Fishing Vessel Drill Conductors upon successful
completion of all required training.
[CGD 96–046, 61 FR 57275, Nov. 5, 1996, as
amended by CGD 96–046, 62 FR 46677, Sept. 4,
1997; USCG-2001–10224, 66 FR 48619, Sept. 21,
2001; USCG-2004–18884, 69 FR 58344, Sept. 30,
2004; USCG–2008–0906, 73 FR 56509, Sept. 29,
2008; USCG–2006–24371, 74 FR 11264, Mar. 16,
2009]
EDITORIAL NOTE: At 74 FR 11264, Mar. 16,
2009, § 28.275 was amended; however, a portion
of the amendment could not be incorporated
due to inaccurate amendatory instruction.
314
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00324
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.320
Subpart D—Requirements for Vessels Which Have Their Keel
Laid or Are at a Similar Stage
of Construction on or After or
Which Undergo a Major Conversion Completed on or After
September 15, 1991, and That
Operate With More Than 16
Individuals on Board
§ 28.300 Applicability and general requirements.
Each commercial fishing industry
vessel which has its keel laid or is at a
similar stage of construction, or which
undergoes a major conversion completed on or after September 15, 1991,
and that operates with more than 16 individuals on board, must comply with
the requirements of this subpart in addition to the requirements of subparts
A, B, and C of this part.
[USCG-2004–18884, 69 FR 58344, Sept. 30, 2004]
§ 28.305 Lifesaving
and
signaling
equipment.
Each vessel to which this subpart applies must meet the requirements for
life preservers, immersion suits, ring
life buoys, distress signals, and survival craft in §§ 28.110, 28.115, 28.145 and
table 28.120 (a), (b), or (c), as appropriate for the vessel type, on the date
that its construction or major conversion is completed.
§ 28.310 Launching of survival craft.
A gate or other opening must be provided in the deck rails, lifelines, or bulwarks adjacent to the stowage location
of each survival craft which weighs
more than 110 pounds (489 Newtons), to
allow the survival craft to be manually
launched.
§ 28.315 Fire pumps, fire mains, fire
hydrants, and fire hoses.
(a) Each vessel 36 feet (11.8 meters) or
more in length must be equipped with
a self-priming, power driven fire pump
connected to a fixed piping system.
(1) A fire pump on a vessel 79 feet (24
meters) or more in length must be capable of delivering water simultaneously from the two highest hydrants,
or from both branches of the fitting if
the highest hydrant has a siamese fitting, at a pitot tube pressure of at least
50 psi (0.345 Newtons per square millimeter) and a flow rate of at least 80
gpm (303 liters per minute).
(2) Each vessel with a power driven
fire pump must be equipped to permit
energizing the fire main from the operating station and from the pump.
(b) Fire main, hydrants, hoses and nozzles. (1) A vessel required to have a
fixed fire main system must have a sufficient number of fire hydrants to
reach any part of the vessel using a
single length of fire hose.
(2) A fire hose must be connected to
each fire hydrant at all times the vessel is operating.
(3) A fire hose on a vessel less than 79
feet (24 meters) in length must be at
least 5⁄8 inch (16 millimeters) nominal
diameter, be of good commercial grade
and be fitted with a nozzle of corrosion
resistant material capable of providing
a solid stream and a spray pattern.
(4) A fire hose on a vessel 79 feet (24
meters) or more in length must be
lined commercial fire hose and be
fitted with a nozzle made of corrosion
resistant material capable of providing
a solid stream and a spray pattern.
§ 28.320 Fixed gas fire extinguishing
systems.
(a) Requirements for vessels 79 feet (24
meters) or more in length. A vessel 79 feet
(24 meters) or more in length must be
fitted with a fixed gas fire extinguishing system in the following enclosed spaces:
(1) A space containing an internal
combustion engine of more than 50
horsepower;
(2) A space containing an oil fired
boiler;
(3) An incinerator and;
(4) A space containing a gasoline
storage tank.
(b) System types and alternatives. (1) A
pre-engineered fixed gas fire extinguishing system may be installed only
in a normally unoccupied machinery
space, paint locker, or space containing
flammable liquid stores that has a
gross volume of not more than 33.98
cubic meters (1200 cubic feet).
(2) A fixed gas fire extinguishing system that is capable of automatic discharge upon heat detection may be installed only in a normally unoccupied
space with a gross volume of not more
315
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00325
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.325
46 CFR Ch. I (10–1–11 Edition)
than 169.92 cubic meters (6000 cubic
feet).
(3) A space with a gross volume exceeding 169.92 cubic meters (6000 cubic
feet) must be fitted with a manually
actuated and alarmed fixed gas fire extinguishing system.
(c) General requirements. (1) A fixed
gas fire extinguishing system aboard a
vessel must be approved by the Commandant and be custom engineered,
unless the system meets the requirements for a pre-engineered fixed gas
fire extinguishing system in paragraph
(d) of this section.
(2) System components must be listed and labeled by an independent, nationally recognized testing laboratory
for the system being installed.
(3) System design and installation
must be in accordance with the Manufacturer’s Marine Design, Installation,
Operation, and Maintenance Manual
approved for the system by the Commandant.
(4) A fixed gas fire extinguishing system may protect more than one space.
The quantity of extinguishing agent
must be at least sufficient for the largest space protected by the system.
(d) Pre-engineered fixed gas fire extinguishing systems. (1) A pre-engineered
fixed gas fire extinguishing system
must:
(i) Be approved by the Commandant;
(ii) Be capable of manual actuation
from outside the space in addition to
any automatic actuation devices; and
(iii) Automatically shut down all
power ventilation systems serving the
protected space and all engines that
draw intake air from within the protected space.
(2) A vessel on which a pre-engineered fixed gas fire extinguishing system is installed must have the following equipment at the operating station:
(i) A visual alarm to indicate the discharge of the extinguishing agent;
(ii) An audible alarm to sound upon
discharge of the extinguishing agent;
and
(iii) A means to reset devices used to
automatically shut down ventilation
systems and engines as required by
paragraph (d)(1)(iii) of this section.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended by CGD 96–046, 61 FR 57275, Nov. 5,
1996]
§ 28.325 Fire detection systems.
(a) Each accommodation space must
be equipped with an independent modular smoke detector or a smoke actuated fire detecting unit installed in accordance with 46 CFR part 76, subpart
76.33.
(b) An independent modular smoke
detector must meet UL 217 and be listed as a ‘‘Single Station Smoke Detector—Also suitable for use in Recreational Vehicles.’’
§ 28.330 Galley hood and other fire
protection equipment.
(a) Each vessel must be fitted with a
grease extraction hood complying with
UL 710 above each grill, broiler, and
deep fat fryer.
(b) Each grease extraction hood must
be equipped with a pre-engineered dry
or wet chemical fire extinguishing system meeting the applicable sections of
NFPA 17 or 17A and must be listed by
an independent laboratory.
(c) A vessel 79 feet (24 meters) or
more in length must have at least one
fire axe located in or adjacent to the
operating station.
§ 28.335 Fuel systems.
(a) Applicability. Except for the components of an outboard engine or portable bilge pump, each vessel must meet
the requirements of this section.
(b) Portable fuel systems. Portable fuel
systems including portable tanks and
related fuel lines and accessories are
prohibited except where used for outboard engines or portable bilge pumps.
The design, construction, and stowage
of portable tanks and related fuel lines
and accessories must meet the requirements of ABYC H–25.
(c) Fuel restrictions. Except for outboard engines, the use of fuel other
than bunker C or diesel is prohibited.
An installation using bunker C must
comply with the requirements of subchapter F of this chapter.
(d) Vent pipes for integral fuel tanks.
Each integral fuel tank must meet the
requirements of this paragraph.
316
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00326
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.345
(1) Each fuel tank must be fitted with
a vent pipe connected to the highest
point of the tank terminating in a 180
degree (3.14 radians) bend on a weather
deck and fitted with a flame screen.
(2) Except where provision is made to
fill a tank under pressure, the net
cross-sectional area of the vent pipe for
a fuel tank must not be less than 0.484
square inches (312.3 square millimeters).
(3) Where provision is made to fill a
tank under pressure, the net cross-sectional area of the vent pipe must not
be less than that of the fill pipe.
(e) Fuel piping. Except as permitted
in paragraph (e)(1) and (e)(2) of this
section, each fuel line must be seamless and must be of steel, annealed copper, nickel-copper, or copper-nickel.
Each fuel line must have a wall thickness of not less than that of 0.035 inch
(0.9 millimeters) except that:
(1) Aluminum piping is acceptable on
an aluminum hull vessel provided it is
installed outside the machinery space
and is at least Schedule 80 in thickness; and
(2) Nonmetallic flexible hose is acceptable but must—
(i) Not be used in lengths of more
than 30 inches (0.82 meters);
(ii) Be visible, easily accessible, and
must not penetrate a watertight bulkhead;
(iii) Be fabricated with an inner tube
and a cover of synthetic rubber or
other suitable material reinforced with
wire braid.
(iv) Be fitted with suitable, corrosion
resistant, compression fittings; and
(v) Be installed with two clamps at
each end of the hose, if designed for use
with clamps. Clamps must not rely on
spring tension and must be installed
beyond the bead or flare or over the
serrations of the mating spud, pipe, or
hose fitting.
(f) A fuel line subject to internal
head pressure from fuel in the tank
must be fitted with a positive shutoff
valve located at the tank which is operable from a safe location outside the
space in which the valve is located.
(g) A vessel less than 79 feet (24 meters) in length may comply with one of
the following standards in lieu of the
requirements 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 engine
and fuel tank spaces.
(a) Applicability. Each vessel with a
gasoline outboard engine or gasoline
storage tank must comply with the requirements of this section.
(b) Ventilation of spaces containing
gasoline. Each space that contains a
gasoline engine, a gasoline storage
tank, or gasoline piping connected to
an integral gasoline tank must be open
to the atmosphere and so arranged as
to prevent the entrapment of vapors or
be ventilated by a mechanical exhaust
system with a nonsparking fan. The
fan motor must comply with 46 CFR
111.105–23.
(c) Alternative standards. A vessel less
than 65 feet in length with ventilation
installations in accordance with NFPA
302, chapter 2, section 2–2, or ABYC H–
2 and 33 CFR part 183, subpart K, will
be considered as meeting the requirements of this section.
§ 28.345 Electrical standards for vessels less than 79 feet (24 meters) in
length.
(a) A vessel less than 79 feet (24 meters) in length with an alternating current electrical distribution system may
comply with the requirements of ABYC
E–8 and either paragraph (c) or (d) of
this section, as applicable, in lieu of
meeting the requirements of §§ 28.350
through 28.370.
(b) A vessel less than 79 feet (24 meters) in length with a direct current
system may comply with the requirements of ABYC E–1, ABYC E–9, and either paragraph (c) or (d) of this section,
as applicable, in lieu of meeting the requirements of §§ 28.350 through 28.370.
(c) In addition to paragraph (a) or (b)
of this section, the vessel may comply
with the requirements of NFPA 302,
chapters 7 and 8.
(d) In addition to paragraph (a) or (b)
of this section, the vessel may comply
with the requirements of 33 CFR part
183, subpart I and § 28.370.
317
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00327
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.350
46 CFR Ch. I (10–1–11 Edition)
§ 28.350 General requirements for electrical systems.
(a) Electrical equipment exposed to
the weather or in a location exposed to
seas must be waterproof, watertight, or
enclosed in a watertight housing.
(b) Aluminum must not be used for
current carrying parts of electrical
equipment or wiring.
(c) As far as practicable, electrical
equipment must not be installed in
lockers used to store paint, oil, turpentine, or other flammable or combustible liquid. If electrical equipment,
such as lighting, is necessary in these
spaces, it must be explosion-proof or
intrinsically safe.
(d) Explosion-proof and intrinsically
safe equipment must meet the requirements of 46 CFR part 111, subpart
111.105.
(e) Metallic enclosures and frames of
electrical equipment must be grounded.
(f) Each vessel with a nonmetallic
hull must have a continuous, non-current carrying grounding conductor
which connects together the enclosures
and frames of electrical equipment and
which connects metallic items such as
engines, fuel tanks, and equipment enclosures to a common ground point.
(g) The equipment grounding conductor must be sized in accordance
with section 250–95 of NFPA Standard
70.
§ 28.355 Main
power.
source
of
electrical
(a) Applicability. Each vessel that relies on electricity to power any of the
following essential loads must have at
least two electrical generators to supply these loads:
(1) The propulsion system and its
necessary auxiliaries and controls;
(2) Interior lighting;
(3) Steering systems;
(4) Communication systems;
(5) Navigation equipment and navigation 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.
§ 28.360 Electrical distribution systems.
(a) Each electrical distribution system which has a neutral bus or conductor must have the neutral bus or
conductor grounded.
(b) A grounded electrical distribution
system must have only one connection
to ground. This ground connection
must be at the switchboard or, on a
nonmetallic vessel, at the common
ground point.
§ 28.365 Overcurrent protection and
switched circuits.
(a) Each power source must be protected against overcurrent. Overcurrent devices for generators must be set
at a value not exceeding 115 percent of
the generator full load rating.
(b) Except for a steering circuit, each
circuit must be protected against both
overload and short circuit. Each overcurrent device in a steering system
power and control circuit must provide
short circuit protection only.
(c) Each ungrounded current carrying
conductor must be protected in accordance with its current carrying capacity
by a circuit breaker or fuse at the connection to the switchboard or distribution panel bus.
(d) Each circuit breaker and each
switch must simultaneously open all
ungrounded conductors.
(e) The grounded conductor of a circuit must not be disconnected by a
switch or an overcurrent device unless
all ungrounded conductors of the circuit are simultaneously disconnected.
(f) Navigation light circuits must be
separate, switched circuits having
fused disconnect switches or circuit
breakers so that only the appropriate
navigation lights can be switched on.
(g) A separate circuit with overcurrent protection at the main distribution panel or switchboard must be provided for each radio installation.
§ 28.370 Wiring methods and materials.
(a) All cable and wire must have insulated, stranded copper conductors of
the appropriate size and voltage rating
for the circuit.
(b) Each conductor must be No. 22
AWG or larger. Conductors in power
and lighting circuits must be No. 14
AWG or larger. Conductors must be
318
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00328
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.380
sized so that the voltage drop at the
load terminals is not more than 10 percent.
(c) Cable and wiring not serving
equipment in a high risk fire area such
as a galley, laundry, or machinery
space must be routed as far as practicable from these spaces. As far as
practicable, cables serving duplicated
essential equipment must be separated
so that a casualty that affects one
cable does not affect the other.
(d) Cable and wire for power and
lighting 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 insulated cable and dry location cable must
not be used;
(ii) Be listed by Underwriters Laboratories Inc. as UL Boat or UL Marine
Shipboard cable; or
(iii) Meet 46 CFR part 111, subpart
111.60.
(e) All metallic cable armor must be
electrically continuous and grounded
to the metal hull or the common
ground point at each end of the cable
run, except that final sub-circuits
(those supplying loads) may be grounded at the supply end only.
(f) A wiring termination and connection must be made in a fire retardant
enclosure such as a junction box, fixture enclosure, or panel enclosure. A
fire retardant plastic enclosure is acceptable.
§ 28.375 Emergency source of electrical
power.
(a) Each vessel must have an emergency source of electrical power which
is independent of the main sources of
electrical power and which is located
outside the main machinery space.
(b) The emergency source of electrical power must be capable of supplying all connected loads continuously for at least 3 hours.
(c) Except as provided in paragraphs
(d) and (e) of this section, the following
electrical loads must be connected to
the emergency source of power:
(1) Navigation lights;
(2) Steering systems;
(3) Bilge pumps;
(4) Fire protection and detection systems, including fire pumps;
(5) Communication equipment;
(6) General alarm system and;
(7) Emergency lighting.
(d) A vessel less than 36 feet (11.0 meters) in length need only supply communication equipment by an emergency source of electrical power if
flashlights are provided.
(e) A vessel less than 79 feet (24 meters) in length which is not dependent
upon electrical power for propulsion,
including propulsion control systems
or steering, need only supply emergency lighting, navigation equipment,
general alarm system, and communication systems by the emergency source
of power.
(f) Where the emergency source of
power is a generator, the generator
prime mover must have a fuel supply
which is independent of other prime
movers.
[CGD 88–079; 56 FR 40393, Aug. 14, 1991; 56 FR
49822, Oct. 1, 1991]
§ 28.380 General structural fire protection.
(a) Fire hazards to be minimized. Each
vessel must be constructed so as to
minimize fire hazards insofar as is reasonable and practicable.
(b) Combustibles insulated from heated
surfaces. An internal combustion engine exhaust, galley uptake, electrical
heating tape, or similar source of ignition must be kept clear of and suitably
insulated from combustible material. A
dry exhaust system for an internal
combustion engine on a wooden or fiber
reinforced plastic vessel must be installed in accordance with ABYC P–1.
(c) Separation of machinery and fuel
tank spaces from accommodation spaces.
(1) Each accommodation space must be
separated from machinery and fuel
tank spaces by a fire resistant boundary which will prevent the passage of
vapors.
(2) Each pipe and cable penetration
between an accommodation space and a
machinery or a fuel tank storage space
must be sealed.
(d) Paint and flammable liquid lockers.
Each vessel carrying paint and flammable liquids must be equipped with a
steel or a steel lined storage locker.
319
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00329
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.385
46 CFR Ch. I (10–1–11 Edition)
(e) Insulation. Except as provided in
paragraphs (e)(1) and (e)(2) of this section, insulation must be noncombustible.
(1) In machinery spaces, combustible
insulation may be used for pipe and
machinery lagging.
(2) In cargo spaces and refrigerated
compartments of service spaces, combustible insulation may be used.
(f) Vapor barrier. Where insulation of
any type is used in spaces where flammable and combustible liquids or vapors are present, e.g., machinery spaces
and paint lockers, a vapor barrier
which covers the insulation must be
provided.
(g) Paint. Nitrocellulose or other
highly flammable or noxious fume producing paints or lacquers must not be
used on the vessel.
(h) Mattresses. Polyurethane foam
mattresses are prohibited.
NOTE: The U.S. Department of Commerce
Standard for Mattress Flammability (FF4–
72.16) in 16 CFR part 1632, subpart A, applies
to each mattress.
(i) Fiber reinforced plastic. When the
hull, a deck, deckhouse, or superstructure of a vessel is partially or
completely constructed of fiber reinforced plastic, the resin used must be
fire retardant.
(j) Cooking areas. Vertical or horizontal surfaces within 0.9144 meters (3
feet) of cooking appliances must be
composed of noncombustible material
or covered by noncombustible material. Curtains, draperies, or free hanging fabrics are not permitted within
0.9144 meters (3 feet) of cooking appliances.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR
49822, Oct. 1, 1991, as amended by CGD 96–046,
61 FR 57275, Nov. 5, 1996; CGD 95–028, 62 FR
51197, Sept. 30, 1997]
§ 28.385 Structural fire protection for
vessels that operate with more than
49 individuals on board.
(a) Applicability. Each vessel that operates with more than 49 individuals on
board must comply with the requirements of this section in addition to the
requirements of § 28.380.
(b) Construction. The hull, structural
bulkheads, columns and stanchions
must be composed of steel. Superstructures and deckhouses must be
constructed of noncombustible material.
(c) Protection of accommodation spaces.
A bulkhead or deck separating an accommodation space from a control station, machinery space, cargo space, or
service space must be constructed of
noncombustible material.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR
49822, Oct. 1, 1991]
§ 28.390
Means of escape.
(a) Each space which is used by an individual on a regular basis or which is
generally accessible to an individual
must have at least two widely separated means of escape. At least one of
the means of escape must be independent of watertight doors. Subject to
the restrictions of this section, means
of escape include normal exits and
emergency exits, passageways, stairways, ladders, deck scuttles, and windows.
(b) At least one of the means of escape from each space must provide a
satisfactory route to weather.
(c) Each door, hatch or scuttle used
as a means of escape must be capable of
being opened by one individual, from
either side, in both light and dark conditions, must open towards the expected direction of escape from the
space served, and if a watertight door
be of the quick acting type.
(d) Each deck scuttle which serves as
a means of escape, must be fitted with
a quick-acting release and a device to
hold the scuttle in an open position.
(e) Each foothold, handhold, ladder,
or similar structure, provided to aid escape, must be suitable for use in emergency conditions and must be of rigid
construction.
(f) A window or windshield of sufficient size and proper accessibility may
be used as one of the required means of
escape from an enclosed space.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended by USCG–2008–0906, 73 FR 56509,
Sept. 29, 2008]
§ 28.395
Embarkation stations.
Each vessel must have at least one
designated survival craft embarkation
station and any additional embarkation stations necessary so that an
320
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00330
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.500
embarkation station is readily accessible from each accommodation space
and work space. Each embarkation station must be arranged to allow the safe
boarding of survival craft.
§ 28.400 Radar and depth sounding devices.
(a) Each vessel must be fitted with a
general marine radar system for surface navigation with a radar screen
mounted at the operating station.
(b) Each vessel must be fitted with a
suitable echo depth sounding device.
§ 28.405 Hydraulic equipment.
(a) Each hydraulic system must be so
designed and installed that proper operation of the system is not affected by
back pressure in the system.
(b) Piping and piping components
must be designed with a burst pressure
of not less than four times the system
maximum operating pressure.
(c) Each hydraulic system must be
equipped with at least one pressure relieving device set to relieve at the system’s maximum operating pressure.
(d) All material in a hydraulic system must be suitable for use with the
hydraulic fluid used and must be of
such chemical and physical properties
as to remain ductile at the lowest operating temperature likely to be encountered by the vessel.
(e) Except for hydraulic steering
equipment, controls for hydraulic
equipment must be located where the
operator has an unobstructed view of
the hydraulic equipment and the adjacent working area.
(f) Controls for hydraulic equipment
must be so arranged that the operator
is able to quickly disengage the equipment in an emergency.
(g) Hydraulically operated machinery
must be equipped with a holding device
to prevent uncontrolled movement due
to loss of hydraulic system pressure.
(h) A nonmetallic flexible hose must
only be used between two points of relative motion, including a pump and
piping system, and must meet SAE J
1942.
(i) Each nonmetallic flexible hose
and hose assembly must be installed in
accordance with the manufacturer’s
rating and guidelines and must be limited to a length of not more that 30
inches (0.76 meters) in an application
not subject to torsional loading.
§ 28.410 Deck rails, lifelines, storm
rails, and hand grabs.
(a) Except as otherwise provided in
paragraph (d) of this section, deck
rails, lifelines, grab rails, or equivalent
protection must be installed near the
periphery of all weather decks accessible to individuals. Where space limitations make deck rails impractical,
hand grabs may be substituted.
(b) The height of deck rail, lifelines,
or bulwarks must be at least 391⁄2
inches (1 meter) from the deck, except,
where this height would interfere with
the normal operation of the vessel, a
lesser height may be substituted.
(c) All deck rails or lifelines must be
permanently supported by stanchions
at intervals of not more than 7 feet (2.3
meters). Stanchions must be through
bolted or welded to the deck.
(d) Portable stanchions and lifelines
may be installed in locations where
permanently installed deck rails would
impede normal fishing operations or
emergency recovery operations.
(e) Deck rails or lifelines must consist of evenly spaced courses. The spacing between courses must not be greater than 15 inches (0.38 meters). The
opening below the lowest course must
not be more than 9 inches (0.23 meters).
Lower courses are not required where
all or part of the space below the upper
rail is fitted with a bulwark, chain link
fencing, wire mesh, or an equivalent.
(f) A suitable storm rail or hand grab
must be installed where necessary in a
passageway, at a deckhouse side, at a
ladder, and a hatch where an individual
might have normal access.
(g) A stern trawler must have doors,
gates, or other protective arrangements at the top of the stern ramp at
least as high as adjacent bulwarks or
391⁄2 inches (1 meter), whichever is less.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR
49822, Oct. 1, 1991]
Subpart E—Stability
§ 28.500 Applicability.
This subpart applies to each commercial fishing industry vessel which is 79
feet (24 meters) or more in length that
is not required to be issued a load line
321
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00331
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.501
46 CFR Ch. I (10–1–11 Edition)
under subchapter E of this chapter and
that—
(a) Has its keel laid or is at a similar
stage of construction or undergoes a
major conversion started on or after
September 15, 1991;
(b) Undergoes alterations to the fishing or processing equipment for the
purpose of catching, landing, or processing fish in a manner different than
has previously been accomplished on
the vessel—these vessels need only
comply with § 28.501 of this subpart; or
(c) Has been substantially altered on
or after September 15, 1991.
[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]
§ 28.501
Substantial alterations.
(a) Except as provided in paragraph
(b) of this section, a vessel that is substantially altered, including the cumulative effects of all alterations, need
not comply with the remainder of this
subpart, provided that it has stability
instructions developed by a qualified
individual which comply with § 28.530
(c) through (e).
(b) A vessel that is substantially altered in a manner which adversely affects its stability, including the cumulative effects of all alterations, need
not comply with the remainder of this
subpart, provided the stability instructions required by paragraph (a) of this
section are based on loading conditions
or operating restrictions, or both,
which compensate for the adverse affects of the alterations.
(c) The following changes to a vessel’s lightweight characteristics are
considered to adversely affect vessel
stability:
(1) An increase in the vertical center
of gravity at lightweight by more than
2 inches (51 millimeters) compared to
the original lightweight value.
(2) An increase or decrease of lightweight displacement by more than 3
percent of the original lightweight displacement.
(3) A shift of the longitudinal center
of gravity of more than 1 percent of the
vessel’s length.
(d) In determining whether or not a
vessel’s stability has been adversely affected, a qualified individual must, at a
minimum, consider the net effects on
stability of any:
(1) Reduction of the downflooding
angle;
(2) Increase in the maximum heeling
moment caused by fishing gear or
weight lifted over the side due to
changes in lifting arrangement or capacity;
(3) Reduction in freeing port area;
(4) Increase in free surface effects, including increased free surface effects
due to water on deck associated with
any increase in length or height of bulwarks;
(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 expected
to accumulate.
§ 28.505
Vessel owner’s responsibility.
(a) Where a test or calculations are
necessary to evaluate stability, it is
the owner’s responsibility to select a
qualified individual to perform the test
or calculations.
(b) Test results and calculations developed in evaluating stability must be
maintained by the owner.
§ 28.510
Definition of stability terms.
Downflooding means the entry of seawater through any opening into the
hull or superstructure of an undamaged
vessel due to heel, trim, or submergence of the vessel.
Downflooding angle means the static
angle from the intersection of the vessel’s centerline and the waterline in
calm water to the first opening that
cannot be closed weathertight and
through which downflooding can occur.
Flush deck means a continuous
weather deck located at the uppermost
sheer line of the hull.
Forward
perpendicular
means
a
vertical line corresponding to the
intersection of the forward side of the
vessel’s stem and the vessel’s waterline
at the vessel’s deepest operating draft.
Open boat means a vessel not protected from entry of water by means of
a complete deck, or by a combination
322
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00332
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.515
of partial weather deck and superstructure which is seaworthy for the
waters upon which the vessel operates.
Protected waters means sheltered waters presenting no special hazards such
as most rivers, harbors, lakes, and
similar waters as determined by the
OCMI.
Qualified individual means an individual or an organization with formal
training in and experience in matters
dealing with naval architecture calculations.
Substantially altered means the vessel
is physically altered in a manner that
affects the vessel’s stability and includes:
(1) Alterations that result in a
change of the vessel’s lightweight
vertical center of gravity of more than
2 inches (51 millimeters), a change in
the vessel’s lightweight displacement
of more than 3 percent, or an increase
of more than 5 percent in the vessel’s
projected lateral area, as determined
by tests or calculations;
(2) Alterations which change the vessel’s underwater shape;
(3) Alterations which change a vessel’s angle of downflooding; and
(4) Alterations which change a vessel’s buoyant volume.
Well deck means a weather deck
fitted with solid bulwarks that impede
the drainage of water over the sides or
an exposed recess in the weather deck
extending one-half or more of the
length of the vessel.
§ 28.515 Submergence test as an alternative to stability calculations.
(a) A vessel may comply with this
section in lieu of the remainder of the
requirements in this subpart. A certification plate installed under 33 CFR
part 183, subpart B, is acceptable evidence of compliance with this section.
(b) A vessel which is fitted with inboard engines and loaded as described
in paragraph (e) of this section must
float in calm water, after being submerged for 18 hours, so that—
(1) For an open vessel, any portion of
the vessel’s gunwale is above the water’s surface; or
(2) For a decked vessel, any portion
of the main deck is above the water’s
surface.
(c) A vessel which is fitted with an
outboard engine must be loaded as described in paragraph (e) of this section
and must float in calm water after
being submerged for 18 hours so that—
(1) The vessel has an equilibrium heel
angle of less than 10°;
(2) Any portion of the vessel’s hull is
above the water’s surface; and
(3) Any portion of the lowest 3 feet
(0.91 meters) of the vessel’s hull is not
more than 6 inches (152 millimeters)
below the water’s surface as measured
at the lowest point on the following—
(i) The gunwale, for an open boat; or
(ii) The main deck, for a decked vessel.
(d) A vessel which is fitted with an
outboard engine must be loaded as described in paragraph (f) of this section
and must survive the submergence described in paragraph (c) of this section,
except that the equilibrium heel angle
must not exceed 30° and the vessel
must float with the lower end of the
vessel not more than 12 inches (0.31 meters) below the water’s surface in calm
water.
(e) For the tests described in paragraphs (b) and (c) of this section, a vessel must be complete in all respects,
except that machinery which would be
damaged by water may be replaced
with equivalent fixed weight in the
same location as the machinery it replaces. The vessel must be loaded with
weight to represent the most adverse
loading condition. The most adverse
loading condition normally includes
the maximum weight of fish in its
highest possible location. Weights
must be substituted for operating personnel at 165 pounds (734 Newtons) per
individual and may be substituted for
fishing gear. The substitute weights
may be located transversely so that
the vessel floats level prior to being
submerged. The two largest air chambers, or compartments of a decked vessel not used as fuel tanks, that contribute buoyancy to the vessel must be
flooded.
(f) For the test described in paragraph (d) of this section, a vessel must
be complete and loaded as described in
paragraph (e) of this section, except
323
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00333
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§§ 28.520–28.525
46 CFR Ch. I (10–1–11 Edition)
that the center of gravity of the equivalent maximum fish load must be located to one side of the vessel’s centerline by a distance equal to one-fifth of
the maximum transverse dimension of
the fish storage space.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended by USCG-2004–18884, 69 FR 58344,
Sept. 30, 2004]
§§ 28.520–28.525
[Reserved]
§ 28.530 Stability instructions.
(a) Intent. The intent of this section
is to ensure that vessel masters and individuals in charge of vessels are provided with enough stability information to allow them to maintain their
vessel in a satisfactory stability condition. The rules provide maximum flexibility for owners and qualified individuals to determine how this information
is conveyed, taking into consideration
decisions by operating personnel must
be made quickly and that few operating personnel in the commercial fishing industry have had specialized training in stability. Therefore, stability instructions should take into account
the conditions a vessel may reasonably
be expected to encounter and provide
simple guidance for the operating personnel to deal with these situations.
(b) Each vessel must be provided with
stability instructions which provide
the master or individual in charge of
the vessel with loading constraints and
operating restrictions which maintain
the vessel in a condition which meets
the applicable stability requirements
of this subpart.
(c) Stability instructions must be developed by a qualified individual.
(d) Stability instructions must be in
a format easily understood by the master or individual in charge of the vessel. Units of measure, language, and
rigor of calculations in the stability instructions must be consistent with the
ability of the master or the individual
in charge of the vessel. The format of
the stability instructions may include,
at the owner’s discretion, any of the
following:
(1) Simple loading instructions;
(2) A simple loading diagram with instructions;
(3) A stability booklet with sample
calculations; or
(4) Any other appropriate format for
providing stability instructions.
(e) Stability instructions must be developed based on the vessel’s individual
characteristics and may include the
following, as appropriate for the format chosen for presentation:
(1) A general description of the vessel, including lightweight data;
(2) Instructions on the use of the information;
(3) General arrangement plans showing watertight compartments, closures,
vents, downflooding angles, and allowable weights;
(4) Loading restrictions, such as diagrams, tables, descriptions or maximum KG curves;
(5) Sample loading conditions;
(6) General precautions for preventing unintentional flooding;
(7) Capacity plan or tank sounding
tables showing tank and hold capacities, centers of gravity, and free surface effects;
(8) A rapid and simple means for evaluating any specific loading condition;
(9) The amount and location of fixed
ballast;
(10) Any other necessary guidance for
maintaining adequate stability under
normal and emergency conditions;
(11) A general description of the stability criteria that are used in developing the instructions;
(12) Guidance on the use of roll limitation devices such as stabilizers; and
(13) Any other information the owner
feels is important to the stability and
operation of the vessel.
§ 28.535
Inclining test.
(a) Except as provided in paragraphs
(b) and (c) of this section, each vessel
for which the lightweight displacement
and centers of gravity must be determined in order to do the calculations
required in this subpart must have an
inclining test performed.
(b) A deadweight survey may be substituted for the inclining test, if there
is a record of an inclining test of a sister vessel. A vessel qualifies as a sister
vessel if it is built to the same basic
drawings and the undocumented weight
difference between the two vessels is
less than 3 percent of the lightweight
displacement of the vessel which was
324
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00334
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.545
inclined and the location of the longitudinal center of gravity differs less
than 1 percent of the vessel’s length.
(c) A deadweight survey may be substituted for the inclining test, or the
inclining test may be dispensed with, if
an accurate estimate of the vessel’s
lightweight characteristics can be
made and the precise location of the
position of the vessel’s vertical center
of gravity is not necessary to ensure
that the vessel has adequate stability
in all probable loading conditions.
(d) ASTM F 1321 (incorporated by reference, see § 28.40), with the exception
of Annexes A and B, may be used as
guidance for any inclining test or deadweight survey conducted under this
section.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended by USCG-1999–5151, 64 FR 67176, Dec.
1, 1999]
§ 28.540
Free surface.
(a) When doing the stability calculations required by this subpart, the virtual rise in the vessel’s vertical center
of gravity due to liquids in tanks must
be considered by calculating the following—
(1) For each type of consumable liquid, the maximum free surface effect of
a tank, or a transverse pair of tanks,
having the greatest free surface effect,
in addition to a correction for service
tanks; and
(2) The free surface effect of each partially filled tank and hold containing a
liquid that is not a consumable or containing fish or a fish product that can
shift as the vessel heels. This should
include correction for any loose water
within the vessel’s hull associated with
the processing of fish.
(b) The free surface effect of tanks
fitted with cross connection piping
must be calculated assuming the tanks
are one common tank, unless valves
that will be kept closed to prevent the
transfer of liquids as the vessel heels
are installed in the piping.
(c) The moment of transference
method may be used in lieu of the inertia method when calculating free surface effects.
§ 28.545 Intact stability when using
lifting gear.
(a) Each vessel which lifts a weight
over the side, or that uses fishing gear
that can impose an overturning moment on the vessel, such as trawls and
seines, must meet the requirements of
this section if that maximum heeling
moment exceeds 0.67(W)(GM)(F/B), in
foot-long tons (meter-metric tons),
where:
W=displacement of the vessel with
the lifted weight or the force on the
fishing gear included, in long tons
(metric tons);
GM=metacentric height with the lifted weight or force on the fishing gear
included, in feet (meters);
F=freeboard to the lowest weather
deck, 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 must
meet the requirements of § 28.570 or
have at least 15 foot-degrees (0.080
meter-radians) of area under the righting arm curve, after correcting the
righting arms for the heeling arm
caused by lifting or fishing gear, from
the angle of equilibrium to the least of
the following:
(1) The angle corresponding to the
maximum 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 the
lifting moment or the moment of fishing gear and the righting arm curve
must not be at an angle of more than
10° (0.17 radians).
(d) The heeling arm curve resulting
from lifting must be calculated as the
resultant of the upright heeling moment divided by the vessel’s displacement multiplied by the cosine of the
angle of heel.
(e) For the purposes of this section,
the weight of suspended loads must be
assumed to act at the tip of the boom
unless the suspended load’s transverse
movement is restricted, such as by the
use of sideboards.
(f) A vessel that operates on protected waters, as defined in § 170.050 of
this chapter, must comply with the requirements of this section, except that
the area described in paragraph (b) of
325
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00335
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.550
46 CFR Ch. I (10–1–11 Edition)
this section must be at least 10 foot-degrees (0.053 meter-radians).
§ 28.550
Icing.
(a) Applicability. Each vessel that operates north of 42° North latitude between November 15 and April 15 or
south of 42° South latitude between
April 15 and November 15 must meet
the requirements of this section.
(b) Except as provided in paragraph
(d) of this section, the weight of assumed ice on each surface above the
waterline of a vessel which operates
north of 66°30′ North latitude or south
of 66° South latitude must be assumed
to be at least:
(1) 6.14 pounds per square foot (30
Kilograms per square meter) of horizontal projected area which corresponds to a thickness of 1.3 inches (33
millimeters); and
(2) 3.07 pounds per square foot (15
Kilograms per square meter) of vertical
projected area which corresponds to a
thickness of 0.65 inches (16.5 millimeters).
(c) Except as provided in paragraph
(d) of this section, the weight of assumed ice on a vessel that operates
north of 42° North but south of 66°30′
North latitude or south of 42° South
but north of 66° South latitude must be
assumed to be at least one-half of the
values required by paragraphs (b)(1)
and (b)(2) of this section.
(d) The height of the center of gravity of the accumulated ice should be
calculated according to the position of
each corresponding horizontal surface
(deck and gangway) and each other
continuous surface on which ice can
reasonably be expected to accumulate.
The projected horizontal and vertical
area of each small discontinuous surface such as a rail, a spar, and rigging
with no sail can be accounted for by increasing the calculated area by 15 percent.
(e) The weight and location of ice
must be included in the vessel’s weight
and centers of gravity in each condition of loading when performing the
stability calculations required by this
subpart.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR
47679, Sept. 20, 1991]
§ 28.555
Freeing ports.
(a) Except as provided in paragraph
(i) of this section, each decked vessel
fitted with bulwarks must be fitted
with freeing ports.
(b) Freeing ports must be located to
allow the rapid clearing of water in all
probable conditions of list and trim.
(c) Except as provided by paragraphs
(d) through (h) of this section, the aggregate clear area of freeing ports on
each side of the vessel must not be less
than 0.71 plus 0.035 times the length of
the bulwark, in meters, for area in
square meters, or 7.6 plus 0.115 times
the length of the bulwark, in feet, for
the area in square feet. The length of
bulwark need not exceed 0.7 times the
overall length of the vessel.
(d) Except as provided in paragraphs
(e) through (h) of this section, for bulwarks which exceed 20.11 meters (66
feet) in length, the aggregate clear
area of freeing ports on each side of the
vessel must not be less than 0.07 times
the length of the bulwark, in meters,
for an area in square meters (0.23 times
the length of the bulwark in feet, for
an area in square feet). The length of
the bulwark need not exceed 0.7 times
the overall length of the vessel.
(e) For a bulwark more than 4 feet
(1.22 meters) in height, the freeing port
area required by paragraphs (c) or (d)
of this section must be increased in accordance with the following formula:
i=[h¥4]0.04q,
(i=[h¥1.722].04q,
for
metric units), where:
i=increase in freeing port area, in
square 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 (0.91
meters) in height, the required freeing
port area, required by paragraph (c) or
(d) of this section, may be decreased in
accordance with the following formula:
r=[3¥h]0.04q,
(r=[h¥0.91¥h]0.04q),
where:
r=permitted reduction in freeing port
area, 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, in
feet (meters).
326
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00336
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.565
(g) For a vessel without sheer, the
freeing port area must be increased by
50 percent.
(h) The area of the freeing ports on a
vessel that operates on protected waters need only be 50 percent of the area
required by paragraphs (c) or (d) of this
section.
(i) Freeing port covers are permitted
provided that the freeing port area required by this section is not diminished
and the covers are constructed and
fitted so that water will readily flow
outboard but not inboard.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as
amended by CGD 96–046, 61 FR 57276, Nov. 5,
1996]
§ 28.560 Watertight and weathertight
integrity.
(a) Each opening in a deck or a bulkhead that is exposed to weather must
be fitted with a weathertight or a watertight closure device.
(b) Except as provided in paragraphs
(c) through (f) of this section, each
opening in a deck or a bulkhead that is
exposed to weather must be fitted with
a watertight coaming as follows:
(1) For a vessel 79 feet (24 meters) or
more in length, the coaming must be at
least 24 inches (0.61 meters) in height;
or
(2) For a vessel less than 79 feet (24
meters) in length, the coaming must be
at least 12 inches (0.30 meters) in
height.
(c) A coaming to a fish hold that is
under constant attention when the closure is not in place need only be 6
inches (0.15 meters) in height.
(d) The coaming of an opening fitted
with a quick-acting watertight closure
device need only be of sufficient height
to accommodate the device.
(e) Except on an exposed forecastle
deck, a coaming is not required on a
deck above the lowest weather deck.
(f) Each window and portlight located
below the first deck above the lowest
weather deck must be provided with an
inside deadlight. Each deadlight must
be efficient, hinged, and arranged so
that it can be effectively closed watertight.
(g) An opening in a vessel below the
weather deck which is used for discharging water or debris resulting from
processing or sorting operations must
be fitted with a means to ensure the
opening can be closed weathertight.
This means of closing must be operable
from a location which is outside the
space containing the opening.
§ 28.565
Water on deck.
(a) Each vessel with bulwarks must
comply with the requirements of this
section.
(b) Except for a vessel that operates
on protected waters, the residual righting energy, ‘‘b’’ in Figure 28.565, must
not be less than the water on deck
heeling energy, ‘‘a’’ in Figure 28.565.
(c) The water on deck heeling energy
must be determined assuming the following:
(1) The deck well is filled to the top
of the bulwark at its lowest point and
the vessel heeled to the angle at which
this point is immersed;
(2) Water does not run off through
the freeing ports;
(3) Vessel trim and displacement are
constant and equal to the values of the
vessel without the water on deck; and
(4) Water in the well is free to run-off
over the top of the bulwark.
(d) The residual righting energy is
the righting energy from the value
where the righting arm equals the
water on deck heeling arm up to the
lesser of the values of 40° (0.70 radians)
of heel or the downflooding angle.
327
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00337
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.570
§ 28.570
46 CFR Ch. I (10–1–11 Edition)
Intact righting energy.
(a) Except as provided in paragraph
(c) of this section, each vessel must
have the following properties in each
condition of loading:
(1) An initial metacentric height
(GM) of at least 1.15 feet (0.35 meters);
(2) A righting arm (GZ) of at least
0.66 feet (0.2 meters) at an angle of heel
not less than 30° (0.52 radians);
(3) A maximum righting arm that occurs at an angle of heel not less than
25° (0.44 radians);
(4) An area under each righting arm
curve of at least 16.9 foot-degrees (0.090
meter-radians) up to the lesser of 40°
(0.70
radians)
or
the
angle
of
downflooding;
(5) An area under each righting arm
curve of at least 10.3 foot-degrees (0.055
meter-radians) up to an angle of heel of
30° (0.52 radians);
(6) An area under each righting arm
curve of at least 5.6 foot-degrees (0.030
meter-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 righting
arms through an angle of heel of 60°
(1.05 radians).
(b) In lieu of meeting the requirements of paragraph (a)(7) of this section, a vessel may comply with the following provisions:
(1) Hatches in the watertight/weathertight envelope must be normally
kept closed at sea (e.g., the live tank
hatch is only opened intermittently,
under controlled conditions); or
(2) Unintentional flooding through
these hatches must not result in progressive flooding to other spaces; and
(3) In all cases, a vessel must have
positive righting arms through an
angle of heel of at least 50° (0.87 radians) and the intact stability analysis
must consider that spaces accessed by
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00338
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
EC01FE91.068
328
Coast Guard, DHS
§ 28.575
such hatches to be flooded full or flooded to the level having the most detrimental effect on stability when free
surface effects are considered.
(c) In lieu of meeting the requirements of paragraph (a) of this section,
a vessel may comply with the provisions of § 170.173(c) of this chapter, provided that righting arms are positive
to 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 of
heel a vessel’s righting arm must be
calculated assuming the vessel is permitted to trim free until the trimming
moment is zero.
§ 28.575 Severe wind and roll.
(a) Each vessel must meet paragraphs
(f) and (g) of this section when subjected to the gust wind heeling arm
and the angle of roll to windward as
specified in this section.
(b) The gust wind heeling arm, Lw in
figure 28.575 of this chapter, must be
calculated by the following formula:
KEn(Vn2AnZn)/W
where:
K=0.00216 when consistent English units are
used or 1.113 when consistent metric units
are used.
En=series summation notation where n varies from 1 to the number of elements in the
series;
Vn=S[0.124LN(0.3048hn)+0.772], in feet per second S[0.127LN(hn)+0.772], in meters per second and is the wind speed for profile element ‘‘n’’ on a vessel;
S=64 (19.5, if metric units are used) for a
vessel that operates on protected waters;
or 85.3 (26, if metric units are used) for a
vessel that operates on waters other than
protected waters;
LN=natural logarithm;
hn=the vertical distance from the centroid of
area An to the waterline for profile element
n, in feet (meters);
An=projected lateral area for profile element
n, in square feet (square meters);
Zn=the vertical distance between the centroid of An and a point at the center of the
underwater lateral area or a point at approximately one-half of the draft, for profile element n, in feet; and
W=displacement of the loaded vessel, in
pounds (Newtons).
A1=109kXY[Square root of (rs)], in degrees,
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), in
feet (meters);
k=1.0 for round bilged vessels with no bilge
keels or bar keels; 0.7 for vessels with
sharp bilges, or the value from table 28.575
for vessels with a bar keel, bilge keels, or
both;
B=molded breadth of the vessel, in feet (meters);
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, or the
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 units are
used;
GM=metacentric height corrected for free
surface effects, as explained in § 28.540, in
feet (meters);
C=0.373+0.023(B/d)¥0.000131L or 0.373+0.023(B/
D)¥0.00043L, if metric units are used.
(d) The angle of equilibrium, Ael in
figure 28.575, is calculated by determining the lowest angle at which the
gust wind heeling arm, Lw, is equal to
the righting arm.
(e) The area ‘‘b’’ in figure 28.575 must
be measured to the least of the following:
(1) The angle of downflooding, (Af);
(2) The angle of the second intercept,
Ae2 in figure 28.575, of the wind heeling
arm curve, Lw in figure 28.575, and the
righting 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° (0.24
radians).
(g) Area ‘‘b’’ in figure 28.575 must not
be less than area ‘‘a’’ in figure 28.575.
TABLES 28.575—ROLL FACTORS
(c) The angle of roll to windward, A1,
is measured from the equilibrium
angle, Ael, and is calculated by the following formula:
B/d
X
2.4
2.5
2.6
2.7
2.8
2.9
3.0
3.1
3.2
1.0
0.98
0.96
0.95
0.93
0.91
0.90
0.88
0.86
329
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00339
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.580
46 CFR Ch. I (10–1–11 Edition)
TABLES 28.575—ROLL FACTORS—Continued
B/d
X
3.3
3.4
3.5
0.84
0.82
0.80
Note. Intermediate
interpolation.
values
must
be
obtained
Y
0.45
0.50
0.55
0.60
0.93
0.70
0.75
0.82
0.89
0.95
0.97
1.0
values
must
100Ak/(LB)
be
k
1.0
1.5
2.0
2.5
3.0
3.5
4.0
0.98
0.95
0.88
0.79
0.74
0.72
0.70
by
Note. Intermediate
interpolation.
Cb
Note. Intermediate
interpolation.
100Ak/(LB)
obtained
by
k
0
must
be
obtained
T
S
6
7
8
12
14
16
18
20
0.100
0.098
0.093
0.065
0.053
0.044
0.038
0.035
Note: Intermediate
interpolation.
1.0
values
values
must
be
obtained
by
by
[56 FR 40393, Aug. 14, 1991, CGD 88–079; 56 FR 47679, Sept. 20, 1991, CGD 88–079, as amended by
CGD 95–072, 60 FR 50461, Sept. 29, 1995; USCG-2004–18884, 69 FR 58344, Sept. 30, 2004; USCG–2008–
0906, 73 FR 56509, Sept. 29, 2008]
§ 28.580
Unintentional flooding.
(a) Applicability. Except for an open
boat that operates on protected waters
and as provided by paragraph (i) of this
section, each vessel built on or after
September 15, 1991 must comply with
the requirements of this section.
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00340
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
ER29SE08.000
330
Coast Guard, DHS
§ 28.580
(b) Collision bulkhead. A watertight
collision bulkhead must be fitted and
must meet the following:
(1) Openings in the collision bulkhead
must be kept to a minimum, and each
must be fitted with a watertight closure device;
(2) A collision bulkhead must not be
fitted with a door below the bulkhead
deck;
(3) A penetration or opening in a collision bulkhead must be—
(i) Located as high and as far inboard
as practicable; and
(ii) Fitted with a means to rapidly
make it watertight which is operable
from a location aft of the collision
bulkhead;
(4) The collision bulkhead must be located at least 5 percent of the length
from the forward perpendicular unless
the vessel has a bulbous bow, in which
case the forward reference point will be
extended by half the distance between
the vessel’s forward perpendicular and
the forwardmost point of the bulbous
bow as shown in figure 28.580; and
(5) The collision bulkhead must not
be stepped below the bulkhead deck.
(c) Each vessel must meet the survival conditions in paragraph (f) of this
section in each condition of loading
and operation with the extent and
character of damage specified in paragraphs (d) and (e) of this section.
(d) Extent and character of damage.
Except where a lesser extent of damage
or a smaller penetration would be more
disabling, in evaluating the damage
stability of a vessel the following penetration must be assumed:
(1) Longitudinal extent—L/10, or 10
feet (3.05 meters) plus 0.03L, whichever
is less. Transverse watertight bulkheads that are separated by at least
this distance may be assumed to remain effective;
(2) Transverse extent—30 inches (0.76
meters) from the side measured at
right angles to the centerline at the
level of the deepest operating waterline; and
(3) Vertical extent—from the baseline
upward without limit.
(e) Each space containing a through
hull fitting, such as the lazarette and
the engineroom, must be assumed to be
flooded.
(f) Survival conditions. A vessel is presumed to survive the assumed damage
and unintentional flooding described in
paragraphs (d) and (e) of this section if:
(1) The angle of equilibrium after
flooding does not exceed 25° (0.44 radians); and
(2) Through an angle of 20° (0.35 radians) beyond the angle of equilibrium
after 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 capable of being made weathertight; and
(iv) The heeling arm caused by deploying all fully loaded davit-launched
survival craft on one side of a vessel
does not exceed the righting arm at
any angle of heel beyond the equilibrium angle when launching is assumed on the damaged side.
(g) Permeability. The permeability of
each space must not be less than the
following:
(1) For an accommodations space—95
percent;
(2) For a propulsion machinery
space—85 percent;
(3) For a tightly packed storage
space—60 percent;
(4) For a void or an auxiliary machinery space—95 percent;
(5) For an empty fish hold—95 percent;
(6) For a full fish hold—50 percent;
and
(7) For tanks—95 percent (less if a
tank must be full to attain the draft
under consideration.)
(h) Buoyancy of superstructure. A
deckhouse or a superstructure may be
included in the buoyant volume of a
vessel provided it is:
(1) Sufficiently strong to withstand
the impact of waves;
(2) Fitted with a weathertight or watertight closure device for each opening;
(3) Equipped with an efficient,
hinged, inside deadlight, for each window and each portlight, arranged so
that it can be effectively closed watertight; and
(4) Fitted with interior access from
the spaces below.
(i) A vessel may obtain and maintain
a Load Line Certificate under subchapter E of this chapter in lieu of
331
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00341
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.580
46 CFR Ch. I (10–1–11 Edition)
meeting the requirements of paragraphs (c) through (g) of this section.
[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR 47679, Sept. 20, 1991, as amended by CGD 88–079,
57 FR 364, Jan. 6, 1992]
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00342
Fmt 8010
Sfmt 8016
Q:\46\46V1.TXT
ofr150
PsN: PC150
EC01FE91.070
332
Coast Guard, DHS
§§ 28.590–28.630
§ 28.805
[Reserved]
Subpart F—Fish Processing Vessel
§ 28.700 Applicability.
Each fish processing vessel which is
not subject to inspection under the
provisions of another subchapter of
this chapter must meet the requirements of this subpart.
§ 28.710 Examination and certification
of compliance.
(a) At least once in every two years
each vessel must be examined for compliance with the regulations of this
subchapter by the ABS, a similarly
qualified organization, or a surveyor of
an accepted organization.
(b) Each individual performing an examination under paragraph (a) of this
section, upon finding the vessel to be in
compliance with the requirements of
this chapter, must provide a written
certification of compliance to the
owner or operator of the vessel.
(c) Each certification of compliance
issued under paragraph (b) of this section must:
(1) Be signed by the individual that
performed the examination;
(2) Include the name of the organization the individual performing the examination represents or the name of
the accepted organization the individual belongs to; and
(3) State that the vessel has been examined and found to meet the specific
requirements of this chapter.
(d) A certification of compliance
issued under paragraph (b) of this section must be retained on board the vessel until superseded.
(e) A copy of the certification of compliance issued under paragraph (b) of
this section must be forwarded by the
organization under whose authority
the examination was performed to the
Coast Guard District Commander (Attention: Fishing Vessel Safety Coordinator) in charge of the district in
which the examination took place.
§ 28.720 Survey and classification.
(a) Each vessel which is built after or
which undergoes a major conversion
completed after July 27, 1990, must be
classed by the ABS, or a similarly
qualified organization.
(b) Each vessel which is classed under
paragraph (a) of this section must:
(1) Have on board a certificate of
class issued by the organization that
classed the vessel.
(2) Meet all survey and classification
requirements prescribed by the organization that classed the vessel.
Subpart G—Aleutian Trade Act
Vessels
SOURCE: CGD 94–025, 60 FR 54444, Oct. 24,
1995, unless otherwise noted.
§ 28.800 Applicability and general requirements.
(a) This subpart applies to each fish
tender vessel engaged in the Aleutian
trade that has not undergone a major
conversion and:
(1) Was operated in Aleutian trade
before September 8, 1990; or
(2) Was purchased to be used in the
Aleutian trade before September 8,
1990, and entered into service in the
Aleutian trade before June 1, 1992.
(b) Except as noted otherwise in this
subpart, a vessel subject to this subpart must also comply with the requirements of subparts A, B, and C of
this part.
(c) Each fish tender vessel engaged in
the Aleutian trade that undergoes a
major conversion after September 15,
1991 must comply with the additional
requirements of subpart D.
(d) A fish tender vessel engaged in
the Aleutian trade is subject to inspection 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 requirements in subpart B, each vessel
must have a gate or other opening in
the deck rails, lifelines, or bulwarks
adjacent to the stowage location of
each survival craft which has a mass of
more than 50 kilograms (110 pounds), so
that the survival craft can be manually
launched.
333
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00343
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.810
46 CFR Ch. I (10–1–11 Edition)
§ 28.810 Deck rails, lifelines,
rails and hand grabs.
storm
(a) Except as otherwise provided in
paragraph (d) of this section, deck
rails, lifelines, grab rails, or equivalent
protection must be installed near the
periphery of all weather decks accessible to individuals. Where space limitations 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, except
where this height will interfere with
the normal operation of the vessel, a
lesser height may be substituted.
(c) All deck rails or lifelines must be
permanently supported by stanchions
at intervals of not more than 2.3 meters (7 feet). Stanchions must be
through bolted or welded to the deck.
(d) Portable stanchions and lifelines
may be installed in locations where
permanently installed deck rails will
impede normal cargo operations or
emergency recovery operations.
(e) Deck rails or lifelines must consist of evenly spaced courses. The spacing between courses must not be greater than 0.38 meters (15 inches). The
opening below the lowest course must
not be more than 0.23 meters (9 inches).
Lower courses are not required where
all or part of the space below the upper
rail is fitted with a bulwark, chain link
fencing, wire mesh, or an equivalent.
(f) A suitable storm rail or hand grab
must be installed where necessary in a
passageway, at a deckhouse side, at a
ladder, and a hatch where an individual
might have access.
§ 28.815 Bilge pumps, bilge piping, and
dewatering systems.
Instead of meeting the requirements
of § 28.255, each vessel to which this
subpart applies must meet the following requirements:
(a) Each vessel must be equipped
with a fixed, self priming, powered,
bilge pump, having a minimum capacity rating of 50 gallons per minute,
connected to a bilge manifold and piping capable of draining any watertight
compartment, other than tanks and
small buoyancy compartments, under
all service conditions. Large spaces,
such as engine rooms and cargo holds
must be fitted with more than one suction line.
(b) In addition, each vessel must be
fitted with a fixed secondary or backup
bilge pump having an independent and
separate source of power from the
pump required in paragraph (a) of this
section. One of the bilge pumps may be
attached to the propelling engine.
(c) A portable bilge pump may substitute for the secondary pump required above, as long as it meets the
following:
(1) It must be self priming and provided with a suitable suction hose of
adequate length to reach the bilges of
each watertight compartment it must
serve and be fitted with a built-in
check valve and strainer.
(2) The portable pump must be of at
least the same minimum capacity as
that listed in paragraph (a) of this section and fitted with a discharge hose of
adequate length to ensure overboard
discharge from the lowest compartment in which it can serve.
(3) The portable pump must also be
capable of being quickly and efficiently
attached to the vessel’s fixed bilge suction main and/or discharge piping (such
as with ‘‘camlocks’’, etc.) for alternate
emergency use.
(d) Except for suction lines attached
to an individual pump provided for a
separate space, or for a portable pump,
each individual bilge suction line must
be provided with a stop valve at the
manifold and a check valve at some accessible point in the bilge line to prevent unintended flooding of a space.
(e) Each bilge suction line and
dewatering system must be fitted with
a suitable strainer to prevent clogging
of the suction line. Strainers must
have an open area of not less than
three times the open area of the suction line.
(f) Except for a fire pump required by
46 CFR 28.820, a bilge pump may be
used for other purposes.
(g) Each vessel must comply with the
oil pollution prevention requirements
of 33 CFR parts 151 and 155.
§ 28.820 Fire pumps, fire mains, fire
hydrants, and fire hoses.
(a) Each vessel must be equipped
with a self-priming, power driven fire
334
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00344
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.825
pump connected to a fixed piping system. This pump must be capable of delivering an effective stream of water
from a hose connected to the highest
outlet. The minimum capacity of the
power fire pump shall be 50 gallons per
minute at a pressure of not less than 60
pounds per square inch at the pump
outlet.
(1) If multiple pumps are installed,
they may be used for other purposes
provided at least one pump is kept
available for use on the fire system at
all times.
(2) In addition, each vessel must be
fitted with a portable fire pump having
a minimum capacity of that specified
in paragraph (a) of this section, capable
of producing a stream of water having
a throw of at least 12 meters (39.4 feet)
from the nozzle, and capable of being
connected to National Standard Fire
Hose of the size utilized on board the
vessel. If a vessel already has on board
a portable pump satisfying the bilge
system requirements of § 28.255(d), no
additional portable pump is required as
long as the portable pump is of sufficient size/capacity, and is properly
equipped to handle both fire fighting
and flood control.
(b) Each vessel must have a sufficient
number of fire hydrants to reach any
part of the vessel using a single length
of hose.
(c) Each fire hydrant must have at
least one length of fire hose connected
to the outlet at all times, a spanner,
and a hose rack or other device for
stowing the hose at all times.
(1) All parts of the firemain located
on exposed decks shall either be protected against freezing or be fitted
with cutout valves and drain valves.
(2) Firehose shall not be used for any
other purpose other than fire extinguishing, drills, and testing.
(3) Each length of fire hose must be a
minimum of 3.83 centimeters (11⁄2’’) diameter lined commercial fire hose and
be fitted with a nozzle made of corrosion resistant material capable of providing a solid stream and a spray pattern.
§ 28.825 Excess fire detection and protection equipment.
Instead of meeting the requirements
of § 28.155, each vessel to which this
subpart applies must meet the following requirements:
(a) Installation of fire detection and
protection equipment in excess of that
required by the regulations in this Subchapter is permitted provided that the
excess equipment does not endanger
the vessel or individuals on board in
any way. The excess equipment must,
at a minimum, be listed and labeled by
an independent, nationally recognized
testing laboratory and be in accordance with an appropriate industry
standard for design, installation, testing, and maintenance.
(b) An existing fixed gas fire extinguishing system that is in excess of the
required fire protection equipment required by subparts A, B, and C of this
part, may remain in place and continue
in service as long as all parts of the
system are maintained in good condition to the satisfaction of the Coast
Guard Representative, and subject to
the following:
(1) A fixed fire extinguishing system
capable of automatic discharge upon
heat detection, may only be installed
in a normally unoccupied space. For
the purpose of this section, the machinery space aboard a fish tender operating in the Aleutian trade is considered occupied.
(2) A fixed fire extinguishing system
must:
(i) Be capable of manual actuation
from outside the space protected;
(ii) Produce an audible alarm to indicate the discharge of the extinguishing
agent for 20 seconds before the extinguishing agent is released into the
space;
(iii) The branch line valves of all fire
extinguishing systems shall be plainly
and permanently marked indicating
the spaces serviced;
(iv) The control cabinets or spaces
containing valves or manifolds for the
various fire extinguishing systems
shall be distinctly marked in conspicuous red letters at least 5.08 centimeters (2 inches) high:
[CGD 94–025, 60 FR 54444, Oct. 24, 1995, as
amended by USCG–2010–0759, 75 FR 60002,
Sept. 29, 2010]
‘‘HALON FIRE SYSTEM’’
‘‘CARBON DIOXIDE FIRE SYSTEM’’ or
‘‘FOAM FIRE SYSTEM’’, as the case may be;
335
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00345
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.830
46 CFR Ch. I (10–1–11 Edition)
(v) Instructions for the operation of
the system must be located in a conspicuous place at or near all pull boxes,
stop valve controls, and in the agent
storage space;
(vi) If the space or enclosure containing the supply or controls is to be
locked, a key to the space or enclosure
shall be in a break-glass-type box conspicuously located adjacent to the
opening, and;
(vii) Be equipped with a sign at the
alarm
stating:
‘‘WHEN
ALARM
SOUNDS—VACATE AT ONCE. CARBON DIOXIDE BEING RELEASED’’, or
list other fire extinguishing agent.
(3) Any modification, alteration, or
new installation of a fixed gas fire extinguishing system must meet the additional requirements of subpart D of
this part.
[CGD 94–025, 60 FR 54444, Oct. 24, 1995, as
amended by USCG-2004–18884, 69 FR 58344,
Sept. 30, 2004]
§ 28.830
Fire detection system.
(a) Each accommodation space must
be equipped with an independent modular smoke detector or a smoke actuated fire detecting unit installed in accordance with § 76.33 of this chapter.
(b) An independent modular smoke
detector must meet UL 217 and be listed as a ‘‘Single Station Smoke Detector—Also Suitable for Use in Recreational Vehicles’’.
§ 28.835
Fuel systems.
(a) Portable fuel systems including
portable tanks and related fuel lines
and accessories are prohibited except
where used for outboard engines or
portable bilge/fire pumps.
(b) Each integral fuel tank must be
fitted with a vent pipe connected to the
highest point of the tank terminating
in a 180 degree (3.14 radians) bend on a
weather deck and be fitted with a
flame screen.
(c) Test cocks must not be fitted to
fuel oil tanks.
(d) Valves for removing water or impurities from diesel fuel oil systems
are permitted in the machinery space
provided they are away from any potential sources of ignition. Such valves
shall be fitted with caps or plugs to
prevent leakage.
(e) Oil piping drains, strainers and
other equipment subject to normal oil
leakage must be fitted with drip pans
or other means to prevent oil draining
into the bilge.
(f) All nonmetallic filters and strainers must be fitted with a metal shield
attached to their base in such a way as
to prevent direct flame impingement in
the case of a fire.
(g) Shutoff valves shall be installed
in the fuel supply piping lines, one as
close to each tank as practicable, and
one as close to each fuel pump as practicable. Valves shall be accessible at
all times.
(h) Fuel oil piping subject to internal
head pressure from diesel oil in a tank
must be fitted with a positive shutoff
valve, installed to close against the
flow at the tank. This valve is to be capable of remote actuation from outside
the space in which the tank/piping is
located, accessible at all times, and
suitably marked.
(i) With the exception of paragraph
(j) and (k) of this section, fuel piping
shall be steel pipe, annealed seamless
copper, brass, nickel copper, or copper
nickel alloy tubing having a minimum
wall thickness of 0.9 millimeters (0.035
inches).
(j) Flexible connections of a short
length (no more than 762mm, (30
inches)), suitable metallic or nonmetallic flexible tubing or hose is permitted in the fuel supply line at or
near the engine to prevent damage by
vibration. If nonmetallic flexible hose
is used it must:
(1) Not exceed the minimum length
needed to allow for vibration;
(2) Be visible, easily accessible, and
must not penetrate a watertight bulkhead;
(3) Be fabricated with an inner tube
and outer-covering of synthetic rubber
or other suitable material reinforced
with wire braid;
(4) Be fitted with suitable, corrosion
resistant, compression fittings; and
(5) Be installed with two hose clamps
at each end of the hose, if designed for
use with clamps. Clamps must not rely
on spring tension and must be installed
beyond the bead or flare or over the
serrations of the mating spud, pipe, or
hose fitting.
336
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00346
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.860
(k) Supply piping that conveys fuel
oil or lubricating oil to equipment and
is in close proximity of equipment or
lines having an open flame or having
parts operating above 260° C (500 °F)
must be of seamless steel.
(l) Existing fuel oil piping may remain in service as long as it is serviceable to the satisfaction of the Coast
Guard Representative. Any replacement, alterations, modifications or
new installations to the fuel oil piping
system must be made in accordance
with the material requirements of this
section.
§ 28.840 Means for stopping pumps,
ventilation, and machinery.
All electrically driven fuel oil transfer pumps, fuel oil unit and service
pumps, and ventilation fans shall be
fitted with remote controls from a
readily accessible position outside of
the space concerned so that they may
be stopped in the event of fire occurring in the compartment in which they
are located. These controls shall be
suitably protected against accidental
operation or tampering and shall be
suitably marked.
§ 28.845 General requirements for electrical systems.
(a) Electrical equipment exposed to
the weather or in a location exposed to
seas must be waterproof or watertight,
or enclosed in a watertight housing.
(b) Aluminum must not be used for
current carrying parts of electrical
equipment or wiring.
(c) As far as practicable, electrical
equipment must not be installed in
lockers used to store paint, oil, turpentine, or other flammable or combustible liquids. If electrical equipment,
such as lighting, is necessary in these
spaces, it must be explosion-proof or
intrinsically safe.
(d) Explosion-proof and intrinsically
safe equipment must meet the requirements of § 111.105 of this chapter.
(e) Metallic enclosures and frames of
electrical equipment must be grounded.
§ 28.850 Main source of electrical
power.
(a) Applicability: Each vessel that relies on electricity to power any of the
following essential loads must have at
least two electrical generators to supply:
(1) The propulsion system and its
necessary auxiliaries and controls;
(2) Interior lighting;
(3) Steering systems;
(4) Communication systems;
(5) Navigation equipment and navigation 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
tems.
distribution
(a) Each electrical distribution system which has a neutral bus or conductor must have the neutral bus or
conductor grounded.
(b) A grounded electrical distribution
system must have only one connection
to ground. This ground connection
must be at the switchboard.
§ 28.860 Overcurrent
switched circuits.
protection
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00347
Fmt 8010
and
(a) Each power source must be protected against overcurrent. Overcurrent devices for generators must be set
at a value not exceeding 115 percent of
the generator’s full load rating.
(b) Except for a steering circuit, each
circuit must be protected against both
overload and short circuit. Each overcurrent device in a steering system
power and control circuit must provide
protection only.
(c) Each ungrounded current carrying
conductor must be protected in accordance with its current carrying capacity
by a circuit breaker or fuse at the connection to the switchboard or distribution panel bus.
(d) Each circuit breaker and each
switch must simultaneously open all
ungrounded conductors.
(e) The grounded conductor of a circuit must not be disconnected by a
switch or an overcurrent device unless
all ungrounded conductors of the circuit are simultaneously disconnected.
(f) Navigation light circuits must be
separate, switched circuits having
fused disconnect switches or circuit
337
VerDate Mar<15>2010
sys-
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.865
46 CFR Ch. I (10–1–11 Edition)
breakers so that only the appropriate
navigation lights can be switched on.
(g) A separate circuit with overcurrent protection at the main distribution panel or switchboard must be provided for each radio installation.
§ 28.865
Wiring methods and materials.
(a) All cable and wire must have insulated, stranded copper conductors of
the appropriate size and voltage rating
of the circuit.
(b) Each conductor must be No. 22
AWG or larger. Conductors in power
and lighting circuits must be No. 14
AWG or larger. Conductors must be
sized so that the voltage drop at the
load terminals is not more than 10 percent.
(c) Cable and wiring not serving
equipment in high risk fire areas such
as a galley, laundry, or machinery
space must be routed as far as practicable from these spaces. As far as
practicable, cables serving duplicated
essential equipment must be separated
so that a casualty that affects one
cable does not affect the other. Existing cables and wires may remain as
routed; however, any replacement wiring, new cabling and/or alterations
must be routed as specified above.
(d) No unused or dead ended cables
may remain after the permanent removal or alteration of an electrical device.
(e) Cable and wire for power and
lighting 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 insulated cable and dry location cable must
not be used;
(ii) Be listed by Underwriters Laboratories Inc. as UL Marine Boat or UL
Marine Shipboard cable; or
(iii) Meet § 111.60 of this chapter.
(f) All metallic cable armor must be
electrically continuous and grounded
to the metal hull or the common
ground point at each end of the cable
run, except that final sub-circuits
(those supplying loads) may be grounded at the supply end only.
(g) Wiring terminations and connections must be made in a fire retardant
enclosure such as a junction box, fixture enclosure, or panel enclosure.
(h) Existing cable and wire may remain in place and continue in use as
long as it is deemed serviceable to the
satisfaction of the Coast Guard Representative. Any new installation, replacement, modification or alteration
must be done in accordance with the
requirements of this section.
§ 28.870 Emergency source of electrical
power.
(a) The following electrical loads
must be connected to an independent
emergency source of power capable of
supplying all connected loads continuously for at least three hours:
(1) Navigation lights;
(2) Fire protection and detection systems;
(3) Communications equipment;
(4) General alarm system; and
(5) Emergency lighting;
(b) The emergency power source must
be aft of the collision bulkhead, outside of the machinery space, and above
the uppermost continuous deck.
(c) An emergency source of power
supplied solely by storage battery must
also meet the following requirements:
(1) Each battery must be a lead-acid
or alkaline type and be able to withstand vessel pitch, vibration, roll, and
exposure to a salt water atmosphere;
(2) A battery cell must not spill electrolyte when the battery is inclined at
30 degrees from the vertical;
(3) Each battery installation must be
in a battery room, in a box on dock, or
in a well ventilated compartment. The
batteries must be protected from falling objects;
(4) Each battery tray must be secured
to prevent shifting with the roll and
pitch of the vessel and lined with a material that is corrosion resistant to the
electrolyte of the battery;
(5) Each battery bank installation
must be fitted with its own drip-proof
charging system; and
(6) Each deck box used for battery
storage must be weathertight, and
have holes near the top to allow gas to
escape.
338
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00348
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
Coast Guard, DHS
§ 28.885
§ 28.875 Radar, depth sounding, and
auto-pilot.
(a) Each vessel must be fitted with a
general marine radar system for surface navigation with a radar screen
mounted at the operating station, and
facilities on the bridge for plotting
radar readings.
(b) Each vessel must be fitted with a
suitable echo depth sounding device.
(c) Except as provided in 33 CFR
§ 164.15, when the automatic pilot is
used in areas of high traffic density,
conditions of restricted visibility, and
all other hazardous navigational situations, the master or person in charge
shall ensure that:
(1) It is possible to immediately establish manual control of the unit’s
steering:
(2) A competent person is ready at all
times to take over steering control;
and
(3) The changeover from automatic
to manual steering and vice versa is
made 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 operation of the system is not affected by
back pressure in the system.
(b) Piping and piping components
must be designed with a burst pressure
of not less than four times the system’s
maximum operating pressure.
(c) Each hydraulic system must be
equipped with at least one pressure relieving device set to relieve at the system’s maximum operating pressure.
(d) All material in a hydraulic system must be suitable for use with the
hydraulic fluid used and must be of
such chemical and physical properties
as to remain ductile at the lowest operating temperature likely to be encountered by the vessel.
(e) Except for hydraulic steering
equipment, controls for operating hydraulic equipment must be located
where the operator has an unobstructed view of the controls for operating hydraulic equipment and the adjacent work area. Protection shall be
afforded to the operator of hydraulic
equipment against falling or swinging
objects and/or cargo.
(f) Controls for hydraulic equipment
must be so arranged that the operator
is able to quickly disengage the equipment in an emergency.
(g) Hydraulically operated machinery
must be fail-safe or equipped with a
holding device to prevent uncontrolled
movement or sudden loss of control due
to loss of hydraulic system pressure. A
system is considered to be fail-safe if a
component failure results in a slow and
controlled release of the load so as not
to endanger personnel.
(h) Nonmetallic flexible hose assemblies must only be used between two
points of relative motion, limited to
the least amount of length that will afford maximum multidirectional movement of the equipment served.
(i) Hose end fittings must comply
with SAE J1475, (Hydraulic Hose Fittings For Marine Applications). Field
attachable fittings must be installed
following the manufacturer’s recommended practice (method).
(j) Nonmetallic flexible hose shall be
marked with the manufacturer’s name
or trademark, type or catalog number
and maximum allowable working pressure.
(k) Existing hydraulic piping, nonmetallic hose assemblies, and components may be continued in service so
long as they are maintained in good
condition to the satisfaction of the
Coast Guard Representative, but all
new installations, or replacements
shall meet the applicable specifications
or requirements of this section.
§ 28.885 Cargo gear.
(a) The safe working load (SWL) for
the assembled gear shall be marked on
the heel of each cargo boom, crane, or
derrick. These letters and figures are
to be in contrasting colors to the background and at least one inch in height.
The SWL is construed to be the load
the gear is approved to lift, excluding
the weight of the gear itself.
(b) All wire rope, chains, rings,
hooks, links, shackles, swivels, blocks,
and any other loose gear used or intended to be used in cargo loading or
unloading must be commensurable
with the SWL rating in paragraph (a)
of this section. This gear shall be visually inspected by the vessel’s captain
or his designee at frequent intervals,
339
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00349
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
§ 28.890
46 CFR Ch. I (10–1–11 Edition)
and in any event not less than once in
each operating month.
(c) In addition to the inspection required in paragraph (b) of this section,
a biennial, (every second year), thorough examination and proof load test,
at a minimum of the SWL rating, shall
be performed and witnessed by competent personnel. The proof load applied to the winches, booms, derricks,
cranes and all associated gear shall be
lifted with the ship’s normal tackle
with the boom or derrick at the lowest
practicable angle. When the load has
been lifted, it shall be swung as far as
possible in both directions.
(d) After satisfactory completion of
the tests and examinations required in
paragraphs (b) and (c) of this section,
all results and notations together with
the date and location of each shall be
maintained and available to Coast
Guard representatives upon request.
§ 28.890 Examination and certification
of compliance.
(a) At least once in every two years
each ATA vessel must be examined for
compliance with the regulations of this
subchapter by the ABS, a similarly
qualified organization, or a surveyor of
an accepted organization.
(b) Each individual performing an examination under paragraph (a) of this
section, upon finding the vessel to be in
compliance with the requirements of
this chapter, must provide written certification of compliance to the owner
or operator of the vessel.
(c) Each certification of compliance
issued under paragraph (b) of this section must:
(1) Be signed by the individual that
performed the examination;
(2) Include the name of the organization the individual performing the examination represents or the name of
the accepted organization the individual belongs to; and
(3) State that the vessel has been examined and found to meet the specific
requirements of this chapter.
(d) A certification of compliance
issued under paragraph (b) of this sec-
tion must be retained on board the vessel until superseded.
(e) A copy of the certification of compliance issued under paragraph (b) of
this section must be forwarded by the
organization under whose authority
the examination was performed to the
Coast Guard District Commander (Attention: Fishing Vessel Safety Coordinator) in charge of the district in
which the examination took place.
§ 28.895
Loadlines.
(a) A fish tender vessel of not more
than 500 gross tons, engaged in the
Aleutian trade, is not subject to the
loadline provisions of 46 U.S.C. Chapter
51 if it is not on a foreign voyage and
the vessel:
(1) Operated in this trade before September 8, 1990; or
(2) Was purchased to be used in this
trade before September 8, 1990 and entered into service before June 1, 1992;
and
(3) Has not undergone a major conversion; and
(4) Has not had a loadline assigned at
any time before November 16, 1990.
(b) The exemption from the loadline
provision of 46 U.S.C. Chapter 51 set
forth in paragraph (a) of this section
expires on January 1, 2003.
§ 28.900 Post accident inspection.
The requirements for providing notice and reporting of marine casualties
are contained in part 4 of this chapter.
The owner of or master of the vessel
shall ensure that the survey guidance
provided by a Coast Guard Representative is effectively carried out, that the
material and the workmanship of such
repairs or renewals are in all respects
satisfactory, and that the vessel complies in all respects with the regulations in this part.
§ 28.905 Repairs and alterations.
No repairs or alterations affecting
the safety of the vessel with regard to
the hull, machinery, or equipment,
shall be made without the notification
of a Coast Guard Representative.
340
VerDate Mar<15>2010
13:21 Nov 01, 2011
Jkt 223193
PO 00000
Frm 00350
Fmt 8010
Sfmt 8010
Q:\46\46V1.TXT
ofr150
PsN: PC150
| File Type | application/pdf |
| File Modified | 2014-08-14 |
| File Created | 2014-08-14 |