1625-0100 Stat/Authority

wreier-aviles on DSK5TPTVN1PROD with CFR

§ 160.115

33 CFR Ch. I (7–1–12 Edition)

within the district or zone of that District Commander or Captain of the
Port, if the District Commander or the
Captain of the Port determines that
the vessel’s history of accidents, pollution incidents, or serious repair problems creates reason to believe that the
vessel may be unsafe or pose a threat
to the marine environment.
(b) The authority to issue orders prohibiting operation of the vessels or
transfer of cargo or residue under paragraph (a) of this section also applies if
the vessel:
(1) Fails to comply with any applicable regulation;
(2) Discharges oil or hazardous material in violation of any law or treaty of
the United States;
(3) Does not comply with applicable
vessel traffic service requirements;
(4) While underway, does not have at
least one deck officer on the navigation bridge who is capable of communicating in the English language.
(c) When a vessel has been prohibited
from operating in the navigable waters
of the United States under paragraphs
(a) or (b) of this section, the District
Commander or Captain of the Port may
allow provisional entry into the navigable waters of the United States, or
into any port or place under the jurisdiction of the United States and within
the district or zone of that District
Commander or Captain of the Port, if
the owner or operator of such vessel
proves to the satisfaction of the District Commander or Captain of the
Port, that the vessel is not unsafe or
does not pose a threat to the marine
environment, and that such entry is
necessary for the safety of the vessel or
the persons on board.
(d) A vessel which has been prohibited from operating in the navigable
waters of the United States, or from
transferring cargo or residue in a port
or place under the jurisdiction of the
United States under the provisions of
paragraph (a) or (b)(1), (2) or (3) of this
section, may be allowed provisional
entry if the owner or operator proves,
to the satisfaction of the District Commander or Captain of the Port that has
jurisdiction, that the vessel is no
longer unsafe or a threat to the environment, and that the condition which

gave rise to the prohibition no longer
exists.
[CGD 79–026, 48 FR 35404, Aug. 4, 1983,
amended by CGD 96–026, 61 FR 33668, June
1996; USCG–1998–3799, 63 FR 35531, June
1998; USCG–2006–24371, 74 FR 11212, Mar.
2009]

§ 160.115

Withholding of clearance.

Each District Commander or Captain
of the Port may request the Secretary
of the Treasury, or the authorized representative thereof, to withhold or revoke the clearance required by 46
U.S.C. App. 91 of any vessel, the owner
or operator of which is subject to any
penalties under 33 U.S.C. 1232.
[CGD 79–026, 48 FR 35404, Aug. 4, 1983; 48 FR
39059, Aug. 29, 1983, as amended by USCG–
1998–3799, 63 FR 35531, June 30, 1998]

Subpart C—Notification of Arrival,
Hazardous Conditions, and
Certain Dangerous Cargos
SOURCE: USCG–2002–11865, 68 FR 9543, Feb.
28, 2003, unless otherwise noted.

§ 160.201

General.

This subpart contains requirements
and procedures for submitting Notices
of Arrival (NOA) and Notice of Hazardous Condition. The sections in this
subpart describe:
(a) Applicability and exemptions
from requirements in this subpart;
(b) Required information in an NOA;
(c) Required changes to an NOA;
(d) Methods and times for submission
of an NOA and changes to an NOA;
(e) How to obtain a waiver; and
(f) Requirements for submission of
the Notice of Hazardous Conditions.
§ 160.202

Applicability.

(a) This subpart applies to U.S. and
foreign vessels bound for or departing
from ports or places in the United
States.
(b) This subpart does not apply to
U.S. recreational vessels under 46
U.S.C. 4301 et seq., but does apply to foreign recreational vessels.
(c) Unless otherwise specified in this
subpart, the owner, agent, master, operator, or person in charge of a vessel
regulated by this subpart is responsible

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Coast Guard, DHS

§ 160.204

for compliance with the requirements
in this subpart.
(d) Towing vessels controlling a
barge or barges required to submit an
NOA under this subpart must submit
only one NOA containing the information required for the towing vessel and
each barge under its control.

wreier-aviles on DSK5TPTVN1PROD with CFR

[USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as
amended by USCG–2004–19963, 70 FR 74669,
Dec. 16, 2005]

§ 160.203 Exemptions.
(a) Except for reporting notice of hazardous conditions, the following vessels
are exempt from requirements in this
subpart:
(1) Passenger and supply vessels when
they are employed in the exploration
for or in the removal of oil, gas, or
mineral resources on the continental
shelf.
(2) Oil Spill Recovery Vessels
(OSRVs) when engaged in actual spill
response operations or during spill response exercises.
(3) Vessels operating upon the following waters:
(i) Mississippi River between its
sources and mile 235, Above Head of
Passes;
(ii) Tributaries emptying into the
Mississippi River above mile 235;
(iii) Atchafalaya River above its
junction with the Plaquemine-Morgan
City alternate waterway and the Red
River; and
(iv) The Tennessee River from its
confluence with the Ohio River to mile
zero on the Mobile River and all other
tributaries between those two points.
(b) If not carrying certain dangerous
cargo or controlling another vessel carrying certain dangerous cargo, the following vessels are exempt from NOA
requirements in this subpart:
(1) Vessels 300 gross tons or less, except for foreign vessels entering any
port or place in the Seventh Coast
Guard District as described in 33 CFR
3.35–1(b).
(2) Vessels operating exclusively
within a Captain of the Port Zone.
(3) Vessels arriving at a port or place
under force majeure.
(4) Towing vessels and barges operating solely between ports or places in
the continental United States.
(5) Public vessels.

(6) Except for tank vessels, U.S. vessels operating solely between ports or
places in the United States on the
Great Lakes.
(c) Vessels less than 500 gross tons
need not submit the International
Safety Management (ISM) Code Notice
(Entry (7) to Table 160.206).
(d) Vessels operating solely between
ports or places in the continental
United States need not submit the
Cargo Declaration (Customs Form
1302), (Entry (8) to Table 160.206).
(e) This section does not exempt any
vessel from compliance with the U.S.
Customs Service (USCS) reporting or
submission requirements.
(f) U.S. vessels need not submit the
International Ship and Port Facility
Code (ISPS) Notice information (Entry
(9) to Table 160.206).
[USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as
amended by USCG–2003–14749, 68 FR 39313,
July 1, 2003; 68 FR 63735, Nov. 10, 2003]
EFFECTIVE DATE NOTE: By USCG–2002–
11865, 68 FR 27908, May 22, 2003, in § 160.203,
paragraphs (d) and (e) were suspended, effective May 22, 2003.

§ 160.204 Definitions.
As used in this subpart:
Agent means any person, partnership,
firm, company or corporation engaged
by the owner or charterer of a vessel to
act in their behalf in matters concerning the vessel.
Barge means a non-self propelled vessel engaged in commerce.
Carried in bulk means a commodity
that is loaded or carried on board a
vessel without containers or labels and
received and handled without mark or
count.
Certain dangerous cargo (CDC) includes any of the following:
(1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.
(2) Division 1.5D blasting agents for
which a permit is required under 49
CFR 176.415 or, for which a permit is required as a condition of a Research and
Special Programs Administration exemption.
(3) Division 2.3 ‘‘poisonous gas’’, as
listed in 49 CFR 172.101 that is also a
‘‘material poisonous by inhalation’’ as
defined in 49 CFR 171.8, and that is in a
quantity in excess of 1 metric ton per
vessel.

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wreier-aviles on DSK5TPTVN1PROD with CFR

§ 160.204

33 CFR Ch. I (7–1–12 Edition)

(4) Division 5.1 oxidizing materials
for which a permit is required under 49
CFR 176.415 or for which a permit is required as a condition of a Research and
Special Programs Administration exemption.
(5) A liquid material that has a primary or subsidiary classification of Division 6.1 ‘‘poisonous material’’ as listed in 49 CFR 172.101 that is also a ‘‘material poisonous by inhalation,’’ as defined in 49 CFR 171.8 and that is in a
bulk packaging, or that is in a quantity in excess of 20 metric tons per vessel when not in a bulk packaging.
(6) Class 7, ‘‘highway route controlled
quantity’’ radioactive material or
‘‘fissile material, controlled shipment,’’ as defined in 49 CFR 173.403.
(7) All bulk liquefied gas cargo carried under 46 CFR 151.50–31 or listed in
46 CFR 154.7 that is flammable and/or
toxic and that is not carried as certain
dangerous cargo residue (CDC residue).
(8) The following bulk liquids except
when carried as CDC residue:
(i) Acetone cyanohydrin;
(ii) Allyl alcohol;
(iii) Chlorosulfonic acid;
(iv) Crotonaldehyde;
(v) Ethylene chlorohydrin;
(vi) Ethylene dibromide;
(vii) Methacrylonitrile;
(viii) Oleum (fuming sulfuric acid);
and
(ix) Propylene oxide, alone or mixed
with ethylene oxide.
(9) The following bulk solids:
(i) Ammonium nitrate listed as a Division 5.1 (oxidizing) material in 49
CFR 172.101 except when carried as CDC
residue; and
(ii) Ammonium nitrate based fertilizer listed as a Division 5.1 (oxidizing) material in 49 CFR 172.101 except when carried as CDC residue.
Certain dangerous cargo residue (CDC
residue) includes any of the following:
(1) Ammonium nitrate in bulk or ammonium nitrate based fertilizer in bulk
remaining after all saleable cargo is
discharged, not exceeding 1,000 pounds
in total and not individually accumulated in quantities exceeding two cubic
feet.
(2) For bulk liquids and liquefied
gases, the cargo that remains onboard
in a cargo system after discharge that
is not accessible through normal trans-

fer procedures, with the exception of
the following bulk liquefied gas cargoes carried under 46 CFR 151.50–31 or
listed in 46 CFR 154.7:
(i) Ammonia, anhydrous;
(ii) Chlorine;
(iii) Ethane;
(iv) Ethylene oxide;
(v) Methane (LNG);
(vi) Methyl bromide;
(vii) Sulfur dioxide; and
(viii) Vinyl chloride.
Charterer means the person or organization that contracts for the majority
of the carrying capacity of a ship for
the transportation of cargo to a stated
port for a specified period. This includes ‘‘time charterers’’ and ‘‘voyage
charterers.’’
Crewmember means all persons carried
on board the vessel to provide navigation and maintenance of the vessel, its
machinery, systems, and arrangements
essential for propulsion and safe navigation or to provide services for other
persons on board.
Great Lakes means Lakes Superior,
Michigan, Huron, Erie, and Ontario,
their connecting and tributary waters,
the Saint Lawrence River as far as
Saint Regis, and adjacent port areas.
Gross tons means the tonnage determined by the tonnage authorities of a
vessel’s flag state in accordance with
the national tonnage rules in force before the entry into force of the International Convention on Tonnage Measurement of Ships, 1969 (‘‘Convention’’).
For a vessel measured only under
Annex I of the Convention, gross tons
means that tonnage. For a vessel measured under both systems, the higher
gross tonnage is the tonnage used for
the purposes of the 300-gross-ton
threshold.
Hazardous condition means any condition that may adversely affect the safety of any vessel, bridge, structure, or
shore area or the environmental quality of any port, harbor, or navigable
waterway of the United States. It may,
but need not, involve collision,
allision, fire, explosion, grounding,
leaking, damage, injury or illness of a
person aboard, or manning-shortage.
Nationality means the state (nation)
in which a person is a citizen or to
which a person owes permanent allegiance.

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Coast Guard, DHS

§ 160.206

Operator means any person including,
but not limited to, an owner, a
charterer, or another contractor who
conducts, or is responsible for, the operation of a vessel.
Persons in addition to crewmembers
mean any person onboard the vessel,
including passengers, who are not included on the list of crewmembers.
Port or place of departure means any
port or place in which a vessel is anchored or moored.
Port or place of destination means any
port or place in which a vessel is bound
to anchor or moor.
Public vessel means a vessel that is
owned or demise-(bareboat) chartered
by the government of the United

States, by a State or local government,
or by the government of a foreign
country and that is not engaged in
commercial service.
Time charterer means the party who
hires a vessel for a specific amount of
time. The owner and his crew manage
the vessel, but the charterer selects the
ports of destination.
Voyage charterer means the party who
hires a vessel for a single voyage. The
owner and his crew manage the vessel,
but the charterer selects the ports of
destination.
[USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as
amended by USCG–2004–19963, 70 FR 74669,
Dec. 16, 2005; 75 FR 59620, Sept. 28, 2010]

§ 160.206 Information required in an NOA.
(a) Each NOA must contain all of the information items specified in Table
160.206.
TABLE 160.206—NOA INFORMATION ITEMS
Vessels carrying CDC

wreier-aviles on DSK5TPTVN1PROD with CFR

Required information

(1) Vessel Information:
(i) Name; ....................................................................................................
(ii) Name of the registered owner; .............................................................
(iii) Country of registry; ...............................................................................
(iv) Call sign; ..............................................................................................
(v) International Maritime Organization (IMO) international number or, if
vessel does not have an assigned IMO international number, substitute with official number; .....................................................................
(vi) Name of the operator; ..........................................................................
(vii) Name of the charterer; and .................................................................
(viii) Name of classification society ............................................................
(2) Voyage Information:
(i) Names of last five ports or places visited; ............................................
(ii) Dates of arrival and departure for last five ports or places visited; .....
(iii) For each port or place in the United States to be visited list the
names of the receiving facility, the port or place, the city, and the
state; .......................................................................................................
(iv) For each port or place in the United States to be visited, the estimated date and time of arrival; ..............................................................
(v) For each port or place in the United States to be visited, the estimated date and time of departure; .........................................................
(vi) The location (port or place and country) or position (latitude and longitude or waterway and mile marker) of the vessel at the time of reporting; and .............................................................................................
(vii) The name and telephone number of a 24-hour point of contact .......
(3) Cargo Information:
(i) A general description of cargo, other than CDC, onboard the vessel
(e.g.: grain, container, oil, etc.); .............................................................
(ii) Name of each certain dangerous cargo carried, including cargo UN
number, if applicable; and ......................................................................
(iii) Amount of each certain dangerous cargo carried ...............................
(4) Information for each Crewmember Onboard:
(i) Full name; ..............................................................................................
(ii) Date of birth; .........................................................................................
(iii) Nationality; ............................................................................................
(iv) Passport or mariners document number (type of identification and
number); .................................................................................................

Vessels not
carrying CDC

Vessels

Towing vessels controlling
vessels carrying CDC

X
X
X
X

X
X
X
X

X
X
X
X

X
X
X
X

X
X
X
X

X
X
X
X

X
X

X
X

X
X

X

X

X

X

X

X

X

X

X

X
X

X
X

X
X

X

X

X

........................
........................

X
X

X
X

X
X
X

X
X
X

X
X
X

X

X

X

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§ 160.208

33 CFR Ch. I (7–1–12 Edition)
TABLE 160.206—NOA INFORMATION ITEMS—Continued
Vessels carrying CDC
Required information

(v) Position or duties on the vessel; and ...................................................
(vi) Where the crewmember embarked (list port or place and country) ...
(5) Information for each Person Onboard in Addition to Crew:
(i) Full name; ..............................................................................................
(ii) Date of birth; .........................................................................................
(iii) Nationality; ............................................................................................
(iv) Passport number; and .........................................................................
(v) Where the person embarked (list port or place and country) ..............
(6) Operational condition of equipment required by § 164.35 of this chapter ..
(7) International Safety Management (ISM) Code Notice:
(i) The date of issuance for the company’s Document of Compliance
certificate that covers the vessel; ...........................................................
(ii) The date of issuance for the vessel’s Safety Management Certificate;
and ..........................................................................................................
(iii) The name of the Flag Administration, or the recognized organization(s) representing the vessel flag administration, that issued those
certificates ...............................................................................................
(8) Cargo Declaration (Customs Form 1302) as described in 19 CFR 4.7 .....
(9) International Ship and Port Facility Code (ISPS) Notice *:
(i) The date of issuance for the vessel’s International Ship Security Certificate (ISSC), if any; .............................................................................
(ii) Whether the ISSC, if any, is an initial Interim ISSC, subsequent and
consecutive Interim ISSC, or final ISSC; ...............................................
(iii) Declaration that the approved ship security plan, if any, is being implemented; ..............................................................................................
(iv) If a subsequent and consecutive Interim ISSC, the reasons therefor;
(v) The name and 24-hour contact information for the Company Security
Officer; and .............................................................................................
(vi) The name of the Flag Administration, or the recognized security organization(s) representing the vessel flag Administration that issued
the ISSC. ................................................................................................

Vessels not
carrying CDC

Vessels

Towing vessels controlling
vessels carrying CDC

X
X

X
X

X
X

X
X
X
X
X
X

X
X
X
X
X
X

X
X
X
X
X
X

X

X

X

X

X

X

X
X

X
X

X
X

X

X

X

X

X

X

X
X

X
X

X
X

X

X

X

X

X

X

wreier-aviles on DSK5TPTVN1PROD with CFR

* The information required by items 9(i)-(iii) need not be submitted before January 1, 2004. All other information required by
item 9 need not be submitted before July 1, 2004.

(b) Vessels operating solely between
ports or places in the continental
United States need submit only the
name of and date of arrival and departure for the last port or places visited
to meet the requirements in entries
(2)(i) and (ii) to Table 160.206 of this
section.
(c) You may submit a copy of INS
Form I–418 to meet the requirements of
entries (4) and (5) in Table 160.206.
(d) Any vessel planning to enter two
or more consecutive ports or places in
the United States during a single voyage may submit one consolidated Notification of Arrival at least 96 hours before entering the first port or place of
destination. The consolidated notice
must include the name of the port or
place and estimated arrival and departure date for each destination of the
voyage. Any vessel submitting a consolidated notice under this section
must still meet the requirements of

§ 160.208 of this part concerning requirements for changes to an NOA.
[USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as
amended by USCG–2003–14749, 68 FR 39313,
July 1, 2003; 68 FR 63735, Nov. 10, 2003]
EFFECTIVE DATE NOTE: By USCG–2002–
11865, 68 FR 27908, May 22, 2003, in § 160.206, in
paragraph (a), item (8) in table 160.206 was
suspended, effective May 22, 2003.

§ 160.208

Changes to a submitted NOA.

(a) Unless otherwise specified in this
section, when submitted NOA information changes, vessels must submit a notice of change within the times required in § 160.212.
(b) Changes in the following information need not be reported:
(1) Changes in arrival or departure
times that are less than six (6) hours;
(2) Changes in vessel location or position of the vessel at the time of reporting (entry (2)(vi) to Table 160.206); and

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Coast Guard, DHS

§ 160.212

wreier-aviles on DSK5TPTVN1PROD with CFR

(3) Changes to crewmembers’ position
or duties on the vessel (entry (5)(v) to
Table 160.206).
(c) When reporting changes, submit
only the name of the vessel, original
NOA submission date, the port of arrival, the specific items to be corrected, and the new location or position of the vessel at the time of reporting. Only changes to NOA information
need to be submitted.
§ 160.210 Methods for submitting an
NOA.
(a) Submission to the National Vessel
Movement Center (NVMC). Except as
provided in paragraphs (b) and (c) of
this section, vessels must submit NOA
information required by § 160.206 (entries 1 through 9 in Table 160.206) to the
NVMC, United States Coast Guard, 408
Coast Guard Drive, Kearneysville, WV
25430, by:
(1) Electronic submission via the
electronic Notice of Arrival and Departure (eNOAD) and consisting of the following three formats:
(i) A Web site that can be used to
submit NOA information directly to
the NVMC, accessible from the NVMC
web site at http://www.nvmc.uscg.gov;
(ii) Electronic submission of Extensible Markup Language (XML) formatted documents via web service;
(iii) Electronic submission via Microsoft InfoPath; contact the NVMC at
sans@nvmc.uscg.gov or by telephone at
1–800–708–9823 or 304–264–2502 for more
information;
(2) E-mail at sans@nvmc.uscg.gov.
Workbook
available
at
http://
www.nvmc.uscg.gov;
(3) Fax at 1–800–547–8724 or 304–264–
2684. Workbook available at http://
www.nvmc.uscg.gov; or,
(4) Telephone at 1–800–708–9823 or 304–
264–2502.
(b) Saint Lawrence Seaway transits.
Those vessels transiting the Saint
Lawrence Seaway inbound, bound for a
port or place in the United States, may
meet the submission requirements of
paragraph (a) of this section by submitting the required information to the
Saint Lawrence Seaway Development
Corporation and the Saint Lawrence
Seaway Management Corporation of
Canada by fax at 315–764–3235 or at 315–
764–3200. The Cargo Declaration (Cus-

toms Form 1302) in entry (8) in Table
160.206 must be submitted electronically to the USCS, as required by paragraph (d) of this section.
(c) Seventh Coast Guard District. Those
foreign vessels 300 or less gross tons operating in the Seventh Coast Guard
District must submit an NOA to the
cognizant Captain of the Port (COTP).
The Cargo Declaration (Customs Form
1302) in entry (8) in Table 160.206 must
be submitted electronically to the
USCS, as required by paragraph (d) of
this section.
(d) Submission to the United States Customs Service’s Sea Automated Manifest
System (AMS). (1) Beginning July 1,
2003, the Cargo Declaration (Customs
Form 1302) in entry (8) in Table 160.206
must be submitted electronically to
the USCS Sea AMS by one of the following methods:
(i) By direct connection with USCS
or by purchasing the proper software;
or
(ii) Using a service provider or a Port
Authority.
(2) To become a participant in Sea
AMS, submitters must provide a letter
of intent to USCS prior to first submission.
[USCG–2002–11865, 68 FR 9543, Feb. 28, 2003; 68
FR 63735, Nov. 10, 2003, as amended by USCG–
2004–19963, 70 FR 74669, Dec. 16, 2005]
EFFECTIVE DATE NOTE: By USCG–2002–
11865, 68 FR 27908, May 22, 2003, in § 160.210,
the last sentence of paragraph (b), the last
sentence of paragraph (c), and paragraph (d)
were suspended, effective May 22, 2003.

§ 160.212 When to submit an NOA.
(a) Submission of NOA. (1) Except as
set out in paragraph (a)(2) of this section, all vessels must submit NOAs
within the times required in paragraph
(a)(3) of this section.
(2) Towing vessels, when in control of
a vessel carrying CDC and operating
solely between ports or places in the
continental United States, must submit an NOA before departure but at
least 12 hours before entering the port
or place of destination.
(3) Times for submitting NOAs areas
follows:
If your voyage
time is—

You must submit an NOA—

(i) 96 hours or
more; or.

At least 96 hours before entering the
port or place of destination; or

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§ 160.214

33 CFR Ch. I (7–1–12 Edition)

If your voyage
time is—

You must submit an NOA—

least 24 hours before entering the U.S.
port or place of destination.

(ii) Less than 96
hours.

Before departure but at least 24 hours
before entering the port or place of
destination.

[USCG–2002–11865, 68 FR 9543, Feb. 28, 2003; 68
FR 63735, Nov. 10, 2003]

(b) Submission of changes to NOA. (1)
Except as set out in paragraph (b)(2) of
this section, vessels must submit
changes in NOA information within the
times required in paragraph (b)(3) of
this section.
(2) Towing vessels, when in control of
a vessel carrying CDC and operating
solely between ports or places in the
continental United States, must submit changes to an NOA as soon as practicable but at least 6 hours before entering the port or place of destination.
(3) Times for submitting changes to
NOAs are as follows:
If your remaining
voyage time is—

Then you must submit changes to an
NOA—

(i) 96 hours or
more;.

As soon as practicable but at least 24
hours before entering the port or place
of destination;
As soon as practicable but at least 24
hours before entering the port or place
of destination; or

wreier-aviles on DSK5TPTVN1PROD with CFR

(ii) Less than 96
hours but not
less than 24
hours; or
(iii) Less than 24
hours.

As soon as practicable but at least 12
hours before entering the port or place
of destination.

(c) Submission of the Cargo Declaration
(Customs Form 1302). (1) Except as set
out in paragraph (c)(2) of this section,
all vessels must submit to USCS the
Cargo Declaration (Customs Form 1302)
in entry (8) to Table 160.206, within the
times required in paragraph (a)(3) of
this section.
(2)(i) Except for vessels carrying containerized cargo or break bulk cargo,
vessels carrying bulk cargo may submit the Cargo Declaration (Customs
Form 1302), (Entry (8) to Table 160.206)
before departure but at least 24 hours
before entering the U.S. port or place
of destination.
(ii) Vessels carrying break bulk cargo
operating under a USCS exemption
granted under 19 CFR 4.7(b)(4)(ii) may,
during the effective period of the USCS
exemption, submit the Cargo Declaration (Customs Form 1302), (Entry (8) to
Table 160.206) before departure but at

EFFECTIVE DATE NOTE: By USCG–2002–
11865, 68 FR 27908, May 22, 2003, in § 160.212,
paragraph (c) was suspended, effective May
22, 2003.

§ 160.214

Waivers.

The Captain of the Port may waive,
within that Captain of the Port’s designated zone, any of the requirements
of this subpart for any vessel or class
of vessels upon finding that the vessel,
route, area of operations, conditions of
the voyage, or other circumstances are
such that application of this subpart is
unnecessary or impractical for purposes of safety, environmental protection, or national security.
§ 160.215 Notice of hazardous conditions.
Whenever there is a hazardous condition either aboard a vessel or caused by
a vessel or its operation, the owner,
agent, master, operator, or person in
charge shall immediately notify the
nearest Coast Guard Sector Office or
Group Office. (Compliance with this
section does not relieve responsibility
for the written report required by 46
CFR 4.05–10.)
[USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as
amended by USCG–2006–25556, 72 FR 36328,
July 2, 2007]

Subpart D—Crewmember
Identification
SOURCE: USCG–2007–28648, 74 FR 19140, Apr.
28, 2009, unless otherwise noted.

§ 160.300

Applicability.

(a) This subpart applies to crewmembers on the following vessels in
the navigable waters of the United
States en route to a U.S. port or place
of destination or at a U.S. port or
place:
(1) A foreign vessel engaged in commercial service, and
(2) A U.S. vessel engaged in commercial service and coming from a foreign
port or place of departure.

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