close

Вход

Забыли?

вход по аккаунту

?

Book 2 2008-2009

код для вставкиСкачать
CG 515 + 2008 / 2009 FOREIGN VESSEL RULES The 2008 / 2009 edition of the CG 515 + is a compilation of applicable Title 33 CFR and Title 46 CFR regulations pertaining to foreign vessels operating in the navigable waters of the United States. The information contained in the two volume “Foreign Vessel Rules” was obtained directly from U.S. Government sources available to the public. Changes and updates have been applied through the date printed on the cover. The format for the CG 515 + is as follows: Book 1: CFR 33 Navigation and Navigable Waters: ¾ Current regulations of the United States Coast Guard, Department of Transportation pertaining to Navigation and Navigable Waters of the United States. ¾ Additional Sub-Chapters Pertaining to Maritime Security. Book 2: CFR 46 Shipping ¾ Current regulations of the United States Coast Guard, Department of Transportation pertaining to Shipping. ¾ Appendix A – Forms required or otherwise useful for foreign vessels operating in U.S. waters from Book 1. ¾ Appendix B – Forms required or otherwise useful for foreign vessels operating in U.S. waters from Book 2. ¾ ISPS Code and Maritime Transportation Security Act. © 2003-2008 CG Publications 1
Shipping CFR 46 Parts 1 To 199 Chapter I - Coast Guard, Department Of Homeland Security Master Table Of Contents Subchapter A – Procedures Applicable To The Public Part Page 1 Organization, General Course And Methods Governing Marine Safety Functions 2 2 Vessel Inspections 6 4 Marine Casualties And Investigations. 12 7 Boundary Lines 22 8 Vessel Inspection Alternatives 27 Subchapter B – Merchant Marine Officers And Seamen 15 Manning Requirements 32 16 Chemical Testing 37 Subchapter D – Tank Vessels 30 General Provisions 40 31 Inspection And Certification 60 32 Special Equipment, Machinery, And Hull Requirements 64 34 Firefighting Equipment 66 35 Operations 70 39 Vapor Control Systems 80 Subchapter E – Load Lines 42 Domestic And Foreign Voyages By Sea 86 46 Subdivision Load Lines For Passenger Vessels 97 Subchapter H – Passenger Vessels 70 General Provisions 101 80 Disclosure Of Safety Standards And Country Of Registry 103 Subchapter I – Cargo And Miscellaneous Vessels 90 General Provisions 105 97 Operations 112 98 Special Construction, Arrangement, And Other Provisions For Certain Dangerous Cargoes In Bulk 114 Subchapter I-A – Mobile Offshore Drilling Units 108 Design And Equipment 124 109 Operations 154 Subchapter N – Dangerous Cargoes 147 Hazardous Ships' Stores 167 147A Interim Regulations For Shipboard Fumigation 171 148 Carriage Of Solid Hazardous Materials In Bulk 174 Subchapter O – Certain Bulk Dangerous Cargoes 150 Compatibilty Of Cargoes 180 151 Barges Carrying Bulk Liquid Hazardous Material Cargoes 214 153 Ships Carrying Bulk Liquid, Liquefied Gas, Or Compressed Gas Hazardous Materials 268 154 Safety Standards For Self-Propelled Vessels Carrying Bulk Liquefied Gases 326 Subchapter S – Subdivision And Stability 170 Stability Requirements For All Inspected Vessels 369 172 Special Rules Pertaining To Bulk Cargoes 380 173 Special Rules Pertaining To Vessel Use 387 Subchapter V – Marine Occupational Safety And Health Standards 197 General Provisions 390 Appendix A – Forms Required Or Useful For Foreign Vessels Operating In US Waters Found In Book 1 403 Appendix B – Forms Required Or Useful For Foreign Vessels Operating In US Waters Found In Book 2 427 ISPS Code 430 Maritime Transportation Security Act of 2002 498 2
Part 1–Organization, General Course And Methods Governing Marine Safety Functions
Table Of Contents Subpart 1.0 – Organization And General Flow Of Functions Sec. 1.01-05 Definitions Of Terms Used In This Part. 1.01-10 Organization. 1.01-15 Organization; Districts. Subpart 1.03 – Rights Of Appeal 1.03-10 Definition Of Terms Used In This Subpart. 1.03-15 General. 1.03-20 Appeals From Decisions Or Actions Of An OCMI. 1.03-25 Appeals From Decisions Or Actions Of A District Commander. 1.03-30 Appeals From Decisions Or Actions Of The Marine Safety Center. 1.03-35 Appeals From Decisions Or Actions Of A Recognized Classification Society Acting On Behalf Of The Coast Guard. 1.03-40 Appeals from decisions or actions of the National Maritime Center. 1.03-45 Appeals from decisions or actions involving documentation of vessels. 1.03-50 Appeals From Decisions Or Actions Of The Director, Great Lakes Pilotage. Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46 U.S.C. Chapter 93; Pub. L. 107-296, 116 Stat. 2135; Department of Homeland Security Delegation No. 0170.1; §1.01-35 also issued under the authority of 44 U.S.C. 3507. [SOURCE: CGD 88-033, 54 FR 50376, Dec. 6, 1989, unless otherwise noted.] Subpart 1.0 – Organization And General Flow Of Functions §1.01-05 Definitions Of Terms Used In This Part. (a) The term Commandant means the Commandant of the Coast Guard. (b) The term District Commander means an officer of the Coast Guard designated as such by the Commandant to command all Coast Guard activities within a district. (c) The term Area Commander means an officer of the Coast Guard designated as such by the Commandant to command all Coast Guard activities within an Area. §1.01-10 Organization. (a) The Commandant is the head of the agency and exercises overall direction over the policy and administration of the Coast Guard. (b) To carry out the regulatory and enforcement aspects of marine safety, the staff officers designated in this paragraph are assigned to the Commandant. The chain of military command is directly from the Commandant to the District Commanders, except for marine safety regulatory and enforcement matters within the area of responsibility of Coast Guard Activities Europe. For Activities Europe, the chain of command is from the Commandant to the Atlantic Area Commander. The staff officers at Headquarters act only on the basis of the Commandant's authority and direction. (1) The Assistant Commandant for Marine Safety, Security, and Environmental Protection, under the general direction of the Commandant, directs, supervises, and coordinates the activities of the Standards Directorate, consisting of the Office of Design and Engineering Standards, the Office of Operating and Environmental Standards, and the Office of Standards Evaluation and Development; the Field Activities Directorate, consisting of the Office of Compliance, the Office of Response, and the Office of Investigations and Analysis; the Waterways Management Directorate, consisting of the Great Lakes Pilotage Staff, the Office of Policy and Planning, and the Office of Vessel Traffic Management; and the Resource Management Directorate, consisting of the Office of Planning and Resources, and the Office of Information Resources. The Port Safety and Security programs administered by the Chief, Office of Compliance and the Marine Environmental Response programs administered by the Chief, Office of Response are guided by regulations contained in 33 CFR chapter I. The Assistant Commandant for Marine Safety, Security, and Environmental Protection exercises technical control over the Commanding Officer, National Maritime Center and, through the District Commander, supervises the administration of the Marine Safety Division of District Offices and Officers in Charge, Marine Inspection. (1)(i) The Director of Standards (G-MS), under the general direction and supervision of the Assistant Commandant for Marine Safety, Security, and Environmental Protection establishes federal policies for development of marine safety, security, and environmental protection treaties, laws, and regulations; develops safety, security and environmental protection standards for the maritime industry; integrates all marine safety, security, and environmental protection regulatory programs; prepares legislation, regulations, and industry guidance for new safety and environmental protection programs; and maintains an active program for development of third party consensus industry standards. (1)(i)(A) The Chief, Office of Design and Engineering Standards (G-MSE), at Headquarters, under the direction of the Assistant Commandant for Marine Safety, Security, and Environmental Protection and the Director of Standards, manages the program for defining the overall regulatory approach for vessels, offshore structures, and other marine systems incorporating safety considerations regarding the role of the human element; develops policies and regulations on load line matters and supervises classification societies authorized to assign load lines on behalf of the Coast Guard; oversees the development and maintenance of programs that incorporate risk-based methods in making safety determinations and policies; and oversees technical research and development for safety and environmental protection associated with marine vessels, structures and facilities. (1)(i)(B) The Chief, Office of Operating and Environmental Standards (G-MSO), at Headquarters, under the direction of the Assistant Commandant for Marine Safety, Security, and Environmental Protection and the Director of Standards, coordinates and integrates program standards for personnel qualification, vessel manning, vessel and facility operations, cargo systems and handling, and environmental protection; develops and maintains standards, regulations and industry guidance for maritime industry operations to prevent deaths, injuries, property damage, and environmental harm; develops and maintains safety standards and regulations for commercial fishing industry vessels and uninspected commercial vessels; and develops and maintains health and safety standards and regulations for U.S. inspected vessels. 3
(1)(i)(C) The Chief, Office of Standards Evaluation and Development (G-MSR), at Headquarters, under the Direction of the Assistant Commandant for Marine Safety, Security, and Environmental Protection and the Director of Standards, coordinates the development of new standards and programs across all technical and operational areas of marine safety, security, and environmental protection; provides comprehensive analytical support for all standards assessment and development efforts; and coordinates development of measures of effectiveness for assessing regulatory programs and consensus standards. (1)(ii) The Director of Field Activities (G-MO), under the general direction and supervision of the Assistant Commandant for Marine Safety, Security, and Environmental Protection, acts as Program Manager for the Marine Safety and Marine Environmental Protection Programs; directs, coordinates, and integrates the Coast Guard's marine safety, security, and environmental protection compliance programs, contingency planning, response operations, and investigations programs; establishes and coordinates field implementation policies and priorities for all marine safety commands and units; serves as the focal point for field support and technical guidance; and provides oversight of marine documentation and marine personnel administration matters. (1)(ii)(A) The Chief, Office of Compliance (G-MOC), at Headquarters, under the direction of the Assistant Commandant for Marine Safety, Security, and Environmental Protection and the Director of Field Activities, administers and balances all marine safety, security, and environmental protection compliance programs, including direction of Coast Guard activities and oversight of third parties and industry programs; develops, publishes and maintains program policies for vessel compliance, interprets standards and regulations, and provides field guidance for execution and enforcement; administers the marine inspection program and foreign vessel boarding program for the enforcement of commercial vessel material and operational safety standards; and supervises the administration of the manning of U.S. vessels. (1)(ii)(B) The Chief, Office of Response (G-MOR), at Headquarters, under the Direction of the Assistant Commandant for Marine Safety, Security, and Environmental Protection and the Director of Field Activities, coordinates and integrates field planning, preparedness, and response operations for pollution incidents, natural disasters, marine accidents, terrorism, and other threats to public safety, the marine environment, or marine transportation and commerce; develops, publishes, and maintains program policies for preparedness and response, interprets laws and regulations, and provides field guidance for execution; provides guidance regarding emergency authorities of the Captain of the Port (COTP); and administers Office programs for ports and waterway management, bridging compliance and response efforts with an active presence in the marine environment. (1)(ii)(C) The Chief, Office of Investigations and Analyses (G-
MOA), at Headquarters, under the direction of the Assistant Commandant for Marine Safety, Security, and Environmental Protection and the Director of Field Activities, reviews investigations of marine casualties; manages, develops policy for and evaluates domestic and international programs and processes associated with investigations of marine casualties and injuries; manages analysis of casualties and casualty data, civil penalties and other remedial programs (including proceedings to suspend or revoke Coast Guard licenses, documents or certificates held by mariners); and manages marine employer drug and alcohol testing programs. (1)(ii)(D) The Commanding Officer, Coast Guard National Maritime Center (NMC) under technical control of the Assistant Commandant for Marine Safety, Security, and Environmental Protection, administers operational and administrative control of the Marine Safety Center which conducts reviews and approvals of plans, calculations, and other materials concerning the design, construction, alterations, and repair of commercial vessels to determine conformance with the marine inspection laws, regulations, and implementing directions, and administers the U.S. Tonnage Measurement program; administers operational and administrational control over the National Vessel Documentation Center which administers U.S. vessel identification and documentation; administers merchant mariner licensing and seaman's documentation; and exercises administrative and technical oversight for the Marine Safety Laboratory (MSL). (1)(iii) The Director of Waterways Management (G-MW), under the general direction and supervision of the Assistant Commandant for Marine Safety, Security, and Environmental Protection, is the principle advisor to the Assistant Commandant for Marine Safety, Security, and Environmental Protection on waterways management objectives, goals, strategies, and related policy issues; coordinates waterways management issues with other interested Coast Guard offices; represents the Coast Guard with other DOT modal administrations and other federal, state, and international governmental organizations on matters concerning waterways management, DOT's Marine Transportation System (MTS), and port security; in coordination with the Director of Field Activities, resolves appeals on waterways management issues from industry and the public regarding decisions by Captains of the Port; as the Secretary of Transportation's representative, chairs the U.S. Port Security Committee; directs and administers the Interagency Committee on the Marine Transportation System and the Navigation Safety Advisory Council. (1)(iv) The Director of Resource Management (G-MR), under the general direction and supervision of the Assistant Commandant for Marine Safety, Security, and Environmental Protection, serves as Facility Manager for the marine safety programs; coordinates and integrates financial, informational, and human resources; plans, acquires, develops, and allocates resources for development and execution of the Coast Guard's marine safety programs; provides the focal point for all resource issues in support of the Standards and Operations Directorates; and oversees the development and management of the Coast Guard's direct user fee program. (2) The Chief Counsel of the Coast Guard at Headquarters, under the general direction and supervision of the General Counsel, Department of Homeland Security and the Commandant, considers cases involving alleged violations of navigation and vessel inspection laws or regulations prescribed thereunder and published in this chapter or in 33 CFR chapter I, and reviews appeals to the Commandant from statutory monetary penalties assessed therefor. Upon completion of such a review, the Chief Counsel prepares a proposed action for the Commandant's consideration or, in appropriate cases, takes final action on behalf of, and as directed by, the Commandant. [CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 95-072, 60 FR 50458, Sept. 29, 1995; CGD 95-072, 60 FR 54106, Oct. 19, 1995; CGD 96-041, 61 FR 50724, Sept. 27, 1996; CGD 97-057, 62 FR 51041, Sept. 30, 1997; USCG-1998-4442, 63 FR 52188, Sept. 30, 1998; 65 FR 58455, Sept. 29, 2000; 66 FR 48617, Sept. 21, 2001; 68 FR 9533, Feb. 28, 2003; USCG-2006-
24520,71 FR 35818, June 22,2006] §1.01-15 Organization; Districts; National Maritime Center. (a) To assist the District Commander, and the Atlantic Area Commander with respect to Activities Europe, in carrying out the regulatory and enforcement aspects of marine safety, there is assigned to each District Commander and to the Atlantic Area Commander a staff officer designated as Chief, Marine Safety Division. The chain of military command is from the District Commander to each Officer in Charge, Marine Inspection, within the district and from the Atlantic Area Commander to the Officer in Charge, Activities Europe. The Chief of the Marine Safety Division is a staff officer assigned to the District Commanders and Atlantic 4
Area Commander, and acts only on the basis of the authority and direction of the District Commanders, and the Atlantic Area Commanders with respect to Activities Europe. (b) The Officers in Charge, Marine Inspection, in the Coast Guard districts, under the supervision of the District Commanders, and the Officer in Charge, Activities Europe, under the supervision of the Atlantic Area Commander are in charge of the marine inspection offices in the various ports and have command responsibilities with assigned marine safety zones for the performance of duties with respect to the inspection, enforcement and administration of navigation and vessel inspection laws, and rules and regulations governing marine safety. The Officer in Charge, Marine Inspection, has been designated and delegated to give immediate direction to Coast Guard activities relating to marine safety functions consisting of inspection of vessels in order to determine that they comply with the applicable laws, rules, and regulations relating to construction, equipment, manning and operation, and to be satisfied that such vessels are in seaworthy condition for the services in which such vessels are to be operated; shipyard inspections; factory inspections of materials and equipment for vessels; the licensing, certificating, shipment and discharge of seaman; investigations of marine casualties and accidents; investigations of violations of law; negligence, misconduct, unskillfullness, incompetence or misbehavior of persons holding licenses, certificates, or documents issued by the Coast Guard; initiations of actions seeking suspension or revocation under 46 U.S.C. chapter 77 of licenses, certificates and documents held by persons, and presentation of cases at hearings before Administrative Law Judges; and the enforcement of navigation, vessel inspection and seaman laws in general. (c) The Commanding Officer of the National Maritime Center has been designated and delegated to: (1) Give direction to Coast Guard activities relating to marine safety functions consisting of the licensing, credentialing, certificating, shipment and discharge of seamen; (2) Refer to the processing Regional Examination Center (REC) or cognizant OCMI potential violations of law, negligence, misconduct, unskillfulness, incompetence or misbehavior of persons holding merchant mariner's documents, licenses, certificates or credentials issued by the Coast Guard, and recommend suspension or revocation under 46 U.S.C. Chapter 77 when deemed appropriate; and (3) Grant, withhold, suspend, or withdraw course approvals. (d) The Commanding Officer of the National Maritime Center has the same authority as an OCMI for the purpose of carrying out the marine safety functions listed in paragraph (c) of this section pursuant to the provisions of Subchapter B of this chapter. (e) Applicants for merchant mariner's documents, licenses, certificates or credentials may apply to the Coast Guard National Maritime Center or any of the Regional Examination Centers. Applicants may contact the National Maritime Center at 4200 Wilson Boulevard, Suite 630, Arlington, Virginia 22203-1804, or by telephone at 202-493-1002. A list of Regional Examination Locations is available through the Coast Guard Web site at http://www.uscg.mil
. (f) For descriptions of Coast Guard districts and marine inspection zones, see 33 CFR part 3. Subpart 1.03 – Rights Of Appeal [AUTHORITY: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46 U.S.C. Chapter 93; Public Law 107-296, 116 Stat. 2135; Department of Homeland Security Delegation No. 1070; §1.01-35 also issued under the authority of 44 U.S.C. 3507.] §1.03-10 Definition Of Terms Used In This Subpart. (a) The term recognized classification society means the American Bureau of Shipping or other classification society recognized by the Commandant. (b) The term new vessel means: (1) For vessels which require a Certificate of Inspection, a new vessel is a vessel which has not received an initial Certificate of Inspection. (2) For vessels which do not require a Certificate of Inspection, a new vessel is a vessel which has not received a Load Line assignment. (c) The term existing vessel means a vessel which is not a new vessel. §1.03-15 General. (a) Any person directly affected by a decision or action taken under this chapter or under chapter III of this title, by or on behalf of the Coast Guard, except for matters covered by subpart J of part 5 of this chapter dealing with suspension-and-revocation hearings, shall follow the procedures contained in this section when requesting that the decision or action be reviewed, set aside, or revised. (b) When requesting that a decision or action be reconsidered or reviewed, as may be required by this subpart, such request must be made within 30 days after the decision is rendered or the action is taken. (c) When making a formal appeal of a decision or action, as permitted by this subpart, such appeal must be submitted in writing and received by the authority to whom the appeal is required to be made within 30 days after the decision or action being appealed, or within 30 days after the last administrative action required by this subpart. Upon written request and for good cause, the 30 day time limit may be extended by the authority to whom the appeal is required to be made. (d) A formal appeal must contain a description of the decision or action being appealed and the appellant's reason(s) why the decision or action should be set aside or revised. (e) When considering an appeal, the Commandant or a District Commander may stay the effect of a decision or action being appealed pending determination of the appeal. (f) While a request for reconsideration or review or a formal appeal is pending, the original decision or action remains in effect, unless otherwise stayed under paragraph (e) of this section. (g) The Commandant may delegate authority to act on administrative appeals under this subpart to the Assistant Commandant for Marine Safety and Environmental Protection, and appropriate office chiefs within Marine Safety and Environmental Protection. (h) Formal appeals made to the Commandant shall be addressed to: (1) Commandant (G-MOC) for appeals involving vessel inspection issues, load line issues, and vessel manning issues; (2) Commandant (G-MS) for appeals involving vessel plan review or tonnage measurement issues; (3) Commandant (CG-3PC) for all appeals involving suspension or withdrawal of course approvals, all marine personnel issues appealed from the National Maritime Center or from an OCMI through a District Commander, and all appeals regarding the documentation of a vessel under part 67 or part 68 of this title. All appeals regarding the documentation of a vessel under part 67 or 5
part 68 of this title must be addressed to Commandant CG-
3PC(d), Coast Guard Headquarters, 2100 Second St., SW, Washington, DC 20593, and a copy of each such appeal must be sent to the National Vessel Documentation Center, 792 T J Jackson Drive; Falling Waters, WV 25419; (4) Commandant (G-PSE), for appeals involving the recognition of a classification society; or. (5) Commandant (G-M) for appeals involving decisions or actions of the Director, Great Lakes Pilotage. (i) Failure to submit a formal appeal in accordance with the procedures and time limits contained in this subpart results in the decision or action becoming final agency action. (j) Any decision made by the Commandant, or by the Assistant Commandant for Marine Safety and Environmental Protection, or by an office chief pursuant to authority delegated by the Commandant is final agency action on the appeal. [CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 89-007, CGD 89-007a, 58 FR 60265, Nov. 15, 1993; CGD 96-
041, 61 FR 50725, Sept. 27, 1996; CGD 97-057, 62 FR 51040, Sept. 30, 1997; CGD 95-010, 62 FR 67532, Dec. 24, 1997; USCG-1998-4442, 63 FR 52188, Sept. 30, 1998; USCG-1999-
6216, 64 FR 53222, Oct. 1, 1999; 65 FR 58455, Sept. 29, 2000; 66 FR 31842, June 13, 2001; 66 FR 44985, Aug. 27, 2001; 68 FR 37091, June 23, 2003]. §1.03-20 Appeals From Decisions Or Actions Of An OCMI. Any person directly affected by a decision or action of an OCMI may, after requesting reconsideration of the decision or action by the cognizant OCMI, make a formal appeal of that decision or action, via the office of the cognizant OCMI, to the District Commander of the district in which the office of the cognizant OCMI is located, or in the case of the Officer in Charge, Activities Europe, to the Atlantic Area Commander, in accordance with the procedures contained in Sec. 1.03-15 of this subpart.. §1.03-25 Appeals From Decisions Or Actions Of A District Commander. Any person directly affected by a decision or action of a District Commander made pursuant to §1.03-20 of this subpart, may make a formal appeal of that decision or action, via the office of the cognizant District Commander, to the Commandant, in accordance with the procedures contained in §1.03-15 of this subpart. §1.03-30 Appeals From Decisions Or Actions Of The Marine Safety Center. (a) Any person directly affected by a decision or action of the Marine Safety Center involving tonnage measurement or which otherwise affects a new vessel or plans for a vessel to be built may, after requesting reconsideration of the decision or action by the Commanding Officer, Marine Safety Center, make a formal appeal, of that decision or action, via the Commanding Officer, Marine Safety Center, to the Commandant, in accordance with the procedures contained in §1.03-15 of this subpart. (b) Any person directly affected by a decision or action of the Marine Safety Center not involving tonnage measurement but which otherwise affects an existing vessel, prior to initiating a formal appeal, must request review of that decision or action by the cognizant OCMI. Following review by the cognizant OCMI, the decision or action under review may be appealed to the District Commander, in accordance with the procedures contained in §1.03-20 of this subpart. [CGD 97-057, 62 FR 51040, Sept. 30, 1997, as amended by USCG-1998-4442, 63 FR 52188, Sept. 30, 1998] §1.03-35 Appeals From Decisions Or Actions Of A Recognized Classification Society Acting On Behalf Of The Coast Guard. (a) Any person directly affected by a decision or action of a recognized classification society performing plan review, tonnage measurement, or load line assignment on behalf of the Coast Guard may, after requesting reconsideration of the decision or action by the classification society, make a formal appeal, via the classification society headquarters, to the Commandant, in accordance with the procedures contained in §1.03-15 of this subpart. (b) Any person directly affected by a decision or action of a recognized classification society acting as a marine inspector, as defined in §30.10-43 of this chapter, on behalf of the Coast Guard, prior to initiating a formal appeal, must request review of that decision or action by the cognizant OCMI. Following review by the cognizant OCMI, the decision or action under review may be appealed to the District Commander, in accordance with the procedures contained in §1.03-20 of this subpart. [CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 97-057, 62 FR 51041, Sept. 30, 1997] §1.03-40 Appeals from decisions or actions of the National Maritime Center. Any person directly affected by a decision or action of an officer or employee of the National Maritime Center (NMC) involving any of the marine safety functions listed in §1.01-15(c) of this subpart may, after requesting reconsideration of the decision or action by the NMC, make a formal appeal of that decision or action, via the NMC, to the Director of Inspection and Compliance, Commandant (G-PC), on such an appeal will constitute final agency action. [USCG – 2006-25535, 71 FR 48482, Autg. 21, 2006] §1.03-45 Appeals from decisions or actions involving documentation of vessels. Any person directly affected by a decision or action of an officer or employee of the Coast Guard acting on or in regard to the documentation of a vessel under part 67 or part 68 of this title, may make a formal appeal of that decision or action to the Director of Inspection and Compliance, Commandant (CG-3PC), in accordance with the procedures contained in §1.03-15 of this subpart. The decision of the Director of Inspection and Compliance, Commandant (CG-3PC), on such an appeal will constitute final agency action. §1.03-50 Appeals From Decisions Or Actions Of The Director, Great Lakes Pilotage. Any person directly affected by a decision or action of the Director, Great Lakes Pilotage, may make a formal appeal of that decision or action to Commandant (G-M), in accordance with the procedures contained in §1.03-15 of this subpart. [66 FR 31842, June 13, 2001; 66 FR 44985, Aug. 27, 2001; 68 FR 37091, June 23, 2003 6
Part 2 – Vessel Inspections
Table Of Contents Subpart 2.01–Inspecting And Certificating Of Vessels Sec. 2.01-1 Applications For Inspections. 2.01-5 Certificate Of Inspection. 2.01-6 Certificates Issued To Foreign Vessels. 2.01-8 Application Of Regulations To Vessels Or Tankships On An International Voyage. 2.01-13 Inspection Requirements–Foreign Vessels. 2.01-20 Suspension Or Revocation Of Certificates Of Inspection. 2.01-25 International Convention For Safety Of Life At Sea, 1974. 2.01-30 Delegation Of OCMI Signature Authority. 2.01-40 Passengers Or Persons In Addition To Crew On Cargo Or Tank Vessels. Subpart 2.10–Fees 2.10-1 Applicability. 2.10-5 Exemptions. 2.10-20 General Requirements. 2.10-125 Fees For Examination Of Foreign Tankships. 2.10-130 Fees For Examination Of Foreign Mobile Offshore Drilling Units. 2.10-135 Penalties. Subpart 2.50–Penalties 2.50-1 Penalty Procedures. Subpart 2.75–Approvals Of Safety Equipment, Materials And Installations, And Qualifications For Construction Personnel 2.75-1 Approvals. 2.75-5 Certificates Of Approval. Subpart 2.85–Load Lines 2.85-1 Assignment Of Load Lines. Subpart 2.95–Retention Of Records By The Public 2.95-1 Certificates Or Documents Issued By Coast Guard. 2.95-5 Certificates Or Documents Issued By Others. Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2110, 3103, 3205, 3306, 3307, 3703; 46 U.S.C. Chapter 701; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. Subpart 2.45 also issued under the Act Dec. 27, 1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. note prec. 1).
[SOURCE: CGFR 65-50, 30 FR 16604, Dec. 30, 1965, unless otherwise noted.] [65 FR 6494, Feb. 9, 2000; 65 FR 58455, Sept. 29, 2000; 67 FR 34756, May 15, 2002] Subpart 2.01 – Inspecting And Certificating Of Vessels §2.01-1 Applications For Inspections. (a) Application forms. (1) Applications for inspections of vessels required to be inspected under Subtitle II, Title 46 of the U.S. Code, Title 46 and Title 33 U.S. Code, or under 50 U.S.C. 198 shall be made by the master, owner, or agent on the following Coast Guard forms which are obtainable from the Officer in Charge, Marine Inspection, at any local U.S. Coast Guard Marine Safety Office. (1)(i) CG-3752–Application for Inspection of U.S. Vessel. (1)(ii) CG-986–Application for Inspection of Foreign Vessel. (2) These applications require information on name and type of vessel, nature of employment and route in which to be operated, and place where and date when the vessel may be inspected. (b) To whom submitted. The completed form must be submitted to the Officer in Charge, Marine Inspection, in the Marine Inspection Zone within which the inspection is to be conducted. (c) New vessels. Applications for inspection of new vessels must be preceded by the submission of applicable drawings or prints in accordance with the specific requirements in subchapters D (Tank Vessels), E (Load Lines), F (Marine Engineering), H (Passenger Vessels), I (Cargo and Miscellaneous Vessels), J (Electrical Engineering), K (Small Passenger Vessels Carrying More Than 150 Passengers Or With Overnight Accommodations For More Than 49 Passengers), L (Offshore Supply Vessels), O (Certain Bulk Dangerous Cargoes), S (Subdivision and Stability), and T (Small Passenger Vessels) of this chapter applicable to that particular type of vessel or type of service in which the vessel is proposed to be operated. (d) Foreign-built vessels. (1) Those foreign-built vessels which are specifically authorized by public or private laws to engage in the coastwise trade, and those foreign-built vessels which are documented to engage in the foreign trade shall be inspected and certificated as required by law and/or the regulations in this chapter which are applicable to their class and employment. (2) Foreign-built vessels are not permitted to engage in the U.S. coastwise trade (domestic trade) unless specifically authorized by law. Therefore, when foreign-built vessels are intended for use in the coastwise trade as defined by the U.S. Customs Service, such vessels will not be inspected and certificated unless specifically authorized by law to engage in coastwise trade. [CG FR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 79-023, 48 FR 51006, Nov. 4, 1983; CGD 91-030, 60 FR 13563, Mar. 13, 1995; CGD 97-057, 62 FR 51041, Sept. 30, 1997; CGD 95-028, 62 FR 51194, Sept. 30, 1997] §2.01-5 Certificate Of Inspection. (a) Issuance of certificates. Upon completion of the inspection of a United States vessel, and on condition that the vessel and its equipment are approved by the inspector, a certificate of one or more of the following Coast Guard forms is issued by the Officer in Charge, Marine Inspection: (1) CG-841–Certificate of Inspection. (2) CG-854–Temporary Certificate of Inspection. (b) Description of certificates. The certificates of inspection issued to United States vessels describe the vessel, the route the vessel may travel, the minimum manning requirements, the safety equipment and appliances required to be on board, the total number of persons that may be carried, and the names of the owners and operators. The period of validity is stated on the certificate. The certificate may be renewed by applying for inspection under §2.01-1. (c) Amending certificates. When, because of a change in the character of the vessel or vessel's route, equipment, etc., the 7
vessel does not comply with the requirements of the Certificate of Inspection previously issued, a certificate amending such certificate may be issued at the discretion of the Officer in Charge, Marine Inspection, to whom a request is made on Coast Guard form CG-858, Certificate of Inspection Amendment. [CGD 77-014, 44 FR 5316, Jan. 25, 1979; 65 FR 6494, Feb. 9, 2000] §2.01-6 Certificates Issued To Foreign Vessels. (a) Issuance of certificates. Upon completion of an examination of a foreign vessel, one or more of the following certificates is issued by the Officer in Charge, Marine Inspection: (1) CG-4504–Control Verification for Foreign Vessel–issued to a foreign vessel that is registered in a country which is signatory to the International Convention for the Safety of Life at Sea, 1974. (2)(i) CG-2832A–Letter of Compliance–issued to a foreign vessel that is suitable for carriage of hazardous cargoes in bulk as defined in 46 Code of Federal Regulations, subchapter 0 and is in compliance with Tankship Cargo Venting and Handling Systems and Minimum Pollution Prevention Regulations and Transfer Procedures (33 CFR parts 155, 156, 157 and 159), and Navigation Safety Inspection Regulations (33 CFR part 164). (2)(ii) Letter of Compliance–issued to Foreign Mobile Offshore Drilling Units engaged in Outer Continental Shelf activities under 33 CFR 143.210. (3) CG-840S-1–Tank Vessel Examination Letter–issued to a foreign vessel that is suitable for carriage of cargoes as defined in 46 Code of Federal Regulations, subchapter D and is in compliance with Tankship Cargo Venting and Handling Systems and Minimum Safety Standards (SOLAS 74–46 CFR part 35), Pollution Prevention Regulations and Transfer Procedures (33 CFR parts 155, 156, 157 and 159), and Navigation Safety Regulations (33 CFR part 164). (4) Foreign vessels of countries which are nonsignatory to the International Convention for the Safety of Life at Sea, 1974, are issued a Temporary Certificate of Inspection (CG-854) and a Certificate of Inspection (CG-841) as described in §2.01-5. (b) Description of Certificates. (1) CG-4504–Control Verification for Foreign Vessels-describes the vessel, type of certificate required by the International Convention for the Safety of Life at Sea, 1974, country issued by, and its expiration date. The period of validity of a control verification for foreign vessel is stated on the certificate. (2) CG-2832A–Letter of Compliance–describe the vessel and the period for which the letter is valid. (3) CG-840S-1–Tank Vessel Examination Letter–describe the vessel and if there are any deficiencies as to applicable regulations at the time the vessel was examined. If there are deficiencies they are listed in an attachment to this letter (CG-
840S-2). The Tank Vessel Examination Letter is valid for a period of 1 year from the date the examination is completed. (4) Temporary Certificate of Inspection (CG-854) and Certificate of Inspection (CG-841) are amended as provided for in §2.01-
5(c). [CGD 77-014, 44 FR 5316, Jan. 25, 1979, as amended by CGD 90-008, 55 FR 30659, July 26, 1990; CGD 91-030, 60 FR 13563, Mar. 13, 1995] §2.01-8 Application Of Regulations To Vessels Or Tankships On An International Voyage. (a) Where, in various places or portions in this chapter, requirements are stipulated specifically for vessels on an international voyage or tankships on an international voyage, it is intended that these requirements apply only to vessels or tankships, as applicable, which are subject to the International Convention for Safety of Life at Sea, 1974. (b) For details regarding application of Convention requirements to tankships, see §30.01-6 of this chapter; to passenger vessels, see §70.05-10 of this chapter; to cargo ships other than tankships, see §90.05-10 of this chapter; and to small passenger vessels, see §§115.900 and 176.900 of this chapter. (E.O. 11239, 30 FR 9671, 3 CFR, 1965 Supp.). [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 90-008, 55 FR 30659, July 26, 1990; 65 FR 6494, Feb. 9, 2000] §2.01-13 Inspection Requirements–Foreign Vessels. (a) Foreign vessels registered in countries which are parties to the effective International Convention for Safety of Life at Sea are normally subject to the examination provided for in Chapter I of that Convention. However, in the case of any vessel involving novel features of design or construction, upon which that Convention is silent or which involve potential unusual operating risks, a more extensive inspection may be required when considered necessary to safeguard the life or property in United States ports where such vessel may enter. In such a case, pertinent plans and/or calculations may be required to be submitted sufficiently in advance to permit evaluation before inspection. (b) Foreign vessels registered in countries which are not parties to the effective International Convention for Safety of Life at Sea, or foreign vessels registered in countries which are parties to the effective Convention but which vessels are exempted from part or all of the Convention, may under conditions specified in applicable inspection laws be subject to inspection and certification as specified in regulations governing specific categories of vessels. (c) For details concerning application of regulations to foreign vessels, see part 30 (Tank Vessels), part 70 (Passenger Vessels), part 90 (Cargo and Miscellaneous Vessels), §147.1 (Dangerous Cargoes), part 148 (Bulk Solid Hazardous Materials), parts 153 and 154 (Certain Bulk Dangerous Cargoes), and part 175 (Small Passenger Vessels) of this chapter. [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 73-96, 42 FR 49022, Sept. 26, 1977; CGD 97-057, 62 FR 51041, Sept. 30, 1997] §2.01-20 Suspension Or Revocation Of Certificates Of Inspection. Under the authority if 46 U.S.C. 3313 and 46 U.S.C. 3710, a certificate of inspection issued to a vessel may be suspended or revoked if a vessel is found not to comply with the terms of its certificate or fails to meet a standard required by this chapter. [CGD 95-028, 62 FR 51195, Sept. 30, 1997, as amended by USCG-1998-4442, 63 FR 52188, Sept. 30, 1998] §2.01-25 International Convention For Safety Of Life At Sea, 1974. (a) Certificates required. (1) The International Convention for Safety of Life at Sea, 1974, requires one or more of the following certificates to be carried on board certain passenger, cargo or tankships engaged in international voyages: (1)(i) Passenger Ship Safety Certificate. (1)(ii) Cargo Ship Safety Construction Certificate. (1)(iii) Cargo Ship Safety Equipment Certificate. (1)(iv) Cargo Ship Safety Radio Certificate. 8
(1)(v) Nuclear Passenger Ship Safety Certificate. (1)(vi) Nuclear Cargo Ship Safety Certificate. (1)(vii) Safety Management Certificate. (1)(viii) International Ship Security Certificate. (2) The U.S. Coast Guard will issue through the Officer In Charge, Marine Inspection, the following certificates after performing an inspection or safety management audit of the vessel's systems and determining the vessel meets the applicable requirements: (2)(i) Passenger Ship Safety Certificate. (2)(ii) Cargo Ship Safety Construction Certificate, except when issued to cargo ships by a Coast Guard recognized classification society at the option of the owner or agent. (2)(iii) Cargo Ships Safety Equipment Certificate. (2)(iv) Exemption Certificate. (2)(v) Nuclear Passenger Ship Safety Certificate. (2)(vi) Nuclear Cargo Ship Safety Certificate. (2)(vii) Safety Management Certificate, except when issued by a recognized organization authorized by the Coast Guard. (2)(viii) International Ship Security Certificate (ISSC). (3) When authorized by the Commandant, U.S. Coast Guard, the American Bureau of Shipping may issue the Cargo Ship Safety Construction Certificate to cargo and tankships which it classes. (4) The Federal Communications Commission will issue the following certificates: (4)(i) Cargo Ship Safety Radio Certificate. (4)(ii) Exemption Certificate. (b) Applications. (1) The application for inspection and issuance of a certificate or certificates is made on the appropriate form listed in §2.01-1, or by letter, to the Officer in Charge, Marine Inspection, in or nearest the port at which the inspection is to be made and shall be signed by the master or agent of the vessel. The certificates previously issued are surrendered at the time the inspection is performed. Further details are set forth in subchapter D (Tank Vessels), subchapter H (Passenger Vessels), subchapter I (Cargo and Miscellaneous Vessels), subchapter K (Small Passenger Vessels Carrying more than 150 Passengers or with overnight accommodations for more than 49 Passengers), subchapter L (Offshore Supply Vessels), subchapter O (Certain Bulk Dangerous Cargoes), and subchapter T (Small Passenger Vessels), of this chapter. (2) For vessels other than passenger vessels, you must contact the local office of the Federal Communications Commission to apply for the inspection concerning the issuance of a Cargo Ship Safety Radio Certificate. (c) Certificates issued. (1) If a vessel meets the applicable requirements of the Convention, it shall be issued appropriate certificates listed in paragraph (a) of this section. These certificates describe the vessel and state the vessel is in compliance with the applicable requirements of the Convention. (2) A Convention certificate may be withdrawn, revoked or suspended at any time when it is determined the vessel is no longer in compliance with applicable requirements. (See §2.01-70 for appeal procedures.) (d) CG-969–Notice of Receipt of Application for Passenger Ship Safety Certificate. (1) The Passenger Ship Safety Certificate is issued by the Commandant after determining all applicable requirements of the Convention have been met. In the event the completion of the certification of any passenger vessel cannot be effected prior to the sailing of the passenger ship on a foreign voyage, or in any case where the Passenger Ship Safety Certificate is not received from the Commandant before the ship sails on a foreign voyage, the Officer in Charge, Marine Inspection, will issue a completed Form CG-969, describing the passenger ship and certifying that an application for a Passenger Ship Safety Certificate is being processed, and that in his opinion the vessel meets applicable requirements of the Convention administered by the Coast Guard. (2) The completed Form CG-969 may be exhibited in explanation of the failure of the passenger ship to have on board a current Passenger Ship Safety Certificate. This completed form CG-969 may be accepted as prima facie evidence that the passenger ship described therein is in compliance with the applicable requirements of the Convention. (e) Exempted vessel. (1) A vessel may be exempted by the Commandant from complying with certain requirements of the Convention under his administration upon request made in writing to him and transmitted via the Officer in Charge, Marine Inspection. In such case the exemptions are stated in the Exemption Certificate, which is issued by the Commandant through the appropriate Officer in Charge, Marine Inspection. (2) The Federal Communications Commission issues the Exemption Certificate, which modifies the Cargo Ship Safety Radio Certificate. (f) Availability of Certificates. The Convention certificates must be on board the vessel and readily available for examination at all times. (g) Foreign flag vessels. At the request of the government of a country in which is registered a vessel engaged in an international voyage, such a vessel may be issued the applicable certificate or certificates listed in paragraph (a) of this section. The certificate will be issued only after inspection has been made by the issuing agency, providing the vessel is found to comply with the requirements of the Convention. [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 73-96, 42 FR 49023, Sept. 16, 1977; CGD 90-008, 55 FR 30659, July 26, 1990; CGD 95-073, 62 FR 67514, Dec. 24, 1997; USCG-
1999-6216, 64 FR 53222, Oct. 1, 1999; 65 FR 6494, Feb. 9, 2000
[FR Doc. 03-26347 Filed 10-17-03; 8:45 am] §2.01-30 Delegation Of OCMI Signature Authority. The OCMI may redelegate to one individual on his or her staff authority to sign documents issued under this subpart. [CGD 97-001, 62 FR 17748, Apr. 11, 1997] §2.01-40 Passengers Or Persons In Addition To Crew On Cargo Or Tank Vessels. (a) Under the authority of 46 U.S.C. 3304, a documented vessel transporting cargo may be allowed by its certificate of inspection to carry not more than 12 individuals in addition to the crew on international voyages and not more than 16 individuals in addition to the crew on other voyages. (b) The application for permission to carry persons in addition to 9
the crew may be included in the application described in §2.01-1. If granted it is endorsed on the certificate of inspection. CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997] Subpart 2.10–Fees [SOURCE: CGD 91-030, 60 FR 13563, Mar. 13, 1995, unless otherwise noted.] §2.10-1 Applicability. (a) This subpart establishes vessel inspection fees for all vessels required to have a Certificate of Inspection and vessel examination fees for all foreign vessels required to have either a Letter of Compliance or a Tank Vessel Examination Letter. (b) The fees in this subpart do not apply to: (1) Vessels being inspected for the initial issuance of a Certificate of Inspection; (2) Foreign passenger vessels; (3) Training vessels operated by State maritime academies; (4) Public vessels of the United States except for Maritime Administration vessels; and (5) Publicly owned ferries. [CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 96-067, 62 FR 19232, Apr. 21, 1997] §2.10-5 Exemptions. (a) Vessels owned or operated by a non-profit organization may be exempted from payment of the fees required by this subpart, only if the vessel is used exclusively for one or more of the following: (1) Training youth in boating, seamanship, or navigation skills; (2) Educating youth in a course of marine environmental studies; (3) Providing excursions for persons with disabilities as defined under the Americans with Disabilities Act (ADA) [42 U.S.C. 12102(2)]; or (4) Providing medical services. (b) Vessels owned or operated by the Federal government or the government of any State or political subdivision thereunder may be exempted from the fees required by this subpart provided the vessel is used exclusively for one or more of the purposes listed in paragraph (a) of this section. (c) The term used exclusively in paragraphs (a) and (b) of this section does not preclude: (1) The carriage of adult volunteers or crew, or (2) The vessel's use for fundraising activities without regard to the age of the participants aboard the vessel, provided revenues raised are for the operation and maintenance of the vessel and that such fundraising activities do not exceed one day of fundraising for each month of the vessel's operating season. (d) Vessel owners or operators may submit a written request for exemption to the Officer in Charge, Marine Inspection, of the Marine Inspection Zone in which the vessel normally operates. The exemption request must provide the vessel name, the vessel identification number, and evidence that the organization and the vessel meet the criteria set forth in this section. [CGD 96-067, 62 FR 19232, Apr. 21, 1997, as amended by CDG §2.10-20 General Requirements. (a) Unless otherwise specified, vessel owners must pay the fees required by this subpart before inspection or examination services are provided. (b) Fees required by this subpart must be paid in U.S. currency by check or money order, drawn on a U.S. bank, and made payable to the U.S. Treasury. (c) All payments must be accompanied by the vessel name and its vessel identification number. (d) Unless otherwise specified, fees required by this subpart must be mailed to the following address: USCG Inspection Fees, PO Box 105663, Atlanta, GA 30348-5663. (e) For purposes of this subpart, the address for Commandant (G-
MRP) is: Commandant (G-MRP), United States Coast Guard, 2100 Second Street S.W., Washington, DC 20593-0001. (f) Information concerning a vessel's user fee anniversary date may be obtained from any Coast Guard Marine Safety or Marine Inspection Office. [CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 1996] §2.10-125 Fees For Examination Of Foreign Tankships. Each foreign tankship of a country party to the International Convention for the Safety of Life at Sea, 1974 as amended, must pay: (a) For examination for the issuance of a Letter of Compliance under §2.01-6(a)(2)(i) of this part, or examination for the annual endorsement to a Letter of Compliance, a fee of $1,100. (b) For examination for the issuance of a Tank Vessel Examination Letter under §2.01-6(a)(3) of this part, a fee of $1,100. §2.10-130 Fees For Examination Of Foreign Mobile Offshore Drilling Units. Each foreign mobile offshore drilling unit must pay: (a) For examination for the issuance of a Letter of Compliance indicating compliance with the design and equipment standards of either the documenting nation or the International Maritime Organization Code for Construction and Equipment of Mobile Offshore Drilling Units, a fee of $1,830. (b) For examination for the issuance of a Letter of Compliance indicating compliance with the design and equipment standards of 46 CFR part 108, the inspection fee listed in table 2.10-101 of this subpart for the same type of mobile offshore drilling unit. §2.10-135 Penalties. (a) A vessel owner or operator who fails to pay a fee or charge established under this subpart is liable to the United States Government for a civil penalty. (b) In addition to the fees established in this subpart, the Coast Guard may recover collection and enforcement costs associated with delinquent payments of, or failure to pay, a fee. Coast Guard inspection and examination services may also be withheld pending payment of outstanding fees owed to the Coast Guard for inspection and examination services provided. (c) Each District Commander or Officer in Charge Marine Inspection may request the Secretary of the Treasury, or the authorized representative thereof, to withhold or revoke the 10
clearance required by 46 U.S.C. app. 91 of a vessel for which a fee or charge established under this part has not been paid or until a bond is posted for the payment. [CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 96-052, 62 FR 16703, Apr. 8, 1997] Subpart 2.50 – Penalties §2.50-1 Penalty Procedures. Civil and criminal penalty procedures appear in 33 CFR part 1. Civil monetary penalty amounts are set forth in 33 CFR part 27. [CGD 96-052, 62 FR 16703, Apr. 8, 1997] Subpart 2.75 – Approvals Of Safety Equipment, Materials And Installations, And Qualifications For Construction Personnel §2.75-1 Approvals. (a) Certain navigation and vessel inspection laws, or regulations in this chapter or in 33 CFR chapter I, require the Commandant's approval before specific types of safety equipment, materials, or installations may be installed or used on vessels subject to Coast Guard inspection, or on other described vessels, motorboats, artificial islands, and fixed structures. (b) The Commandant's approvals are issued to persons, partnerships, companies, or corporations who offer for sale specific items of safety equipment, materials, or installations, or intend them for their own or others' use. These approvals are intended to provide a control over the quality of such approved items. The Commandant's approvals apply only to those items constructed or installed in accordance with applicable requirements, and the details as described in the documents granting specific approval. If a specific item when manufactured does not comply with these details, then it is not considered to be approved and the approval issued does not apply to such modified item. For example, if an item is manufactured with changes in design or material not previously approved, the approval does not apply to such modified item. The failure to comply with applicable requirements and details specified in the approval subjects the holder to immediate suspension of approval as described in §2.75-40, and if necessary, to a public hearing seeking withdrawal of approval and removal of all such items from use or installation as provided in §2.75-50. (c) The Commandant's approvals are issued to qualified holders in the form of certificates of approval (Form CGHQ-10030), by appropriate description and identification in documents filed with the Office of the Federal Register and published in the FEDERAL REGISTER, or by letters, or by appropriate markings on drawings, plans, etc. Under the direction of the Commandant, the Assistant Commandant for Marine Safety and Environmental Protection is delegated the authority to exercise the necessary actions relating to the granting, suspension, cancellation or revocation of approvals for special items of safety equipment, materials or installations required by law in regulation in this chapter or in 33 CFR chapter I to have the Commandant's approval. The authority delegated to the Assistant Commandant for Marine Safety and Environmental Protection may be further delegated by him. (d) The approvals granted to holders qualifying under the regulations in this chapter or in specifications, copies of which may be obtained from the Commandant (G-MSE), and to which official Coast Guard numbers are assigned, will be in the form of certificates of approval. Unless specifically provided otherwise, the approval shall be valid for a period of five years from the date on the certificate of approval, but subject to suspension and/or cancellation if it is found the item offered, sold, or used as Coast Guard approved differs in any detail from the item as described in the certificate of approval and referenced material. (e) A specific Commandant's approval granted to anyone, which is described in a certificate of approval, or a letter, or marked plans, etc., cannot be transferred to another without a specific prior authorization from the Commandant. Such a transfer without the Commandant's authorization normally terminates such approval. (f) 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. [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 82-063b, 48 FR 4781, Feb. 3, 1983; CGD 88-070, 53 FR 34533, Sept. 7, 1988; CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 93-055, 61 FR 13927, Mar. 28, 1996; CGD 96-041, 61 FR 50725, Sept. 27, 1996; CGD 97-057, 62 FR 51041, Sept. 30, 1997] §2.75-5 Certificates Of Approval. (a) The Assistant Commandant for Marine Safety and Environmental Protection or his delegate, will issue a certificate of approval to the manufacturer or party named therein and certify that such manufacturer or party has submitted satisfactory evidence that the item described therein complies with the applicable laws and regulations, which are outlined on the reverse side of the certificate. (b) The approval shall be in effect for a period of 5 years from the date on the certificate of approval unless sooner canceled or suspended by proper authority, or otherwise specifically stated in the certificate. [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 82-063b, 48 FR 4781, Feb. 3, 1983; CGD 88-070, 53 FR 34533, Sept. 7, 1988; CGD 96-041, 61 FR 50725, Sept. 27, 1996; CGD 97-057, 62 FR 51041, Sept. 30, 1997] Subpart 2.85 – Load Lines §2.85-1 Assignment Of Load Lines. Most U.S. vessels, and foreign vessels in U.S. waters are required to have load line assignments in accordance with 46 U.S.C. Chapter 51. The load lines marks, when placed on a vessel, indicate the maximum draft to which such vessel can be lawfully submerged, in the various circumstances and seasons applicable to such vessel. See subchapter E (Load Lines) of this chapter for applicable details governing assignment and marking of load lines. [CGD 95-028, 62 FR 51195, Sept. 30, 1997, as amended by USCG-1998-4442, 63 FR 52188, Sept. 30, 1998] Subpart 2.95–Retention Of Records By The Public §2.95-1 Certificates Or Documents Issued By Coast Guard. (a) Certificates or documents issued to the public, as required by laws, rules, or regulations, shall be retained for the applicable period of time, as follows: (1) If the certificate or document specifies a definite period of time for which it is valid, it shall be retained for so long as it is valid unless it is required to be surrendered; or, (2) If the certificate or document does not specify a definite period of time for which it is valid, it shall be retained for that period of time such certificate or document is required for operation of the vessel; or, (3) If the certificate or document is evidence of a person's qualifications, it shall be retained for so long as it is valid unless it is required to be surrendered. 11
(b) Nothing in this section shall be construed as preventing the Coast Guard from canceling, suspending, or withdrawing any certificate or document issued at any time. §2.95-5 Certificates Or Documents Issued By Others. (a) Certificates or documents issued by other public agencies or private organizations, which are accepted as prima facie evidence of compliance with requirements administered by the Coast Guard, shall be retained for the applicable period of time as follows: (1) If the certificate or document specifies a definite period of time for which it is valid, it shall be retained for so long as it is valid unless it is required to be surrendered; or (2) If the certificate or document does not specify a definite period of time for which it is valid, it shall be retained for the period of time such certificate or document is required for operation of the vessel; or, (3) If the certificate or documents is evidence of a person's qualifications, it shall be retained for so long as it is valid unless it is required to be surrendered. 12
Part 4 – Marine Casualties And Investigations Table Of Contents Subpart 4.01–Authority And Scope Of Regulations Sec. 4.01-1 Scope Of Regulation. 4.01-3 Reporting Exclusion. Subpart 4.03–Definitions 4.03-1 Marine Casualty Or Accident. 4.03-2 Serious Marine Incident. 4.03-4 Individual Directly Involved In A Serious Marine Incident 4.03-5 Medical Facility. 4.03-6 Qualified Medical Personnel. 4.03-7 Chemical Test. 4.03-10 Party In Interest. 4.03-15 Commandant. 4.03-20 Coast Guard District. 4.03-25 District Commander. 4.03-30 Investigating Officer. 4.03-35 Nuclear Vessel. 4.03-40 Public Vessels. 4.03-45 Marine Employer. 4.03-50 Recreational Vessel. 4.03-55 Law Enforcement Officer. Subpart 4.04–Notice Of Potential Vessel Casualty 4.04-1 Reports Of Potential Vessel Casualty. 4.04-3 Reports Of Lack Of Vessel Communication. 4.04-5 Substance Of Reports. Subpart 4.05–Notice Of Marine Casualty And Voyage Records 4.05-1 Notice Of Marine Casualty. 4.05-5 Substance Of Marine Casualty Notice. 4.05-10 Written Report Of Marine Casualty. 4.05-12 Alcohol Or Drug Use By Individuals Directly Involved In Casualties. 4.05-15 Voyage Records, Retention Of. 4.05-20 Report Of Accident To Aid To Navigation. 4.05-25 Reports When State Of War Exists. 4.05-30 Incidents Involving Hazardous Materials. 4.05-35 Incidents Involving Nuclear Vessels. 4.05-40 Alternate Electronic Means Of Reporting. Subpart 4.06–Mandatory Chemical Testing Following Serious Marine Incidents Involving Vessels In Commercial Service 4.06-1 Responsibilities Of The Marine Employer. 4.06-5 Responsibilities Of Individuals Directly Involved In Serious Marine Incidents. 4.06-10 Required Specimens. 4.06-20 Specimen Collection Requirements. 4.06-30 Specimen Collection In Incidents Involving Fatalities. 4.06-40 Specimen Handling And Shipping. 4.06-50 Specimen Analysis And Follow-Up Procedures. 4.06-60 Submission Of Reports And Test Results. Subpart 4.07–Investigations 4.07-1 Commandant Or District Commander To Order Investigation. 4.07-5 Investigating Officers, Powers Of. 4.07-7 Opening Statement. 4.07-10 Report Of Investigation. 4.07-15 Recommendations, Action On. 4.07-20 Transfer Of Jurisdiction. 4.07-25 Testimony Of Witnesses In Other Districts, Depositions. 4.07-30 Testimony Of Witnesses Under Oath. 4.07-35 Counsel For Witnesses And Parties In Interest. 4.07-45 Foreign Units Of Coast Guard, Investigation By. 4.07-55 Information To Be Furnished Marine Board Of Investigation. Subpart 4.09–Marine Board Of Investigation 4.09-1 Commandant To Designate. 4.09-5 Powers Of Marine Board Of Investigation. 4.09-10 Witnesses, Payment Of. 4.09-15 Time And Place Of Investigation, Notice Of; Rights Of Witnesses, Etc. 4.09-17 Sessions To Be Public. 4.09-20 Record Of Proceedings. 4.09-25 U.S. Attorney To Be Notified. 4.09-30 Action On Report. 4.09-35 Preferment Of Charges. Subpart 4.11–Witnesses And Witness Fees 4.11-1 Employees Of Vessels Controlled By Army Or Navy As Witnesses. 4.11-5 Coercion Of Witnesses. 4.11-10 Witness Fees And Allowances. Subpart 4.12–Testimony By Interrogatories And Depositions 4.12-1 Application, Procedure, And Admissibility. Subpart 4.13–Availability Of Records 4.13-1 Public Availability Of Records. Subpart 4.19–Construction Of Regulations And Rules Of Evidence 4.19-1 Construction Of Regulations. 4.19-5 Adherence To Rules Of Evidence. Subpart 4.21–Computation Of Time 4.21-1 Computation Of Time. Subpart 4.23–Evidence Of Criminal Liability 4.23-1 Evidence Of Criminal Liability. Subpart 4.40–Coast Guard–National Transportation Safety Board Marine Casualty Investigations 4.40-1 Purpose. 4.40-3 Relationship To Coast Guard Marine Investigation Regulations And Procedures. 4.40-5 Definitions. 4.40-10 Preliminary Investigation By The Coast Guard. 4.40-15 Marine Casualty Investigation By The Board. 4.40-20 Cause Or Probable Cause Determinations From Board Investigation. 4.40-25 Coast Guard Marine Casualty Investigation For The Board. 4.40-30 Procedures For Coast Guard Investigation. 4.40-35 Records Of The Coast Guard And The Board. Authority: 33 U.S.C. 1231; 43 U.S.C. 1333; 46 U.S.C. 2103, 2306, 6101, 6301, 6305; 50 U.S.C. 198; Department of Homeland Security Delegation No. 0170.1. Authority for subpart 4.40: 49 U.S.C. 1903(a)(1)(E). [SOURCE: CGD 74-119, 39 FR 33317, Sept. 17, 1974, unless otherwise noted.] 13
Subpart 4.01–Authority And Scope Of Regulations §4.01-1 Scope Of Regulation. The regulations in this part govern the reporting of marine casualties, the investigation of marine casualties and the submittal of reports designed to increase the likelihood of timely assistance to vessels in distress. [CGD 85-015, 51 FR 19341, May 29, 1986] §4.01-3 Reporting Exclusion. (a) Vessels subject to 33 CFR 173.51 are excluded from the requirements of subpart 4.05. (b) Vessels which report diving accidents under 46 CFR 197.484 regarding deaths, or injuries which cause incapacitation for greater than 72 hours, are not required to give notice under §4.05-1(a)(5) or §4.05-1(a)(6). (c) Vessels are excluded from the requirements of §4.05-1(a)(5) and (a)(6) with respect to the death or injury of shipyard or harbor workers when such accidents are not the result of either a vessel casualty (e.g., collision) or a vessel equipment casualty (e.g., cargo boom failure) and are subject to the reporting requirements of Occupational Safety and Health Administration (OSHA) under 29 CFR 1904. (d) Except as provided in subpart 4.40, public vessels are excluded from the requirements of this part. [CGD 76-170, 45 FR 77441, Nov. 24, 1980; 46 FR 19235, Mar. 30, 1981, as amended by CGD 76-170, 47 FR 39684, Sept. 9, 1982; CGD 95-028, 62 FR 51195, Sept. 30, 1997; 65 FR 58455, Sept. 29, 2000] Subpart 4.03–Definitions §4.03-1 Marine Casualty Or Accident. (a) The term marine casualty or accident shall mean any casualty or accident involving any vessel other than public vessels if such casualty or accident occurs upon the navigable waters of the United States, its territories or possessions or any casualty or accident wherever such casualty or accident may occur involving any United States' vessel which is not a public vessel. (See §4.03-40 for definition of Public Vessel.) (b) The term marine casualty or accident includes any accidental grounding, or any occurrence involving a vessel which results in damage by or to the vessel, its apparel, gear, or cargo, or injury or loss of life of any person; and includes among other things, collisions, strandings, groundings, founderings, heavy weather damage, fires, explosions, failure of gear and equipment and any other damage which might affect or impair the seaworthiness of the vessel. (c) The term marine casualty or accident also includes occurrences of loss of life or injury to any person while diving from a vessel and using underwater breathing apparatus. [CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by CGD 76-170, 45 FR 77441, Nov. 24, 1980] §4.03-2 Serious Marine Incident. The term serious marine incident includes the following events involving a vessel in commercial service: (a) Any marine casualty or accident as defined in §4.03-1 which is required by §4.05-1 to be reported to the Coast Guard and which results in any of the following: (1) One or more deaths; (2) An injury to a crewmember, passenger, or other person which requires professional medical treatment beyond first aid, and, in the case of a person employed on board a vessel in commercial service, which renders the individual unfit to perform routine vessel duties; (3) Damage to property, as defined in §4.05-1(a)(7) of this part, in excess of $100,000; (4) Actual or constructive total loss of any vessel subject to inspection under 46 U.S.C. 3301; or (5) Actual or constructive total loss of any self-propelled vessel, not subject to inspection under 46 U.S.C. 3301, of 100 gross tons or more. (b) A discharge of oil of 10,000 gallons or more into the navigable waters of the United States, as defined in 33 U.S.C. 1321, whether or not resulting from a marine casualty. (c) A discharge of a reportable quantity of a hazardous substance into the navigable waters of the United States, or a release of a reportable quantity of a hazardous substance into the environment of the United States, whether or not resulting from a marine casualty. [CGD 86-067, 53 FR 47077, Nov. 21, 1988, as amended by CGD 97-057, 62 FR 51041, Sept. 30, 1997] §4.03-4 Individual Directly Involved In A Serious Marine Incident. The term individual directly involved in a serious marine incident is an individual whose order, action or failure to act is determined to be, or cannot be ruled out as, a causative factor in the events leading to or causing a serious marine incident. [CGD 86-067, 53 FR 47077, Nov. 21, 1988] §4.03-5 Medical Facility. The term medical facility means an American hospital, clinic, physician's office, or laboratory, where blood and urine specimens can be collected according to recognized professional standards. [CGD 86-067, 53 FR 47077, Nov. 21, 1988] §4.03-6 Qualified Medical Personnel. The term qualified medical personnel means a physician, physician's assistant, nurse, emergency medical technician, or other person authorized under State or Federal law or regulation to collect blood and urine specimens. [CGD 86-067, 53 FR 47077, Nov. 21, 1988] §4.03-7 Chemical Test. The term chemical test means a scientifically recognized test which analyzes an individual's breath, blood, urine, saliva, bodily fluids, or tissues for evidence of dangerous drug or alcohol use. [CGD 86-067, 53 FR 47077, Nov. 21, 1988] §4.03-10 Party In Interest. The term party in interest shall mean any person whom the Marine Board of Investigation or the investigating officer shall find to have a direct interest in the investigation conducted by it and shall include an owner, a charterer, or the agent of such owner or charterer of the vessel or vessels involved in the marine casualty or accident, and all licensed or certificated personnel whose conduct, whether or not involved in a marine casualty or accident is under investigation by the Board or investigating officer. §4.03-15 Commandant. The Commandant, U.S. Coast Guard, is that officer who acts as chief of the Coast Guard and is charged with the administration of the Coast Guard. 14
§4.03-20 Coast Guard District. A Coast Guard district is one of the geographical areas whose boundaries are described in 33 CFR part 3. §4.03-25 District Commander. The District Commander is the chief of a Coast Guard district and is charged with the administration of all Coast Guard responsibilities and activities within his respective district, except those functions of administrative law judges under the Administrative Procedure Act (60 Stat. 237, 5 U.S.C. 1001 et seq.) and activities of independent units of the Coast Guard, such as the Coast Guard Yard and the Coast Guard Academy. §4.03-30 Investigating Officer. An investigating officer is an officer or employee of the Coast Guard designated by the Commandant, District Commander or the Officer in Charge, Marine Inspection, for the purpose of making investigations of marine casualties and accidents or other matters pertaining to the conduct of seamen. An Officer in Charge, Marine Inspection, is an investigating officer without further designation. §4.03-35 Nuclear Vessel. The term nuclear vessel means any vessel in which power for propulsion, or for any other purpose, is derived from nuclear energy; or any vessel handling or processing substantial amounts of radioactive material other than as cargo. [CGD 84-099, 52 FR 47534, Dec. 14, 1987] §4.03-40 Public Vessels. Public vessel means a vessel that– (a) Is owned, or demise chartered, and operated by the U.S. Government or a government of a foreign country, except a vessel owned or operated by the Department of Transportation or any corporation organized or controlled by the Department (except a vessel operated by the Coast Guard or Saint Lawrence Seaway Development Corporation); and (b) Is not engaged in commercial service. [CGD 95-028, 62 FR 51195, Sept. 30, 1997] §4.03-45 Marine Employer. Marine employer means the owner, managing operator, charterer, agent, master, or person in charge of a vessel other than a recreational vessel. [CGD 84-099, 52 FR 47534, Dec. 14, 1987] §4.03-50 Recreational Vessel. Recreational vessel means a vessel meeting the definition in 46 U.S.C. 2101(25) that is then being used only for pleasure. [CGD 84-099, 52 FR 47534, Dec. 14, 1987] §4.03-55 Law Enforcement Officer. Law enforcement officer means a Coast Guard commissioned, warrant or petty officer; or any other law enforcement officer authorized to obtain a chemical test under Federal, State, or local law. [CGD 84-099, 52 FR 47534, Dec. 14, 1987] Subpart 4.04–Notice Of Potential Vessel Casualty [SOURCE: CGD 85-015, 51 FR 19341, May 29, 1986, unless otherwise noted.] §4.04-1 Reports Of Potential Vessel Casualty. A vessel owner, charterer, managing operator or agent shall immediately notify either of the following Coast Guard officers if there is reason to believe a vessel is lost or imperiled. (a) The Coast Guard district rescue coordination center (RCC) cognizant over the area the vessel was last operating in; or (b) The Coast Guard search and rescue authority nearest to where the vessel was last operating. Reasons for belief that a vessel is in distress include, but are not limited to, lack of communication with or nonappearance of the vessel. §4.04-3 Reports Of Lack Of Vessel Communication. The owner, charterer, managing operator or agent of a vessel that is required to report to the United States flag Merchant Vessel Location Filing System under the authority of section 212(A) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1122a), shall immediately notify the Coast Guard if more than 48 hours have passed since receiving communication from the vessel. This notification shall be given to the Coast Guard district RCC cognizant over the area the vessel was last operating in. (Information collection requirements approved by the Office of Management and Budget under control number 1625-0048) §4.04-5 Substance Of Reports. The owner, charterer, managing operator or agent, notifying the Coast Guard under §4.04-1 or §4.04-3, shall: (a) Provided the name and identification number of the vessel, the names of the individuals on board, and other information that may be requested by the Coast Guard (when providing the names of the individuals on board for a passenger vessel, the list of passengers need only meet the requirements of 46 U.S.C. 3502); and (b) Submit written confirmation of that notice to the Coast Guard facility that the notice was given to within 24 hours. (Information collection requirements approved by the Office of Management and Budget under control number 1625-0048) Subpart 4.05–Notice Of Marine Casualty And Voyage Records §4.05-1 Notice Of Marine Casualty. (a) Immediately after the addressing of resultant safety concerns, the owner, agent, master, operator, or person in charge, shall notify the nearest Marine Safety Office, Marine Inspection Office or Coast Guard Group Office whenever a vessel is involved in a marine casualty consisting in– (1) An unintended grounding, or an unintended strike of (allison with) a bridge; (2) An intended grounding, or an intended strike of a bridge, that creates a hazard to navigation, the environment, or the safety of a vessel, or that meets any criterion of paragraphs (a)(3) through (7); (3) A loss of main propulsion, primary steering, or any associated component or control system that reduces the maneuverability of the vessel; (4) An occurrence materially and adversely affecting the vessel's seaworthiness or fitness for service or route, including but not limited to fire, flooding, or failure of or damage to fixed fire-
extinguishing systems, lifesaving equipment, auxiliary power-
generating equipment, or bilge-pumping systems; (5) A loss of life; 15
(6) An injury that requires professional medical treatment (treatment beyond first aid) and, if the person is engaged or employed on board a vessel in commercial service, that renders the individual unfit to perform his or her routine duties; or (7) An occurrence causing property-damage in excess of $25,000, this damage including the cost of labor and material to restore the property to its condition before the occurrence, but not including the cost of salvage, cleaning, gas-freeing, drydocking, or demurrage. (b) Notice given as required by 33 CFR 160.215 satisfies the requirement of this section if the marine casualty involves a hazardous condition as defined by 33 CFR 160.203. [CGD 94-030, 59 FR 39471, Aug. 3, 1994] §4.05-5 Substance Of Marine Casualty Notice. The notice required in §4.05-1 must include the name and official number of the vessel involved, the name of the vessel's owner or agent, the nature and circumstances of the casualty, the locality in which it occurred, the nature and extent of injury to persons, and the damage to property. [CGD 76-170, 45 FR 77441, Nov. 24, 1980] §4.05-10 Written Report Of Marine Casualty. (a) The owner, agent, master, operator, or person in charge shall, within five days, file a written report of any marine casualty required to be reported under §4.05-1. This written report is in addition to the immediate notice required by §4.05-1. This written report must be delivered to a Coast Guard Marine Safety Office or Marine Inspection Office. It must be provided on Form CG-2692 (Report of Marine Accident, Injury or Death), supplemented as necessary by appended Forms CG-2692A (Barge Addendum) and CG-2692B (Report of Required Chemical Drug and Alcohol Testing Following a Serious Marine Incident). (b) If filed without delay after the occurrence of the marine casualty, the report required by paragraph (a) of this section suffices as the notice required by §4.05-1(a). [CGD 94-030, 63 FR 19192, Apr. 17, 1998] §4.05-12 Alcohol Or Drug Use By Individuals Directly Involved In Casualties. (a) For each marine casualty required to be reported by §4.05-10, the marine employer shall determine whether there is any evidence of alcohol or drug use by individuals directly involved in the casualty. (b) The marine employer shall include in the written report, Form CG-2692, submitted for the casualty information which: (1) Identifies those individuals for whom evidence of drug or alcohol use, or evidence of intoxication, has been obtained; and, (2) Specifies the method used to obtain such evidence, such as personal observation of the individual, or by chemical testing of the individual. (c) An entry shall be made in the official log book, if carried, pertaining to those individuals for whom evidence of intoxication is obtained. The individual must be informed of this entry and the entry must be witnessed by a second person. (d) If an individual directly involved in a casualty refuses to submit to, or cooperate in, the administration of a timely chemical test, when directed by a law enforcement officer or by the marine employer, this fact shall be noted in the official log book, if carried, and in the written report (Form CG-2692), and shall be admissible as evidence in any administrative proceeding. [CGD 84-099, 52 FR 47534, Dec. 14, 1987] §4.05-15 Voyage Records, Retention Of. (a) The owner, agent, master, or person in charge of any vessel involved in a marine casualty shall retain such voyage records as are maintained by the vessel, such as both rough and smooth deck and engine room logs, bell books, navigation charts, navigation work books, compass deviation cards, gyro records, stowage plans, records of draft, aids to mariners, night order books, radiograms sent and received, radio logs, crew and passenger lists, articles of shipment, official logs and other material which might be of assistance in investigating and determining the cause of the casualty. The owner, agent, master, other officer or person responsible for the custody thereof, shall make these records available upon request, to a duly authorized investigating officer, administrative law judge, officer or employee of the Coast Guard. (b) The investigating officer may substitute photostatic copies of the voyage records referred to in paragraph (a) of this section when they have served their purpose and return the original records to the owner or owners thereof. §4.05-20 Report Of Accident To Aid To Navigation. Whenever a vessel collides with a buoy, or other aid to navigation under the jurisdiction of the Coast Guard, or is connected with any such collision, it shall be the duty of the person in charge of such vessel to report the accident to the nearest Officer in Charge, Marine Inspection. No report on Form CG-2692 is required unless one or more of the results listed in §4.05-1 occur. [CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by CGD 88-070, 53 FR 34533, Sept. 7, 1988] §4.05-25 Reports When State Of War Exists. During the period when a state of war exists between the United States and any foreign nation, communications in regard to casualties or accidents shall be handled with caution and the reports shall not be made by radio or by telegram. §4.05-30 Incidents Involving Hazardous Materials. When a casualty occurs involving hazardous materials, notification and a written report to the Department of Transportation may be required. See 49 CFR 171.15 and 171.16. [CGD 76-170, 45 FR 77441, Nov. 24, 1980] §4.05-35 Incidents Involving Nuclear Vessels. The master of any nuclear vessel shall immediately inform the Commandant in the event of any accident or casualty to the nuclear vessel which may lead to an environmental hazard. The master shall also immediately inform the competent governmental authority of the country in whose waters the vessel may be or whose waters the vessel approaches in a damaged condition. [CGD 84-099, 52 FR 47534, Dec. 14, 1987] §4.05-40 Alternate Electronic Means Of Reporting. The Commandant may approve alternate electronic means of submitting notices and reports required under this subpart. [USCG-1999-6216, 64 FR 53223, Oct. 1, 1999] Subpart 4.06–Mandatory Chemical Testing Following Serious Marine Incidents Involving Vessels In Commercial Service [SOURCE: CGD 86-067, 53 FR 47078, Nov. 21, 1988, unless otherwise noted.] §4.06-1 Responsibilities Of The Marine Employer. (a) At the time of occurrence of a marine casualty, a discharge of oil into the navigable waters of the United States, a discharge of a hazardous substance into the navigable waters of the United States, or a release of a hazardous substance into the 16
environment of the United States, the marine employer shall make a timely, good faith determination as to whether the occurrence currently is, or is likely to become, a serious marine incident. (b) When a marine employer determines that a casualty or incident is, or is likely to become, a serious marine incident, the marine employer shall take all practicable steps to have each individual engaged or employed on board the vessel who is directly involved in the incident chemically tested for evidence of drug and alcohol use. (c) The determination of which individuals are directly involved in a serious marine incident is to be made by the marine employer. A law enforcement officer may determine that additional individuals are directly involved in the serious marine incident. In such cases, the marine employer shall take all practicable steps to have these individuals tested in accordance with paragraph (b) of this section. (d) The requirements of this subpart shall not prevent vessel personnel who are required to be tested from performing duties in the aftermath of a serious marine incident when their performance is necessary for the preservation of life or property or the protection of the environment. (e) The marine employer shall ensure that all individuals engaged or employed on board a vessel are fully indoctrinated in the requirements of this subpart, and that appropriate vessel personnel are trained as necessary in the practical applications of these requirements. [66 FR 42964, August 16, 2001] §4.06-5 Responsibilities Of Individuals Directly Involved In Serious Marine Incidents. (a) Any individual engaged or employed on board a vessel who is determined to be directly involved in a serious marine incident shall provide blood, breath or urine specimens for chemical tests required by §4.06-10 when directed to do so by the marine employer or a law enforcement officer. (b) If the individual refuses to provide blood, breath or urine specimens, this refusal shall be noted on Form CG-2692B and in the vessel's official log book, if one is required. (c) No individual may be forcibly compelled to provide specimens for chemical tests required by this part; however, refusal is considered a violation of regulation and could subject the individual to suspension and revocation proceedings under part 5 of this chapter and removal from any duties which directly affect the safety of the vessel's navigation or operations. §4.06-10 Required Specimens. Each individual required to submit to chemical testing shall, as soon as practicable, provide the following specimens for chemical testing: (a) Urine specimens, collected in accordance with §4.06-20 and part 16 of this chapter. (b) Blood or breath specimens, or both, collected in accordance with §4.06-20. §4.06-20 Specimen Collection Requirements. (a) All inspected vessels certificated for unrestricted ocean routes, and all inspected vessels certificated for restricted overseas routes, are required to have on board at all times a breath testing device capable of determining the presence of alcohol in a person's system. The breath testing device shall be used in accordance with procedures specified by the manufacturer. (b) The marine employer shall ensure that urine specimen collection and shipping kits meeting the requirements of 49 CFR Part 40 are readily available for use following serious marine incidents. The specimen collection and shipping kits need not be maintained aboard each vessel if they can otherwise be readily obtained within 24 hours from the time of the occurrence of the serious marine incident. (c) The marine employer shall ensure that specimens required by §4.06-10 are collected as soon as practicable following the occurrence of a serious marine incident. (d) When obtaining blood, breath, and urine specimens, the marine employer shall ensure that the collection process is supervised by either qualified collection personnel, the marine employer, a law enforcement officer, or the marine employer's representative. (e) Chemical tests of an individual's breath for the presence of alcohol using a breath testing device may be conducted by any individual trained to conduct such tests. Blood specimens shall be taken only by qualified medical personnel. [66 FR 42964, August 16, 2001] §4.06-30 Specimen Collection In Incidents Involving Fatalities. (a) When an individual engaged or employed on board a vessel dies as a result of a serious marine incident, blood and urine specimens must be obtained from the remains of the individual for chemical testing, if practicable to do so. The marine employer shall notify the appropriate local authority, such as the coroner or medical examiner, as soon as possible, of the fatality and of the requirements of this subpart. The marine employer shall provide the specimen collection and shipping kit and request that the local authority assist in obtaining the necessary specimens. When the custodian of the remains is a person other than the local authority, the marine employer shall request the custodian to cooperate in obtaining the specimens required under this part. (b) If the local authority or custodian of the remains declines to cooperate in obtaining the necessary specimens, the marine employer shall provide an explanation of the circumstances on Form CG-2692B (Report of Required Chemical Drug and Alcohol Testing Following a Serious Marine Incident). §4.06-40 Specimen Handling And Shipping. (a) The marine employer shall ensure that blood specimens collected in accordance with §§4.06-20 and 4.06-30 are promptly shipped to a testing laboratory qualified to conduct tests on such specimens. A proper chain of custody must be maintained for each specimen from the time of collection through the authorized disposition of the specimen. Blood specimens must be shipped to the laboratory in a cooled condition by any means adequate to ensure delivery within twenty-four (24) hours of receipt by the carrier. (b) The marine employer shall ensure that the urine specimen collection procedures of §16.113 of this chapter and the chain of custody requirements of 49 CFR Part 40 are complied with. The marine employer shall ensure that urine specimens required by §§4.06-20 and 4.06-30 are promptly shipped to a laboratory complying with the requirements of 49 CFR part 40. Urine specimens must be shipped by an expeditious means, but need not be shipped in a cooled condition for overnight delivery. [66 FR 42964, August 16, 2001] §4.06-50 Specimen Analysis And Follow-Up Procedures. (a) Each laboratory will provide prompt analysis of specimens collected under this subpart, consistent with the need to develop all relevant information and to produce a complete analysis report. (b) Reports shall be sent to the Medical Review Officer meeting the requirements of 49 CFR 40.121, as designated by the marine 17
employer submitting the specimen for testing. Wherever a urinalysis report indicates the presence of a dangerous drug or drug metabolite, the Medical Review Officer shall review the report as required by 49 CFR Part 40, Subpart G and submit his or her findings to the marine employer. Blood test reports indicating the presence of alcohol shall be similarly reviewed to determine if there is a legitimate medical explanation. (c) Analysis results which indicate the presence of alcohol, dangerous drugs, or drug metabolites shall not be construed by themselves as constituting a finding that use of drugs or alcohol was the probable cause of a serious marine incident. [CGD 86-067, 53 FR 47078, Nov. 21, 1988, as amended by CGD 90-053, 58 FR 31107, May 28, 1993; 66 FR 42964, August 16, 2001] §4.06-60 Submission Of Reports And Test Results. (a) Whenever an individual engaged or employed on a vessel is identified as being directly involved in a serious marine incident, the marine employer shall complete Form CG-2692B (Report of Required Chemical Drug and Alcohol Testing Following a Serious Marine Incident). (b) When the serious marine incident requires the submission of Form CG-2692 (Report of Marine Casualty, Injury or Death) to the Coast Guard in accordance with §4.05-10, the report required by paragraph (a) of this section shall be appended to Form CG-2692. (c) In incidents involving discharges of oil or hazardous substances as described in §4.03-2(b) and (c) of this part, when Form CG-2692 is not required to be submitted, the report required by paragraph (a) of this section shall be submitted to the Coast Guard Officer in Charge, Marine Inspection, having jurisdiction over the location where the discharge occurred or nearest the port of first arrival following the discharge. (d) Upon receipt of the report of chemical test results, the marine employer shall submit a copy of the test results for each person listed on the CG-2692B to the Coast Guard Officer in Charge, Marine Inspection to whom the CG-2692B was submitted. (e) The Commandant may approve alternate electronic means of submitting reports and test results as required under paragraphs (a) through (d) of this section. [CGD 86-067, 53 FR 47078, Nov. 21, 1988, as amended by CGD 97-057, 62 FR 51041, Sept. 30, 1997; USCG-1999-6216, 64 FR 53223, Oct. 1, 1999] Subpart 4.07–Investigations §4.07-1 Commandant Or District Commander To Order Investigation. (a) The Commandant or District Commander upon receipt of information of a marine casualty or accident, will immediately cause such investigation as may be necessary in accordance with the regulations in this part. (b) The investigations of marine casualties and accidents and the determinations made are for the purpose of taking appropriate measures for promoting safety of life and property at sea, and are not intended to fix civil or criminal responsibility. (c) The investigation will determine as closely as possible: (1) The cause of the accident; (2) Whether there is evidence that any failure of material (either physical or design) was involved or contributed to the casualty, so that proper recommendations for the prevention of the recurrence of similar casualties may be made; (3) Whether there is evidence that any act of misconduct, inattention to duty, negligence or willful violation of the law on the part of any licensed or certificated person contributed to the casualty, so that appropriate proceedings against the license or certificate of such person may be recommended and taken under 46 U.S.C. 6301; (4) Whether there is evidence that any Coast Guard personnel or any representative or employee of any other government agency or any other person caused or contributed to the cause of the casualty; or, (5) Whether the accident shall be further investigated by a Marine Board of Investigation in accordance with regulations in subpart 4.09. [CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by CGD 97-057, 62 FR 51041, Sept. 30, 1997] §4.07-5 Investigating Officers, Powers Of. (a) An investigating officer investigates each marine casualty or accident reported under §§4.05-1 and 4.05-10. (b) Such investigating officer shall have the power to administer oaths, subpoena witnesses, require persons having knowledge of the subject matter of the investigation to answer questionnaires and require the production of relevant books, papers, documents and other records. (c) Attendance of witnesses or the production of books, papers, documents or any other evidence shall be compelled by a similar process as in the United States District Court. [CGFR 65-50, 30 FR 17099, Dec. 30, 1965, as amended by CGD-104R, 37 FR 14234, July 18, 1972]
§4.07-7 Opening Statement. The investigating officer or the Chairman of a Marine Board of Investigation shall open the investigation by announcing the statutory authority for the proceeding and he shall advise parties in interest concerning their rights to be represented by counsel, to examine and cross-examine witnesses, and to call witnesses in their own behalf. §4.07-10 Report Of Investigation. (a) At the conclusion of the investigation the investigating officer shall submit to the Commandant via the Officer in Charge, Marine Inspection, and the District Commander, a full and complete report of the facts as determined by his investigation, together with his opinions and recommendations in the premises. The Officer in Charge, Marine Inspection, and the District Commander shall forward the investigating officer's report to the Commandant with an endorsement stating: (1) Approval or otherwise of the findings of fact, conclusions and recommendations; (2) Any action taken with respect to the recommendations; (3) Whether or not any action has been or will be taken under part 5 of this subchapter to suspend or revoke licenses or certificates; and, (4) Whether or not violations of laws or regulations relating to vessels have been reported on Form CG-2636, report of violation of navigation laws. (b) At the conclusion of the investigation, the investigating officer shall submit the report described in paragraph (a) of this section, to the Commandant via the Merchant Marine Detail Officer or the Officer in Charge, Marine Inspection, and the Commander, Coast Guard MIO Europe for a European port or Commander, Fourteenth Coast Guard for an Asian or Pacific port. The Merchant Marine Detail Officer or the Officer in Charge, Marine Inspection, and Commander, Coast Guard MIO Europe or 18
Commander, Fourteenth Coast Guard District shall forward the investigating officer's report to the Commandant with the endorsement described in paragraphs (a)(1) through (4) of this section. [CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by CGD 75-196, 41 FR 18655, May 6, 1976; CGD 97-057, 62 FR 51042, Sept. 30, 1997] §4.07-15 Recommendations, Action On. Where the recommendations of an investigating officer are such that their accomplishment is within the authority of the District Commander or any of the personnel under his command, immediate steps shall be taken to put them into effect and his forwarding endorsement shall so indicate. §4.07-20 Transfer Of Jurisdiction. When it appears to the District Commander that it is more advantageous to conduct an investigation in a district other than in the district where the casualty was first reported, that officer shall transfer the case to the other district together with any information or material relative to the casualty he may have. §4.07-25 Testimony Of Witnesses In Other Districts, Depositions. When witnesses are available in a district other than the district in which the investigation is being made, testimony or statements shall be taken from witnesses in the other districts by an investigating officer and promptly transmitted to the investigating officer conducting the investigation. Depositions may be taken in the manner prescribed by regulations in subpart 4.12. §4.07-30 Testimony Of Witnesses Under Oath. (a) Witnesses to marine casualties or accidents appearing before an investigating officer may be placed under oath and their testimony may be reduced to writing. (b) Written statements and reports submitted as evidence by witnesses shall be sworn to before an officer authorized to administer oaths and such statements and/or reports shall be signed. §4.07-35 Counsel For Witnesses And Parties In Interest. (a) All parties in interest shall be allowed to be represented by counsel, to examine and cross-examine witnesses and to call witnesses in their own behalf. (b) Witnesses who are not parties in interest may be assisted by counsel for the purpose of advising such witnesses concerning their rights; however, such counsel will not be permitted to examine or cross-examine other witnesses or otherwise participate in the investigation. §4.07-45 Foreign Units Of Coast Guard, Investigation By. Investigations of marine casualties conducted by foreign units of the Coast Guard shall be in accordance with the regulations in this part and all actions taken in connection with the investigations of such marine casualties entered in the official log(s) of the vessel(s) concerned. §4.07-55 Information To Be Furnished Marine Board Of Investigation. When a Marine Board of Investigation is convened in accordance with §4.09-1, the investigating officer shall immediately furnish the board with all testimony, statements, reports, documents, papers, a list of witnesses including those whom he has examined, other material which he may have gathered, and a statement of any findings of fact which he may have determined. The preliminary investigation shall cease forthwith and the aforementioned material shall become a part of the Marine Board of Investigation's record. Subpart 4.09–Marine Board Of Investigation §4.09-1 Commandant To Designate. If it appears that it would tend to promote safety of life and property at sea or would be in the public interest, the Commandant may designate a Marine Board of Investigation to conduct an investigation. [CGD 76-170, 45 FR 77441, Nov. 24, 1980] §4.09-5 Powers Of Marine Board Of Investigation. Any Marine Board of Investigation so designated shall have the power to administer oaths, summon witnesses, require persons having knowledge of the subject matter of the investigation to answer questionnaires, and to require the production of relevant books, papers, documents or any other evidence. Attendance of witnesses or the production of books, papers, documents or any other evidence shall be compelled by a similar process as in the United States District Court. The chairman shall administer all necessary oaths to any witnesses summoned before said Board. §4.09-10 Witnesses, Payment Of. Any witness subpoenaed under §4.09-5 shall be paid such fees for his travel and attendance as shall be certified by the chairman of a Marine Board of Investigation or an investigating officer, in accordance with §4.11-10. §4.09-15 Time And Place Of Investigation, Notice Of; Rights Of Witnesses, Etc. Reasonable notice of the time and place of the investigation shall be given to any person whose conduct is or may be under investigation and to any other party in interest. All parties in interest shall be allowed to be represented by counsel, to cross-
examine witnesses, and to call witnesses in their own behalf. §4.09-17 Sessions To Be Public. (a) All sessions of a Marine Board of Investigation for the purpose of obtaining evidence shall normally be open to the public, subject to the provision that the conduct of any person present shall not be allowed to interfere with the proper and orderly functioning of the Board. Sessions will not be open to the public when evidence of a classified nature or affecting national security is to be received. §4.09-20 Record Of Proceedings. The testimony of witnesses shall be transcribed and a complete record of the proceedings of a Marine Board of Investigation shall be kept. At the conclusion of the investigation a written report shall be made containing findings of fact, opinions, and recommendations to the Commandant for his consideration. §4.09-25 U.S. Attorney To Be Notified. The recorder of a Marine Board of Investigation shall notify the United States Attorney for the District in which the Marine Board of Investigation is being conducted of the nature of the casualty under investigation and time and place the investigation will be made. §4.09-30 Action On Report. Upon approval of the report of a Marine Board of Investigation the Commandant will require to be placed into effect such recommendations as he may deem necessary for the better improvement and safety of life and property at sea. §4.09-35 Preferment Of Charges. (a) If in the course of an investigation by a Marine Board there appears probable cause for the preferment of charges against any licensed or certificated personnel, the Marine Board shall, either during or immediately following the investigation and before the witnesses have dispersed, apprise the District Commander of such evidence for possible action in accordance with part 5 of this subchapter, without waiting for the approval of the report by the Commandant. Such action or proceedings shall be independent and apart from any other action which may be later ordered by the Commandant or taken by other authorities. 19
Subpart 4.11–Witnesses And Witness Fees §4.11-1 Employees Of Vessels Controlled By Army Or Navy As Witnesses. No officer, seaman, or other employee of any public vessel controlled by the Army or Navy (not including the Coast Guard) of the United States, shall be summoned or otherwise required to appear as a witness in connection with any investigation or other proceeding without the consent of the Government agency concerned. §4.11-5 Coercion Of Witnesses. Any attempt to coerce any witness or to induce him to testify falsely in connection with a shipping casualty, or to induce any witness to leave the jurisdiction of the United States, is punishable by a fine of $5,000.00 or imprisonment for one year, or both such fine and imprisonment. §4.11-10 Witness Fees And Allowances. Witness fees and allowances are paid in accordance with 46 CFR 5.401. [CGD 79-080, 45 FR 2046, Jan. 10, 1980, as amended by CGD 96-041, 61 FR 50726, Sept. 27, 1996] Subpart 4.12–Testimony By Interrogatories And Depositions §4.12-1 Application, Procedure, And Admissibility. (a) Witnesses shall be examined orally, except that for good cause shown, testimony may be taken by deposition upon application of any party in interest or upon the initiative of the investigating officer or Marine Board of Investigation. (b) Applications to take depositions shall be in writing setting forth the reasons why such deposition should be taken, the name and address of the witness, the matters concerning which it is expected the witness will testify, and the time and place proposed for the taking of the deposition. Such application shall be made to an investigating officer or the Marine Board of Investigation prior to or during the course of the proceedings. (c) The investigating officer or Marine Board of Investigation, shall, upon receipt of the application, if good cause is shown, make and serve upon the parties an order which will specify the name of the witness whose deposition is to be taken, the name and place of the taking of such deposition and shall contain a designation of the officer before whom the witness is to testify. Such deposition may be taken before any officer authorized to administer oaths by the laws of the United States. (d) The party desiring the deposition may submit a list of interrogatories to be propounded to the absent witness; then the opposite party after he has been allowed a reasonable time for this purpose, may submit a list of cross-interrogatories. If either party objects to any question of the adversary party, the matter shall be presented to the investigating officer or Marine Board of Investigation for a ruling. Upon agreement of the parties on a list of interrogatories and cross-interrogatories (if any) the investigating officer or Marine Board of Investigation may propound such additional questions as may be necessary to clarify the testimony given by the witness. (e) The subpoena referred to in subpart F of this subchapter together with the list of interrogatories and cross-interrogatories (if any) shall be forwarded to the officer designated to take such deposition. This officer will cause the subpoena to be served personally on the witness. After service the subpoena shall be endorsed and returned to the investigating officer or Marine Board of Investigation. (f) When the deposition has been duly executed it shall be returned to the investigating officer or Marine Board of Investigation. As soon as practicable after the receipt of the deposition the investigating officer or Marine Board of Investigation shall present it to the parties for their examination. The investigating officer or Marine Board of Investigation shall rule on the admissibility of the deposition or any part thereof and of any objection offered by either party thereto. [CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by CGD 96-041, 61 FR 50726, Sept. 27, 1996] Subpart 4.13–Availability Of Records §4.13-1 Public Availability Of Records. Coast Guard records are made available to the public in accordance with 49 CFR part 7. [CGD 73-43R, 40 FR 13501, Mar. 27, 1975] Subpart 4.19–Construction Of Regulations And Rules Of Evidence §4.19-1 Construction Of Regulations. The regulations in this part shall be liberally construed to insure just, speedy, and inexpensive determination of the issues presented. §4.19-5 Adherence To Rules Of Evidence. As hearings under this part are administrative in character, strict adherence to the formal rules of evidence is not imperative. However, in the interest of orderly presentation of the facts of a case, the rules of evidence should be observed as closely as possible. Subpart 4.21–Computation Of Time §4.21-1 Computation Of Time. The time, within which any act, provided by the regulation in this subchapter, or an order of the Marine Board of Investigation is to be done, shall be computed by excluding the first day and including the last unless the last day is Sunday or a legal holiday, in which case the time shall extend to and include the next succeeding day that is not a Sunday or legal holiday: Provided, however, That where the time fixed by the regulations in this subchapter or an order of the Board is five days or less all intervening Sundays or legal holidays, other than Saturdays, shall be excluded. Subpart 4.23–Evidence Of Criminal Liability §4.23-1 Evidence Of Criminal Liability. If, as a result of any investigation or other proceeding conducted hereunder, evidence of criminal liability on the part of any licensed officer or certificated person or any other person is found, such evidence shall be referred to the U.S. Attorney General. Subpart 4.40–Coast Guard–National Transportation Safety Board Marine Casualty Investigations [SOURCE: CGD 76-149, 42 FR 61200, Dec. 1, 1977, unless otherwise noted.] §4.40-1 Purpose. This subpart prescribes the joint regulations of the National Transportation Safety Board and the Coast Guard for the investigation of marine casualties. [CGD 82-034, 47 FR 45882, Oct. 14, 1982] §4.40-3 Relationship To Coast Guard Marine Investigation Regulations And Procedures. (a) The Coast Guard's responsibility to investigate marine 20
casualties is not eliminated nor diminished by the regulations in this subpart. (b) In those instances where the National Transportation Safety Board conducts an investigation in which the Coast Guard also has responsibility under 46 U.S.C. Chapter 63, the proceedings are conducted independently but so as to avoid duplication as much as possible. [CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997] §4.40-5 Definitions. As used in this subpart: (a) Act means title III of Public Law 93-633, the Independent Safety Board Act of 1974, (49 U.S.C. 1131). (b) Board means the National Transportation Safety Board. (c) Chairman means the Chairman of the National Transportation Safety Board. (d) Major marine casualty means a casualty involving a vessel, other than a public vessel, that results in: (1) The loss of six or more lives: (2) The loss of a mechanically propelled vessel of 100 or more gross tons; (3) Property damage initially estimated at $500,000 or more; or (4) Serious threat, as determined by the Commandant and concurred in by the Chairman, to life, property, or the environment by hazardous materials. (e) Public vessel means a vessel owned by the United States, except a vessel to which the Act of October 25, 1919, c.82, (41 Stat. 305, 46 U.S.C. 363) applies. (f) Vessel of the United States means a vessel: (1) Documented or required to be documented under the laws of the United States; (2) Owned in the United States; or (3) Owned by a citizen or resident of the United States and not registered under a foreign flag. [CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997] §4.40-10 Preliminary Investigation By The Coast Guard. (a) The Coast Guard conducts the preliminary investigation of marine casualties. (b) The Commandant determines from the preliminary investigation whether: (1) The casualty is a major marine casualty; or (2) The casualty involves a public and a non-public vessel and at least one fatality or $75,000 in property damage; or (3) The casualty involves a Coast Guard and a non-public vessel and at least one fatality or $75,000 in property damage; or (4) The casualty is a major marine casualty which involves significant safety issues relating to Coast Guard safety functions, e.g., search and rescue, aids to navigation, vessel traffic systems, commercial vessel safety, etc. (c) The Commandant notifies the Board of a casualty described in paragraph (b) of this section. [CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 82-034, 47 FR 45882, Oct. 14, 1982] §4.40-15 Marine Casualty Investigation By The Board. (a) The Board may conduct an investigation under the Act of any major marine casualty or any casualty involving public and non-
public vessels. Where the Board determines it will convene a hearing in connection with such an investigation, the Board's rules of practice for transportation accident hearings in 49 CFR part 845 shall apply. (b) The Board shall conduct an investigation under the Act when: (1) The casualty involves a Coast Guard and a non-public vessel and at least one fatality or $75,000 in property damage; or (2) The Commandant and the Board agree that the Board shall conduct the investigation, and the casualty involves a public and a non-public vessel and at least one fatality or $75,000 in property damage; or (3) The Commandant and the Board agree that the Board shall conduct the investigation, and the casualty is a major marine casualty which involves significant safety issues relating to Coast Guard safety functions. [CGD 82-034, 47 FR 45882, Oct. 14, 1982] §4.40-20 Cause Or Probable Cause Determinations From Board Investigation. After an investigation conducted by the Board under §4.40-15, the Board determines cause or probable cause and issues a report of that determination. §4.40-25 Coast Guard Marine Casualty Investigation For The Board. (a) If the Board does not conduct an investigation under §4.40-
15(a), (b)(2) or (3), the Coast Guard, at the request of the Board, may conduct an investigation under the Act unless there is an allegation of Federal Government misfeasance or nonfeasance. (b) The Board will request the Coast Guard to conduct an investigation under paragraph (a) of this section within 48 hours of receiving notice under §4.40-10(c). (c) The Coast Guard will advise the Board within 24 hours of receipt of a request under paragraph (b) of this section whether the Coast Guard will conduct an investigation under the Act. [CGD 82-034, 47 FR 45882, Oct. 14, 1982] §4.40-30 Procedures For Coast Guard Investigation. (a) The Coast Guard conducts an investigation under §4.40-25 using the procedures in 46 CFR 4.01-1 through 4.23-1. (b) The Board may designate a person or persons to participate in every phase of an investigation, including an on scene investigation, that is conducted under the provisions of subpart 4.40-25 of this part. (c) Consistent with Coast Guard responsibility to direct the course of the investigation, the person or persons designated by the Board under paragraph (b) of this section may: (1) Make recommendations about the scope of the investigations. (2) Call and examine witnesses. (3) Submit or request additional evidence. 21
(d) The Commandant provides a record of the proceedings to the Board of an investigation of a major marine casualty under paragraph (a) of this section. (e) The Board, under the Act, makes its determination of the facts, conditions, circumstances, and the cause or probable cause of a major marine casualty using the record of the proceedings provided by the Commandant under paragraph (d) of this section, and any additional evidence the Board may acquire under its own authority. (f) An investigation by the Coast Guard under this section is both an investigation under the Act and under 46 U.S.C. Chapter 63. [CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997] §4.40-35 Records Of The Coast Guard And The Board. (a) Records of the Coast Guard made under §4.40-30 are available to the public under 49 CFR part 7. (b) Records of the Board made under §§4.40-20 and 4.40-30 are available to the public under 49 CFR part 801. 22
Part 7 – Boundary Lines Table Of Contents GENERAL Sec. 7.1 General Purpose Of Boundary Lines. 7.5 Rules For Establishing Boundary Lines. ATLANTIC COAST 7.10 Eastport, ME To Cape Ann, MA. 7.15 Massachusetts Bay, MA. 7.20 Nantucket Sound, Vineyard Sound, Buzzards Bay, Narragansett Bay, MA, Block Island Sound And Easterly Entrance To Long Island Sound, NY. 7.25 Montauk Point, NY To Atlantic Beach, NY. 7.30 New York Harbor, NY. 7.35 Sandy Hook, NJ To Cape May, NJ. 7.40 Delaware Bay And Tributaries. 7.45 Cape Henlopen, DE To Cape Charles, VA. 7.50 Chesapeake Bay And Tributaries. 7.55 Cape Henry, VA To Cape Fear, NC. 7.60 Cape Fear, NC To Sullivans Island, SC. 7.65 Charleston Harbor, SC. 7.70 Folly Island, SC To Hilton Head Island, SC. 7.75 Savannah River/Tybee Roads. 7.80 Tybee Island, GA To St. Simons Island, GA. 7.85 St. Simons Island, GA To Little Talbot Island, FL. 7.90 St. Johns River, FL. 7.95 St. Johns Point, FL To Miami Beach, FL. 7.10 Florida Reefs And Keys from Miami, FL To Marquesas Keys, FL. GULF COAST 7.105 Marquesas Keys, FL To Rio Grande, TX. HAWAII 7.110 Mamala Bay, HI. PACIFIC COAST 7.115 Santa Catalina Island, CA. 7.120 Mexican/United States Border To Point Fermin, CA. 7.125 Point Vincente, CA To Point Conception, CA. 7.130 Point Conception, CA To Point Sur, CA. 7.135 Point Sur, CA To Cape Blanco, OR. 7.140 Cape Blanco, OR To Cape Flattery, WA. 7.145 Strait Of Juan De Fuca, Haro Strait And Strait Of Georgia, WA. ALASKA 7.150 Canadian (BC) And United States (AK) Borders To Cape Spencer, AK. 7.155 Cape Spencer, AK To Cape St. Elias, AK. 7.160 Point Whitshed, AK To Aialik Cape, AK. 7.165 Kenai Peninsula, AK To Kodiak Island, AK. 7.170 Alaska Peninsula, AK To Aleutian Islands, AK. 7.175 Alaska Peninsula, AK To Nunivak, AK. 7.180 Kotzebue Sound, AK. Authority: 14 U.S.C. 633; 33 U.S.C. 151, 1222; Department of Homeland Security Delegation No. 0170.1.SOURCE: CGD 81-
058, 50 FR 25230, June 18, 1985, unless otherwise noted. GENERAL §7.1 General Purpose Of Boundary Lines. The lines in this part delineate the application of the following U.S. statutes: 33 U.S.C. 152 relating to the length of towing hawsers; 33 U.S.C. 1201 et seq., the Vessel Bridge-to-Bridge Radiotelephone Act; 46 U.S.C. 5102(b)(6), which exempt from load line requirements certain vessels on domestic voyages; 46 U.S.C. 3301(6) requiring the inspection of seagoing barges which are defined in 46 U.S.C. 2101(32); 46 U.S.C. 3301(7) requiring the inspection of seagoing motor vessels which are defined in 46 U.S.C. 2101(33); 46 U.S.C. 3302(d) which exempts from inspection requirements certain vessels under 150 gross tons that operate within the waters of southeastern Alaska and the State of Washington; and 46 U.S.C. 8304, "Implementing the Officers' Competency Certificates Convention, 1936." [CGD 81-058, 50 FR 25230, June 18, 1985, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997; USCG-1998-4442, 63 FR 52188, Sept. 30, 1998] §7.5 Rules For Establishing Boundary Lines. (a) For application of the Vessel Bridge-to-Bridge Radiotelephone Act, 33 U.S.C. 1201 et seq., the line is 12 nautical miles seaward of the baseline from which the territorial sea is measured. (b) Barges of 100 gross tons and over operating on the sheltered waters of British Columbia as defined in the United States-
Canada treaty of 1933 (49 Stat. 2685, TS 869) are not required to be inspected as seagoing barges under 46 U.S.C. 3301. (c) Except as otherwise described in this part, Boundary Lines are lines drawn following the general trend of the seaward, highwater shorelines and lines continuing the general trend of the seaward, highwater shorelines across entrances to small bays, inlets and rivers. ATLANTIC COAST §7.10 Eastport, ME To Cape Ann, MA. (a) A line drawn from the easternmost extremity of Kendall Head to latitude 44°54'45" N. longitude 66°58'30" W.; thence to the range marker located in approximate position latitude 44°51'45" N. longitude 66°59" W. (b) A line drawn from West Quoddy Head Light to latitude 44°48.5' N. longitude 66°56.4' W. (Sail Rock Lighted Whistle Buoy "1"); thence to latitude 44°37.5' N. longitude 67°09.8' W. (Little River Lighted Whistle Buoy "2LR"); thence to latitude 44°14.5' N. longitude 67°57.2' W. (Frenchman Bay Approach Lighted Whistle Buoy "FB"); thence to Mount Desert Light; thence to Matinicus Rock Light; thence to Monhegan Island Light; thence to latitude 43°31.6' N. longitude 70°05.5' W. (Portland Lighted Horn Buoy "P"); thence to Boon Island Light; thence to latitude 42°37.9' N. longitude 70°31.2' W. (Cape Ann Lighted Whistle Buoy "2"). §7.15 Massachusetts Bay, MA. A line drawn from latitude 42°37.9' N. longitude 70°31.2' W. (Cape Ann Lighted Whistle Buoy "2") to latitude 42°22.7' N. longitude 70°47.0' W. (Boston Lighted Horn Buoy "B"); thence to Race Point Light. §7.20 Nantucket Sound, Vineyard Sound, Buzzards Bay, Narragansett Bay, MA, Block Island Sound And Easterly Entrance To Long Island Sound, NY. (a) A line drawn from Chatham Light to latitude 41°36.1' N. longitude 69°51.1' W. (Pollack Rip Entrance Lighted Horn Buoy "PR"); thence to latitude 41°26.0' N. longitude 69°46.2' W. (Great Round Shoal Channel Lighted Buoy "2"); thence to Sankaty Head Light. 23
(b) A line drawn from the westernmost extremity of Nantucket Island to the southwesternmost extremity of Wasque Point, Chappaquiddick Island. (c) A line drawn from Gay Head Light to Block Island Southeast Light; thence to Montauk Point Light on the easterly end of Long Island. §7.25 Montauk Point, NY To Atlantic Beach, NY. (a) A line drawn from Shinnecock East Breakwater Light to Shinnecock West Breakwater Light. (b) A line drawn from Moriches Inlet East Breakwater Light to Moriches Inlet West Breakwater Light. (c) A line drawn from Fire Island Inlet Breakwater Light 348° true to the southernmost extremity of the spit of land at the western end of Oak Beach. (d) A line drawn from Jones Inlet Light 322° true across the southwest tangent of the island on the north side of Jones Inlet to the shoreline. §7.30 New York Harbor, NY. A line drawn from East Rockaway Inlet Breakwater Light to Ambrose Light; thence to Highlands Light (north tower). §7.35 Sandy Hook, NJ To Cape May, NJ. (a) A line drawn from Shark River Inlet North Breakwater Light "2" to Shark River Inlet South Breakwater Light "1". (b) A line drawn from Manasquan Inlet North Breakwater Light to Manasquan Inlet South Breakwater Light. (c) A line drawn along the submerged Barnegat Inlet North Breakwater to Barnegat Inlet North Breakwater Light "2"; thence to Barnegat Inlet Light "5"; thence along the submerged Barnegat Inlet South Breakwater to shore. (d) A line drawn from the seaward tangent of Long Beach Island to the seaward tangent of Pullen Island across Beach Haven and Little Egg Inlets. (e) A line drawn from the seaward tangent of Pullen Island to the seaward tangent of Brigantine Island across Brigantine Inlet. (f) A line drawn from the seaward extremity of Absecon Inlet North Jetty to Atlantic City Light. (g) A line drawn from the southernmost point of Longport at latitude 39°18.2' N. longitude 74°32.2' W. to the northeasternmost point of Ocean City at latitude 39°17.6' N. longitude 74°33.1' W. across Great Egg Harbor Inlet. (h) A line drawn parallel with the general trend of the seaward, highwater shoreline across Corson Inlet. (i) A line formed by the centerline of the Townsend Inlet Highway Bridge. (j) A line formed by the shoreline of Seven Mile Beach and Hereford Inlet Light. §7.40 Delaware Bay And Tributaries. A line drawn from Cape May Inlet East Jetty Light to latitude 38°55.8' N. longitude 74°51.4' W. (Cape May Harbor Inlet Lighted Bell Buoy "2CM"); thence to latitude 38°48.9' N. longitude 75°02.3' W. (Delaware Bay Entrance Channel Lighted Buoy "8"); thence to the northernmost extremity of Cape Henlopen. §7.45 Cape Henlopen, DE To Cape Charles, VA. (a) A line drawn from the easternmost extremity of Indian River Inlet North Jetty to latitude 38°36.5' N. longitude 75°02.8' W. Indian River Inlet Lighted Gong Buoy "1"); thence to Indian River Inlet South Jetty Light. (b) A line drawn from Ocean City Inlet Light "6" to latitude 38°19.4' N. longitude 75°05.0' W. (Ocean City Inlet Entrance Lighted Buoy "4"); thence to latitude 38°19.3' N. longitude 75°05.1' W. (Ocean City Inlet Entrance Lighted Buoy "5"); thence to the easternmost extremity of the south breakwater. (c) A line drawn from Assateague Beach Tower Light to latitude 37°50.2' N. longitude 75°24.9' W. (Chincoteague Inlet Lighted Bell Buoy "CI"); thence to the tower charted at latitude 37°52.6' N. longitude 75°26.7' W. (d) A line drawn from the southernmost extremity of Cedar Island to latitude 37°34.7' N. longitude 75°36.0' W. (Wachapreague Inlet Entrance Lighted Buoy "1"); thence due south to shore at Parramore Beach. (e) A line drawn from the seaward tangent of Parramore Beach to the lookout tower on the northern end of Hog Island chartered in approximate position latitude 37°27.2' N. longitude 75°40.5' W. §7.50 Chesapeake Bay And Tributaries. A line drawn from Cape Charles Light to latitude 36°56.8' N. longitude 75°55.1' W. (North Chesapeake Entrance Lighted Gong Buoy "NCD"); thence to latitude 36°54.8' N. longitude 75°55.6' W. (Chesapeake Bay Entrance Lighted Bell Buoy "CBC"); thence to latitude 36°55.0' N. longitude 75°58.0' W. (Cape Henry Buoy "1"); thence to Cape Henry Light. §7.55 Cape Henry, VA To Cape Fear, NC. (a) A line drawn from Rudee Inlet Jetty Light "2" to latitude 36°50' N. longitude 75°56.7' W.; thence to Rudee Inlet Jetty Light "1". (b) A line drawn from Bodie Island Light to latitude 35°49.3' N. longitude 75°31.9' W. (Oregon Inlet Approach Lighted Whistle Buoy "OI"); thence to Oregon Inlet Radiobeacon. (c) A line drawn from Hatteras Inlet Light 255° true to the eastern end of Ocracoke Island. (d) A line drawn from the westernmost extremity of Ocracoke Island at latitude 35°04' N. longitude 76°00.8' W. to the northeasternmost extremity of Portsmouth Island at latitude 35°03.7' N. longitude 76°02.3' W. (e) A line drawn across Drum Inlet parallel with the general trend of the seaward, highwater shoreline. (f) A line drawn from the southernmost extremity of Cape Lookout to latitude 34°38.4' N. longitude 76°40.6' W. (Beaufort Inlet Lighted Bell Buoy "2BI"); thence to the seaward extremity of the Beaufort Inlet west jetty. (g) A line drawn from the seaward extremity of Masonboro Inlet north jetty to latitude 34°10.3' N. longitude 77°48.0' W. (Masonboro Inlet Lighted Whistle Buoy "A"); thence to the beach in approximate position latitude 34°10' N. longitude 77°49.4' W. §7.60 Cape Fear, NC To Sullivans Island, SC. (a) A line drawn from the southernmost extremity to Cape Fear to latitude 33°49.5' N. longitude 78°03.7' W. (Cape Fear River Entrance Lighted Bell Buoy "2CF"); thence to Oak Island Light. (b) A line drawn from the southernmost extremity of Bird Island at approximate position latitude 33°51.2' N. longitude 78°32.6' W. to latitude 33°50.3' N. longitude 78°32.5' W. (Little River Inlet Entrance Lighted Whistle Buoy "2LR"); thence to the northeasternmost extremity of Waties Island at approximate position latitude 33°51.2' N. longitude 78°33.6' W. (c) A line drawn from the seaward extremity of Murrells Inlet north jetty to latitude 33°31.5' N. longitude 79°01.6' W. (Murrells Inlet Lighted Bell Buoy "MI"); thence to Murrells Inlet South Jetty Light. 24
(d) A line drawn from Georgetown Light to latitude 33°11.6' N. longitude 79°05.4' W. (Winyah Bay Lighted Bell Buoy "2WB"); thence to the southernmost extremity of Sand Island. §7.65 Charleston Harbor, SC. A line drawn from Charleston Light on Sullivans Island to latitude 32°40.7' N. longitude 79°42.9' W. (Charleston Lighted Whistle Buoy "2C"); thence to Folly Island Loran Tower (latitude 32°41.0' N. longitude 79°53.2' W.). §7.70 Folly Island, SC To Hilton Head Island, SC. (a) A line drawn from the southernmost extremity of Folly Island to latitude 32°35' N. longitude 79°58.2' W. (Stono Inlet Lighted Whistle Buoy "1S"); thence to Kiawah Island bearing approximately 307° true. (b) A line drawn from the southernmost extremity of Kiawah Island to latitude 32°31' N. longitude 80°07.8' W. (North Edisto River Entrance Lighted Whistle Buoy "2NE"); thence to Botany Bay Island in approximate position latitude 32°33.1' N. longitude 80°12.7' W. (c) A line drawn from the microwave antenna tower on Edisto Beach charted in approximate position latitude 32°29.3' N. longitude 80°19.2' W. across St. Helena Sound to the abandoned lighthouse tower on Hunting Island charted in approximate position latitude 32°22.5' N. longitude 80°26.5' W. (d) A line drawn from the abandoned lighthouse on Hunting Island in approximate position latitude 32°22.5' N. longitude 80°26.2' W. to latitude 32°18' N. longitude 80°25' W.; thence to the standpipe on Fripp Island in approximate position latitude 32°19' N. longitude 80°28.7' W. (e) A line drawn from the westernmost extremity of Bull Point on Capers Island to latitude 32°04.8' N. longitude 80°34.9' W. (Port Royal Sound Lighted Whistle Buoy "2PR"); thence to the easternmost extremity of Hilton Head at latitude 32°13.2' N. longitude 80°40.1' W. §7.75 Savannah River/Tybee Roads. A line drawn from the southwesternmost extremity of Braddock Point to latitude 31°58.3' N. longitude 80°44.1' W. (Tybee Lighted Whistle Buoy "T"); thence to the southeasternmost extremity of Little Tybee Island bearing approximately 269° true. §7.80 Tybee Island, GA To St. Simons Island, GA. (a) A line drawn from the southernmost extremity of Savannah Beach on Tybee Island 255° true across Tybee Inlet to the shore of Little Tybee Island south of the entrance to Buck Hammock Creek. (b) A line drawn from the southernmost extremity of Little Tybee Island at Beach Hammock to the easternmost extremity of Wassaw Island. (c) A line drawn from Wassaw Island in approximate position latitude 31°52.5' N. longitude 80°58.5' W. to latitude 31°48.3' N. longitude 80°56.8' W. (Ossabaw Sound North Channel Buoy "OS"); thence to latitude 31°39.3' N. longitude 81°02.3' W. (St. Catherines Sound Buoy "St. C."); thence to latitude 31°31.2' N. longitude 81°03.8' W. (Sapelo Sound Buoy "S"); thence to the easternmost extremity of Blackbeard Island at Northeast Point. (d) A line drawn from the southernmost extremity of Blackbeard Island to latitude 31°19.4' N. longitude 81°11.5' W. (Doboy Sound Lighted Buoy "D"); thence to latitude 31°04.1' N. longitude 81°16.7' W. (St. Simons Lighted Whistle Buoy "ST S"). §7.85 St. Simons Island, GA To Little Talbot Island, FL. (a) A line drawn from latitude 31°04.1' N. longitude 81°16.7' W. (St. Simons Lighted Whistle Buoy "ST S") to latitude 30°42.7' N. longitude 81°19.0' W. (St. Mary's Entrance Lighted Whistle Buoy "1"); thence to Amelia Island Light. (b) A line drawn from the southernmost extremity of Amelia Island to latitude 30°29.4' N. longitude 81°22.9' W. (Nassau Sound Approach Buoy "6A"); thence to the northeasternmost extremity of Little Talbot Island. §7.90 St. Johns River, FL. A line drawn from the southeasternmost extremity of Little Talbot (Spike) Island to latitude 30°23.8' N. longitude 81°20.3' W. (St. Johns Lighted Whistle Buoy "2 STJ"); thence to St. Johns Light. §7.95 St. Johns Point, FL To Miami Beach, FL. (a) A line drawn from the seaward extremity of St. Augustine Inlet north jetty to latitude 29°55' N. longitude 81°15.3' W. (St. Augustine Lighted Whistle Buoy "ST. A."); thence to the seaward extremity of St. Augustine Inlet south jetty. (b) A line formed by the centerline of the highway bridge over Matanzas Inlet. (c) A line drawn from the seaward extremity of Ponce de Leon Inlet north jetty to latitude 29°04.7' N. longitude 80°54' W. (Ponce de Leon Inlet Lighted Bell Buoy "2"); thence to Ponce de Leon Inlet Approach Light. (d) A line drawn from Canaveral Harbor Approach Channel Range Front Light to latitude 28°23.7' N. longitude 80°32.2' W. (Canaveral Bight Wreck Lighted Buoy "WR6"); thence to the radio tower on Canaveral Peninsula in approximate position latitude 28°22.9' N. longitude 80°36.6' W. (e) A line drawn across the seaward extremity of the Sebastian Inlet Jetties. (f) A line drawn from the seaward extremity of the Fort Pierce Inlet North Jetty to latitude 27°28.5' N. longitude 80°16.2' W. (Fort Pierce Inlet Lighted Whistle Buoy "2"); thence to the tank located in approximate position latitude 27°27.2' N. longitude 80°17.2' W. (g) A line drawn from the seaward extremity of St. Lucie Inlet north jetty to latitude 27°10' N. longitude 80°08.4' W. (St. Lucie Inlet Entrance Lighted Whistle Buoy "2"); thence to Jupiter Island bearing approximately 180° true. (h) A line drawn from the seaward extremity of Jupiter Inlet North Jetty to the northeast extremity of the concrete apron on the south side of Jupiter Inlet. (i) A line drawn from the seaward extremity of Lake Worth Inlet North Jetty to latitude 26°46.4' N. longitude 80°01.5' W. (Lake Worth Inlet Lighted Bell Buoy "2LW"); thence to Lake Worth Inlet Lighted Buoy "3"; thence to the seaward extremity of Lake Worth Inlet South Jetty. (j) A line drawn across the seaward extremity of the Boynton Inlet Jetties. (k) A line drawn from Boca Raton Inlet North Jetty Light "2" to Boca Raton Inlet South Jetty Light "1". (l) A line drawn from Hillsboro Inlet Light to Hillsboro Inlet Entrance Light "2"; thence to Hillsboro Inlet Entrance Light "1"; thence west to the shoreline. (m) A line drawn from the tower located in approximate position latitude 26°06.9' N. longitude 80°06.4' W. to latitude 26°05.5' N. longitude 80°04.8' W. (Port Everglades Lighted Whistle Buoy "1"); thence to the signal tower located in approximate position latitude 26°05.5' N. longitude 80°06.5' W. (n) A line drawn from the seaward extremity of Bakers Haulover Inlet north jetty 090° true to longitude 80°07.2' W.; thence to the seaward extremity of Bakers Haulover Inlet south jetty. 25
§7.100 Florida Reefs And Keys From Miami, FL To Marquesas Keys, FL. (a) A line drawn from the tower located in approximate position latitude 25°46.7' N. longitude 80°08' W. to latitude 25°46.1' N. longitude 80°05.0' W. (Miami Lighted Whistle Buoy "M"); thence to Fowey Rocks Light (latitude 25°35.4' N. longitude 80°05.8' W.); thence to Pacific Reef Light (latitude 25°22.3' N. longitude 80°08.5' W.) thence to Carysfort Reef Light (latitude 25°13.3' N. longitude 80°12.7' W.); thence to Molasses Reef Light "10" (latitude 25°00.7' N. longitude 80°22.6' W.); thence to Alligator Reef Light (latitude 24°51.1 N. longitude 80°37.1' W.); thence to Tennessee Reef Light (latitude 24°44.7' N. longitude 80°46.9' W.); thence to Sombrero Key Light (latitude 24°37.6' N. longitude 81°06.6' W.); thence to American Shoal Light (latitude 24°31.5' N. longitude 81°31.2' W.); thence to latitude 24°27.7' N. longitude 81°48.1' W. (Key West Entrance Lighted Whistle Buoy); thence to Cosgrove Shoal Light (latitude 24°27.5' N. longitude 82°11.2' W.); thence due north to a point 12 miles from the baseline from which the territorial sea is measured in approximate position latitude 24°47.5' N. longitude 82°11.2' W. GULF COAST §7.105 Marquesas Keys, FL To Rio Grande, TX. A line drawn from Marquesas Keys, Florida at approximate position latitude 24[deg]47.5' N, longitude 82[deg]11.2' W; along the 12-mile line which marks the seaward limits of the territorial sea (as defined in 33 CFR 2.22(a)(1)) to Rio Grande, Texas at approximate position latitude 25[deg]58.6' N, longitude 96[deg]55.5' W. HAWAII §7.110 Mamala Bay, HI. A line drawn from Barbers Point Light to Diamond Head Light. PACIFIC COAST §7.115 Santa Catalina Island, CA. (a) A line drawn from the northernmost point of Lion Head to the north tangent of Bird Rock Island; thence to the northernmost point of Blue Cavern Point. (b) A line drawn from White Rock to the northernmost point of Abalone Point. §7.120 Mexican/United States Border To Point Fermin, CA. (a) A line drawn from the southerly tower of the Coronado Hotel in approximate position latitude 32°40.8' N. longitude 117°10.6' W. to latitude 32°39.1' N. longitude 117°13.6' W. (San Diego Bay Channel Lighted Bell Buoy "5"); thence to Point Loma Light. (b) A line drawn from Mission Bay South Jetty Light "2" to Mission Bay North Jetty Light "1". (c) A line drawn from Oceanside South Jetty Light "4" to Oceanside Breakwater Light "3". (d) A line drawn from Dana Point Jetty Light "6" to Dana Point Breakwater Light "5". (e) A line drawn from Newport Bay East Jetty Light "4" to Newport Bay West Jetty Light "3". (f) A line drawn from Anaheim Bay East Jetty Light "6" to Anaheim Bay West Jetty Light "5"; thence to Long Beach Breakwater East End Light "1". A line drawn from Long Beach Entrance Light "2" to Long Beach Light. A line drawn from Los Angeles Main Channel Entrance Light "2" to Los Angeles Light. §7.125 Point Vincente, CA To Point Conception, CA. (a) A line drawn from Redondo Beach East Jetty Light "2" to Redondo Beach West Jetty Light "3". (b) A line drawn from Marina Del Rey Light "4" to Marina Del Rey Breakwater South Light "1". A line drawn from Marina Del Rey Breakwater North Light "2" to Marina Del Rey Light "3". (c) A line drawn from Port Hueneme East Jetty Light "4" to Port Hueneme West Jetty Light "3". (d) A line drawn from Channel Islands Harbor South Jetty Light "2" to Channel Islands Harbor Breakwater South Light "1". A line drawn from Channel Islands Harbor Breakwater North Light to Channel Islands Harbor North Jetty Light "5". (e) A line drawn from Ventura Marina South Jetty Light "6" to Ventura Marina Breakwater South Light "3". A line drawn from Ventura Marina Breakwater North Light to Ventura Marina North Jetty Light "7". (f) A line drawn from Santa Barbara Harbor Light "4" to latitude 34°24.1' N. longitude 119°40.7' W. (Santa Barbara Harbor Lighted Bell Buoy "1"); thence to Santa Barbara Harbor Breakwater Light. §7.130 Point Conception, CA To Point Sur, CA. (a) A line drawn from the southernmost extremity of Fossil Point at longitude 120°43.5' W. to the seaward extremity of Whaler Island Breakwater. (b) A line drawn from the outer end of Morro Bay Entrance East Breakwater to latitude 35°21.5' N. longitude 120°52.3' W. (Morro Bay Entrance Lighted Bell Buoy "1"); thence to Morro Bay West Breakwater Light. §7.135 Point Sur, CA To Cape Blanco, OR. (a) A line drawn from Monterey Harbor Light "6" to latitude 36°36.5' N. longitude 121°53.2' W. (Monterey Harbor Anchorage Buoy "A"); thence to the northernmost extremity of Monterey Municipal Wharf No. 2. (b) A line drawn from seaward extremity of the pier located 0.3 mile south of Moss Landing Harbor Entrance to the seaward extremity of the Moss Landing Harbor North Breakwater. (c) A line drawn from Santa Cruz Light to the southernmost projection of Soquel Point. (d) A straight line drawn from Point Bonita Light across Golden Gate through Mile Rocks Light to the shore. (e) A line drawn from the northwestern tip of Tomales Point to latitude 38°15.1' N. longitude 123°00.1' W. (Tomales Point Lighted Horn Buoy "2"); thence to latitude 38°17.2' N. longitude 123°02.3' W. (Bodega Harbor Approach Lighted Gong Buoy "BA"); thence to the southernmost extremity of Bodega Head. (f) A line drawn from Humboldt Bay Entrance Light "4" to Humboldt Bay Entrance Light "3". (g) A line drawn from Crescent City Outer Breakwater Light "5" to the southeasternmost extremity of Whaler Island at longitude 124°11' W. §7.140 Cape Blanco, OR To Cape Flattery, WA. (a) A line drawn from the seaward extremity of the Coos Bay South Jetty to latitude 43°21.9' N. longitude 124°21.7' W. (Coos Bay Entrance Lighted Bell Buoy "1"); thence to the seaward extremity of the Coos Bay North Jetty. (b) A line drawn from the lookout tower located in approximate position latitude 46°13.6' N. longitude 124°00.7' W. to latitude 46°12.8' N. longitude 124°08.0' W. (Columbia River Entrance Lighted Whistle Buoy "2"); thence to latitude 46°14.5' N. longitude 124°09.5' W. (Columbia River Entrance Lighted Bell Buoy "1"); thence to North Head Light. (c) A line drawn from latitude 46°52.8' N. longitude 124°12.6' W. 26
(Grays Harbor Light to Grays Harbor Entrance Lighted Whistle Buoy "2"); thence to latitude 46°55.0' N. longitude 124°14.7' W. (Grays Harbor Entrance Lighted Whistle Buoy "3"); thence to Grays Harbor Bar Range Rear Light. §7.145 Strait Of Juan De Fuca, Haro Strait And Strait Of Georgia WA. (a) A line drawn from the northernmost point of Angeles Point to latitude 48°21.1' N. longitude 123°02.5' W. (Hein Bank Lighted Bell Buoy); thence to latitude 48°25.5' N. longitude 122°58.5' W. (Salmon Bank Lighted Gong Buoy "3"); thence to Cattle Point Light on San Juan Island. (b) A line drawn from Lime Kiln Light to Kellett Bluff Light on Henry Island; thence to Turn Point Light on Stuart Island; thence to Skipjack Island Light; thence to latitude 48°46.6' N. longitude 122°53.4' W. (Clements Reef Bouy "2"); thence to International Boundary Range B Front Light. ALASKA §7.150 Canadian (BC) And United States (AK) Borders To Cape Spencer, AK. (a) A line drawn from the northeasternmost extremity of Point Mansfield, Sitklan Island 040° true to the mainland. (b) A line drawn from the southeasternmost extremity of Island Point, Sitklan Island to the southernmost extremity of Garnet Point, Kanagunut Island; thence to Lord Rock Light; thence to Barren Island Light; thence to Cape Chacon Light; thence to Cape Muzon Light. (c) A line drawn from Point Cornwallis Light to Cape Bartolome Light; thence to Cape Edgecumbe Light; thence to the westernmost extremity of Cape Cross. (d) A line drawn from Surge Bay Entrance Light to Cape Spencer Light. §7.155 Cape Spencer, AK To Cape St. Elias, AK. (a) A line drawn from the westernmost extremity of Harbor Point to the southernmost extremity of LaChaussee Spit at Lituya Bay. (b) A line drawn from Ocean Cape Light to latitude 59°31.9' N. longitude 139°57.1' W. (Yakutat Bay Entrance Lighted Whistle Buoy "2"); thence to the southeasternmost extremity of Point Manby. (c) A line drawn from the northernmost extremity of Point Riou to the easternmost extremity of Icy Cape. §7.160 Point Whitshed, AK To Aialik Cape, AK. (a) A line drawn from the southernmost extremity of Point Whitshed to the easternmost extremity of Hinchinbrook Island. (b) A line drawn from Cape Hinchinbrook Light to Schooner Rock Light "1". (c) A line drawn from the southwesternmost extremity of Montague Island to Point Elrington Light; thence to the southernmost extremity of Cape Puget. (d) A line drawn from the southernmost extremity of Cape Resurrection to the Aialik Cape. §7.165 Kenai Peninsula, AK To Kodiak Island, AK. (a) A line drawn from the southernmost extremity of Kenai Peninsula at longitude 151°44.0' W. to East Amatuli Island Light; thence to the northwesternmost extremity of Shuyak Island at Party Cape; thence to the easternmost extremity of Cape Douglas. (b) A line drawn from the southernmost extremity of Pillar Cape on Afognak Island to Spruce Cape Light; thence to the easternmost extremity of Long Island; thence to the northeasternmost extremity of Cape Chiniak. (c) A line drawn from Cape Nunilak at latitude 58°09.7' N. to the northernmost extremity of Raspberry Island. A line drawn from the westernmost extremity of Raspberry Cape to the northernmost extremity of Miners Point. §7.170 Alaska Peninsula, AK To Aleutian Islands, AK. (a) A line drawn from the southernmost extremity of Cape Kumlium to the westernmost extremity of Nakchamik Island; thence to the easternmost extremity of Castle Cape at Chignik Bay. (b) A line drawn from Second Priest Rock to Ulakta Head Light at Iliuliuk Bay entrance. (c) A line drawn from Arch Rock to the northernmost extremity of Devilfish Point at Captains Bay. (d) A line drawn from the easternmost extremity of Lagoon Point to the northwesternmost extremity of Cape Kutuzof at Port Moller. §7.175 Alaska Peninsula, AK To Nunivak, AK. (a) A line drawn from the northernmost extremity of Goose Point at Egegik Bay to Protection Point. (b) A line drawn from the westernmost extremity of Kulukak Point to the northernmost extremity of Round Island; thence to the southernmost extremity of Hagemeister Island; thence to the southernmost extremity of Cape Peirce; thence to the southernmost extremity of Cape Newenham. (c) A line drawn from the church spire located in approximate position latitude 59°45' N. longitude 161°55' W. at the mouth of the Kanektok River to the southernmost extremity of Cape Avinof. §7.180 Kotzebue Sound, AK. A line drawn from Cape Espenberg Light to latitude 66°52' N. longitude 163°28' W.; and thence to Cape Krusenstern Light. 27
Part 8 – Vessel Inspection Alternatives Table Of Contents Subpart A–General Sec. 8.100 Definitions. 8.110 Incorporation By Reference. 8.120 Reciprocity. 8.130 Agreement Conditions. Subpart B–Recognition Of A Classification Society 8.200 Purpose. 8.210 Applicability. 8.220 Recognition Of A Classification Society. 8.230 Minimum Standards For A Recognized Classification Society. 8.240 Application For Recognition. 8.250 Acceptance Of Standards And Functions Delegated Under Existing Regulations. 8.260 Revocation Of Classification Society Recognition. Subpart C–International Convention Certificate Issuance 8.300 Purpose. 8.310 Applicability. 8.320 Classification Society Authorization To Issue International Certificates. 8.330 Termination Of Classification Society Authority. Subpart D–Alternate Compliance Program 8.400 Purpose. 8.410 Applicability. 8.420 Classification Society Authorization To Participate In The Alternate Compliance Program. 8.430 U.S. Supplement To Class Rules. 8.440 Vessel Enrollment In The Alternate Compliance Program. 8.450 Termination Of Classification Society Authority. [Authority: 46 U.S.C. 3103, 3306, 3316, 3703; Department of Homeland Security Delegation No. 0170.1. [SOURCE: CGD 95-
010, 62 FR 67532, Dec. 24, 1997, unless otherwise noted.] Subpart A–General §8.100 Definitions. Authorized Classification Society means a recognized classification society that has been delegated the authority to conduct certain functions and certifications on behalf of the Coast Guard. Class Rules means the standards developed and published by a classification society regarding the design, construction and certification of commercial vessels. Classed means that a vessel meets the classification society requirements that embody the technical rules, regulations, standards, guidelines and associated surveys and inspections covering the design, construction and through-life compliance of a ship's structure and essential engineering and electrical systems. Commandant means the Commandant of the Coast Guard. Delegated Function means a function related to Coast Guard commercial vessel inspection which has been delegated to a classification society. Delegated functions may include issuance of international convention certificates and participation in the Alternate Compliance Program under this part. Delegated Function Related to General Vessel Safety Assessment means issuance of the SOLAS Cargo Ship Safety Construction Certificate or issuance of the SOLAS Cargo Ship Safety Equipment Certificate. Exclusive Surveyor means a person who is employed solely by a classification society and is authorized to conduct vessel surveys. Independent surveyors, hired on a case-by-case basis, or surveyors of another classification society are not considered exclusive surveyors for the performance of delegated functions on behalf of the Coast Guard. Gross Tons means vessel tonnage measured in accordance with the International Convention on Tonnage Measurement of Ships, 1969. Vessels not measured by this convention must be measured in accordance with the method utilized by the flag state administration of that vessel. MARPOL 73/78 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, and includes the Convention which means the International Convention for the Prevention of Pollution from Ships, 1973, including Protocols I and II and Annexes I, II, and V thereto, including any modification or amendments to the Convention, Protocols or Annexes which have entered into force for the United States. Officer in Charge, Marine Inspection (OCMI) means any person from the civilian or military branch of the Coast Guard designated as such by the Commandant and who, under the superintendence and direction of a Coast Guard District Commander, is in charge of an inspection zone for the performance of duties with respect to the inspection, enforcement, and administration of 46 U.S.C., Revised Statutes, and acts amendatory thereof or supplemental thereto, and rules and regulations thereunder. Recognized Classification Society means the American Bureau of Shipping or other classification society recognized by the Commandant under this part. SOLAS means International Convention for the Safety of Life at Sea, 1974, as amended. §8.110 Incorporation By Reference. (a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register under 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 the material must be available to the public. All material is available for inspection at the Office of the Federal Register, 800 North Capitol St., NW., Suite 700, Washington, DC and at the U.S. Coast Guard, Office of Design and Engineering Standards, 2100 Second St., SW., Washington, DC 20593-0001, and is available from the sources listed in paragraph (b). (b) The material incorporated by reference in this subchapter and the sections affected are as follows: American Bureau of Shipping (ABS) –ABS Plaza, 16855 Northchase Drive, Houston, TX 77060. Rules for Building and Classing Steel Vessels, 1996–31.01-
3(b), 71.15-5(b), 91.15-5(b) Rules for Building and Classing Steel Vessels, 1997–31.01-
3(b), 71.15-5(b), 91.15-5(b) Rules for Building and Classing Steel Vessels, 1998–31.01-
3(b), 71.15-5(b), 91.15-5(b) Rules for Building and Classing Mobile Offshore Drilling Units, 1998–107.205(b) 28
U. S. Supplement to ABS Rules for Steel Vessels for Vessels on International Voyages, 21 October 1996–31.01-3(b), 71.15-
5(b), 91.15-5(b) U.S. Supplement to ABS Rules for Steel Vessels for Vessels on International Voyages, 1 August 1997–31.01-3(b), 71.15-5(b), 91.15-5(b) U.S. Supplement to ABS Rules for Mobile Offshore Drilling Units, 1 June 1998–107.205(b) American National Standards Institute (ANSI) –11 West 42nd St., New York, NY 10036. ANSI/ASQC Q9001–1994, Quality Assurance in Design, Development, Production and Servicing, 1994–8.230 Lloyd's Register of Shipping (LR) –100 Leadenhall Street, London EC3A 3BP. Rules and Regulations for the Classification of Ships, 1998–
31.01-3(b), 71.15-5(b), 91.15-5(b) Lloyd's Register of Shipping Supplemental Requirements, 19 September 1998–31.01-3(b), 71.15-5(b), 91.15-5(b) [CGD 95-010, 62 FR 67532, Dec. 24, 1997, as amended by USCG-1999-5004, 64 FR 30439, June 8, 1999; 65 FR 58455, Sept. 29, 2000] §8.120 Reciprocity. (a) The Commandant may delegate authority to a classification society that has its headquarters in a country other than the United States only to the extent that the flag state administration of that country delegates authority and provides access to the American Bureau of Shipping to inspect, certify and provide related services to vessels flagged by that country. The Commandant will determine reciprocity on a "case-by-case" basis. (b) In order to demonstrate that the conditions described in paragraph (a) of this section are satisfied, a classification society must provide to the Coast Guard an affidavit, from the government of the country that the classification society is headquartered in, listing the authorities delegated by the flag state administration of that country to the American Bureau of Shipping, and indicating any conditions related to the delegated authority. (c) The Commandant will not consider an application for authorization to perform a delegated function submitted under this part until the conditions described in paragraph (a) of this section are satisfied. Where simultaneous authorization by a foreign government for ABS is involved, this requirement may be waived. (d) The Commandant will not evaluate a classification society for recognition until the conditions described in paragraph (a) of this section are satisfied for at least one of the authorized delegations being sought. Where simultaneous recognition by a foreign government for ABS is involved, this requirement may be waived. (e) The Commandant may make a delegation regarding load lines under 46 U.S.C. 5107 or measurement of vessels under 46 U.S.C. 14103 without regard to the conditions described in paragraph (a) of this section. §8.130 Agreement Conditions. (a) Delegated functions performed by, and statutory certificates issued by, an authorized classification society will be accepted as functions performed by, or certificates issued by, the Coast Guard, provided that the classification society maintains compliance with all provisions of its agreement with the Commandant. Any agreement between the Commandant and a recognized classification society authorizing the performance of delegated functions will be written and will require the classification society to comply with each of the following: (1) Issue any certificates related to a delegated function in the English language. (2) Maintain a corporate office in the United States that has adequate resources and staff to support all delegated functions and to maintain required associated records. (3) Maintain all records in the United States related to delegated functions conducted on behalf of the Coast Guard. (4) Make available to appropriate Coast Guard representatives vessel status information and records, including outstanding vessel deficiencies or classification society recommendations, in the English language, on all vessels for which the classification society has performed any delegated function on behalf of the Coast Guard. (5) Report to the Commandant (G-MOC) the names and official numbers of any vessels removed from class for which the classification society has performed any delegated function on behalf of the Coast Guard and include a description of the reason for the removal. (6) Report to the Commandant (G-MOC) all port state detentions on all vessels for which the classification society has performed any delegated function on behalf of the Coast Guard when aware of such detention. (7) Annually provide the Commandant (G-MOC) with its register of classed vessels. (8) Ensure vessels meet all requirements for class of the accepting classification society prior to accepting vessels transferred from another classification society. (9) Suspend class for vessels that are overdue for special renewal or annual survey. (10) Attend any vessel for which the classification society has performed any delegated function on behalf of the Coast Guard at the request of the appropriate Coast Guard officials, without regard to the vessel's location–unless prohibited to do so under the laws of the United States, the laws of the jurisdiction in which the vessel is located, the classification society's home country domestic law, or where the classification society considers an unacceptable hazard to life and/or property exists. (11) Honor appeal decisions made by the Commandant (G-MSE) or Commandant (G-MOC) on issues related to delegated functions. (12) Apply U.S. flag administration interpretations, when they exist, to international conventions for which the classification society has been delegated authority to certificate or perform other functions on behalf of the Coast Guard. (13) Obtain approval from the Commandant (G-MOC) prior to granting exemptions from the requirements of international conventions, class rules, and the U.S. supplement to class rules. (14) Make available to the Coast Guard all records, in the English language, related to equivalency determinations or approvals made in the course of delegated functions conducted on behalf of the Coast Guard. (15) Report to the Coast Guard all information specified in the agreement at the specified frequency and to the specified Coast Guard office or official. (16) Grant the Coast Guard access to all plans and documents, including reports on surveys, on the basis of which certificates are issued or endorsed by the classification society. (17) Identify a liaison representative to the Coast Guard. (18) Provide regulations, rules, instructions and report forms in the English language. 29
(19) Allow the Commandant (G-M) to participate in the development of class rules. (20) Inform the Commandant (G-M) of all proposed changes to class rules. (21) Provide the Commandant (G-M) the opportunity to comment on any proposed changes to class rules and to respond to the classification society's disposition of the comments made by the Coast Guard. (22) Furnish information and required access to the Coast Guard to conduct oversight of the classification society's activities related to delegated functions conducted on behalf of the Coast Guard. (23) Allow the Coast Guard to accompany them on internal and external quality audits and provide written results of such audits to appropriate Coast Guard representatives. (24) Provide the Coast Guard access necessary to audit the authorized classification society to ensure that it continues to comply with the minimum standards for a recognized classification society. (25) Use only exclusive surveyors of that classification society to accomplish all work done on behalf of, or under any delegation from, the Coast Guard. For tonnage-related measurement service only, however, classification societies may use part-time employees or independent contractors in place of exclusive surveyors. (26) Allow its surveyors to participate in training with the Coast Guard regarding delegated functions. (b) Amendments to an agreement between the Coast Guard and an authorized classification society will become effective only after consultation and written agreement between parties. (c) Agreements may be terminated by one party only upon written notice to the other party. Termination will occur sixty days after written notice is given. Subpart B–Recognition Of A Classification Society §8.200 Purpose. This subpart establishes criteria and procedures for vessel classification societies to obtain recognition from the Coast Guard. This recognition is necessary in order for a classification society to become authorized to perform vessel inspection and certification functions delegated by the Coast Guard as described in this part. §8.210 Applicability. This subpart applies to all vessel classification societies seeking recognition by the Coast Guard. §8.220 Recognition Of A Classification Society. (a) A classification society must be recognized by the Commandant before it may receive statutory authority delegated by the Coast Guard. (b) In order to become recognized, a classification society must meet the requirements of §8.230. (c) A classification society found to meet the criteria for recognition will be notified in writing by the Commandant. (d) If the Coast Guard determines that a classification society does not meet the criteria for recognition, the Coast Guard will provide the reason for this determination. (e) A classification society may reapply for recognition upon correction of the deficiencies identified by the Coast Guard. §8.230 Minimum Standards For A Recognized Classification Society. (a) In order to receive recognition by the Coast Guard a classification society must: (1) Establish that it has functioned as an international classification society for at least 30 years with its own class rules; (2) Establish that is has a history of appropriate corrective actions in addressing vessel casualties and cases of nonconformity with class rules; (3) Establish that it has a history of appropriate changes to class rules based on their application and the overall performance of its classed fleet; (4) Have a total classed tonnage of at least 10 million gross tons; (5) Have a classed fleet of at least 1,500 ocean-going vessels over 100 gross tons; (6) Have a total classed tonnage of ocean-going vessels over 100 gross tons totaling no less than 8 million gross tons; (7) Publish and maintain class rules in the English language for the design, construction and certification of ships and their associated essential engineering systems; (8) Maintain written survey procedures in the English language; (9) Have adequate resources, including research, technical, and managerial staff, to ensure appropriate updating and maintaining of class rules and procedures; (10) Have adequate resources and geographical coverage to carry out all plan review and vessel survey activities associated with delegated functions as well as classification society requirements; (11) Employ a minimum of 150 exclusive surveyors; (12) Have adequate criteria for hiring and qualifying surveyors and technical staff; (13) Have an adequate program for continued training of surveyors and technical staff; (14) Have a corporate office in the United States that provides a continuous management and administrative presence; (15) Maintain an internal quality system based on ANSI/ASQC Q9001 or an equivalent quality standard; (16) Determine classed vessels comply with class rules, during appropriate surveys and inspection; (17) Determine that attended vessels comply with all statutory requirements related to delegated functions, during appropriate surveys and inspection; (18) Monitor all activities related to delegated functions for consistency and required end-results; (19) Maintain and ensure compliance with a Code of Ethics that recognizes the inherent responsibility associated with delegation of authority; (20) Not be under the financial control of shipowners or shipbuilders, or of others engaged commercially in the manufacture, equipping, repair or operation of ships; (21) Not be financially dependent on a single commercial enterp- 30
rise for its revenue; (22) Not have any business interest in, or share of ownership of, any vessel in its classed fleet; and (23) Not be involved in any activities which could result in a conflict of interest. (b) Recognition may be granted after it is established that the classification society has an acceptable record of vessel detentions attributed to classification society performance under the Coast Guard Port State Control Program. §8.240 Application For Recognition. (a) A classification society must apply for recognition in writing to the Commandant (G-MSE). (b) An application must indicate which specific authority the classification society seeks to have delegated. (c) Upon verification from the Coast Guard that the conditions of reciprocity have been met in accordance with §8.120, the requesting classification society must submit documentation to establish that it meets the requirements of §8.230. §8.250 Acceptance Of Standards And Functions Delegated Under Existing Regulations. (a) Classification society class rules will only be accepted as equivalent to Coast Guard regulatory standards when that classification society has received authorization to conduct a related delegated function. (b) A recognized classification society may not conduct any delegated function under this title until it receives a separate written authorization from the Commandant to conduct that specific function. §8.260 Revocation Of Classification Society Recognition. A recognized classification society which fails to maintain the minimum standards established in this part will be reevaluated and its recognized status revoked if warranted. Subpart C–International Convention Certificate Issuance §8.300 Purpose. This subpart establishes options for vessel owners and operators to obtain required international convention certification through means other than those prescribed elsewhere in this chapter. §8.310 Applicability. This subpart applies to: (a) Recognized classification societies; and (b) All U.S. flag vessels that are certificated for international voyages and are classed by a recognized classification society that is authorized by the Coast Guard to issue the applicable international certificate as specified in this subpart. §8.320 Classification Society Authorization To Issue International Certificates. (a) The Commandant may authorize a recognized classification society to issue certain international convention certificates. Authorization will be based on review of: (1) Applicable class rules; and (2) Applicable classification society procedures. (b) The Coast Guard may delegate issuance of the following international convention certificates to a recognized classification society: (1) International Load Line Certificate; (2) International Tonnage Certificate (1969); (3) SOLAS Cargo Ship Safety Construction Certificate; (4) SOLAS Cargo Ship Safety Equipment Certificate; (5) International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk; (6) International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk; (7) International Maritime Organization (IMO) Mobile Offshore Drilling Unit Safety Certificate; (8) MARPOL 73/78 International Oil Pollution Prevention Certificate; and (9) MARPOL 73/78 International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk. (c) The Coast Guard will enter into a written agreement with a recognized classification society authorized to issue international convention certificates. This agreement will define the scope, terms, conditions and requirements of that delegation. Conditions of these agreements are presented in §8.130. §8.330 Termination Of Classification Society Authority. (a) The Coast Guard may terminate an authorization agreement with a classification society if: (1) The Commandant revokes the classification society's recognition, as specified in §8.260; or (2) The classification society fails to comply with the conditions of the authorization agreement as specified in §8.130. (b) In the event that a flag administration of a country changes conditions related to the authority that is delegated to ABS, the Commandant may modify or revoke the Coast Guard's authorization of that classification society that has its headquarters in that country. (c) Certificates issued by a classification society which has had its authorization terminated will remain valid until the next classification society survey associated with that certificate is required or until the certificate expires, whichever occurs first. Subpart D–Alternate Compliance Program [SOURCE: 63 FR 44353, Aug. 18, 1998, unless otherwise noted.] §8.400 Purpose. This subpart establishes an alternative to subpart 2.01 of this chapter for certification of United States vessels. §8.410 Applicability. This subpart applies to: (a) Recognized classification societies; and (b) U.S. flag vessels that are certificated for international voyages and are classed by a recognized classification society that is authorized by the Coast Guard to participate in the Alternate Compliance Program (ACP) as specified in this subpart and whose vessel type is authorized to participate in the ACP per the applicable subchapter of 46 CFR chapter I. §8.420 Classification Society Authorization To Participate In The Alternate Compliance Program. (a) The Commandant may authorize a recognized classification society to participate in the ACP Authorization will be based on a 31
satisfactory review of: (1) Applicable class rules; and (2) Applicable classification society procedures. (b) Authorization for a recognized classification society to participate in the ACP will require development of a U.S. Supplement to the society's class rules that meets the requirements of §8.430 of this part, which must be accepted by the Coast Guard. (c) A recognized classification society will be eligible to receive authorization to participate in the ACP only after it has performed a delegated function related to general vessel safety assessment, as defined in §8.100, for a two-year period. (d) If, after this two-year period, the Coast Guard finds that the recognized classification society has not demonstrated the necessary satisfactory performance or lacks adequate experience, the recognized classification society will not be eligible to participate in the ACP. The Coast Guard will provide the reason for this determination to the recognized classification society. A classification society may appeal the decision of the Coast Guard concerning recognition to the Commandant in writing in accordance with 46 CFR 1.03-15(h)(4). (e) The Coast Guard will enter into a written agreement with a recognized classification society authorized to participate in the ACP. This agreement will define the scope, terms, conditions and requirements of the necessary delegation. Conditions of this agreement are presented in §8.130. §8.430 U.S. Supplement To Class Rules. Prior to receiving authorization to participate in the ACP, a recognized classification society must prepare, and receive Commandant (G-MSE) approval of, a U.S. Supplement to the recognized classification society's class rules. This supplement must include all regulations applicable for issuance of a Certificate of Inspection (COI) which are not, in the opinion of the Commandant, adequately established by either the class rules of that classification society or applicable international regulations. §8.440 Vessel Enrollment In The Alternate Compliance Program. (a) In place of compliance with other applicable provisions of this title, the owner or operator of a vessel subject to plan review and inspection under this subchapter for initial issuance or renewal of a COI may submit the vessel for classification, plan review and inspection by a recognized classification society authorized by the Coast Guard to determine compliance with applicable international treaties and agreements, the classification society's class rules, and the U.S. Supplement prepared by the classification society and accepted by the Coast Guard. (b) A vessel owner or operator wishing to have a vessel inspected under paragraph (a) of this section shall submit an Application for Inspection of U.S. Vessel (CG-3752) to the cognizant OCMI, and indicate on the form that the inspection will be conducted by an authorized classification society under the ACP. (c) Based on reports from an authorized classification society that a vessel complies with applicable international treaties and agreements, the classification society's class rules, and the U.S. Supplement prepared by the classification society and accepted by the Coast Guard, the cognizant OCMI may issue a certificate of inspection to the vessel. If the OCMI declines to issue a certificate of inspection even though the reports made by the authorized classification society indicate that the vessel meets applicable standards, the vessel owner or operator may appeal the OCMI decision as provided in subpart 1.03 of this chapter. (d) If reports from an authorized classification society indicate that a vessel does not comply with applicable international treaties and agreements, the classification society's class rules, and the U.S. Supplement prepared by the classification society and accepted by the Coast Guard, the cognizant OCMI may decline to issue a certificate of inspection. If the OCMI declines to issue a certificate of inspection, the vessel owner or operator may: (1) Correct the reported deficiencies and make arrangements with the classification society for an additional inspection; (2) Request inspection by the Coast Guard under other provisions of this subchapter; or (3) Appeal via the authorized classification society to the Chief, Office of Compliance, Commandant (G-MOC), U.S. Coast Guard, 2100 Second St. SW., Washington, DC 20593-0001. §8.450 Termination Of Classification Society Authority. (a) The Coast Guard may terminate an authorization agreement with a classification society to participate in the Alternate Compliance Program if: (1) The Commandant revokes the classification society's recognition, as specified in §8.260; or (2) The classification society fails to comply with the conditions of the authorization agreement as specified in §8.130. (b) In the event that a flag administration of a country changes conditions related to the authority that is delegated to ABS, the Commandant may modify or revoke the Coast Guard's authorization of that classification society that has its headquarters in that country. (c) Certificates issued by a classification society which has had its authorization to participate in the Alternate Compliance Program terminated, will be subject to the provisions of §8.330. (d) Owners or operators of vessels enrolled in the ACP and classed by a classification society that has its authority to participate in the ACP terminated, must: (1) Change the classification society for the vessel to a classification society that is authorized to participate in the ACP; or (2) Disenroll the vessel from the ACP. (e) The Coast Guard will provide guidance to a vessel owner affected by the revocation of a classification society's authority to participate in the ACP. This will include notification of when the action required under paragraph (d) of this section must be completed. 32
Part 15 – Manning Requirements Table Of Contents Subpart A–Purpose And Applicability Sec. 15.101 Purpose Of Regulations. 15.102 Paperwork Approval. 15.103 General. 15.105 Incorporation By Reference. Subpart I–Vessels In Foreign Trade 15.1001 General. 15.1010 California. 15.1020 Hawaii. 15.1030 New York And New Jersey. 15.1040 Massachusetts. 15.1050 North Carolina. Subpart J–Vessels Subject To Requirements Of STCW 15.1101 General. 15.1103 Employment And Service Within Restrictions Of A License, Document, And STCW Endorsement Or Of A Certificate Of Training. 15.1105 Familiarization And Basic Safety-Training. 15.1107 Maintenance Of Merchant Mariners' Records By Owner Or Operator. 15.1109 Watches. 15.1111 Work Hours And Rest Periods. Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104, 8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 8905(b), 8906 and 9102; and Department of Homeland Security Delegation No. 0170.1. [SOURCE: CGD 81-059, 52 FR 38652, Oct. 16, 1987, unless otherwise noted.] [64 FR 63213, Nov. 19, 1999; 65 FR 64388, Oct. 27, 2000; 67 FR 34756, May 15, 2002; 67 FR 66063, Oct. 30, 2002; 68 FR 35801, June 17, 2003] Subpart A–Purpose And Applicability §15.101 Purpose Of Regulations. The purpose of the regulations in this part is to set forth uniform minimum requirements for the manning of vessels. In general, they implement, interpret, or apply the specific statutory manning requirements in title 46, U.S.C., parts E & F, implement various international conventions which affect merchant marine personnel, and provide the means for establishing the complement necessary for safe operation of vessels. §15.102 Paperwork Approval. (a) This section lists the control numbers assigned by the Office of Management and Budget under the Paper Reduction Act of 1980 (Pub. L. 96-511) for the reporting and recordkeeping requirements in this part. (b) The following control numbers have been assigned to the sections indicated: (1) OMB 1625-0079–46 CFR 15.1107 (2) [Reserved] [CGD 95-62, 62 FR 34538, June 26, 1997] §15.103 General. (a) The regulations in this part apply to all vessels which are subject to the manning requirements contained in the navigation and shipping laws of the United States, including uninspected vessels (46 U.S.C. 7101-9308). (b) The navigation and shipping laws state that a vessel may not be operated unless certain manning requirements are met. In addition to establishing a minimum of licensed individuals and members of the crew to be carried on board certain vessels, they establish minimum qualifications concerning licenses, citizenship, and conditions of employment. It is the responsibility of the owner, charterer, managing operator, master, or person in charge or command of the vessel to ensure that appropriate personnel are carried to meet the requirements of the applicable navigation and shipping laws and regulations. (c) Inspected vessels are issued a certificate of inspection which indicates the minimum complement of licensed individuals and crew (including lifeboatmen) considered necessary for safe operation. The certificate of inspection complements the statutory requirements but does not supersede them. (d) The regulations in subpart J of this part apply to seagoing vessels subject to the International Convention on Standards of Training, Certification and watchkeeping for Seafarers as amended (STCW ). (e) Neither any person serving on any of the following vessels, nor any owner or operator of any of these vessels, need meet the requirements of subpart J, because the vessels are exempt from application of STCW: (1) Uninspected passenger vessels as defined in 46 U.S.C. 2101(42). (2) Fishing vessels as defined in 46 U.S.C. 2101(11)(a). (3) Fishing vessels used as fish-tender vessels as defined in 46 U.S.C. 2101(11)(c). (4) Barges as defined in 46 U.S.C. 2101(2), including non-self-
propelled mobile offshore-drilling units. (5) Vessels operating exclusively on the Great Lakes. (f) Personnel serving on the following vessels, and the owners and operators of these vessels, are in compliance with subpart J and are not subject to further obligation for the purposes of STCW, on account of the vessels' special operating conditions as small vessels engaged in domestic voyages: (1) Small passenger vessels subject to subchapter T or K of title 46, CFR. (2) Vessels of less than 200 GRT (other than passenger vessels subject to subchapter H of title 46 CFR). (g) Licensed personnel serving on vessels identified in paragraphs (e)(5), (f)(1), and (f)(2) of this section will be issued, without additional proof of qualification, an appropriate STCW certificate or endorsement when the Officer in Charge, Marine Inspection determines that such an endorsement is necessary to enable the vessel to engage in an international voyage. The STCW certificate or endorsement will be expressly limited to service on the vessel or the class of vessels and will not establish qualification for any other purpose. [CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by CGD 95-062, 62 FR 34538, June 26, 1997] §15.105 Incorporation By Reference. (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 33
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 change in the FEDERAL REGISTER and must ensure that the material is available to the public. All approved material is available for inspection at the Office of the Federal Register, 800 North Capitol Street NW., Suite 700, Washington, DC, and at the U.S. Coast Guard, Office of Operating and Environmental Standards, 2100 Second Street SW., Washington, DC 20593-0001, and 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 as follows: International Maritime Organization (IMO) 4 Albert Embankment, London, SE1 7SR, England STCW–The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended, (STCW Convention), and Seafarer's Training, Certification and Watchkeeping Code (STCW Code)–15.103; 15.1101; 15.1103; 15.1105; 15.1109. [CGD 95-062, 62 FR 34539, June 26, 1997, as amended by USCG-1999-6216, 64 FR 53223, Oct. 1, 1999] Subpart I–Vessels In Foreign Trade [SOURCE: CGD 92-061, 60 FR 24796, May 10, 1995, unless otherwise noted.] §15.1001 General. Self-propelled vessels engaged in foreign commerce are required to use a pilot holding an appropriately endorsed Federal first class pilot's license issued by the Coast Guard when operating in the navigable waters of the United States specified in this subpart. §15.1010 California. The following offshore marine oil terminals located within U.S. navigable waters of the State of California: (a) Carlsbad, CA. The waters including the San Diego Gas and Electric, Encina Power Plant, lying within an area bounded by a line beginning at latitude 33°10'06"N, longitude 117°21'42"W, thence southwesterly to latitude 33°08'54"N, longitude 117°24'36"W, thence southwesterly to latitude 33°04'30"N, longitude 117°21'42"W, thence northeasterly to latitude 33°05'36"N, longitude 117°18'54"W, thence northwesterly along the shoreline to latitude 33°10'06"N, longitude 117°21'42"W. (b) Huntington Beach, CA. The waters including the Golden West Refining Company, Huntington Beach Marine Terminal, lying within an area bounded by a line beginning at latitude 33°39'06"N, longitude 118°00'0"W, thence westerly to latitude 33°39'18"N, longitude 118°05'12"W, thence southeasterly along a line drawn three nautical miles from the baseline to latitude 33°35'30"N, longitude 118°00'00"W, thence easterly to latitude 33°35'30"N, longitude 117°52'30"W, thence northwesterly along the shoreline to latitude 33°39'06"N, longitude 118°00'00"W. (c) El Segundo, CA. The waters including the Chevron USA, El Segundo Marine Terminal, lying within an area bounded by a line beginning at latitude 33°56'18"N, longitude 118°26'18"W, thence westerly to latitude 33°56'18"N, longitude 118°30'48"W, thence southeasterly along a line drawn three nautical miles from the baseline to latitude 33°51'48"N, longitude 118°27'54"W, thence easterly to latitude 33°51'48"N, longitude 118°24'00"W, thence northwesterly along the shoreline to latitude 33°56'18"N, longitude 118°26'18"W. (d) Oxnard, CA. The waters including the Southern California Edison Company, Mandalay Generating Station, lying within an area bounded by a line beginning at latitude 34°14'12"N, longitude 119°16'00"W, thence westerly to latitude 34°14'12"N, longitude 119°19'36"W, thence southeasterly along a line drawn three nautical miles from the baseline to latitude 34°09'24"N, longitude 119°17'20"W, thence easterly to latitude 34°09'24"N, longitude 119°13'24"W, thence northwesterly along the shoreline to latitude 34°14'24"N, longitude 119°16'00"W. (e) Goleta, CA. The waters including the ARCO, Ellwood Marine Terminal, lying within an area bounded by a line beginning at latitude 34°26'12"N, longitude 119°57'00"W, thence southerly to latitude 34°22'48"N, longitude 119°57'00"W, thence southeasterly along a line drawn three nautical miles from the baseline to latitude 34°21'06"N, longitude 119°50'30.5"W, thence northerly to latitude 34°24'18"N, longitude 119°50'30"W, thence northwesterly along the shoreline to latitude 34°26'12"N, longitude 119°57'00"W. (f) Gaviota, CA. The waters including the Texaco Trading and Transportation, Gaviota Marine Terminal, lying within an area bounded by a line beginning at latitude 34°28'06"N, longitude 120°16'00"W, thence southerly to latitude 34°25'06"N, longitude 120°16'00"W, thence easterly along a line drawn three nautical miles from the baseline to latitude 34°25'24"N, longitude 120°08'30"W, thence northerly to latitude 34°28'24"N, longitude 120°08'30"W, thence westerly along the shoreline to latitude 34°28'06"N, longitude 120°16'00"W. (g) Moss Landing, CA. The waters including the Pacific Gas and Electric Company Power Plant, lying within an area bounded by a line beginning at latitude 36°49'00"N, longitude 121°47'42"W, thence westerly to latitude 36°49'00"N, longitude 121°51'00"W, thence southerly to latitude 36°47'00"N, longitude 121°51'00"W thence easterly to latitude 36°47'00"N, longitude 121°47'54"W, thence northerly along the shoreline to latitude 36°49'00"N, longitude 121°47'42"W. (h) Estero Bay, CA. The waters including various moorings, including the Pacific Gas and Electric Company mooring and the two Chevron Oil Company Terminals lying within an area bounded by a line beginning at latitude 36°25'00"N, longitude 120°52'30"W, thence westerly to latitude 36°25'00"N, longitude 120°56'00"W, thence southerly to latitude 36°22'00"N, longitude 120°56'00"W, thence easterly to latitude 36°22'00"N, longitude 120°52'12"W, thence northerly along the shoreline to latitude 36°25'00"N, longitude 120°52'30"W. (i) San Luis Obispo Bay, CA. The waters including the Unocal Corporation Avila Terminal and the approaches thereto, lying in an area bounded by a line beginning at latitude 35°09'42"N, longitude 120°46'00"W, thence southerly to latitude 35°07'00"N, longitude 120°46'00"W, thence easterly to latitude 35°07'00"N, longitude 120°43'00"W, thence northerly to latitude 35°10'24"N, longitude 120°43'00"W, thence westerly along the shoreline to latitude 35°09'42"N, longitude 120°46'00"W. [CGD 92-061, 60 FR 24796, Jan. 4, 1995, as amended by USCG-
1998-4442, 63 FR 52189, Sept. 30, 1998] §15.1020 Hawaii. The following offshore marine oil terminals located within U.S. navigable waters of the State of Hawaii: Barbers Point, Island of Oahu. The waters including the Hawaiian Independent Refinery, Inc. and the Chevron moorings lying within an area bounded by a line bearing 180 degrees true from Barbers Point Light to latitude 21°14.8'N, longitude 158°06.4'W, thence easterly to latitude 21°14.8'N, longitude 158°03.3'W, thence northeasterly to latitude 21°15.6'N, longitude 158°01.1'W, thence northwesterly to latitude 21°18.5'N, longitude 158°02.0'W, thence westerly along the shoreline to latitude 21°17.8'N, longitude 158°06.4'W. §15.1030 New York And New Jersey. The following U.S. navigable waters located within the States of New York and New Jersey when the vessel is making an intra-
port transit, to include, but not limited to, a movement from a dock to a dock, from a dock to an anchorage, from an anchorage to a dock, or from an anchorage to an anchorage, within the following listed operating areas: 34
(a) East River from Execution Rocks to New York Harbor, Upper Bay; (b) Hudson River from Yonkers, New York to New York Harbor, Upper Bay; (c) Raritan River from Grossman Dock/Arsenal to New York Harbor, Lower Bay; (d) Arthur Kill Channel; (e) Kill Van Kull Channel; (f) Newark Bay; (g) Passaic River from Point No Point to Newark Bay; (h) Hackensack River from the turning basin to Newark Bay; and (i) New York Harbor, Upper and Lower Bay. Note: "Intra-port transit" as used in this section includes the movement of a foreign-trade vessel inbound from sea from the point where a State-licensed pilot ceases providing pilotage to another point within the identified areas (i.e., a dock or anchorage). Likewise, intra-port transit also includes the movement of a foreign-trade vessel outbound to sea from a point within the identified areas (i.e., a dock or anchorage) to the point where a State licensed pilot begins providing pilotage. §15.1040 Massachusetts. The following U.S. navigable waters located within the State of Massachusetts when the vessel is in transit, but not bound to or departing from a port within the following listed operating areas: (a) Cape Cod Bay south of latitude 41°48'54"N; (b) The Cape Cod Canal; and (c) Buzzards Bay east of a line extending from the southernmost point of Wilbur Point (latitude 41°34'55"N longitude 70°51'15"W) to the easternmost point of Pasque Island (latitude 41°26'55"N longitude 70°50'30"W). [CGD 92-061, 60 FR 24796, May 10, 1995, as amended by USCG-1998-4442, 63 FR 52189, Sept. 10, 1998] §15.1050 North Carolina. (a) The following navigable waters of the United States within the State of North Carolina when the vessel is maneuvering while berthing or unberthing, is approaching or passing through a bridge, or is making any intra-port transit, which transit may include but is not limited to movement from a dock to a dock, from a dock to an anchorage, from an anchorage to a dock, or from an anchorage to an anchorage, within either of the following areas: (1) The waters of the Cape Fear River from the boundary line established by 46 CFR 7.60 to Latitude 34°16.5'N. (2) The waters of the Northeast Cape Fear River from its confluence with the Cape Fear River at Point Peter to Latitude 34°17'N. (b) This subpart does not apply to any vessel on the waters specified in paragraph (a) of this section if the laws of the State of North Carolina require a State-licensed pilot on the vessel. [CGD 97-073, 63 FR 57255, Oct. 27, 1998] Subpart J–Vessels Subject To Requirements Of STCW [AUTHORITY: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104, 8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 8905(b), 9102; Pub. L. 103-206, 107 Stat. 2439; 49 CFR 1.45 and 1.46.] [SOURCE: CGD 95-062, 62 FR 34539, June 26, 1997, unless otherwise noted. §15.1101 General. (a) Definitions. For purposes of this subpart, the term– (1) STCW means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995; (2) STCW Code means the Seafarer's Training, Certification and Watchkeeping Code; (3) Seagoing vessel means a self-propelled vessel in commercial service that operates beyond the Boundary Line established by 46 CFR part 7. It does not include a vessel that navigates exclusively on inland waters; (4) Rest means a period of time during which the person concerned is off duty, is not performing work (which includes administrative tasks such as chart corrections or preparation of port-entry documents), and is allowed to sleep without being interrupted; and (5) Overriding operational conditions means circumstances in which essential shipboard work cannot be delayed for safety or environmental reasons, or could not reasonably have been anticipated at the commencement of the voyage. (b) Except as otherwise provided in §15.1103(d), the regulations in this subpart apply to seagoing vessels subject to STCW. (c) A vessel that has on board a valid Safety Management Certificate and a copy of a Document of Compliance issued for that vessel in accordance with 46 U.S.C. 3205 is presumed in compliance with the regulations in this subpart. §15.1103 Employment And Service Within Restrictions Of A License, Document, And STCW Endorsement Or Of A Certificate Of Training. (a) On board a seagoing vessel operating beyond the Boundary Line, no person may employ or engage any person to serve, and no person may serve, in a position requiring a person to hold an STCW endorsement, including master, chief mate, chief engineer, second engineer, officer of the navigational or engineering watch, or radio operator, unless the person serving holds an appropriate, valid STCW certificate or endorsement issued in accordance with part 10 or 12 of this chapter. (b) On board a seagoing vessel of 500 GT or more, as determined under the International Tonnage Convention, no person may employ or engage any person to serve, and no person may serve, as a rating forming part of the navigational watch, except for training, unless the person serving holds an appropriate, valid STCW certificate or endorsement issued in accordance with part 12 of this chapter. (c) After January 31, 2002, on board a seagoing vessel driven by main propulsion machinery of 750 kW [1,000 hp] propulsion power or more, no person may employ or engage any person to serve, and no person may serve, in a rating forming part of a watch in a manned engine-room, nor may any person be designated to perform duties in a periodically unmanned engine-
room, except for training or for the performance of duties of an unskilled nature, unless the person serving holds an appropriate, valid STCW certificate or endorsement issued in accordance with part 12 of this chapter. (d) You must hold documentary evidence to show you meet the requirements of §10.1105 (if licensed) or §12.35-5 (if unlicensed) 35
of this chapter if you are a master or crewmember on board a vessel that is– (1) Subject to the STCW; (2) Not a Ro-Ro passenger ship; and (3) Carrying more than 12 passengers when on an international voyage. (f) After January 31, 2002, on board a seagoing vessel required to comply with provisions of the Global Maritime Distress and Safety System (GMDSS) in Chapter IV of SOLAS, no person may employ or engage any person to serve, and no person may serve, as the master, chief mate, or officer of the navigational watch, unless the person serving holds the appropriate certificate for operator of radio in GMDSS. (g) On board a seagoing vessel required to comply with provisions of the GMDSS in Chapter IV of SOLAS, no person may employ or engage any person to serve, and no person may serve, as the person designated to maintain GMDSS equipment at sea, when the service of a person so designated is used to meet the maintenance requirements of SOLAS Regulation IV/15, which allows for capability of at-sea electronic maintenance to ensure that radio equipment is available for radio communication, unless the person so serving holds documentary evidence that he or she is competent to maintain GMDSS equipment at sea. (h) After January 31, 2002, on board a seagoing vessel fitted with an Automatic Radar Plotting Aid (ARPA), no person may employ or engage any person to serve, and no person may serve, as the master, chief mate, or officer of the navigational watch, unless the person so serving has been trained in the use of ARPA in accordance with §10.205 or §10.209 of this chapter, whichever is appropriate. [67 FR 66063, Oct. 30, 2002] §15.1105 Familiarization And Basic Safety-Training. (a) After January 31, 1997, on board a seagoing vessel, no person may assign any person to perform shipboard duties, and no person may perform those duties, unless the person performing them has received– (1) Training in personal survival techniques as set out in the standard of competence under STCW Regulation VI/1; or (2) Sufficient familiarization training or instruction that he or she– (2)(i) Can communicate with other persons on board about elementary safety matters and understand informational symbols, signs, and alarm signals concerning safety; (2)(ii) Knows what to do if a person falls overboard; if fire or smoke is detected; or if the firm alarm or abandon-ship alarm sounds; (2)(iii) Can identify stations for muster and embarkation, and emergency-escape routes; (2)(iv) Can locate and don life-jackets; (2)(v) Can raise the alarm and knows the use of portable fire extinguishers; (2)(vi) Can take immediate action upon encountering an accident or other medical emergency before seeking further medical assistance on board; and (2)(vii) Can close and open the fire doors, weather-tight doors, and watertight doors fitted in the vessel other than those for hull openings. (b) After January 31, 1997, on board a seagoing vessel, no person may assign a shipboard duty or responsibility to any person who is serving in a position that must be filled as part of the required crew complement, and no person may perform any such duty or responsibility, unless he or she is familiar with it and with all vessel's arrangements, installations, equipment, procedures, and characteristics relevant to his or her routine or emergency duties or responsibilities, in accordance with STCW Regulation I/14. (c) After January 31, 1997, on board a seagoing vessel, no person may assign a shipboard duty or responsibility to any person who is serving in a position that must be filled as part of the required crew complement or who is assigned a responsibility on the muster list, and no person may perform any such duty or responsibility, unless the person performing it can produce evidence of having– (1) Received appropriate approved basic safety training or instruction as set out in the standards of competence under STCW Regulation VI/1, with respect to personal survival techniques, fire prevention and fire-fighting, elementary first aid, and personal safety and social responsibilities; and (2) Achieved or, if training has been completed, maintained competence within the last 5 years, in accordance with STCW regulation VI/1. (d) Subject to training requirements that may apply for issue or renewal of a license or document under part 10 or 12 of this chapter, a person who is serving on a seagoing vessel immediately before February 1, 1997, and has not received training or instruction in basic safety training, may continue to serve until February 1, 2002, without receiving such training or instruction, if he or she can produce evidence of having participated in well-organized drills and other structured exercises or in on-board safety-training programs during which his or her performance was evaluated and weaknesses were brought to his or her attention. (e) Fish-processing vessels in compliance with the provisions of 46 CFR part 28 on instructions, drills, and safety orientation are deemed to be in compliance with the requirements of this section on familiarization and basic safety-training. §15.1107 Maintenance Of Merchant Mariners' Records By Owner Or Operator. Each owner or operator of a U.S.-documented seagoing vessel shall ensure that procedures are in place, in respect of each merchant mariner holding a license or merchant mariner's document and serving on any such vessel, to ensure that the following information is maintained throughout his or her service, and is readily accessible to those in management responsible for the safety of the vessel and for the prevention of marine pollution: (a) Medical fitness (such as results of a recent evaluation by a medical professional certifying that the mariner is physically able to perform the tasks and duties normally associated with a particular shipboard position or does not have an apparent medical condition that disqualifies him or her from the requirements of a particular shipboard position). (b) Experience and training relevant to assigned shipboard duties (i.e., record of training completed, and of relevant on-the-job experience acquired). (c) Competency in assigned shipboard duties (evidenced by copies of current licenses, documents, or endorsements that the mariner holds, as well as by a record of the most recent basic safety assessment and by instances where ship-specific familiarization has been achieved and maintained). §15.1109 Watches. 36
Each master of a vessel that operates beyond the Boundary Line shall ensure observance of the principles concerning watchkeeping set out in STCW Regulation VIII/2 and section A-
VIII/2 of the STCW Code. §15.1111 Work Hours And Rest Periods. (a) After January 31, 1997, each person assigned duty as officer in charge of a navigational or engineering watch, or duty as a rating forming part of a navigational or engineering watch, on board any vessel that operates beyond the Boundary Line shall receive a minimum of 10 hours of rest in any 24-hour period. (b) The hours of rest required under paragraph (a) of this section may be divided into no more than two periods, of which one must be at least 6 hours in length. (c) The requirements of paragraphs (a) and (b) of this section need not be maintained in the case of an emergency or drill or in other overriding operational conditions. (d) The minimum period of 10 hours of rest required under paragraph (a) of this section may be reduced to not less than 6 consecutive hours as long as– (1) No reduction extends beyond 2 days; and (2) Not less than 70 hours of rest are provided each 7-day period. (e) The minimum period of rest required under paragraph (a) of this section may not be devoted to watchkeeping or other duties. (f) Watchkeeping personnel remain subject to the work-hour limits in 46 U.S.C. 8104 and to the conditions when crew members may be required to work. (g) The Master shall post watch schedules where they are easily accessible. They must cover each affected member of the crew and must take into account the rest requirements of this section as well as port rotations and changes in the vessel's itinerary. 37
Part 16 – Chemical Testing Table Of Contents Subpart A–General Sec. 16.101 Purpose Of Regulations. 16.105 Definitions Of Terms Used In This Part. 16.107 Waivers. 16.109 Public Interest Exclusion (PIE) 16.113 Chemical Drug Testing 16.115 Penalties Subpart B–Required Chemical Testing 16.203 Employer, MRO, And SAP Responsibilities. 16.240 Serious Marine Incident Testing Requirements. 16.250 Reasonable Cause Testing Requirements. Authority: 46 U.S.C. 2103, 3306, 7101, 7301, and 7701; Department of Homeland Security Delegation No. 0170.1. [SOURCE: CGD 86-067, 53 FR 47079, Nov. 21, 1988, unless otherwise noted.] [66 FR 42964, August 16, 2001] Subpart A–General §16.101 Purpose Of Regulations. (a) The regulations in this part provide a means to minimize the use of intoxicants by merchant marine personnel and to promote a drug free and safe work environment. (b) These regulations prescribe the minimum standards, procedures, and means to be used to test for the use of dangerous drugs. (c) As part of a reasonable cause drug testing program established pursuant to this part, employers may test for drugs in addition to those specified in this part only with approval granted by the Coast Guard under 49 CFR part 40 and for substances for which the Department of Health and Human Services has established an approved testing protocol and positive threshold. §16.105 Definitions Of Terms Used In This Part. Chemical test means a scientifically recognized test which analyzes an individual's breath, blood, urine, saliva, bodily fluids, or tissues for evidence of dangerous drug or alcohol use. Consortium/Third party administrator (C/TPA) means a service agent who provides or coordinates the provision of a variety of drug and alcohol testing services to employers. C/TPAs typically perform administrative tasks concerning the operation of the employers' drug and alcohol testing programs. This term includes, but is not limited to, groups of employers who join together to administer, as a single entity, the DOT drug and alcohol testing programs of its members. Crewmember means an individual who is: (a) On board a vessel acting under the authority of a license, certificate of registry, or merchant mariner's document issued under this subchapter, whether or not the individual is a member of the vessel's crew; or (b) Engaged or employed on board a vessel owned in the United States that is required by law or regulation to engage, employ, or be operated by an individual holding a license, certificate of registry, or merchant mariner's document issued under this subchapter, except the following: (1) Individuals on fish processing vessels who are primarily employed in the preparation of fish or fish products, or in a support position, and who have no duties that directly affect the safe operation of the vessel; (2) Scientific personnel on an oceanographic research vessel; (3) Individuals on industrial vessels who are industrial personnel, as defined in this chapter; and (4) Individuals not required under part 15 of this subchapter who have no duties that directly affect the safe operation of the vessel. Dangerous drug means a narcotic drug, a controlled substance, or a controlled-substance analog (as defined in section 102 of the Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802)). Drug test means a chemical test of an individual's urine for evidence of dangerous drug use. Employer means a marine employer or sponsoring organization. Fails a chemical test for dangerous drugs means that the result of a chemical test conducted in accordance with 49 CFR 40 was reported as "positive" by a Medical Review Officer because the chemical test indicated the presence of a dangerous drug at a level equal to or exceeding the levels established in 49 CFR part 40. Marine employer means the owner, managing operator, charterer, agent, master, or person in charge of a vessel, other than a recreational vessel. Medical Review Officer (MRO) means a person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer's drug testing program and evaluating medical explanations for certain drug test results. Operation means to navigate, steer, direct, manage, or sail a vessel, or to control, monitor, or maintain the vessel's main or auxiliary equipment or systems. Operation includes: (a) Determining the vessel's position, piloting, directing the vessel along a desired trackline, keeping account of the vessel's progress through the water, ordering or executing changes in course, rudder position, or speed, and maintaining a lookout; (b) Controlling, operating, monitoring, maintaining, or testing: the vessel's propulsion and steering systems; electric power generators; bilge, ballast, fire, and cargo pumps; deck machinery including winches, windlasses, and lifting equipment; lifesaving equipment and appliances; firefighting systems and equipment; and navigation and communication equipment; and (c) Mooring, anchoring, and line handling; loading or discharging of cargo or fuel; assembling or disassembling of tows; and maintaining the vessel's stability and watertight integrity. Passes a chemical test for dangerous drugs means the result of a chemical test conducted in accordance with 49 CFR part 40 is reported as "negative" by a Medical Review Officer in accordance with that part. Positive rate for random drug testing means the number of verified positive results for random drug tests conducted under this part plus the number of refusals of random drug tests required by this part, divided by the total number of random drug test results (i.e., positives, negatives, and refusals) under this part. 38
Refuse to submit means you refused to take a drug test as set out in 49 CFR 40.191. Serious marine incident means an event defined in 46 CFR 4.03-2. Service agent means any person or entity that provides services specified under this part or 49 CFR part 40 to employers and/or crewmembers in connection with DOT drug and alcohol testing requirements. This includes, but is not limited to, collectors, BATs and STTs, laboratories, MROs, substance abuse professionals, and C/ TPAs. To act as service agents, persons and organizations must meet the qualifications set forth in applicable sections of 49 CFR part 40. Service agents are not employers for purposes of this part. Sponsoring organization is any company, consortium, corporation, association, union, or other organization with which individuals serving in the marine industry, or their employers, are associated. Stand-down means the practice of temporarily removing a crewmember from the performance of safety-sensitive functions based only on a report from a laboratory to the MRO of a confirmed positive test for a drug or drug metabolite, an adulterated test, or a substituted test, before the MRO has completed verification of the test result. Substance Abuse Professional (SAP) means a person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare. Vessel owned in the United States means any vessel documented or numbered under the laws of the United States; and any vessel owned by a citizen of the United States that is not documented or numbered by any nation. [CGD 86-067, 53 FR 47079, Nov. 21, 1988; 53 FR 48367, Nov. 30, 1988, as amended by CGD 90-014, 56 FR 31033, July 8, 1991; CGD 90-053, 58 FR 31107, May 28, 1993; CGD 93-051, 59 FR 28792, June 3, 1994; 59 FR 62226, Dec. 2, 1994; CGD 91-
223, 60 FR 4525, Jan. 23, 1995; 66 FR 42964, August 16, 2001] §16.107 Waivers. (a) To obtain a waiver from 49 CFR 40.21 or from this part you must send your request for a waiver to the Commandant (G-
MOA). (b) Employers for whom compliance with this part would violate the domestic laws or policies of another country may request an exemption from the drug testing requirements of this part by submitting a written request to Commandant (G-MOA), at the address listed in §16.500(a). (c) An employer may request a waiver from the Coast Guard in order to stand-down a crewmember following the Medical Review Officer's receipt of a laboratory report of a confirmed positive test for a drug or drug metabolite, an adulterated test, or a substituted test pertaining to the crewmember. Consistent with 49 CFR 40.21, the request for a waiver must include as a minimum: Information about the organization and the proposed written company policy concerning stand-down. Specific elements required in the written waiver request are contained in 49 CFR 40.21(c). [66 FR 42964, August 16, 2001] §16.109 Public Interest Exclusion (PIE). Service agents are subject to Public Interest Exclusion (PIE) actions in accordance with 49 CFR Part 40, subpart R. The PIE is an action which excludes from participation in DOT's drug and alcohol testing program any service agent who, by serious noncompliance with this part or with 49 CFR part 40, has shown that it is not currently acting in a responsible manner. [66 FR 42964, August 16, 2001] §16.113 Chemical Drug Testing. (a) Drug testing programs required by this part must be conducted in accordance with 49 CFR part 40, Procedures for Transportation Workplace Testing Programs. This subpart summarizes the responsibilities of documented and licensed mariners, marine employers, MRO, SAP and other chemical testing service providers in 49 CFR part 40. The regulations in 49 CFR part 40 should be consulted to determine the specific procedures which must be established and utilized. Drug testing programs required by this part must use only drug testing laboratories certified by the Department of Health and Human Services (DHHS). (b) Each specimen collected in accordance with this part will be tested, as provided in 49 CFR 40.85, for the following: (1) Marijuana; (2) Cocaine; (3) Opiates; (4) Phencyclidine (PCP); and (5) Amphetamines. [66 FR 42964, August 16, 2001] §16.115 Penalties. Violation of this part is subject to the civil penalties set forth in 46 U.S.C. 2115. Any person who fails to implement or conduct, or who otherwise fails to comply with the requirements for chemical testing for dangerous drugs as prescribed under this part, is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. Each day of a continuing violation will constitute a separate violation. [66 FR 42964, August 16, 2001] Subpart B–Required Chemical Testing §16.203 Employer, MRO, And SAP Responsibilities. (a) Employers. (1) Employers must ensure that they and their crewmembers meet the requirements of this part. (2) Employers are responsible for all the actions of their officials, representatives, and agents in carrying out the requirements of this part. (3) All agreements and arrangements, written or unwritten, between and among employers and service agents concerning the implementation of DOT drug testing requirements are deemed, as a matter of law, to require compliance with all applicable provisions of this part and DOT agency drug testing regulations. Compliance with these provisions is a material term of all such agreements and arrangements. (b) Medical Review Officer (MRO). (1) Individuals performing MRO functions must meet the training requirements and follow the procedures in 49 CFR Part 40. (2) MROs may report chemical drug test results to the Coast Guard for unemployed, self-employed, or individual mariners. (c) Substance Abuse Professional (SAP). Individuals performing SAP functions must meet the training requirements and follow the procedures in 49 CFR Part 40. [66 FR 42964, August 16, 2001] §16.240 Serious Marine Incident Testing Requirements. The marine employer shall ensure that all persons directly involved in a serious marine incident are chemically tested for evidence of dangerous drugs and alcohol in accordance with the 39
requirements of 46 CFR 4.06. §16.250 Reasonable Cause Testing Requirements. (a) The marine employer shall require any crewmember engaged or employed on board a vessel owned in the United States that is required by law or regulation to engage, employ or be operated by an individual holding a license, certificate of registry, or merchant mariner's document issued under this subchapter, who is reasonably suspected of using a dangerous drug to be chemically tested for dangerous drugs. (b) The marine employer's decision to test must be based on a reasonable and articulable belief that the individual has used a dangerous drug based on direct observation of specific, contemporaneous physical, behavioral, or performance indicators of probable use. Where practicable, this belief should be based on the observation of the individual by two persons in supervisory positions. (c) When the marine employer requires testing of an individual under the provisions of this section, the individual must be informed of that fact and directed to provide a urine specimen as soon as practicable. This fact shall be entered in the vessel's official log book, if one is required. (d) If an individual refuses to provide a urine specimen when directed to do so by the employer under the provisions of this section, this fact shall be entered in the vessel's official log book, if one is required. 40
Part 30 – General Provisions Table Of Contents [NOTE: Parts 151 through 157 in 33 CFR subchapter O contain additional design, equipment, and operations requirements relating to pollution prevention for vessels that carry oil.] Subpart 30.01–Administration Sec. 30.01-1 Purpose Of Regulations. 30.01-3 Incorporation By Reference. 30.01-5 Application Of Regulations–TB/ALL. 30.01-6 Application To Vessels On An International Voyage. Subpart 30.10–Definitions 30.10-1 Definition Of Terms–TB/ALL. 30.10-2 Accommodation Space–TB/ALL. 30.10-2a Anniversary Date–TB/ALL. 30.10-3 Approved–TB/ALL. 30.10-5 Cargo–TB/ALL. 30.10-5a Cargo Area–TB/ALL. 30.10-5b Cargo Control Station–TB/ALL. 30.10-6 Cargo Handling Room–TB/ALL. 30.10-6a Category A Machinery Space–TB/ALL. 30.10-7 Certificated–TB/ALL. 30.10-9 Classification Requirements–TB/ALL. 30.10-11 Coastwise–TB/C. 30.10-13 Cofferdam–TB/ALL. 30.10-14 Combination Carrier–TB/ALL. 30.10-15 Combustible Liquid–TB/ALL. 30.10-17 Commandant–TB/ALL. 30.10-19 Coast Guard District Commander–TB/ALL. 30.10-19aControl Space–TB/ALL. 30.10-20 Deadweight Or DWT–TB/ALL. 30.10-21 Flammable Or Inflammable–TB/ALL. 30.10-22 Flammable Liquid–TB/ALL. 30.10-23 Flame Arrester–TB/ALL. 30.10-25 Flame Screen–TB/ALL. 30.10-27 Flashpoint–TB/ALL. 30.10-29 Gas Free–TB/ALL. 30.10-31 General Rules And Regulations–TB/ALL. 30.10-33 Great Lakes–TB/L. 30.10-35 Headquarters–TB/ALL. 30.10-37 Keel Laying Date–TB/ALL. 30.10-38 Lightweight–TB/ALL. 30.10-39 Liquefied Flammable Gas–TB/ALL. 30.10-41 Lakes, Bays, And Sounds–TB/B. 30.10-42 Machinery Space–TB/ALL. 30.10-43 Marine Inspector Or Inspector–TB/ALL. 30.10-45 Ocean–TB/O. 30.10-47 Officer In Charge, Marine Inspection–TB/ALL. 30.10-48 Oil Fuel–TB/ALL. 30.10-48aOil Fuel Unit–TB/ALL. 30.10-49 Permit–TB/ALL. 30.10-50 Pilot Boarding Equipment And Point Of Access. 30.10-55 Pressure Vacuum Relief Valve–TB/ALL. 30.10-57 Recognized Classification Society–TB/ALL. 30.10-59 Reid Vapor Pressure–TB/ALL. 30.10-61 Rivers–TB/R. 30.10-62 Self-Propelled Tank Vessel–TB/ALL. 30.10-62aService Spaces–TB/ALL. 30.10-63 Spark Arrester–TB/ALL. 30.10-65 Tank Barge–B/ALL. 30.10-67 Tankship–T/ALL. 30.10-69 Tank Vessel–TB/ALL. 30.10-71 Tankerman–TB/ALL. Subpart 30.15–Equivalents 30.15-1 Conditions Under Which Equivalents May Be Used– TB/ALL. Subpart 30.25–Commodities Regulated 30.25-1 Cargoes Carried In Vessels Certificated Under The Rules Of This Subchapter. 30.25-3 Benzene. Subpart 30.30–Interim Procedures For Evaluating Vessel Personnel Licensing And Certification Programs Of Foreign Countries 30.30-1 Scope And Purpose. 30.30-3 Evaluation Materials. 30.30-5 Submission Of Evaluation Materials. 30.30-7 Availability Of Materials. 30.30-9 Evaluation. 30.30-11 Determinations. Authority: 46 U.S.C. 2103, 3306, 7101, 7301, and 7701; Department of Homeland Security Delegation No. 0170.1. [SOURCE: CGFR 65-50, 30 FR 16657, Dec. 30, 1965, unless otherwise noted.] [64 FR 67170, Dec. 1, 1999; 65 FR 6494, Feb. 9, 2000; 65 FR 10943, Mar. 1, 2000; 67 FR 34756, May 15, 2002] Subpart 30.01–Administration §30.01-1 Purpose Of Regulations. (a) The rules and regulations in this subchapter are prescribed for all tank vessels in accordance with the intent of the various statutes administered by the Coast Guard and to provide for a correct and uniform administration of the vessel inspection requirements applicable to tank vessels. [CGFR 68-32, 33 FR 5712, Apr. 12, 1968] §30.01-3 Incorporation By Reference. (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 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 change in the Federal Register; and the material must be available to the public. All approved material is available for inspection at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC, and at the U.S. Coast Guard Office of Design and Engineering Standards (G-MSE), 2100 Second Street SW., Washington, DC 20593-0001, and 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 as follows: American Society for Testing and Materials (ASTM) 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. ASTM D 323-94, Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method)–30.10-22; 30.10-59 [64 FR 67170, Dec. 1, 1999; 65 FR 10943, Mar. 1, 2000] §30.01-5 Application Of Regulations–TB/ALL. [NOTE: 33 CFR subchapter O (parts 151 through 157) contains additional design, equipment, and operations requirements relating to pollution prevention for vessels that carry oil.] 41
(a) The regulations in this subchapter contain requirements for materials, design, construction, inspection, manning, and operation of tank vessels, including handling and stowage of cargo and duties of officers and crew. However, vessels certificated as passenger, cargo, and miscellaneous vessels, whose principal purpose or use is not the carriage of flammable or combustible liquid cargo in bulk, may be granted a permit to carry limited quantities of flammable or combustible liquid cargo in bulk in the grades indicated: (1) Passenger vessels: (1)(i) Grade E in an integral tank; and (1)(ii) Grade E in a portable tank, including a marine portable tank (MPT), in accordance with subpart 98.30 or 98.33 of this chapter. (2) Cargo vessels: (2)(i) Grades D and E in an integral tank; and (2)(ii) Grades D and E and certain specifically named Grade C in a portable tank, including an MPT, in accordance with subpart 98.30 or 98.33 of this chapter. (3) Miscellaneous vessels, such as cable, salvage, pile-driving and oil-drilling-rig vessels: (3)(i) Grades B, C, D, and E in a fixed independent or integral tank authorized by the Commandant; and (3)(ii) Grades D and E and certain specifically named Grade C in a portable tank, including an MPT, in accordance with subpart 98.30 or 98.33 of this chapter. (b) [Reserved] (c) The vessels and services to which each regulation applies are indicated by letters in the heading of the section or paragraph. The first letter or two letters indicate the type of vessel and the letter or letters following the oblique line indicate the waters in which such vessels may operate. These letters are described as follows: (1) "T" signifies a tankship. (2) "B" signifies a tank barge when it precedes an oblique line; or it signifies service on bays, sounds, and lakes other than the Great Lakes when it follows an oblique line. (3) "ALL" signifies service on all waters. (4) "O" signifies service on ocean waters. (5) "C" signifies services on coastwise waters. (6) "L" signifies service on Great Lakes waters. (7) "R" signifies service on river waters. (d) This subchapter is applicable to all U.S.-flag vessels indicated in Column 2 of Table 30.01-5(d), 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. 42
43
44
45
46
47
(e) This subchapter shall be applicable to all foreign flag vessels carrying combustible or flammable liquid cargo in bulk while in the navigable waters over which the United States has jurisdiction, except that: (1) A vessel of a foreign nation signatory to the International Convention for Safety of Life at Sea, 1974, which has on board a current valid Safety Equipment Certificate, or a vessel of a foreign nation having inspection laws approximating those of the United States, together with reciprocal inspection arrangements with the United States and which has on board a current valid certificate of inspection issued by its government under such arrangements, in either case, shall be subject only to the requirements of §35.01-1 and the safety and cargo handling requirements in subparts 35.30 and 35.35 of this subchapter. In addition, these vessels shall report marine casualties occurring while they are in the navigable waters of the United States as required by subpart 35.15. (2) A foreign flag vessel, except a public vessel, which operates on or enters the navigable waters of the United States, or which transfers oil in any port or place subject to the jurisdiction of the United States, must comply with the provisions of §31.10-21a and subparts 32.53, 32.59 and 34.05 of this chapter, as applicable. (f) Notwithstanding the exceptions previously noted in paragraph (e) of this section, foreign vessels of novel design or construction, or whose operation involves potential unusual risks, shall be subject to inspection to the extent necessary to safeguard life and property in United States ports, as further provided by §2.01-13 of subchapter A (Procedures applicable to the Public) of this chapter. (g) Manned barges carrying any of the cargoes listed in Table 30.25-1 will be considered individually by the Commandant and may be required to comply with the requirements of subchapter O of this chapter, as applicable, as well as the requirements of this subchapter. (h) Subpart 30.30 contains procedures for evaluating vessel personnel licensing and certification programs of foreign countries which license or certificate personnel serving on tank vessels that enter or operate in U.S. navigable waters and ports. [67 FR 34756, May 15, 2002] §30.01-6 Application To Vessels On An International Voyage. (a) Except as provided in paragraphs (b), (c), and (d) of this section, the regulations in this subchapter that apply to a vessel on an international voyage apply to a vessel that: (1) Is mechanically propelled and of at least 500 gross tons; and (2) Is engaged on a voyage: (2)(i) From a country to which the International Convention for Safety of Life at Sea, 1974 (SOLAS 74) applies, to a port outside that country or the reverse; (2)(ii) From any territory, including the Commonwealth of Puerto Rico, all possessions of the United States, and all lands held by the United States under a protectorate or mandate, whose international relations are the responsibility of a contracting SOLAS 74 government, or which is administered by the United Nations, to a port outside that territory or the reverse; or (2)(iii) Between the contiguous states of the United States and the states of Hawaii or Alaska or between the states of Hawaii and Alaska. (b) The regulations that apply to a vessel on an international voyage in this subchapter do not apply to ships engaged on a voyage solely on 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; (c) The Commandant or his authorized representative may exempt any vessel on an international voyage from the requirements of this subchapter if the vessel: (1) Makes a single international voyage in exceptional circumstances; and (2) Meets safety requirements prescribed for the voyage by the Commandant. 48
(d) The Commandant or his authorized representative may exempt any vessel from the construction requirements of this subchapter if the vessel does not proceed more than 20 nautical miles from the nearest land in the course of its voyage. [CGD 72-131R, 38 FR 29320, Oct. 24, 1973, as amended by CGD 80-123, 45 FR 64586, Sept. 30, 1980; CGD 90-008, 55 FR 30660, July 26, 1990; CGD 84-069, 61 FR 25286, May 20, 1996; 66 FR 48617, Sept. 21, 2001] Subpart 30.10–Definitions §30.10-1 Definition Of Terms–TB/ALL. Certain terms used in the regulations in this subchapter are defined in this subpart. §30.10-2 Accommodation Space–TB/ALL. The term accommodation space means any public space such as a hall, dining room, mess room, lounge, corridor, lavatory, cabin, office, hospital, cinema, game and hobby room, pantry that contains no cooking appliances, and a similar space open to the passengers and crew. [CGD 74-127, 41 FR 3842, Jan. 26, 1976] §30.10-2a Anniversary Date–TB/ALL. The term anniversary date means the day and the month of each year, which corresponds to the date of expiration of the Certificate of Inspection. [65 FR 6494, Feb. 9, 2000] §30.10-3 Approved–TB/ALL. The term approved means approved by the Commandant unless otherwise stated. §30.10-5 Cargo–TB/ALL. The term cargo means combustible liquid, flammable liquid, or liquefied flammable gas unless otherwise stated. §30.10-5a Cargo Area–TB/ALL. The term cargo area means that part of a vessel that includes the cargo tanks and other tanks into which cargo or cargo vapors are intentionally introduced, holds containing these tanks, all intervening space within, between, below, or outboard of these tanks or holds, and the deck area over the length and beam of the vessel above these tanks, holds, or spaces. [CGD 74-127, 41 FR 3842, Jan. 26, 1976] §30.10-5b Cargo Control Station–TB/ALL. The term cargo control station means a location that is manned during cargo transfer operations for the purpose of directing or controlling the loading or unloading of cargo. [CGD 74-127, 41 FR 3842, Jan. 26, 1976] §30.10-6 Cargo Handling Room–TB/ALL. The term cargo handling room means any enclosed space where cargo is pumped, compressed, or processed. Examples of cargo handling rooms are pump rooms, compressor rooms, and cargo valve rooms. [CGFR 68-65, 33 FR 19983, Dec. 28, 1968] §30.10-6a Category A Machinery Space–TB/ALL. The term Category A machinery space means any space and trunks and ducts to such a space that contains: (a) Internal combustion machinery used for main propulsion; (b) Internal combustion machinery used for purposes other than main propulsion where the total aggregate power is at least 500 brake horsepower; (c) Internal combustion machinery that uses a fuel that has a flash point of less than 43.3°C (110°F); or (d) One or more oil fired boilers or oil fuel units. [CGD 74-127, 41 FR 3842, Jan. 26, 1976] §30.10-7 Certificated–TB/ALL. The term certificated when applied to tank vessels refers to a vessel covered by a certificate of inspection issued by the Coast Guard; when applied to men employed on tank vessels, the term refers to a certificate of ability issued by the Coast Guard. §30.10-9 Classification Requirements–TB/ALL. The term classification requirements means applicable rules and supplementary requirements of the American Bureau of Shipping, or other recognized classification society. §30.10-11 Coastwise–TB/C. Under this designation shall be included all tank vessels normally navigating the waters of any ocean or the Gulf of Mexico 20 nautical miles or less offshore. §30.10-13 Cofferdam–TB/ALL. The term cofferdam means a void or empty space separating two or more compartments for the purpose of isolation or to prevent the contents of one compartment from entering another in the event of the failure of the walls of one to retain their tightness. §30.10-14 Combination Carrier–TB/ALL. The term combination carrier means a tank vessel designed to carry alternatively liquid and solid cargoes in bulk. [CGD 74-127, 41 FR 3843, Jan. 26, 1976] §30.10-15 Combustible Liquid–TB/ALL. The term combustible liquid means any liquid having a flashpoint above 80°F. (as determined from an open-cup tester, as used for test of burning oils). In the regulations of this subchapter, combustible liquids are referred to by grades, as follows: (a) Grade D. Any combustible liquid having a flashpoint below 150°F. and above 80°F. (b) Grade E. Any combustible liquid having a flashpoint of 150°F. or above. [CGFR 65-50, 30 FR 16657, Dec. 30, 1965, as amended by CGD 73-96, 42 FR 49023, Sept. 26, 1977] §30.10-17 Commandant–TB/ALL. The term Commandant means the Commandant of the Coast Guard. §30.10-19 Coast Guard District Commander–TB/ALL. The term 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 district which include the enforcement and administration of Subtitle II, Title 46, U.S. Code, Title 46 and Title 33, U.S. Code, and regulations issued under these statutes. [CGFR 65-50, 30 FR 16657, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51197, Sept. 30, 1997] §30.10-19a Control Space–TB/ALL. The term control space means an enclosed space in which is located a ship's radio, main navigating equipment, or emergency source of power or in which is located centralized fire recording or fire control equipment, but not including firefighting apparatus that must be located in the cargo area or individual pieces of firefighting equipment. 49
[CGD 74-127, 41 FR 3843, Jan. 26, 1976] §30.10-20 Deadweight Or DWT–TB/ALL. The term deadweight or DWT means the difference in metric tons between the lightweight displacement and the total displacement of a vessel measured in water of specific gravity 1.025 at the load waterline corresponding to the summer freeboard assigned according to 46 CFR, subchapter E. [CGD 74-127, 41 FR 3843, Jan. 26, 1976] §30.10-21 Flammable Or Inflammable–TB/ALL. The words flammable and inflammable are interchangeable or synonymous terms for the purpose of the regulations in this subchapter. §30.10-22 Flammable Liquid–TB/ALL. The term flammable liquid means any liquid which gives off flammable vapors (as determined by flashpoint from an open-cup tester, as used for test of burning oils) at or below a temperature of 80°F. Flammable liquids are referred to by grades as follows: (a) Grade A. Any flammable liquid having a Reid
1
vapor pressure of 14 pounds or more. (b) Grade B. Any flammable liquid having a Reid
1
vapor pressure under 14 pounds and over 8 1/2 pounds. (c) Grade C. Any flammable liquid having a Reid
1
vapor pressure of 8 1/2 pounds or less and a flashpoint of 80°F. or below. [
1
American Society for Testing Materials Standard D 323 (incorporated by reference, see §30.01-3), Method of Test for Vapor Pressure of Petroleum Products (Reid Method).] [CGFR 65-50, 30 FR 16657, Dec. 30, 1965, as amended by CGD 73-96, 42 FR 49023, Sept. 26, 1977; 65 FR 58455, Sept. 29, 2000] §30.10-23 Flame Arrester–TB/ALL. The term flame arrester means any device or assembly of a cellular, tubular, pressure, or other type used for preventing the passage of flames into enclosed spaces. §30.10-25 Flame Screen–TB/ALL. The term flame screen means a fitted single screen of corrosion-
resistant wire of at least 30 by 30 mesh, or two fitted screens, both of corrosion-resistant wire, of at least 20 by 20 mesh, spaced not less than 1/2 inch or more than 1 1/2 inches apart. §30.10-27 Flashpoint–TB/ALL. The term flashpoint indicates the temperature in degrees Fahrenheit at which a liquid gives off a flammable vapor when heated in an open-cup tester. For the purpose of the regulations in this subchapter, flashpoints determined by other testing methods will be equivalent to those determined with an open-cup tester, as follows: TABLE 30.10-27 – EQUIVALENT FLASHPOINTS [In degrees Farenheit] Open-cup Tester Tag closed-cup tester (A.S.T.M) Pensky-Martens Closed tester (A.S.T.M) 80 75 150 140 §30.10-29 Gas Free–TB/ALL. The term gas free means free from dangerous concentrations of flammable or toxic gases. §30.10-31 General Rules And Regulations–TB/ALL. The term general rules and regulations means the requirements contained in this chapter. §30.10-33 Great Lakes–TB/L. Under this designation shall be included all tank vessels navigating the Great Lakes. §30.10-35 Headquarters–TB/ALL. The term Headquarters means the Office of the Commandant, U.S. Coast Guard, Washington, DC 20593-0001. [CGFR 65-50, 30 FR 16657, Dec. 30, 1965, as amended by CGFR 68-32, 33 FR 5712, Apr. 12, 1968; CGD 88-070, 53 FR 34533, Sept. 7, 1988] §30.10-37 Keel Laying Date–TB/ALL. The term keel laying date means the date upon which progressive construction identifiable with a specific vessel begins, including construction of the first module or prefabricated section of the hull that is identifiable with that vessel. [CGD 74-127, 41 FR 3843, Jan. 26, 1976] §30.10-38 Lightweight–TB/ALL. The term lightweight means the displacement of a vessel in metric tons without cargo, oil fuel, lubricating oil, ballast water, fresh water, feedwater in tanks, consumable stores, and persons and their effects. [CGD 74-127, 41 FR 3843, Jan. 26, 1976] §30.10-39 Liquefied Flammable Gas–TB/ALL. The term liquefied flammable gas means any flammable gas having a Reid vapor pressure exceeding 40 pounds, which has been liquefied. [CGFR 66-33, 31 FR 15267, Dec. 6, 1966] §30.10-41 Lakes, Bays, And Sounds–TB/B. Under this designation shall be included all tank vessels navigating the waters of any of the lakes, bays, or sounds other than the waters of the Great Lakes. §30.10-42 Machinery Space–TB/ALL. The term machinery space means any space that contains machinery and related equipment including Category A machinery spaces, propelling machinery, boilers, oil fuel units, steam and internal combustion engines, generators and centralized electrical machinery, oil filling stations, refrigeration, stabilizing, ventilation, and air conditioning machinery, and similar spaces and trunks to such spaces. [CGD 74-127, 41 FR 3843, Jan. 26, 1976] §30.10-43 Marine Inspector Or Inspector–TB/ALL. The terms marine inspector or inspector mean any person from the civilian or military branch of the Coast Guard assigned under the superintendence and direction of an Officer in Charge, Marine Inspection, or any other person as may be designated for the performance of duties with respect to the enforcement and administration of Subtitle II, Title 46, U.S. Code, Title 46 and Title 33, U.S. Code, and regulations issued under these statutes. [CGFR 65-50, 30 FR 16657, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 11597, Sept. 30, 1997; USCG-1998-4442, 63 FR 52190, Sept. 30, 1998] §30.10-45 Ocean–TB/O. Under this designation shall be included all tank vessels normally navigating the waters of any ocean or the Gulf of Mexico more than 20 nautical miles offshore. §30.10-47 Officer In Charge, Marine Inspection–TB/ALL. The term Officer in Charge, Marine Inspection, means any person from the civilian or military branch of the Coast Guard designated as such by the Commandant and who under the 50
superintendence and direction of the Coast Guard District Commander is in charge of an inspection zone for the performance of duties with respect to the enforcement and administration of Subtitle II, Title 46, U.S. Code, Title 46 and Title 33, U.S. Code, and regulations issued under these statutes. [CGFR 65-50, 30 FR 16657, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51197, Sept. 30, 1997] §30.10-48 Oil Fuel–TB/ALL. The term oil fuel means oil used as fuel for machinery in the vessel in which it is carried. [CGD 74-127, 41 FR 3843, Jan. 26, 1976] §30.10-48a Oil Fuel Unit–TB/ALL. The term oil fuel unit means the equipment used for the preparation of oil fuel for delivery to an oil fired boiler, the equipment used for the preparation of heated oil fuel for delivery to an internal combustion engine, and any oil fuel pressure pump, filter, and heater that deals with oil at a pressure of more than 1.8 kilograms per square centimeter (25 p.s.i.) gauge. [CGD 74-127, 41 FR 3843, Jan. 26, 1976] §30.10-49 Permit–TB/ALL. The term permit refers to endorsement on the certificate of inspection, authorizing the presence on board of liquid flammable or combustible cargoes in bulk, issued by an Officer in Charge, Marine Inspection, for a tank vessel which is found to be in substantial compliance with the regulations in this subchapter. §30.10-50 Pilot Boarding Equipment And Point Of Access. (a) Pilot boarding equipment means a pilot ladder, accommodation ladder, pilot hoist, or combination of them as required by this subchapter. (b) Point of access means the place on deck of a vessel where a person steps onto or off of pilot boarding equipment. [CGD 79-032, 49 FR 25455, June 21, 1984] §30.10-55 Pressure Vacuum Relief Valve–TB/ALL. The term pressure vacuum relief valve means any device or assembly of a mechanical, liquid, weight, or other type used for the automatic regulation of pressure or vacuum in enclosed places. §30.10-57 Recognized Classification Society–TB/ALL. The term recognized classification society means the American Bureau of Shipping or other classification society recognized by the Commandant. §30.10-59 Reid Vapor Pressure–TB/ALL. The term Reid vapor pressure means the vapor pressure of a liquid at a temperature of 100°F., expressed in pounds per square inch absolute, as determined by the Reid Method as described in the American Society for Testing Materials Standard D 323 (incorporated by reference, see §30.01-3), Method of Test for Vapor Pressure of Petroleum Products. This Standard is available at Headquarters for reading purposes or it may be purchased from the Society at 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. [65 FR 58455, Sept. 29, 2000] §30.10-61 Rivers–TB/R. Under this designation shall be included all tank vessels whose navigation is restricted to rivers and/or to canals, exclusively. §30.10-62 Self-Propelled Tank Vessel–TB/ALL. Self-propelled tank vessel means a self-propelled tank vessel other than a tankship. [CGD 79-116, 62 FR 25135, May 8, 1997] §30.10-62a Service Spaces–TB/ALL. Service spaces are spaces that are used for galleys, pantries containing cooking appliances, lockers, storerooms, paint and lamp rooms and similar spaces that contain highly combustible materials, laundries, garbage and trash disposal and stowage rooms, workshops other than those forming part of the machinery spaces, and similar spaces and trunks to such spaces. [CGD 74-127, 41 FR 3843, Jan. 26, 1976] §30.10-63 Spark Arrester–TB/ALL. The term spark arrester means any device, assembly, or method of a mechanical, centrifugal, cooling, or other type and of a size suitable for the retention or quenching of sparks in exhaust pipes from internal combustion engines. §30.10-65 Tank Barge–B/ALL. The term tank barge means a nonself-propelled tank vessel. [CGD 79-116, 62 FR 25135, May 8, 1997] §30.10-67 Tankship–T/ALL. The term tankship means a self-propelled tank vessel constructed or adapted primarily to carry oil or hazardous material in bulk in the cargo spaces. [CGD 79-116, 62 FR 25135, May 8, 1997] §30.10-69 Tank Vessel–TB/ALL. The term tank vessel means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that– (a) Is a vessel of the United States; (b) Operates on the navigable waters of the United States; or (c) Transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States. [CGD 79-116, 62 FR 25135, May 8, 1997] §30.10-71 Tankerman–TB/ALL. The following ratings are established in part 13 of this chapter. The terms for the ratings identify persons holding valid merchant mariners' documents for service in the ratings issued under that part: (a) Tankerman-PIC. (b) Tankerman-PIC (Barge). (c) Restricted Tankerman-PIC. (d) Restricted Tankerman-PIC (Barge). (e) Tankerman-Assistant. (f) Tankerman-Engineer. [CGD 79-116, 60 FR 17155, Apr. 4, 1995] Subpart 30.15–Equivalents §30.15-1 Conditions Under Which Equivalents May Be Used–
TB/ALL. (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 therefore 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. 51
(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 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. Subpart 30.25–Commodities Regulated §30.25-1 Cargoes Carried In Vessels Certificated Under The Rules Of This Subchapter. The cargoes listed in Table 30.25-1 are flammable or combustible and when transported in bulk must be in vessels certificated under the rules of this subchapter. A mixture or blend of two or more cargoes appearing in Table 30.25-1 may be transported under the provisions of this subchapter. A category A, B, or C noxious liquid substance (NLS) cargo, as defined in §153.2 of this chapter, that is listed in Table 30.25-1 and any mixture containing one or more category A, B, or C NLS cargoes listed in Table 30.25-1 may be carried in bulk under this subchapter if the vessel is not regulated under part 153 of this chapter. If the vessel is regulated under §153.1 of this chapter, category A, B, and C NLS cargoes must be carried under part 153, or, as an alternative in the case of category C oil-like NLS, under 33 CFR part 151. Requirements for category D NLS cargoes and mixtures of non-
NLS cargoes with category D NLS cargoes are in 33 CFR part 151. 52
53
54
55
56
57
58
[CGD 81-101, 53 FR 28972, Aug. 1, 1988, as amended by CGD 88-100, 54 FR 40009, Sept. 29, 1989; CGD 88-100, 55 FR 17276, Apr. 24, 1990; CGD 88-040, 56 FR 52122, Oct. 17, 1991; CGD 92-100, 59 FR 17005, Apr. 11, 1994; CGD 94-900, 59 FR 45135, Aug. 31, 1994; CGD 94-902, 60 FR 34042, 34045, June 29, 1995; CGD 95-900, 60 FR 39267, Aug. 2, 1995; 65 FR 67136, Nov. 8, 2000] §30.25-3 Benzene. The provisions contained in 46 CFR part 197, subpart C, apply to liquid cargoes containing 0.5% or more benzene by volume. [CGD 88-040, 56 FR 65006, Dec. 13, 1991] Subpart 30.30–Interim Procedures For Evaluating Vessel Personnel Licensing And Certification Programs Of Foreign Countries [SOURCE: CGD 79-081a, 45 FR 23427, Apr. 7, 1980, unless otherwise noted.] §30.30-1 Scope And Purpose. (a) This subpart contains procedures for evaluating vessel personnel licensing and certification programs of foreign countries. Evaluations are done for countries which license or certificate personnel serving on tank vessels that enter or operate in U.S. navigable waters and ports. (b) The purpose of each evaluation is to determine whether a foreign licensing and certification program has standards that are comparable to or more stringent than U.S. standards. (c) A determination that licensing and certification standards of a foreign country are not comparable to or more stringent than U.S. standards will subject tank vessels manned with officers licensed by that country to the prohibition in 33 U.S.C. 1228(a)(5) on operation with those officers in U.S. navigable waters and ports. §30.30-3 Evaluation Materials. The materials to be submitted for evaluation must include the English text of the following: (a) All laws, decrees, orders, and regulations relating to manning, training, qualification, and watchkeeping of personnel on tank vessels engaged in foreign trade. (b) A copy of each type of license and certificate issued by the country to tank vessel personnel. §30.30-5 Submission Of Evaluation Materials. (a) The evaluation materials listed in §30.30-3 should be sent to Commandant (G-MOC), U.S. Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC 20593. The materials should include the name and address of the person to whom correspondence concerning the evaluation can be sent. (b) Updated materials may be submitted at any time during the evaluation process. [CGD 79-081a, 45 FR 23427, Apr. 7, 1980, as amended by CGD 95-072, 60 FR 50461, Sept. 29, 1995; CGD 96-041, 61 FR 50726, Sept. 27, 1996] §30.30-7 Availability Of Materials. Evaluation materials submitted in accordance with this subpart will be available for inspection and copying between 7:30 a.m. and 4:30 p.m., Monday through Thursday, except holidays, at Coast Guard Headquarters, room 1104, 2100 Second Street, SW., Washington, DC 20593. Telephone: (202) 372-1251. [CGD 79-081a, 45 FR 23427, Apr. 7, 1980, as amended by CGD 95-072, 60 FR 50461, Sept. 29, 1995] §30.30-9 Evaluation. Materials submitted in accordance with this subpart will be 59
evaluated by comparison to the regulations in parts 5, 10, and 13 of this chapter, and by comparison to the U.S. laws referenced in those regulations. [CGD79-081a, 45 FR 23427, Apr. 7, 1980, as amended by CGD 97-057, 62 FR 51043, Sept. 30, 1997] §30.30-11 Determinations. (a) After evaluation of materials submitted in accordance with this subpart, a determination will be made as to whether the licensing and certification program described by the materials has standards that are comparable to or more stringent than standards set by the regulations and laws referenced in §30.30-9. (b) Notice of each determination made in accordance with this section and a brief explanation of reasons therefore will be published in the FEDERAL REGISTER. A copy of this notice will also be sent to the person whose name is provided in accordance with §30.30-5. (c) Each determination remains in effect for 5 years unless sooner cancelled. (d) Any request to reconsider a determination must be submitted to the address listed in §30.30-5 and must include a statement of reasons in support. The person submitting the request will be notified in writing of the action taken. 60
Part 31 – Inspection And Certification
Table Of Contents Subpart 31.01–General Sec. 31.01-1 Inspections Required–TB/ALL. 31.01-10 Authority Of Marine Inspectors—TB/ALL. Subpart 31.10—Inspections 31.10-18 Firefighting Equipment: General–TB/ALL. 31.10-18aLiquefied Gas Vessels: Additional Firefighting Equipment Inspections. 31.10-19 All Firefighting Equipment May Be Tested–TB/ALL. 31.10-21aPeriodic Gauging Of Tank Vessel Midbodies More Than 30 Years Old That Carry Certain Oil Cargoes–TB/ALL. 31.10-32 Loading Information-TB/ALL. Subpart 31.40–Certificates Under International Convention For Safety Of Life At Sea, 1974 31.40-1 Application–T/ALL. 31.40-5 Cargo Ship Safety Construction Certificate–T/ALL. 31.40-10 Cargo Ship Safety Equipment Certificate–T/ALL. 31.40-15 Cargo Ship Safety Radio Certificate–T/ALL. 31.40-25 Exemption Certificate–T/ALL. 31.40-30 Safety Management Certificate–T/ALL. 31.40-35 Availability Of Certificates–T/ALL. 31.40-40 Duration Of Convention Certificates–T/ALL. 31.40-45 American Bureau Of Shipping–T/ALL. Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307, 3703; 46 U.S.C. Chapter 701; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security Delegation No. 0170.1. Section 31.10-21 also issued under the authority of Sect. 4109, Pub. L. 101-380, 104 Stat. 515. [SOURCE: CGFR 65-50, 30 FR 16662, Dec. 30, 1965, unless otherwise noted.] [65 FR 6494, Feb. 9, 2000] Subpart 31.01–General §31.01-1 Inspections Required–TB/ALL. (a) Every tank vessel subject to the regulations in this subchapter shall be inspected every 5 years or more often, if necessary, by the Coast Guard to see that the hull, boilers, machinery, equipment, apparatus for storage, and appliances of the vessel comply with marine inspection laws, and the regulations in this subchapter, and when applicable, subchapters E, F, J, O, Q, S, and W of this chapter and 33 CFR parts 155 and 157. (b) Tank vessels which are laid up, dismantled, and out of commission are exempt from inspections required by law or regulations in this subchapter, provided that such vessels are cleaned of all cargo residue and maintained in a gas free condition. (c) For inspection and tests of tanks containing certain dangerous cargoes in bulk, see part 98 and subchapter O of this chapter. [CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGFR 70-10, 35 FR 3709, Feb. 25, 1970; CGD 80-009, 48 FR 36458, Aug. 11, 1983; CGD 79-023, 48 FR 51006, Nov. 4, 1983; CGD 84-069, 61 FR 25286, May 20, 1996; CGD 97-057, 62 FR 51043, Sept. 30, 1997; 65 FR 6494, Feb. 9, 2000] §31.01-10 Authority Of Marine Inspectors–TB/ALL. Inspectors may at any time lawfully inspect any tank vessel. Subpart 31.10—Inspections §31.10-18 Firefighting Equipment: General–TB/ALL. (a) It shall be the duty of the owner, master, or person in charge of a tank vessel to require and have performed at least once in every 12 months, the tests and inspections of all hand portable fire extinguishers, semiportable fire extinguishing systems, and fixed fire extinguishing systems on board, as described in paragraphs (b), (c), and (d) of this section. The owner, master, or person in charge shall keep records of such tests and inspections showing the dates when performed, the number and/or other identification of each unit tested and inspected, and the name(s) of the person(s) and/or company conducting the tests and inspections. Such records shall be made available to the marine inspector upon request and shall be kept for the period of validity of the vessel's current certificate of inspection. Where practicable, these records should be kept in or with the vessel's logbook. The conduct of these tests and inspections does not relieve the owner, master, or person in charge of his responsibility to maintain this firefighting equipment in proper condition at all times. (b) The following tests and inspections of portable fire extinguishing equipment shall be made: TABLE 31.10-18(b) Type Unit Test Soda Acid Discharge. Clean hose and inside of extinguisher thoroughly. Recharge. Foam Discharge. Clean hose and inside of extinguisher thoroughly. Recharge. Pump tank (water or antifreeze). Discharge. Clean hose and inside of extinguisher thoroughly. Recharge with clean water or antifreeze. Cartridge operated (water, antifreeze or loaded steam). Examine pressure cartridge and replace if end is punctured or if cartridge is otherwise determined to have leaked or to be in unsuitable condition. Remove liquid, clean hose and inside of extinguisher throroughly. Recharge with clean water, solution, or antifreeze. Insert charged cartridge. Stored pressure (water, antifreeze, or loaded stream). See that pressure gage is in operating range. If not, or if seal is broken, weigh or otherwise determine that full charge is in extinguisher. Recharge if pressure is low or if extinguishing agent is needed. Carbon dioxide Weigh cylinders. Recharge if weight loss exceeds 10 percent if weight of charge. Inspect hose and nozzle to be sure they are clear.
1
Type Unit Test Dry chemical (cartridge-operated type. Examine pressure cartridge and replace if end is punctured or if cartridge is otherwise determined to have leaked or to be in unsuitable condition. Inspect hose and nozzle to see if they are clear. Insert charged cartridge. Be sure dy chemical is freeflowing (not caked) and chamber contains full charge. Dry chemical (stored pressure type). See that pressure gage is in operating range. If not, or if seal is broken, weigh or otherwise determine that full charge of dry chemical is in extinguisher. Recharge if pressure is low or if dry 61
chemical is needed. Vaporizing liquid
2
(pump type). Pump a few strokes into clean pail and replace liquid. Keep water out of extinguisher or liquid. Keep extinguisher completely full of liquid. Vaporizing liquid
2
(stored pressure type). See that pressure gage is in operating range. Weigh or check liquid level to determine that full charge of liquid is in extinguisher. Recharge if pressure is low or if liquid is needed. 1 Cylinders must be tested and marked, and all flexible connections and discharge hoses of semi-portable carbon dioxide and halon extinguishers must be tested or renewed, as required by §§147.60 and 147.65 of this chapter. 2 Vaporizing-liquid type fire extinguishers containing carbon tetrachloride or chlorobromomethane or other toxic vaporizing liquids shall be removed from all vessels. (c) The following tests and inspections of fixed fire extinguishing equipment shall be made: TABLE 31.10-18(c) Type System Test Foam Systems utilizing a soda solution shall have such solution replaced. In all cases, ascertain that powder is not caked. Carbon dioxide Weigh cylinders. Recharge if weight loss exceeds 10 percent of weight of charge.
1
1
Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide and halon extinguishers must be tested or renewed, as required by §§147.60 and 147.65 of this chapter. (d) Deck foam systems shall be tested at the inspection for certification and the periodic inspection by discharging foam for approximately 15 seconds from any nozzle designated by the marine inspector. It shall not be required to deliver foam from all foam outlets, but all lines and nozzles shall be tested with water to prove them to be clear of obstruction. Before the inspection for certification and periodic inspection of deck foam systems utilizing a mechanical foam system, a representative sample of the foam liquid shall be submitted to the manufacturer who will issue a certificate indicating gravity, pH, percentage of water dilution and solid content. (e) At each inspection for certification, periodic inspection, and at such other times as considered necessary, the inspector shall determine that all fire extinguishing equipment is in suitable condition and that the tests and inspections required by paragraphs (b) through (i) of this section have been conducted. In addition, the marine inspector may require such tests as are considered necessary to determine the condition of the equipment. (f) On all fire extinguishing systems, all the piping, controls, valves, and alarms shall be checked by the marine inspector to ascertain that the system is in good operating condition. (g) The fire main system shall be operated and the pressure checked at the most remote and highest outlets by the marine inspector. All fire hose shall be subjected to a test pressure equivalent to the maximum pressure to which they may be subjected in service, but not less than 100 p.s.i. The marine inspector shall check that the hose couplings are securely fastened in accordance with the regulations of this subchapter. (h) At each inspection for certification, periodic inspection, and at such other times as considered necessary, all carbon dioxide cylinders for fixed, semiportable, and portable systems shall be examined and replaced if any corrosion is found. They shall also be checked by weighing to determine their contents, and if found to be more than 10 percent under the required contents of carbon dioxide, they shall be recharged. (i) Steam smothering lines shall be tested with at least 50 pounds per square inch of air pressure or by blowing steam through the lines at the working pressure and a survey made for detecting corrosion and defects using hammer test or such other means as may be necessary. [CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGFR 68-32, 33 FR 5712, Apr. 12, 1968; CGD 84-044, 53 FR 7748, Mar. 10, 1988; 65 FR 6494, Feb. 9, 2000] §31.10-18a Liquefied Gas Vessels: Additional Firefighting Equipment Inspections. (a) Once during each 12 month period after the month an original Certificate of Inspection is issued for a liquefied gas vessel under §31.05-1, the master shall ensure that the firefighting systems required in part 154 of this chapter for a liquefied gas vessel meets the following: (1) The exterior water spray system must past a water spray test. (2) The dry chemical system must meet the manufacturer's specifications for– (2)(i) The amount of dry chemical powder; and (2)(ii) The pressure for nitrogen bottles. (3) The piping, valves, and controls of the system must be operable. (b) On the same date that the requirements under paragraph (a) of this section are met, the master shall record in the vessel's official logbook the following information: (1) The date of the inspection. (2) The identification of each device inspected. (3) The name of the inspector. [CGD 74-289, 44 FR 26006, May 3, 1979] §31.10-19 All Firefighting Equipment May Be Tested–TB/ALL. (a) During the inspection of fire-fighting equipment, the Officer in Charge, Marine Inspection, may require fire apparatus to be tested, and used, except as provided under §§31.10-18(h) and 34.15-90(a) of this subchapter. (b) [Reserved] §31.10-21a Periodic Gauging Of Tank Vessel Midbodies More Than 30 Years Old That Carry Certain Oil Cargoes–TB/ALL. (a) As used in this section, the term "midbody" means the 40-
percent midship length (0.40L) of the tank vessel. The age of the midbody is determined from its year of original construction. (b) Midbodies of all tank vessels certificated to carry a pollution category I oil cargo listed in 46 CFR Table 30.25-1 must undergo an initial gauging survey and periodic regauging surveys as follows: (1) An initial midbody gauging survey must be accomplished no later than the next drydocking inspection after the midbody becomes 30 years old. (2) Regaugings: (2)(i) Midbodies of double hull tank vessels, or single hull tank vessels with independent tanks, that operated in fresh water at least 6 months in every 12-month period since the last drydock 62
examination must be regauged at intervals not exceeding 10 years; (2)(ii) Midbodies of all other tank vessels must be regauged at intervals not exceeding 5 years. (c) The midbody gauging survey must be comprised of at least three transverse (girth) belts of deck, bottom, side, inner hull, trunk, and longitudinal bulkhead plating and attached longitudinal members. The number and specific locations of the gauging points shall be to the satisfaction of the Officer in Charge of Marine Inspection (OCMI). (d) Except as provided in paragraph (f) of this section, within 60 days of the vessel's required compliance date the owner or operator shall submit the following to the OCMI that issued the vessel's current Certificate of Inspection: (1) The gauging survey results. (2) An engineering analysis signed by a registered Professional Engineer licensed by any state of the United States or the District of Columbia, or signed by a Coast Guard-approved organization, that– (2)(i) Certifies the vessel's compliance with the minimum section modulus and plating thickness requirements of subpart 32.59 of this chapter; or (2)(ii) Proposes structural repairs and/or modifications that will bring the vessel up to the required strength standards. (e) The vessel owner or operator shall keep a permanent copy of the Coast Guard-approved gauging report available for inspection by the OCMI. (f) Instead of the submittals required by paragraphs (c) and (d) of this section, current classification with the American Bureau of Shipping or another recognized classification society, or a load line certificate issued in accordance with the International Convention on Load Lines or the International Voyage Load Line Act, may be submitted as evidence of compliance with the requirements of this section. [CGD 91-209, 58 FR 52602, Oct. 8, 1993] §31.10-32 Loading Information–TB/ALL. (a) This section applies to each tankship and tank barge the construction of which begins on or after September 6, 1977. (b) Each tank vessel over 300 feet in length must have the loading information prescribed in either §42.15-1(a) or §45.105(a) of this chapter. For tank vessels subject to the Load Line Acts the information must be approved by the Commandant or by a recognized classification society that is approved by the Commandant. For tank vessels not subject to the Load Line Acts loading information must be approved by the Commandant. If the vessel is a tankship, the approved information must be provided to the master of the vessel. If the vessel is a tank barge, the information must be provided to the person in charge of handling the cargo during loading or off-loading of the barge. [CGD 75-041, 42 FR 28887, June 6, 1977; 42 FR 35650, July 11, 1977] Subpart 31.40–Certificates Under International Convention For Safety Of Life At Sea, 1974 §31.40-1 Application–T/ALL The provisions of this subpart shall apply to all tankships on an international voyage (See §30.01-6 of this chapter.). [CGD 95-012, 60 FR 48049, Sept. 18, 1995; 65 FR 6494, Feb. 9, 2000] §31.40-5 Cargo Ship Safety Construction Certificate–T/ALL. (a) All tankships on an international voyage are required to have a Cargo Ship Safety Construction Certificate. This certificate shall be issued by the U.S. Coast Guard or the American Bureau of Shipping to certain vessels on behalf of the United States of America as provided in Regulation 12, Chapter I, of the International Convention for Safety of Life at Sea, 1974. (b) All such tankships shall meet the applicable requirements of this chapter for tankships on an international voyage. [CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGD 90-008, 55 FR 30660, July 26, 1990] §31.40-10 Cargo Ship Safety Equipment Certificate–T/ALL. (a) All tankships on an international voyage are required to have a Cargo Ship Safety Equipment Certificate. (b) All such tankships shall meet the applicable requirements of this chapter for tankships on an international voyage. §31.40-15 Cargo Ship Safety Radio Certificate–T/ALL. Every tankship equipped with a radio installation on an international voyage must have a Cargo Ship Safety Radio Certificate. Each radio installation must meet the requirements of the Federal Communication Commission and the International Convention for Safety of Life at Sea. [OGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by USCG-1999-6216, 64 FR 53223, Oct. 1, 1999; 65 FR 6494, Feb. 9, 2000] §31.40-25 Exemption Certificate–T/ALL. (a) A tankship may be exempted by the Commandant from complying with certain requirements of the Convention under his administration upon request made in writing to him and transmitted via the Officer in Charge, Marine Inspection. (b) When an exemption is granted to a tankship by the Commandant under and in accordance with the Convention, an Exemption Certificate describing such exemption shall be issued through the appropriate Officer in Charge, Marine Inspection, in addition to other required certificates. §31.40-30 Safety Management Certificate–T/ALL. All tankships to which 33 CFR part 96 applies on an international voyage must have a valid Safety Management Certificate and a copy of their company's valid Document of Compliance certificate on board. [CGD 95-073, 62 FR 67514, Dec. 24, 1997] §31.40-35 Availability Of Certificates. The Convention certificates shall be on board the vessel and readily available for examination at all times. [65 FR 6494, Feb. 9, 2000] §31.40-40 Duration Of Convention Certificates–T/ALL. (a) The following certificates are valid for a period of not more than 60 months. (1) A Cargo Ship Safety Construction Certificate. (2) A Cargo Ship Safety Equipment Certificate. (3) A Safety Management Certificate. (4) A Cargo Ship Safety Radio Certificate. (b) An Exemption certificate must not be valid for longer than the period of the certificate to which it refers. 63
(c) A Convention certificate may be withdrawn, revoked, or suspended at any time when it is determined that the vessel is no longer in compliance with applicable requirements. (See §2.01-70 of this chapter for procedures governing appeals.) [CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGD 95-012, 60 FR 48049, Sept. 18, 1995; CGD 95-073, 62 FR 67514, Dec. 24, 1997; USCG-1999-6216, 64 FR 53223, Oct. 1, 1999; 65 FR 6494, Feb. 9, 2000] §31.40-45 American Bureau Of Shipping–T/ALL. (a) The American Bureau of Shipping, with its home office at ABS Plaza, 16855 Northchase Drive, Houston, TX 77060, is hereby designated as an organization duly authorized to issue the Cargo Ship Safety Construction Certificate to certain tankships on behalf of the United States of America as provided in Regulation 12, chapter I, of the International Convention for Safety of Life at Sea, 1974, and executive order 12234 and the certificate shall be subject to the requirements in this subpart. The American Bureau of Shipping is authorized to place the official seal of the United States of America on the certificate. This designation and delegation to the American Bureau of Shipping shall be in effect from May 26, 1965, until terminated by proper authority and notice of cancellation is published in the FEDERAL REGISTER. (b) At the option of the owner or agent of a tankship on an international voyage and on direct application to the American Bureau of Shipping, the Bureau may issue to such tankship a Cargo Ship Safety Construction Certificate, having a period of validity of not more than 60 months after ascertaining that the tankship: (1) Has met the applicable requirements of the Convention; and, (2) Is currently classed by the Bureau and classification requirements have been dealt with to the satisfaction of the Bureau. (c) When the Bureau determines that a tankship to which it has issued a Cargo Ship Safety Construction Certificate no longer complies with the Bureau's applicable requirements for classification, the Bureau shall immediately furnish to the Coast Guard all relevant information, which will be used by the Coast Guard to determine whether or not to withdraw, revoke or suspend the Cargo Ship Safety Construction Certificate. [CGFR 65-50, 30 FR 16662, Dec. 30, 1965, as amended by CGD 90-008, 55 FR 30660, July 26, 1990; CGD 96-041, 61 FR 50726, Sept. 27, 1996; 65 FR 58455, Sept. 29, 2000] 64
Part 32 – Special Equipment, Machinery, And Hull Requirements Table Of Contents Subpart 32.53–Inert Gas System 32.53-1 Application–T/ALL. 32.53-3 Exemptions. 32.53-5 Operation–T/ALL. 32.53-10 General–T/ALL. Subpart 32.59—Minimum Logitudinal Strength And Plating Thickness Requirements For Unclassed Tank Vessels That Carry Certain Oil Cargoes—TB/ALL 32.59-1 Minimum Section Modolus And Plating Thickness Requirements—TB/ALL [AUTHORITY: 46 U.S.C. 2103, 3306, 3703, 3719; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46; Subpart 32.59 also issued under the authority of Sec. 4109, Pub. L. 101-
380, 104 Stat. 515.] [SOURCE: CGFR 65-50, 30 FR 16671, Dec. 30, 1965, unless otherwise noted.][66 FR 48617, Sept. 21, 2001; 67 FR 58515, Sept. 17, 2002] Subpart 32.53–Inert Gas System [SOURCE: CGD 74-127, 41 FR 3843, Jan. 26, 1976, unless otherwise noted.] §32.53-1 Application–T/ALL. (a) Except as provided in paragraphs (b) and (c) of this section, this subpart applies to: (1) A U.S. crude oil tanker or product carrier of 100,000 DWT tons (metric) or more or combination carrier of 50,000 DWT tons (metric) or more, that has a keel laying date on or after January 1, 1975. (2) A new (as defined in 46 U.S.C. 3701) crude oil tanker or product carrier, or foreign flag crude oil tanker or product carrier of 20,000 DWT tons or more entering the navigable waters of the U.S. (3) A crude oil tanker that is equipped with a cargo tank cleaning system that uses crude oil washing. (4) An existing product carrier of 20,000 deadweight tons (metric) or more that has tank washing machines with a capacity of more than 60 cubic meters per hour after May 31, 1983. (5) Any other U.S. or foreign flag: (5)(i) Crude oil tanker or product carrier of 70,000 deadweight tons (metric) and over after May 31, 1981; (5)(ii) Crude oil tanker between 20,000 and 70,000 deadweight tons (metric) after May 31, 1983; (5)(iii) Product carrier between 40,000 and 70,000 deadweight tons (metric) after May 31, 1983. (b) This subpart does not apply to vessels designed to carry only: (1) Liquefied gas cargo; or (2) Grade E cargo that is carried at a temperature lower than 5°C below its flash point. (c) This part does not apply to vessels as stated in 46 U.S.C. 3702. [CGD 77-057a, 44 FR 66501, Nov. 19, 1979, as amended by CGD 97-057, 62 FR 51043, Sept. 30, 1997; CGD 95-028, 62 FR 51198, Sept. 30, 1997] §32.53-3 Exemptions. (a) The Assistant Commandant for Marine Safety and Environmental Protection grants exemptions for crude oil tankers of less than 40,000 deadweight tons not fitted with high capacity tank washing machines, if the vessel's owner can show that compliance would be unreasonable and impracticable due to the vessel's design characteristics. (b) Requests for exemptions must be submitted in writing to: Commandant (G-MSO), U.S. Coast Guard, Washington, DC 20593-0001. (c) Each request must be supported by documentation showing that: (1) The system would be detrimental to the safe operation of the vessel; (2) It is physically impracticable to install the system; or (3) Adequate maintenance of the system would be impossible. (d) The vessel's owner may request a conference. The exemption request file will be available for use in the conference and additional arguments or evidence in any form may be presented. The conference will be recorded. The presiding officer summarizes the material presented at the conference and submits written recommendations to the Assistant Commandant for Marine Safety and Environmental Protection. (e) The Assistant Commandant for Marine Safety and Environmental Protection reviews the exemption request file and decides whether to grant or deny the exemption. The decision shall include an explanation of the basis on which the exemption is granted or denied, and constitutes final agency action. [CGD 77-057a, 44 FR 66502, Nov. 19, 1979, as amended by CGD 82-063b, 48 FR 29486, June 27, 1983; CGD 88-070, 53 FR 34534, Sept. 7, 1988; CGD 95-072, 60 FR 50461, Sept. 29, 1995; CGD 96-041, 61 FR 50727, Sept. 27, 1996; CGD 97-057, 62 FR 51043, Sept. 30, 1997] §32.53-5 Operation–T/ALL. Unless the cargo tanks are gas free, the master of each tankship to which this subpart applies shall ensure that the inert gas system is operated as necessary to maintain an inert atmosphere in the cargo tanks. [66 FR 48617, Sept. 21, 2001] §32.53-10 General–T/ALL. (a) Each tankship to which this subpart applies must have an inert gas system that meets the requirements of this subpart and is approved in accordance with 46 CFR 50.20. (b) Each inert gas system must be designed, constructed and installed in accordance with the provisions of SOLAS II-2, regulation 62, with the following provisions: (1) Acceptable types of water seals include the wet and semiwet 65
type. Other types of seals may be accepted on a case by case basis if approval is given by the Coast Guard Marine Safety Center. (2) If a vapor collection system required to meet part 39 of this subchapter is connected to the inert gas system, the instruction manual required by SOLAS II-2, regulation 62.21 must include procedures relating to vapor collection operations. [CGD 74-127, 41 FR 3843, Jan. 26, 1976, as amended by CGD 95-028, 62 FR 51198, Sept. 30, 1997] Subpart 32.59—Minimum Logitudinal Strength And Plating Thickness Requirements For Unclassed Tank Vessels That Carry Certain Oil Cargoes—TB/ALL §32.59-1 Minimum Section Modulus And Plating Thickness Requirements–TB/ALL. (a) As used in this section, Rule means the current Rules of the American Bureau of Shipping or other recognized classification society, as appropriate for the vessel's present service and regardless of the year the vessel was constructed. (b) The requirements of this section apply to all in-service, unclassed tank vessels certificated to carry a pollution category I oil cargo listed in 46 CFR Table 30.25-1. (c) For all vessels except those limited on their Certificate of Inspection to river routes only, the minimum midship section modulus must be– (1) At least 90 percent of that required by Rule; or (2) Where there is no specific Rule requirement, at least 100 percent of that which is necessary to meet the bending moment developed under a full load condition in still water, using a permissible bending stress of 12.74 kN/cm2 (1.30 t/cm2, 8.25 Ltf/in2). (d) Within the 40-percent midship length, the average flange and web thicknesses of each longitudinal stiffener must be as follows: (1) For deck and bottom stiffeners: at least 85 percent of Rule thickness, unless a buckling analysis demonstrates that lesser thicknesses can be safely tolerated. However, the average thickness must never be less than 80 percent of Rule thickness; and (2) For side stiffeners: at least 75 percent of Rule thickness. (e) Within the 40-percent midship length, the average thickness for longitudinal strength plating must be at least as follows: (1) Weather deck: 75 percent of Rule thickness; (2) Hatch: 70 percent of Rule thickness; (3) Trunk: 75 percent of Rule thickness; (4) Sheer strake: 75 percent of Rule thickness; (5) Outer sideshell: 75 percent of Rule thickness; (6) Inner sideshell: 75 percent of Rule thickness; (7) Outer bottom; 75 percent of Rule thickness; (8) Inner bottom: 70 percent of Rule thickness; (9) Keel: 75 percent of Rule thickness; (10) Bulkheads: 75 percent of Rule thickness. [CGD 91-209, 58 FR 52602, Oct. 8, 1993] §32.90-1 Pilot Boarding Equipment. (a) This section applies to each vessel that normally embarks or disembarks a pilot from a pilot boat or other vessel. (b) Each vessel must have suitable pilot boarding equipment available for use on each side of the vessel. If a vessel has only one set of equipment, the equipment must be capable of being easily transferred to and rigged for use on either side of the vessel. (c) Pilot boarding equipment must be capable of resting firmly against the vessel's side and be secured so that it is clear from overboard discharges. (d) Each vessel must have lighting positioned to provide adequate illumination for the pilot boarding equipment and each point of access. (e) Each vessel must have a point of access that has: (1) A gateway in the rails or bulwark with adequate handholds; or (2) Two handhold stanchions and a bulwark ladder that is securely attached to the bulwark rail and deck. (f) The pilot boarding equipment required by paragraph (b) of this section must include at least one pilot ladder approved under subpart 163.003 of this chapter. Each pilot ladder must be of a single length and capable of extending from the point of access to the water's edge during each condition of loading and trim, with an adverse list of 15°. (g) Whenever the distance from the water's edge to the point of access is more than 30 feet, access from a pilot ladder to the vessel must be by way of an accommodation ladder or equally safe and convenient means. (h) Pilot hoists, if used, must be approved under subpart 163.002 of this chapter. [CGD 79-032, 49 FR 25455, June 21, 1984] 66
Part 34–Firefighting Equipment Table Of Contents Subpart 34.05–Firefighting Equipment, Where Required 34.05-1 Fire Main System–T/ALL. 34.05-5 Fire-Extinguishing Systems–T/ALL. 34.05-10 Portable And Semiportable Extinguishers–TB/ALL. 34.05-20 Fire Axes–T/ALL. Subpart 34.50–Portable And Semiportable Extinguishers 34.50-1 Application–TB/ALL. 34.50-5 Classification–TB/ALL. 34.50-10 Location–TB/ALL. 34.50-15 Spare Charges–TB/ALL. 34.50-20 Semiportable Fire Extinguishers–TB/ALL. Subpart 34.60–Fire Axes 34.60-1 Application–T/ALL. 34.60-5 Number Required–T/ALL. 34.60-10 Location–T/ALL. Authority: 46 U.S.C. 3306, 3703; 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 16694, Dec. 30, 1965, unless otherwise noted.] Subpart 34.05–Firefighting Equipment, Where Required §34.05-1 Fire Main System–T/ALL. (a) Fire pumps, piping, hydrants, hose and nozzles shall be installed on all tankships. (b) The arrangements and details of the fire main system shall be as set forth in subpart 34.10. [CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGD 77-057a, 44 FR 66502, Nov. 19, 1979] §34.05-5 Fire-Extinguishing Systems–T/ALL. (a) Approved fire extinguishing systems must be installed on all tankships in the following locations. Previously approved installations may be retained as long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. (1) Dry cargo compartments. A carbon dioxide or water spray system must be installed for the protection of all dry cargo compartments. Where such compartments are readily accessible by means of doors such spaces need be protected only by the fire main system. (2) Cargo tanks. A deck foam system must be installed for the protection of all cargo tank spaces. Where a deck foam system is installed, an approved inert gas, steam or other system may also be installed for the purposes of fire prevention or inerting of cargo tanks. For vessels under 100 feet in length, the semiportable equipment required by footnote 1 of table 34.05-5(a) will be considered as meeting the requirements of this subparagraph. (3) Lamp and paint lockers and similar spaces. A carbon dioxide or water spray system must be installed in all lamp and paint lockers, oil rooms, and similar spaces. (4) Pumprooms. A carbon dioxide, inert gas, foam or water spray system must be installed for the protection of all pumprooms. (5) Boilerrooms. On tankships contracted for on or after November 19, 1952, a carbon dioxide or foam system shall be installed for the protection of all spaces containing oil fired boilers, either main or auxiliary, their fuel oil service pumps and/or such fuel oil units as the heaters, strainers, valves, manifolds, etc., that are subject to the discharge pressure of the fuel oil service pumps. (6) Machinery spaces. A carbon dioxide system shall be installed for the protection of machinery spaces containing internal combustion propelling engines using fuel having a flashpoint of less than 110 degrees F. (7) Internal combustion installations. Fire-extinguishing systems shall be provided for internal combustion installations in accordance with the following: (7)(i) If a fire-extinguishing system is installed to protect an internal combustion installation, the system shall be of the carbon dioxide type. (7)(ii) On vessels of 1,000 gross tons and over on an international voyage, the construction or conversion of which is contracted for on or after May 26, 1965, a fixed carbon dioxide system shall be installed in all spaces containing internal combustion or gas turbine main propulsion machinery, auxiliaries with an aggregate power of 1,000 b.h.p. or greater, or their fuel oil units, including purifiers, valves, and manifolds. (7)(iii) On vessels of 1,000 gross tons and over, the construction, conversion or automation of which is contracted for on or after January 1, 1968, a fixed carbon dioxide system shall be installed in all spaces containing internal combustion or gas turbine main propulsion machinery, auxiliaries with an aggregate power of 1,000 b.h.p. or greater, or their fuel oil units, including purifiers, valves and manifolds. (8) Enclosed ventilating system. On tankships contracted for on or after January 1, 1962, where an enclosed ventilating system is installed for electric propulsion motors or generators, a carbon dioxide extinguishing system shall be installed in such system. (b) The arrangements and details of the fire-extinguishing systems shall be as set forth in subparts 34.10 through 34.20. [CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGFR 67-90, 33 FR 1015, Jan. 26, 1968; CGD 77-057a, 44 FR 66502, Nov. 19, 1979; CGD 95-027, 61 FR 25998, May 23, 1996] §34.05-10 Portable And Semiportable Extinguishers–TB/ALL. (a) All portable and semiportable extinguishers on board tank vessels shall be of an approved type. (b) The type, size, location and arrangement of portable and semiportable extinguishers shall be as set forth in subpart 34.50. [CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGFR 70-143, 35 FR 19905, Dec. 30, 1970] §34.05-20 Fire Axes–T/ALL. (a) Fire axes shall be provided on all tankships. (b) The location and arrangement of fire axes shall be as set forth in subpart 34.60. 67
Subpart 34.50–Portable And Semiportable Extinguishers §34.50-1 Application–TB/ALL. (a) The provisions of this subpart, with the exception of §34.50-
90, shall apply to all vessels contracted for on or after January 1, 1962. (b) All vessels contracted for prior to January 1, 1962, shall meet the requirements of §34.50-90. §34.50-5 Classification–TB/ALL. (a) Portable and semiportable extinguishers shall be 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) The types of fire will be designated as follows: (1) "A" for fires in ordinary combustible materials such as mattresses, piles of wood, shavings, canvas, etc., where the quenching and cooling effects of quantities of water, or solutions containing large percentages of water, are of first importance. (2) "B" for fires in combustible or flammable liquids such as gasoline, lubricating oil, diesel oil, greases, etc., where a blanketing or smothering effect is essential. (3) "C" for fires in electrical equipment where the use of non-
conducting extinguishing agent is of first importance so that electrical shock is not experienced by the firefighter. (c) The number designations for size will start with "I" for the smallest to "V" for the largest. Extinguishers which have a gross weight of 55 pounds or less when fully charged are considered portable. Extinguishers which have a gross weight of more than 55 pounds when fully charged are considered semiportable and shall be fitted with suitable hose and nozzle or other practicable means so that all portions of the space concerned may be reached. Examples of size graduations for some of the typical portable and semiportable extinguishers are set forth in Table 34.50-5(c). TABLE 34.50-5(c) Classification type (size) Soda-
acid and water (Gallons) Foam (Gallons) Carbon dioxide (Pounds) Dry chemical (Pounds) A-II 2½ 2½ B-I 1¼ 4 2 B-III 2½ 15 10 B-IV 12 35 20 B-IV 20 50 30 B-V 40 1
100 1
50 C-I 4 2 CC-II 15 10 1
For outside use, double the amount shall be carried. §34.50-10 Location–TB/ALL. (a) Approved portable and semiportable extinguishers shall be installed in accordance with Table 34.50-10(a). The location of the equipment shall be such as in the opinion of the Officer in Charge, Marine Inspection, will be most convenient in case of emergency. Where special circumstances exist, not covered by Table 34.50-
10(a), the Officer in Charge, Marine Inspection, may require such additional equipment as he deems necessary for the proper protection of the vessel. (b) For additional portable extinguishers as a substitute for sand, see §34.55-10. (c) Semiportable extinguishers shall be located in the open so as to be readily seen. (d) If portable extinguishers are not located in the open or behind glass so that they may be readily seen they may be placed in enclosures together with the fire hose, provided such enclosures are marked as required by §35.40-25 of this subchapter. (e) Portable extinguishers and their stations shall be numbered in accordance with §35.40-25 of this subchapter. (f) Hand portable or semiportable extinguishers which are required on their nameplates to be protected from freezing shall not be located where freezing temperatures may be expected. 68
69
[CGFR 65-50, 30 FR 16694, Dec. 30, 1965, as amended by CGFR 70-143, 35 FR 19905, Dec. 30, 1970; 67 FR 66069, Oct. 30, 2002] §34.50-15 Spare Charges–TB/ALL. (a) Spare charges shall be carried on all vessels for at least 50 percent of each size and each variety, i.e. foam, soda-acid, carbon dioxide, etc., of portable extinguisher required by §34.50-
10(a). However, if the unit is of such variety that it cannot be readily recharged by the vessel's personnel, one spare unit of the same classification shall be carried in lieu of spare charges for all such units of the same size and variety. This section does not apply to unmanned barges. (b) Spare charges shall be so packaged as to minimize the hazards to personnel while recharging the units. §34.50-20 Semiportable Fire Extinguishers–TB/ALL (a) The frame or support of each size III, IV, and V fire extinguisher required by Table 34.50-10(a) must be welded or otherwise permanently attached to a bulkhead or deck. (b) If a size III, IV, or V fire extinguisher has wheels and is not required by Table 34.50-10(a), it must be securely stowed when not in use to prevent it from rolling out of control under heavy sea conditions. [CGD 77-039, 44 FR 34132, June 14, 1979] Subpart 34.60–Fire Axes §34.60-1 Application–T/ALL. (a) The provisions of this subpart shall apply to all tankships. (b) [Reserved] §34.60-5 Number Required–T/ALL. (a) All tankships shall carry at least the minimum number of fire axes as set forth in Table 34.60-5(a). Nothing in this paragraph shall be construed as limiting the Officer in Charge, Marine Inspection, from requiring such additional fire axes as he deems necessary for the proper protection of the tankship. TABLE 34.60-5(a) Gross tons Number of axes Over Not over 50 1 50 200 2 200 500 3 500 1,000 4 1,000 5 (b) [Reserved] §34.60-10 Location–T/ALL. (a) Fire axes shall be distributed throughout the spaces so as to be most readily available in the event of emergency. (b) If fire axes are not located in the open, or behind glass, so that they may readily be seen, they may be placed in enclosures together with the fire hose, provided such enclosures are marked as required by §35.40-15 of this subchapter. 70
Part 35 – Operations Table Of Contents Subpart 35.01–Special Operating Requirements Sec. 35.01-1 Inspection And Testing Required When Making Alterations, Repairs, Or Other Such Operations Involving Riveting, Welding, Burning, Or Like Fire-
Producing Actions–TB/ALL. 35.01-5 Sanitary Condition And Crew Quarters–T/ALL. 35.01-10 Shipping Papers–TB/ALL. 35.01-15 Carriage Of Persons Other Than Crew–TB/ALL. 35.01-25 Sacrificial Anode Installations–TB/ALL. 35.01-35 Repairs And Alterations To Fire-Fighting Equipment–
TB/ALL. 35.01-55 Pilot Boarding Operation. 35.01-60 Person Excluded. Subpart 35.05–Officers And Crews 35.05-15 Tank Vessel Security–TB/ALL. 35.05-20 Physical Condition Of Crew–TB/ALL. 35.05-25 Illness, Alcohol, Drugs–TB/ALL. Subpart 35.07–Logbook Entries 35.07-1 Application–TB/ALL. 35.07-5 Logbooks And Records–TB/ALL. 35.07-10 Actions Required To Be Logged–TB/ALL. Subpart 35.15–Notice And Reporting Of Casualty And Voyage Records 35.15-1 Notice And Reporting Of Casualty And Voyage Records–TB/ALL. Subpart 35.20–Navigation 35.20-1 Notice To Mariners; Aids To Navigation–T/OCLB. 35.20-5 Draft Of Tankships–T/OC. 35.20-7 Verification Of Vessel Compliance With Applicable Stability Requirements–TB/ALL. 35.20-10 Steering Gear Test–T/ALL. 35.20-20 Master's And Officer's Responsibility–TB/ALL. 35.20-30 Flashing The Rays Of A Searchlight Or Other Blinding Light–T/ALL. 35.20-35 Whistling–T/ALL. 35.20-40 Maneuvering Characteristics–T/OC. 35.20-45 Use Of Auto Pilot–T/ALL. Subpart 35.25–Engine Department 35.25-1 Examination Of Boilers And Machinery By Engineer–
T/ALL. 35.25-5 Repairs Of Boilers And Unfired Pressure Vessels And Reports Of Repairs Or Accidents By Chief Engineer–
TB/ALL. 35.25-10 Requirements For Fuel Oil–T/ALL. 35.25-15 Carrying Of Excess Steam–TB/ALL. Subpart 35.30–General Safety Rules 35.30-1 Warning Signals And Signs–TB/ALL. 35.30-5 Fires, Matches, And Smoking–TB/ALL. 35.30-10 Cargo Tank Hatches, Ullage Holes, And Butterworth Plates–TB/ALL. 35.30-20 Emergency Equipment–TB/ALL. 35.30-25 Explosives–TB/ALL. 35.30-30 Portable Electrical Equipment–TB/ALL. 35.30-35 Spark Producing Devices–TB/ALL. 35.30-40 Flammable Liquid And Gas Fuels As Ship's Stores– TB/ALL. Subpart 35.35–Cargo Handling 35.35-1 Persons On Duty–TB/ALL. 35.35-5 Electric Bonding–TB/ALL. 35.35-10 Closing Of Freeing-Ports, Scuppers, And Sea Valves– TB/ALL. 35.35-15 Connecting For Cargo Transfer–TB/ALL. 35.35-20 Inspection Before Transfer Of Cargo–TB/ALL. 35.35-25 Approval To Start Transfer Of Cargo–TB/ALL. 35.35-30 "Declaration Of Inspection" For Tank Vessels–TB/ALL. 35.35-35 Duties Of Person In Charge Of Transfer–TB/ALL. 35.35-40 Conditions Under Which Transfer Operations Shall Not Be Commenced Or If Started Shall Be Discontinued–
TB/ALL. 35.35-42 Restrictions On Vessels Alongside A Tank Vessel Loading Or Unloading Cargo Of Grade A, B, Or C–
TB/ALL. 35.35-45 Auxiliary Steam, Air, Or Electric Current-B/ALL. 35.35-50 Termination Of Transfer Operations–TB/ALL. 35.35-55 Transfer Of Other Cargo Or Stores On Tank Vessels–
TB/ALL. 35.35-60 Transportation Of Other Cargo Or Stores On Tank Barges-B/ALL. 35.35-70 Maintenance Of Cargo Handling Equipment–TB/ALL. 35.35-75 Emergencies–TB/ALL. 35.35-85 Air Compressors–TB/ALL. [Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security Delegation No. 0170.1. [SOURCE: CGFR 65-50, 30 FR 16704, Dec. 30, 1965, unless otherwise noted.] Subpart 35.01–Special Operating Requirements §35.01-1 Inspection And Testing Required When Making Alterations, Repairs, Or Other Such Operations Involving Riveting, Welding, Burning, Or Like Fire-Producing Actions–
TB/ALL. (a) The provisions of "Standard for the Control of Gas Hazards on Vessels to be Repaired," NFPA No. 306, published by National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be used as a guide in conducting the inspections and issuance of certificates required by this section. (b) Until an inspection has been made to determine that such operation can be undertaken with safety, no alterations, repairs, or other such operations involving riveting, welding, burning, or like fire-producing actions shall be made: (1) Within or on the boundaries of cargo tanks which have been used to carry flammable or combustible liquid or chemicals in bulk, or within spaces adjacent to such cargo tanks; or, (2) Within or on the boundaries of fuel tanks; or, (3) To pipe lines, heating coils, pumps, fittings, or other appurtenances connected to such cargo or fuel tanks. (c) Such inspections shall be made and evidenced as follows: (1) In ports or places in the United States or its territories and possessions, the inspection shall be made by a marine chemist certificated by the National Fire Protection Association; however, if the services of such certified marine chemist are not reasonably available, the Officer in Charge, Marine Inspection, upon the 71
recommendation of the vessel owner and his contractor or their representative, shall select a person who, in the case of an individual vessel, shall be authorized to make such inspection. If the inspection indicates that such operations can be undertaken with safety, a certificate setting forth the fact in writing and qualified as may be required, shall be issued by the certified marine chemist or the authorized person before the work is started. Such qualifications shall include any requirements as may be deemed necessary to maintain, insofar as can reasonably be done, the safe conditions in the spaces certified, throughout the operation and shall include such additional tests and certifications as considered required. Such qualifications and requirements shall include precautions necessary to eliminate or minimize hazards that may be present from protective coatings or residues from cargoes. (2) When not in such a port or place, and a marine chemist or such person authorized by the Officer in Charge, Marine Inspection, is not reasonably available, the inspection shall be made by the senior officer present and a proper entry shall be made in the vessel's logbook. (d) It shall be the responsibility of the senior officer present to secure copies of certificates issued by the certified marine chemist or such person authorized by the Officer in Charge, Marine Inspection. It shall be the responsibility of the senior officer present, insofar as the persons under his control are concerned, to maintain a safe condition on the vessel by full observance of all qualifications and requirements listed by the marine chemist in the certificate. [CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 95-072, 60 FR 50462, Sept. 29, 1995] §35.01-5 Sanitary Condition And Crew Quarters–T/ALL. It shall be the duty of the master and chief engineer of every tankship to see that such vessel and crew's quarters are kept in a sanitary condition. [CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 95-027, 61 FR 25999, May 23, 1996] §35.01-10 Shipping Papers–TB/ALL. Each loaded tank vessel shall have on board a bill of lading, manifest, or shipping document giving the name of the consignee and the location of the delivery point, the kind, grades, and approximate quantity of each kind and grade of cargo, and for whose account the cargo is being handled. The tank vessel shall not be delayed in order to secure exact quantities of cargo. Such manifests or bills of lading may be made out by the master, master of the towing vessel, owner, or agent of the owner: Provided, however, That in the case of unmanned barges where shipping papers are not available, an entry in the logbook of the towing vessel giving the name of the shipper and location of shipping point, the name of the consignee and location of delivery point, the approximate kind, grade, and quantity of cargo in each barge of the tow, and for whose account the cargo is being handled, shall be considered as complying with the requirements of this section. §35.01-15 Carriage Of Persons Other Than Crew–TB/ALL. No person not connected with the operation of a tank ship or tank barge or not having legitimate business with said vessel, shall be permitted aboard while vessel is under way unless specifically allowed by its certificate. §35.01-25 Sacrificial Anode Installations–TB/ALL. (a) The installation of magnesium sacrificial anodes in cargo tanks utilized for the carriage of flammable or combustible liquids in bulk is prohibited. (b) A sacrificial anode using an aluminum alloy will be permitted in cargo tanks under the following criteria: (1) The maximum allowable energy that can be developed by a falling anode shall be 200 foot-pounds. (2) No anode shall be installed more than 6 feet above the bottom of the tank. Special consideration will be given when structural design prevents the anodes from falling in event of failure of the attachments. (3) Each anode shall have at least two welded or bolted connections to the supporting structure. Special consideration will be given to proprietary attachments which provide equally safe installations. (4) The plans of the anode installation and a chemical analysis of the alloy composition shall be submitted for approval. The anode should be magnesium free and the silicon content limited to trace amounts. (5) The recommended construction of the anode should utilize a mild steel core with necessary attachments. Other types may be used but will require special consideration. (c) Sacrificial anodes using materials other than those having aluminum and/or magnesium in whole or in part are permitted. [CGFR 69-72, 34 FR 17482, Oct. 29, 1969] §35.01-35 Repairs And Alterations To Firefighting Equipment–TB/ALL. (a) No extensive repairs or alterations, except in emergency, shall be made to any fire-extinguishing apparatus, or other appliance subject to inspection, without advance notice to the Officer in Charge, Marine Inspection. Such repairs or alterations shall so far as is practicable be made with materials and tested in the manner specified within the regulations in this subchapter and subchapter Q (Specifications) of this chapter for new construction. (b) Emergency repairs or alterations shall be reported as soon as practicable to the Officer in Charge, Marine Inspection, where the vessel may call after such repairs are made. §35.01-55 Pilot Boarding Operation. (a) The master shall ensure that pilot boarding equipment is maintained as follows: (1) The equipment must be kept clean and in good working order. (2) Each damaged step or spreader step on a pilot ladder must be replaced in kind with an approved replacement step or spreader step, prior to further use of the ladder. The replacement step or spreader step must be secured by the method used in the original construction of the ladder, and in accordance with manufacturer instructions. (b) The master shall ensure compliance with the following during pilot boarding operations: (1) Only approved pilot boarding equipment may be used. (2) The pilot boarding equipment must rest firmly against the hull of the vessel and be clear of overboard discharges. (3) Two man ropes, a safety line and an approved lifebuoy with an approved water light must be at the point of access and be immediately available for use during boarding operations. (4) Rigging of the equipment and embarkation/debarkation of a pilot must be supervised in person by a deck officer. (5) Both the equipment over the side and the point of access must be adequately lit during night operations. (6) If a pilot hoist is used, a pilot ladder must be kept on deck 72
adjacent to the hoist and available for immediate use. [CGD 79-032, 49 FR 25455, June 21, 1984] §35.01-60 Person Excluded. Masters and pilots shall exclude from the pilothouse and navigation bridge while underway, all persons not connected with the navigation of the vessel. However, licensed officers of vessels, persons regularly engaged in training, regulating, evaluating, or learning the profession of pilot, officials of the United States Coast Guard, United States Navy, United States Coast and Geodetic Survey, United States Army Corps of Engineers, Maritime Administration, and National Transportation Safety Board may be allowed in the pilothouse or upon the navigation bridge upon the responsibility of the master or pilot. [CGD 91-023, 59 FR 16779, Apr. 8, 1994] Subpart 35.05–Officers And Crews §35.05-15 Tank Vessel Security–TB/ALL. (a) Manned tank vessel. At least one member of the crew of a manned tank vessel shall be on board at all times except when the vessel is gas free or is moored at a dock or terminal at which watchman service is provided. (b) Unmanned barge. (1) The owner, managing operator, master, and person in charge of a vessel towing a tank barge that need not be manned, and each of them, shall be responsible for monitoring the security and integrity of the tank barge and for ensuring adherence to proper safety precautions. These responsibilities include, but are not limited to– (1)(i) Ensuring that any tank barge added to the tow has all tank openings properly secured; has its freeing-ports and scuppers, if any, unobstructed; meets any loadline or freeboard requirements; and neither leaks cargo into the water, voids, or cofferdams nor leaks water into the tanks, voids, or cofferdams; (1)(ii) Ensuring that every tank barge in the tow is properly secured within the tow; (1)(iii) Ensuring that periodic checks are made of every tank barge in the tow for leakage of cargo into the water, voids, or cofferdams and for leakage of water into the tanks, voids, or cofferdams; (1)(iv) Knowing the cargo of every tank barge in the tow, any hazards associated with the cargo, and what to do on discovery of a leak; (1)(v) Ensuring that the crew of the vessel know the cargo of every tank barge in the tow, any hazards associated with the cargo, and what to do on discovery of a leak; (1)(vi) Reporting to the Coast Guard any leaks from a tank barge in the tow into the water, as required by 33 CFR 151.15; and (1)(vii) Ensuring that the crew of the vessel and other personnel in the vicinity of the tank barges in the tow follow the proper safety precautions for tank vessels, and that no activity takes place in the vicinity of the barges that could create a hazard. (2) When a barge is moored and contains more oil than the normal clingage and unpumpable bilge or sump residues, the barge must be kept under surveillance by a person responsible for the security of the barge and for keeping unauthorized persons off the barge. (3) When a barge is moored and contains no oil but is not gas free: (3)(i) It must be maintained under surveillance as required in paragraph (b)(2) of this section; or (3)(ii) All cargo tank hatches must be clearly marked in not less than three inch lettering "Danger–Keep Out," and all hatch covers must be closed and dogged down in such a way that the hatch cannot be opened by the use of bare hands alone. [CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 80-009,48 FR 36459, Aug. 11, 1983; CGD 79-116, 60 FR 17155, Apr. 4, 1995] §35.05-20 Physical Condition Of Crew–TB/ALL. No person shall be engaged as a member of the crew on a tank vessel if he is known by the employer to be physically or mentally incapable of performing the duties assigned him. §35.05-25 Illness, Alcohol, Drugs–TB/ALL. (a) No person, known by the individual in charge of a tank vessel to be under the influence of liquor or other stimulant, or to be ill to such an extent as to unfit him for any particular service on the tank vessel, shall be allowed to perform such service while in such condition. (b) When a member of the crew of a tank vessel which is loading bulk cargo of Grade A, B, or C arrives at the gangway and is observed to be in an intoxicated condition, he shall not be permitted to board the vessel without escort. Subpart 35.07–Logbook Entries §35.07-1 Application–TB/ALL. (a) Except as specifically noted, the provisions of this subpart shall apply to all tank vessels. §35.07-5 Logbooks And Records–TB/ALL. (a) The master or person in charge of a vessel that is required by 46 U.S.C. 11301 to have an official logbook shall maintain the logbook on form CG-706. The official logbook is available free to masters of U.S.-flag vessels from the officer in Charge, Marine Inspection, as form CG-706B or CG-706C, depending on the number of persons employed in the crew. When the voyage is completed, the master or person in charge shall file the logbook with the Officer in Charge, Marine Inspection. (b) The master or person in charge of a vessel that is not required by 46 U.S.C. 11301 to have an official logbook, shall maintain, on board, an unofficial logbook or record in any form desired for the purposes of making entries therein as required by law or regulations in this subchapter. Such logs or records are not filed with the Officer in Charge, Marine Inspection, but must be kept available for review by a marine inspector for a period of 1 year after the date to which the records refer. Separate records of tests and inspections of fire fighting equipment must be maintained with the vessel's logs for the period of validity of the vessel's certificate of inspection. [CGD 95-027, 61 FR 25999, May 23, 1996] §35.07-10 Actions Required To Be Logged–TB/ALL. (a) General–TB/ALL. The actions and observations noted in this section shall be entered in the Official Logbook or in logs or records considered to take place of the Official Logbooks. This section contains no requirements which are not made in specific laws or in other regulations in this subchapter, the items being merely grouped together for convenience. (b) Entries–T/ALL. Entries shall be made in the logs of tankships with respect to the following: (1) Onboard training, musters, and drills: held in accordance with subchapter W (Lifesaving Appliances or Arrangements) of this chapter. 73
(2) Draft and load line marks. For tankships of 150 gross tons and over, prior to leaving port for ocean, coastwise, and Great Lakes voyages only. See §35.20-5. (3) Verification of vessel compliance with applicable stability requirements. After loading and prior to departure and at all other times necessary to assure the safety of the vessel. See §35.20-7. (4) Steering gear tests. Prior to departure, or for tank ships on voyages of less than 48 hours duration or tankships operating on lakes, bays, sounds and rivers, once every week. See §35.20-10. (5) Fuel oil data. Upon receipt of fuel oil on board to be used as fuel. See §35.25-10. (6) Inspections and tests of firefighting equipment. Once every year. See §31.10-18 of this subchapter. (7) Operation and inspection of the emergency lighting and power systems. Once in each week that the vessel is navigated. See §35.10-15. (8) Cargo gear inspections: At least once a month. See §31.37-70 of this subchapter. (c) Entries–B/ALL. Entries shall be made in the records for tank barges with respect to the following: (1) Inspections and tests of firefighting equipment. Once every year. See §31.10-18 of this subchapter. (2) Draft and load line marks. For tank barges of 150 gross tons and over, prior to leaving port for ocean, coastwise, and Great Lakes voyages only. (3) Cargo gear inspections: At least once a month. See §31.37-70 of this subchapter. (4) Verification of vessel compliance with applicable stability requirements. After loading and prior to departure and at all other times necessary to assure the safety of the vessel. See §35.20-7. [CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 89-037, 57 FR 41821, Sept. 11, 1992; CGD 84-069, 61 FR 25286, May 20, 1996, CGD 95-028, 62 FR 51199, Sept. 30, 1997] Subpart 35.15–Notice And Reporting Of Casualty And Voyage Records §35.15-1 Notice And Reporting Of Casualty And Voyage Records–TB/ALL. 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] Subpart 35.20–Navigation §35.20-1 Notice To Mariners; Aids To Navigation–T/OCLB. (a) Licensed officers are required to acquaint themselves with the latest information published by the Coast Guard and the National Imagery and Mapping Agency regarding aids to navigation, and neglect to do so is evidence of neglect of duty. It is desirable that vessels navigating oceans and coastwise and Great Lakes water shall have available in the pilothouse for convenient reference at all times a file of the applicable Notice to Mariners. (b) Weekly Notices to Mariners (Great Lakes Edition), published by the Commander, 9th Coast Guard District, contain announcements and information on changes in aids to navigation and other marine information affecting the safety of navigation on the Great Lakes. These notices may be obtained free of charge, by making application to Commander, 9th Coast Guard District. (c) Weekly Notices to Mariners (worldwide coverage) are prepared jointly by the National Imagery and Mapping Agency, National Ocean Service, and the U.S. Coast Guard. They include changes in aids to navigation in assembled form for the 1st, 5th, 7th, Greater Antilles Section, 8th, 11th, 13th, 14th, and 17th Coast Guard Districts. Foreign marine information is also included in these notices. These notices are available without charge from the National Imagery and Mapping Agency, U.S. Collector of Customs of the major seaports in the United States and are also on file in the U.S. Consulates where they may be inspected. (d) As appropriate for the intended voyage, all vessels must carry adequate and up-to-date: (1) Charts; (2) Sailing directions; (3) Coast pilots; (4) Light lists; (5) Notices to mariners; (6) Tide tables; (7) Current tables; and (8) All other nautical publications necessary.
1
[
1
For United States vessels in or on the navigable waters of the United States, see 33 CFR 164.33.] [CGFR 66-33, 31 FR 15268, Dec. 6, 1966, as amended by CGFR 68-32, 33 FR 5714, Apr. 12, 1968; CGD 75-074, 42 FR 5963, Jan. 31, 1977; CGD 88-070, 53 FR 34534, Sept. 7, 1988; 66 FR 48617, Sept. 21, 2001] §35.20-5 Draft Of Tankships–T/OC. The master of every tankship shall, whenever leaving port, enter the maximum draft of his vessel in the logbook. §35.20-7 Verification Of Vessel Compliance With Applicable Stability Requirements–TB/ALL. (a) Except as provided in paragraph (d) of this section, after loading and prior to departure and at all other times necessary to assure the safety of the vessel, the master or person in charge shall determine that the vessel complies with all applicable stability requirements in the vessels's trim and stability book, stability letter, Certificate of Inspection, and Load Line Certificate, as the case may be. The vessel may not depart until it is in compliance with these requirements.. (b) When determining compliance with applicable stability requirements the vessel's draft, trim, and stability must be determined as necessary. (c) If a log book is required by §35.07-5, then the master or person in charge must enter an attestation statement verifying that the vessel complies with the applicable stability requirements at the times specified in paragraph (a) and any stability calculations made in support of the determination must be retained on board the vessel for the duration of the voyage. (d) Stability verification is not required for tank barges whose Certificate of Inspection carries draft restrictions for purposes other than stability. [CGD 88-037, 57 FR 41821, Sept. 11, 1992] §35.20-10 Steering Gear Test–T/ALL. On all tankships making voyages of more than 48 hours' duration, the entire steering gear, the whistle, the means of communication, and the signaling appliances between the bridge or pilothouse and engineroom shall be examined and tested by a licensed officer of the vessel within a period of not more than 12 hours before leaving port. All such vessels making voyages of less than 48 hours' duration or operating on lakes, bays, sounds, and rivers shall be so examined and tested at least once in every week. The 74
fact and time of such examination and test shall be recorded in the ship's logbook. §35.20-20 Master's And Officer's Responsibility–TB/ALL. Nothing in this part shall exonerate any master or officer in command from the consequences of any neglect to keep a proper lookout or the neglect of any precaution which may be required by the ordinary practice of seamen or by the special circumstances of the case. §35.20-30 Flashing The Rays Of A Searchlight Or Other Blinding Light–T/ALL. No person shall flash, or cause to be flashed, the rays of a search light or other blinding light onto the bridge or into the pilothouse of any vessel under way. [CGD 95-027, 61 FR 26000, May 23, 1996] §35.20-35 Whistling–T/ALL. The unnecessary sounding of a vessel's whistle is prohibited within any harbor limits of the United States. [CGD 95-027, 61 FR 26000, May 23, 1996] §35.20-40 Maneuvering Characteristics–T/OC. For each ocean and coastwise tankship of 1,600 gross tons or over, the following apply: (a) The following maneuvering information must be prominently displayed in the pilothouse on a fact sheet: (1) For full and half speed, a turning circle diagram to port and starboard that shows the time and the distance of advance and transfer required to alter the course 90 degrees with maximum rudder angle and constant power settings. (2) The time and distance to stop the vessel from full and half speed while maintaining approximately the initial heading with minimum application of rudder. (3) For each vessel with a fixed propeller, a table of shaft revolutions per minute for a representative range of speeds. (4) For each vessel with a controllable pitch propeller a table of control settings for a representative range of speeds. (5) For each vessel that is fitted with an auxiliary device to assist in maneuvering, such as a bow thruster, a table of vessel speeds at which the auxiliary device is effective in maneuvering the vessel. (b) The maneuvering information must be provided for the normal load and normal ballast condition for: (1) Calm weather–wind 10 knots or less, calm sea; (2) No current; (3) Deep water conditions–water depth twice the vessel's draft or greater; and (4) Clean hull. (c) At the bottom of the fact sheet, the following statement must appear: WARNING The response of the (name of the vessel) may be different from those listed above if any of the following conditions, upon which the maneuvering information is based, are varied: (1) Calm weather–wind 10 knots or less, calm sea; (2) No current; (3) Water depth twice the vessel's draft or greater; (4) Clean hull; and (5) Intermediate drafts or unusual trim. (d) The information on the fact sheet must be: (1) Verified six months after the vessel is placed in service; or (2) Modified six months after the vessel is placed into service and verified within three months thereafter. (e) The information that appears on the fact sheet may be obtained from: (1) Trial trip observations; (2) Model tests; (3) Analytical calculations; (4) Simulations; (5) Information established from another vessel of similar hull form, power, rudder and propeller; or (6) Any combination of the above. The accuracy of the information in the fact sheet required is that attainable by ordinary shipboard navigation equipment. (f) The requirements for information for fact sheets for specialized craft such as semi-submersibles, hydrofoils, hovercraft and other vessels of unusual design will be specified on a case by case basis. [CGD 73-78, 40 FR 2689, Jan. 15, 1975] §35.20-45 Use Of Auto Pilot–T/ALL. Except as provided in 33 CFR 164.13, when the automatic pilot is used in: (a) Areas of high traffic density; (b) Conditions of restricted visibility; and (c) All other hazardous navigational situations, the master shall ensure that: (1) It is possible to immediately establish manual control of the ship'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. [CGD 75-074, 42 FR 5963, Jan. 31, 1977, as amended by CGD 91-204, 58 FR 27633, May 10, 1993] Subpart 35.25 – Engine Department §35.25-1 Examination Of Boilers And Machinery By Engineer–T/ALL. It shall be the duty of an engineer when assuming charge of the boilers to examine the same forthwith and thoroughly. If any part thereof is found in bad condition, the engineer shall immediately report the facts to the master, owner, or agent, and to the nearest Officer in Charge, Marine Inspection. [CGD 95-027, 61 FR 26000, May 23, 1996] §35.25-5 Repairs Of Boilers And Unfired Pressure Vessels And Reports Of Repairs Or Accidents By Chief Engineer–
TB/ALL. (a) Before making any repairs to boilers or unfired pressure vessels, the chief engineer shall submit a report covering the nature of the repairs to the Officer in Charge, Marine Inspection, at or nearest to the port where the repairs are to be made. (b) In the event of an accident to a boiler, unfired pressure vessel, or machinery tending to render the further use of the item itself unsafe until repairs are made, or if by ordinary wear such items become unsafe, a report shall be made by the chief engineer immediately to the Officer in Charge, Marine Inspection, or if at sea, immediately upon arrival at port. 75
§35.25-10 Requirements For Fuel Oil–T/ALL. (a) Oil to be used as fuel to be burned under boilers on tankships shall have a flashpoint of not less than 140°F. (Pensky-Martens Closed Cup Method, ASTM D 93) (incorporated by reference, see §35-01-3). (b) It shall be the duty of the chief engineer to make an entry in the log of each supply of fuel oil received on board, stating the quantity received, the name of the vendor, the name of the oil producer, and the flashpoint (Pensky-Martens Closed Cup Method, ASTM D 93) (incorporated by reference, see §35-01-3) for which it is certified by the producer. (c) It shall be the further duty of the chief engineer to draw and seal at the time the supply is received on board, a half-pint sample of each lot of fuel oil, such sample to be preserved until that particular supply of oil is exhausted. [CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGFR 68-82, 33 FR 18805, Dec. 18, 1968; CGD 73-254, 40 FR 40163, Sept. 2, 1975; 65 FR 58455, Sept. 29, 2000] §35.25-15 Carrying Of Excess Steam–TB/ALL. It shall be the duty of the chief engineer of any tank vessel to see that a steam pressure is not carried in excess of that allowed by the certificate of inspection, and to see that the safety valves, once set by the inspector, are in no way tampered with or made inoperative. [CGD 95-028, 62 FR 51199, Sept. 30, 1997] Subpart 35.30—General Safety Rules §35.30-1 Warning Signals And Signs–TB/ALL. (a) Red warning signals. During transfer of bulk cargo while fast to a dock, a red signal (flag by day and electric lantern at night) shall be so placed that it will be visible on all sides. While transferring bulk cargo at anchor, a red flag only shall be displayed. (b) Warning sign at gangway. A sign shall be displayed to warn persons approaching the gangway, while a vessel is moored or anchored unless it is empty and gas-freed. The sign shall state in letters not less than 2 inches high substantially as follows: Warning No open lights. No smoking. No visitors. (c) Warning sign in radio room. A sign shall be placed in radio room warning against the use of radio equipment during transfer of Grade A, B, or C liquids, except by permission of senior deck officer. (d) [Reserved] (e) Additional placards or signs required in connection with the movement of certain open hopper type barges are described in §35.01-45. [CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGFR 70-143, 35 FR 19905, Dec. 30, 1970; CGD 73-96, 42 FR 49024, Sept. 26, 1977; CGD 73-243, 45 FR 18000, Mar. 20, 1980] §35.30-5 Fires, Matches, And Smoking–TB/ALL. (a) General. In making the determinations required under paragraphs (b), (c), and (d) of this section the senior deck officer on duty, who shall be a licensed officer or certificated tankerman, shall exercise his skill and experience with due regard to attendant conditions and circumstances, including consideration for location of shore side facilities, maintenance of mobility, provision for fire protection, state or change of winds, tides, sea, weather conditions, forces of nature and other circumstances generally beyond human control. (b) Boiler fires. Boiler fires are normally permitted during cargo transfer operations: Provided, That prior to loading Grades A, B, and C cargoes, the senior deck officer on duty, who shall be a licensed officer or certificated tankerman, shall make an inspection to determine whether in his judgment boiler fires may be maintained with reasonable safety during the loading operation. (c) Smoking. Smoking is prohibited on the weather decks of tank vessels when they are not gas free or are alongside docks. At other times and places the senior deck officer on duty, who shall be a licensed officer or certificated tankerman, shall designate when and where the crew may smoke: Provided, That prior to loading Grade A, B, or C cargo the master or senior deck officer on duty shall make an inspection to determine if and where, in his judgment, smoking may be permitted with reasonable safety during the loading operation. (d) Matches. The use of other than safety matches is forbidden aboard tank vessels at all times. [CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 95-012, 60 FR 48049, Sept. 18, 1995] §35.30-10 Cargo Tank Hatches, Ullage Holes, And Butterworth Plates–TB/ALL. No cargo tank hatches, ullage holes, or Butterworth plates shall be opened or shall remain open without flame screens, except under the supervision of the senior members of the crew on duty, unless the tank opened is gas free. §35.30-20 Emergency Equipment–TB/ALL (a) Two emergency outfits, stored for use in widely separated, accessible locations, are required for the following: (1) All tankships on international voyage. (2) All tankships over 1,000 gross tons. (3) All tankships having cargo tanks which exceed 15 feet in depth, measured from the deck to the lowest point at which cargo is carried. (b) One emergency outfit is required for all manned tank barges having cargo tanks which exceed 15 feet in depth, measured from the deck to the lowest point at which cargo is carried. (c) Each emergency outfit shall be equipped as follows: (1) One pressure-demand, open-circuit, self-contained breathing apparatus, approved by the Mine Safety and Health Administration (MSHA) and by the National Institute for Occupational Safety and Health (NIOSH) and having at a minimum a 30-minute air supply, a full facepiece, and a spare charge. (2) One lifeline with a belt or a suitable harness. (3) One, Type II or Type III, flashlight constructed and marked in accordance with ASTM F 1014 (incorporated by reference, see §35.01-3). (4) One fire ax. (5) Boots and gloves of rubber or other electrically nonconducting material. (6) A rigid helmet which provides effective protection against impact. 76
(7) Protective clothing of material that will protect the skin from the heat of fire and burns from scalding steam. The outer surface shall be water resistant. (d) A self-contained compressed-air breathing apparatus previously approved by MSHA and NIOSH under part 160, subpart 160.011, of this chapter may continue in use as required equipment if it was part of the vessel's equipment on November 23, 1992, and as long as it is maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. (e) Lifelines shall be of steel or bronze wire rope. Steel wire rope shall be either inherently corrosion resistant or made so by galvanizing or tinning. Each end shall be fitted with a hook with keeper having a throat opening which can be readily slipped over a 5/8-inch bolt. The total length of the lifeline shall be dependent upon the size and arrangement of the vessel, and more than one line may be hooked together to achieve the necessary length. No individual length of lifeline may be less than 50 feet in length. The assembled lifeline shall have a minimum breaking strength of 1,500 pounds. [CGD 73-11R, 38 FR 27354, Oct. 3, 1973, as amended by CGD 75-074, 42 FR 5963, Jan. 31, 1977; CGD 82-042, 53 FR 17704, May 18, 1988; CGD 86-036, 57 FR 48324, Oct. 23, 1992; 57 FR 56406, Nov. 27, 1992; CGD 95-028, 62 FR 51199, Sept. 30, 1997; 64 FR 67170, Dec. 1, 1999; 65 FR 10943, Mar. 1, 2000] §35.30-25 Explosives–TB/ALL. Fulminates or other detonating compounds in bulk in dry condition; explosive compositions that ignite spontaneously or undergo marked decomposition when subjected for forty-eight consecutive hours to a temperature of 167°F. or more; composition containing an ammonium salt and a chlorate; and other like explosives shall not be accepted, stored, stowed or transported on board tank vessels. §35.30-30 Portable Electric Equipment–TB/ALL. Portable electric equipment must not be used in a hazardous location described in subpart 111.105 of this chapter except: (a) Self-contained, battery-fed, explosion-proof lamps approved by Underwriters Laboratories Inc., Factory Mutual Research Corporation, or other independent laboratory recognized by the Commandant, for use in a Class I, Division 1 location for the electrical group classification of the cargo; (b) Intrinsically safe equipment approved by Underwriters Laboratories Inc., Factory Mutual Research Corporation, or other independent laboratory recognized by the Commandant, for use in a Class I, Division 1 location for the electrical group classification of the cargo; and (c) Any electrical equipment, if: (1) The hazardous location is: (1)(i) Enclosed; and (1)(ii) Gas free; (2) The adjacent compartments are: (2)(i) Gas free; (2)(ii) Inerted; (2)(iii) Filled with water; (2)(iv) Filled with Grade E liquid; or (2)(v) Spaces where flammable gases are not expected to accumulate; and: (3) Each compartment where flammable gas is expected to accumulate is: (3)(i) Closed; and (3)(ii) Secured. [CGD 74-125A, 47 FR 15230, Apr. 8, 1982] §35.30-35 Spark Producing Devices–TB/ALL. (a) Where Grades A, B, C, and D liquid cargoes are involved, power driven or manually operated spark producing devices shall not be used in bulk cargo tanks, fuel oil tanks, cargo pumprooms, or enclosed spaces immediately above or adjacent to bulk cargo tanks unless all the following conditions are met: (1) The compartment itself is gas-free; (2) The compartments adjacent and the compartments diagonally adjacent are either: (i) Gas-free; (ii) Inerted; (iii) Filled with water; (iv) Contain Grade E liquid and are closed and secured; or (v) Are spaces in which flammable vapors and gases normally are not expected to accumulate; and,
(3) All other compartments of the vessel in which flammable vapors and gases may normally be expected to accumulate are closed and secured. (b) This section does not prohibit the use of small hand tools in such locations. §35.30-40 Flammable Liquid And Gas Fuels As Ship's Stores–TB/ALL. Flammable liquids and gases other than diesel fuel, to be used as fuel for approved equipment must satisfy the following: (a) Stowage must be in containers approved by DOT or A.S.M.E. for the contents carried, or in a portable safety container approved by a recognized testing laboratory for the contents carried. (b) The contents must be marked on the containers, and the containers must be labeled in accordance with DOT requirements for flammable liquids and gases. (c) Containers must be stowed on or above the weather deck in locations designated by the master. Containers specified in paragraph (a)(1) of this section which do not exceed a capacity of five gallons may be stowed below the weather deck in a paint or lamp locker. [CGD 80-009, 48 FR 36459, Aug. 11, 1983, as amended by CGD 86-033, 53 FR 36024, Sept. 16, 1988; CGD 95-028, 62 FR 51199, Sept. 30, 1997] Subpart 35.35 – Cargo Handling §35.35-1 Persons On Duty–TB/ALL. (a) On each tankship required to be documented under the laws of the United States, the owner, managing operator, master, and person in charge of the vessel, and each of them, shall ensure that– (1) Enough "Tankerman-PICs" or restricted "Tankerman-PICs", and "Tankerman-Assistants", authorized for the classification of cargo carried, are on duty to safely transfer liquid cargo in bulk or safely clean cargo tanks; and (2) Each transfer of liquid cargo in bulk and each cleaning of a cargo tank is supervised by a person qualified to be the person in charge of the transfer or the cleaning under subpart C of 33 CFR part 155. 77
(b) On each United States tank barge subject to inspection– (1) The owner, managing operator, master, and person in charge of the vessel, and each of them, shall ensure that no transfer of liquid cargo in bulk or cleaning of a cargo tank takes place unless under the supervision of a qualified person designated as the person in charge of the transfer or the cleaning under subpart C of 33 CFR part 155; and (2) The person designated as the person in charge of the transfer shall ensure that– (2)(i) Enough qualified personnel are on duty to safely transfer liquid cargo in bulk or safely clean cargo tanks; and (2)(ii) The approved portable extinguishers required by Table 34.50-10(a) of this chapter are aboard and readily available before any transfer of liquid cargo in bulk or any operation of barge machinery or boilers. (c) On each foreign tankship, the owner, managing operator, master, and person in charge of the vessel, and each of them, shall ensure that– (1) Enough personnel, qualified for the classification of cargo carried, are on duty to safely transfer liquid cargo in bulk or safely clean cargo tanks; and (2) Each transfer of liquid cargo in bulk and each cleaning of a cargo tank is supervised by a qualified person designated as a person in charge of the transfer or the cleaning under subpart C of 33 CFR part 155. (d) On each foreign tank barge– (1) The owner, managing operator, master, and person in charge of the vessel, and each of them, shall ensure that no transfer of liquid cargo in bulk or cleaning of a cargo tank takes place unless under the supervision of a qualified person designated as the person in charge of the transfer or the cleaning under subpart C of 33 CFR part 155. (2) The person designated as the person in charge of the transfer shall ensure that enough qualified personnel are on duty to safely transfer liquid cargo in bulk or safely clean cargo tanks. (e) The person in charge of the transfer of liquid cargo in bulk on the tank vessel shall be responsible for the safe loading and discharge of the liquid cargo in bulk. (f) The person in charge of the transfer of liquid cargo in bulk on each United States tank vessel, when lightering to or from a foreign tank vessel, shall ensure that the person in charge on the foreign tank vessel, or his or her interpreter, is capable of reading, speaking, and understanding the English language well enough to allow a safe transfer. [CGD 79-116, 60 FR 17155, Apr. 4, 1995] §35.35-5 Electric Bonding–TB/ALL. A tank vessel may be electrically connected to the shore piping, through which the cargo is to be transferred, prior to the connecting of a cargo hose. This electrical connection, if made, shall be maintained until after the cargo hose has been disconnected, and any spillage has been removed. [CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGFR 66-33, 31 FR 15268, Dec. 6, 1966] §35.35-10 Closing Of Freeing-Ports, Scuppers, And Sea Valves–TB/ALL. The person in charge of each transfer of liquid cargo in bulk shall ensure that all freeing-ports and scuppers are properly plugged during the transfer except on tank vessels using water for cooling decks. Although under no circumstances may sea valves be secured by locks, the valves must be closed, and lashed or sealed, to indicate that they should not be opened during the transfer. [CGD 79-116, 60 FR 17156, Apr. 4, 1995] §35.35-15 Connecting For Cargo Transfer–TB/ALL. (a) Movement of the vessel must be considered to insure safe cargo transfer. Suitable material must be used in joints and in couplings to insure that connections are tight. A bolted flanged coupling must not have less than four bolts, under any circumstances. (b) When cargo connections are supported by ship's tackle, the person in charge of the transfer of liquid cargo in bulk shall determine the weights involved to ensure that adequate tackle is used. (c) Pans or buckets shall be placed under cargo hose connections on the tank vessel. [CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 80-009, 48 FR 36459, Aug. 11, 1983; CGD 79-116, 60 FR 17156, Apr. 4, 1995] §35.35-20 Inspection Before Transfer Of Cargo–TB/ALL. Before the transfer of liquid cargo in bulk, the person in charge of the transfer shall inspect the vessel to ensure the following: (a) Warnings are displayed as required. (b) No repair work in way of cargo spaces is being carried on without his permission. (c) Cargo connections have been made as described in §35.35-
15 and cargo valves are set (d) All cargo connections have been made to the vessel's pipeline, and not through an open end hose led through a hatch. (e) In loading Grades A, B, and C cargoes, there are no fires or open flames present on the deck, or in any compartment which is located on, facing, open, and adjacent to that part of the deck on which cargo connections have been made. (f) The shore terminal or the other tank vessel concerned has reported itself in readiness for transfer of cargo. (g) All sea valves connected to the cargo piping system are closed. (h) In loading Grades A, B, and C cargoes, that an inspection has been made to determine whether boiler fires can be maintained with reasonable safety. (i) In loading Grades A, B, and C cargoes, that an inspection has been made to determine whether galley fires can be maintained with reasonable safety. (j) In loading Grades A, B, or C cargoes, that an inspection has been made to determine whether smoking may be permitted with reasonable safety in areas other than the weather deck. (k) On tankships the construction or conversion of which is started on or after July 1, 1951, which are to load or discharge Grade A cargo, all openings in the top of the tanks, except the branch vent lines and covers to ullage hole sounding pipes, are tightly closed. (See §§32.20-20 and 32.55-20 of this subchapter.) (l) On tankships the construction or conversion of which is started on or after July 1, 1951, which are to load or discharge Grade A cargo, the method for determining the liquid level in the tank without opening ullage holes, cargo hatches or Butterworth plates 78
is in proper order. (See §32.20-20 of this subchapter.) (m) When a transfer operation includes collection of cargo vapor from a vessel's cargo tanks through a vapor control system not located on the vessel: (1) Each part of the vapor collection system is aligned to allow vapor to flow to a facility vapor control system, or if lightering, to the other vessel; (2) Vapor collection hoses or arms are connected to the vessel vapor collection connection; (3) The electrical insulation requirements of 33 CFR 154.810(g) or §39.40-3(c) of this subchapter are provided between the vessel vapor connection and the facility or service vessel vapor connection; (4) The maximum cargo transfer rate is determined in accordance with §39.30-1(d) of this subchapter; (5) The maximum and minimum operating pressures at the facility vapor connection, or vessel vapor connection if lightering, are determined; (6) The overfill control system on a tank barge, if fitted in accordance with §39.20-9(b) of this subchapter, is connected to the facility, tested and operating properly; (7) Each alarm required by §§39.20-7, 39.20-9 and 39.40-3(a) of this subchapter has been tested not more than 24 hours prior to the start of the transfer operation and is operating properly; (8) Each vapor recovery hose has no unrepaired loose covers, kinks, bulges, soft spots, or any other defect which would permit the discharge of vapors through the hose material, and no gouges, cuts, or slashes that penetrate the first layer of hose reinforcement; and (9) The oxygen content of the vessel's cargo tanks, if inerted, is at or below 8 percent by volume. [CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 80-009, 48 FR 36459, Aug. 11, 1983; CGD 88-102, 55 FR 25446, June 21, 1990; CGD 79-116, 60 FR 17156, Apr. 4, 1995] §35.35-25 Approval To Start Transfer Of Cargo–TB/ALL. When the person in charge of the transfer of liquid cargo in bulk has ensured that the requirements of §§35.35-20 and 35.35-30 have been met, he or she may give approval to start the transfer. [CGD 79-116, 60 FR 17156, Apr. 4, 1995] §35.35-30 "Declaration Of Inspection" For Tank Vessels–
TB/ALL. (a) After an inspection under §35.35-20, but before a transfer of cargo, fuel oil, or bunkers may commence as described in this section and 33 CFR 156.120 and 156.150, the person in charge of the transfer shall prepare, in duplicate, a Declaration of Inspection. The original must be kept aboard the vessel, and the duplicate provided to the terminal supervisor or that person's representative. The supervisor or the representative may, upon demand, inspect the vessel to determine whether its condition is as stated on the Declaration of Inspection. (b) The Declaration of Inspection may be in any form, but must contain at least: Declaration of Inspection Before Transfer of Liquid Cargo in Bulk Date __________________________________________
Vessel __________________________________________
Port of __________________________________________
Product[s] being transferred–(Classification[s] and Kind[s])__________________________________________
________________________________________________
I, _______________
, the person in charge of the transfer of liquid cargo in bulk about to begin, do certify that I have personally inspected this vessel with reference to the following requirements set forth in 46 CFR 35.35-20, and that opposite each of the applicable items listed below I have indicated whether the vessel complies with all pertinent regulations. (1) Are warnings displayed as required? (2) Is there any repair work in way of cargo spaces being carried on for which permission has not been given? (3) Have cargo connections been made as described in 46 CFR 35.35-15 and are cargo valves set? (4) Have all cargo connections been made to the vessel's pipeline and not through an open-end hose led through a hatch? (5) Are there any fires or open flames present on the deck or in any compartment which is located on, open or adjacent to or facing the main deck of the vessels on which the cargo connections have been made? (6) Has the shore terminal or other tank vessel concerned reported itself in readiness for transfer of cargo? (7) Are sea valves connected to the cargo piping system closed? (8) If Grades, A, B, or C cargoes are to be loaded and boiler fires are lighted, has an inspection been made to determine whether these fires may be maintained with reasonable safety? (9) If Grades A, B, or C cargoes are to be loaded and galley fires are lighted, has an inspection been made to determine whether the galley fires may be maintained with reasonable safety? (10) If Grades A, B, or C cargoes are to be loaded, has an inspection been made to determine whether smoking is to be permitted in areas not on the weather decks? (11) If smoking is to be permitted in areas not on the weather decks, have those areas been designated? (12) Is the inert gas system being operated as necessary to maintain an inert atmosphere in the cargo tanks in compliance with 46 CFR 32.53-5? (13) Have the applicable sections of the vessel response plan been reviewed before commencing transfer, and arrangements or contingencies made for implementation of the Plan should the need arise? (c) In addition to the requirements in paragraph (b) of this section, if a transfer operation includes the collection of cargo vapor from a vessel's cargo tanks through a vapor control system not located on the vessel, the Declaration of Inspection must include the following as an appendix: (1) Is each part of the vapor collection system aligned to allow vapor to flow to the facility vapor connection or, if lightering, to the other vessel? (2) Are the vapor collection hoses or arms connected to the vessel's vapor collection connection? (3) Are the vessel and facility vapor connections electrically isolated? 79
(4) Have the initial transfer rate and the maximum transfer rate been determined? (5) Have the maximum and minimum operating pressures at the facility vapor connection, or the vessel vapor connection if lightering, been determined? (6) Have all alarms required by §§39.20-7, 39.20-9 and 39.40-3(a) of this subchapter been tested within 24 hours prior to the start of the transfer operation and found to be operating properly? (7) Is each vapor recovery hose free of unrepaired loose covers, kinks, bulges, soft spots, or any other defect which would permit the discharge of vapors through the hose material, and gouges, cuts, or slashes that penetrate the first layer of hose reinforcement? (8) Has the oxygen concentration of all inerted cargo tanks been verified to be 8 percent or less? [CGD 80-009, 48 FR 36459, Aug. 11, 1983, as amended by CGD 88-102, 55 FR 25446, June 21, 1990; CGD 79-116, 60 FR 17156, Apr. 4, 1995; CGD 79-116, 62 FR 25135, May 8, 1997] §35.35-35 Duties Of Person In Charge Of Transfer–TB/ALL. The person in charge of the transfer of liquid cargo in bulk, fuel oil in bulk, or bunkers in bulk shall control the transfer as follows: (a) Supervise the operations of cargo-system valves. (b) Commence transfer of cargo at slow rate of cargo flow. (c) Observe cargo connections for leakage. (d) Observe pressure on cargo system. (e) If transfer is loading (rather than discharging), observe rate of loading to avoid overflow of tanks. (f) Comply with 33 CFR 156.120 and 156.150. [CGD 79-116, 60 FR 17156, Apr. 4, 1995, as amended by CGD 79-116, 62 FR 25135, May 8, 1997] §35.35-40 Conditions Under Which Transfer Operations Shall Not Be Commenced Or If Started Shall Be Discontinued–
TB/ALL. Cargo transfer operations shall not be started or, if started, shall be discontinued under the following conditions: (a) During severe electrical storms. (b) If a fire occurs on the wharf or on the tanker or in the vicinity. §35.35-42 Restrictions On Vessels Alongside A Tank Vessel Loading Or Unloading Cargo Of Grade A, B, Or C–TB/ALL. (a) No vessel may come alongside or remain alongside a tank vessel in way of its cargo tanks while it is loading or unloading cargo of Grade A, B, or C without permission of the person in charge of the transfer on the tank vessel. (b) No vessel may come alongside or remain alongside a tank vessel in way of its cargo tanks while it is loading or unloading cargo of Grade A, B, or C unless the conditions then prevailing are acceptable to the persons in charge of cargo-handling on both vessels. [CGD 79-116, 60 FR 17156, Apr. 4, 1995] §35.35-45 Auxiliary Steam, Air, Or Electric Current–B/ALL. When discharging cargo from one or more barges, the towing vessel may furnish steam, air, or electric current for pumps on barges or dock, but in no case shall the cargo pass through or over the towing vessel. §35.35-50 Termination Of Transfer Operations–TB/ALL. (a) When transfer operations are completed the valves on cargo connections on the vessel shall be closed. The cargo connections shall be drained of cargo. (b) [Reserved] §35.35-55 Transfer Of Other Cargo Or Stores On Tank Vessels–TB/ALL. (a) No packaged goods, freight, or ship's stores may be loaded or unloaded during the loading or unloading of cargo of Grade A, B, or C except by permission of the person in charge of the transfer of liquid cargo in bulk. No explosives may be loaded, unloaded, or carried as cargo on any tank vessel containing cargo of Grade A, B, or C. (b) Where package and general cargo is carried directly over bulk cargo tanks, it shall be properly dunnaged to prevent chafing of metal parts and securely lashed or stowed. [CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 79-116, 60 FR 17157, Apr. 4, 1995] §35.35-60 Transportation Of Other Cargo Or Stores On Tank Barges–B/ALL. (a) Tank barges may be permitted to transport deck cargoes directly over bulk cargo spaces when the nature of such deck cargoes and the methods of loading and unloading same do not create an undue hazard. Such tank barges shall have their decks properly dunnaged to prevent chafing between the steel parts of the vessel and the deck cargo. (b) [Reserved] §35.35-70 Maintenance Of Cargo Handling Equipment–
TB/ALL. The cargo handling equipment shall be maintained by the tank vessel's personnel in accordance with the regulations in this subchapter, including the following: (a) Cargo hose shall not be used in transfer operations in which the pressures are such that leakage of cargo occurs through the body of the hose. (b) Cargo pump relief valves shall be tested at least once each year to determine that they function satisfactorily at the pressure at which they are set to open. (c) Cargo pump pressure gage shall be tested at least once a year for accuracy. (d) The cargo discharge piping of all tank vessels shall be tested at least once each year for tightness, at the maximum working pressure. §35.35-75 Emergencies–TB/ALL. In case of emergencies nothing in the regulations in this subchapter shall be construed as preventing the senior officer present from pursuing the most effective action in his judgment for rectifying the conditions causing the emergency. §35.35-85 Air Compressors–TB/ALL. No person may operate, install, or reinstall an air compressor in a cargo area described in §32.35-15 of this subchapter. [CGD 95-028, 62 FR 51200, Sept. 30, 1997] 80
Part 39 – Vapor Control Systems Table Of Contents Subpart 39.10–General Sec. 39.10-1 Applicability–TB/ALL. 39.10-3 Definitions–TB/ALL. 39.10-5 Incorporation By Reference–TB/ALL. 39.10-9 Vessel Vapor Processing Unit–TB/ALL. 39.10-11 Personnel Training–TB/ALL. 39.10-13 Submission Of Vapor Control System Designs–TB/ALL. Subpart 39.20–Design And Equipment 39.20-1 Vapor Collection System–TB/ALL. 39.20-3 Cargo Gauging System–TB/ALL. 39.20-7 Tankship Liquid Overfill Protection–T/ALL. 39.20-9 Tank Barge Liquid Overfill Protection–B/ALL. 39.20-11 Vapor Overpressure And Vacuum Protection–TB/ALL. 39.20-13 High And Low Vapor Pressure Protection For Tankships–T/ALL. Subpart 39.30–Operations 39.30-1 Operational Requirements–TB/ALL. Subpart 39.40–Lightering And Topping-Off Operations With Vapor Balancing 39.40-1 General Requirements For Vapor Balancing–TB/ALL. 39.40-3 Design And Equipment For Vapor Balancing–TB/ALL. 39.40-5 Operational Requirements For Vapor Balancing–
TB/ALL. Authority: 33 U.S.C. 1231; 46 U.S.C. 3306, 3703, 3715(b); 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. [SOURCE: CGD 88-102, 55 FR 25446, June 21, 1990, unless otherwise noted.] Subpart 39.10 – General §39.10-1 Applicability–TB/ALL. (a) Except as specified by paragraph (c) of this section, this part applies to each tank vessel operating in the navigable waters of the United States, when collecting vapors of crude oil, gasoline blends, or benzene emitted from a vessel's cargo tanks through a vapor control system. (b) A tank vessel which transfers vapors of flammable or combustible cargoes other than crude oil, gasoline blends, or benzene, to a facility covered by 33 CFR part 154 must meet the requirements prescribed by the Commandant (G-MSO). (c) A tank vessel with an existing vapor collection system specifically approved by the Coast Guard for the collection of cargo vapor which was operating prior to July 23, 1990, is subject only to §39.30-1 and §39.40-5 of this part as long as it transfers cargo vapor only to the specific facilities for which it was approved. (d) This part does not apply to the collection of vapors of liquefied flammable gases as defined in §30.10-39 of this subchapter. [CGD 88-102, 55 FR 25446, June 21, 1990, as amended by CGD 95-072, 60 FR 50462, Sept. 29, 1995; CGD 96-041, 61 FR 50727, Sept. 27, 1996] §39.10-3 Definitions–TB/ALL. As used in this part: Cargo deck area means that part of the weather deck that is directly over the cargo tanks. Existing vapor collection system means a vapor collection system which was operating prior to July 23, 1990. Facility vapor connection means the point in a facility's fixed vapor collection system where it connects with the vapor collection hose or the base of the vapor collection arm. Independent as applied to two systems means that one system will operate with a failure of any part of the other system except power sources and electrical feeder panels. Inerted means the oxygen content of the vapor space in a cargo tank is reduced to 8 percent by volume or less in accordance with the inert gas requirements of §32.53 or §153.500 of this chapter. Lightering or lightering operation means the transfer of a bulk liquid cargo from a tank vessel to a service vessel. Marine Safety Center means the Commanding Officer, U.S. Coast Guard Marine Safety Center, 1900 Half Street, SW, Suite 1000, Room 525, Washington, DC 20024 for visitors. Send all mail to Commanding Officer, U.S. Coast Guard Marine Safety Center, JR10-0525, 2100 2nd Street, SW., Washington, DC 20593, in a written or electronic format. Information for submitting the VSP electronically can be found at http://www.uscg.mil/HQ/MSC
Maximum allowable transfer rate means the maximum volumetric rate at which a vessel may receive cargo or ballast. New vapor collection system means a vapor collection system which is not an existing vapor collection system. Service vessel means a vessel which transports bulk liquid cargo between a facility and another vessel. Topping-off operation means the transfer of a bulk liquid cargo from a service vessel to another vessel in order to load the receiving vessel to a deeper draft. Vapor balancing means the transfer of vapor displaced by incoming cargo from the tank of a vessel receiving cargo into a tank of the vessel or facility delivering cargo via a vapor collection system. Vapor collection system means an arrangement of piping and hoses used to collect vapor emitted from a vessel's cargo tanks and to transport the vapor to a vapor processing unit. Vapor control system means an arrangement of piping and equipment used to control vapor emissions collected from a vessel. It includes the vapor collection system and vapor processing unit. Vapor processing unit means the components of a vapor control system that recovers, destroys, or disperses vapor collected from a vessel. Vessel vapor connection means the point in a vessel's fixed vapor collection system where it connects with the vapor collection hose or arm. §39.10-5 Incorporation By Reference--TB/ALL. (a) Certain materials are 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 the one listed in paragraph (b) of this section, notice of change must be published in the FEDERAL REGISTER and the material made available to the public. All approved material is on file at the U.S. Coast Guard, Office of Operating and 81
Environmental Standards (G-MSO), 2100 Second Street, SW., Washington, DC 20593-0001, 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/federal_register/code_of_federal_regulati
ons/ibr_locations.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 Petroleum Institute (API), 1220 L Street NW., Washington, DC 20005 API Standard 2000, Venting Atmospheric and Low-Pressure Storage Tanks (Nonrefrigerated and Refrigerated), Third Edition, January 1982 (reaffirmed December 1987)...................... 39.20-11 American National Standards Institute (ANSI), 11 West 42nd Street, New York, NY 10036 ANSI B16.5, Steel Pipe Flanges and Flanged Fittings, 1981 .......…………………………………………........................... 39.20-1 American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 ASTM F 1271-90 (1995)--Standard Specification for Spill Valves for Use in Marine Tank Liquid Overpressure Protection Applications ………………………………………………….. 39.20-9 International Electrotechnical Commission (IEC), Bureau Central de la Commission Electrotechnique Internationale, 1 rue de Varembe´, Geneva, Switzerland IEC 309-1--Plugs, Socket-Outlets and Couplers for Industrial Purposes: Part 1, General Requirements, 1979 ............................................................................................ 39.20-9 IEC 309-2--Plugs, Socket-Outlets and Couplers for Industrial Purposes: Part 2, Dimensional Interchangeability Requirements for Pin and Contact-tube Accessories, 1981 …………....... 39.20-9 National Electrical Manufacturers Association (NEMA), 2101 L St. NW., Washington, DC 20036 ANSI/NEMA WD6--Wiring Devices, Dimensional Requirements, 1988 ……………………………………………..................... 39.20-9 National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02269 NFPA 70--National Electrical Code, 1987 ......................... 39.20-9 Oil Companies International Marine Forum (OCIMF), 15th Floor, 96 Victoria Street, London SWIE 5JW, England International Safety Guide for Oil Tankers and Terminals, Third Edition, 1988 …….............................................................. 39.30-1 [CGD 88-102, 55 FR 25446, June 21, 1990, as amended by CGD 95-072, 60 FR 50462, Sept. 29, 1995; CGD 96-041, 61 FR 50727, Sept. 27, 1996; CGD 97-057, 62 FR 51043, Sept. 30, 1997; 64 FR 67170, Dec. 1, 1999; 65 FR 10943, Mar. 1, 2000; 69 FR 18801, Apr. 9, 2004] §39.10-9 Vessel Vapor Processing Unit–TB/ALL. Each vessel which has a vapor processing unit located on board must meet the requirements of 33 CFR part 154, subpart E to the satisfaction of the Commandant (G-MSO) in addition to complying with the requirements of this part. [CGD 88-102, 55 FR 25446, June 21, 1990, as amended by CGD 95-072, 60 FR 50462, Sept. 29, 1995; CGD 96-041, 61 FR 50727, Sept. 27, 1996] §39.10-11 Personnel Training–TB/ALL. (a) A person in charge of a transfer operation utilizing a vapor collection system must have completed a training program covering the particular system installed on the vessel. Training must include drills or demonstrations using the installed vapor control system covering normal operations and emergency procedures. (b) The training program required by paragraph (a) of this section must cover the following subjects: (1) Purpose of a vapor control system; (2) Principles of the vapor control system; (3) Components of the vapor control system; (4) Hazards associated with the vapor control system; (5) Coast Guard regulations in this part; (6) Operating procedures, including: (6)(i) Testing and inspection requirements, (6)(ii) Pre-transfer procedures, (6)(iii) Connection sequence, (6)(iv) Start-up procedures, and (6)(v) Normal operations; and (7) Emergency procedures. [CGD 88-102, 55 FR 25446, June 21, 1990; 55 FR 39270, Sept. 26, 1990] §39.10-13 Submission Of Vapor Control System Designs–
TB/ALL. (a) Plans, calculations, and specifications for a new vessel vapor collection system must be submitted to the Marine Safety Center for approval prior to installation. (b) An existing vapor collection system installation that has been Coast Guard approved to transfer cargo vapor to specific facilities must be reviewed and approved by the Marine Safety Center prior to transferring vapors to other facilities. (c) The owners/operators of a foreign flag vessel may submit certification by the classification society which classes the vessel that the vessel meets the requirements of this part as an alternative to meeting the requirements in paragraph (a) of this section. (d) Upon satisfactory completion of plan review and inspection of the vapor collection system or receipt of the certification provided for in paragraph (c) of this section, the Officer in Charge, Marine Inspection, shall endorse the Certificate of Inspection for U.S. flag vessels, or the Certificate of Compliance for foreign flag vessels, that the vessel is acceptable for collecting the vapor from crude oil, gasoline blends, and benzene, or any other vapor it is found acceptable to collect. [CGD 88-102, 55 FR 25446, June 21, 1990, as amended by CGD 95-028, 62 FR 51200, Sept. 30, 1997] Subpart 39.20 – Design and Equipment §39.20-1 Vapor Collection System–TB/ALL. (a) Each vapor collection system must meet the following requirements: (1) Except as allowed by paragraph (a)(3) of this section or the Commandant (G-MSO), vapor collection piping must be permanently installed, with the vessel's vapor connection located as close as practical to the loading manifold; (2) If the vessel collects vapors from incompatible cargoes simultaneously, it must keep the incompatible vapors separate throughout the entire vapor collection system; (3) A vessel certified to carry cargo listed in Table 151.05 of part 151 or Table 1 of part 153 of this chapter may have vapor connections located in the vicinity of each tank in order to preserve segregation of cargo systems, in lieu of common header piping; (4) A means must be provided to eliminate liquid condensate 82
which may collect in the system, such as draining and collecting liquid from each low point in the line; (5) Vapor collection piping must be electrically bonded to the hull and must be electrically continuous; and (6) An inerted tankship must have a means to isolate the inert gas supply from the vapor collection system. The inert gas main isolation valve required by SOLAS 74, as amended, chapter II-2, Regulation 62.10.8 may be used to satisfy this requirement. (b) The vapor collection system must not interfere with the proper operation of the cargo tank venting system. (c) An isolation valve capable of manual operation must be provided at the vessel vapor connection. The valve must have an indicator to show clearly whether the valve is in the open or closed position, unless the valve position can be readily determined from the valve handle or valve stem. (d) The last 1.0 meter (3.3 feet) of vapor piping before the vessel vapor connection must be: (1) Painted red/yellow/red with: (1)(i) The red bands 0.1 meter (0.33 feet) wide, and (1)(ii) The middle yellow band 0.8 meter (2.64 feet) wide; and (2) Labeled "VAPOR" in black letters at least 50 millimeters (2 inches) high. (e) Each vessel vapor connection flange must have a permanently attached 0.5 inch diameter stud at least 1.0 inch long projecting outward from the flange face. The stud must be located at the top of the flange, midway between bolt holes, and in line with the bolt hole pattern. (f) Each hose used for transferring vapors must: (1) Have a design burst pressure of at least 25 psig; (2) Have a maximum allowable working pressure of at least 5 psig; (3) Be capable of withstanding at least 2.0 psi vacuum without collapsing or constricting; (4) Be electrically continuous with a maximum resistance of ten thousand (10,000) ohms; (5) Have flanges with: (5)(i) A bolt hole arrangement complying with the requirements for 150 pound class ANSI B16.5 flanges, and (5)(ii) One or more 0.625 inch diameter holes in the flange located midway between bolt holes and in line with the bolt hole pattern; (6) Be abrasion resistant and resistant to kinking; and (7) Have the last 1.0 meter (3.3 feet) of each end of the vapor hose marked in accordance with paragraph (d) of this section. (g) Vapor hose handling equipment must be provided with hose saddles which provide adequate support to prevent kinking or collapse of hoses. [CGD 88-102, 55 FR 25446, June 21, 1990, as amended by CGD 95-072, 60 FR 50462, Sept. 29, 1995; CGD 96-041, 61 FR 50727, Sept. 27, 1996] §39.20-3 Cargo Gauging System–TB/ALL. (a) Each cargo tank of a tank vessel that is connected to a vapor collection system must be equipped with a cargo gauging device which: (1) Provides a closed gauging arrangement as defined in §151.15.10 of this chapter that does not require opening the tank to the atmosphere during cargo transfer; (2) Allows the operator to determine the liquid level in the tank for the full range of liquid levels in the tank; (3) Indicates the liquid level in the tank at the location where cargo transfer is controlled; and (4) If portable, is installed on the tank during the entire transfer operation. (b) Except when a tank barge complies with §39.20-9(a) of this part, each cargo tank of a barge must have a high level indicating device that: (1) Provides a visual indication of the liquid level in the cargo tank when the cargo level is within 1.0 meter (3.28 feet) of the tank top; (2) Has the maximum liquid level permitted under §39.30-1(e) of this part at even keel conditions conspicuously and permanently marked on the indicating device; and (3) Is visible from all cargo control areas on the tank barge. §39.20-7 Tankship Liquid Overfill Protection–T/ALL. (a) Each cargo tank of a tankship must be equipped with an intrinsically safe high level alarm and a tank overfill alarm. (b) The high level alarm and tank overfill alarm required by paragraph (a) of this section, if installed after July 23, 1990 must: (1) Be independent of each other; (2) Alarm in the event of loss of power to the alarm system or failure of electrical circuitry to the tank level sensor; and (3) Be able to be checked at the tank for proper operation prior to each transfer or contain an electronic self-testing feature which monitors the condition of the alarm circuitry and sensor. (c) The high level alarm required by paragraph (a) of this section must (1) Alarm before the tank overfill alarm, but no lower than 95 percent of tank capacity; (2) Be identified with the legend "High Level Alarm" in black letters at least 50 millimeters (2 inches) high on a white background; and (3) Have audible and visible alarm indications that can be seen and heard on the vessel where cargo transfer is controlled. (d) The tank overfill alarm required by paragraph (a) of this section must: (1) Be independent of the cargo gauging system; (2) Have audible and visible alarm indications that can be seen and heard on the vessel where cargo transfer is controlled and in the cargo deck area; (3) Be identified with the legend "TANK OVERFILL ALARM" in black letters at least 50 millimeters (2 inches) high on a white background; and (4) Alarm early enough to allow the person in charge of transfer 83
operations to stop the transfer operation before the cargo tank overflows. (e) If a spill valve is installed on a cargo tank fitted with a vapor collection system, it must meet the requirements of §39.20-9(c) of this part. (f) If a rupture disk is installed on a cargo tank fitted with a vapor collection system, it must meet the requirements of §39.20-9(d) of this part. §39.20-9 Tank Barge Liquid Overfill Protection–B/ALL. Each cargo tank of a tank barge must have one of the following liquid overfill protection arrangements. (a) A system meeting the requirements of §39.20-7 of this part which: (1) Includes a self-contained power supply; (2) Is powered by generators installed on the barge; or (3) Receives power from a facility and is fitted with a shore tie cable and a 120 volt 20 amp explosion-proof plug which meets: (3)(i) ANSI/NEMA WD6; (3)(ii) NFPA 70, Articles 410-57 and 501-12; and (3)(iii) §111.105-9 of this chapter. (b) An intrinsically safe overfill control system which: (1) Is independent of the cargo gauging device required by §39.20-3(a) of this part; (2) Actuates an alarm and automatic shutdown system at the facility overfill control panel, or on the vessel to be lightered if a lightering operation, 60 seconds before the tank becomes 100 percent liquid full; (3) Is able to be checked at the tank for proper operation prior to each loading; (4) Consists of components which, individually or in series, will not generate or store a total of more than 1.2 V, 0.1 A, 25 mW, or 20 microjoules; (5) Has at least one tank overfill sensor switch with normally closed contacts per cargo tank; (6) Has all tank overfill sensor switches connected in series; (7) Has interconnecting cabling that meets §111.105-15(b) of this chapter; and (8) Has a male plug with a 5 wire, 16 amp connector body meeting IEC 309-1/309-2 which is: (8)(i) Configured with pins S2 and R1 for the tank overfill sensor circuit, pin G connected to the cabling shield, and pins N and T3 reserved for an optional high level alarm circuit meeting the requirements of this paragraph; and (8)(ii) Labeled "Connector for Barge Overflow Control System" and with the total inductance and capacitance of the connected switches and cabling. (c) A spill valve which: (1) Meets ASTM F1271 (incorporated by reference, see §39.10-5) (2) Relieves at a pressure higher than the pressure at which the pressure relief valves meeting the requirements of §39.20-11 operate; (3) Limits the maximum pressure at the cargo tank top during liquid overfill, at the maximum loading rate for the tank, to not more than the maximum design working pressure for the tank; and (4) If the vessel is in ocean or coastwise service, has provisions to prevent opening due to cargo sloshing. (d) A rupture disk arrangement which meets paragraphs (c)(2), (c)(3) and (c)(4) of this section and is approved by the Commandant (G-MSO). [CGD 88-102, 55 FR 25446, June 21, 1990, as amended by CGD 95-072, 60 FR 50462, Sept. 29, 1995; CGD 96-041, 61 FR 50727, Sept. 27, 1996; 65 FR 58455, Sept. 29, 2000] §39.20-11 Vapor Overpressure And Vacuum Protection–
TB/ALL. (a) The cargo tank venting system required by §32.55 of this chapter must: (1) Be capable of discharging cargo vapor at 1.25 times the maximum transfer rate such that the pressure in the vapor space of each tank connected to the vapor collection system does not exceed: (1)(i) The maximum design working pressure for the tank, or (1)(ii) If a spill valve or rupture disk is fitted, the pressure at which the device operates; (2) Not relieve at a pressure corresponding to a pressure in the cargo tank vapor space of less than 1.0 psig; (3) Prevent a vacuum in the cargo tank vapor space, whether generated by withdrawal of cargo or vapor at maximum rates, that exceeds the maximum design vacuum for any tank connected to the vapor collection system; and (4) Not relieve at a vacuum corresponding to a vacuum in the cargo tank vapor space of less than 0.5 psi below atmospheric pressure. (b) Each pressure-vacuum relief valve must: (1) Be tested for venting capacity in accordance with paragraph 1.5.1.3 of API 2000; and (2) Have a means to check that the device operates freely and does not remain in the open position, if installed after July 23, 1991. (c) The relieving capacity test required by paragraph (b)(1) of this section must be carried out with a flame screen fitted at the vacuum relief opening and at the discharge opening if the pressure-vacuum relief valve is not designed to ensure a minimum vapor discharge velocity of 30 meters (98.4 ft.) per second. §39.20-13 High And Low Vapor Pressure Protection For Tankships–T/ALL. Each tankship vapor collection system must be fitted with a pressure sensing device that senses the pressure in the main vapor collection line, which: (a) Has a pressure indicator located on the vessel where the cargo transfer is controlled; and (b) Has a high pressure and a low pressure alarm that: 84
(1) Is audible and visible on the vessel where cargo transfer is controlled; (2) Alarms at a high pressure of not more than 90 percent of the lowest pressure relief valve setting in the cargo tank venting system; and (3) Alarms at a low pressure of not less than four inches water gauge (0.144 psig) for an inerted tankship, or the lowest vacuum relief valve setting in the cargo tank venting system for a non-
inerted tankship. Subpart 39.30 – Operations §39.30-1 Operational Requirements–TB/ALL. (a) Vapor from a tank vessel may not be transferred to: (1) A facility in the United States which does not have its letter of adequacy endorsed as meeting the requirements of 33 CFR part 154, subpart E; or (2) In the case of a lightering or topping off operation, a vessel which does not have its certificate of inspection or certificate of compliance endorsed as meeting the requirements of this part. (b) The pressure drop through the vapor collection system from the most remote cargo tank to the vessel vapor connection must be: (1) Determined for each cargo handled by the vapor collection system at the maximum transfer rate and at lessor transfer rates; (2) Based on a 50 percent cargo vapor and air mixture, and a vapor growth rate appropriate for the cargo being loaded; and (3) Included in the vessel's oil transfer procedures as a table or graph showing the liquid transfer rate versus the pressure drop. (c) If a vessel carries vapor hoses, the pressure drop through the hoses must be included in the pressure drop calculations required by paragraph (b) of this section. (d) The rate of cargo transfer must not exceed the maximum allowable transfer rate as determined by the lesser of the following: (1) Eighty (80) percent of the total venting capacity of the pressure relief valves in the cargo tank venting system when relieving at the set pressure required by §39.20-11(a) of this part; (2) The total vacuum relieving capacity of the vacuum relief valves in the cargo tank venting system when relieving at the set pressure required by §39.20-11(a) of this part; (3) The rate based on pressure drop calculations at which, for a given pressure at the facility vapor connection, or if lightering at the vapor connection of the vessel receiving cargo, the pressure in any cargo tank connected to the vapor collection system exceeds 80 percent of the setting of any pressure relief valve in the cargo tank venting system. (e) A cargo tank must not be filled higher than: (e)(1) 98.5 percent of the cargo tank volume; or (2) The level at which an overfill alarm complying with §39.20-7 or §39.20-9(b)(2) of this part is set. (f) A cargo tank must not be opened to the atmosphere during cargo transfer operations except as provided in paragraph (g) of this section. (g) A cargo tank may be opened to the atmosphere for gauging or sampling while a tank vessel is connected to a vapor control system if the following conditions are met: (1) The cargo tank is not being filled; (2) Except when the tank is inerted, any pressure in the cargo tank vapor space is first reduced to atmospheric pressure by the vapor control system; (3) The cargo is not required to be closed or restricted gauged by Table 151.05 of part 151 or Table 1 in part 153 of this chapter; and (4) For static accumulating cargo, all metallic equipment used in sampling or gauging is electrically bonded to the vessel before it is put into the tank, remains bonded to the vessel until it is removed from the tank, and if the tank is not inerted, a period of 30 minutes has elapsed since loading of the tank was completed. (h) For static accumulating cargo the initial transfer rate must be controlled in accordance with Section 7.4 of the OCIMF, International Safety Guide for Oil Tankers and Terminals, in order to minimize the development of a static electrical charge. (i) If cargo vapor is collected by a facility that requires the vapor from the vessel to be inerted in accordance with 33 CFR 154.820(a) or (b), the oxygen content in the vapor space of each cargo tank connected to the vapor collection system must not exceed 8 percent by volume at the start of cargo transfer. The oxygen content of each tank must be measured at a point one meter (3.28 feet) below the tanktop and at a point equal to one-
half of the ullage. Where tanks have partial bulkheads, the oxygen content of each area of that tank formed by each partial bulkhead must be measured at a point one meter (3.28 feet) below the tanktop and at a point equal to one-half of the ullage. (j) If the vessel is equipped with an inert gas system, the isolation valve required by §39.20-1(a)(6) of this part must remain closed during vapor transfer. (k) Unless equipped with an automatic self-test and circuit monitoring feature, each high level alarm and tank overfill alarm required by §39.20-7 or §39.20-9 of this part, on a cargo tank being loaded, must be tested at the tank for proper operation within 24 hours prior to the start of cargo transfer. [CGD 88-102, 55 FR 25446, June 21, 1990; 55 FR 39270, Sept. 26, 1990] Subpart 39.40–Lightering And Topping-Off Operations With Vapor Balancing §39.40-1 General Requirements For Vapor Balancing–
TB/ALL. (a) Except as provided in paragraph (b) of this section, each vessel which uses vapor balancing while conducting a lightering or topping-off operation must meet the requirements of this subpart in addition to the requirements of subparts 39.10, 39.20, and 39.30 of this part. (b) An arrangement to control vapor emissions during a lightering or topping-off operation which does not use vapor balancing must receive approval from the Commandant (G-MSO). (c) A vapor balancing operation must not use a compressor or blower to assist vapor transfer without approval from the Commandant (G-MSO). (d) Vapor balancing is prohibited when the cargo tanks on a vessel discharging cargo are inerted and the cargo tanks on a vessel receiving cargo are not inerted. (e) A vessel which intends to engage in a lightering or topping-off 85
operation while collecting cargo vapor from other than crude oil, gasoline, or benzene must receive specific approval from the Commandant (G-MSO). [CGD 88-102, 55 FR 25446, June 21, 1990; 55 FR 39270, Sept. 26, 1990, as amended by CGD 95-072, 60 FR 50462, Sept. 29, 1995; CGD 96-041, 61 FR 50727, Sept. 27, 1996] §39.40-3 Design And Equipment For Vapor Balancing–
TB/ALL. (a) If the cargo tanks on a vessel discharging cargo and a vessel receiving cargo are inerted, the service vessel must: (1) Have a means to inert the vapor transfer hose prior to transferring cargo vapor; and (2) Have an oxygen analyzer with a sensor or sampling connection fitted within 3 meters (9.74 ft.) of the vessel vapor connection which: (2)(i) Activates an audible and visible alarm at a location on the service vessel where cargo transfer is controlled when the oxygen content in the vapor collection system exceeds 8 percent by volume; (2)(ii) Has an oxygen concentration indicator located on the service vessel where the cargo transfer is controlled; and (2)(iii) Has a connection for injecting a span gas of known concentration for calibration and testing of the oxygen analyzer. (b) If the cargo tanks on a vessel discharging cargo are not inerted, the vapor collection line on the service vessel must be fitted with a detonation arrester that meets the requirements of 33 CFR 154.822(a) located within 3 meters (9.74 ft.) of the vessel vapor connection. (c) An electrical insulating flange or one length of non-conductive hose must be provided between the vessel vapor connection on the service vessel and the vapor connection on the vessel being lightered or topped-off. §39.40-5 Operational Requirements For Vapor Balancing–
TB/ALL. (a) During a lightering or topping-off operation each cargo tank being loaded must be connected by the vapor collection system to a cargo tank which is being discharged. (b) If the cargo tanks on both the vessel discharging cargo and the vessel receiving cargo are inerted, the following requirements must be met: (1) Each tank on a vessel receiving cargo which is connected to the vapor collection system must be tested prior to cargo transfer to ensure that the oxygen content in the vapor space does not exceed 8 percent by volume. The oxygen content of each tank must be measured at a point one meter (3.28 feet) below the tanktop and at a point equal to one-half of the ullage. Where tanks have partial bulkheads, the oxygen content of each area of that tank formed by each partial bulkhead must be measured at a point one meter (3.28 feet) below the tanktop and at a point equal to one-half of the ullage; (2) The oxygen analyzer required by §39.40-3(a) must be tested for proper operation prior to the start of each transfer operation; (3) The oxygen content of vapors being transferred must be continuously monitored during the transfer operation; (4) Cargo transfer must be terminated if the oxygen content exceeds 8 percent by volume and must not be restarted until the oxygen content in the tanks of the vessel receiving cargo is reduced to 8 percent by volume or less; and (5) The vapor transfer hose must be purged of air and inerted prior to starting vapor transfer. (c) The isolation valve, required by §39.20-1(c) of this part, located on the service vessel must not be opened until the pressure in the vapor collection system on the vessel receiving cargo exceeds the pressure in the vapor collection system on the vessel discharging cargo. (d) The cargo transfer rate must be controlled from the vessel discharging cargo, and must not exceed the maximum allowable transfer rate for the vessel receiving cargo. (e) The pressure in the vapor space of any cargo tank connected to the vapor collection line on either the vessel receiving cargo or the vessel discharging cargo must not exceed 80 percent of the lowest setting of any pressure relief valve during ballasting or cargo transfer. (f) All impressed current cathodic protection systems must be deenergized during cargo transfer operations. (g) Tank washing is prohibited unless the cargo tanks on both the vessel discharging cargo and the vessel receiving cargo are inerted or the tank is isolated from the vapor collection line. [CGD 88-102, 55 FR 25446, June 21, 1990; 55 FR 39270, Sept. 26, 1990] 86
Part 42–Domestic And Foreign Voyages By Sea Table Of Contents Subpart 42.01–Authority And Purpose Sec. 42.01-1 Authority For Regulations. 42.01-10 Purpose Of Regulations. Subpart 42.03–Application 42.03-10 Foreign Vessels Subject To This Subchapter. 42.03-15 The Great Lakes Of North America. 42.03-17 Special Load Line Marks For Vessels Carrying Timber Deck Cargo. 42.03-20 Equivalents. 42.03-30 Exemptions For Vessels. 42.03-35 U.S.-Flag Vessels And Canadian Vessels Navigating On Sheltered Waters Of Puget Sound And Contiguous West Coast Waters Of United States And Canada. Subpart 42.05–Definition Of Terms Used In This Subchapter 42.05-40 Great Lakes. 42.05-60 Recognized Classification Society. 42.05-65 Surveyor. Subpart 42.07–Control, Enforcement, And Rights Of Appeal 42.07-1 Load Lines Required. 42.07-5 Marks Placed On Vessel To Indicate Load Lines. 42.07-10 Submergence Of Load Line Marks. 42.07-15 Zones And Seasonal Areas. 42.07-35 American Bureau Of Shipping As An Assigning Authority. 42.07-40 Recognized Classification Society As An Assigning Authority. 42.07-43 Change In Assigning Authority. 42.07-45 Load Line Certificates. 42.07-50 Penalties For Violations. 42.07-55 Cancellation Of Load Line Certificates Or Exemption Certificates. 42.07-60 Control. 42.07-75 Right Of Appeal. Subpart 42.09–Load Line Assignments And Surveys–General Requirements 42.09-1 Assignment Of Load Lines. 42.09-15 Surveys By The American Bureau Of Shipping Or Assigning Authority. 42.09-20 Surveys Of Foreign Vessels. 42.09-25 Initial Or Periodic Survey Requirements For All Vessels. 42.09-30 Additional Survey Requirements For Steel-Hull Vessels. 42.09-35 Additional Survey Requirements For Wood-Hull Vessels. 42.09-40 Annual Surveys. 42.09-45 Correction Of Deficiencies. 42.09-50 Repairs Or Alterations To Vessel After It Has Been Surveyed. Subpart 42.11–Applications For Load Line Assignments, Surveys, And Certificates 42.11-1 General. 42.11-10 Applications For Load Line Assignments And Certificates For Vessels Other Than U.S.-Flag Vessels. 42.11-15 Application For Timber Load Lines. 42.11-20 Application For Annual Survey. Subpart 42.50–Load Line Certificates–Model Forms 42.50-10 Load Line Certificates For Nonadherent Foreign Flag Vessels. Authority: 46 U.S.C. 5101-5116; Department of Homeland Security Delegation No. 0170.1; section 42.01-5 also issued under the authority of 44 U.S.C. 3507. Subpart 42.01 – Authority And Purpose §42.01-1 Authority For Regulations. The statutory authority to prescribe rules and regulations requiring certain vessels to have and display load line marks indicating the maximum amidship draft to which such vessels may be safely loaded and certification thereof by the assigning authority is in 46 U.S.C. 5101-5116. [CGD 80-120, 47 FR 5721, Feb. 8, 1982, as amended by CGD 97-057, 62 FR 51043, Sept. 30, 1997] §42.01-10 Purpose Of Regulations. (a) The load line marks when placed on a vessel shall indicate the maximum amidships draft to which such vessel can be lawfully submerged, in the various circumstances and seasons applicable to such vessel. (b) This subchapter sets forth the uniform minimum requirements for load line marks on various categories of vessels. It also sets forth requirements for surveys relating to the assignment of load lines, the issuing of load line certificates by authorized issuing authorities, and the carriage of load line certificates aboard vessels. (c) The rules and regulations in this subchapter also provide for the enforcement of load line requirements and control over vessels when it is believed such vessels may be in violation of applicable load line requirements. [CGFR 68-60, 33 FR 10049, July 12, 1968, as amended by CGD 80-120, 47 FR 5721, Feb. 8, 1982] Subpart 42.03 – Application §42.03-10 Foreign Vessels Subject To This Subchapter. (a) General. All existing foreign merchant vessels of 150 gross tons or over, and new foreign vessels of 79 feet in length or more, loading at or proceeding from any port or place within the jurisdiction of the United States or its possessions for a foreign voyage by sea, or arriving within the jurisdiction of the United States or its possessions from a foreign voyage by sea, in both cases the Great Lakes excepted, are subject to 46 U.S.C. 5101-
5116, and the regulations in this part applicable to such service. All foreign merchant vessels of 150 gross tons or over, loading at or proceeding from any port or place within the United States on the Great Lakes of North America, or arriving within the jurisdiction of the United States on the Great Lakes, are subject to 46 U.S.C. 5101-5116 and the regulations in part 45 of this subchapter applicable to such service. (b) Canadian vessels. All vessels of Canadian registry and holding valid certificates issued pursuant to Canadian laws and regulations are assumed to be in compliance with the applicable provisions of 46 U.S.C. 5101-5116, the International Convention on Load Lines, 1966, and the regulations in this subchapter. (c) Vessels of countries signatory to or adhering to the 1966 Convention. The enforcement and control of load line requirements regarding vessels of countries signatory to or adhering to The International Convention on Load Lines, 1966, (the 1966 Convention) are as described in §42.07-60 in this part, 87
which is in accord with provisions of Article 21 of the 1966 Convention. Such vessels when holding currently valid certificates issued pursuant to the 1966 Convention, or recognized under such Convention, are assumed to be in compliance with the applicable provisions of such Convention. Such vessels are deemed to be in compliance with the load line requirements found to be equally effective as those established in this part and therefore in compliance with the applicable load line provisions of 46 U.S.C. 5101-5116, as amended, and the regulations in this part as authorized by such laws. Vessels engaged in navigation on the Great Lakes are subject to application of seasonal international marks as specified in Part 45 of this subchapter. (d) Vessels of countries not signatory to or adhering to the 1966 Convention. (1) Vessels of countries not signatory to or adhering to the 1966 Convention, when within the jurisdiction of the United States, shall be subject to 46 U.S.C. 5101-5116, and the regulations in this subchapter as authorized by such laws. (2) Vessels of countries signatory to or adhering only to International Load Line Convention, London, 1930 (the 1930 Convention), and holding valid certificates issued under that Convention, are subject to the applicable law described in paragraph (a) of this section and the regulations prescribed thereunder in this subchapter. [CGD 80-120, 47 FR 5722, Feb. 8, 1982, as amended by CGD 97-057, 62 FR 51043, Sept. 30, 1997; USCG-1998-4442, 63 FR 52190, Sept. 30, 1998] §42.03-15 The Great Lakes Of North America. (a) The term "Great Lakes of North America" means those waters of North America which are defined in §42.05-40, and in the exception in Article 5(2)(a) of the 1966 Convention. (b) The expressions in the regulations in this part, such as "voyages by sea," "proceed to sea," "arrive from the high seas," etc., shall be construed as having no application to voyages on the Great Lakes or portions thereof unless specifically provided otherwise in Part 45 of this subchapter. [CGFR 68-60, 33 FR 10050, July 12, 1968] §42.03-17 Special Load Line Marks For Vessels Carrying Timber Deck Cargo. (a) Certain vessels having load line marks not related to carriage of timber deck cargo may be assigned timber load lines if they are in compliance with the applicable requirements governing timber deck cargoes in this subchapter. The timber load lines apply and may be used only when the vessel is carrying timber deck cargo. (b) A new or existing vessel having timber load lines assigned to it, when carrying timber deck cargo, may be loaded to the vessel's timber load line applicable to the voyage and season. [CGFR 68-60, 33 FR 10050, July 12, 1968, as amended by CGD 80-120, 47 FR 5722, Feb. 8, 1982] §42.03-20 Equivalents. (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 a particular provision shall be made or arrangement shall be adopted, the assigning authority, with the prior approval of the Commandant, may accept in substitution therefor any other fitting, material, apparatus, or equipment or type thereof, or any other provision or arrangement: Provided, That it can be demonstrated by trial thereof or otherwise that the substitution is at least as effective as that required by the regulations in this subchapter. (b) In any case where it is shown to the satisfaction of the assigning authority and the Commandant that the use of any particular equipment, apparatus, or arrangement not specifically required by law is unreasonable or impracticable, appropriate alternatives may be permitted under such conditions as are consistent with the minimum standards set forth in this subchapter. [CGFR 68-60, 33 FR 10050, July 12, 1968] §42.03-30 Exemptions For Vessels. (a) For an individual vessel or category of vessels, upon the specific recommendation of the assigning authority, the Commandant may authorize an exemption from one or more load line requirements. Such recommendation and authorization will depend upon provision of any additional features as deemed necessary by the authorities to ensure the vessel's safety in the services and under the conditions specified in paragraph (b) of this section. (b) Exemptions from specific load line requirements for vessels meeting requirements of paragraph (a) of this section are authorized, subject to certain conditions, including type of voyage engaged in, as follows: (1) For vessels engaged on international voyages between the United States and near neighboring ports of its possessions or of foreign countries. The exemptions may be permitted because the requirements are deemed to be unreasonable or impracticable due to the sheltered nature of the waters on which the voyages occur or other conditions. These exemptions shall be valid only so long as such a vessel shall remain engaged on specific designated voyages. If the voyage involves a foreign country or countries, the United States will require an exemption agreement with such country or countries prior to the issuance of the appropriate load line certificate. (2) For vessels engaged on international voyages which embody features of a novel kind, and where nonexemption may seriously impede research, development, and incorporation of novel features into vessels. If the voyage or voyages intended involve a foreign country or countries, then the United States will require an exemption agreement with such country or countries prior to the issuance of a Load Line Exemption Certificate. If the Commandant grants an exemption pursuant to this paragraph (b)(2) to a U.S. flag vessel that operates on the Great Lakes of North America, he may notify the Chairman of the Board of Steamship Inspection of Canada of the nature of the exemption, but no special exemption certificate is issued. (3) For a vessel not normally engaged on international voyages but which is required to undertake a single international voyage under exceptional circumstances. (4) For self-propelled hopper dredges engaged on international voyages or on limited service domestic voyages by sea. These vessels may be exempt from applicable hatch cover requirements of §42.15-25 of this part by showing they meet the requirements in §174.310 of this chapter. When a Load Line Exemption Certificate is issued for this exemption, it must have an endorsement that only seawater is allowed in the vessel's hoppers. (c) A vessel given one or more exemptions from load line requirements under the provisions of paragraph (b)(1) of this section will be issued the appropriate load line certificate, using Form A1, A2, or A3. In each case the exemptions shall be specified on the load line certificate together with the Convention authority which authorizes such exemptions. (d) A vessel given one or more exemptions under the provisions of paragraph (b)(2) or (b)(3) of this section will be issued a Load Line Exemption Certificate, using Form E1. This certificate shall be in lieu of a regular load line certificate, and the vessel shall be considered as in compliance with applicable load line requirements. 88
(e) The Commandant may exempt from any of the requirements of this part a vessel that engages on a domestic voyage by sea or a voyage solely on the Great Lakes and embodies features of a novel kind, if the novel features and any additional safety measures required are described on the face of the issued certificate. (f) A vessel that is not usually engaged on domestic voyages by sea or on voyages on the Great Lakes but that, in exceptional circumstances, is required to undertake a single such voyage between two specific ports is– (1) Subject to 46 U.S.C. 5101-5116 and the applicable regulations of this subchapter; and (2) Issued a single voyage load line authorization by the Commandant that states the conditions under which the voyage may be made and any additional safety measures required for a single voyage. [CGFR 68-126, 34 FR 9011, June 5, 1969, as amended by CGD 73-49R, 38 FR 12289, May 10, 1973; CGD 76-080, 54 FR 36976, Sept. 6, 1989; USCG-1998-4442, 63 FR 52190, Sept. 30, 1998] §42.03-35 U.S.-Flag Vessels And Canadian Vessels Navigating On Sheltered Waters Of Puget Sound And Contiguous West Coast Waters Of United States And Canada. (a) In a Treaty between the United States and Canada proclaimed on August 11, 1934, the respective Governments were satisfied of the sheltered nature of certain waters of the west coast of North America. It was agreed to exempt vessels of the United States and Canadian vessels from load line requirements when such vessels engage on international voyages originating on, wholly confined to, and terminating on such waters. In Article I of this Treaty these waters are described as follows: "* * * the waters of Puget Sound, the waters lying between Vancouver Island and the mainland, and east of a line from a point 1 nautical mile west of the city limits of Port Angeles in the State of Washington to Race Rocks on Vancouver Island, and of a line from Hope Island, British Columbia, to Cape Calvert, Calvert Island, British Columbia, the waters east of a line from Cape Calvert to Duke Point on Duke Island, and the waters north of Duke Island and east of Prince of Wales Island, Baranof Island, and Chicagof Island, the waters of Peril, Neva, and Olga Straits to Sitka, and the waters east of a line from Port Althorp of Chicagof Island to Cape Spencer, Alaska, are sheltered waters * * *." (b) U.S.-flag vessels and Canadian vessels navigating on the treaty waters on a voyage as described in paragraph (a) of this section are by virtue of this Treaty of August 11, 1934, not subject to load line requirements in 46 U.S.C. 5101-5116, the 1966 Convention, and the regulations in this subchapter. Vessels navigating these sheltered waters and passing outside their boundary on any voyage cannot claim the benefits of this Treaty and shall be in compliance with the applicable load line requirements in 46 U.S.C. 5101-5116, the 1966 Convention, and the regulations in this subchapter. (c) Since subdivision requirements apply to all passenger vessels subject to the 1960 International Convention on Safety of Life at Sea, those passenger vessels navigating on the waters described in paragraph (a) of this section shall be in compliance with such 1960 Convention requirements and the regulations in part 46 of this subchapter. The Coast Guard issues to such a vessel a stability letter. The assigning authority is authorized to issue to such a passenger vessel an appropriate load line certificate, modified to meet the conditions governing her service assignment, and marking. [CGFR 68-60, 33 FR 10051, July 12, 1968, as amended by CGFR 68-126, 34 FR 9011, June 5, 1969; USCG-1998-4442, 63 FR 52190, Sept. 30, 1998] Subpart 42.05 – Definition Of Terms Used In This Subchapter §42.05-40 Great Lakes. (a) This term means the Great Lakes of North America. (b) As used in this part, the term solely navigating the Great Lakes includes any special service coastwise navigation performed by the vessel. (c) In concurrence with related Canadian regulations, the waters of the St. Lawrence River west of a rhumb line drawn from Cap de Rosiers to West Point, Anticosti Island, and west of a line along 63° W. longitude from Anticosti Island to the north shore of the St. Lawrence River shall be considered as a part of the Great Lakes. In addition, the Victoria Bridge, Montreal, Canada, is the dividing line between fresh water and salt water in the St. Lawrence River. [CGFR 68-60, 33 FR 10051, July 12, 1968, as amended by CGD 73-49R, 38 FR 12290, May 10, 1973] §42.05-60 Recognized Classification Society. The term recognized classification society means the American Bureau of Shipping or other classification society recognized by the Commandant, as provided in 46 U.S.C. 5107, and who also may be approved as a load line assigning and issuing authority. [CGFR 68-60, 33 FR 10052, July 12, 1968, as amended by USCG-1998-4442, 63 FR 52190, Sept. 30, 1998] §42.05-65 Surveyor. The term surveyor means any person designated by the American Bureau of Shipping or other classification society recognized by the Commandant as the person who actually examines the vessel and/or materials associated with such examination, and who ascertains such vessel complies with applicable load line requirements. [CGFR 68-60, 33 FR 10052, July 12, 1968] Subpart 42.07 – Control, Enforcement, And Rights Of Appeal §42.07-1 Load Lines Required. (a) The vessels listed in §§42.03-5 and 42.03-10 as subject to the applicable requirements in this subchapter shall have load lines accurately marked amidships, port and starboard, as provided in this part 42 or the 1966 Convention, unless otherwise stated. Those vessels issued load line exemption certificates may not be required to have load line marks (see §42.03-30). (b) For vessels marked with international load lines and navigating the Great Lakes, such vessels are also subject to requirements in part 45 of this subchapter while on the Great Lakes. See §45.9 of this subchapter for load line marks used by such vessels. (c) For Great Lakes vessels operating solely on Great Lakes voyages, the requirements for the applicable load line marks are in part 45 of this subchapter. Great Lakes vessels when making other international or unlimited coastwise voyages shall comply with the applicable requirements in parts 42, 44, and 45 of this subchapter. (d) For coastwise steam colliers, barges, and self-propelled barges in special services, the requirements for the applicable load line marks are in part 44 of this subchapter. These requirements also include certain regulations governing such vessels when they additionally engage in Great Lakes voyages, international voyages or unlimited coastwise voyages. Load line requirements in this part 42 also apply to such vessels when engaged on international or unlimited coastwise voyages. 89
(e) Existing U.S.-flag vessels, as defined in §42.05-30(a) of this chapter, engaged in international or coastwise voyages, may retain the load line assigned under previous regulations, provided: (1) The vessel has not been assigned a reduced freeboard under the regulations in this part 42, and (2) The form of the load line certificate issued to and carried on board the vessel conforms to the requirements of subpart 42.50 of this part or §44.05-35 or §46.10-30 of this chapter. (f) This part applies to foreign vessels of countries– (1) Signatory to or adhering to the 1966 Convention; (2) Adhering to the 1930 Convention and not acceding to the 1966 Convention, or; (3) Not adhering to either the 1930 Convention or the 1966 Convention but subject to the load line acts. [CGFR 68-60, 33 FR 10052, July 12, 1968, as amended by CGFR 68-126, 34 FR 9011, June 5, 1969; CGD 73-49R, 38 FR 12290, May 10, 1973; CGD 80-120, 47 FR 5722, Feb. 8, 1982] §42.07-5 Marks Placed On Vessel To Indicate Load Lines. (a) Load line marks to indicate the maximum amidship's draft to which a vessel can be lawfully submerged, in the various circumstances and seasons, shall be permanently marked on each side of the vessel in the form, manner, and location as required by this subchapter. (b) The load line marks placed on a vessel shall be attested to by a valid load line certificate as required by §42.07-45(b). The issuing authority shall not deliver any required load line certificate to the vessel until after its surveyor has ascertained that the vessel meets the applicable survey requirements and the correct placement of the marks on the vessel's sides has been confirmed. (c) The requirements for load line marks apply to all new and existing vessels as specified in §§42.03-5 and 42.03-10, except when a vessel has been issued a load line exemption certificate in lieu of a load line certificate. [CGFR 68-60, 33 FR 10052, July 12, 1968, as amended by CGFR 68-126, 34 FR 9012, June 5, 1969] §42.07-10 Submergence Of Load Line Marks. (a) Except as provided otherwise in this section, vessels of the types described in paragraphs (a)(1) through (a)(3) of this section shall not be so loaded as to submerge at any time when departing for a voyage by sea, or on the Great Lakes, or during the voyage, or on arrival, the applicable load lines marked on the sides of the vessel for the season of the year and the zone or area in which the vessel may be operating. (1) Merchant vessels of 150 gross tons or over, as described in §42.03-5 or §42.03-10, and on voyages subject to 46 U.S.C. 5101-5116. (2) All new vessels of 79 feet or over in length on voyages subject to the 1966 Convention. (3) All vessels of 150 gross tons or over, other than merchant vessels covered by paragraph (a)(1) of this section, on voyages subject to the 1966 Convention. (b) When loading a vessel in a favorable zone for a voyage on which the vessel will enter a less favorable zone, such allowances must be made that the vessel when crossing into the less favorable zone, will conform to the regulations and freeboard for the less favorable zone. (c) When a vessel is in fresh water of unit density, the appropriate load line may be submerged by the amount of the fresh water allowance shown on the applicable load line certificate. Where the density is other than unity, an allowance shall be made proportional to the difference between 1.025 and the actual density. This paragraph does not apply to vessels when navigating the Great Lakes. (d) When a vessel departs from a port situated on a river or inland waters, deeper loading shall be permitted corresponding to the weight of fuel and all other materials required for consumption between the port of departure and the sea. This paragraph does not apply to vessels when navigating the Great Lakes. [CGFR 68-60, 33 FR 10052, July 12, 1968, as amended by CGFR 68-126, 34 FR 9012, June 5, 1969; USCG-1998-4442, 63 FR 52190, Sept. 30, 1998] §42.07-15 Zones And Seasonal Areas. (a) A vessel subject to 46 U.S.C. 5101-5116 or the 1966 Convention shall comply, as applicable, with the requirements regarding the zones and seasonal areas described in subpart 42.30. (b) A port located on the boundary line between two zones or areas shall be regarded as within the zone or seasonal area from or into which the vessel arrives or departs. [CGFR 68-60, 33 FR 10053, July 12, 1968, as amended by USCG-1998-4442, 63 FR 52190, Sept. 30, 1998] §42.07-35 American Bureau Of Shipping As An Assigning Authority. (a) The American Bureau of Shipping, with its home office at ABS Plaza, 16855 Northchase Drive, Houston, TX 77060, is hereby appointed as the prime assigning and issuing authority under the provisions of Articles 13 and 16(3) of the 1966 Convention and as directed by 46 U.S.C. 5107. In this capacity the American Bureau of Shipping is empowered to assign load lines, to perform surveys required for load line assignments, and to determine that the position of and the manner of marking vessels has been done in accordance with applicable requirements. (b) On behalf of the United States of America, the American Bureau of Shipping is authorized to issue or reissue, under its own seal and signature of its officials, the appropriate load line certificates or International Load Line Exemption Certificate as described in subpart 42.50 of this part or in parts 44 to 46, inclusive, of this subchapter. Except for the International Load Line Exemption Certificate, the required load line certificate issued to a specific vessel shall certify to the correctness of the load line marks assigned and marked on the vessel and compliance with authorized conditions, restrictions, and/or exemptions, if any. The International Load Line Exemption Certificate when issued to a vessel shall certify as to the compliance with the information applicable to the vessel. (c) The designation and delegation to the American Bureau of Shipping as an assigning and issuing authority shall be in effect indefinitely unless for due cause it shall be terminated by proper authority and notice of cancellation is published in the FEDERAL REGISTER. (d) The American Bureau of Shipping is authorized to revalidate from time to time by endorsement a load line certificate or an International Load Line Exemption Certificate. (e) Before revalidating any certificate by endorsement, the American Bureau of Shipping shall verify that the required load line marks assigned are marked on the vessel and the vessel is in compliance with authorized conditions, restrictions, and/or exemptions, if any. 90
(f) The American Bureau of Shipping shall issue all load line certificates in duplicate; one copy shall be delivered to the owner or master of the vessel, and one copy (together with a summary of data used to determine the assigned load lines) shall be forwarded to the Commandant. (g) The American Bureau of Shipping shall prepare a load line survey report on each new vessel or existing vessel when brought into complete compliance with this part prior to issuing the required load line certificate described in subpart 42.50 of this part. At the time the certificate is delivered, one copy of this report shall be delivered to the master of the vessel, and one copy shall be forwarded to the Commandant. When a load line survey report is superseded or revised, one copy shall be delivered to the master of the vessel, and one copy shall be forwarded to the Commandant. (h) The load line survey report or stability information furnished to a specific vessel shall include a statement of the locations of all watertight subdivision bulkheads, including steps or recesses therein, which may be involved in the vessel's load line assignment. [CGFR 68-60, 33 FR 10053, July 12, 1968, as amended by CGFR 68-126, 34 FR 9012, June 5, 1969; CGD 80-143, 47 FR 25149, June 10, 1982; CGD 96-041, 61 FR 50727, Sept. 27, 1996; USCG-1998-4442, 63 FR 52190, Sept. 30, 1998; 65 FR 58455, Sept. 29, 2000] §42.07-40 Recognized Classification Society As An Assigning Authority. (a) On behalf of the United States of America, under the provisions of Articles 13 and 16(3) and as provided in 46 U.S.C. 5107, the Commandant, at the request of a shipowner, may appoint any other recognized classification society, which he may approve, as the assigning and issuing authority who shall perform the same functions and duties as indicated in §42.07-35 for the American Bureau of Shipping. (b) The appointment of a recognized classification society as the assigning and issuing authority will be limited to vessels specifically designated by the Commandant. [CGFR 68-60, 33 FR 10053, July 12, 1968, as amended by USCG-1998-4442, 63 FR 52190, Sept. 30, 1998] §42.07-43 Change In Assigning Authority. (a) If the owner desires a change in assigning and issuing authority for a vessel, a special request shall be made in writing to the Commandant at least 90 days prior to the expiration date of the present certificate or the annual endorsement thereon. (b) A change in the assigning authority does not presume any change in assigned load lines. [CGFR 68-60, 33 FR 10053, July 12, 1968] §42.07-45 Load Line Certificates. (a) The load line certificates for which the Government of the United States of America assumes full responsibility may be issued by the Commandant, the American Bureau of Shipping, or a recognized classification society when appointed as an authorized assigning and issuing authority for specifically designated vessels. (b) The load line certificate shall certify to the correctness of the load line marks assigned to the vessel and that the vessel is in compliance with applicable requirements. A certificate issued under this subchapter also shall describe the applicable load line marks, conditions, restrictions, and/or exemptions, if any, the vessel shall observe, according to the season of the year and the zone or area in which the vessel may operate. The load line exemption certificate issued under §42.03-30 shall certify the special conditions the vessel shall observe. (c) A load line assignment and certificate issued to any vessel under the authority of the regulations in this subchapter (or under the authority of any Government adhering to the 1966 Convention, under the provisions of Article 19(5) of the 1966 Convention) shall cease to be valid upon the transfer of such vessel to the flag of another Government. (d) Each loadline certificate is issued for the following length of time: (1) An international and coastwise certificate is issued for 5 years and may be extended by the Commandant up to 150 days from the date of the– (1)(i) Survey that is endorsed on the certificate by the surveyor authorized by the Coast Guard; or (1)(ii) Last day of the 5-year period. (2) A Great Lakes certificate is issued for 5 years and may be extended by the Commander, Ninth Coast Guard District, up to 365 days from date of the– (2)(i) Survey that is endorsed on the certificate by the surveyor authorized by the Coast Guard; or (2)(ii) Last day of the 5-year period. (e) The form of certificate certifying to the correctness of the load line marks, assigned under the regulations in this part, may be in the form of temporary or provisional certificate, signed by the authorized surveyor pending early issuance of appropriate certificate as shown in subpart 42.50 of this part as follows: (1) International Load Line Certificate, 1966, issued to U.S. vessels engaged in foreign voyages, or engaged in coastwise or intercoastal voyages (provided such vessels qualify to engage in foreign voyages without restriction), as follows: (1)(i) Form A1, For general use. (1)(ii) Form A2, For sailing vessels. (1)(iii) Form A3, For general use, combined with timber deck cargo. (2) Certificate issued to foreign vessels belonging to countries that have not ratified or acceded to the 1966 Convention as follows: (2)(i) Form B, For general use. (3) Coastwise load line certificate (other than for special service as provided for by part 44 of this subchapter) issued to U.S. vessels engaged solely in coastwise and/or intercoastal voyages (which may be subject to restrictions as to manning, routes, seasons, waters of operations, etc., as shown on the face of the certificate), as follows: (3)(i) Form C1, For general use. (3)(ii) Form C2, For sailing ships. (3)(iii) Form C3, For general use, combined with timber deck cargo. (f) The form of certificate certifying to the correctness of exemptions granted under the regulations in this part shall be as shown in subpart 42.50 of this part as follows: (1) International load line exemption certificate issued under special conditions to U.S.-flag vessels engaged in foreign voyages, as follows: (1)(i) Form E1, For general international use. 91
(1)(ii) Where this certificate is intended to expire after a single voyage, this information shall be noted on the face of the certificate. (2) International load line certificate Form A1, A2, or A3 issued under special conditions to U.S.-flag vessels on international voyages between the United States and near neighboring ports of its possessions or of foreign countries. Exemptions, if any, shall be specified on the certificate. (g) The issuing authority shall provide the printed forms it may use under the regulations in this subchapter. These forms shall be approved by the Commandant before final printing. The international load line certificate and exemption certificate forms shall exactly reproduce the arrangement of the printed part of the model Forms A1, A2, A3, and E1 indicated in subpart 42.50 of this part for all official copies and any certified copies issued. (h) Where a vessel qualifies for and is issued a Form E1 International Load Line Exemption Certificate for foreign voyages but is also or solely engaged in coastwise or intercoastal voyages by sea, this certificate shall be considered equivalent to a valid coastwise load line certificate. In such case the vessel shall be deemed in full compliance with 46 U.S.C. 5101-5116 and the regulations in this part promulgated thereunder. [CGFR 68-60, 33 FR 10054, July 12, 1968, as amended by CGFR 68-126, 34 FR 9012, June 5, 1969; CGD 73-49R, 38 FR 12290, May 10, 1973; CGD-74; 153, 39 FR 25324, July 10, 1974; CGD 80-120, 47 FR 5722, Feb. 8, 1982; CGD 96-006, 61 FR 35964, July 9, 1996; USCG-1998-4442, 63 FR 52190, Sept. 30, 1998] §42.07-50 Penalties For Violations. (a) The penalties for violation of various provisions of the load line acts or the regulations established thereunder are set forth in 46 U.S.C. 5116. The Secretary of Transportation by 49 CFR 1.46(b) has transferred to the Commandant authority to assess, collect, remit or litigate any monetary penalty imposed under these laws. (b) The master and/or owner of a vessel that is operated, navigated, or used in violation of the provisions of the load line acts, or the regulations in this subchapter will be subject to the penalties as set forth in law, and the vessel shall also be liable therefor. Depending upon the gravity of the violations, the Coast Guard may do any one or more of the following: (1) Detain a vessel if deemed to be overloaded in violation of title 46 U.S.C. 5112, in accordance with 46 U.S.C. 5113 and have the vessel surveyed by three disinterested surveyors. (2) Assess and collect applicable monetary penalties for certain violations as provided in 46 U.S.C. 5112 and 5116. (3) Initiate a criminal prosecution for certain violations when required by 46 U.S.C. 5112 or 5116. (4) Initiate an action of libel against the vessel involved if there is a failure to pay monetary penalties assessed. (5) Initiate a suspension or revocation proceeding, in addition to the foregoing actions described in this paragraph against any officer or seaman holding a valid Coast Guard license or merchant mariner's document and who may violate any provision of the load line acts, the 1966 Convention, or the regulations in this subchapter, under the provisions of 46 U.S.C. Chapter 77, and the regulations in 46 CFR part 5. (c) In determining offenses, 46 U.S.C. 5116 provides that 'Each day of a continuing violation is a separate violation' and (d) The procedures governing the assessment, collection, remission and litigation of any monetary penalty proposed under 46 U.S.C. 5116 for a violation of either load line law or the applicable regulations in this subchapter, as well as the appeal procedures to be allowed, are in 33 CFR subpart 1.07. [CGFR 68-60, 33 FR 10054, July 12, 1968, as amended by CGFR 68-126, 34 FR 9012, June 5, 1969; CGD 80-120, 47 FR 5722, Feb. 8, 1982; CGD 97-057, 62 FR 51043, Sept. 30, 1997] §42.07-55 Cancellation Of Load Line Certificates Or Exemption Certificates. (a) Since vessels described in §42.03-5 or §42.03-10 when found qualified are issued appropriate load line certificates or load line exemption certificates, under U.S. responsibility as indicated in §42.07-45 such certificates may be canceled by proper U.S. authority for due cause, including one or more of the causes listed in paragraph (b) of this section. Such action may occur prior to the expiration date on the certificate and normal certificate surrender. The cancellation of such certificate means that the correctness of load line marks and compliance with conditions of assignment for the named vessel no longer are recognized by the United States and that the existing assigned load line marks are voided. (b) Certain causes for automatic cancellation of certificates are: (1) The conditions of assignment have not been maintained as required by this subchapter. (2) Material alterations have taken place in the hull or superstructure of the vessel, which will necessitate the assignment of an increased freeboard. (3) The fittings and appliances have not been maintained in an effective condition for the protection of openings, guardrails, freeing ports, and means of access to crew's quarters. (4) The structural strength of the vessel is lowered to such an extent that the vessel is unsafe. (5) The load line certificate or International Load Line Exemption Certificate is not endorsed to show the vessel has been surveyed annually or periodically by the issuing authority as required by this part or the 1966 Convention. (6) Issuance of a new load line certificate for the same vessel. (7) Surrender of a certificate for cancellation when required. (8) The owner, master, or agent of the vessel has furnished false or fraudulent information in or with the application for a certificate. [CGFR 68-60, 33 FR 10054, July 12, 1968, as amended by CGFR 68-126, 34 FR 9012, June 5, 1969] §42.07-60 Control. (a) The District Director of Customs or the Coast Guard District Commander may detain a vessel for survey if there is reason to believe that the vessel is proceeding on her journey in excess of the draft allowed by the regulations in this subchapter as indicated by the vessel's load line certificate, or otherwise. The Coast Guard District Commander may detain a vessel if it is so loaded as to be manifestly unsafe to proceed to sea. (b) If the District Director of Customs orders a vessel detained, he shall immediately inform the Coast Guard District Commander thereof, who shall thereupon advise the District Director of Customs whether or not he deems that the vessel may proceed to sea with safety. If the Coast Guard District Commander orders a vessel detained, such officer will furnish the District Director of Customs immediate notification of such detention. The clearance shall be refused to any vessel which shall have been ordered detained, which shall be in effect until it is shown that the vessel is not in violation of the applicable law and the regulations in this subchapter. (1) Where a vessel is detained for noncompliance with "material 92
alteration" and "effective maintenance" requirements of paragraph (f)(1) of this section, the detention shall only be exercised insofar as may be necessary to ensure that the vessel can proceed to sea without danger to passengers or crew. (c) The detention of a vessel will be by written order of either the Coast Guard District Commander or the District Director of Customs, depending on who orders the detention. The Coast Guard District Commander will immediately arrange for a survey in the manner prescribed by 46 U.S.C. 5113. Unless the owner or agent waives in writing and stipulates to accept the Coast Guard's survey, the Coast Guard District Commander shall appoint three disinterested surveyors and, where practicable, one of them shall be from the Surveying Staff of the American Bureau of Shipping. Such surveyors shall conduct a survey to ascertain whether or not the vessel is loaded in violation of the applicable provisions in the load line acts, and the regulations in this subchapter. If the survey confirms the allegation that the vessel is in violation of either law or the applicable regulations in this subchapter, "the owner and agent shall bear the costs of the survey in addition to any penalty or fine imposed", as provided in these laws. (d) Whenever a vessel is detained, the master or owner may, within 5 days, appeal to the Commandant who may, if he desires, order a further survey, and may affirm, set aside, or modify the order of the detaining officer. (e) Where a foreign vessel is detained or intervention action of any other kind is taken against a foreign vessel, the officer carrying out the action shall immediately inform in writing the Consul or the diplomatic representative of the State whose flag the vessel is flying, of the decision involved together with all pertinent circumstances under which intervention was deemed necessary. (f) Under 46 U.S.C. 5109 a vessel of a foreign country which has ratified the 1966 Convention, or which holds a recognized and valid 1930 Convention certificate, or which holds a valid Great Lakes Certificate, shall be exempt from the provisions of the regulations in this subchapter insofar as the marking of the load lines and the certificating thereof are concerned, so long as such country similarly recognizes the load lines established by this subchapter for the purpose of a voyage by sea subject to the proviso in paragraph (f)(1) of this section or the alternative proviso in paragraph (f)(2) of this section. (1) If the foreign vessel is marked with load lines and has on board a valid International or Great Lakes Load Line Certificate certifying to the correctness of the marks, the control provisions in this part which are in accord with Article 21 of the 1966 Convention shall be observed. In this connection, the vessel shall not be loaded beyond the limits allowed by the certificate. The position of the load lines on the vessel shall correspond with the certificate. The vessel shall not have been so materially altered as to make the vessel manifestly unfit to proceed to sea without danger to human life, in regard to: (1)(i) The hull or superstructure (if necessitating assignment of an increased freeboard); and/or, (1)(ii) The appliances and fittings for protection of openings, guardrails, freeing ports, and means of access to crew's quarters (if necessitating replacement or other effective maintenance). (2) (Alternatively provided) If the foreign vessel has on board an International Load Line Exemption Certificate in lieu of an International Load Line Certificate, 1966, in such case, verify that it is valid and any conditions stipulated therein are met. (g) A foreign vessel of a nation for which the 1966 Convention has not come into force does not qualify for an International Load Line Certificate, 1966. In lieu thereof, such a vessel shall be required to have on board a valid Form B load line certificate or a recognized 1930 Convention certificate. [CGFR 68-60, 33 FR 10055, July 12, 1968, as amended by CGFR 68-126, 34 FR 9012, June 5, 1969; USCG-1998-4442, 63 FR 52190, Sept. 30, 1998] §42.07-75 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 42.09–Load Line Assignments And Surveys–General Requirements §42.09-1 Assignment Of Load Lines. (a) The assignment of load lines is conditioned upon the structural efficiency and satisfactory stability of the vessel, and upon the provisions provided on the vessel for her effective protection and that of the crew. Certain vessels, such as vessels carrying all their cargo as deck cargo, or vessels where design or service require special conditions to be applicable, shall have certain stability limitations imposed on them, as may be necessary. When stability limitations for a vessel are prescribed, the assigning authority shall furnish the master the vessel's maximum draft permitted and other conditions, including reference to Commandant approved operating stability features, which may be applicable. (1) No load line assignment shall be made under this part to a vessel proceeding on a foreign voyage, or where the load line assignment is related to the flooded stability provisions and the vessel is proceeding on a domestic voyage, until the applicable light ship characteristics are established and incorporated into the vessel's stability data approved by the Commandant and furnished to the master of the vessel. (2) If load line assignments are made to vessels for coastwise voyages before the results of the required stability characteristics are determined and incorporated into the vessel's stability data approved by the Commandant, then such load line assignments shall be regarded as conditional and shall be subject to verification or modification for removal of the conditional status. Any vessel with a conditional load line assignment shall not be loaded beyond a conservative safe draft. Where the Commandant deems it unnecessary, the requirement for furnishing stability information to the masters of coastwise vessels assigned load lines not related to flooded stability may be omitted and the assigning authority and others concerned will be so notified. (b) Each vessel subject to load line requirements shall carry on board a valid certificate attesting to compliance with such requirements. (See §§42.07-35 and 42.07-40 for additional data furnished to the vessel.) (c) The master of the vessel for which a load line certificate has been issued shall be responsible for the maintenance of such certificate on board such vessel and for compliance with its terms and conditions. Additionally, the master shall be responsible for having the current load line survey report on board the vessel. This report shall be made available to surveyors when carrying out subsequent load line surveys. [CGFR 68-60, 33 FR 10055, July 12, 1968, as amended by CGFR 68-126, 34 FR 9012, June 5, 1969] §42.09-15 Surveys By The American Bureau Of Shipping Or Assigning Authority. (a) General. Before issuing a certificate or placement of load line marks on a vessel, the assigning and issuing authority shall make an initial or periodic survey of the vessel as required by this subchapter. A load line survey report shall be made, reflecting information and facts based on initial surveys, including required and special elements as may be deemed necessary by the assigning authority or the Commandant. 93
(b) Initial survey. An initial survey shall be made before the vessel is put in service or the first time the assigning authority is requested to survey a vessel. The survey shall include a complete examination of its structure and equipment insofar as required by the applicable requirements in this subchapter. This survey shall be such as to ensure that the arrangements, materials, scantlings, and subsequent placement of load line marks fully comply with applicable requirements. (c) Periodical survey. A periodical survey shall be made at intervals not exceeding five (5) years from an initial or previous periodic survey. The survey shall be similar to the initial survey insofar as extent and purpose are concerned. (1) If the load line marks are found to be correct for the condition the vessel is then in, the assigning and issuing authority shall issue a new load line certificate, valid for such time as the condition of the vessel then warrants but in no case for a period of longer than 5 years. If, after a survey has been passed, a loadline certificate can not be issued before the current certificate expires, the current certificate may be extended by an endorsement in accordance with the requirements contained in §42.07-45(d). This endorsement of the assigning authority shall be placed on the back of the certificate, as shown on the forms in subpart 42.50. However, if there have been alterations which affect the vessel's freeboards, such extension shall not be granted. This prohibition is the same as in Article 19(2) of the 1966 Convention. (2) The periodical survey, including certificate extension or reissue, for a vessel holding an international load line exemption certificate for more than one voyage, shall be the same as for any other vessel covered by this section except for load line marks. However, other conditions specified in the exemption certificate shall be verified. (d) Annual surveys for endorsements. Vessels subject to initial and periodic surveys shall have annual surveys, within 3 months either way of the certificate's anniversary date. The annual surveys shall be made by and prove satisfactory to the assigning and issuing authority prior to executing the required annual endorsements on load line certificates or exemption certificates. The scope shall be as defined in §42.09-40 and such as to ensure that the applicable load line marks are found to be correct for the condition the vessel is then in. [CGFR 68-60, 33 FR 10056, July 12, 1968, as amended by CGFR 68-126, 34 FR 9012, June 5, 1969; CGD 73-49R, 38 FR 12290, May 10, 1973] §42.09-20 Surveys Of Foreign Vessels. (a) General. Foreign vessels of countries which have not ratified or acceded to the 1966 Convention, or which do not have valid certificates issued under other international convention or treaty and recognized by the United States of America, if desiring to depart from a port or place in the United States, the Commonwealth of Puerto Rico, the Territory of Guam, or other U.S. possessions, shall be subjected to survey, marking, and certification by a load line assigning and issuing authority as authorized under §42.07-35 or §42.07-40, unless: (1) The vessel is exempted by the provision of 46 U.S.C. 5102; or (2) The vessel is under tow and carrying neither passengers nor cargo. (b) Scope of survey. A periodical survey described in §42.09-
15(c) shall be conducted by and prove satisfactory to the assigning and issuing authority. It shall be made prior to issue or reissue of the applicable certificate. (c) Certification of load lines. The assigning and issuing authority after determining the vessel meets the applicable requirements in this part may issue a load line certificate subject to requirements in §42.07-45 and on the applicable form described in subpart 42.50 of this part: Provided, That the load line certificate issued shall be valid for a period of 1 year. The certificate may be revalidated by endorsement for additional 1 year periods if the condition of the vessel so warrants, but in any event the certificate shall become void five (5) years from date of issue, or at the expiration of the fourth (4th) yearly validation, whichever occurs first. Whenever the condition of the vessel warrants special limitations, such information and facts shall be attested to on the front or back of the certificate as necessary, by the assigning and issuing authority. [CGFR 68-60, 33 FR 10056, July 12, 1968, as amended by CGFR 68-126, 34 FR 9013, June 5, 1969; CGD 80-120, 47 FR 5723, Feb. 8, 1982; USCG-1998-4442, 63 FR 52190, Sept. 30, 1998] §42.09-25 Initial Or Periodic Survey Requirements For All Vessels. (a) Before a survey may be completed, the vessel shall be placed in a drydock or hauled out. The surveyor shall be given complete access to all parts of the vessel to ensure that the vessel complies with all applicable requirements. (b) The surveyor shall examine on all vessels the items, etc., listed in this paragraph to determine if in satisfactory condition and meeting applicable requirements in this subchapter. (1) Cargo hatch coamings, covers, beams and supports, gaskets, clamps, locking bars, tarpaulins, battens, cleats and wedges of hatches on exposed freeboard, quarter and superstructure decks, and elsewhere as may be necessary. (2) Structure of the vessel, coamings, closures, and all means of protection provided for openings, such as for ventilators, companionways, machinery casings, fiddleys, funnels, enclosed superstructures on the freeboard deck (and their end bulkheads) or equivalent protective deck houses, openings in the freeboard and superstructure decks, and significant openings at higher levels in the vessel. (3) Transverse watertight subdivision bulkheads, as fitted, including any openings therein and closures for such openings. They shall be examined throughout their vertical and transverse extent. (4) All air-pipe outlets, their closures, all scuppers, and all sanitary discharges in the vessel's sides, including nonreturn valves installed. (5) The main and auxiliary sea inlets and discharges in the machinery space, and elsewhere if existent, and the valves and controls for these items. (6) All gangways, cargo ports, and airports, including dead covers or other similar openings in the vessel's sides and their closures. (7) All guardrails, bulwarks, gangways, and freeing port shutters, including securing devices, and bars. (8) All eye plates or similar fittings for timber (or other) deck-cargo lashings, including the lashings, sockets for uprights and protective devices as may be necessary for ventilators and steering arrangements. [CGFR 68-60, 33 FR 10056, July 12, 1968, as amended by CGFR 68-126, 34 FR 9013, June 5, 1969] §42.09-30 Additional Survey Requirements For Steel-Hull Vessels. (a) In addition to the requirements in §42.09-25, the surveyor of the assigning authority shall examine the items, etc., listed in this section, to determine if in satisfactory condition and meeting applicable requirements in this subchapter. 94
(b) When the vessel is in drydock, the hull plating, etc., shall be examined. (c) The holds, 'tween decks, peaks, bilges, machinery spaces, and bunkers shall be examined to determine the condition of the framing, etc. (d) The deep tanks and other tanks which form part of the vessel shall be examined internally. (e) If a double bottom is fitted, the tanks normally shall be examined internally. Where double bottom and other tanks are used for fuel-oil bunkers, such tanks need not be cleaned out, if the surveyor is able to determine by an external examination that their general condition is satisfactory. (f) The deck shall be examined. (g) Where, owing to the age and condition of the vessel or otherwise, the surveyor deems it necessary, the shell and deck plating may be required to be drilled or other acceptable means used, in order to ascertain the then thickness of such plating. [CGFR 68-60, 33 FR 10057, July 12, 1968] §42.09-35 Additional Survey Requirements For Wood-Hull Vessels. (a) In addition to the requirements in §42.09-25, the surveyor of the assigning authority shall examine the items, etc., listed in this section, to determine if in satisfactory condition and meeting the applicable requirements in this subchapter. (b) When the vessel is in drydock or hauled out, the keel, stem, stern frame or sternpost, outside planking, and caulking shall be examined. (c) The fasteners shall be examined. Bolts, screws, or equivalent fastenings, as deemed necessary by the surveyor, must be backed out, or otherwise dealt with, to ensure soundness. (d) The holds, 'tween decks, peaks, bilges, machinery spaces, and bunkers shall be examined. (e) The entire structure, including decks, shall be examined. If considered necessary by the surveyor, borings shall be made, or other means may be used, to ascertain the condition of the materials. Should these measures disclose sufficient cause, further examination to satisfy the surveyor as to the true condition shall be made and check locations listed. This list shall be submitted to the assigning and issuing authority for record purposes, and for use in subsequent surveys. [CGFR 68-60, 33 FR 10057, July 12, 1968]
§42.09-40 Annual Surveys. (a) Relative to §§42.09-15(d) and 42.09-20(c), the assigning and issuing authority shall make an annual survey of each vessel holding an appropriate certificate issued under this subchapter. (b) The annual survey shall be of such scope and extent so as to ensure: (1) The maintenance in an effective condition of the fittings and appliances for the: (1)(i) Protection of openings; (1)(ii) Guardrails; (1)(iii) Freeing ports; and, (1)(iv) Means of access to crew's quarters. (2) That there have not been alterations made to the hull or superstructure which would affect the calculations determining the position of the load line marks. (c) The assigning and issuing authority shall report on the annual survey made to the owner of the vessel. [CGFR 68-60, 33 FR 10057, July 12, 1968 as amended by CGD 80-143, 47 FR 25149, June 10, 1982] §42.09-45 Correction Of Deficiencies. (a) During and after any survey made by the assigning and issuing authority, those items, fittings, etc., which are found to be in an unsatisfactory condition by the surveyor shall be repaired or renewed in order to place the vessel in a satisfactory condition. (b) No load line certificate shall be issued, endorsed, extended, or reissued or delivered to a vessel subject to this subchapter until after unsatisfactory conditions have been corrected as required by paragraph (a) of this section. [CGFR 68-60, 33 FR 10057, July 12, 1968, as amended by CGFR 68-126, 34 FR 9013, June 5, 1969] §42.09-50 Repairs Or Alterations To Vessel After It Has Been Surveyed. (a) After any survey of the vessel made under §§42.09-25 to 42.09-40, inclusive, as applicable, has been completed and deficiencies corrected as provided in §42.09-45, no change shall be made in the vessel's structure, equipment, arrangement, material, or scantlings as covered by such survey, without the prior specific approval of the assigning and issuing authority. (b) To avoid a freeboard or other penalty, any vessel which undergoes repairs, alterations, or modifications, including outfitting related thereto, shall continue to comply with the applicable requirements consistent with the load line certificate held. (c) An existing vessel, which had a load line assigned under previous regulations which undergoes repairs, alterations, or modifications of a major character, shall meet the requirements for a new vessel in this part insofar as the assigning and issuing authority and the Commandant deem reasonable and practicable. [CGFR 68-60, 33 FR 10057, July 12, 1968, as amended by CGD 80-120, 47 FR 5723, Feb. 8, 1982] Subpart 42.11 – Applications for Load Line Assignments, Surveys, and Certificates §42.11-1 General. (a) As described in this subchapter under §§42.07-35, 42.07-40, 42.09-15, and 42.09-20, the American Bureau of Shipping or other recognized classification societies approved as load line assigning and issuing authorities perform the duties connected with making load line assignments to vessels. (b) The Commandant is responsible for the administration of the load line acts, the 1966 Convention, other treaties regarding load lines, and the implementing regulations in this subchapter which include prescribed form and content of applicable load line certificates. (c) Except in special instances for Coast Guard vessels, the Commandant does not perform the duties of a load line assigning authority. [CGFR 68-60, 33 FR 10057, July 12, 1968, as amended by CGFR 68-126, 34 FR 9013, June 5, 1969; CGD 80-120, 47 FR 5723, Feb. 8, 1982] §42.11-10 Applications For Load Line Assignments And Certificates For Vessels Other Than U.S.-Flag Vessels. (a) The application for the assignment of load lines and certificate for a foreign vessel belonging to (or which will belong to) either a country ratifying or acceding to the International Convention on 95
Load Lines, 1966, or to a country with which the United States of America has a reciprocal load line agreement in effect shall be made by the Government whose flag the vessel flies, or will fly. The application may be made direct to the American Bureau of Shipping, or after receiving the Commandant's approval, to a recognized classification society which that country has requested as an assigning and issuing authority. When the load line assignment and certificate are authorized pursuant to the requirements in this part, the certificate must contain a statement that it has been issued at the request of a specific Government, which shall be named therein. (1) When the load line assignment is performed under the applicable regulations in this subchapter, the assigning and issuing authority shall transmit to the requesting Government at the earliest practicable date, one copy of each certificate issued, the load line survey report used for computing the freeboard, and the freeboard computations. For information, the assigning and issuing authority shall also notify the Commandant of the names of the vessel and the Government involved and the date and place where the work was done. (b) For a foreign vessel of a country not included in paragraph (a) of this section, the owner, master, or agent normally shall apply in writing to the American Bureau of Shipping, or to any other recognized assigning and issuing authority after it has been approved by the Commandant, for the assignment, survey, and certification of load lines, or for reissue of a load line certificate, as may be necessary for the vessel to clear ports of the United States, the Commonwealth of Puerto Rico, the Territory of Guam, or other U.S. possessions. Normally the same requirements, conditions, procedures, distribution of applicable certificates, etc., shall be applied to such foreign vessels which are applied to similar U.S.-flag vessels of 150 gross tons or over. [CGFR 68-60, 33 FR 10058, July 12, 1968, as amended by CGFR 68-126, 34 FR 9013, June 5, 1969] §42.11-15 Application For Timber Load Lines. (a) The owner, master, or agent of a vessel having load lines assigned under this subchapter may apply to the assigning and issuing authority for timber load lines when making his application for a load line certificate. After the vessel has been found in compliance with the applicable requirements in this subchapter, it may be marked with timber load lines, which will also be certified to in the load line certificate. [CGFR 68-60, 33 FR 10058, July 12, 1968, as amended by CGFR 68-126, 34 FR 9013, June 5, 1969] §42.11-20 Application For Annual Survey. (a) The owner, master, or agent of a vessel holding a load line certificate shall apply to the assigning and issuing authority who issued the certificate for the annual survey required by §42.09-40 or the International Convention on Load Lines, 1966. [CGFR 68-60, 33 FR 10058, July 12, 1968] §42.50-10 Load Line Certificates For Nonadherent Foreign Flag Vessels. (a) The form of load line certificate certifying to the correctness of the load line marks assigned under the regulations in this subchapter to nonadherent foreign flag vessels as specified in §42.07-45(e)(2) is: (1) Form B for general use. The period of validity shall be as expressed in §42.09-20(c). (b) The text and arrangement of the printed portion of Form B shall be identical with the information on the face and reverse sides of Form A1 certificate in §42.50-5(b) except for title of certificate, model form, the first paragraph, and the wording of the certificate for issuance and revalidation, which shall be as follows: 96
[CGFR 68-126, 34 FR 9017, June 5, 1969]
97
Part 46–Subdivision Load Lines For Passenger Vessels Table Of Contents Subpart 46.01–Purpose Sec. 46.01-1 Purpose. 46.01-15 Application Of Regulations. 46.01-20 Penalties For Violations. Subpart 46.05–Definitions Used In This Part 46.05-1 Passenger Vessel. 46.05-10 Foreign Voyage. 46.05-15 Coastwise Voyages. 46.05-20 Great Lakes Voyage. 46.05-25 New Passenger Vessel. 46.05-30 Existing Passenger Vessel. Subpart 46.10–Administration 46.10-1 Relaxation From Regulations. 46.10-5 Load Line Requirements For Subdivision. 46.10-10 Marks To Indicate Subdivision Load Lines. 46.10-15 Survey For The Establishment And Renewal Of Subdivision Load Line Marks. 46.10-20 Application For The Assignment And Renewal Of Subdivision Load Lines. 46.10-25 Equivalents. 46.10-30 Subdivision Load Line Certificates. 46.10-35 Validity Of Subdivision Load Line Certificates. 46.10-40 Nonsubmergence Subdivision Load Line (Great Lakes). 46.10-45 Nonsubmergence Subdivision Load Lines In Salt Water. 46.10-50 Drills And Inspections. 46.10-55 Logbook Entries. 46.10-60 Control. 46.10-65 Construction. 46.10-70 Plans And Inspections Of New And Converted Vessels. Subpart 46.15–Subdivision Load Lines For Passenger Vessels Engaged In Foreign, Coastwise, And Great Lakes Voyages 46.15-1 Procedure For Determination Of Subdivision Load Line. 46.15-5 Engineering Requirements. 46.15-10 Subdivision Load Lines. Authority: 46 U.S.C. 3306; 46 U.S.C. 5101-5116; E.O. 12234, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. [SOURCE: CGFR 65-50, 30 FR 16769, Dec. 30, 1965, unless otherwise noted.] Subpart 46.01 -- Purpose §46.01-1 Purpose. (a) The purpose of the regulations in this part is to set forth uniform minimum requirements applicable to passenger vessels required to have subdivision load lines. These requirements deal with the following: (1) Load line requirements applicable before a passenger vessel will be marked with and certificated as to subdivision load lines. (2) Assigning, marking, and recording of subdivision load lines. (3) Administration of subdivision load lines. (4) Application of requirements to passenger vessels. §46.01-15 Application Of Regulations. (a) The regulations in this part establish subdivision load lines required on passenger vessels engaged in foreign voyages, as well as on passenger vessels of 150 gross tons or over engaged in coastwise or Great Lakes voyages. (b) When engaged in voyages subject to this part, no passenger vessel required to be marked with subdivision load lines shall depart from or arrive at any port or place under the jurisdiction of the United States, nor shall such United States vessel operate on the high seas nor the Great Lakes, unless such vessel has been marked with subdivision load lines in accordance with the regulations in this part, has on board a valid certificate certifying to the correctness of the location of such subdivision load line marks, and is otherwise in compliance with the applicable requirements of law and regulations in this part. (c) No passenger vessel of the United States of 150 gross tons or over and subject to 46 U.S.C. 5101-5116, shall engage in coastwise voyages or voyages on the Great Lakes unless such vessel has been marked with subdivision load lines in accordance with the regulations in this part and has on board a valid certificate certifying to the correctness of the location of such subdivision load line marks. (d) No foreign passenger vessel belonging to a country that has ratified or acceded to the applicable International Convention for Safety of Life at Sea shall arrive or depart from any port or place under the jurisdiction of the United States, and no foreign passenger vessel subject to 46 U.S.C. 5101-5116, shall arrive or depart from any port or place under the jurisdiction of the United States, including ports on the Great Lakes, unless that vessel has been marked with subdivision load lines in accordance with the regulations in this part and has on board a valid certificate certifying to the correctness of the location of such subdivision load line marks. (e) Subdivision load lines shall be marked on both sides of passenger vessels where determined and in a manner described in subpart 46.15 as applicable to the vessel's service. The subdivision load line certificates shall be in accordance with §§46.10-30 and 46.10-35. [CGFR 65-50, 30 FR 16769, Dec. 30, 1965 as amended by CGD 80-120, 47 FR 5723, Feb. 8, 1982; CGD 97-057, 62 FR 51044, Sept. 30, 1997; USCG-1998-4442, 63 FR 52190, Sept. 30, 1998] §46.01-20 Penalties For Violations. (a) Penalties for violations of the regulations in this part by passenger vessels of the United States engaged in foreign voyages shall be in accordance with those laws which require the inspection and certification of the vessel. In addition, for passenger vessels subject to 46 U.S.C. 5101-5116, which engage in voyages described in §42.03-5, §42.03-10, or §45.01-1, the penalties for violations of the regulations in this part shall be those set forth in the load line act applicable to the vessel. (b) For a further description of the actions which may be taken see §42.07-50, of this subchapter. The procedures governing the assessment, collection, remission and mitigation of any monetary penalty imposed for a violation of a law or the regulations prescribed thereunder in this part, as well as the appeal procedures followed, are in subpart 2.50 of part 2 of subchapter A (Procedures Applicable to the Public) of this chapter. [CGFR 65-50, 30 FR 16769, Dec. 30, 1965, as amended by CGFR 68-60, 33 FR 10077, July 12, 1968; CGD 80-120, 47 FR 5723, Feb. 8, 1982; CGD 97-057, 62 FR 51044, Sept. 30, 1997] Subpart 46.50 – Definitions Used in This Part §46.05-1 Passenger Vessel. (a) For the purpose of the regulations in this part, a vessel is a 98
passenger vessel if: (1) Engaged on an international voyage by sea, it carries or is authorized to carry more than 12 passengers; or, (2) Engaged on a coastwise voyage by sea or a voyage on the Great Lakes, it carries or is authorized to carry more than 16 persons in addition to the crew. §46.05-10 Foreign Voyage. (a) A foreign voyage for the purpose of marking passenger vessels with subdivision load lines is a voyage by sea between a port under the jurisdiction of the United States and a port of a foreign country, its colonies, territories, or protectorates, or conversely (a voyage exclusively on the Great Lakes excepted). §46.05-15 Coastwise Voyages. (a) A coastwise voyage by sea, for the purpose of marking passenger vessels with subdivision load lines, is a voyage in which a vessel in the usual course of her employment proceeds from one port or place in the United States to another port or place in the United States or from a port or place in a possession to another port or place in the same possession, and passes outside the line dividing inland waters from the high seas (a voyage exclusively on the Great Lakes excepted), as well as a voyage in which a vessel proceeds from a port or place in the United States or her possessions and passes outside the line dividing inland waters from the high seas and navigates on the high seas, and then returns to the same port or place. §46.05-20 Great Lakes Voyage. A Great Lakes voyage is any voyage from a United States port or place on the Great Lakes to another United States port or place on the Great Lakes or to a Canadian port or place on the Great Lakes, or conversely. §46.05-25 New Passenger Vessel. A new passenger vessel is a vessel whose keel was laid or was a vessel converted into a passenger vessel on or after May 26, 1965. [CGFR 65-50, 30 FR 16769, Dec. 30, 1965, as amended by CGFR 68-60, 33 FR 10077, July 12, 1968] §46.05-30 Existing Passenger Vessel. An existing passenger vessel in respect to its voyage is any passenger vessel that is not a new passenger vessel as defined in §46.05-25. Subpart 46.10 – Administration §46.10-1 Relaxation From Regulations. (a) New passenger vessels making foreign voyages by sea shall comply with the requirements in this part. An existing passenger vessel engaged in foreign voyages by sea may be permitted relaxation from the requirements of this part if, in the opinion of the Commandant, U.S. Coast Guard, such requirements are unreasonable or impracticable. (b) A new passenger vessel making coastwise voyages by sea or making Great Lakes voyages shall comply with the requirements in this part. An existing passenger vessel making coastwise voyages by sea or Great Lakes voyages may be permitted relaxation from the requirements of this part if, in the opinion of the Commandant, U.S. Coast Guard, such requirements are unreasonable or impracticable. §46.10-5 Load Line Requirements For Subdivision. (a) The load line requirements of parts 42, 44, 45 of this subchapter as applicable to the passenger vessel and her service, shall be complied with before a passenger vessel will be marked with and certificated as to subdivision load lines. [CGFR 65-50, 30 FR 16769, Dec. 30, 1965, as amended by CGFR 68-60, 33 FR 10077, July 12, 1968] §46.10-10 Marks To Indicate Subdivision Load Lines. (a) Marks to indicate the maximum mean draft to which a passenger vessel may be lawfully submerged shall be permanently marked on each side of the passenger vessel in the form, manner, and location provided in this part. (b) The Commandant, U.S. Coast Guard, will determine the position of the subdivision load lines by the application of the requirements contained in this part and parts 170 and 171 of this chapter. The correct marking of subdivision load lines will be certified by the American Bureau of Shipping or a classification society approved by the Commandant for that purpose. (c) Certificates certifying to the correctness of subdivision load line marks shall not be furnished until it is determined that the marks have been correctly placed upon the passenger vessel. (d) In the case of passenger vessels that are required by the International Convention for Safety of Life at Sea to have on board a safety certificate, the certification of subdivision, load line marks shall be made by letter to the Commandant (G-M), U.S. Coast Guard, Washington, DC 20593-0001. [CGFR 65-50, 30 FR 16769, Dec. 30, 1965, as amended by CGFR 68-60, 33 FR 10077, July 12, 1968; CGD 79-023, 48 FR 51007, Nov. 4, 1983; CGD 88-070, 53 FR 34534, Sept. 7, 1988] §46.10-15 Survey For The Establishment And Renewal Of Subdivision Load Line Marks. (a) Every passenger vessel to be marked with and certificated for subdivision load lines must comply with the requirements as set forth in subchapter H (Passenger Vessels) of this chapter for ocean, coastwise, and Great Lakes service as applicable to the particular vessel and the service in which she is to be employed. (b) Every passenger vessel marked with a subdivision load line shall be subjected to the surveys specified in this paragraph. The details of the surveys or inspections indicated in paragraphs (b)(1) through (3) of this section shall be as set forth in the applicable sections of part 71 of subchapter H (Passenger Vessels) of this chapter. (1) A survey before the vessel is put in service. (2) A periodical survey once every 12 months. (3) Additional surveys as occasion arises. (4) Surveys required by part 42, part 44, or part 45 of this subchapter. [CGFR 65-50, 30 FR 16769, Dec. 30, 1965, as amended by CGFR 68-60, 33 FR 10077, July 12, 1968] §46.10-20 Application For The Assignment And Renewal Of Subdivision Load Lines. (a) Application for assignment and renewal of subdivision load lines and certification thereof shall be made in writing to the Commandant, U.S. Coast Guard, Washington, D.C. 20593-0001. [CGFR 65-50, 30 FR 16769, Dec. 30, 1965, as amended by CGFR 68-60, 33 FR 10077, July 12, 1968; CGD 88-070, 53 FR 34534, Sept. 7, 1988] §46.10-25 Equivalents. (a) Where in the regulations in this part it is provided that a particular fitting, appliance, apparatus, or type thereof, shall be fitted or carried in a vessel engaged on foreign voyages by sea or that any particular arrangement shall be adopted, there may be substituted any other fitting or appliance or type thereof or any other arrangement provided that the Commandant, U.S. Coast Guard, shall have been satisfied by suitable trials that the fitting, appliance, or apparatus, or type thereof, or that the arrangement substituted is at least as effective as that specified in this part. 99
(b) Where, in the application of the regulations in this part to passenger vessels engaged in coastwise voyages by sea and on Great Lakes voyages, it is desired to substitute other construction, arrangement, fitting, or appliance, or type thereof, such substitution may be made if approved by the Commandant, U.S. Coast Guard, provided the degree of safety provided by this part is obtained. §46.10-30 Subdivision Load Line Certificates. (a) Passenger vessels engaged in foreign voyages by sea shall have their subdivision load lines certified on the safety certificate required by the International Convention for Safety of Life at Sea, 1960. Safety certificates shall be issued by the Commandant, U.S. Coast Guard, for a period not to exceed one year. These vessels will also be provided with the load line certificate required by part 42 of this subchapter, the minimum freeboard shown thereon to be not less than the minimum freeboard corresponding to the principal passenger condition. The fact that they are subdivision load lines is to be noted on the load line certificate. (b) Passenger vessels engaged on coastwise voyages by sea or Great Lakes voyages shall have the position of their subdivision load lines recorded on a load line certificate in the form required by part 42 or part 45 of this subchapter. The fact that they are subdivision load lines is to be noted on the load line certificate. (c) A note shall be added to the load line certificate below the signature of the assigning-authority in the following form: The bulkhead deck used for determining the position of the subdivision load lines certified above is _____________________
(here described bulkhead deck). (d) Annual inspections of passenger vessels shall be as required by §§42.09-40 and 46.10-15 of this subchapter and renewal of passenger vessels' load line certificates shall be as required by §§42.09-15 and 42.09-20. (e) Each new passenger vessel which receives its first load line certificate shall also be provided with a copy of the load line survey report as required by §42.09-1(c) or §45.01-30 of this subchapter. [CGFR 65-50, 30 FR 16769, Dec. 30, 1965, as amended by CGFR 68-60, 33 FR 10077, July 12, 1968; CGFR 68-126, 34 FR 9019, June 5, 1969; CGD 80-120, 47 FR 5723, Feb. 8, 1982; CGD 88-070, 53 FR 34534, Sept. 7, 1988] §46.10-35 Validity Of Subdivision Load Line Certificates. (a) Subdivision load line certificates issued to passenger vessels shall only be valid during the time for which the certificates are issued. (b) If, due to any cause, the conditions as required by this part are changed, or the regulations in this part are not carried out, the load line certificate may be cancelled and the load lines considered nonexistent: Provided, That if the conditions causing the cancellation of the certificate are satisfactorily corrected, the load line certificate shall be reinstated for the remainder of its term. (c) A valid subdivision load line certificate for foreign voyages by sea shall be valid for coastwise voyages by sea and Great Lakes voyages. A valid subdivision load line certificate for coastwise voyages by sea shall be valid for Great Lakes voyages but not for foreign voyages by sea. A valid subdivision load line certificate for Great Lakes voyages shall not be valid for foreign or coastwise voyages by sea. §46.10-40 Nonsubmergence Subdivision Load Line (Great Lakes). (a) Passenger vessels on the Great Lakes of 150 gross tons or over shall not submerge the subdivision load line applicable to the voyage. §46.10-45 Nonsubmergence Subdivision Load Lines In Salt Water. (a) Passenger vessels required to be marked with subdivision load lines, engaged on foreign and coastwise voyages other than the Great Lakes voyages, shall not submerge in salt water the subdivision load line applicable to the voyage. Passenger vessels engaged on ocean, foreign or coastwise voyages may be marked with fresh water load lines. A passenger vessel on foreign or coastwise voyages (except Great Lakes voyages) may have an allowance made for the degree of brackishness of the water in which the vessel is floating but not for the weight of fuel, water, etc., required for consumption between the point of departure and the open sea, and no allowance is to be made for bilge or ballast water that may be in the passenger vessel at the time of departure. §46.10-50 Drills And Inspections. (a) For the required drills and inspections to be conducted on passenger vessels, see subpart 78.17 of subchapter H (Passenger Vessels) of this chapter. §46.10-55 Logbook Entries. (a) For required logbook entries to be made on passenger vessels, see subpart 78.17 of subchapter H (Passenger Vessels) of this chapter. §46.10-60 Control. (a) The District Director of Customs or the Coast Guard District Commander may detain a passenger vessel for a survey if there is reason to believe that such a vessel is proceeding on her journey in excess of the draft allowed by the regulations in this part as indicated by the vessel's load lines certified on the safety certificate, load line certificate, or otherwise. The Coast Guard District Commander may detain a passenger vessel if it is so loaded as to be manifestly unsafe to proceed to sea. Except as otherwise required by this section, §42.07-60 if this subchapter applies to all passenger vessels assigned load lines under the load line acts and the regulations of this subchapter. [CGFR 68-126, 34 FR 9019, June 5, 1969] §46.10-65 Construction. (a) The watertight subdivision of every passenger vessel must be as efficient as possible, having regard to its intended service. This principle is given effect by applying the requirements in part 171 of this chapter. (b) Passenger vessels engaged in foreign voyages by sea or coastwise voyages by sea or voyages on the Great Lakes, to be marked with subdivision load lines shall comply with the requirements in this part. [CGFR 65-50, 30 FR 16769, Dec. 30, 1965, as amended by CGD 79-023, 48 FR 51007, Nov. 4, 1983] §46.10-70 Plans And Inspections Of New And Converted Vessels. (a) Plans for a new passenger vessel or a vessel to be converted to a passenger vessel shall be submitted to the Commandant as required by subpart 71.65 of subchapter H (Passenger Vessels) of this chapter. (b) Inspections shall be made during the construction or conversion of the vessel as required by subpart 71.20 of subchapter H (Passenger Vessels) of this chapter. (c) Upon completion of construction or conversion of a passenger vessel, a stability test must be performed and stability information must be supplied to the operator as required by part 170 of this chapter. [CGFR 65-50, 30 FR 16769, Dec. 30, 1965, as amended by CGD 79-023, 48 FR 51007, Nov. 4, 1983] 100
Subpart 46.15 – Subdivision Load Lines for Passenger Vessels Engaged in Foreign, Coastwise, and Great Lakes Voyages §46.15-1 Procedure For Determination Of Subdivision Load Line. The procedure for determining the subdivision load line as well as special construction features of the vessel must be as set forth in subpart 72.01 and parts 170 and 171 of this chapter. [CGD 79-023, 48 FR 51007, Nov. 4, 1983] §46.15-5 Engineering Requirements. (a) Bilge and ballast systems, piping, inlets and discharges, ash chutes, astern power, and auxiliary steering shall be in accordance with the provisions of subchapter F (Marine Engineering) of this chapter. §46.15-10 Subdivision Load Lines. (a) Subdivision load lines shall be located by measuring vertically down from the deck line required by part 42 of this subchapter. (b) The length, width, and manner of marking the lines shall be as provided in subpart 42.13 of this subchapter. (c) No subdivision load line is to be placed so that the freeboard is reduced from that determined by the highest seasonal mark permitted by part 42. (d) When the highest subdivision load line is located on a vessel used as a passenger vessel in a position between the highest and lowest seasonal load line marks, the seasonal load line marks above the subdivision load line will be omitted and those below will be marked. (e) When the freeboard from the highest subdivision load line on a vessel used as a passenger vessel is greater than the freeboard from the lowest load line permitted by part 42 of this subchapter, the load lines required by part 42 of this subchapter shall be omitted and the disk with its horizontal line located in line with the highest subdivision load line. (f) One fresh water line shall be marked. When a subdivision and a normal load line are combined, the normal fresh water line only shall be used unless the position of the subdivision load line is such that confusion will result, in which case a subdivision fresh water line may be used, marked FC1 and the normal fresh water line omitted. (g) Subdivision load lines shall be aft of the vertical line. The vertical line shall be extended as necessary to connect the lowest and highest load lines marked on the vessel. (h) When a vessel has spaces used for cargo and passengers alternatively so that the position of the subdivision load line varies with the service, subdivision load lines for the principal passenger condition shall be marked and denoted by C1 and the alternative conditions marked and denoted by C2, C3, etc. The position of each load line and the conditions under which a particular load line is applicable shall be noted in the certificate. (i) The principal passenger condition for a vessel having spaces used for passengers and cargo alternatively is the condition where only those spaces appropriated exclusively to passengers are taken into consideration for determination of the subdivision load line. (j) For Great Lakes vessels, references to part 42 shall read part 45 and a "diamond" shall be substituted for the "disk". No "fresh water" line will be marked. [CGFR 65-50, 30 FR 16769, Dec. 30, 1965, as amended by CGFR 68-60, 33 FR 10077, July 12, 1968] 101
Part 70–General Provisions Table Of Contents Subpart 70.01–Authority And Purpose Sec. 70.01-1 Purpose Of Regulations. Subpart 70.05–Application 70.05-3 Foreign Vessels Subject To The Requirements Of This Subchapter. 70.05-5 Specific Application Noted In Text. 70.05-10 Application To Vessels On An International Voyage. 70.05-18 Applicability To Vessels Operating Under An Exemption Afforded In The Passenger Vessel Safety Act Of 1993 (PVSA). 70.05-30 Combustible And Flammable Liquid Cargo In Bulk. Authority: 46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat. 2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1; Section 70.01-15 also issued under the authority of 44 U.S.C. 3507. [SOURCE: CGFR 65-50, 30 FR 16890, Dec. 30, 1965, unless otherwise noted.] [67 FR 34756, May 15, 2002] Subpart 70.01 – Authority And Purpose §70.01-1 Purpose Of Regulations. The purpose of the regulations in this subchapter is to set forth uniform minimum requirements for passenger vessels. The regulations are necessary to carry out the provisions of law affecting passenger vessels and such regulations have the force of law. [CGFR 65-50, 30 FR 16890, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51203, Sept. 30, 1997] Subpart 70.05 -- Application §70.05-3 Foreign Vessels Subject To The Requirements Of This Subchapter. (a) Except as specifically noted in paragraphs (b) and (e), and (f) of this section, parts 70 to 78, inclusive, of this subchapter, shall be applicable to the extent prescribed by law to all foreign vessels of the following classifications indicated in column 4 of table 70.05-1(a) that are 100 gross tons or over: (1) Foreign vessels which carry more than 12 passengers from any port in the United States; or, (2) Foreign vessels, other than those mentioned in paragraph (a)(1) of this section, which carry more than 6 passengers from any port in the United States, and which are: (2)(i) Sailing vessels of 100 gross tons or over and not more than 700 gross tons; or, (2)(ii) Non-self-propelled vessels of 100 gross tons. (b) The provisions of parts 70 to 78, inclusive, of this subchapter shall not be applicable to those foreign vessels covered by paragraph (a) of this section which are: (1) Any vessel of a foreign nation signatory to the International Convention for Safety of Life at Sea, 1974, and which has on board a current valid safety certificate; or, (2) Any vessel of a foreign nation having inspection laws approximating those of the United States together with reciprocal inspection arrangements with the United States, and which has on board a current valid certificate of inspection issued by its government under such arrangements. (c) Notwithstanding the exceptions previously noted in paragraph (b) of this section, foreign vessels of novel design or construction, or whose operation involves potential unusual risks shall be subject to inspection to the extent necessary to safeguard life and property in United States" ports, as further provided by §2.01-13 of subchapter A (Procedures Applicable to the Public) of this chapter. (d) The requirements for notification of safety standards and for safety information and country of registry in promotional literature or advertising of a foreign passenger vessel of 100 gross tons or over having berth or stateroom accommodations for 50 or more passengers are contained in part 80 of this chapter. (e) Not withstanding the other provisions of this section, foreign passenger vessels of over 100 gross tons having berth or stateroom accommodations for more than 50 persons and departing a United States port with passengers who are United States nationals and who embarked at that port shall comply with the provisions of the International Convention for Safety of Life at Sea, 1974. (f) Notwithstanding the exceptions noted in paragraph (b) of this section, each foreign vessel must report marine casualties occurring while the vessel is in the navigable waters of the United States as required by subpart 78.07. [CGFR 65-50, 30 FR 16890, Dec. 30, 1965, as amended by CGFR 66-33, 31 FR 15280, Dec. 6, 1966; CGFR 68-65, 33 FR 19985, Dec. 28, 1968; CGFR 69-106a, 35 FR 16834, Oct. 31, 1970; CGD 72-187R, 38 FR 9081, Apr. 10, 1973; CGD 77-042, 42 FR 63643, Dec. 19, 1977; CGD 90-008, 55 FR 3066O, July 26, 1990] §70.05-5 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 or 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] §70.05-10 Application To Vessels On An International Voyage. (a) Except as provided in paragraphs (b), (c), and (d) of this section, the regulations in this subchapter that apply to a vessel on an "international voyage" apply to a vessel that– (1) Is mechanically propelled and carries more than 12 passengers; and (2) Is engaged on a voyage– (2)(i) From a country to which the International Convention for Safety of Life at Sea, 1974, (SOLAS 74) applies, to a port outside that country or the reverse; 102
(2)(ii) From any territory, including the Commonwealth of Puerto Rico, all possessions of the United States and all lands held by the United States under a protectorate or mandate, whose international relations are the responsibility of a contracting SOLAS 74 government, or which is administered by the United Nations, to a port outside that territory or the reverse; or (2)(iii) Between the contiguous states of the United States and the states of Hawaii or Alaska or between the states of Hawaii and Alaska. (b) The regulations that apply to a vessel on an "international voyage" in this subchapter do not apply to ships engaged on a voyage solely on 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; (c) The Commandant or his authorized representative may exempt any vessel on an international voyage from the requirements of this subchapter if the vessel– (1) Makes a single international voyage in exceptional circumstances; and (2) Meets safety requirements prescribed for the voyage by the Commandant. (d) The Commandant or his authorized representative may exempt any vessel from the construction requirements of this subchapter if the vessel does not proceed more than 20 nautical miles from the nearest land in the course of its voyage. [CGD 72-131R, 38 FR 29320, Oct. 24, 1973, as amended by CGD 90-008, 55 FR 30661, July 26, 1990; CGD 84-069, 61 FR 25287, May 20, 1996] §70.05-30 Combustible And Flammable Liquid Cargo In Bulk. [NOTE: Requirements for double hull construction for vessels carrying oil, as defined in 33 CFR 157.03, in bulk as cargo are found in 33 CFR 157.10d.] Vessels inspected and certificated under this subchapter may carry limited quantities of combustible liquid cargo in bulk in the grades indicated, provided the certificate of inspection is endorsed to permit such carriage: (a) Grade E in an integral tank; and (b) Grade E in a portable tank, including a marine portable tank, in accordance with subpart 98.30 or 98.33 of this chapter. [CGD 84-043, 55 FR 37410, Sept. 11, 1990, as amended by CGD 90-051, 57 FR 36246, Aug. 12, 1992] 103
Part 80–Disclosure Of Safety Standards And Country Of Registry
Table Of Contents Sec. 80.01 Purpose. 80.10 Applicability. 80.15 Ocean Voyage. 80.20 Exception To Requirements. 80.25 Notification Of Safety Standards. 80.30 Promotional Literature Or Advertising. 80.40 Civil Penalty. [Authority: 46 U.S.C. 3306; Department of Homeland Security Delegation No. 0170.1 [SOURCE: CGD 72-187R, 38 FR 9081, Apr. 10, 1973, unless otherwise noted.] §80.01 Purpose. The purpose of the regulations in this part is to implement 46 U.S.C. 3504. [CGD 95-028, 62 FR 51205, Sept. 30, 1997] §80.10 Applicability. Except as exempted in §80.20, this part applies to– (a) Owners, operators, agents, or any persons selling passage on a foreign or domestic vessel of one hundred gross tons or over having berth or stateroom accommodations for fifty or more passengers and embarking passengers at a United States port for a coastwise or an international voyage; and (b) owners, operators, agents, and other persons involved in the publishing and distribution of promotional material in or over any medium of communication within the United States offering passage or soliciting passengers for an ocean voyage anywhere in the world, by a vessel of one hundred gross tons or over having berth or stateroom accommodations for fifty or more passengers, regardless of whether passengers are embarked at United States ports for said voyage. (b) [Reserved] [CGD 79-180, 48 FR 7456, Feb. 22, 1983] §80.15 Ocean Voyage. An ocean voyage for the purposes of this part means: A voyage on any body of water seaward of the low water mark such as an ocean or arm thereof, other major bodies of water such as seas, gulfs, and straits, except voyages exclusively within harbors and small coastal indentations. [CGD 79-180, 48 FR 7456, Feb. 22, 1983] §80.20 Exception To Requirements. (a) This part does not apply to vessels that comply with the safety standards set forth in the International Convention for Safety of Life at Sea, 1974. (b) If the exception in paragraph (a) of this section applies, the country of registry must appear in printed advertising or promotional literature as described in §80.30(a), in a type no smaller than six points, American point system. [CGD 72-187R, 38 FR 9081, Apr. 10, 1973, as amended by CGD 79-180, 48 FR 7456, Feb. 22, 1983; CGD 90-008, 55 FR 30661, July 26, 1990] §80.25 Notification Of Safety Standards. (a) Each owner, operator, agent, or other person, selling passage for a coastwise or an international voyage embarking passengers at a United States port shall give to a prospective passenger, in writing, at the time of or before passage is booked, separately from any promotional literature or advertising used, a document containing the following information for each vessel concerned– (1) The name of the vessel; (2) The country of registry; (3) One of the following statements as appropriate: (3)(i) This vessel complies with international safety standards, except the 1966 fire safety standards. (3)(ii) This vessel complies with international safety standards developed prior to 1960. There is (or, is not) an automatic sprinkler system fitted in the passenger living and public spaces. The hull, decks, deckhouses, structural bulkheads, and internal partitions are (or, are not) composed of combustible materials. (3)(iii) This vessel does not comply with any international safety standard. There is (or, is not) an automatic sprinkler system fitted in the passenger living and public spaces. The hull, decks, deckhouses, structural bulkheads, and internal partitions are (or, are not) composed of combustible materials. (b) The information required in paragraph (a) of this section must be printed in a type no smaller than six points, American point system. (c) The information required in paragraph (a) of this section must be headed– (1) "SAFETY INFORMATION"; (2) With each letter in the heading capitalized; and (3) In boldfaced type of a size equal to the size of the text required in paragraph (a) of this section. [CGD 72-187R, 38 FR 9081, Apr. 10, 1973, as amended by CGD 79-180, 48 FR 7456, Feb. 22, 1983] §80.30 Promotional Literature Or Advertising. (a) Except as provided in paragraph (f) of this section, all promotional literature or advertising in or over any medium of communication within the United States that offers passage or solicits passengers for ocean voyages anywhere in the world must contain the safety information statement prescribed in paragraph (b) of this section if– (1) A vessel is named; or (2) A voyage is described by– (2)(i) A stated port or area of departure; (2)(ii) A stated port or area of destination; or (2)(iii) A schedule of days of departure or arrival. (b) The safety information statement required in paragraph (a) of this section must include– (1) The name of the vessel; (2) The country of registry; and 104
(3) One of the following statements, as appropriate: (3)(i) This vessel complies with international safety standards, except the 1966 fire safety standards. (3)(ii) This vessel complies with international safety standards developed prior to 1960. There is (or, is not) an automatic sprinkler fitted in the passenger living and public spaces. The hull, decks, deckhouses, structural bulkheads, and internal partitions are (or, are not) composed of combustible materials. (3)(iii) This vessel does not comply with any international safety standard. There is (or, is not) an automatic sprinkler fitted in the passenger living and public spaces. The hull, decks, deckhouses, structural bulkheads, and internal partitions are (or, are not) composed of combustible materials. (c) The safety information statement prescribed in paragraph (b) of this section must be– (1) Printed in a type no smaller than 6 points, American point system, that is the same size as any other textual matter of the promotional literature or advertising, including any headings; (2) Headed "SAFETY INFORMATION" in the same size type that is used in the safety information statement; and (3) Separated from other portions of the text by double spacing or box ruling. (d) If the promotional literature or advertising lists two or more passenger vessels, the owner or operator shall clearly indicate the safety information prescribed in paragraph (b) of this section for each vessel, but unnecessary repetition is not required. (e) Each brochure, pamphlet, schedule, and similar publication required in paragraph (a) of this section to contain safety information must– (1) State the safety information prescribed in paragraph (b) of this section at least once for each vessel named; and (2) Include a reference in the index of contents or the cover regarding the page number where the safety information for each vessel is located. (f) The section does not apply to– (1) An advertising sign that is towed, displayed, or written by aircraft; (2) An advertisement in a trade publication that is directed to the professional counselors in the travel industry and not intended or used for general distribution to the public for solicitation of passage on a vessel; or (3) An advertisement within a magazine, newspaper, periodical, or similar publication that is– (3)(i) Produced outside of the United States; (3)(ii) Not an American edition; and (3)(iii) Primarily distributed in the country in which it is produced. §80.40 Civil Penalty. For each violation of the regulations in this part, the owner, operator, agent, or other person involved is subject to the penalties prescribed in 46 U.S.C. 3504. [CGFR 72-187R, 38 FR 9081, Apr. 10, 1973, as amended by CGD 95-028, 62 FR 51205, Sept. 30, 1997] 105
Part 90–General Provisions Table Of Contents Subpart 90.01–Authority And Purpose Sec. 90.01-1 Purpose Of Regulations. Subpart 90.05–Application 90.05-1 Vessels Subject To Requirements Of This Subchapter. 90.05-5 Specific Application Noted In Text. Authority: 46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat. 2439; 49 U.S.C. 5103, 5106; 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 16970, Dec. 30, 1965, unless otherwise noted.] [65 FR 6494, Feb. 9, 2000; 67 FR 34756, May 15, 2002] Subpart 90.01 – Authority And Purpose §90.01-1 Purpose Of Regulations. The purpose of the regulations in this subchapter is to set forth uniform minimum requirements for cargo and miscellaneous vessels, as listed in Column 5 of table 90.05-1(a). [CGD 95-028, 62 FR 51205, Sept. 30, 1997] Subpart 90.05 – Application §90.05-1 Vessels Subject To Requirements Of This Subchapter. (a) This subchapter is applicable to all U.S.-flag vessels indicated in Column 4 of Table 90.05-1(a) and to all such foreign-flag vessels which carry 12 or fewer passengers from any port in the United States to the extent prescribed by law, except as follows: (1) Any vessel of a foreign nation signatory to the International Convention for Safety of Life at Sea, 1974, and which has on board a current, valid safety equipment certificate. (2) Any vessel operating exclusively on inland waters which are not navigable waters of the United States. (3) Any vessel while laid up and dismantled and out of commission. (4) 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. (b) Notwithstanding the exception previously noted in paragraph (a)(1) of this section, foreign vessels of novel design or construction or whose operation involves potential unusual risks shall be subject to inspection to the extent necessary to safeguard life and property in United States ports, as further provided by §2.01-13 of subchapter A (Procedures Applicable to the Public) of this chapter. (c) Notwithstanding the exception noted in paragraph (a)(1) of this section, each foreign vessel shall report marine casualties occurring while the vessel is in the navigable waters of the United States as required by Subpart 97.07. 106
107
108
109
110
111
[CGFR 65-50, 30 FR 16970, Dec. 30, 1965, as amended by CGFR 67-83, 33 FR 1109, Jan. 27, 1968; CGFR 70-10, 35 FR 3711, Feb. 25, 1970; CGD 73-96, 42 FR 49025, Sept. 26, 1977; CGD 77-042, 42 FR 63643, Dec. 19, 1977; CGD 86-033, 53 FR 36025, Sept. 16, 1988; CGD 86-033, 53 FR 46871, Nov. 21, 1988; CGD 90-008, 55 FR 30661, July 26, 1990; 67 FR 34756, May 15, 2002] §90.05-5 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 or 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 cargo or miscellaneous 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. 112
Part 97—Operations Table Of Contents Subpart 97.01–Application Sec. 97.01-1 General. Subpart 97.10–Persons Allowed In Pilothouse And On Navigation Bridge 97.10-1 Application. 97.10-5 Persons Excluded. Subpart 97.16–Auto Pilot 97.16-1 Use Of Auto Pilot. Subpart 97.19–Manuevering Characteristics 97.19-1 Data Required. Subpart 97.20–Whistling 97.20-1 Unnecessary Whistling Prohibited. Subpart 97.25–Searchlights 97.25-1 Improper Use Prohibited. Subpart 97.27–Lookouts 97.27-5 Master's And Officer's Responsibility. Subpart 97.95–Person In Charge Of Transfer Of Liquid Cargo In Bulk 97.95-1 General. [Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757; 3 CFR, 1991 Comp., p. 351; Department of Homeland Security Delegation No. 0170.1. [SOURCE: CGFR 65-50, 30 FR 17011, Dec. 30, 1965, unless otherwise noted.] Subpart 97.01 – Application §97.01-1 General. (a) The provisions of this part shall apply to all vessels except as specifically noted in this part. Subpart 97.10 – Persons Allowed In Pilothouse And On Naviagation Bridge §97.10-1 Application. (a) The provisions of this subpart shall apply to all vessels carrying passengers. §97.10-5 Persons Excluded. Masters and pilots shall exclude from the pilothouse and navigation bridge while underway, all persons not connected with the navigation of the vessel. However, licensed officers of vessels, persons regularly engaged in training, regulating, evaluating, or learning the profession of pilot, officials of the United States Coast Guard, United States Navy, National Imagery and Mapping Agency, National Ocean Service, United States Army Corps of Engineers, Maritime Administration, and National Transportation Safety Board may be allowed in the pilothouse or upon the navigation bridge upon the responsibility of the master or pilot. [CGD 91-023, 59 FR 16779, Apr. 8, 1994; 66 FR 48617, Sept. 21, 2001] Subpart 97.16–Auto Pilot §97.16-1 Use Of Auto Pilot. Except as provided in 33 CFR 164.15, when the automatic pilot is used in– (a) Areas of high traffic density; (b) Conditions of restricted visibility; and (c) All other hazardous navigational situations, the master shall ensure that– (1) It is possible to immediately establish manual control of the ship's steering; (2) A competent person is ready at all times to take over steering control; (3) The changeover from automatic to manual steering and vice versa is made by, or under, the supervision of the officer of the watch. [CGD 75-074, 42 FR 5964, Jan. 31, 1977] Subpart 97.19–Manuevering Characteristics §97.19-1 Data Required. For each ocean and coastwise vessel of 1,600 gross tons or over, the following apply: (a) The following maneuvering information must be prominently displayed in the pilothouse on a fact sheet: (1) For full and half speed, a turning circle diagram to port and starboard that shows the time and the distance of advance and transfer required to alter the course 90 degrees with maximum rudder angle and constant power settings. (2) The time and distance to stop the vessel from full and half speed while maintaining approximately the initial heading with minimum application of rudder. (3) For each vessel with a fixed propeller, a table of shaft revolutions per minute for a representative range of speeds. (4) For each vessel with a controllable pitch propeller a table of control settings or a representative range of speeds. (5) For each vessel that is fitted with an auxiliary device to assist in maneuvering, such as a bow thruster, a table of vessel speeds at which the auxiliary device is effective in maneuvering the vessel. (b) The maneuvering information must be provided in the normal load and normal light condition with normal trim for a particular condition of loading assuming the following– (1) Calm weather–wind 10 knots or less, calm sea; (2) No current; (3) Deep water conditions–water depth twice the vessel's draft or greater; and 113
(4) Clean hull. (c) At the bottom of the fact sheet, the following statement must appear: WARNING The response of the (name of the vessel) may be different from those listed above if any of the following conditions, upon which the maneuvering information is based, are varied: (1) Calm weather–wind 10 knots or less, calm sea; (2) No current; (3) Water depth twice the vessel's draft or greater; (4) Clean hull; and (5) Intermediate drafts or unusual trim. (d) The information on the fact sheet must be: (1) Verified six months after the vessel is placed in service; or (2) Modified six months after the vessel is placed into service and verified within three months thereafter. (e) The information that appears on the fact sheet may be obtained from: (1) Trial trip observations; (2) Model tests; (3) Analytical calculations; (4) Simulations; (5) Information established from another vessel of similar hull form, power, rudder and propeller; or (6) Any combination of the above. The accuracy of the information in the fact sheet required is that attainable by ordinary shipboard navigation equipment. (f) The requirements for information for fact sheets for specialized craft such as semi-submersibles, hydrofoils, hovercraft and other vessels of unusual design will be specified on a case by case basis. [CGD 73-78, 40 FR 2689, Jan. 15, 1975] Subpart 97.20 – Whistling §97.20-1 Unnecessary Whistling Prohibited. (a) The unnecessary sounding of the vessel's whistle is prohibited within any harbor limits of the United States. Subpart 97.25 – Searchlights §97.25-1 Improper Use Prohibited. (a) No person shall flash or cause to be flashed the rays of a searchlight or other blinding light onto the bridge or into the pilothouse of any vessel under way. Subparts 97.27 – Lookouts §97.27-5 Master's And Officer's Responsibility. (a) Nothing in this part shall exonerate any master or officer in command from the consequences of any neglect to keep a proper lookout or to maintain a proper fire watch or from any neglect of any precaution which may be required by the ordinary practice of seamen or by the special circumstances of the case. When circumstances require it, additional watches shall be maintained to guard against fire or other danger and to give an alarm in case of accident or disaster. Subpart 97.95 – Person in charge of Transfer of Liquid Cargo in Bulk §97.95-1 General. A qualified person in charge of a transfer of liquid cargo in bulk shall be designated in accordance with subpart C of 33 CFR part 155. [CGD 79-116, 60 FR 17157, Apr. 4, 1995] 114
Part 98 – Special Construction, Arrangement, And Other Provisions For Certain Dangerous Cargoes In Bulk Table Of Contents Subpart 98.01–General Sec. 98.01-1 Applicability. 98.01-3 Incorporation By Reference. Subpart 98.25–Anhydrous Ammonia In Bulk 98.25-1 Applicability. 98.25-5 How Anhydrous Ammonia May Be Carried. 98.25-10 Design And Construction Of Cargo Tanks. 98.25-15 Markings. 98.25-20 Installation Of Cargo Tanks. 98.25-30 Lagging. 98.25-35 Refrigerated Systems. 98.25-40 Valves, Fittings, And Accessories. 98.25-45 Liquid Level Gaging Device. 98.25-50 Filling And Discharge Pipes. 98.25-55 Cargo Piping. 98.25-60 Safety Relief Valves. 98.25-65 Filling Density. 98.25-70 Venting. 98.25-75 Ventilation. 98.25-80 Cargo Hose. 98.25-85 Electrical Bonding. 98.25-90 Special Operating Requirements. 98.25-95 Tests And Inspections. 98.25-97 Nondestructive Testing. Subpart 98.30–Portable Tanks 98.30-1 Applicability. 98.30-2 Definitions. 98.30-3 Vessels Carrying MPTs. 98.30-4 Vessels Carrying Portable Tanks Other Than MPTs 98.30-5 Materials Authorized For Transfer To And From A Portable Tank. 98.30-6 Lifting A Portable Tank. 98.30-7 Smoking. 98.30-8 Gaskets And Lining. 98.30-9 Stowage Of Portable Tanks. 98.30-10 Pipe Connections, And Filling And Discharge Openings. 98.30-11 Cargo Pumps. 98.30-13 Ground Connection. 98.30-14 Requirements For Ships Carrying NLSs In Portable Tanks. 98.30-15 Leakage Containment. 98.30-17 Qualifications Of Person In Charge. 98.30-19 Supervision By Person In Charge. 98.30-21 Inspection Prior To Transfer. 98.30-23 Requirements For Transfer; General. 98.30-25 Requirements For Transfer; Cargo Handling System. 98.30-27 Connections. 98.30-29 Piping Incompatible Products. 98.30-31 Conditions For Pumping. 98.30-33 Warning Signals. 98.30-35 Warning Sign At Gangway. 98.30-37 Firefighting Requirements. 98.30-39 Alternate Fire Extinguishing System. Subpart 98.33–Portable Tanks For Certain Grade E Combustible Liquids And Other Regulated Materials 98.33-1 Applicability. 98.33-3 Cargoes Authorized. 98.33-5 Portable Tanks Authorized. 98.33-7 Pipe And Hose Connections. 98.33-9 Stowage. 98.33-11 Smoking. 98.33-13 Cargo-Handling Systems. 98.33-15 Transfers. Authority: 33 U.S.C. 1903; 46 U.S.C. 3306, 3307, 3703; 49 U.S.C. App. 1804; 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 17022, Dec. 30, 1965, unless otherwise noted.] [65 FR 6494, Feb. 9, 2000] Subpart 98.01 – General §98.01-1 Applicability. (a) The provisions of this part shall apply to all self-propelled cargo vessels which carry in bulk any of the dangerous cargoes specifically noted in this part. (b) [Reserved] (c) The regulations for barges carrying any of the bulk chemical cargoes listed in subparts 98.01 through 98.25 are found in subchapter O of this chapter. (d) [Reserved] (e) Manned barges carrying any of the cargoes listed in Table 151.05 of this chapter will be considered individually by the Commandant and may be required to meet the applicable requirements of subchapter O of this chapter, as well as the requirements of this subchapter. [CGFR 65-50, 30 FR 17022, Dec. 30, 1965, as amended by CGFR 70-10, 35 FR 3711, Feb. 25, 1970; CGD 84-043, 55 FR 37411, Sept. 11, 1990; 59 FR 17011, Apr. 11, 1994] §98.01-3 Incorporation By Reference. (a) Certain standards and specifications are 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 the ones listed in paragraph (b) of this section, notice of change must be published in the FEDERAL REGISTER and the material made available to the public. All approved material is at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC, and is available from the sources indicated in paragraph (b) of this section. (b) The standards and specifications approved for incorporation by reference in this part and the sections affected, are: American Society for Nondestructive Testing (ASNT) 4153 Arlingate Road, Caller # 28518, Columbus, OH, 43228-0518 ASNT "Recommended Practice No. SNT-TC-1A (1988), Personnel Qualification and Certification in Nondestructive Testing" 98.25-97(c)(2) American Society of Mechanical Engineers (ASME) International Three Park Avenue, New York, N.Y. 10016-5990 ASME Boiler and Pressure Vessel Code, section V, Nondestructive Examination (1986) 98.25-97(a)(1) [CGD 85-061, 54 FR 50965, Dec. 11, 1989 as amended by USCG-1999-6216, 64 FR 53226, Oct. 1, 1999] 115
Subpart 98.25 – Anhydrous Ammonia in Bulk §98.25-1 Applicability. (a) The regulations in this subpart apply to each self-propelled vessel that has anhydrous ammonia on board as a cargo, cargo residue, or vapor and that is not regulated under part 154 of this chapter. (b) Any self-propelled vessel to which this subpart applies shall be inspected and certificated under this subchapter and subchapter D of this chapter. [CGD 74-289, 44 FR 26008, May 3, 1979] §98.25-5 How Anhydrous Ammonia May Be Carried. (a) Anhydrous ammonia shall be carried in unfired pressure vessel type tanks independent of the structure as detailed in this part, except as otherwise provided in paragraph (b) of this section. (b) When anhydrous ammonia is to be transported at its boiling temperature at or near atmospheric pressure, the Commandant may permit the use of alternate methods of storage if it is shown to his satisfaction that a degree of safety is obtained consistent with the minimum requirements of this subpart. §98.25-10 Design And Construction Of Cargo Tanks. (a) The cargo tanks shall meet the requirements for Class I, I-L, II, or II-L welded pressure vessels and shall be fabricated, inspected, and tested in accordance with the applicable requirements of part 54 of subchapter F (Marine Engineering) of this chapter. (b) Unlagged cargo tanks subject to atmospheric temperatures shall be designed for a pressure of not less than 250 pounds per square inch gage. (c) Where unrefrigerated cargo tanks are lagged as required by §§98.25-30 and 98.25-60, the tanks shall be designed for a pressure of not less than 215 pounds per square inch gage. (d) Refrigerated cargo tanks, in which the temperature of the liquid ammonia is maintained below the normal atmospheric temperatures, shall be designed for a pressure of not less than the vapor pressure corresponding to the temperature of the liquid at which the system is to be maintained, plus 25 pounds per square inch gage. (e) Each tank shall be provided with not less than a 15" x 18" diameter manhole, fitted with a cover located above the maximum liquid level and as close as possible to the top of the tank. Where access trunks are fitted to tanks, the diameter of the trunks shall be not less than 30 inches. [CGFR 65-50, 30 FR 17022, Dec. 30, 1965, as amended by CGFR 68-82, 33 FR 18902, Dec. 18, 1968] §98.25-15 Markings. (a) Cargo tanks shall be marked in accordance with the requirements of §54.10-20 of subchapter F (Marine Engineering) of this chapter. (b) In addition to the markings required to be stamped on the tank, the legend, "Anhydrous Ammonia" shall be conspicuously and legibly marked upon the dome or upper portion of the tank in letters at least 4 inches high. (c) All tank inlet and outlet connections, except safety relief valves, liquid level gaging devices and pressure gages shall be labeled to designate whether they terminate in the vapor or liquid space. Labels of noncorrosive material may be attached to valves. (d) All tank markings shall be permanently and legibly stamped in a readily visible position. If the tanks are lagged, the markings attached to the tank proper shall be duplicated on a corrosion resistant plate secured to the outside jacket of the lagging. [CGFR 65-50, 30 FR 17022, Dec. 30, 1965, as amended by CGFR 68-82, 33 FR 18902, Dec. 18, 1968] §98.25-20 Installation Of Cargo Tanks. (a) Independent tanks shall be arranged in the vessel so as to provide a minimum clearance of not less than 24 inches from the vessel's side and not less than 15 inches from the vessel's bottom. Where more than one tank is installed in a vessel, the distance between such tanks shall be not less than 15 inches, unless otherwise approved by the Commandant. Alternate provisions may be made for moving such tanks to provide for adequate inspection and maintenance of the vessel's structure and the tanks. (b) The design shall show the manner in which the tanks are to be installed, supported, and secured in the vessel and shall be approved prior to installation. Tanks shall be supported in steel saddles and securely anchored in place. If the tanks are required to be stress-relieved no appendages shall be welded to the tanks after they have been stress-relieved unless authorized by the Commandant. (c) Tanks may be located in dry cargo holds or in liquid cargo tanks or may be installed "on deck" or "under deck" with the tank protruding above deck. On installations where a portion of the tank extends above the weather deck, provision shall be made to maintain the weathertightness of the deck, except that vessels operating on protected inland waters may have tanks located in the holds of hopper type barges without the watertightness of the deck being maintained. All tanks shall be installed with the manhole opening and fittings located above the weather deck. (d) The anhydrous ammonia tanks may be installed in the bulk liquid cargo tanks provided the liquid surrounding the enclosed anhydrous ammonia tanks complies with the following chemical and physical properties: (1) Boiling point above 125°F. at atmospheric pressure. (2) Inert to ammonia at 100°F. at atmospheric pressure. (3) Noncorrosive in the liquid and vapor phase to the ammonia tanks and piping. [CGFR 65-50, 30 FR 17022, Dec. 30, 1965, as amended by CGFR 70-10, 35 FR 3711, Feb. 25, 1970] §98.25-30 Lagging. (a) Lagged tanks shall be covered with an incombustible insulation material of a thickness to provide a thermal conductance of not more than 0.075 B.t.u. per square foot per degree F. differential in temperature per hour. The insulating material shall be of an approved type complying with the requirements of subpart 164.009 of subchapter Q (Specifications) of this chapter, and shall be given a vapor proof coating with fire retardant material acceptable to the Commandant. Tanks exposed to the weather shall have the insulation and vapor proof coating covered with a removable sheet metal jacket of not less than 0.083 inch thickness and flashed around all openings so as to be weather tight. Materials other than sheet metal may be used to cover the insulation and vapor proof coating when specifically authorized by the Commandant. (b) Where unlagged tanks are installed in insulated holds or insulated 'tween deck spaces, such tanks shall be considered lagged provided the thermal conductance of the insulation is not less than that required by paragraph (a) of this section. §98.25-35 Refrigerated Systems. (a) Where refrigerated systems are installed to maintain the 116
temperature of the liquid below atmospheric, at least two complete refrigeration plants automatically regulated by pressure variations within the tanks shall be provided, each to be complete with the necessary auxiliaries for proper operation. The capacity of each refrigeration compressor shall be sufficient to maintain the vapor pressure in the tanks during the peak atmospheric temperature conditions below the pressure for which the tanks are designed. (b) An alternate arrangement may consist of three compressors, any two of which shall be capable of maintaining the vapor pressure in the tanks during peak atmospheric temperature conditions below the pressure for which the tanks are designed, the third compressor acting as a stand-by unit. (c) Refrigerated tanks shall be insulated in conformance with the requirements of §98.25-30. §98.25-40 Valves, Fittings, And Accessories. (a) All valves, flanges, fittings and accessory equipment shall be of a type suitable for use with anhydrous ammonia and shall be made of steel, or malleable or nodular iron meeting the requirements of §56.60-1 of subchapter F (Marine Engineering) of this chapter. Valves shall be fitted with noncorrosive material suitable for ammonia service. Valves, flanges, and pipe fittings shall be of the square or round tongue and groove type or raised-
face, United States of America Standard 300-pound standard minimum, fitted with suitable soft gasket material. Welded fittings shall be used wherever possible and the number of pipe joints shall be held to a minimum. Screwed joints are not permitted for pipe diameters exceeding 2 inches. Nonferrous materials, such as copper, copper alloys and aluminum alloys, shall not be used in the construction of valves, fittings or accessory equipment. Brazed joints are prohibited. (b) Each tank shall be provided with the necessary fill and discharge liquid and vapor shut-off valves, safety relief valves, liquid level gaging devices, thermometer well and pressure gage, and shall be provided with suitable access for convenient operation. Connections to tanks installed below the weather deck shall be made to a trunk or dome extending above the weather deck. Connections to the tanks shall be protected against mechanical damage and tampering. Other openings in the tanks, except as specifically permitted by this part, are prohibited. (c) All connections to the tanks, except safety devices and liquid level gaging devices, shall have manually operated shut-off valves located as close to the tank as possible. (d) Excess flow valves where required by this section shall close automatically at the rated flow of vapor or liquid as specified by the manufacturer. The piping, including valves, fittings and appurtenances, protected by an excess flow valve, shall have a greater capacity than the rated flow of the excess flow valve. (e) Liquid level gaging devices which are so constructed that outward flow of tank contents shall not exceed that passed by a No. 54 drill size opening, need not be equipped with excess flow valves. (f) Pressure gage connections need not be equipped with excess flow valves if the openings are not larger than No. 54 drill size. (g) Excess flow valves may be designed with a bypass, not to exceed a No. 60 drill size opening, to allow equalization of pressure. (h) Prior to disconnecting shore lines, the pressure in the liquid and vapor lines shall be relieved through suitable valves installed at the loading header. (i) Relief valves shall be fitted in liquid lines which may be subject to excessive pressure caused by liquid full condition, and the escape from the relief valves shall be piped to the venting system. (j) The pressure gage shall be located at the highest practical point. The thermometer well shall terminate in the liquid space and be attached to the shell by welding with the end of the fitting being provided with a gas-tight screwed plug or bolted cover. [CGFR 65-50, 30 FR 17022, Dec. 30, 1965, as amended by CGFR 68-82, 33 FR 18902, Dec. 18, 1968; CGFR 70-10, 35 FR 3712, Feb. 25, 1970] §98.25-45 Liquid Level Gaging Device. (a) Each tank shall be fitted with a liquid level gaging device of suitable design to indicate the maximum level to which the tank may be filled with liquid at temperatures between 20°F. and 130°F. (b) Liquid level gaging devices shall be of the following types: magnetic, rotary tube, slip tube, fixed tube, automatic float, or other types acceptable to the Commandant. (c) Gaging devices that require bleeding of the product to the atmosphere, such as rotary tube, fixed tube, and slip tube, shall be so designed that the bleed valve maximum opening is not larger than a No. 54 drill size, unless provided with an excess flow valve. (d) Gaging devices shall have a design pressure of at least 250 pounds per square inch. (e) Gage glasses of the columnar type are prohibited. §98.25-50 Filling And Discharge Pipes. (a) Filling connections shall be provided with one of the following: (1) Combination back pressure check valve and excess flow valve; (2) One double or two single back pressure check valves; or (3) A positive shut-off valve in conjunction with either an internal back pressure check valve or an internal excess flow valve. (b) All other liquid and vapor connections to tanks, except filling connections, safety relief valves, and liquid level gaging devices and pressure gages described in §98.25-40(e) and (f) shall be equipped with automatic excess flow valves; or in lieu thereof, may be fitted with quick closing internal stop valves, which, except during filling and discharge operations, shall remain closed. The control mechanism for such valves shall be provided with a secondary remote control of a type acceptable to the Commandant. (c) The excess flow, internal stop or back pressure check valves shall be located on the inside of the tank or outside where the piping enters the tank. In the latter case, installation shall be made in such a manner that any undue strain will not cause breakage between the tank and the excess flow or internal stop valve. (d) Where the filling and discharge are made through a common nozzle at the tank, and the connection is fitted with a quick-closing internal stop valve as permitted in paragraph (b) of this section, the back pressure check valve or excess flow valve is not required, provided, however, a positive shut-off valve is installed in conjunction with the internal stop valve. [CGFR 65-50, 30 FR 17022, Dec. 30, 1965, as amended by CGFR 70-10, 35 FR 3712, Feb. 25, 1970] §98.25-55 Cargo Piping. (a) Piping shall be of seamless steel meeting the requirements of §56.60-1 of subchapter F (Marine Engineering) of this chapter. The piping shall be of not less than Schedule 40 thickness. In case of piping on the discharge side of the liquid pumps or vapor compressors, the design shall be for a pressure of not less than 117
the pump or compressor relief valve setting; or if the piping is not fitted with relief valves, the design pressure shall not be less than the total discharge head of the pump or compressor. (b) Where necessary, provision shall be made for expansion and contraction of piping by means of seamless steel pipe expansion bends. Special consideration will be given for packless type expansion joints. Slip type expansion joints are prohibited. Piping shall be provided with adequate support to take the weight of the piping off the valves and fittings. [CGFR 65-50, 30 FR 17022, Dec. 30, 1965, as amended by CGFR 68-82, 33 FR 18902, Dec. 18, 1968] §98.25-60 Safety Relief Valves. (a) Each tank shall be fitted with two or more approved safety relief valves, designed, constructed, and flow-tested for capacity in conformance with subpart 162.018 of subchapter Q (Specifications) of this chapter. (b) Each safety relief valve shall start to discharge at a pressure not in excess of the design pressure of the tank. (c) Safety relief valves shall be attached to the tank near the highest point of the vapor space. Shutoff valves shall not be installed between the tanks and the safety relief valves, except manifolds for mounting multiple safety relief valves may be fitted with acceptable interlocking three-way valves so arranged at all times as to permit at any position of the three-way valve, an unrestricted flow of vapors through at least one port. When two safety relief valves are mounted in parallel on both the upper outlets of the three-way valve, the arrangement shall be such as to permit at least one safety relief valve to be operative at all times. (d) Each safety valve shall be tested in the presence of a marine inspector at the site of installation before or after mounting prior to being placed in service. The tests shall prove that the safety relief valve will start to discharge at a pressure not in excess of the maximum allowable pressure of the tank. [CGFR 68-82, 33 FR 18902, Dec. 18, 1968] §98.25-65 Filling Density. (a) The filling density, or the percent ratio of the liquefied gas that may be loaded in the tank to the weight of the water the tank will hold at 60°F., shall not exceed 56 percent for unlagged tanks and 58 percent for lagged or refrigerated tanks. §98.25-70 Venting. (a) Except as provided in paragraph (b) of this section, each safety valve installed on a cargo tank shall be connected to a branch vent of a venting system which shall be constructed so that the discharge of gas will be directed vertically upward to a point at least 10 feet above the weather deck or the top of any tank or house located above the weather deck. (b) The capacity of branch vents or vent headers shall depend upon the number of cargo tanks connected to such branch or header as provided in Table 98.25-70(b). TABLE 98.25-70(B)–CAPACITY OF BRANCH VENTS OR VENT HEADERS Number of cargo tanks Percent of total vavle discharge 1 or 2 100 3 90 4 80 5 70 6 or more 60 (c) In addition to the requirement specified in paragraph (b) of this section, the size of the branch vents or vent headers shall be such that the back pressure in relief valve discharge lines shall not be more than 10 percent of the safety relief valve setting. (d) Return bends and restrictive pipe fittings are prohibited. Vents and headers shall be so installed as to prevent stresses on safety relief valve mountings. (e) When vent discharge risers are installed, they shall be so located as to provide protection against physical damage and be fitted with loose raincaps. (f) No shut-off valve shall be fitted in the venting system between the safety relief valve and the vent outlets. Suitable provision shall be made for draining the venting system if liquid can collect therein. [CGFR 65-50, 30 FR 17022, Dec. 30, 1965, as amended by CGFR 70-10, 35 FR 3712, Feb. 25, 1970; 35 FR 6431, Apr. 22, 1970] §98.25-75 Ventilation. (a) All enclosed spaces containing cargo tanks fitted with bottom outlet connections shall be provided with mechanical ventilation of sufficient capacity to assure a change of air every 3 minutes. Where cargo tanks are fitted with top outlet connections, the enclosed spaces containing such tanks shall be fitted with efficient natural or mechanical ventilation. (b) Enclosed compartments in which machinery such as cargo pumps or vapor compressors are located shall be adequately ventilated. §98.25-80 Cargo Hose. (a) Cargo hose fabricated of seamless steel pipe with swivel joints, wire braided armored rubber or other hose material acceptable to the Commandant, shall be fitted to the liquid or vapor lines during filling and discharging of the cargo tanks. (b) Hose subject to tank pressure shall be designed for a bursting pressure of not less than five times the maximum safety relief valve setting of the tank. (c) Hose subject to discharge pressure of pumps or vapor compressors shall be designed for a bursting pressure of not less than five times the pressure of setting of the pump or compressor relief valve. (d) Before being placed in service, each new cargo hose, with all necessary fittings attached, shall be hydrostatically tested by the manufacturer to a pressure of not less than twice the maximum pressure to which it may be subjected in service. The hose shall be marked with the maximum pressure guaranteed by the manufacturer. §98.25-85 Electrical Bonding. (a) Each cargo tank shall be electrically grounded to the hull. The cargo vessel shall be electrically connected to the shore piping prior to connecting the cargo hose. This electrical connection shall be maintained until after the cargo hose has been disconnected and any spillage has been removed. [CGFR 65-50, 30 FR 17022, Dec. 30, 1965, as amended by CGFR 70-10, 35 FR 3712, Feb. 25, 1970] §98.25-90 Special Operating Requirements. (a) Repairs involving welding or burning shall not be undertaken on the cargo tanks or piping while anhydrous ammonia in either the liquid or vapor state is present in the system. (b) During the time anhydrous ammonia is laden in the tanks the vessel shall be under constant surveillance. 118
(c) Authorization from the Commandant (G-MSO) shall be obtained to transport lading other than anhydrous ammonia in the cargo tanks. (d) Sufficient hose stations shall be installed with adequate water supply so that if leakage of anhydrous ammonia occurs the vapors may be removed by use of a stream of water. (1) At least two units of approved self-contained breathing apparatus, one stowed forward of the cargo tanks and one stowed aft of the cargo tanks, shall be carried on board the vessel at all times. (2) All approved self-contained breathing apparatus, masks and respiratory protective devices shall be of types suitable for starting and operating at the temperatures encountered, and shall be maintained in good operating condition. (3) Personnel involved in the filling or discharge operations shall be adequately trained in the use of the equipment. (4) For all self-propelled cargo vessels, during filling or discharge operations every person on the vessel shall carry on his person or have close at hand at all times a canister mask approved for ammonia; or each person shall carry on his person a respiratory protective device which will protect the wearer against ammonia vapors and provide respiratory protection for emergency escape from a contaminated area which would result from cargo leakage. This respiratory protective equipment shall be of such size and weight that the person wearing it will not be restricted in movement or in the wearing of lifesaving device. (f) While fast to a dock, a vessel during transfer of bulk cargo shall display a red flag by day or a red light by night, which signal shall be so placed that it will be visible on all sides. When at anchor, a vessel during transfer of bulk cargo shall display a red flag by day, which signal shall be so placed that it will be visible on all sides. [CGFR 70-10, 35 FR 3712, Feb. 25, 1970, as amended by CGD 82-063b, 48 FR 4781, Feb. 3, 1983; CGD 95-072, 60 FR 50464, Sept. 29, 1995; CGD 96-041, 61 FR 50730, Sept. 27, 1996] §98.25-95 Tests And Inspections. (a) Each tank shall be subjected to the tests and inspections described in this section in the presence of a marine inspector, except as otherwise provided in this part. (1) An internal inspection of the tank is conducted within– (1)(i) Ten years after the last internal inspection if the tank is a pressure-vessel type cargo tank on an unmanned barge described under §151.01-25(c) of this chapter and carrying cargo at temperatures of -67 °F (-55 °C) or warmer; or (1)(ii) Eight years after the last internal inspection if the tank is of a type other than that described in paragraph (a)(1)(i) of this section. (2) An external examination of unlagged tanks and the visible parts of lagged tanks is made at each inspection for certification and periodic inspection. The owner shall ensure that the amount of insulation deemed necessary by the marine inspector is removed from insulated tanks during each internal inspection to allow spot external examination of the tanks and insulation, or the thickness of the tanks may be gauged by a nondestructive means accepted by the marine inspector without the removal of insulation. (3) If required by the Officer in Charge, Marine Inspection the owner shall conduct nondestructive testing of each tank in accordance with §98.25-97. (4) If the tank is a pressure vessel type cargo tank with an internal inspection interval of 10 years, and is 30 years old or older, determined from the date it was built, the owner shall conduct nondestructive testing of each tank in accordance with §98.25-97, during each internal inspection. (b) A hydrostatic test of 1 1/2 times the maximum allowable pressure as determined by the safety relief valve setting shall be made at any time that the inspector considers such hydrostatic test necessary to determine the condition of the tank. If the jacket and lagging are not removed during the hydrostatic tests prescribed in this paragraph, the tank shall hold the hydrostatic test pressure for at least 20 minutes without a pressure drop. (c) The safety relief valves shall be popped in the presence of a marine inspector by either liquid, gas or vapor pressure at least once every four years to determine the accuracy of adjustment and, if necessary, shall be reset. [CGFR 65-50, 30 FR 17022, Dec. 30, 1965, as amended by CGFR 67-86, 32 FR 17622, Dec. 9, 1967; CGD 85-061, 54 FR 50965, Dec. 11, 1989; 65 FR 6494, Feb. 9, 2000] §98.25-97 Nondestructive Testing. (a) Before nondestructive testing may be conducted to meet §98.25-95(a)(3) and (4), the owner shall submit a proposal to the Officer in Charge, Marine Inspection for approval that includes– (1) The test methods and procedures to be used, all of which must meet section V of the ASME Boiler and Pressure Vessel Code (1986); (2) Each location on the tank to be tested; and (3) The test method and procedure to be conducted at each location on the tank. (b) If the Officer in Charge, Marine Inspection rejects the proposal, the Officer in Charge, Marine Inspection informs the owner of the reasons why the proposal is rejected. (c) If the Officer in Charge, Marine Inspection accepts the proposal, then the owner shall ensure that– (1) The proposal is followed; and (2) Nondestructive testing is performed by personnel meeting ASNT "Recommended Practice No. SNT-TC-1A (1988), Personnel Qualifications and Certification in Nondestructive Testing." (d) Within 30 days after completing the nondestructive test, the owner shall submit a written report of the results to the Officer in Charge, Marine Inspection. [CGD 85-061, 54 FR 50965, Dec. 11, 1989] Subpart 98.30 – Portable Tanks [SOURCE: CGD 73-172, 39 FR 22954, June 25, 1974, unless otherwise noted.] §98.30-1 Applicability. (a) This subpart contains regulations concerning transfer of combustible liquids, certain flammable liquids, and other hazardous materials to or from portable tanks on vessels. (b) This subpart applies to the following portable tanks: (1) A marine portable tank (MPT); (2) An IM 101 or IM 102 portable tank; and (3) A portable tank authorized for liquid hazardous materials, other than liquefied gases, by the Associate Administrator for Hazardous Materials Safety, Research and Special Programs 119
Administration (AAHMS), under an exemption issued in accordance with subpart B of 49 CFR part 107. [CGD 84-043, 55 FR 37411, Sept. 11, 1990, as amended by CGD 97-057, 62 FR 51046, Sept. 30, 1997] §98.30-2 Definitions. (a) IM 101 portable tank and IM 102 portable tank mean a portable tank constructed in accordance with 49 CFR 178.270 through 178.272 and approved under 49 CFR 173.32a. (b) MPT means a marine portable tank that was inspected and stamped by the Coast Guard on or before September 30, 1992, and that meets the applicable requirements in this part and part 64 of this chapter. [CGD 84-043, 55 FR 37411, Sept. 11, 1990] §98.30-3 Vessels Carrying MPTs. Each MPT on a vessel to which this part applies must bear, on a metal or other corrosion-resistant tag– (a) An inspection date for pressure relief devices and vacuum relief devices in accordance with paragraph (b) of §64.79 of this chapter that is not more than 12 months earlier than the month in which the vessel is operated; (b) An inspection date in accordance with paragraph (b) of §64.81 of this chapter that is not more than 30 months earlier than the month during which the vessel is operated; and (c) A hydrostatic test date in accordance with paragraph (b) of §64.83 of this chapter that is not more than 60 months earlier than the month during which the vessel is operated. [CGD 84-043, 55 FR 37411, Sept. 11, 1990] §98.30-4 Vessels Carrying Portable Tanks Other Than MPTs. (a) Each portable tank, other than an MPT, on board a vessel to which this part applies must be one of the following: (1) An IM 101 or IM 102 tank authorized for its contents in accordance with Columns 7 and 8C of the Hazardous Materials Table of 49 CFR 172.101. (2) A portable tank authorized by the AAHMS under an exemption issued in accordance with subpart B of 49 CFR part 107, and (2)(i) According to the terms of the exemption, equivalent to an IM 101 or IM 102 portable tank; and (2)(ii) Authorized for its contents under the terms of the exemption or by written acknowledgment from the AAHMS. (b) Each IM 101 or IM 102 portable tank must be tested and inspected in accordance with 49 CFR 173.32b, and used only as specified in 49 CFR 173.32c. (c) Each portable tank authorized under an exemption from the AAHMS must be inspected and tested, maintained, and used in accordance with the terms of that exemption. [CGD 84-043, 55 FR 37411, Sept. 11, 1990; 56 FR 13598, Apr. 3, 1991, as amended by CGD 95-072, 60 FR 50464, Sept. 29, 1995; CGD 96-041, 61 FR 50730, Sept. 27, 1996; CGD 97-057, 62 FR 51046, Sept. 30, 1997] §98.30-5 Materials Authorized For Transfer To And From A Portable Tank. (a) The following hazardous materials may be transferred to and from a portable tank under this subpart: (1) Any Grade D or Grade E combustible liquid listed in §30.25-1 of this chapter that does not meet the definition of any hazard class in 49 CFR part 173 other than that of "flammable liquid", "combustible liquid", or "ORM-E"; (2) Any corrosive liquid that– (2)(i) Is compatible with the materials of the tank; (2)(ii) Meets the definition of no other hazard class in 49 CFR part 173; and (2)(iii) Is authorized for transport in an IM 101 or IM 102 portable tank under subpart F of 49 CFR part 173; (3) Any hazardous material listed in Table 98.30-5(a); (4) Any environmentally hazardous substance, liquid, N.O.S., Class 9, listed in table 1 of appendix A of 49 CFR 172.101, and any aqueous solution of an environmentally hazardous substance, solid, N.O.S., Class 9, listed in that table, that meets the definition of "hazardous substance" in 49 CFR 171.8; and (5) Other cargoes subject to regulation under 49 CFR parts 171 through 176 when authorized in writing by the Commandant. Requests for such authorization must be submitted as prescribed in §153.900(d)(1) of this chapter. TABLE 98.30-5(A) CERTAIN HAZARDOUS MATERIALS AUTHORIZED FOR TRANSFER TO AND FROM PORTABLE TANKS Acetone Alcohols; flash point of 80°F (27°C) or less by open-cup test Benzene Gasoline Mixtures of Hydrochloric acid and hydrofluoric acid containing not more than 36 percent hydrochloric acid or 2 percent hydrofluoric acid
1
Methyl Ethyl Ketone Toluene (Toluol) NOTE: 1
Each MPT must be lined with rubber or with material equally acid-resistant and equally strong and durable. (b) Grade D and Grade E combustible liquids with a flash point of 100°F (38°C) or higher by closed cup test that are not listed by name in the Table of 49 CFR 172.101 may be transferred to and from an MPT or an IM 102 portable tank conforming to the entry for note "T1" of 49 CFR 172.102(c)(7)(i). (c) Sulfuric acid having a concentration of not over 51 percent may be transferred to or from an MPT only if the MPT is lined with rubber or with material equally acid-resistant and equally strong and durable. (d) Sulfuric acid having a concentration of 65.25 percent or greater may be transferred to or from any portable tank; provided that the corrosion rate on steel, measured at 100°F (38°C), of sulfuric acid having a concentration of greater than 65.25 percent is not greater than the corrosion rate of such an acid having a concentration of 65.25 percent. (e) Environmentally hazardous substances (see paragraph (a)(4) of this section) may be transferred only to or from an IM 101 or IM 102 portable tank or an MPT. (f) A hazardous material that may be transferred to and from an IM 102 portable tank may also be transferred to and from an IM 101 portable tank. (g) No hazardous material not referred to in this section may be transferred to or from a portable tank on board a vessel. [CGD 84-043, 55 FR 37411, Sept. 11, 1990; 55 FR 40755, Oct. 4, 1990, as amended by CGD 97-057, 62 FR 51046, Sept. 30, 1997] 120
§98.30-6 Lifting A Portable Tank. No person may lift a portable tank with another portable tank. [CGD 73-172, 39 FR 22954, June 25, 1974. Redesignated by CGD 84-043, 55 FR 37411, Sept. 11, 1990] §98.30-7 Smoking. No person may smoke within 50 feet of a portable tank on the deck on which the tank is stowed. §98.30-8 Gaskets And Lining. No person may transfer a hazardous material to or from a portable tank on board a vessel unless each gasket and the lining of the portable tank are made of a material that is– (a) Chemically compatible with the product for which the portable tank is approved; and (b) Resistant to deterioration by the product for which the portable tank is approved. [CGD 84-043, 55 FR 37412, Sept. 11, 1990] §98.30-9 Stowage Of Portable Tanks. (a) No person may operate a vessel to which this subpart applies unless each portable tank is stowed on an open deck. (b) No person may stow a portable tank– (1) In the vicinity of another tank that contains a chemically incompatible product; and (2) Unless all electrical equipment is explosion-proof or intrinsically safe, as defined in §§111.105-9 and 111.105-11 of this chapter, in the area of the tank and its associated equipment that is– (2)(i) Within 10 feet in any horizontal direction; and (2)(ii) Within 8 feet above the deck. [CGD 73-172, 39 FR 22954, June 25, 1974, as amended by CGD 84-043, 55 FR 37412, Sept. 11, 1990; 55 FR 47477, Nov. 14, 1990] §98.30-10 Pipe Connections, And Filling And Discharge Openings. No person may transfer a hazardous material to or from a portable tank on board a vessel, unless each filling and discharge opening in the tank bottom is equipped with the following: (a) For an IM 101 or IM 102 portable tank, the closures specified in 49 CFR 173.32c(g)(2); and (b) For an MPT, the valves and closures specified in §§64.33 through 64.41 of this chapter. [CGD 84-043, 55 FR 37412, Sept. 11, 1990] §98.30-11 Cargo Pumps. No person may operate a cargo pump to transfer a product to or from a portable tank unless the pump is installed– (a) Above deck; or (b) Below deck, in conformance with subpart 32.60 of this chapter. §98.30-13 Ground Connection. No person may transfer an inflammable or combustible product to or from a vessel unless– (a) The portable tank and its pumping equipment is electrically grounded to the hull of the vessel; and (b) The vessel is electrically grounded to an offshore platform, shore piping, or another vessel by a– (1) Cargo hose constructed with an integral grounding wire if the end connections are used for electrical continuity; or (2) Separate grounding that is maintained until the cargo hose is disconnected and drained. §98.30-14 Requirements For Ships Carrying NLSs In Portable Tanks. (a) The person in charge of a ship, except a ship under subpart 98.31 of this chapter, that carries an NLS in a portable tank shall ensure that– (1) The ship's Certificate of Inspection is endorsed with the name of the NLS; (2) Any letters issued by the Commandant (G-MSO) prescribing additional conditions for endorsement are attached; and (3) Each operating requirement specified in writing by Commandant (G-MSO) as a condition for endorsement is met. (b) To have a ship's Certificate of Inspection endorsed to allow the carriage of NLSs in portable tanks, the– (1) Owner of the ship must make a request to the Commandant (G-MSO) following the procedures for requesting alternatives in §153.10(a) of this chapter; and (2) The ship must meet any design and equipment requirements specified in writing as a condition for the endorsement by the Commandant (G-MSO). [CGD 81-101, 53 FR 28974, Aug. 1, 1988. Redesignated at CGD 84-043, 55 FR 37411, Sept. 11, 1990, and amended by CGD 84-
043, 55 FR 37412, Sept. 11, 1990; CGD 95-072, 60 FR 50464, Sept. 29, 1995; CGD 96-041, 61 FR 50730, Sept. 27, 1996] §98.30-15 Leakage Containment. (a) No person may transfer a product to or from a vessel unless there is a container or enclosed deck area that meets the requirements of this section under or around each transfer connection area. (b) Each container or enclosed deck area must hold, in all conditions of vessel list or trim to be encountered during the transferring operation, 5 gallons or more and must have a means of draining or removing any leakage without mixing incompatible products or discharging into the water. §98.30-17 Qualifications Of Person In Charge. (a) The operator or agent of each vessel shall designate the person in charge of a transfer of liquid cargo in bulk to or from a portable tank. (b) Each person designated as person in charge of a transfer of liquid cargo in bulk to or from a portable tank shall– (1) On a tank barge, hold a "Tankerman-PIC", restricted "Tankerman-PIC", "Tankerman-PIC (Barge)", or restricted "Tankerman-PIC (Barge)" merchant mariner's document authorizing transfer of the classification of cargo involved; (2) On a self-propelled tank vessel, or on a tankship, carrying oil or hazardous material in bulk, hold a valid license or certificate authorizing service as a master, mate, pilot, engineer, or operator aboard that vessel, and a Tankerman-PIC or a restricted Tankerman (PIC) endorsement on his or her MMD. [CGD 79-116, 60 FR 17157, Apr. 4, 1995, as amended at 62 FR 25135, May 8, 1997] 121
§98.30-19 Supervision By Person In Charge. (a) No person may connect, top off, disconnect, or engage in any other critical product transfer operation unless the person in charge designated in §98.30-17, personally supervises the operation. (b) No person may start the flow of a product to or from a portable tank unless instructed to do so by the person in charge. (c) No person may transfer a product to or from a portable tank unless the person in charge is in the immediate vicinity of the transfer operation and immediately available to the person transferring the product. §98.30-21 Inspection Prior To Transfer. No person may transfer to or from a portable tank a product with a flashpoint of less than 300°F unless the person in charge of the transfer determines that– (a) Each warning signal and sign required in §§98.30-33 and 98.30-35 is displayed; (b) No repair work in the vicinity of any portable tank is done without permission of the person in charge of the transfer operation; and (c) Riveting, welding, burning, or a similar operation is not done in the vicinity of a portable tank unless an inspection by the person in charge of the transfer ensures that the operation can be done safely. §98.30-23 Requirements For Transfer; General. No person may transfer a product to or from a portable tank unless– (a) The vessel's moorings are strong enough to hold in all expected conditions of surge, current, and weather and are long enough to allow adjustment for changes in draft, drift, and tide during the transfer operation; (b) Transfer hoses or loading arms are long enough to allow the vessel to move the limits of its mooring without placing strain on the hose, loading arm, or transfer piping system; (c) Each transfer hose is supported in a manner that prevents strain on its coupling; (d) Each part of the transfer system necessary to allow the flow of the product is lined up for the transfer; (e) Each transfer hose has no loose covers, kinks, bulges, soft spots, and no gouges, cuts, or slashes that penetrate the hose reinforcement; (f) Each coupling meets the requirements of §98.30-27; (g) Each scupper or drain in a discharge containment system is closed; (h) The person in charge of the transfer operations on the transferring vessel or facility and the person in charge of the transfer operations on the receiving vessel or facility have held a conference, to ensure that each person in charge understands– (1) The identity of the product to be transferred; (2) The sequence of transfer operations; (3) The transfer rate; (4) The name or title and location of each person participating in the transfer operation; (5) Particulars of the transferring and receiving systems; (6) Critical stages of the transfer operations; (7) Federal, state, and local rules that apply to the transfer of dangerous articles and combustible liquids; (8) Emergency procedures; (9) Discharge containment procedures; (10) Discharge reporting procedures; (11) Watch or shift arrangement; and (12) Transfer shutdown procedures; (i) The person in charge of the transfer operations on the transferring vessel or facility and the person in charge of transfer operations on the receiving vessel or facility agree to begin the transfer operations; and (j) Each person in charge required in this subpart is present. §98.30-25 Requirements For Transfer; Cargo Handling System. No person may transfer a product to or from a portable tank unless the cargo handling system meets the requirements in subpart F of part 64 of this chapter. §98.30-27 Connections. (a) Each person who makes a connection for a transfer operation shall– (1) Use suitable material in joints and couplings to make a tight seal; (2) Use a bolt in at least every other hole and in no case less than four bolts in each temporary connection utilizing an American National Standards Institute (ANSI) standard flange coupling; (3) Use a bolt in each hole of couplings other than ANSI standard flange couplings; (4) Use a bolt in each hole of each permanently connected flange coupling; (5) Use bolts of the same size in each bolted coupling; and (6) Tighten each bolt and nut uniformly to distribute the load. (b) No person who makes a connection for a transfer operation may use any bolt that shows signs of strain or is elongated or deteriorated. (c) No person may use a connection for transfer operations unless it is– (1) A bolted or full threaded connection; or (2) A quick-connect coupling accepted by the Coast Guard. §98.30-29 Piping Incompatible Products. No person may pipe a portable tank with another tank that contains a chemically incompatible product. §98.30-31 Conditions For Pumping. No person may start pumping a product to or from a portable tank or if started, continue to pump if– (a) There is an electrical storm; (b) A fire occurs– (1) On the deck; (2) On the vessel; (3) In the vicinity; or (c) The cargo hose ruptures or leaks. §98.30-33 Warning Signals. (a) If the vessel is moored, no person may transfer to or from a portable tank a product with a flashpoint of less than 300°F unless the person in charge displays a– (1) Red flag by day; and (2) Red electric lantern by night. 122
(b) If the vessel is at anchor, no person may transfer to or from a portable tank a product with a flashpoint of less than 300°F unless the person in charge displays a red flag. (c) The signal required in paragraphs (a) and (b) of this section must be visible on all sides of the vessel. §98.30-35 Warning Sign At Gangway. If a vessel is moored, no person may transfer to or from a portable tank a product with a flashpoint of less than 300°F unless the person in charge displays at each gangway or access that is open for use a warning placard containing the following in letters 2 inches in height or larger: WARNING No open lights No smoking §98.30-37 Firefighting Requirements. No person may lift a portable tank on or off a vessel, or transfer a product with a flashpoint of less than 300°F to or from a portable tank unless– (a) Water pressure is maintained on the firemain; (b) Firehoses, fitted with a Coast Guard approved combination nozzle, are attached to each fire hydrant in the vicinity of the portable tanks; (c) Except as provided in §98.30-39, fire extinguishers of a dry chemical type are– (1) Located to protect the deck area 10 feet in any horizontal direction from each portable tank and its associated cargo handling system; (2) Coast Guard approved; and (3) Capable of covering the deck area without being moved; (d) In a deck area of 500 square feet or less, there are 2 or more dry chemical fire extinguishers of 300 pounds or more total capacity of extinguishing agent; and (e) In a deck area of more than 500 square feet, there are 3 or more dry chemical fire extinguishers of 450 pounds or more total capacity of extinguishing agent. §98.30-39 Alternate Fire Extinguishing System. An alternative to the fire extinguishing system required in §98.30-
37(c) may be approved in accordance with procedures contained in subpart 90.15 of this chapter. Subpart 98.33 – Portable Tanks for Certain Grade E Combustible Liquids and Other Regulated Materials [SOURCE: CGD 84-043, 55 FR 37412, Sept. 11, 1990, unless otherwise noted.] §98.33-1 Applicability. (a) This subpart contains regulations concerning transfer of certain low-hazard materials to and from portable tanks on vessels (b) This subpart applies to the following portable tanks: (1) A DOT-specification 57 portable tank (see 49 CFR 173.24, 173.32, 178.251, and 178.253); [NOTE TO PARAGRAPH (b)(1): Copies of Specifications 178.251 and 178.253 may be obtained from the Commandant (G-
MSO-3).] (2) A portable tank authorized under 49 CFR 176.340(b); and (3) A portable tank approved by the Commandant under subpart 50.20 of this chapter. [CGD 84-043, 55 FR 37412, Sept. 11, 1990; 56 FR 13598, Apr. 3, 1991, as amended by CGD 97-057, 62 FR 51046, Sept. 30, 1997] §98.33-3 Cargoes Authorized. The following cargoes are authorized for transfer to and from portable tanks authorized by §98.33-5: (a) Grade E combustible liquids that have a closed-cup flashpoint of 300°F or higher and that meet the definition of no DOT hazard class in 49 CFR part 173; (b) Any environmentally hazardous substance, liquid N.O.S., Class 9, listed in table 1 of appendix A of 49 CFR 172.101, and any aqueous solution of an environmentally hazardous substance, solid, N.O.S., Class 9, listed in that table, that meets the definition of "Hazardous substance" in 49 CFR 171.8. (c) Other cargoes subject to regulation under 49 CFR parts 171 through 176 when authorized in writing by the Commandant. Requests for such authorization must be submitted as prescribed in §153.900(d)(1) of this chapter. [CGD 84-043, 55 FR 37412, Sept. 11, 1990, as amended by CGD 97-057, 62 FR 51046, Sept. 30, 1997] §98.33-5 Portable Tanks Authorized. The cargoes authorized under §98.33-3 may be transferred to and from portable tanks to which this subpart applies if the portable tanks have: (a) A minimum design pressure of 9 psig. (b) Pressure-relief devices that may be frangible pressure-relief devices (rupture disks), and that do not open at less than 3 psig. [CGD 84-043, 55 FR 37412, Sept. 11, 1990; 55 FR 47477, Nov. 14, 1990] §98.33-7 Pipe And Hose Connections. If a portable tank authorized under §98.33-5 of this part has a pipe or hose connection in its bottom, the connection must have a manually operated valve and a bolted flange, threaded cap, or similar device, to protect against leakage of the tank's contents. §98.33-9 Stowage. Each portable tank authorized under §98.33-5 of this part must be secured to the vessel by devices of sufficient strength and number to prevent the tank from moving in any direction during transport. §98.33-11 Smoking. No person may smoke when– (a) Within 50 feet of a portable tank containing a combustible liquid; and (b) On the deck where the tank is stowed. §98.33-13 Cargo-Handling Systems. A cargo authorized under §98.33-3 of this part may not be transferred to or from a portable tank authorized under §98.33-5 of this part unless the cargo-handling system meets the requirements of subpart F of part 64 of this chapter. §98.33-15 Transfers. A cargo authorized under §98.33-3 of this part may not be transferred to or from a portable tank authorized under §98.33-5 of this part unless the following requirements are met: (a) Cargo pumps comply with §98.30-11 of this part; 123
(b) Ground connection complies with §98.30-13 of this part; (c) Leakage containment complies with §98.30-15 of this part; (d) Qualification of person in charge complies with §98.30-17 of this part; (e) Supervision of person in charge complies with §98.30-19 of this part; (f) Transfers, general, comply with §98.30-23 of this part; (g) Connections comply with §98.30-27 of this part; (h) Pumping of incompatible products complies with §98.30-29 of this part; (i) Conditions for pumping comply with §98.30-31 of this part; and (j) Carriage of NLSs complies with §98.30-14 of this part. [CGD 84-043, 55 FR 37412, Sept. 11, 1990; 55 FR 47477, Nov. 14, 1990] 124
Part 108 – Design And Equipment
Table Of Contents Subpart A–General Sec. 108.101 Incorporation By Reference. 108.103 Equipment Not Required On A Unit. 108.105 Substitutes For Required Fittings, Material, Apparatus, Equipment, Arrangements, Calculations, And Tests. 108.109 Classification Society Standards. Subpart B–Construction And Arrangement HULL STRUCTURE 108.113 Structural Standards. 108.114 Appliances For Watertight And Weathertight Integrity FIRE PROTECTION: GENERAL 108.123 Isolation Of Combustible Material. 108.127 Storage Lockers For Combustibles. STRUCTURAL FIRE PROTECTION 108.131 Definitions. 108.133 Hull Superstructure, Structural Bulkheads, Decks, And Deckhouses. 108.135 Boundary Bulkheads, Decks Of Galleys, And Combustible Material Lockers. 108.137 Bulkhead And Deck Separations Of Accommodation Spaces. 108.139 Boundary Bulkheads And Decks Of A Space Containing Emergency Power. 108.141 Boundary Bulkheads And Decks Between The Emergency Power Source And Service Generators. 108.143 Accommodation Space. 108.145 Hatches And Tonnage Openings. 108.147 Certain Paints Prohibited. MEANS OF ESCAPE 108.151 Two Means Required. 108.153 Location Of Means Of Escape. 108.155 Restrictions On Means Of Escape Utilized. 108.157 Locked Doors. 108.159 Stairways And Exterior Inclined Ladders. 108.160 Vertical Ladders. 108.161 Dead End Corridors. 108.165 Access To Lifeboats And Liferafts. 108.167 Weather Deck Ladders. CLASSIFIED LOCATIONS 108.170 Definitions. 108.171 Class I, Division 1 Locations. 108.173 Class I, Division 2 Locations. 108.175 Contiguous Locations. 108.177 Electrical Equipment In Classified Locations. VENTILATION 108.181 Ventilation For Enclosed Spaces. 108.185 Ventilation For Enclosed Classified Locations. 108.187 Ventilation For Brush Type Electric Motors In Classified Spaces. ACCOMMODATION SPACES 108.193 Restrictions. 108.195 Location Of Accommodation Spaces. 108.197 Construction Of Accommodation Spaces. 108.199 Arrangement Of Sleeping Spaces. 108.201 Size Of Sleeping Spaces. 108.203 Berths And Lockers. 108.205 Wash Spaces; Toilet Spaces; And Shower Spaces. 108.207 Messrooms. 108.209 Hospital Spaces. 108.210 Hospital Space Not Required. 108.211 Miscellaneous Accommodation Spaces. 108.213 Heating Requirements. 108.215 Insect Screens. RAILS 108.217 Guardrails And Bulwarks. 108.219 Guardrails. 108.221 Storm Rails. 108.223 Guards On Exposed Equipment. HELICOPTER FACILITIES 108.231 Application. 108.233 Location And Size. 108.235 Construction. 108.237 Fuel Storage Facilities. 108.239 Fuel Transfer Equipment. 108.241 Visual Aids. Subpart C–Stability 108.301 Stability. Subpart D–Fire Extinguishing Systems 108.401 Fire Main System. 108.403 Fire Extinguishing Systems: General. 108.403a Fire Extinguishing Systems: Non-Vital Services. 108.404 Selection Of Fire Detection System. 108.405 Fire Detection System. 108.407 Detectors For Electrical Fire Detection System. 108.409 Location And Spacing Of Tubing In Pneumatic Fire Detection System. 108.411 Smoke Detection System. 108.413 Fusible Element Fire Detection System. FIRE MAIN SYSTEM 108.415 Fire Pump: General. 108.417 Fire Pump Components And Associated Equipment. 108.419 Fire Main Capacity. 108.421 Location Of Fire Pumps And Associated Equipment. 108.423 Fire Hydrants And Associated Equipment. 108.425 Fire Hoses And Associated Equipment. 108.427 International Shore Connection. 108.429 Fire Main System Protection. AUTOMATIC SPRINKLING SYSTEMS 108.430 General. FIXED CARBON DIOXIDE FIRE EXTINGUISHING SYSTEMS 108.431 Carbon Dioxide Systems: General. 108.433 Quantity Of CO
2
: General. 108.437 Pipe Sizes And Discharge Rates For Enclosed Ventilation Systems For Rotating Electrical Equipment. 108.439 Quantity Of CO
2
For Protection Of Spaces. 108.441 Piping And Discharge Rates For CO
2
Systems. 108.443 Controls And Valves. 108.445 Alarm And Means Of Escape. 125
108.447 Piping. 108.449 Piping Tests. 108.451 CO
2
Storage. 108.453 Discharge Outlets. 108.455 Enclosure Openings. 108.457 Pressure Release. HALOGENATED GAS EXTINGUISHING SYSTEMS 108.458 General. FOAM EXTINGUISHING SYSTEMS 108.459 Number And Location Of Outlets. 108.461 Coamings. 108.463 Foam Rate: Protein. 108.467 Water Supply. 108.469 Quantity Of Foam Producing Materials. 108.471 Water Pump. 108.473 Foam System Components. 108.474 Aqueous Film Forming Foam Systems. 108.475 Piping. 108.477 Fire Hydrants. FIRE PROTECTION FOR HELICOPTER FACILITIES 108.486 Helicopter Decks. 108.487 Helicopter Deck Fueling Operations. 108.489 Helicopter Fueling Facilities. HAND PORTABLE AND SEMIPORTABLE FIRE EXTINGUISHING SYSTEMS 108.491 General. 108.493 Location. 108.495 Spare Charges. 108.496 Semiportable Fire Extinguishers. MISCELLANEOUS FIREFIGHTING EQUIPMENT 108.497 Fireman's Outfits. 108.499 Fire Axes. Subpart E–Lifesaving Equipment 108.500 General. 108.503 Relationship To International Standards. 108.510 Application. 108.515 Requirements For Units Built Before October 1, 1996. 108.520 Type Of Survival Craft. 108.525 Survival Craft Number And Arrangement. 108.530 Stowage Of Survival Craft. 108.540 Survival Craft Muster And Embarkation Arrangements. 108.545 Marine Evacuation System Launching Arrangements. 108.550 Survival Craft Launching And Recovery Arrangements: General. 108.553 Survival Craft Launching And Recovery Arrangements Using Falls And A Winch. 108.555 Lifeboat Launching And Recovery Arrangements. 108.557 Free-Fall Lifeboat Launching And Recovery Arrangements. 108.560 Rescue Boats. 108.565 Stowage Of Rescue Boats. 108.570 Rescue Boat Embarkation, Launching And Recovery Arrangements. 108.575 Survival Craft And Rescue Boat Equipment. 108.580 Personal Lifesaving Appliances. 108.595 Communications. 108.597 Line-Throwing Appliance. Subpart F–Cranes CRANES
108.601 Crane Design. Subpart G–Equipment Markings And Instructions 108.621 Equipment Markings: General. 108.623 General Alarm Bell Switch. 108.625 General Alarm Bell. 108.627 Carbon Dioxide Alarm. 108.629 Fire Extinguishing System Branch Line Valve. 108.631 Fixed Fire Extinguishing System Controls. 108.633 Fire Stations. 108.635 Self-Contained Breathing Apparatus. 108.636 Work Vests. 108.637 Hand Portable Fire Extinguishers. 108.639 Emergency Lights. 108.641 Instructions For Changing Steering Gear. 108.643 Rudder Orders. 108.645 Markings On Lifesaving Appliances. 108.646 Marking Of Stowage Locations. 108.647 Inflatable Liferafts. 108.649 Lifejackets, Immersion Suits, And Lifebuoys. 108.650 EPIRBs And SARTs. 108.651 Portable Magazine Chests. 108.653 Helicopter Facilities. 108.655 Operating Instructions. 108.657 Unit Markings. 108.659 Lifesaving Signal Instructions. 108.661 Unit Markings: Draft Marks. 108.663 Unit Markings: Load Line. 108.665 Appliances For Watertight Integrity. Subpart H–Miscellaneous Equipment 108.697 Buoyant Work Vests. 108.699 Substitution Of Life Preservers. 108.701 Sounding Equipment. 108.703 Self-Contained Breathing Apparatus. 108.705 Anchors, Chains, Wire Rope, And Hawsers. 108.707 First Aid Kit. 108.709 Litter. 108.713 International Code Of Signals. 108.715 Magnetic Compass And Gyrocompass. 108.717 Radar. 108.719 Pilot Boarding Equipment. Subpart I–Navigation Bridge Visibility 108.801 Navigation Bridge Visibility. Subpart J–Muster List 108.901 Muster List And Emergency Instructions. Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; Department of Homeland Security Delegation No. 0170.1. [SOURCE: CGD 73-
251, 43 FR 56808, Dec. 4, 1978, unless otherwise noted.] Subpart A – General §108.101 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 Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC, and at the U.S. Coast Guard, Office of Design and Engineering Standards (G-MSE), 2100 Second Street SW., Washington, DC 20593-0001 and is available from the sources indicated in paragraph (b) of this section. 126
(b) The material approved for incorporation by reference in this part and the sections affected are: ASTM F 1014-92, Standard Specification for Flashlights on Vessels 108.497 ASTM F 1121-87 (1993), Standard Specification for International Shore Connections for Marine Fire Applications 108.427 INTERNATIONAL MARITIME ORGANIZATION (IMO) Publications Section, 4 Albert Embankment, London, SE1 7SR, United Kingdom Resolution A.520(13), Code of Practice for the Evaluation, Testing and Acceptance of Prototype Novel Life-saving Appliances and Arrangements, 17 November 1983. 108.105. Resolution A.649(16), Code for the Construction and Equipment of Mobile Offshore Drilling Units (MODU Code), 19 October 1989 with amendments of June 1991. 108.503. Resolution A.658(16), Use and Fitting of Retro-reflective 108.645; Materials on Life-saving Appliances, 20 November 1989. 108.649. Resolution A.760(18), Symbols Related to Life-saving 108.646; Appliances and Arrangements, 17 November 1993. 108.647; 108.649; 108.655. NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) 1 Batterymarch Park, Quincy, MA 02269-9101. NFPA 13-1996, Standard for the Installation of Sprinkler Systems. 108.430 [88-032, 56 FR 35826, July 29, 1991, as amended by CGD 95-
072, 60 FR 50464, Sept. 29, 1995; CGD 84-069, 61 FR 25290, May 20, 1996; CGD 96-041, 61 FR 50730, Sept. 27, 1996; CGD 97-057, 62 FR 51046, Sept. 30, 1997; CGD 95-028, 62 FR 51208, Sept. 30, 1997; 64 FR 67170, Dec. 1, 1999; 65 FR 10943, March 1, 2000] §108.103 Equipment Not Required On A Unit. Each item of lifesaving and firefighting equipment carried on board the unit in addition to equipment of the type required under this subchapter, must– (a) Be approved; or (b) Be acceptable to the cognizant OCMI, for use on the unit. [CGD 84-069, 61 FR 25291, May 20, 1996] §108.105 Substitutes For Required Fittings, Material, Apparatus, Equipment, Arrangements, Calculations, And Tests. (a) Where this subchapter requires a particular fitting, material, apparatus, equipment, arrangement, calculation or test, the Commandant (G-MSE) may accept any substitution that is at least as effective as that specified. If necessary, the Commandant (G-MSE) may require engineering evaluations and tests to demonstrate the equivalence of the substitution. (b) In any case where it is shown to the satisfaction of the Commandant that the use of any particular equipment, apparatus, arrangement, or test is unreasonable or impracticable, the Commandant may permit the use of alternate equipment, apparatus, arrangement, or test to such an extent and upon such condition as will insure, to his satisfaction, a degree of safety consistent with the minimum standards set forth in this subchapter. (c) The Commandant (G-MSE) may accept a novel lifesaving appliance or arrangement, if it provides a level of safety equivalent to the requirements of this part and the appliance or arrangement– (1) Is evaluated and tested in accordance with IMO Resolution A.520(13), Code of Practice for the Evaluation, Testing and Acceptance of Prototype Novel Life-saving Appliances and Arrangements; or (2) Has successfully undergone evaluation and tests that are substantially equivalent to those recommendations. (d) During a unit's construction and when any modification to the lifesaving arrangement is done after construction, the owner must obtain acceptance of lifesaving arrangements from the Commandant (G-MSC). (e) The OCMI may accept substitute lifesaving appliances other than those required by this part, except for– (1) Survival craft and rescue boats; and (2) Survival craft and rescue boat launching and embarkation appliances. (f) Acceptance of lifesaving appliances and arrangements will remain in effect unless– (1) The OCMI deems their condition to be unsatisfactory or unfit for the service intended; or (2) The OCMI deems the crew's ability to use and assist others in the use of the lifesaving appliances or arrangements to be inadequate. [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 95-072, 60 FR 50465, Sept. 29, 1995; CGD 84-069, 61 FR 25291, May 20, 1996] §108.109 Classification Society Standards. (a) Any person who desires to use the rules of a classification society, other than the American Bureau of Shipping, to meet requirements in this Subchapter must request recognition of that society from the Commanding Officer, Marine Safety Center. The relevant rules must be submitted with the request. [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 95-072, 60 FR 50465, Sept. 29, 1995] Subpart B – Construction and Arragement Hull Structure §108.113 Structural Standards. Except as provided in §108.109, each unit must meet the structural standards of the American Bureau of Shipping's Rules for Building and Classing Offshore Mobile Drilling Units, 1978. §108.114 Appliances For Watertight And Weathertight Integrity. (a) Appliances to ensure watertight integrity include watertight doors, hatches, scuttles, bolted manhole covers, or other watertight closures for openings in watertight decks and bulkheads. (b) Appliances to ensure weathertight integrity include weathertight doors and hatches, closures for air pipes, ventilators, ventilation intakes and outlets, and closures for other openings in deckhouses and superstructures. (c) Each internal opening fixed with appliances to ensure watertight integrity which are used intermittently during operation of the unit while afloat must meet the following: 127
(1) Each door, hatch, and scuttle must– (1)(i) Be remotely controlled from a normally manned control station, and be operable locally from both sides of the bulkhead; or (1)(ii) If there is no means of remote control there must be an alarm system which signals whether the appliance is open or closed both locally at each appliance and in a normally manned control station. (2) Each closing appliance must remain watertight under the design water pressure of the watertight boundary of which it is a part. (d) Each external opening fitted with an appliance to ensure weathertight integrity must be located so that it would not be submerged below the final equilibrium waterline if the unit is subjected simultaneously to– (1) Damage causing flooding described in §174.075 through §174.085 of this chapter; and (2) A wind heeling moment calculated in accordance with §174.055 of this chapter using a wind velocity of 50 knots (25.8 meters per second). [CGD 73–251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 79-023, 48 FR 51008, Nov. 4, 1983] Fire Protection: General §108.123 Isolation Of Combustible Material. Each internal combustion engine exhaust, boiler and galley uptake, and similar heat source must be separated or insulated from combustible materials. §108.127 Storage Lockers For Combustibles. Each oil and paint locker must be made of steel or an equivalent material or be completely lined with steel or an equivalent material as described in §108.131(c) of this subpart. Structural Fire Protection
§108.131 Definitions. (a) Standard Fire Test means the test in which specimens of the relevant bulkheads or decks, having a surface of approximately 4.65 square meters (50 square feet) and a height of 2.44 meters (8 feet) resembling as closely as possible the intended construction and including, where appropriate, at least one joint, are exposed in a test furnace to a series of temperature relationships approximately as follows: (1) At the end of 5 minutes–538°C. (1,000°F.) (2) At the end of 10 minutes–704°C. (1,300°F.) (3) At the end of 30 minutes–843°C. (1,550°F.) (4) At the end of 60 minutes–927°C. (1,700°F.). (b) Bulkheads and decks are defined and classed as follows: (1) A class bulkhead or deck means a bulkhead or deck that– (1)(i) Is made of steel or other equivalent material; and (1)(ii) Prevents the passage of flame and smoke for 60 minutes if subjected to the standard fire test. (2) A 60 bulkhead or deck means an A class bulkhead or deck that– (2)(i) Is insulated with approved insulation, bulkhead panels, or deck covering; (2)(ii) If subjected to the standard fire test for 60 minutes, has an average temperature rise on the unexposed side of the insulated bulkhead or deck of less than 139°C. (250°F.) above the temperature before the standard fire test and has a temperature rise at any point on the unexposed surface, including any joint, of less than 180°C. (325°F.) above the temperature before the standard fire test. (3) B class bulkhead or deck means a bulkhead or deck that– (3)(i) Is made of approved noncombustible material; (3)(ii) Prevents flame from passing through it for 30 minutes if subjected to the standard fire test. (4) C class bulkhead or deck means a bulkhead or deck made of approved noncombustible material. (c) Equivalent material means a material that by itself or with insulation has smoke and fire retardant properties equal to that of the steel required for "A" or "B" class bulkheads or decks and has structural qualities equivalent to steel at the end of the applicable fire exposure. (d) Approved material means a material approved under one of the following subparts of Subchapter Q of this chapter: (1) Deck coverings, Subpart 164.006. (2) Structural insulation, Subpart 164.007. (3) Bulkhead panel, Subpart 164.008. (4) Noncombustible materials, Subpart 164.009; (5) Interior finishes, Subpart 164.012. (e) Stairtower means a stairway that penetrates more than one deck within the same enclosure, or two or more stairways that– (1) Are arranged vertically one above the other; or (2) Penetrate both the deck and the overhead within the same enclosure. (f) Accommodation space includes, sleeping, mess, hospital, recreational, toilet, washing and shower spaces, and corridors. §108.133 Hull Superstructure, Structural Bulkheads, Decks, And Deckhouses. Each hull superstructure, structural bulkhead, deck, and deckhouse must be made of steel or an equivalent material. §108.135 Boundary Bulkheads, Decks Of Galleys, And Combustible Material Lockers. Each boundary bulkhead and deck of each galley, each combination galley and messroom, and each combustible material storage locker must be an A class bulkhead and A class deck respectively. §108.137 Bulkhead And Deck Separations Of Accommodation Spaces. Each boundary bulkhead and deck that separates an accommodation space or control station from the following must be an A class bulkhead and A class deck respectively– (a) Machinery space; (b) Galley or combination galley and messroom; (c) Main pantry; (d) Classified space; (e) Store room. §108.139 Boundary Bulkheads And Decks Of A Space Containing Emergency Power. Each boundary bulkhead and deck of a space containing an emergency electric power source or components of an emergency electric power source must be an A class bulkhead and A class deck respectively. When separate but adjoining spaces are provided for such equipment, boundary bulkhead type 128
construction is not required for the separating partitions common to each space. §108.141 Boundary Bulkheads And Decks Between The Emergency Power Source And Service Generators. Each boundary bulkhead and deck of a space containing an emergency electric power source or components of an emergency electric power source that adjoins a space containing a ship's service generator, the components of a ship's service generator, or a classified space must be an A-60 bulkhead and A-
60 deck. §108.143 Accommodation Space. (a) Each corridor bulkhead in an accommodation space must be an A class or B class bulkhead except if an A class bulkhead is specifically required by this part. (b) No door in a corridor bulkhead in an accommodation space may have a louver, except that a stateroom, lounge, or recreation room door may have louvers in its lower half. (c) Each stairtower, elevator, and dumbwaiter, and other trunk must be enclosed by A class bulkheads. (d) Each bulkhead not described under paragraph (a) of this section must be either A class, B class, or C class bulkheads. (e) At least one opening to each stairway must be enclosed by either A class or B class bulkheads and doors. (f) Each stairtower must have doors at all levels and each must be an A class door. (g) Each door required by paragraphs (e) and (f) of this section– (1) Must be self-closing; (2) May not have any means to permanently hold the door open, except for magnetic holdbacks that are operated from the bridge or other remote location. (h) Interior stairs, including stringers and treads, must be made of steel or an equivalent material. (i) Except in washrooms and toilet spaces, each deck covering in an accommodation space must be made of an approved material, except an overlay on a deck for leveling or finishing that is not more than 9.375 millimeters (3/8 inch) thick. (j) Except as provided in paragraph (1), each ceiling, lining, insulation, and pipe and duct lagging in an accommodation space must be made of an approved material that is noncombustible. (k) Each sheathing, furring, or holding piece used to secure a bulkhead, ceiling, lining, or insulation in an accommodation space must be made of an approved material that is non-combustible. (l) No bulkhead, lining, or ceiling in an accommodation space may have a combustible veneer greater than 2 millimeters (1/12 inch) in thickness. (m) Each corridor or hidden space in an accommodation space may be covered by an approved interior finish or a reasonable number of coats of paint. However, no corridor or hidden space may have combustible veneer, trim, or decoration except material approved under Subpart 164.012 of this chapter. §108.145 Hatches And Tonnage Openings. Each hatch, except a hatch between storage spaces and each tonnage opening closure, must be made of steel or an equivalent material of the same class as the bulkhead or deck where the opening occurs. §108.147 Certain Paints Prohibited. No nitrocellulose or other highly flammable or noxious fume-
producing paint or lacquer may be used on a unit. Means of Escape §108.151 Two Means Required. (a) Each of the following must have at least 2 means of escape: (1) Each accommodation space with a deck area of at least 27 sq. meters (300 sq. ft.). (2) Each space, other than an accommodation space, that is continuously manned or used on a regular working basis except for routine security checks. (3) Weather deck areas where personnel may be normally employed. (b) When two means of escape are required from a space below the main deck, one the means of escape must provide for a rapid escape through openings that are not required to be watertight by damage stability considerations. (c) When two means of escape are required from a space above the main deck, one of the means of escape must provide for a rapid escape to a weather deck. §108.153 Location Of Means Of Escape. The required two means of escape must be through exits that minimize the possibility of having both exits blocked if a fire or other casualty occurs in the area. §108.155 Restrictions On Means Of Escape Utilized. A required means of escape may not be a vertical ladder or deck scuttle, except that one of the means of escape may be a vertical ladder or deck scuttle if a stairway would be impracticable. §108.157 Locked Doors. No door to the required means of escape may be designed to lock except– (a) A crash door or a door that has a locking device that can be easily forced, if on both sides of the door a permanent and easily seen instruction is placed; or (b) An outside door to a deckhouse if the door can be locked by key only and if the master or person in charge has control of the key to the door's lock. §108.159 Stairways And Exterior Inclined Ladders. Each stairway, except a stairway in a machinery or storage space, and each exterior inclined ladder must be at least 70 centimeters (28 inches) wide with an angle of inclination from the horizontal of not more than 50 degrees, except that special consideration may be given to the installation if a 70 centimeters (28 inch) width is impracticable. §108.160 Vertical Ladders. (a) Each vertical ladder must have rungs that are– (1) At least 41 centimeters (16 inches) in length; (2) Not more than 30 centimeters (12 inches) apart, uniform for the length of the ladder; and (3) At least 18 centimeters (7 inches) from the nearest permanent object in back of the ladder. (b) Except when unavoidable obstructions are encountered, there must be at least 11.5 centimeters (4 1/2 inches) clearance above each rung. (c) Except as provided in §108.540(h)(3)(ii), each exterior vertical ladder more than 6 meters (20 ft.) in length must be fitted with a 129
cage or ladder safety device meeting ANSI Standard 14.3 (1974) for fixed ladders. (d) No vertical fixed ladders may be made of wood. [67 FR 61276, Sept. 30, 2002] §108.161 Dead End Corridors. No dead end corridor may be more than 13 meters (43 feet) long. §108.165 Access To Lifeboats And Liferafts. Each unit must be designed to provide direct access to the lifeboat and liferaft embarkation areas. §108.167 Weather Deck Ladders. Each unit must have at least one permanent, inclined ladder between each weather deck. CLASSIFIED LOCATIONS
§108.170 Definitions. (a) Classified locations are those in which flammable hydrocarbon gas or vapors, resulting from the drilling operations, may be present in quantities sufficient to produce an explosive or ignitable mixture. Location of these areas affect the design of the units' machinery, electrical, and ventilation systems. (See Notes 1 and 2). (b) For the purpose of this subpart "semi-enclosed location" means a location where natural conditions of ventilation are notably different from those on open decks due to the presence of structures such as roofs, windbreaks, or bulkheads. [NOTES: 1. Further requirements with respect to hazardous locations are contained in part 111, subpart 111.105, of this chapter. 2. For specific requirements for machinery and electrical installations on mobile offshore drilling units see Subchapters "F" and "J" of this chapter.] [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 94-108, 61 FR 28270, June 4, 1996] §108.171 Class I, Division 1 Locations. The following are Class I, Division 1 locations: (a) An enclosed space that contains any part of the mud circulating system that has an opening into the space and is between the well and final degassing discharge. (b) An enclosed or semi-enclosed location that is below the drill floor, and contains a possible source of gas release. (c) An enclosed space that is on the drill floor, and is not separated by a solid, gas-light floor from the spaces specified in paragraph (b) of this section. (d) A space that would normally be considered a Division 2 location under §108.173 but where combustible or flammable gases might accumulate. (e) A location in the weather, or a semi-enclosed location, except as provided in paragraph (b) of this section that is within 1.5 m (5 ft.) of the boundary of any– (1) Equipment or opening specified in paragraph (a) of this section; (2) Ventilation outlet, access, or other opening to a Class I, Division 1 space; or (3) Gas vent outlet. (f) Except as provided in §108.175, an enclosed space that has an opening into a Class I, Division 1 location. §108.173 Class I, Division 2 Locations. The following are Class I, Division 2 locations: (a) An enclosed space that has any open portion of the mud circulating system from the final degassing discharge to the mud suction connection at the mud pit. (b) A location in the weather that is– (1) Within the boundaries of the drilling derrick up to a height of 3 m (10 ft.) above the drill floor; (2) Below the drill floor and within a radius of 3 m (10 ft.) of a possible source of gas release; or (3) Within 1.5 m (5 ft.) of the boundaries of any ventilation outlet, access, or other opening to a Class I, Division 2 space. (c) A location that is– (1) Within 1.5 m (5 ft.) of a semi-enclosed Class I, Division 1 location indicated in §108.171(b); or (2) Within 1.5 m (5 ft.) of a Class I, Division 1 space indicated in §108.171(e). (d) A semi-enclosed area that is below and contiguous with the drill floor to the boundaries of the derrick or to the extent of any enclosure which is liable to trap gasses. (e) A semi-enclosed derrick to the extent of its enclosure above the drill floor or to a height of 3 m (10 ft.) above the drill floor, whichever is greater. (f) Except as provided in §108.175 an enclosed space that has an opening into a Class I, Division 2 location. §108.175 Contiguous Locations. An enclosed space that has direct access to a Division 1 or Division 2 location is the same division as that location, except– (a) An enclosed space that has direct access to a Division 1 location is not a hazardous location if– (1) The access has self-closing gas-tight doors that form an air lock; (2) The ventilation causes greater pressure in the space than in the Division 1 location; and (3) Loss of ventilation overpressure activates an alarm at a manned station; (b) An enclosed space that has direct access to a Division 1 location can be considered as a Division 2 location if– (1) The access has a self-closing, gas-tight door that opens into the space and that has no hold-back device; (2) Ventilation causes the air to flow with the door open from the space into the Division 1 location; and (3) Loss of ventilation activates an alarm at a manned control station; and (c) An enclosed space that has direct access to a Division 2 location is not a hazardous location if– (1) The access has a self-closing, gas-tight door that opens into the space and that has no hold-back device; (2) Ventilation causes the air to flow with the door open from the space into the Division 2 location; and 130
(3) Loss of ventilation activates an alarm at a manned control station. §108.177 Electrical Equipment In Classified Locations. Electrical equipment and devices installed in spaces made non-
hazardous by the methods indicated in §108.175 must only be essential equipment. VENTILATION §108.181 Ventilation For Enclosed Spaces. (a) Each enclosed space must be vented or ventilated. (b) There must be a means to close each vent or ventilating system. (c) Each fan in a ventilating system must have remote controls installed in accordance with part 111, subpart 111.103, of this chapter. (d) There must be a means to close each doorway, ventilator, and annular space around each funnel or other opening to machinery, stowage, or working spaces. The means must be located outside the space. (e) Each intake in a ventilating system must be located so as to prevent, as far as practicable, the intake of noxious fumes. [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 94-108, 61 FR 28270, June 4, 1996] §108.185 Ventilation For Enclosed Classified Locations. (a) The ventilation system for each enclosed classified location must be designed to maintain a pressure differential between the enclosed classified location and each non-classified location adjacent to the enclosed classified location, so as to prevent the discharge of ignitable gases into the non-classified adjacent locations. (b) Each air intake must be outside of enclosed classified locations. (c) Each unit must have alarms that are powered independently of the ventilation motor power and control circuitry and sound at a continuously manned station when– (1) Gas is present in an enclosed classified location; or (2) The ventilation system for the space is not working. (d) Each ventilation system for enclosed classified locations must provide a complete change of air every five minutes. [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 94-108, 61 FR 28270, June 4, 1996] §108.187 Ventilation For Brush Type Electric Motors In Classified Spaces. Ventilation for brush type electric motors in classified locations must meet N.F.P.A. 496-1974 "Standard for Purged and Pressurized Enclosures for Electrical Equipment in Hazardous Locations", except audible and visual alarms may be used if shutting down the motors may cause unsafe conditions. ACCOMMODATION SPACES §108.193 Restrictions. (a) There must be no direct communication between the accommodation spaces and any chainlocker, stowage, or machinery space, except through solid, close-fitted doors or hatches. (b) No access, vent, or sounding tube from a fuel or oil tank may open into any accommodation space, except that accesses and sounding tubes may open into corridors. §108.195 Location Of Accommodation Spaces. (a) On surface type units, accommodation spaces must not be located forward of a vertical plane located at 5 percent of the unit's length aft of the stem, at the designed summer load line. (b) On all units, the deckhead of each accommodation space must be above the deepest load line. §108.197 Construction Of Accommodation Spaces. (a) Each sleeping, mess, recreational, or hospital space that is adjacent to or immediately above a stowage or machinery space, paint locker, drying room, washroom, toilet space, or other odor source must be made odorproof. (b) Each accommodation space that is adjacent to or immediately above a galley, machinery space, machinery casing, boiler room, or other noise or heat source, must be protected from the heat and noise. (c) Where the shell or an unsheathed weather deck forms a boundary of an accommodation space, the shell of deck must have a covering that prevents the formation of moisture. (d) The deckheads of each accommodation space must be a light color. (e) Each accommodation space in which water may accumulate must have a drain scupper located in the lowest part of the space, considering the average trim of the unit. (f) Each public toilet space must be constructed and located so that its odors do not readily enter any sleeping, mess, recreational, or hospital space. §108.199 Arrangement Of Sleeping Spaces. To the extent practicable, each occupation group must be berthed together in sleeping spaces arranged to minimize disturbance created by personnel leaving for or arriving from a working period. §108.201 Size Of Sleeping Spaces. (a) No sleeping space may berth more than four persons, except that a sleeping space for personnel not regularly employed on a unit may berth up to six persons if the space meets §108.199 and berthing of six persons in that space is authorized by the Commandant (G-MSO). (b) Without deducting any equipment used by the occupants, each sleeping space must have for each occupant– (1) 2.8 square meters (approximately 30 square feet) of deck area; and (2) 6 cubic meters (approximately 210 cubic feet) of volume. (c) Each sleeping space must have at least 191 centimeters (approximately 6 feet 3 inches) of headroom over clear deck areas. [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 82-063b, 48 FR 4781, Feb. 3, 1983; CGD 95-072, 60 FR 50465, Sept. 29, 1995; CGD 96-041, 61 FR 50730, Sept. 27, 1996] §108.203 Berths And Lockers. (a) Each sleeping space must have a separate berth for each occupant. (b) No more than one berth may be placed over another. (c) Each berth must have a framework of hard, smooth material that is not likely to corrode or harbor vermin. 131
(d) Each berth must be arranged to provide ample room for easy occupancy. (e) Each berth must be at least 76 centimeters (approximately 30 inches) wide by 193 centimeters (approximately 76 inches) long. (f) Adjacent berths must be separated by a partition that extends at least 46 centimeters (approximately 18 inches) above the sleeping surface. (g) The bottom of a lower berth must be at least 30 centimeters (approximately 12 inches) above the deck. (h) The bottom of an upper berth must be at least 76 centimeters (approximately 2 feet 6 inches) from the bottom of the berth below it and from the deck or any pipe, ventilating duct, or other overhead installation. (i) Each berth must have a berth light. (j) Each occupant of a sleeping space must have a readily accessible locker of hard, smooth material. (k) Each locker must be at least .194 square meters (approximately 300 square inches) in cross section and 1.53 meters (approximately 60 inches) high. §108.205 Wash Spaces; Toilet Spaces; And Shower Spaces. (a) For the purposes of this section– (1) "Private facility" means a toilet, washing, or shower space that is accessible only from one single or double occupancy sleeping space; (2) "Semi-private facility" means a toilet, washing or shower space that is accessible from either of two one-to-four person occupancy sleeping spaces; and (3) "Public facility" means a toilet, washing, or shower space that is not private or semi-private. (b) Each private facility must have one toilet, one shower, and one washbasin, all of which may be in a single space. (c) Each semi-private facility must have at least one toilet and one shower, which may be in a single space. (d) Each room adjoining a semi-private facility must have a washbasin if a washbasin is not installed in a semi-private facility. (e) Each unit must have enough public facilities to provide at least one toilet, one shower, and one washbasin for each eight persons who occupy sleeping spaces that do not have private or semi-
private facilities. (f) Urinals may be installed in toilet rooms, but no toilet required in this section may be replaced by a urinal. (g) Each public toilet space and washing space must be convenient to the sleeping space that it serves. (h) No public facility may open into any sleeping space. (i) Each washbasin, shower, and bathtub must have hot and cold running water. (j) Adjacent toilets must be separated by a partition that is open at the top and bottom for ventilation and cleaning. (k) Public toilet facilities and shower facilities must be separated. (l) Each public facility that is a toilet space must have at least one washbasin unless the only access to the toilet space is through a washing space. (m) Each toilet must have an open front seat. (n) Each washing space and toilet space must be so constructed and arranged that it can be kept in a clean and sanitary condition and the plumbing and mechanical appliances kept in good working order. (o) Washbasins may be located in sleeping spaces. §108.207 Messrooms. (a) Each messroom that is not adjacent to the galley that serves it must be equipped with a steamtable. (b) Each messroom must seat the number of persons expected to eat in the messroom at one time. §108.209 Hospital Spaces. (a) Each unit carrying twelve or more persons on a voyage of more than three days must have a hospital space. (b) Each hospital space must be suitably separated from other spaces. (c) No hospital space may be used for any other purpose, when used for care of the sick. (d) An entrance to each hospital space must be wide enough and arranged to readily admit a person on a stretcher. (e) Each berth in a hospital space must be made of metal. (f) Each upper berth must be hinged and arranged so that it can be secured clear of the lower berth. (g) Each hospital space must have at least one berth that is accessible from both sides. (h) Each hospital space must have one berth for every 12 persons or portion thereof on board, who are not berthed in single occupancy rooms, but the number of berths need not exceed six. (i) Each hospital space must have a toilet, washbasin, and bathtub or shower accessible from the hospital space. (j) Each hospital space must have clothes lockers, a table, and seats. §108.210 Hospital Space Not Required. (a) The hospital space required under §108.209 is not required on a unit if one single or double occupancy sleeping space, designated and equipped as a treatment or isolation room or both is available for immediate medical use, and has– (1) An entrance that is wide enough and arranged to readily admit a person on a stretcher; (2) A single berth or examination table that is accessible from both sides; and (3) A washbasin in or immediately adjacent to it. §108.211 Miscellaneous Accommodation Spaces. (a) Each unit must have enough facilities for personnel to wash their own clothes, including at least one tub or sink that has hot and cold running water. (b) Each unit must have enough equipment or space for the personnel to dry their own clothes. (c) Each unit must have an accommodation space that can be used for recreation. §108.213 Heating Requirements. (a) Each accommodation space must be heated by a heating 132
system that can maintain at least 20°C. (68°F.). (b) Radiators and other heating apparatuses must be constructed, located or shielded so as to avoid risk of– (1) Fire; (2) Danger; and (3) Discomfort to the occupants of each accommodation space. (c) Each exposed pipe in an accommodation space, leading to a radiator or other heating apparatus must be insulated. §108.215 Insect Screens. (a) Accommodation spaces must be protected against the admission of insects. (b) Insect screens must be installed when natural ventilation is provided. Rails §108.217 Guardrails And Bulwarks. (a) Each unit must have guardrails or bulwarks along the edge of the bridge, of each deck, and of each deck opening. (b) Each guardrail and bulwark must extend at least one meter (39.37 inches) above the deck except where this height may interfere with the normal operation of the unit, a lesser height may be approved. (c) Removable guardrails may be installed where operating conditions warrant their use. §108.219 Guardrails. (a) Except for exposed peripheries of a freeboard or superstructure deck, each guardrail must have at least two evenly spaced courses. (b) At exposed peripheries of a freeboard or superstructure deck, each guardrail must have at least three courses not more than 38 centimeters (15 in.) apart with the lowest course not more than 23 centimeters (9 in.) above the deck. (c) For a rounded gunwale, the guardrail must be at the edge of the flat of the deck. §108.221 Storm Rails. Each unit must have a storm rail in the following locations: (a) On each deckhouse side that is normally accessible. (b) On each side of each passageway that is wider than 1.83 meters (6 feet). (c) On at least one side of each passageway that is less than 1.83 meters (6 feet) wide. §108.223 Guards On Exposed Equipment. Each unit must have hand covers, guards, or rails installed on all belts, gears, shafts, pulleys, sprockets, spindles, flywheels or other reciprocating, rotating or moving parts of machinery or equipment normally exposed to contact by personnel. Helicopter Facilities §108.231 Application. Sections 108.231 through 108.241 apply to each unit with a helicopter landing facility. §108.233 Location And Size. (a) Each helicopter deck must be– (1) At least the size of the rotor diameter of the largest single main rotor helicopter that will be used on the facility; or (2) If tandem main rotor helicopters use the facility, at least of a size to provide a longitudinal axis of 9/10 the overall length of the helicopter, and a width of 3/4 of the overall length of the helicopter. [NOTE: For the purpose of paragraph (a)(2) the overall length is measured across both main rotors in the fore and aft line.] (b) Each helicopter deck must be located so as to provide clear approach/departure paths to enable the largest helicopter using the facility to operate in all weather conditions which allow helicopter operations. §108.235 Construction. (a) Each helicopter deck must be designed to accommodate the loadings (static and dynamic) imposed by operation and stowage of helicopters intended to use the facility as well as environmental loadings (wind, wave, water, snow, etc.) anticipated for the unit. (b) The adequacy of each helicopter deck for the loadings required in paragraph (a) of this section must be shown by design calculations. Where the placement of a load affects the suitability of a structural member, the load must be evaluated in the most unfavorable position for each member. (c) The analysis required in paragraph (b) of this section must be based on the dead load of the structure, existing stresses in the deck when it is an integral part of a unit's structure, and each of the following loading conditions: (1) Uniform distributed loading. A loading of 2kg/m2 (42 lb/ft2) applied to the helicopter deck area. (2) Helicopter landing impact loading. The limit load established by the limit drop test in 14 CFR 29.725, or a load of not less than 75 percent of the helicopter maximum weight taken on a square area of 0.3 x 0.3 m (1 ft. x 1 ft.) under each main landing gear unit applied anywhere on the helicopter deck area. (3) Stowed helicopter loading. The helicopter maximum weight plus inertial forces from the helicopter due to anticipated unit motions, and applicable environmental loadings including wind loads. (d) The landing area of each helicopter facility must– (1) Have a non-skid surface; (2) Have drainage facilities that prevent the collection of liquids and prevent liquids from spreading to or falling on other parts of the unit; (3) Have recessed tie-down points; and (4) Be free of projections, except that landing lights or other projections may be installed around the periphery of the landing deck provided they do not interfere with landing and take-off operations. (e) The unprotected perimeter of each helicopter facility must have a safety net at least 1.5 meters (4.92 ft.) wide. The outer edge of the net must not extend more than 15 centimeters (6 in.) above the surface of the deck. (f) Each helicopter facility must have both a main and an emergency access/egress route located as far apart from each other as practicable. §108.237 Fuel Storage Facilities. (a) Helicopter fuel storage tanks must be installed as far as practicable from– 133
(1) The landing area; and (2) Each source of vapor ignition. (b) Independent tanks must meet Subpart 58.50 of this Chapter. (c) Marine portable fuel stowage tanks must meet Part 64 of this chapter. (d) Each marine portable fuel stowage tank must have a means to contain fuel spills or leaks. [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by USCG-1999-6216, 64 FR 53226, Oct. 1, 1999] §108.239 Fuel Transfer Equipment. (a) Each nozzle must be a "deadman" type. (b) Each hose must have a storage reel. (c) Each hose must have a static grounding device. (d) Each electric fuel transfer pump must have a control with a fuel transfer pump operation indicator light at the pump. (e) There must be a fuel pump shut off at each of the access routes required by §108.235(f). (f) Each fuel transfer pump and each hose reel must have a means to contain fuel spills or leaks. (g) Each hose must meet chapter 3 "Aircraft Fueling Hose" of National Fire Protection Association Standard for Aircraft Fuel Servicing (N.F.P.A. No. 407-1975). §108.241 Visual Aids. (a) Each helicopter deck must– (1) Have a wind direction indicator located in an unobstructed area readily visible to helicopter pilots approaching the deck; (2) Be fitted around the perimeter with yellow and blue lights in alternate order, not more than 3 meters (10 ft.) apart; and (3) Be marked with– (3)(i) The unit's identification; (3)(ii) A continuous line 40 centimeters (16 in.) wide on the perimeter; and (3)(iii) Aiming circles as may be appropriate considering deck configuration, helicopter type, and operational requirements. (b) All markings must be in a contrasting color to the surface of the deck. Subpart C – Stability §108.301 Stability. Each unit must meet the requirements in Subchapter S of this chapter that apply to Mobile Offshore Drilling Units. [CGD 79-023, 48 FR 51008, Nov. 4, 1983] Subpart D – Fire Extinguishing Systems §108.401 Fire Main System. Each unit must have a fire main system. §108.403 Fire Extinguishing Systems: General. (a) Each of the following on a unit must have an approved fixed gaseous type extinguishing system: (1) Each paint locker, oil room, and similar space. (2) Each enclosed space containing internal combustion or gas turbine main propulsion machinery. (3) Each enclosed space containing internal combustion machinery with an aggregate power of at least 1000 B.H.P. (4) Each enclosed space containing a fuel oil unit, including purifiers, valves, or manifolds for main propulsion machinery or internal combustion machinery with an aggregate power of at least 1000 B.H.P. (5) Each enclosed ventilation system for electric motors or generators used for vital services including bilge pumps, fire pumps, or propulsion. (b) Each space containing an oil fired boiler, the fuel oil unit or valves for the boiler, or manifolds in the line between the fuel settling tanks and the boiler on a unit must have a fixed gas type, foam, or other approved fire extinguishing system. [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 95-027, 61 FR 26008, May 23, 1996] §108.403a Fire Extinguishing Systems: Non-Vital Services. Each enclosed ventilating system for electric motors or generators not used for vital services must have an access into the system for firefighting or be protected by a fixed fire protection system. §108.404 Selection Of Fire Detection System. (a) If a fire detector is in a space, it must provide effective detection of fires most likely to occur in the space. (b) The fire detection system must be designed to minimize false alarms. §108.405 Fire Detection System. (a) Each fire detection system and each smoke detection system on a unit must– (1) Be approved by the Commandant; and (2) Have a visual alarm and an audible alarm in the pilothouse or at a normally manned control station for the system. (b) Each fire detection system must be divided into zones to limit the area covered by any particular alarm signal. (c) Each visual alarm must– (1) Have a chart or diagram next to the alarm that shows the location of the zones in the system and that contains the instructions for operating, and testing the system; (2) When activated show the zone in the system where fire has been detected; and (3) Be in a noticeable location in the pilothouse or control station. §108.407 Detectors For Electric Fire Detection System. (a) Each detector in an electric fire detection system must be located where– (1) No portion of the overhead of a space protected is more than 3 meters (10 feet) from a detector; (2) Beams and girders extending below the ceiling of the space protected and any other obstructions do not detract from the effectiveness of the detector; and (3) Damage to the detector is unlikely to occur if it is not protected. 134
(b) Each detector must be set to activate at not less than 57°C (135°F) and at not more than 73°C (165°F), except that if a space normally has a high ambient temperature each detector may be set to activate at not less than 80°C (175°F) and not more than 107°C (225°F). §108.409 Location And Spacing Of Tubing In Pneumatic Fire Detection System. (a) All tubing in a pneumatic fire detection system must be on the overhead or within 300 millimeters (12 inches) of the overhead on a bulkhead in a location where– (1) No portion of the overhead is more than 3.6 meters (12 feet) from the nearest point of tubing; (2) Beams or girders extending below the ceiling or other obstructions do not detract from the effectiveness of the tubing; and (3) Damage to the tubing, is unlikely to occur if it is not protected. (b) If tubing in a tubing circuit is installed in an enclosed space, at least 5% of the tubing in the circuit must be exposed in the space, except that at least 7.6 meters (25 feet) of tubing must always be exposed in the space. (c) A pneumatic fire detection system must be set to activate after approximately a 22°C. (40°F.) per minute increase in temperature at the center of the circuit in the system. §108.411 Smoke Detection System. Each smoke accumulator in a smoke detection system must be located on the overhead of the compartment protected by the system in a location– (a) Where no portion of the overhead of the compartment is more than 12 meters (40 feet) from an accumulator; (b) That is no closer to the opening of a ventilator than 3 times the diameter or equivalent size of the opening. (c) Where damage to the accumulator is unlikely to occur if it is not protected. §108.413 Fusible Element Fire Detection System. (a) A fusible element fire detection system may be installed. (b) The arrangements for the system must be acceptable to the Commandant. Fire Main System §108.415 Fire Pump: General. A fire main system must have at least two independently driven fire pumps that can each deliver water at a continuous pitot tube pressure of at least 3.5 kilograms per square centimeter (approximately 50 pounds per square inch) at least two fire hose nozzles that are connected to the highest two fire hydrants on the unit. Alternative designs that meet the pressure requirement of this paragraph will be considered for column stabilized and self elevating units. §108.417 Fire Pump Components And Associated Equipment. (a) Each fire pump in a fire main system must have a relief valve on its discharge side that is set to relieve at 1.75 kilograms per square centimeter (approximately 25 pounds per square inch) in excess of the pump discharge pressure necessary to meet the pressure required in §108.415 for the pump or 8.6 kilograms per square centimeters (approximately 125 pounds per square inch), whichever is greater. A relief valve may be omitted if the pump operating under shut off condition is not capable of developing the pressure described in §108.415 plus 1.75 kilograms per square centimeter (25 pounds per square inch). (b) Each fire pump in a fire main system must have a pressure gauge on its discharge side. (c) Fire pumps may be used for other purposes. One of the required pumps must be kept available for use on the fire system at all times. If a fire pump is used in a system other than the fire main system, except for branch lines connected to the fire main for deck washing, each pipe connecting the other system must be connected to the pump discharge through a shut off valve at a manifold near the pump. If the fire pump exceeds the pressure in §108.417(a), the pipe leading from the discharge manifold to other portions of the fire main system must have a reducing station and a pressure gauge in addition to the pressure gauge required by paragraph (b) of this section. (d) If a fire pump has a reducing station, the relief valve required by paragraph (a) of this section for the pump and the additional pressure gauge required in paragraph (c) of this section must not be located on the discharge side of the reducing station. (e) An oil line must not be connected to a fire pump. [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 95-028, 62 FR 51208, Sept. 30, 1997] §108.419 Fire Main Capacity. The diameter of the fire main must be sufficient for the effective distribution of the maximum required discharge from two fire pumps operating simultaneously. §108.421 Location Of Fire Pumps And Associated Equipment. Each fire pump required by §108.415, and the source of power, controls, sea connections for the fire pump, and booster pumps, if installed, must be installed in locations where, if a fire occurs in an enclosed space, all of the fire pumps on the unit are not made inoperative, except that if compliance with this requirement is impracticable, a gas type extinguishing system may be installed to protect at least one of the fire pumps, its source of power, and controls. §108.423 Fire Hydrants And Associated Equipment. (a) A fire main system must have enough fire hydrants so that each accessible space may be sprayed with at least two spray patterns of water. (b) In a main machinery space, except a shaft alley with no assigned space for stowage of combustibles, each spray pattern of water must be from one length of fire hose and each must be from a separate outlet. In all other spaces at least one spray pattern of water must be from one length of fire hose. (c) No outlet on a fire hydrant may point above the horizontal. (d) Each fire hydrant must have at least one spanner and at least one fire hose rack or reel. §108.425 Fire Hoses And Associated Equipment. (a) Each length of fire hose in a fire main system must be– (1) Of 1 1/2 or 2 1/2 inch nominal hose size diameter; (2) Of 50 foot nominal hose size length; and (3) Lined commercial fire hose that meets Standard 19 of the Underwriters' Laboratories, Inc., (1971 edition) or Federal Specification ZZ-H-451f. (b) Fire station hydrant connections shall be brass, bronze, or other equivalent metal. Couplings shall either: 135
(1) Use National Standard fire hose coupling threads for the 1 1/2 inch (38 millimeter) and 2 1/2 inch (64 millimeter) hose sizes, i.e., 9 threads per inch for 1 1/2 inch hose, and 7 1/2 threads per inch for 2 1/2 inch hose; or (2) Be a uniform design for each hose diameter throughout the vessel. (c) Each nozzle for a firehose in a fire main system must be a combination solid stream and water spray firehose nozzle that is approve under subpart 162.027. Combination solid stream and water spray nozzles previously approved under subpart 162.027 of this chapter may be retained so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. (d) A combination solid stream and water spray firehose nozzle previously approved under subpart 162.027 of this chapter, must have a low-velocity water spray applicator also previously approved under subpart 162.027 of this chapter when installed in– (1) Machinery spaces containing oil fired boilers, internal combustion machinery or oil fuel units; and (2) Helicopter decks. [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 95-027, 61 FR 26008, May 23, 1996; CGD 95-028, 62 FR 51208, Sept. 30, 1997] §108.427 International Shore Connection. A fire main system on a unit in international service must have– (a) At least one international shore connection that meets ASTM F 1121 (incorporated by reference, see §105.01-3). (b) A cutoff valve and check valve for each connection; and (c) Facilities available enabling the connection to be used on either side of the unit. [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 88-032, 56 FR 35826, July 29, 1991; 65 FR 58455, Sept. 29, 2000] §108.429 Fire Main System Protection. (a) Each pipe and fire hydrant in a fire main system must be installed to the extent practicable in locations that are not exposed to damage by materials that are moved on or onto the deck. (b) Each part of the fire main system located on an exposed deck must either be protected against freezing or be fitted with cutout valves and drain valves to shut off and drain the entire exposed system in freezing weather. Automatic Sprinkling System §108.430 General. Automatic Sprinkler Systems shall comply with NFPA 13-1996. [CGD 95-028, 62 FR 51208, Sept. 30, 1997] Fixed Carbon Dioxide Fire Extinguishing Systems §108.431 Carbon Dioxide Systems: General. (a) Sections 108.431 through 108.457 apply to high pressure carbon dioxide fire extinguishing systems. (b) Low pressure systems, that is, those in which the carbon dioxide is stored in liquid form at low temperature, must be approved by the Commandant. (c) Each carbon dioxide system cylinder must be fabricated, tested, and marked in accordance with §§147.60 and 147.65 of this chapter. [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 84-044, 53 FR 7749, Mar. 10, 1988] §108.433 Quantity Of CO
2
: General. Each CO
2
system must have enough gas to meet the quantity requirements of §108.439 for the space requiring the greatest amount of CO
2
. §108.437 Pipe Sizes And Discharge Rates For Enclosed Ventilation Systems For Rotating Electrical Equipment. (a) The minimum pipe size for the initial charge must meet table 108.441 and the discharge of the required amount of CO
2
must be completed within 2 minutes. (b) The minimum pipe size for the delayed discharge must be at least 1.25 centimeters (1/2 inch) standard pipe. (c) The pipe used for the initial discharge must not be used for the delayed discharge, except systems having a volume of less than 57 cubic meters (2,000 cubic feet). §108.439 Quantity Of CO
2
For Protection Of Spaces. (a) The number of pounds of CO
2
required to protect a space must be equal to the gross volume of the space divided by the appropriate factor from Table 108.439. (b) If a machinery space includes a casing, the gross volume of the space may be calculated using the reductions allowed in 46 CFR 95.10-5(e). (c) If fuel can drain from a space to an adjacent space or if two spaces are not entirely separate, the requirements for both spaces must be used to determine the amount of CO
2
to be provided and the CO
2
system must be arranged to discharge into both spaces simultaneously. TABLE 108.439–CO
2
Supply Factors [Gross volume of space in cubic feet] Over Not Over Factory 0 500 15 500 1,600 16 1,600 4,500 18 4,500 50,000 20 50,000 22 §108.441 Piping And Discharge Rates For CO
2
Systems. (a) The size of branch lines to spaces protected by a CO
2
system must meet Table 108.441. (b) Distribution piping within a space must be proportioned from the supply line to give proper distribution to the outlets without throttling. (c) The number, type, and location of discharge outlets must distribute the CO
2
uniformly throughout the space. 136
TABLE 108.441–CO
2
System Pipe Size CO
2 supply in system, kilograms (pounds) Minimum pipe size (inches), millimeters (inches) 45 (100) 12.7 (½). 104 (225) 19.05 (¾). 136 (300) 25.4 (1). 272 (600) 31.75 (1¼). 450 (1,000) 38.10 (1½). 1,110 (2,450) 50.80 (2). 1,130 (2,500) 63.5 (2½). 2,023 (4,450) 76.2 (3). 3,229 (7,100) 88.9 (3½). 4,750 (10,000) 101.6 (4). 6,818 (15,000) 114.3 (4½). (d) The total area of all discharge outlets must be more than 35 percent and less than 85 percent of the nominal cylinder outlet area or the area of the supply pipe, whichever is smaller. The nominal cylinder outlet area in square centimeters is determined by multiplying the factor 0.0313 by the number of kilograms of CO
2
required. (The nominal cylinder outlet area in square inches is determined by multiplying the factor 0.0022 by the number of pounds of CO
2
required). The nominal cylinder outlet area must not be less than 71 square millimeters (0.110 square inches). (e) A CO
2
system must discharge at least 85 percent of the required amount within 2 minutes. §108.443 Controls And Valves. (a) At least one control for operating a CO
2
system must be outside the space or spaces that the system protects and in a location that would be accessible if a fire occurred in any space that the system protects. Control valves must not be located in a protected space unless the CO
2
cylinders are also in the protected space. (b) A CO
2
system that protects more than one space must have a manifold with a stop valve, the normal position of which is closed, that directs the flow of CO
2
to each protected space. (c) A CO
2
system that protects only one space must have a stop valve installed between the cylinders and the discharge outlets in the system, except on a system that has a CO
2
supply of 136 kilograms (300 pounds) or less. (d) At least one of the control stations in a CO
2
system that protects a machinery space must be as near as practicable to one of the main escapes from that space. (e) All distribution valves and controls must be of an approved type. (f) Each CO
2 system that has a stop valve must have a remote control that operates only the stop valve and must have a separate remote control for releasing the required amount of CO
2
into the space protected by the system. (g) Each CO
2
system that does not have a stop valve must be operated by a remote control that releases the required amount of CO
2 into the space protected by the system. (h) Remote controls to each space must be in an enclosure. (i) Each system must have a manual control at its cylinders for releasing CO
2
from the cylinders, except that if the system has pilot cylinders, a manual control is not required for other than pilot cylinders. (j) If gas pressure is used to release CO
2
from a system having more than 2 cylinders, the system must have at least 2 pilot cylinders to release the CO
2
from the remaining cylinders. (k) If the entrance to a space containing the CO
2
supply or controls of a CO
2
system has a lock, the space must have a key to the lock in a break-glass type box that is next to and visible from the entrance. §108.445 Alarm And Means Of Escape. (a) Each CO
2
system that has a supply of more than 136 kilograms (300 pounds) of CO
2
, except a system that protects a tank, must have an alarm that sounds for at least 20 seconds before the CO
2
is released into the space. (b) Each audible alarm for a CO
2
system must have the CO
2
supply for the system as its source of power and must be in a visible location in the spaces protected. §108.447 Piping. (a) Each pipe, valve, and fitting in a CO
2
system must have a bursting pressure of at least 420 kilograms per square centimeter (6,000 pounds per square inch). (b) All piping for a CO
2
system of nominal size of 19.05 millimeters (3/4 inch) inside diameter or less must be at least Schedule 40 (standard weight) and all piping of nominal size over 19.05 millimeters (3/4 inch) inside diameter must be at least Schedule 80 (extra heavy). (c) Each pipe, valve, and fitting made of ferrous materials in a CO
2
system must be protected inside and outside from corrosion. (d) Each CO
2
system must have a pressure relief valve set to relieve between 168 and 196 kilograms per square centimeter (2,400 and 2,800 pounds per square inch) in the distribution manifold or other location that protects the piping when all branch line shut off valves are closed. (e) The end of each branch line in a CO
2
system must extend at least 50 millimeters (2 inches) beyond the last discharge outlet and be closed with a cap or plug. (f) Piping, valves, and fittings in a CO
2
system must be securely supported and protected from damage. (g) Each CO
2
system must have drains and dirt traps located where dirt or moisture can accumulate in the system. (h) Discharge piping in a CO
2
system may not be used for any other purpose except as part of a fire detection system. (i) Piping in a CO
2
system that passes through accommodation spaces must not have drains or other openings within these spaces. §108.449 Piping Tests. (a) Each test prescribed in (b), (c), and (d) of this section must be performed upon completion of the piping installation. (b) When tested with CO
2
or other inert gas under a pressure of 70 kilograms per square centimeter (1000 pounds per square inch), with no additional gas introduced into the system, the leakage in the piping from the cylinders to the stop valves in the manifold must not allow a pressure drop of more than 10.5 kilograms per square centimeter (150 pounds per square inch) per minute for a 2 minute period. (c) When tested with CO
2
or other inert gas under a pressure of 42 kilograms per square centimeter (600 pounds per square inch), with no additional gas introduced into the system, the leakage in each branch line must not allow a pressure drop of more than 10.5 kilograms per square centimeter (150 pounds per square inch) per minute for a 2-minute period. The distribution piping must be capped within the protected space. (d) Small independent systems protecting emergency generator rooms, lamp lockers and similar small spaces need not meet the tests prescribed in paragraphs (a) and (b) of this section if they 137
are tested by blowing out the piping with air at a pressure of at least 7 kilograms per square centimeter (100 pounds per square inch). §108.451 CO
2
Storage. (a) Except as provided in paragraph (b) of this section, each cylinder of a CO
2
system must be outside each space protected by the system and in a location that would be accessible if a fire occurred in any space protected by the system. (b) A CO
2
system that has a CO
2
supply of 136 kilograms (300 pounds) or less may have one or more cylinders in the space protected by the system if the space has a heat detection system to activate the system automatically in addition to the remote and manual controls required by this subpart. (c) Each space that contains cylinders of a CO
2
system must be ventilated and designed to prevent an ambient temperature of more than 54°C. (130°F.) (d) Each cylinder in a CO
2
system must be securely fastened, supported, protected from damage, in an accessible location, and capable of removal from that location. (e) Each unit must have a means for weighing cylinders of a CO
2
system. (f) A cylinder in a CO
2
system may not be mounted in a position that is inclined more than 30° from a vertical position, except that a cylinder having flexible or bent siphon tubes may be mounted in a position that is inclined up to 80° from the vertical. The bottom of each cylinder when mounted must be at least 5 centimeters (2 inches) from the deck. (g) If a cylinder does not have a check valve on its independent cylinder discharge, it must have a plug or cap to close the outlet when the cylinder is moved. [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 84-044, 53 FR 7749, Mar. 10, 1988] §108.453 Discharge Outlets. Each discharge outlet must be of an approved type. §108.455 Enclosure Openings. (a) Mechanical ventilation for spaces protected by a CO
2
system must be designed to shut down automatically when the system is activated. (b) Each space that is protected by a CO
2
system and that has natural ventilation must have a means for closing that ventilation. (c) Each space protected by a CO
2
system must have the following means for closing the openings to the space from outside the space: (1) Doors, shutters, or dampers for closing each opening in the lower portion of the space. (2) Doors, shutters, dampers or temporary means such as canvas or other material normally on board a unit may be used for closing each opening in the upper portion of the space. §108.457 Pressure Release. Each air tight or vapor tight space, such as a paint locker, that is protected by a CO
2
system must have a means for releasing pressure that accumulates within the space if CO
2
is discharged into the space. Halogenated Gas Extinguishing Systems §108.458 General. Halogenated gas extinguishing systems may be installed if approved by the Commandant. Foam Extinguishing Systems §108.459 Number And Location Of Outlets. (a) A foam extinguishing system in a space must have enough outlets to spread a layer of foam of uniform thickness over the deck or bilge areas of the space. (b) A foam extinguishing system in a space that has a boiler on a flat that is open to or can drain into a lower portion of the space must have enough outlets to spread a layer of foam of uniform thickness over the– (1) Flat; and (2) Deck or bilge areas of the space. (c) A foam extinguishing system for a tank must have enough outlets to spread a layer of foam of uniform thickness over the surface of the liquid in the tank. §108.461 Coamings. Each machinery flat in a space that has a foam extinguishing system must have coamings that are high enough to retain spilled oil and foam on the flat on all openings except deck drains. §108.463 Foam Rate: Protein. (a) If the outlets of a protein foam extinguishing system are in a space, the foam rate at each outlet must be at least 6.52 liters per minute for each square meter (.16 gallons per minute for each square foot) of area covered by the systems. (b) If the outlets of a protein foam extinguishing system are in a tank, the foam rate at each outlet must be at least 4.07 liters per minute for each square meter (.1 gallon per minute for each square foot) of liquid surface in the tank. §108.467 Water Supply. The water supply of a foam extinguishing system must not be the water supply of the fire main system on the unit unless when both systems are operated simultaneously– (a) The water supply rate to the foam production equipment meets the requirements of this section; and (b) Water supply rate to the fire hydrants required by §108.415 of this subpart allows compliance with the pressure requirement in that section. §108.469 Quantity Of Foam Producing Materials. (a) Except as provided in paragraph (b) of this section, each foam extinguishing system with outlets– (1) In a tank must have enough foam producing material to discharge foam for at least 5 minutes at each outlet; and (2) In a space must have enough foam producing material to discharge foam for at least 3 minutes at each outlet. (b) If a foam system has outlets in more than one tank or space, the system need have only enough foam producing material to cover the largest space that the system covers or, if the liquid surface of a tank covered by the system is larger, the tank with the largest liquid surface. §108.471 Water Pump. Each water pump in a foam extinguishing system must be outside each machinery space in which the system has outlets and must not receive power from any of those spaces. §108.473 Foam System Components. (a) Each foam agent, each tank for a foam agent, each discharge outlet, each control, and each valve for the operation of a foam extinguishing system must be approved by the Commandant. 138
(b) Each foam agent tank and each control and valve for the operation of a foam extinguishing system with outlets in a space must be outside the pace and must not be in a space that may become inaccessible if a fire occurs in the space. (c) Each control for a foam extinguishing system with outlets in a space must be near a main escape from the space. §108.474 Aqueous Film Forming Foam Systems. Aqueous film forming foam systems may be installed if approved by the Commandant. §108.475 Piping. (a) Each pipe, valve, and fitting in a foam extinguishing system must meet the applicable requirements in Subchapter F of this chapter. (b) Each pipe, valve, and fitting made of ferrous material must be protected inside and outside from corrosion. (c) Each pipe, valve, and fitting must have support and protection from damage. (d) Each foam extinguishing system must have enough– (1) Dirt traps to prevent the accumulation of dirt in its pipes; and (2) Drains to remove liquid from the system. (e) Piping in a foam extinguishing system must be used only for discharging foam. §108.477 Fire Hydrants. (a) If a fixed foam extinguishing system has outlets in a main machinery space, at least 2 fire hydrants, in addition to the fire hydrants required by §108.423 of this subpart, must be installed outside the entrances to the space with each at a separate entrance. (b) Each hydrant must have enough hose to spray any part of the space. (c) Each hydrant must have a combination nozzle and applicator. Fire Protection for Helicopter Facilities §108.486 Helicopter Decks. At least two of the accesses to the helicopter landing deck must each have a fire hydrant on the unit's fire main system located next to them. §108.487 Helicopter Deck Fueling Operations. (a) Each helicopter landing deck on which fueling operations are conducted must have a fire protection system that discharges protein foam or aqueous film forming foam. (b) a system that only discharges foam must– (1) Have enough foam agent to discharge foam continuously for at least 5 minutes at maximum discharge rate; (2) Have at least the amount of foam agent needed to cover an area equivalent to the swept rotor area of the largest helicopter for which the deck is designed with foam at– (2)(i) If protein foam is used, 6.52 liters per minute for each square meter (.16 gallons per minute for each square foot) of area covered for five minutes; (2)(ii) If aqueous film forming foam is used, 4.07 liters per minute for each square meter (.1 gallons per minute for each square foot) of area covered for five minutes; and (3) Be capable of discharging from each hose at 7 kilograms per square centimeter (100 pounds per square inch) pressure– (3)(i) A single foam stream at a rate of at least 340 liters (90 gallons) per minute; and (3)(ii) A foam spray at a rate of at least 190 liters (50 gallons) per minute. (c) Each system must have operating controls at each of its hose locations, be protected from icing and freezing, and be capable of operation within 10 seconds after activation of its controls. (d) Each system must have at least one hose at each of the two access routes required by §108.235(f) of this part. Each hose must be reel mounted and long enough to cover any point on the helicopter deck. Each hose that discharges foam must have a nozzle that has foam stream, foam spray, and off positions. §108.489 Helicopter Fueling Facilities. (a) Each helicopter fueling facility must have a fire protection system that discharges one of the following agents in the amounts prescribed for the agents over the area of the fuel containment systems around marine portable tanks, fuel transfer pumps and fuel hose reels: (1) Protein foam at the rate of 6.52 liters per minute for each square meter (.16 gallons per minute for each square foot) of area covered for five minutes. (2) Aqueous film forming foam at the rate of 4.07 liters per minute for each square meter (.1 gallon per minute for each square foot) of area covered for five minutes. (3) 22.5 kilograms (50 pounds) of dry chemical (B-V semi-
portable) for each fueling facility of up to 27.87 square meters (300 square feet). (b) If the fire protection system required by §108.487 of this subpart is arranged so that it covers both a helicopter fueling facility and a landing deck, the system must have the quantity of agents required by this section in addition to the quantity required by §108.487. Hand Portable and Semiportable Fire Extinguishing Systems §108.491 General. Each hand portable and semiportable fire extinguisher on a unit must be approved under Subpart 162.028 or 162.039 of this chapter. §108.493 Location. (a) Each unit must have the hand portable and semiportable fire extinguishers prescribed in Table 108.495(a) of this subpart and installed in the locations prescribed in the table. (b) Each portable and semi-portable fire extinguisher must be visible and readily accessible. (c) The location, size, and number of each portable and semiportable fire extinguisher on a unit must be acceptable to the appropriate OCMI. The OCMI may require extinguishers in addition to those prescribed in Table 108.495(a) if he considers them necessary for fire protection on the unit. (d) Each hand portable and semiportable fire extinguisher that has a nameplate which states that it is to be protected from freezing, must be located where freezing temperatures do not occur. §108.495 Spare Charges. 139
(a) Each unit must have enough spare charges for 50 percent of the hand portable fire extinguishers required under Table 108.495(a) of this subpart that are rechargeable by personnel on the unit. (b) If a unit has extinguishers that cannot be recharged by personnel on unit, it must also have at least one spare extinguisher for each classification and variety of those extinguishers. TABLE 108.495(A)–Hand Portable Fire Extinguishers and Semiportable Fire-Extinguishing Systems 140
TABLE 108.495(B) Classification: Type and size Water liters (gallons) Foam liters (gallons) Carbon dioxide kilograms (pounds) Dry chemical kilograms (pounds) Halon 1211 kilograms (pounds) A II 9.5 (2½) 9.5 (2½) 2.25 (5)
3
B I 4.7 (1¼) 1.8 (4) 0.9 (2) 1.1 (2½) B II 9.5 (2½) 6.7 (15) 4.5 (10) 4.5 (10)
5
B III 45.5 (12) 15.8 (35) 9.0 (20) B IV 7.6 (20) 22.5 (50) 13.5 (30) B V 152 (40) 45 (100)
4
22.5 (50)
4
C I 1.8 (4) 0.9 (2) C II 6.7 (15) 4.5 (10) C III 15.8 (35) 9.0 (20) C IV 22.5 (50) 13.5 (30) NOTE: 1
. Fire extinguishers are designed by type as follows: (a) "A" for fires in combustible materials such as wood. (b) "B" for fires in flammable liquids and greases. (c) "C" for fires in electrical equipment. 2
. Fire extinguishers are designated by size where size "I" is the smallest and size "V" is the largest. Sizes "I" and "II" are hand-portable extinguishers and sizes "III", "IV", and "V" are semiportable extinguishers. 3
. Must be specifically approved as a type A, B, or C extinguisher. 4
. For outside use, double the quantity of agent that must be carried. 5
. For outside use only. §108.496 Semiportable Fire Extinguishers. (a) The frame or support of each size III, IV, and V fire extinguisher required by Table 108.495(a), except a wheeled size V extinguisher provided for a helicopter landing deck, must be welded or otherwise permanently attached to a bulkhead or deck. (b) If the following semiportable fire extinguishers have wheels, they must be securely stowed when not in use to prevent them from rolling out of control under heavy sea conditions: (1) Each size V extinguisher required for a helicopter landing deck. (2) Each size III, IV, and V extinguisher that is not required by Table 108.495(a). [CGD 77-039, 44 FR 34133, June 14, 1979] Miscellaneous Firefighting Equipment §108.497 Fireman's Outfits. Each unit must have at least 2 fireman's outfits. Each fireman's outfit on a unit must consist of– (a) A pressure-demand, open-circuit, self-contained breathing apparatus, approved by the Mine Safety and Health Administration (MSHA) and by the National Institute for Occupational Safety and Health (NIOSH) and having at a minimum a 30-minute air supply, a full facepiece, and a spare charge; but a self-contained compressed-air breathing apparatus previously approved by MSHA and NIOSH under part 160, subpart 160.011, of this chapter may continue in use as required equipment if it was part of the vessel's equipment on November 23, 1992, and as long as it is maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection; (b) A Type II or Type III flashlight constructed and marked in accordance with ASTM F 1014 (incorporated by reference, see §108.101). (c) An oxygen and explosive meter with the Underwriter's Laboratories, Inc. label or the Factory Mutual label; (d) A lifeline that– (1) Is attached to a belt or a suitable harness; (2) Is made of bronze wire rope, inherently corrosion resistant steel wire rope, or galvanized or tinned steel wire rope; (3) Is made up of enough 15.2 meters (50 foot) or greater lengths of wire rope to permit use of the outfit in any location on the unit; (4) Has each end fitted with a hook with a 16 millimeters (5/8 inch) throat opening for the keeper; and (5) Has a minimum breaking strength of 680 kilograms (1,500 pounds). (e) Boots and gloves that are made of rubber or other electrically non-conductive material; (f) A helmet that meets the requirements in ANSI standard Z-89.1-
1969; and (g) Clothing that protects the skin from scalding steam and the heat of fire and that has a water resistant outer surface. [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 82-042, 53 FR 17705, May 18, 1988; CGD 86-036, 57 FR 48326, Oct. 23, 1992; 64 FR 67170, Dec. 1, 1999; 65 FR 10943, March 1, 2000] §108.499 Fire Axes. Each unit must have at least two fire axes. Subpart E – Livesaving Equipment [SOURCE: CGD 84-069, 61 FR 25291, May 20, 1996, unless otherwise noted.] §108.500 General. (a) Each unit, other than a drillship, must meet the requirements in this subpart. (b) Each drillship must meet the lifesaving system requirements in subchapter W of this chapter for a tank vessel certificated to carry cargoes that have a flash point less than 60°C as determined under ASTM D 93 (incorporated by reference, see §108.101). 141
(c) The OCMI may require a unit to carry specialized or additional lifesaving equipment other than as required by this part, if the OCMI determines the conditions of the unit's service present uniquely hazardous circumstances which are not adequately addressed by existing requirements. [CGD 84-069, 61 FR 25291, May 20, 1996, as amended at 63 FR 52814, Oct. 1, 1998; 64 FR 67170, Dec. 1, 1999; 65 FR 10943, March 1, 2000] §108.503 Relationship To International Standards. For the purposes of this part, any unit carrying a valid IMO MODU Safety Certificate, including a listing of lifesaving equipment as required by the 1989 IMO MODU Code, is considered to have met the requirements of this subpart if, in addition to the requirements of the 1989 IMO MODU Code, it meets the following requirements: (a) Each new lifeboat and launching appliance may be of aluminum construction only if its stowage location is protected with a water spray system in accordance with §108.550(d) of this chapter. (b) Each lifejacket, immersion suit, and emergency position indicating radiobeacon (EPIRB) must be marked with the unit's name in accordance with §§108.649 and 108.650. (c) Inflatable lifejackets, if carried, must be of the same or similar design as required by §108.580(b). (d) Containers for lifejackets, immersions suits, and anti-exposure suits must be marked as specified in §108.649(g). (e) Each liferaft must be arranged to permit it to drop into the water from the deck on which it is stowed as required in §108.530(c)(3). (f) Survival craft must be arranged to allow safe disembarkation onto the unit after a drill in accordance with §108.540(f). (g) The requirements for guarding of falls in §§108.553(d) and (f) must be met. (h) The winch drum requirements described in §108.553(e) must be met for all survival craft winches, not just multiple drum winches. (i) The maximum lowering speed requirements from §§108.553(h) and (i) must be met. (j) An auxiliary line must be kept with each line-throwing appliance in accordance with §108.597(c)(2). (k) Immersion suits are required on all units, except those operating between the 32 degrees north and 32 degrees south latitude in accordance with §108.580(c). (l) All abandonment drills conducted on units carrying immersion suits must include immersion suits. §108.510 Application. (a) For the purposes of this subpart– (1) Similar stage of construction means the stage at which– (1)(i) Construction identifiable with a specific unit begins; and (1)(ii) Assembly of that unit comprising at least 50 metric tons (55.1 U.S. tons) or 1 percent of the estimated mass of all structural material, whichever is less, has been achieved. (2) Unit constructed means a unit, the keel of which is laid or which is at a similar stage of construction. (b) Subject to §108.515, each unit constructed before October 1, 1996, must meet the requirements of this subpart, except for the number, type, and arrangement of lifeboats (including survival capsules), lifeboat davits, winches, inflatable liferafts, liferaft launching equipment, and rescue boats. (1) If a District Commander determines that the overall safety of the persons on board a unit will not be significantly reduced, the District Commander may grant an exemption from compliance with a provision of this part to a specific unit for a specified geographic area within the boundaries of the Coast Guard District. This exemption may be limited to certain periods of the year. (2) Requests for exemption under this paragraph must be in writing to the OCMI for transmission to the District Commander in the area in which the unit is in service or will be in service. (3) If the exemption is granted by the District Commander, the OCMI will endorse the unit's Certificate of Inspection with a statement describing the exemption. §108.515 Requirements For Units Built Before October 1, 1996. (a) Units which were constructed prior to October 1, 1996, must– (1) By October 1, 1997, have either– (1)(i) Lifeboats and liferafts that meet §108.525; or (1)(ii) Totally enclosed fire-protected lifeboats of sufficient capacity to accommodate 100 percent of the persons permitted on board, plus additional totally enclosed lifeboats or davit-
launched liferafts of sufficient capacity to accommodate 100 percent of the persons permitted on board the unit. The following exceptions apply: (1)(ii)(A) An open lifeboat may be used instead of davit-launched liferafts as long as it is in good working order. An open lifeboat requiring extensive repairs must be replaced with either a totally enclosed fire-protected lifeboat, or davit-launched liferafts. (1)(ii)(B) A submersible unit constructed before January 3, 1979, may continue to use the lifesaving arrangements described on the units Certificate of Inspection in effect on October 1, 1996. (2) By October 1, 1997, fit retro-reflective material on all floating appliances, lifejackets, and immersion suits. (3) Except for the requirements in paragraphs (a)(1) and (a)(2) of this section, units may retain the arrangement of lifesaving appliances previously required and approved for the unit, as long as the arrangement or appliance is maintained in good condition to the satisfaction of the OCMI. (b) When any lifesaving appliance or arrangement on a unit subject to this part is replaced, or when the unit undergoes repairs, alterations or modifications of a major character involving replacement of, or any addition to, the existing lifesaving appliances or arrangements, each new lifesaving appliance and arrangement must meet the requirements of this part, unless the OCMI determines that the unit cannot accommodate the new appliance or arrangement, except that– (1) A survival craft is not required to meet the requirements of this part if it is replaced without replacing its davit and winch; and (2) A davit and its winch are not required to meet the requirements of this part if one or both are replaced without replacing the survival craft. §108.520 Type Of Survival Craft. (a) Each lifeboat must be a fire-protected lifeboat approved under 142
approval series 160.035. A lifeboat of aluminum construction in the hull or canopy must be protected in its stowage position by a water spray system meeting the requirements of part 34, subpart 34.25 of this chapter. (b) Each inflatable liferaft must be approved under approval series 160.151. Each rigid liferaft must be approved under approval series 160.118. Each liferaft must have a capacity of six persons or more. §108.525 Survival Craft Number And Arrangement. (a) Each unit must carry the following: (1) Lifeboats installed in at least two widely separated locations on different sides or ends of the unit. The arrangement of the lifeboats must provide sufficient capacity to accommodate the total number of persons permitted on board if– (1)(i) All the lifeboats in any one location are lost or rendered unusable; or (1)(ii) All the lifeboats on any one side or end of the unit are lost or rendered unusable. (2) Liferafts arranged for float-free launching and having an aggregate capacity that will accommodate the total number of persons permitted on board. (b) In the case of a self-elevating unit where, due to its size or configuration, lifeboats can not be located in the widely separated locations required under paragraph (a)(1) of this section, the OCMI may accept the following number and arrangement of survival craft: (1) Lifeboats with an aggregate capacity to accommodate the total number of persons permitted on board. (2) Liferafts served by launching appliances or marine evacuation systems of an aggregate capacity to accommodate the total number of persons permitted on board. These liferafts may be the float-free liferafts under paragraph (a)(2) of this section, or liferafts in addition to the float-free liferafts. §108.530 Stowage Of Survival Craft. (a) General. Each survival craft required to be served by a launching appliance or marine evacuation system must be stowed as follows: (1) Each survival craft must be stowed as close to the accommodation and service spaces as possible. (2) Each survival craft must be stowed in a way that neither the survival craft nor its stowage arrangements will interfere with the embarkation and operation of any other survival craft or rescue boat at any other launching station. (3) Each survival craft must be stowed as near the water surface as is safe and practicable. (4) Each survival craft must be stowed where the survival craft, in the embarkation position, is above the waterline with the unit– (4)(i) In the fully loaded condition; and (4)(ii) Listed up to 20 degrees either way, or to the angle where the unit's weatherdeck edge becomes submerged, whichever is less. (5) Each survival craft must be sufficiently ready for use so that two crew members can complete preparations for embarkation and launching in less than 5 minutes. (6) Each survival craft must be fully equipped as required under this subpart. (7) Each survival craft must be in a secure and sheltered position and protected from damage by fire and explosion, as far as practicable. (8) Each survival craft must not require lifting from its stowed position in order to launch, except that a davit-launched liferaft may be lifted by a manually powered winch from its stowed position to its embarkation position. (b) Additional lifeboat-specific stowage requirements. In addition to meeting the requirements of paragraph (a) of this section, each lifeboat must be stowed as follows: (1) The unit must be arranged so each lifeboat, in its stowed position, is protected from damage by heavy seas. (2) Each lifeboat must be stowed attached to its launching appliance. (3) Each lifeboat must be provided a means for recharging the lifeboat batteries from the unit's power supply at a supply voltage not exceeding 50 volts. (c) Additional liferaft-specific stowage requirements. In addition to meeting the requirements of paragraph (a) of this section, each liferaft must be stowed as follows: (1) Each liferaft must be stowed to permit manual release from its securing arrangements. (2) Each liferaft must be stowed at a height above the waterline in the lightest seagoing condition, not greater than the maximum stowage height indicated on the liferaft. Each liferaft without an indicated maximum stowage height must be stowed not more than 18 meters (59 feet) above the waterline in the unit's lightest seagoing condition. (3) Each liferaft must be arranged to permit it to drop into the water from the deck on which it is stowed. A liferaft stowage arrangement meets this requirement if it– (3)(i) Is outboard of the rail or bulwark; (3)(ii) Is on stanchions or on a platform adjacent to the rail or bulwark; or (3)(iii) Has a gate or other suitable opening to allow the liferaft to be pushed directly overboard. (4) Each davit-launched liferaft must be stowed within reach of its lifting hook, unless some means of transfer is provided that is not rendered inoperable– (4)(i) Within the list limits specified in paragraph (a)(4)(ii) of this section; (4)(ii) By unit motion; or (4)(iii) By power failure. (5) Each rigid container for an inflatable liferaft to be launched by a launching appliance must be secured in a way that the container or parts of it are prevented from falling into the water during and after inflation and launching of the contained liferaft. (6) Each liferaft must have a painter system providing a connection between the unit and the liferaft. (7) Each liferaft or group of liferafts must be arranged for float-free launching. The arrangement must ensure that the liferaft or liferafts when released and inflated, are not dragged under by the sinking unit. A hydrostatic release unit used in a float-free arrangement must be approved under approval series 160.162. 143
§108.540 Survival Craft Muster And Embarkation Arrangements. (a) Each muster station must have sufficient space to accommodate all persons assigned to muster at that station. One or more muster stations must be close to each embarkation station. (b) Each muster station and embarkation station must be readily accessible from accommodation and work areas. (c) Each lifeboat must be arranged to be boarded and launched directly from the stowed position. (d) Each lifeboat must be arranged to be boarded by its full complement of persons within 3 minutes from the time the instruction to board is given. (e) Each davit-launched and free-fall survival craft muster station and embarkation station for a survival craft which is boarded before it is launched must be arranged to enable stretcher cases to be placed in the survival craft. (f) Means must be provided for bringing each davit-launched survival craft against the side of the unit and holding it alongside to allow persons to be– (1) Safely embarked in the case of a survival craft intended to be boarded over the edge of the deck; and (2) Safely disembarked after a drill in the case of a survival craft not intended to be moved to the stowed position with a full complement of persons on board. (g) Each davit-launched liferaft launching arrangement must have a means to hold the liferaft in the embarkation position that– (1) Will hold the liferaft securely in high winds; (2) Can be rapidly engaged in the proper position for boarding; and (3) Can be rapidly released for launching by one person from within the loaded liferaft. (h) Each launching station or each two adjacent launching stations must have an embarkation ladder as follows: (1) Each embarkation ladder must be approved under approval series 160.117 or be a rope ladder approved under approval series 160.017, and must be installed in a way that– (1)(i) Each embarkation ladder must extend in a single length, from the deck to the waterline in the lightest seagoing condition with the unit listed not less than up to 15 degrees either way; or (1)(ii) Each embarkation ladder may be replaced by a device approved to provide safe and rapid access to survival craft in the water, if the OCMI permits the device, provided that there is at least one embarkation ladder on each side of the unit. (2) An embarkation ladder is not required if– (2)(i) The distance from the embarkation deck to the unit's lightest operating waterline is less than 3 meters (10 feet); and (2)(ii) The unit is not in international service. (3) If the embarkation ladders cannot be supported against a vertical flat surface, the unit must instead be provided with at least two widely-separated fixed metal ladders or stairways extending from the deck to the surface of the water and meet the following: (3)(i) Each inclined fixed ladder must meet the requirements under §108.159. (3)(ii) Each vertical fixed ladder must meet the requirements under §108.160 for fixed ladders, except that the vertical bars in cages must be open at least 500 millimeters (20 inches) on one side throughout the length of the ladder, and cages are not required in the area subject to wave action or on ladders inside the legs of a self-elevating unit. (3)(iii) If a fixed ladder cannot be installed, the OCMI may accept an alternate means of embarkation with sufficient capacity for all persons permitted on board to safely descend to the waterline. (4) Alternate means of embarkation under paragraphs (h)(1)(ii) and (h)(3) of this section, such as portable slides, safety booms, moveable ladders, elevators, and controlled descent devices, must be acceptable to the OCMI. An alternate means of embarkation must have sufficient capacity to permit persons to safely descend to the waterline at a rate comparable to the device which the alternate means of embarkation replaces. [CGD 84-069, 61 FR 25291, May 20, 1996, as amended at 63 FR 52814, Oct. 1, 1998] §108.545 Marine Evacuation System Launching Arrangements. (a) Arrangements. Each marine evacuation system must have the following arrangements: (1) Each marine evacuation system must be capable of being deployed by one person. (2) Each marine evacuation system must enable the total number of persons for which it is designed, to be transferred from the unit into the inflated liferafts within a period of 10 minutes from the time the signal to abandon the unit is given. (3) Each marine evacuation system must be arranged so that liferafts may be securely attached to the platform and released from the platform by a person either in the liferaft or on the platform. (4) Each marine evacuation system must be capable of being deployed from the unit under unfavorable conditions of list of up to 20 degrees. (5) If the marine evacuation system has an inclined slide, the angle of the slide from horizontal must be within a range of 30 to 35 degrees when the unit is upright and in the lightest seagoing condition. (6) Each marine evacuation system platform must be capable of being restrained by a bowsing line or other positioning system that is designed to deploy automatically, and if necessary, be capable of being adjusted to the position required for evacuation. (b) Stowage. Each marine evacuation system must be stowed as follows: (1) There must not be any openings between the marine evacuation system's embarkation station and the unit's side at the unit's waterline in the lightest seagoing condition. (2) The marine evacuation system must be protected from any projections of the unit's structure or equipment. (3) The marine evacuation system's passage and platform, when deployed, its stowage container, and its operational arrangement must not interfere with the operation of any other lifesaving appliance at any other launching station. (4) Where appropriate, the marine evacuation system's stowage area must be protected from damage by heavy seas. (c) Stowage of associated liferafts. Inflatable liferafts used in conjunction with the marine evacuation system must be stowed 144
as follows: (1) Each inflatable liferaft used in conjunction with the marine evacuation system must be close to the system container, but capable of dropping clear of the deployed chute and boarding platform. (2) Each inflatable liferaft used in conjunction with the marine evacuation system must be capable of individual release from its stowage rack. (3) Each inflatable liferaft used in conjunction with the marine evacuation system must be stowed in accordance with §108.530. (4) Each inflatable liferaft used in conjunction with the marine evacuation system must be provided with pre-connected or easily connected retrieving lines to the platform. §108.550 Survival Craft Launching And Recovery Arrangements: General. (a) Each launching appliance for a lifeboat must be a davit approved under approval series 160.132, with a winch approved under approval series 160.115. Each launching appliance for a davit-launched liferaft must be approved under approval series 160.163, with an automatic disengaging apparatus approved under approval series 160.170. (b) All lifeboats required for abandonment by the total number of persons permitted on board must be capable of being launched with their full complement of persons and equipment within 10 minutes from the time the signal to abandon the unit is given. (c) Each survival craft must be arranged to clear each leg, column, footing, brace, mat, and each similar structure below the hull of a self-elevating unit and clear the upper hull, the columns, and the pontoons of a column stabilized unit, with the unit in an intact condition. (1) The survival craft must be arranged to be launched down the straight side of the unit or be mounted on a structure intended to provide clearance from lower structures of the unit. (2) The OCMI may allow a reduction in the total number of survival craft meeting this requirement when the unit is in the transit mode and the number of personnel on board is reduced. In such cases, sufficient survival craft must be available for use by the total number of personnel remaining on board. (d) Each lifeboat of aluminum construction in the hull or canopy, and each aluminum launching appliance must be protected in its stowage position by a water spray system meeting the requirements of part 34, subpart 34.25 of this chapter. (e) With the exception of the secondary means of launching for free-fall lifeboats, each launching appliance together with all its lowering and recovery gear must be arranged in a way that the fully equipped survival craft it serves can be safely lowered when loaded with its full complement of persons, and also without persons, against– (1) A list of up to 20 degrees on the high side; and (2) A list of up to 20 degrees or the degree of list where the survival craft becomes waterborne, whichever, is the greater, on the low side. (f) When the unit is under any unfavorable condition such as maximum airgap, lightest transit or operational condition, or any damaged condition under part 174, subpart C of this chapter,– (1) Notwithstanding the requirements under §108.550(e), survival craft launching appliances and marine evacuation systems must be capable of operation; (2) Falls, where used, must be long enough for survival craft to reach the water; and (3) Lifeboats with an aggregate capacity that will accommodate the total number of persons permitted on board must be capable of being launched safely, and clear of any obstruction. The location and orientation of each lifeboat must be such that the lifeboat is either headed away from the unit upon launching, or can be turned to a heading away from the unit immediately upon launching. (g) A launching appliance must not depend on any means other than gravity or stored mechanical power independent of the unit's power supplies to launch the survival craft it serves, in the fully loaded and equipped conditions, and also in the light condition. (h) Each launching appliance's structural attachment to the vessel must be designed, based on the ultimate strength of the construction material, to be at least 4.5 times the load imparted on the attachment by the launching appliance and its fully loaded survival craft under the most adverse combination of list and trim under paragraph (b) of this section. (i) Each launching appliance must be arranged so that– (1) All parts requiring regular maintenance by the crew are readily accessible and easily maintained; (2) The launching appliance remains effective under conditions of icing; (3) The same type of release mechanism is used for each similar survival craft carried on board the unit; and (4) The preparation and handling of survival craft at any one launching station does not interfere with the prompt preparation and handling of any other survival craft at any other station. (j) Each launching mechanism must be arranged so it may be actuated by one person from a position on the unit's deck, and also from a position within the survival craft. Each launching and recovery arrangement must allow the operator on the deck to observe the survival craft at all times during launching. (k) Means must be provided outside the machinery space to prevent any discharge of water onto survival craft during abandonment. §108.553 Survival Craft Launching And Recovery Arrangements Using Falls And A Winch. Survival craft launching and recovery arrangements, in addition to meeting the requirements in §108.550, must meet the following requirements: (a) Each fall wire must be of rotation-resistant and corrosion-
resistant steel wire rope. (b) The breaking strength of each fall wire and each attachment used on the fall must be at least six times the load imparted on the fall by the fully-loaded survival craft. (c) Each fall must be long enough for the survival craft to reach the water with the unit in its lightest seagoing condition, under unfavorable conditions of trim and with the unit listed not less than 20 degrees either way. (d) Each unguarded fall must not pass near any operating position of the winch, such as hand cranks, payout wheels, and brake levers. (e) Each winch drum must be arranged so the fall wire winds onto the drum in a level wrap, and a multiple drum winch must be arranged so that the falls wind off at the same rate when lowering, 145
and onto the drums at the same rate when hoisting. (f) Each fall, where exposed to damage or fouling, must have guards or equivalent protection. Each fall that leads along a deck must be covered with a guard that is not more than 300 millimeters (1 foot) above the deck. (g) The lowering speed for a fully loaded survival craft must be not less than that obtained from the following formula: (1) S = 0.4 + (0.02 H), where S is the speed of lowering in meters per second, and H is the height in meters from the davit head to the waterline at the lightest seagoing condition, with H not greater than 30, regardless of the lowering height. (2) S = 79 + (1.2 H), where S is the speed of lowering in feet per minute, and H is the height in feet, with H not greater than 99. (h) The lowering speed for a survival craft loaded with all of its equipment must be not less than 70 percent of the speed required under paragraph (g) of this section. (i) The lowering speed for a fully loaded survival craft must be not more than 1.3 meters per second (256 feet per minute). (j) If a survival craft is recovered by electric power, the electrical installation, including the electric power-operated boat winch, must meet the requirements in subchapter J of this chapter. If a survival craft is recovered by any means of power, including a portable power source, safety devices must be provided which automatically cut off the power before the davit arms or falls reach the stops in order to avoid overstressing the falls or davits, unless the motor is designed to prevent such overstressing. (k) Each launching appliance must be fitted with brakes that meet the following requirements: (1) The brakes must be capable of stopping the descent of the survival craft or rescue boat and holding it securely when loaded with it full complement of persons and equipment. (2) The brake pads must, where necessary, be protected from water and oil. (3) Manual brakes must be arranged so that the brake is always applied unless the operator, or a mechanism activated by the operator, holds the brake control in the off position. §108.555 Lifeboat Launching And Recovery Arrangements. Lifeboat launching and recovery arrangements, in addition to meeting the requirements in §§108.550 and 108.553, must meet the following requirements: (a) Each lifeboat must be capable of being launched with the unit making headway of 5 knots in calm water, or with the unit anchored or bearing on the bottom in a current of up to 5 knots. A painter may be used to meet this requirement. (b) Each lifeboat must be provided with a launching appliance. The launching appliance must be capable of launching and recovering the lifeboat with its crew. (c) Each launching appliance arrangement must allow the operator on the unit to observe the lifeboat at all times during recovery. (d) Each launching appliance arrangement must be designed to ensure persons can safely disembark from the survival craft prior its stowage. [CGD 84-069, 61 FR 25291, May 20, 1996; 61 FR 40281, Aug. 1, 1996] §108.557 Free-Fall Lifeboat Launching And Recovery Arrangements. (a) The launching appliance for a free-fall lifeboat must be designed and installed so that the launching appliance and the lifeboat it serves operate as a system to protect the occupants from harmful acceleration forces and to effectively clear the unit. (b) The launching appliance must be designed and arranged so that in its ready to launch position, the distance from the lowest point on the lifeboat it serves to the water surface with the unit in its lightest seagoing condition does not exceed the lifeboat's certificated free-fall height. (c) The launching appliance must be arranged so as to preclude accidental release of the lifeboat in its unattended stowed position. If the means provided to secure the lifeboat cannot be released from inside the lifeboat, the means to secure the lifeboat must be arranged as to preclude boarding the lifeboat without first releasing it. (d) Each free-fall launching arrangement must be provided with a secondary means to launch the lifeboat by falls. Such means must comply with the requirements of §§108.550, 108.553, and 108.555. Notwithstanding §108.550(e), the launching appliance must be capable of launching the lifeboat against unfavorable conditions of list of 5 degrees in any direction and it need not comply with the speed requirements of §§108.553(g), (h), and (i). If the secondary launching appliance is not dependent on gravity, stored mechanical power or other manual means, the launching arrangement must be connected both to the unit's main and emergency power supplies. §108.560 Rescue Boats. Each unit must carry at least one rescue boat. Each rescue boat must be approved under approval series 160.156. A lifeboat is accepted as a rescue boat if it also meets the requirements for a rescue boat. §108.565 Stowage Of Rescue Boats. (a) Rescue boats must be stowed as follows: (1) Each rescue boat must be ready for launching in not more than 5 minutes. (2) Each rescue boat must be in a position suitable for launching and recovery. (3) Each rescue boat must be stowed in a way that neither the rescue boat nor its stowage arrangements will interfere with the operation of any survival craft at any other launching station. (4) Each rescue boat that is also a lifeboat, must be in compliance with §108.530. (b) Each rescue boat must be provided a means for recharging the rescue boat batteries from the unit's power supply at a supply voltage not exceeding 50 volts. (c) Each inflated rescue boat must be kept fully inflated at all times. [CGD 84-069, 61 FR 25291, May 20, 1996, as amended at 63 FR 52814, Oct. 1, 1998] §108.570 Rescue Boat Embarkation, Launching And Recovery Arrangements. (a) Each rescue boat must be capable of being launched with the unit making headway of 5 knots in calm water, or with the unit anchored or bearing on the bottom in a current of up to 5 knots. A painter may be used to meet this requirement. 146
(b) Each rescue boat embarkation and launching arrangement must permit the rescue boat to be boarded and launched in the shortest possible time. (c) If the rescue boat is one of the unit's survival craft, the rescue boat must also be as follows: (1) The rescue boat must meet the embarkation arrangement and launching station requirements of §108.540. (2) The rescue boat must meet the launching arrangement requirements of §§108.550 and 108.557, and if the launching arrangement uses falls and a winch, §108.553. (3) If the launching arrangement uses a single fall, the rescue boat must have an automatic disengaging apparatus approved under approval series 160.170, instead of a lifeboat release mechanism. (d) Rapid recovery of the rescue boat must be possible when loaded with its full complement of persons and equipment. If the rescue boat is also a lifeboat, rapid recovery must be possible when loaded with its lifeboat equipment and an approved rescue boat complement of at least six persons. (e) Each rescue boat launching appliance must be fitted with a powered winch motor. (f) Each rescue boat launching appliance must be capable of hoisting the rescue boat when loaded with its full rescue boat complement of persons and equipment at a rate of not less than 0.3 meters per second (59 feet per minute). [CGD 84-069, 61 FR 25291, May 20, 1996, as amended at 63 FR 52814, Oct. 1, 1998] §108.575 Survival Craft And Rescue Boat Equipment. (a) All lifeboat and rescue boat equipment must be as follows: (1) The equipment must be secured within the boat by lashings, storage in lockers, or compartments, storage in brackets or similar mounting arrangements or other suitable means. (2) The equipment must be secured in such a manner as not to interfere with any abandonment procedures or reduce seating capacity. (3) The equipment must be as small and of as little mass as possible. (4) The equipment must be packed in a suitable and compact form. (5) The equipment should be stowed so the items do not– (5)(i) Reduce the seating capacity; (5)(ii) Adversely affect the seaworthiness of the survival craft or rescue boat; or (5)(iii) Overload the launching appliance. (b) Each lifeboat, rigid liferaft, and rescue boat, unless otherwise stated in this paragraph, must carry the equipment specified for it in table §108.575(b) of this section. A lifeboat that is also a rescue boat must carry the equipment in the table column marked for a lifeboat. Each item in the table has the same description as in §199.175 of this chapter. 147
TABLE 108.575(B)--SURVIVAL CRAFT EQUIPMENT
[CGD 84-069, 61 FR 25291, May 20, 1996, as amended at 63 FR 52814, Oct. 1, 1998] §108.580 Personal Lifesaving Appliances. (a) Lifebuoys. Each unit must carry at least eight lifebuoys approved under approval series 160.150 as follows: (1) Stowage. Lifebuoys must be stowed as follows: (1)(i) Each lifebuoy must be capable of being rapidly cast loose. (1)(ii) Each lifebuoy must not be permanently secured to the unit in anyway. 148
(1)(iii) Lifebuoys must be so distributed as to be readily available on each side of the unit and, as far as practicable, on each open deck extending to the side of the unit. The lifebuoys with attached self-igniting lights must be evenly distributed on all sides of the unit. (1)(iv) At least two lifebuoys, each with attached self-activating smoke signals, must be stowed where they can be quickly released from the navigating bridge or main control station, or a location readily available to personnel on board. These lifebuoys should, when released, fall directly into the water without striking any part of the unit. (2) Attachments and fittings. Lifebuoys must have the following attachments and fittings: (2)(i) At least one lifebuoy on each side of the unit fitted with a buoyant lifeline that is– (2)(i)(A) At least as long as twice the height where it is stowed above the waterline in the lightest seagoing condition, or 30 meters (100 feet), whichever is the greater; (2)(i)(B) Non-kinking; (2)(i)(C) Not less than 8 millimeters (5/16 inch) in diameter; (2)(i)(D) Of a breaking strength which is not less than 5 kiloNewtons (1,124 pounds-force); and (2)(i)(E) Is, if synthetic, a dark color or certified by the manufacturer to be resistant to deterioration from ultraviolet light. (2)(ii) At least one-half the total number of lifebuoys on the unit must each be fitted with a self-igniting light approved under approval series 161.010. A self-igniting light must not be attached to the lifebuoys required by this section to be fitted with lifelines. (2)(iii) At least two lifebuoys on the unit each must be fitted with a self-activating smoke signal approved under approval series 160.157. Lifebuoys fitted with smoke signals must also be fitted with lights. (b) Lifejackets. Each unit must carry lifejackets approved under approval series 160.155, 160.176, or 160.177. If the unit carries inflatable lifejackets, they must be of the same or similar design and have the same method of operation. (1) General. Each unit must carry a lifejacket for each person on board and in addition, a sufficient number of lifejackets must be carried for persons at each work station and industrial work site. (2) Stowage. Lifejackets must be stowed as follows: (2)(i) The lifejackets must be readily accessible. (2)(ii) The additional lifejackets required by paragraph (b)(1) of this section must be stowed in places readily accessible to the work stations and industrial work sites. (2)(iii) Where, due to the particular arrangements of the unit, the lifejackets under paragraph (b)(1) of this section could become inaccessible, the OCMI may require an increase in the number of lifejackets to be carried, or suitable alternative arrangements. (3) Attachments and fittings. Lifejackets must have the following attachments and fittings: (3)(i) Each lifejacket must have a lifejacket light approved under approval series 161.112 securely attached to the front shoulder area of the lifejacket. On a unit not in international service, a light approved under approval series 161.012 may be used. However, lifejacket lights bearing Coast Guard approval number 161.012/2/1 are not permitted unless the unit is certificated to operate only on waters between 32° N and 32° S latitude. (3)(ii) Each lifejacket must have a whistle firmly secured by a cord to the lifejacket. (c) Immersion suits or anti-exposure suits. Each unit must carry immersion suits approved under approval series 160.171 or anti-exposure suits approved under approval series 160.153. (1) General. Each unit, except units operating between 32 degrees north latitude and 32 degrees south latitude, must carry– (1)(i) Immersion suits or anti-exposure suits of suitable size for each person assigned to the rescue boat crew; (1)(ii) Immersion suits approved under approval series 160.171 of the appropriate size for each person on board, which count toward meeting the requirements of paragraph (c)(1)(i) of this section; and (1)(iii) In addition to the immersion suits required under paragraph (c)(1)(ii) of this section, each watch station, work station, and industrial work site must have enough immersion suits to equal the number of persons normally on watch in, or assigned to, the station or site at one time. However, an immersion suit is not required at a station or site for a person whose cabin or berthing area (and the immersion suits stowed in that location) is readily accessible to the station or site. (2) Attachments and fittings. Immersion suits or anti-exposure suits must have the following attachments and fittings: (2)(i) Each immersion suit or anti-exposure suit must have a lifejacket light approved under approval series 161.112 securely attached to the front shoulder area of the immersion suit or anti-
exposure suit. On a unit not in international service, a light approved under approval series 161.012 may be used. However, lifejacket lights bearing Coast Guard approval number 161.012/2/1 are not permitted on units certificated to operate on waters where water temperature may drop below 10°C (50°F). (2)(ii) Each immersion suit or anti-exposure suit must have a whistle firmly secured by a cord to the immersion suit or anti-
exposure suit. [CGD 84-069, 61 FR 25291, May 20, 1996, as amended at 63 FR 52814, Oct. 1, 1998] §108.595 Communications. (a) Radio lifesaving appliances. Radio lifesaving appliance installations and arrangements must meet the requirements of 47 CFR part 80. (b) Distress flares. Each unit must– (1) Carry not less than 12 rocket parachute flares approved under approval series 160.136; and (2) Stow the flares in a portable watertight container carried on the navigating bridge, or if the unit does not have a bridge, in the control room. §108.597 Line-Throwing Appliance. (a) General. Each unit in international service must have a line-
throwing appliance that is approved under approval series 160.040. Each unit not in international service must carry a line-
throwing appliance approved under either approval series 160.040 or 160.031. (b) Stowage. The line-throwing appliance and its equipment must be readily accessible for use. (c) Additional equipment. Each unit must carry the following equipment for the line-throwing appliance: 149
(1) The equipment on the list provided by the manufacturer with the approved appliance; and (2) An auxiliary line that– (2)(i) Has a breaking strength of at least 40 kiloNewtons (9,000 pounds-force); (2)(ii) Is, if synthetic, a dark color or certified by the manufacturer to be resistant to deterioration from ultraviolet light; and (2)(iii) Is– (2)(iii)(A) At least 450 meters (1,500 feet) long, if the line-throwing appliance is approved under approval series 160.040; or (2)(iii)(B) At least 150 meters (500 feet) long, if the line-throwing appliance is approved under approval series 160.031. Subpart F – Cranes §108.601 Crane Design. (a) Each crane and crane foundation on a unit must be designed in accordance with the American Petroleum Institute Specification for Offshore Cranes, API Spec. 2C, Second Edition, February, 1972 (with supplement 2). (b) In addition to the design requirements of paragraph (a), each crane must have the following: (1) Each control marked to show its function. (2) Instruments with built-in lighting. (3) Fuel tank fills and overflows that do not run onto the engine exhaust. (4) No gasoline engines. (5) Spark arrestors fitted on engine exhaust pipes. Subpart G – Equipment Markings and Instructions §108.621 Equipment Markings: General. Unless otherwise provided, each marking required in this subpart must be– (a) Printed in English; (b) In red letters with a contrasting background; (c) Permanent; (d) Easy to be seen; (e) At least 1.3 centimeters (1/2 inch) in height. §108.623 General Alarm Bell Switch. Each general alarm bell switch must be marked "GENERAL ALARM" on a plate or other firm noncorrosive backing. §108.625 General Alarm Bell. Each general alarm bell must be identified by marking "GENERAL ALARM–WHEN BELL RINGS GO TO YOUR STATION" next to the bell. §108.627 Carbon Dioxide Alarm. Each carbon dioxide alarm must be identified by marking: "WHEN ALARM SOUNDS VACATE AT ONCE. CARBON DIOXIDE BEING RELEASED" next to the alarm. §108.629 Fire Extinguishing System Branch Line Valve. Each branch line valve of each fire extinguishing system must be marked with the name of the space or spaces it serves. §108.631 Fixed Fire Extinguishing System Controls. (a) Each cabinet or space that contains a valve, control, or manifold of a fixed fire extinguishing system must be marked by one of the following: "CARBON DIOXIDE FIRE APPARATUS", "FOAM FIRE APPARATUS", or "WATER SPRAY FIRE APPARATUS" in letters at least 5 centimeters (2 inches) high. (b) Instructions for the operation of a fixed fire extinguishing system must be posted next to a fire apparatus described in paragraph (a) of this section. §108.633 Fire Stations. Each fire station must be identified by marking: "FIRE STATION NO. –" next to the station in letters and numbers at least 5 centimeters (2 inches) high. §108.635 Self-Contained Breathing Apparatus. Each locker or space containing self-contained breathing apparatus must be marked: "SELF CONTAINED BREATHING APPARATUS". §108.636 Work Vests. Each space containing a work vest must be marked: "WORK VEST". §108.637 Hand Portable Fire Extinguishers. (a) Each hand portable fire extinguisher must be marked with a number that identifies it in relation to all other hand portable fire extinguishers. (b) The location of each hand portable fire extinguisher must be marked with the same number that is marked on the extinguisher. §108.639 Emergency Lights. Each emergency light must be marked: "E". §108.641 Instructions For Changing Steering Gear. Instructions stating, in order, the different steps to be taken for changing to emergency and secondary steering gear must be posted in the steering gear room and at each secondary steering station in 1.3 centimeters (1/2 inch) letters and numerals of contrasting color to the background. §108.643 Rudder Orders. At each steering station, the direction which the wheel or steering device must be moved for right rudder or left rudder must be marked in letters of contrasting color to the background on the wheel or steering device or in a place that is directly in the helmsman's line of vision to indicate "RIGHT RUDDER" and "LEFT RUDDER". §108.645 Markings On Lifesaving Appliances. (a) Lifeboats and rescue boats. Each lifeboat and rescue boat must be plainly marked as follows: (1) Each side of each lifeboat and rescue boat bow must be marked in block capital letters and numbers with– (1)(i) The name of the unit; and (1)(ii) The name of the port required to be marked on the unit to meet the requirements of subpart 67.123 of this chapter. (2) The number of persons the boat is equipped for, which may not exceed the number shown on its nameplate, must be clearly marked in permanent characters. (3) The number of the boat and the unit's name, must be plainly marked or painted so that the markings are visible from above the boat. (4) Type II retro-reflective material approved under approval series 164.018 must be placed on the boat and meet the arrangement requirements in IMO Resolution A.658(16). (b) Rigid liferafts. Each rigid liferaft must be marked as follows: (1) The name of the unit must be marked on each rigid liferaft. 150
(2) The name of the port required to be marked on the unit to meet the requirements of subpart 67.123 of this chapter. (3) The length of the painter must be marked on each rigid liferaft. (4) At each entrance of each rigid liferaft, the number of persons the rigid liferaft is equipped for, not exceeding the number shown on its nameplate, must be marked in letters and numbers at least 100 millimeters (4 inches) high, in a color contrasting to that of the liferaft. [CGD 84-069, 61 FR 25298, May 20, 1996, as amended at 63 FR 52815, Oct. 1, 1998] §108.646 Marking Of Stowage Locations. (a) Containers, brackets, racks, and other similar stowage locations for lifesaving equipment, must be marked with symbols in accordance with IMO Resolution A.760(18), indicating the devices stowed in that location for that purpose. (b) If more than one device is stowed in that location, the number of devices must also be indicated. (c) Survival craft should be numbered. [CGD 84-069, 61 FR 25298, May 20, 1996, as amended at 63 FR 52815, Oct. 1, 1998] §108.647 Inflatable Liferafts. The number of the liferaft and the number of persons it is permitted to accommodate must be marked or painted in a conspicuous place in the immediate vicinity of each inflatable liferaft in block capital letters and numbers. The word "liferaft" or the appropriate symbol from IMO Resolution A.760(18) shall be used to identify the stowage location. Liferafts stowed on the sides of the unit should be numbered in the same manner as the lifeboats. This marking must not be on the inflatable liferaft container. [CGD 84-069, 61 FR 25298, May 20, 1996] §108.649 Lifejackets, Immersion Suits, And Lifebuoys. (a) Each lifejacket must be marked– (1) In block capital letters with the name of the unit; and (2) With type I retro-reflective material approved under approval series 164.018. The arrangement of the retro-reflective material must meet IMO Resolution A.658(16). (b) The stowage positions for lifejackets, other than lifejackets stowed in staterooms, must be marked with either the word "LIFEJACKET" or with the appropriate symbol from IMO Resolution A.760(18). (c) Each immersion suit or anti-exposure suit must be marked to identify the person or unit to which it belongs. (d) Immersion suits or anti-exposure suits must be stowed so they are readily accessible, and the stowage positions must be marked with either the words "IMMERSION SUITS" or "ANTI-EXPOSURE SUITS", or with the appropriate symbol from IMO Resolution A.760(18). (e) Each lifebuoy must be marked– (1) In block capital letters with the unit's name and with the name of the port required to be marked on the unit under subpart 67.123 of this chapter; and (2) With type II retro-reflective material approved under part 164, subpart 164.018 of this chapter. The arrangement of the retro-
reflective material must meet IMO Resolution A.658(16). (f) Each lifebuoy stowage position must be marked with either the words "LIFEBUOY" or "LIFE BUOY", or with the appropriate symbol from IMO Resolution A.760(18). (g) Each lifejacket, immersion suit, and anti-exposure suit container must be marked in block capital letters and numbers with the minimum quantity, identity, and if sizes other than adult or universal sizes are used on the unit, the size of the equipment stowed inside the container. The equipment may be identified in words or with the appropriate symbol from IMO Resolution A.760(18). [CGD 84-069, 61 FR 25298, May 20, 1996, as amended at 63 FR 52815, Oct. 1, 1998] §108.650 EPIRBs And SARTs. Emergency position indicating radiobeacons and search and rescue transponders. Each EPIRB and SART should have the name of the unit plainly marked or painted on its label, except for EPIRBs or SARTs in an inflatable liferaft or permanently installed in a survival craft. [CGD 84-069, 61 FR 25299, May 20, 1996] §108.651 Portable Magazine Chests. Each portable magazine chest must be marked: "PORTABLE MAGAZINE CHEST – FLAMMABLE – KEEP LIGHTS AND FIRE AWAY" in letters at least 7.5 centimeters (3 inches) high. §108.653 Helicopter Facilities. (a) Each helicopter fueling facility must be marked adjacent to the fueling hose storage: "WARNING – HELICOPTER FUELING STATION – KEEP LIGHTS AND FIRE AWAY". (b) Each storage tank for helicopter fuel must be marked: "DANGER – FLAMMABLE LIQUID". (c) Each access to a helicopter landing area must be marked: "BEWARE OF TAIL ROTOR". (d) Each marking required by this section must be in letters at least 7.5 centimeters (3 inches) high. §108.655 Operating Instructions. Each unit must have posters or signs displayed in the vicinity of each survival craft and the survival craft's launching controls that– (a) Illustrate the purpose of controls; (b) Illustrate the procedures for operating the launching device; (c) Give relevant instructions or warnings; (d) Can be easily seen under emergency lighting conditions; and (e) Display symbols in accordance with IMO Resolution A.760(18). [CGD 84-069, 61 FR 25299, May 20, 1996] §108.657 Unit Markings. The hull of each unit must be marked in accordance with Parts 67 and 69 of this chapter. §108.659 Lifesaving Signal Instructions. On all vessels to which this subpart applies, there must be readily available to the offshore installation manager, master, or person in charge a placard containing instructions for the use of the lifesaving signals set forth in regulation 16, chapter V, of the International Convention for Safety of Life at Sea, 1974. These signals must be used by vessels or persons in distress when communicating with lifesaving stations and maritime rescue units. [CGD 95-027, 61 FR 26008, May 23, 1996] §108.661 Unit Markings: Draft Marks. (a) Each unit must have draft marks for each foot of immersion– 151
(1) If the unit is a surface unit, on both the port and starboard sides of the stem and the stern-post or rudderpost or at any other place at the stern of the unit as may be necessary for easy observance; (2) If the unit is a self-elevating unit, near each corner of the hull but not more than 4 required; and (3) If the unit is a column-stabilized unit, on each corner column, continuing to the footing or lower displacement hull. (b) The bottom of each mark must be at the draft indicated by that mark. (c) Each mark must be– (1) In numerals 15 centimeters (6 inches) high; and (2) In contrasting color to the background. (d) For the purposes of this section, "draft" means the distance from the bottom of the keel or the lowest shell plate on the outer surface of the unit to the surface of the water, except that where a unit has a permanent appendage extending below the bottom of the keel, "draft" means the distance from the lowest part of the appendage to the surface of the water. (e) In cases where draft marks are obscured due to operational constraints or by protrusions, the vessel must be fitted with a reliable draft indicating system from which the draft can be determined. [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 89-037, 57 FR 41823, Sept. 11, 1992] §108.663 Unit Markings: Load Line. Each unit that is assigned a load line must have the load line marked in accordance with Part 42 of this chapter. §108.665 Appliances For Watertight Integrity. Each watertight door, scuttle, and hatch required for watertight integrity, which may be opened during normal operations must be marked in letters of contrasting color to the background "KEEP CLOSED". Subpart H – Miscellaneous Equipment §108.697 Buoyant Work Vests. (a) Each buoyant work vest on a unit must be approved under Subpart 160.053 or Subpart 160.077 of this chapter. (b) Commercial hybrid PFD's carried as work vests must be– (1) Used, stowed, and maintained in accordance with the procedures set out in the manual required for these devices by §160.077-29 of this chapter and any limitation(s) market on them; and (2) Of the same or similar design and have the same method of operation as each other hybrid PFD carried on board. [CGD 78-174A, 51 FR 4351, Feb. 4, 1986] §108.699 Substitution Of Life Preservers. A work vest may not be substituted for a required life preserver– (a) For the life saving equipment requirements of this part; or (b) For use during drills and emergencies. §108.701 Sounding Equipment. Each self-propelled unit must have a mechanical or electronic sounding apparatus. §108.703 Self-Contained Breathing Apparatus. (a) Each unit must be equipped with a self-contained breathing apparatus described in §108.497(a) to use as protection against gas leaking from a refrigeration unit if it is equipped with any refrigeration unit using– (1) Ammonia to refrigerate any space with a volume of more than 20 cubic feet; or (2) Fluorocarbons to refrigerate any space with a volume of more than 1000 cubic feet. (b) The self-contained breathing apparatus required in §108.497 may be used for this purpose. [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 86-036, 57 FR 48326, Oct. 23, 1992] §108.705 Anchors, Chains, Wire Rope, And Hawsers. (a) Each unit must be fitted with anchors, chains, wire rope, and hawsers in agreement with the standards established by the American Bureau of Shipping. (b) Units which are equipped with anchors used as operational equipment are not required to have additional anchors if the operational anchors meet the requirements of paragraph (a) of this section. [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by USCG-1999-6216, 64 FR 53226, Oct. 1, 1999] §108.707 First Aid Kit. Each unit must have a first-aid kit approved by the Mine Safety and Health Administration (Formerly Mining Enforcement and Safety Administration) of a size suitable for the number of persons allowed on board the unit that is stowed in a location that is accessible to persons on board. §108.709 Litter. Each unit must have a litter that is– (a) Stowed in a location that is accessible to the persons on board; and (b) Capable of being used on the type of helicopters serving the unit. §108.713 International Code Of Signals. Each vessel on an international voyage which is required to carry a radiotelegraph or radiotelephone installation in accordance with Chapter IV of the Safety of Life at Sea Convention, 1960, must carry the International Code of Signals. §108.715 Magnetic Compass And Gyrocompass. (a) Each self-propelled unit in ocean or coastwise service must have a magnetic compass. (b) Each self-propelled unit of 1,600 gross tons and over in ocean or coastwise service must have a gyrocompass in addition to the magnetic compass required in paragraph (a) of this section. (c) Each unit that is required to have a gyrocompass must have an illuminated repeater for the gyrocompass that is at the main steering stand unless the gyrocompass is illuminated and is at the main steering stand. §108.717 Radar. Each self-propelled unit of 1,600 gross tons and over in ocean or coastwise service must have– (a) A marine radar system for surface navigation; and (b) Facilities on the bridge for plotting radar readings. §108.719 Pilot Boarding Equipment. 152
(a) This section applies to each vessel that normally embarks or disembarks a pilot from a pilot boat or other vessel. (b) Each vessel must have suitable pilot boarding equipment available for use on each side of the vessel. If a vessel has only one set of equipment, the equipment must be capable of being easily transferred to and rigged for use on either side of the vessel. (c) Pilot boarding equipment must be capable of resting firmly against the vessel's side and be secured so that it is clear from overboard discharges. (d) Each vessel must have lighting positioned to provide adequate illumination for the pilot boarding equipment and each point of access. (e) Each vessel must have a point of access that has– (1) A gateway in the rails or bulwark with adequate handholds; or (2) Two handhold stanchions and a bulwark ladder that is securely attached to the bulwark rail and deck. (f) The pilot boarding equipment required by paragraph (b) of this section must include at least one pilot ladder approved under subpart 163.003 of this chapter. Each pilot ladder must be of a single length and capable of extending from the point of access to the water's edge during each condition of loading and trim, with an adverse list of 15°. (g) Whenever the distance from the water's edge to the point of access is more than 30 feet, access from a pilot ladder to the vessel must be by way of an accommodation ladder or equally safe and convenient means. (h) Pilot hoists, if used, must be approved under subpart 163.002 of this chapter. [CGD 79-032, 49 FR 25455, June 21, 1984] Subpart I – Navigation Bridge Visibility §108.801 Navigation Bridge Visibility. Each mobile offshore drilling unit which is 100 meters (328 feet) or more in length and contracted for on or after September 7, 1990, must meet the following requirements: (a) The field of vision from the navigation bridge, whether the vessel is in a laden or unladen condition, must be such that: (1) From the conning position, the view of the sea surface is not obscured forward of the bow by more than the lesser of two ship lengths or 500 meters (1,640 feet) from dead ahead to 10 degrees on either side of the vessel. Within this arc of visibility any blind sector caused by cargo, cargo gear, or other permanent obstruction must not exceed 5 degrees. (2) From the conning position, the horizontal field of vision extends over an arc from at least 22.5 degrees abaft the beam on one side of the vessel, through dead ahead, to at least 22.5 degrees abaft the beam on the other side of the vessel. Blind sectors forward of the beam caused by cargo, cargo gear, or other permanent obstruction must not exceed 10 degrees each, nor total more than 20 degrees, including any blind sector within the arc of visibility described in paragraph (a)(1) of this section. (3) From each bridge wing, the field of vision extends over an arc from at least 45 degrees on the opposite bow, through dead ahead, to at least dead astern. (4) From the main steering position, the field of vision extends over and arc from dead ahead to at least 60 degrees on either side of the vessel. (5) From each bridge wing, the respective side of the vessel is visible forward and aft. (b) Windows fitted on the navigation bridge must be arranged so that: (1) Framing between windows is kept to a minimum and is not installed immediately in front of any work station. (2) Front windows are inclined from the vertical plane, top out, at an angle of not less than 10 degrees and not more than 25 degrees. (3) The height of the lower edge of the front windows is limited to prevent any obstruction of the forward view previously described in this section. (4) The height of the upper edge of the front windows allows a forward view of the horizon at the conning position, for a person with a height of eye of 1.8 meters (71 inches), when the vessel is at a forward pitch angle of 20 degrees. (c) Polarized or tinted windows must not be fitted. [CGD 85-099, 55 FR 32248, Aug. 8, 1990] Subpart J – Muster List §108.901 Muster List And Emergency Instructions. (a) General. Copies of clear instructions must be provided on the unit, detailing the actions that each person on board should follow in the event of an emergency. (b) Muster list. Copies of the muster list must be posted in conspicuous places throughout the unit including on the navigating bridge, in the control room, and in accommodation spaces. The muster list must be posted at all times while the unit is in service. After the muster list has been prepared, if any change takes place that necessitates an alteration in the muster list, the person in charge must either revise the muster list or prepare a new one. Muster lists must provide the following information: (1) Each muster list must specify instructions for operating the general emergency alarm system. (2) Each muster list must specify the emergency signals. (3) Each muster list must specify the actions to be taken by the crew and industrial personnel when each signal is sounded. (4) Each muster list must specify how the order to abandon the unit will be given. (5) Each muster list must specify the persons that are assigned to make sure that lifesaving and firefighting appliances are maintained in good condition and ready for immediate use. (6) The muster list must specify the duties assigned to the different industrial personnel and members of the crew that include– (6)(i) Closing the watertight doors, fire doors, valves, scuppers, sidescuttles, skylights, portholes, and other similar openings in the unit's hull; (6)(ii) Equipping the survival craft and other lifesaving appliances; (6)(iii) Preparing and launching the survival craft; (6)(iv) Preparing other lifesaving appliances; (6)(v) Mustering the visitors and other persons in addition to the crew and industrial personnel; 153
(6)(vi) Using communication equipment; (6)(vii) Manning the emergency squad assigned to deal with fires and other emergencies; (6)(viii) Special duties assigned with respect to the use of firefighting equipment and installations; (6)(ix) Cover the duties of the crew and industrial personnel in case of collisions or other serious casualties; and (6)(x) Cover the duties of the crew and industrial personnel in case of severe storms. (7) Each muster list must specify the duties assigned to industrial personnel and members of the crew in relation to visitors and other persons on board in case of an emergency that include– (7)(i) Warning visitors and other persons on board; (7)(ii) Seeing that visitors and other persons on board are suitably dressed and have donned their lifejackets or immersion suits correctly; (7)(iii) Assembling visitors and other persons on board at muster stations; and (7)(iv) Keeping order in the passageways and on the stairways and generally controlling the movements of the visitors and other persons on board; (8) Each muster list must specify substitutes for key persons if they are disabled, taking into account that different emergencies require different actions. (c) Emergency instructions. Illustrations and instructions in English and any other appropriate language, as determined by the OCMI, must be posted in each cabin used for persons who are not members of the crew or industrial personnel. They must be conspicuously displayed at each muster station and in other accommodation spaces to inform personnel of– (1) The fire and emergency signal; (2) Their muster station; (3) The essential actions they must take in an emergency; (4) The location of lifejackets, including child-size lifejackets; (5) The method of donning lifejackets; (6) If immersion suits are provided, the location of the immersion suits; and (7) Fully illustrated instructions on the method of donning immersion suits. [CGD 84-069, 61 FR 25299, May 20, 1996, as amended at 63 FR 52815, Oct. 1, 1998] 154
Part 109 — Operations
Table Of Contents Subpart A—General Sec. 109.101 Applicability. 109.103 Requirements Of The International Convention For Safety Of Life At Sea, 1974. 109.105 Incorporation By Reference. 109.107 Designation Of Master Or Person In Charge. 109.109 Responsibilities Of Master Or Person In Charge. 109.121 Operating Manual. Subpart B–Tests, Drills, And Inspections 109.201 Steering Gear, Whistles, General Alarm, And Means Of Communication. 109.203 Sanitation. 109.205 Inspection Of Boilers And Machinery. 109.209 Appliances For Watertight Integrity. 109.211 Testing Of Emergency Lighting And Power Systems. 109.213 Emergency Training And Drills. 109.223 Fire Fighting Equipment. 109.227 Verification Of Vessel Compliance With Applicable Stability Requirements. Subpart C–Operation And Stowage Of Safety Equipment 109.301 Operational Readiness, Maintenance, And I nspection Of Lifesaving Equipment. 109.323 Manning Of Survival Craft And Supervision. 109.329 Fire Pumps. 109.331 Firehoses And Hydrants. 109.333 Fire Main Cutoff Valves. 109.334 Working Over Water. 109.335 Stowage Of Work Vests. 109.337 Fireman's Outfit. 109.339 Location Of Fire Axes. 109.347 Pilot Boarding Equipment. Subpart D–Reports, Notifications, And Records REPORTS AND NOTIFICATIONS
109.411 Notice And Reporting Of Casualty. 109.415 Retention Of Records After Casualty. 109.419 Report Of Unsafe Machinery. 109.421 eport Of Repairs To Boilers And Pressure Vessels. 109.425 Repairs And Alterations: Fire Detecting And Extinguishing Equipment. RECORDS
109.431 Logbook. 109.433 Logbook Entries. 109.435 Record Of Fire Fighting Equipment Inspection. 109.437 Crane Record Book. 109.439 Crane Certificates. Subpart E–Emergency Signals 109.503 Emergency Signals. Subpart F—Cranes 109.521 Cranes: General. 109.525 Cranes: Working Loads. 109.527 Cranes: Operator Designation. Subpart G—Miscellaneous 109.555 Propulsion Boilers. 109.557 Flammable And Combustible Liquids: Carriage. 109.559 Explosives And Radioactive Materials. 109.563 Posting Of Documents. 109.564 Maneuvering Characteristics. 109.565 Charts And Nautical Publications. 109.573 Riveting, Welding, And Burning Operations. 109.575 Accumulation Of Liquids On Helicopter Decks. 109.577 Helicopter Fueling. 109.585 Use Of Auto Pilot. Appendix A To Part 109 – Navigation And Vessel Inspection Circular No. 4-78 — Inspection And Certification Of Existing Mobile Offshore Drilling Units Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 6101, 10104; Department of Homeland Security Delegation No. 0170.1. [SOURCE: CGD 73-251, 43 FR 56828, Dec. 4, 1978, unless otherwise noted.] Subpart A—General §109.101 Applicability. No unit may be operated unless it complies with the regulations in this part. §109.103 Requirements Of The International Convention For Safety Of Life At Sea, 1974. No self-propelled unit of more than 500 gross tons may embark on an international voyage unless it is issued the appropriate Convention certificate as described in §§107.401 through 107.413 of this subchapter. §109.105 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 Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC 20002, and at the U.S. Coast Guard, Office of Design and Engineering Standards (G-MSE), 2100 Second Street SW., Washington, DC 20593-0001 and is available from the sources indicated in paragraph (b) of this section. (b) The material for incorporation by reference in this part and the sections affected are: American Society for Testing and Materials (ASTM) 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. ASTM Adjunct F 1626, Symbols for Use in Accordance with Regulation II-2/20 of the 1974 SOLAS Convention as amended PCN: 12-616260-01 (1996)— 109.563 International Maritime Organization (IMO) Publications Section, 4 Albert Embankment, London, SE1 7SR United Kingdom. Resolution A.654.(16), Graphical Symbols for Fire Control Plans– 109.563 [CGD 95-028, 62 FR 51208, Sept. 30, 1997, as amended by USCG 1998-4442, 63 FR 52191, Sept. 30, 1998; 64 FR 67170, Dec. 1, 1999; 65 FR 10943, March 1, 2000] §109.107 Designation Of Master Or Person In Charge. The owner of a unit or his agent shall designate an individual to be the master or person in charge of the unit. §109.109 Responsibilities Of Master Or Person In Charge. 155
(a) The master or person in charge shall– (1) Ensure that the provisions of the Certificate of Inspection are adhered to; and (2) Be fully cognizant of the provisions in the operating manual required by §109.121. (b) Nothing in this subpart shall be construed as limiting the master or person in charge, at his own responsibility, from diverting from the route prescribed in the Certificate of Inspection or taking such steps as he deems necessary and prudent to assist vessels in distress or for other emergency conditions. §109.121 Operating Manual. (a) Each unit must have on board an operating manual approved by the Coast Guard as meeting the requirements of this section. (b) The operating manual must be available to, and written in a manner that is easily understood by, the unit's operating personnel and include the following: (1) A table of contents and general index. (2) A general description of the unit, including major dimensions, tonnages, dry bulk capacities, damage stability standard to which designed, hook load capacity, rotary table capacity, set back load capacity, drilling derrick capacity, and the identification, the maximum deadweight in pounds and kilograms, and the rotor size in feet and meters of the helicopter used for the design of the helicopter deck. (3) Limiting design data for each mode of operation, including draft, air gap, wave height, wave period, wind, current, temperature, and other environmental factors. (4) Instructions on the use of the stability data. (5) Lightweight data with a comprehensive listing of the inclusions and exclusions of semi-permanent equipment, together with guidance for the routine recording of lightweight alterations. (6) Information identifying the type, location, and quantities of permanent ballast. (7) Hydrostatic curves or tables. (8) The maximum allowable deck loadings either listed or shown on a plan. (9) A capacity plan showing the capacities and the vertical, longitudinal, and transverse centers of gravity of tanks and bulk material stowage spaces. (10) Tank sounding tables or curves showing capacities, the vertical, longitudinal, and transverse centers of gravity in graduated intervals, and the free surface data of each tank. (11) Stability information setting forth the maximum allowable height of the center of gravity in relation to draft data, displacement, and other applicable parameters unique to the design of the unit to determine compliance with the intact and damage stability criteria. (12) Examples of loading conditions for each mode of operation and instructions for developing other acceptable loading conditions. (13) Information concerning the use of any special crossflooding fitting for each operating condition which, if damage occurs, may require crossflooding for survival (surface units only) and the location of any valve that may require closure to prevent progressive flooding (all units). (14) Guidance for preparing the unit for the passage of a severe storm and the specific actions and approximate length of time to complete them or to attain a designated level of preparedness. (15) Guidance for operating the unit while changing its mode of operation and for preparing the unit to make a move and, for self-
elevating units in the transit mode, information for preparing the unit to avoid structural damage during heavy weather, including the positioning and securing of legs, cantilever structures, and heavy cargo or large equipment which might shift position. (16) A description of any inherent operational limitations for each mode of operation and for each change in mode of operation. (17) Guidance for the person in charge to determine the cause of unexpected list and trim before taking corrective action. (18) For column stabilized units, a description, a schematic diagram, and guidance for the operation of the ballast system and of the alternate means of ballast system operation, together with a description of their limitations, such as pump capacities at various angles of heel and trim. (19) A description, a schematic diagram, and guidance for the operation of the bilge system and of the alternate means of bilge system operation, together with a description of their limitations, such as spaces not connected to the bilge system. (20) General arrangement plans showing the location of: Watertight and weathertight compartments, and openings in the hull and structure; vents, closures, and mechanical, ventilating, and electrical emergency shutdowns; flooding alarms and fire and gas detectors; and access to different compartments and decks. (21) A list of emergency shutdowns and guidance on restarting all mechanical, ventilating, and electrical equipment after activation of the emergency shutdowns. (22) Procedures for evacuating personnel from the unit. (23) A plan showing the hazardous locations described in §111.105-33 of this chapter. (24) A schematic diagram of the emergency power system. (Approved by the Office of Management and Budget under control number 1625-0038) [CGD 83-071, 52 FR 6979, Mar. 6, 1987; 52 FR 9383, Mar. 24, 1987, as amended by CGD 95-028, 62 FR 51208, Sept. 30, 1997] Subpart B – Tests, Drills, and Inspections §109.201 Steering Gear, Whistles, General Alarm, And Means Of Communication. The master or person in charge shall ensure that– (a) Steering gear, whistles, general alarm bells, and means of communication between the bridge or control room and the engine room on self propelled units are inspected and tested– (1) Within 12 hours before getting under way; and (2) At least once each week if under way or on station; and (b) Whistles and general alarm bells on all other units are inspected examined and tested at least once each week. §109.203 Sanitation. (a) The master or person in charge shall insure that the accommodation spaces are in a clean and sanitary condition. (b) The chief engineer, or engineer in charge if no chief engineer 156
is required, shall insure that the engineering spaces are in a clean and sanitary condition. §109.205 Inspection Of Boilers And Machinery. The chief engineer or engineer in charge, before he assumes charge of the boilers and machinery of a unit shall inspect the boilers and machinery, other than industrial machinery, and report to the master or person in charge and the Officer in Charge, Marine Inspection, any parts that are not in operating condition. §109.209 Appliances For Watertight Integrity. (a) Before getting underway, the master or person in charge shall insure that each appliance for watertight integrity is closed and watertight. (b) If existing conditions warrant, the master or person in charge may permit appliances for watertight integrity to be open while afloat. §109.211 Testing Of Emergency Lighting And Power Systems. (a) The master or person in charge shall insure that– (1) Each emergency lighting and each emergency power system is tested at least once each week; (2) Each emergency generator is tested at least once each month by operating it under load for at least 2 hours; and (3) Each storage battery for emergency lighting and power systems is tested every six months under actual connected load for a period of at least 2 hours. (b) After the 2 hour test period required in paragraph (a)(3) of this section, the voltage values under load or specific gravity of electrolyte must be measured. Measured values must be extrapolated to approximate the values that would result following a 12 hour test period. The test must be extended if a trend cannot be determined to allow extrapolation. The capacity of the battery corresponding to the extrapolated values of voltage or specific gravity must be sufficient to supply the actual connected load. §109.213 Emergency Training And Drills. (a) Training materials. Abandonment training material must be on board each unit. The training material must consist either of a manual of one or more volumes, written in easily understood terms and illustrated wherever possible, or audiovisual training aids, or both as follows: (1) If a training manual is used, a copy must be made available to each person on board the unit. If audiovisual training aids are used, they must be incorporated into the onboard training sessions described under paragraph (g) of this section. (2) The training material must explain, in detail– (2)(i) The procedure for donning lifejackets, immersion suits, and anti-exposure suits carried on board; (2)(ii) The procedure for mustering at the assigned stations; (2)(iii) The procedure for boarding, launching, and clearing the survival craft and rescue boats; (2)(iv) The method of launching from within the survival craft; (2)(v) The procedure for releasing from launching appliances; (2)(vi) The method and use of water spray systems in launching areas when required for the protection of aluminum survival craft or launching appliances; (2)(vii) Illumination in launching area; (2)(viii) The use of all survival equipment; (2)(ix) The use of all detection equipment for the location of survivors or survival craft; (2)(x) With illustrations, the use of radio lifesaving appliances; (2)(xi) The use of sea anchors; (2)(xii) The use of engine and accessories; (2)(xiii) The recovery of survival craft and rescue boats, including stowage and securing; (2)(xiv) The hazards of exposure and the need for warm clothing; (2)(xv) The best use of the survival craft for survival; (2)(xvi) The methods of retrieval, including the use of helicopter rescue gear (slings, baskets, stretchers), and unit's line throwing apparatus; (2)(xvii) The other functions contained in the muster list and emergency instructions; and (2)(xviii) The instructions for emergency repair of the lifesaving appliances. (b) Familiarity with emergency procedures. Each of the crew members and industrial personnel with assigned emergency duties on the muster list must be familiar with their assigned duties before working on the unit. (c) Drills–general. (1) Drills must, as far as practicable, be conducted as if there were an actual emergency. (2) Each of the crew members and industrial personnel must participate in at least one abandonment drill and one fire drill every month. Drills must take place within 24 hours of a change in crew or industrial personnel if more than 25 percent of the persons on board have not participated in an abandonment and fire drills on board the unit in the previous month. (3) Drills must be held before the unit enters service for the first time after modification of a major character, or when a new crew is engaged. (d) Abandonment drills. (1) Abandonment drills must include the following: (1)(i) Each drill must include summoning of industrial personnel and crew to muster stations with the general alarm, followed by drill announcements on the public address or other communication system, and ensuring that all on board are made aware of the order to abandon ship. (1)(ii) Each drill must include reporting to stations and preparing for the duties described in the muster list. (1)(iii) Each drill must include checking that industrial personnel and crew are suitably dressed. (1)(iv) Each drill must include checking that lifejackets or immersion suits are correctly donned. (1)(v) Each drill must include lowering of at least one lifeboat after any necessary preparation for launching. (1)(vi) Each drill must include starting and operating the lifeboat engine. 157
(1)(vii) Each drill must include operating davits used for launching the liferafts. (2) Different lifeboats must, as far as practicable, be lowered in compliance with the requirements of paragraph (d)(1)(v) of this section at successive drills. (3) Each lifeboat must be launched with its assigned operating crew aboard, and maneuvered in the water at least once every 3 months, during an abandonment drill. (4) As far as is reasonable and practicable, rescue boats other than lifeboats which are also rescue boats, must be launched each month with their assigned crew aboard and maneuvered in the water. In all cases this requirement must be complied with at least once every 3 months. (5) If a unit is fitted with marine evacuation systems, drills must include an exercising of the procedures required for the deployment of such a system up to the point immediately preceding actual deployment of the system. This aspect of drills should be augmented by regular instruction using the on board training aids. Additionally, members of the crew or industrial personnel assigned to duties involving the marine evacuation system must be further trained by participation in a full deployment of a similar system into water, either on board a unit or ashore, at intervals normally not longer than 2 years, but in no case longer than 3 years. (6) Emergency lighting for mustering and abandonment must be tested at each abandonment drill. (7) On a unit carrying immersion suits or anti-exposure suits, immersion suits or anti-exposure suits must be worn by crew members and industrial personnel in at least one abandonment drill in any three-month period. If wearing the suit is impracticable due to warm weather, the crew members must be instructed on its donning and use. (e) Line-throwing appliance. A drill must be conducted on the use of the line-throwing appliance at least once every 3 months. The actual firing of the appliance is at the discretion of the person in charge. (f) Fire drills. (1) Fire drills must, as far as practicable, be planned in such a way that due consideration is given to regular practice in the various emergencies that may occur depending on the type of unit. (2) Each fire drill must include– (2)(i) Reporting to stations, and preparing for the duties described in the muster list for the particular fire emergency being simulated; (2)(ii) Starting of fire pumps and the use of two jets of water to determine that the system is in proper working order; (2)(iii) Checking the fireman's outfits and other personal rescue equipment; (2)(iv) Checking the relevant communication equipment; (2)(v) Checking the operation of watertight doors, fire doors, and fire dampers and main inlets and outlets of ventilation systems in the drill area; (2)(vi) Checking the necessary arrangements for subsequent abandonment of the unit; and (2)(vii) Simulated operation of remote controls for stopping ventilation and fuel supplies to machinery spaces. (3) The equipment used during drills must immediately be brought back to its fully operational condition, and any faults and defects discovered during the drills must be remedied as soon as possible. (g) Onboard training and instruction. (1) Except as provided in paragraph (g)(2) of this section, onboard training in the use of the unit's lifesaving appliances, including survival craft equipment, and in the use of the unit's fire-
extinguishing appliances must be given to each member of the crew and industrial personnel as soon as possible but not later than 2 weeks after they join the unit. (2) If crew or industrial personnel are on a regularly scheduled rotating assignment to the unit, onboard training in the use of the unit's lifesaving appliances, including survival craft equipment, and in the use of the unit's fire-extinguishing appliances must be given not later than 2 weeks after the time of first joining the unit. (3) The crew and industrial personnel must be instructed in the use of the unit's fire-extinguishing appliances, lifesaving appliances, and in survival at sea at the same interval as the drills. Individual instruction may cover different parts of the unit's lifesaving and fire-extinguishing appliances, but all the unit's lifesaving and fire-extinguishing appliances, must be covered within any period of 2 months. (4) Crew and industrial personnel must be given instructions which include, but are not limited to– (4)(i) The operation and use of the unit's inflatable liferafts; (4)(ii) The problems of hypothermia, first aid treatment for hypothermia and other appropriate first aid procedures; (4)(iii) The special instructions necessary for use of the unit's lifesaving appliances in severe weather and severe sea conditions; and (4)(iv) The operation and use of fire-extinguishing appliances. (5) Onboard training in the use of davit-launched liferafts must take place at intervals of not more than 4 months on each unit with davit-launched liferafts. Whenever practicable this must include the inflation and lowering of a liferaft. If this liferaft is a special liferaft intended for training purposes only, and is not part of the unit's lifesaving equipment, this liferaft must be conspicuously marked. (6) Each of the industrial personnel without designated responsibility for the survival of others on board, must be instructed in at least– (6)(i) The emergencies which might occur on that particular type of unit; (6)(ii) The consequences of panic; (6)(iii) The location and actuation of fire alarm controls; (6)(iv) The location and proper method of use of firefighting equipment; (6)(v) Fire precautions; (6)(vi) The types of all lifesaving appliances carried on the unit and proper methods of using them, including– (6)(vi)(A) The correct method of donning and wearing a lifejacket, and if provided an immersion suit; (6)(vi)(B) Jumping into the water from a height while wearing a 158
lifejacket and, if provided, an immersion suit; (6)(vi)(C) How to board survival craft from the unit and from the water; (6)(vi)(D) Operation and use of the unit's inflatable liferafts; (6)(vi)(E) Special instructions necessary for use of the unit's lifesaving appliances in severe weather and severe sea conditions; (6)(vi)(F) Swimming while wearing a lifejacket; and (6)(vi)(G) Keeping afloat without a lifejacket. (6)(vii) Where appropriate, how to survive in the water– (6)(vii)(A) In the presence of fire or oil on the water; (6)(vii)(B) In cold conditions; and (6)(vii)(C) If sharks may be present. (6)(viii) Problems of hypothermia, first aid treatment for hypothermia and other appropriate first aid procedures; (6)(ix) The need to adhere to the principles of survival; and (6)(x) The basic methods of boarding helicopters. (7) Each member of the crew and each of the industrial personnel with designated responsibility for the survival of others on board must be instructed in at least the items covered in paragraph (g)(6) of this section, and– (7)(i) Methods of detection, isolation, control, and extinguishing of fire; (7)(ii) Checking and maintaining fire fighting equipment; (7)(iii) Marshaling of personnel; and (7)(iv) Abandonment of the unit, including– (7)(iv)(A) Launching survival craft; (7)(iv)(B) Getting survival craft quickly and safely clear of the unit; and (7)(iv)(C) Righting a capsized survival craft. (7)(v) Handling all survival craft and their equipment, including– (7)(v)(A) Checking and maintaining their readiness for immediate use; (7)(v)(B) Using equipment to the best advantage; (7)(v)(C) Using the sea anchor; (7)(v)(D) Remaining, as far as practicable, in the general vicinity of the unit, well clear of but not downwind of any hydrocarbons or fire; (7)(v)(E) Recovering and, as far as practicable, caring for other survivors; (7)(v)(F) Keeping a lookout; (7)(v)(G) Operating equipment provided to aid in the detection of the survival craft by others, including radio distress alerting and radio emergency procedures; and (7)(v)(H) Making proper use of food and drinking water and using protective measures in survival craft such as those for preventing exposure to cold, sun, wind, rain, and sea, and for preventing seasickness. (7)(vi) Cautioning on the preservation of body fluids and the dangers of drinking seawater; (7)(vii) Transferring personnel from survival craft to helicopters or to work boats; (7)(viii) Maintaining morale; and (7)(ix) Methods of helicopter rescue. (h) Records. (1) When musters are held, details of abandonment drills, fire drills, other lifesaving appliances, and onboard training must be recorded in the unit's official logbook. Logbook entries must include the following: (1)(i) Logbook entries must identify the date and time of the drill, muster, or training session. (1)(ii) Logbook entries must identify the survival craft and fire-
extinguishing equipment used in the drills. (1)(iii) Logbook entries must identify the inoperative or malfunctioning equipment and the corrective action taken. (1)(iv) Logbook entries must identify crew members and industrial personnel participating in drills or training sessions. (1)(v) Logbook entries must identify the subject of the onboard training session. (2) If a full muster, drill, or training session is not held at the appointed time, an entry must be made in the logbook stating the circumstances and the extent of the muster, drill, or training session held. [CGD 84-069, 61 FR 25299, May 20, 1996, as amended at 63 FR 52815, Oct. 1, 1998] §109.223 Fire Fighting Equipment. The master or person in charge shall insure that each hand portable fire extinguisher, semi-portable fire extinguisher, and fixed fire-extinguishing system is tested and inspected at least once each twelve months. §109.227 Verification Of Vessel Compliance With Applicable Stability Requirements. (a) The master or person-in-charge shall determine that the vessel complies with all applicable stability requirements in the vessel's trim and stability book, operating manual, stability letter, Certificate of Inspection, and Load Line Certificate, as the case may be, and then enter an attestation statement of the verification in the log book, at the following times: (1) Prior to transitioning from the transit condition to the operating condition; (2) Prior to transitioning from the operating condition to the transit condition; (3) Prior to significant changes in deck load or ballast; (4) At other times as required by the vessel's trim and stability book or operating manual; and (5) At all other times necessary to assure the safety of the vessel. 159
(b) When determining compliance with applicable stability requirements the vessel's draft, trim, and stability must be determined as necessary and any stability calculations made in support of the determination must be retained on board the vessel for a one month period or until a change of location, if shorter. [CGD 89-037, 57 FR 41823, Sept. 11, 1992] Subpart C–Operation And Stowage Of Safety Equipment §109.301 Operational Readiness, Maintenance, And Inspection Of Lifesaving Equipment. (a) Operational readiness. Except as provided in §109.301(b)(3), each lifesaving appliance must be in good working order and ready for immediate use at all times when the unit is in operation. (b) Maintenance. (1) The manufacturer's instructions for onboard maintenance of lifesaving appliances must be onboard and must include the following for each appliance– (1)(i) Checklists for use when carrying out the inspections required under §109.301(e); (1)(ii) Maintenance and repair instructions; (1)(iii) A schedule of periodic maintenance; (1)(iv) A diagram of lubrication points with the recommended lubricants; (1)(v) A list of replaceable parts; (1)(vi) A list of sources of spare parts; and (1)(vii) A log for records of inspections and maintenance. (2) In lieu of compliance with paragraph (b)(1) of this section, The OCMI may accept a planned maintenance program that includes the items listed in that paragraph. (3) If lifeboats, rescue boats or rigid liferafts are maintained and repaired while the unit is in operation, there must be a sufficient number of lifeboats and liferafts remaining available for use to accommodate all persons on board. (c) Spare parts and repair equipment. Spare parts and repair equipment must be provided for each lifesaving appliance and component subject to excessive wear or consumption and that needs to be replaced regularly. (d) Weekly inspections and tests. (1) Each survival craft, rescue boat, and launching appliance must be visually inspected to ensure its readiness for use. (2) Each lifeboat engine and rescue boat engine must be run ahead and astern for a total of not less than 3 minutes, unless the ambient air temperature is below the minimum temperature required for starting the engine. During this time, demonstrations should indicate that the gear box and gear box train are engaging satisfactorily. If the special characteristics of an outboard motor fitted to a rescue boat would not allow the outboard motor to be run other than with its propeller submerged for a period of 3 minutes, the outboard motor should be run for such period as prescribed in the manufacturer's handbook. (3) The general alarm system must be tested. (e) Monthly inspections. (1) Each lifesaving appliance, including lifeboat equipment, must be inspected monthly using the checklists required under paragraph (b) of this section to make sure it is complete and in good working order. A report of the inspection, including a statement as to the condition of the equipment, must be recorded in the unit's official logbook. (2) Each EPIRB and each SART other than an EPIRB or SART in an inflatable liferaft, must be tested monthly. The EPIRB must be tested using the integrated test circuit and output indicator to determine that it is operative. (f) Annual inspections. Annual inspection and repair must include the following: (1) Each survival craft, except for inflatable liferafts, must be stripped, cleaned, and thoroughly inspected and repaired, as needed, at least once in each year, including emptying and cleaning each fuel tank, and refilling it with fresh fuel. (2) Each davit, winch, fall and other launching appliance must be thoroughly inspected and repaired, as needed, once in each year. (3) Each item of survival equipment with an expiration date must be replaced during the annual inspection and repair, if the expiration date has passed. (4) Each battery clearly marked with an expiration date, that is used in an item of survival equipment must be replaced during the annual inspection and repair, if the expiration date has passed. (5) Except for a storage battery used in a lifeboat or rescue boat, each battery without an expiration date that is used in an item of survival equipment must be replaced during the annual inspection and repair. (g) Servicing of inflatable lifesaving appliances, inflated rescue boats, and marine evacuation systems
. (1) Each inflatable lifesaving appliance and marine evacuation system must be serviced– (1)(i) Within 12 months of its initial packing; and (1)(ii) Within 12 months of each subsequent servicing, except when servicing is delayed until the next scheduled inspection of the unit, provided the delay does not exceed 5 months. (2) Each inflatable lifejacket must be serviced in accordance with servicing procedures meeting the requirements of part 160, subpart 160.176 of this chapter. Each hybrid inflatable lifejacket must be serviced in accordance with the owners manual and meet the requirements of part 160, subpart 160.077 of this chapter. (3) An inflatable liferaft must be serviced at a facility specifically approved by the Commandant for the particular brand, and in accordance with servicing procedures meeting the requirements of part 160, subpart 160.151, of this chapter– (3)(i) No later than the month and year on its servicing sticker affixed under 46 CFR 160.151-57(n), except that servicing may be delayed until the next scheduled inspection of the unit, provided that the delay does not exceed 5 months; and (3)(ii) Whenever the container is damaged or the container straps or seals are broken. (4) Each inflated rescue boat must be repaired and maintained in accordance with the manufacturer's instructions. All repairs to inflated chambers must be made at a servicing facility approved by the Commandant, except for emergency repairs carried out on board the unit. 160
(h) Periodic servicing of hydrostatic release units. Each hydrostatic release unit, other than a disposable hydrostatic release unit, must be serviced– (1) Within 12 months of its manufacture and within 12 months of each subsequent servicing, except when servicing is delayed until the next scheduled inspection of the unit, provided the delay does not exceed 5 months; and (2) In accordance with repair and testing procedures meeting the requirements of part 160, subpart 160.062 of this chapter. (i) Periodic servicing of launching appliances and release gear. (1) Launching appliances must be serviced at the intervals recommended in the manufacturer's instructions, or as set out in the shipboard planned maintenance program. (2) Launching appliances must be thoroughly examined at intervals not exceeding 5 years and upon completion of the examination, the launching appliance must be subjected to a dynamic test of the winch brake. (3) Lifeboat and rescue boat release gear must be serviced at the intervals recommended in the manufacturer's instructions, or as set out in the planned maintenance program. (4) Lifeboat and rescue boat release gear must be subjected to a thorough examination by properly trained personnel familiar with the system at each inspection for certification. (5) Lifeboat and rescue boat release gear must be operationally tested under a load of 1.1 times the total mass of the lifeboat when loaded with its full complement of persons and equipment, whenever overhauled, or at least once every 5 years. (j) Maintenance of falls. (1) Each fall used in a launching appliance must be turned end-
for-end at intervals of not more than 30 months and must be renewed when necessary due to deterioration or at intervals of not more than 5 years, whichever is earlier. (2) As an alternative to paragraph (j)(1) of this section, each fall may be inspected annually and renewed whenever necessary due to deterioration or at intervals of not more than 4 years, whichever is earlier. (k) Rotational deployment of marine evacuation systems. In addition to or in conjunction with the servicing intervals of marine evacuation systems required by paragraph (g)(1) of this section, each marine evacuation system must be deployed from the unit on a rotational basis. Each marine evacuation system must be deployed at least once every 6 years. [CGD 84-069, 61 FR 25301, May 20, 1996, as amended by CGD 85-205, 62 FR 35392, July 1, 1997; CGD 84-069, 63 FR 52816, Oct. 1, 1998; 67 FR 58537, Sept. 17, 2002] §109.323 Manning Of Survival Craft And Supervision. (a) There must be a sufficient number of trained persons on board the survival craft for mustering and assisting untrained persons. (b) There must be a sufficient number of deck officers, able seamen, or certificated persons on board to operate the survival craft and launching arrangements required for abandonment by the total number of persons on board. (c) There must be one person placed in charge of each survival craft to be used. The person in charge must– (1) Be a deck officer, able seaman, or certificated person. The OCMI, considering the number of persons permitted on board, and the characteristics of the unit, may permit persons practiced in the handling and operation of liferafts or inflatable buoyant apparatus to be placed in charge of liferafts or inflatable buoyant apparatus; (2) Have another person designated second-in-command of each lifeboat permitted to carry more than 40 persons. This person should be a deck officer, able seaman, or certificated person; and (3) Have a list of the survival craft crew and must see that the crewmembers are acquainted with their duties. The second-in-
command of a lifeboat must also have a list of the lifeboat crew. (d) There must be a person assigned to each motorized survival craft who is capable of operating the engine and carrying out minor adjustments. (e) The person in charge must make sure that the persons required under paragraphs (a), (b), and (c) of this section are equitably distributed among the unit's survival craft. [CGD 84-069, 61 FR 25302, May 20, 1996] §109.329 Fire Pumps. The master or person in charge shall insure that at least one of the fire pumps required in §108.415 is ready for use on the fire main system at all times. §109.331 Firehoses And Hydrants. The master or person in charge shall insure that– (a) At least one length of firehose with a combination nozzle is connected to each fire hydrant required by this subchapter, at all times, except that during heavy weather a firehose in an exposed location may be temporarily removed from the fire hydrant and stowed in an accessible, nearby location; (b) A fire hose required by this subchapter is not used for any purpose other than firefighting, fire drills, and testing; (c) Access to each fire hydrant is not blocked; (d) Each firehose, except a firehose temporarily removed from an exposed location, is stowed on a rack or reel required by this subchapter; and (e) Each low velocity spray applicator for a fire hose nozzle is attached to the nozzle or stowed next to the fire hydrant to which the fire hose is attached. §109.333 Fire Main Cutoff Valves. The master or person in charge shall insure that each fire main cutoff valve is open and sealed to prevent closing, except that a cutoff valve may be closed to protect the portion of the fire main system on an exposed deck from freezing. §109.334 Working Over Water. The master or person in charge shall insure that each person working over the water is wearing a life preserver or a buoyant work vest. §109.335 Stowage Of Work Vests. The master or person in charge shall insure that no work vest is stowed where life preservers are stowed. §109.337 Fireman's Outfit. The master or person in charge shall insure that– (a) At least 2 persons who are trained in the use of the fireman's outfit are on board at all times; and (b) Each fireman's outfit and its spare equipment is stowed in a separate and accessible location. 161
(c) A fireman's outfit is not used for any purpose other than fire fighting except as provided in §108.703. §109.339 Location Of Fire Axes. The master or person in charge shall insure that the fire axes required in §108.499 of this subchapter are located in the enclosures for fire hoses marked in accordance with §108.633 of this subchapter, if the fire axes are not located in plain view. §109.347 Pilot Boarding Equipment. (a) The master or person in charge shall ensure that pilot boarding equipment is maintained as follows: (1) The equipment must be kept clean and in good working order. (2) Each damaged step or spreader step on a pilot ladder must be replaced in kind with an approved replacement step or spreader step, prior to further use of the ladder. The replacement step or spreader step must be secured by the method used in the original construction of the ladder, and in accordance with manufacturer instructions. (b) The master or person in charge shall ensure compliance with the following during pilot boarding operations: (1) Only approved pilot boarding equipment may be used. (2) The pilot boarding equipment must rest firmly against the hull of the vessel and be clear of overboard discharges. (3) Two man ropes, a safety line and an approved lifebuoy with an approved water light must be at the point of access and be immediately available for use during boarding operations. (4) Rigging of the equipment and embarkation/debarkation of a pilot must be supervised in person by a deck officer. (5) Both the equipment over the side and the point of access must be adequately lit during night operations. (6) If a pilot hoist is used, a pilot ladder must be kept on deck adjacent to the hoist and available for immediate use. [CGD 79-032, 49 FR 25455, June 21, 1984] Subpart D–Reports, Notifications, And Records REPORTS AND NOTIFICATIONS
§109.411 Notice And Reporting Of Casualty. The requirements for providing notice and reporting of marine casualties are contained in Part 4 of this chapter. [CGD 84-099, 52 FR 47536, Dec. 14, 1987] §109.415 Retention Of Records After Casualty. (a) The owner, agent, master, or person in charge of a unit for which a report of casualty is made under §109.411 shall insure that all records maintained on the unit are retained on board the unit for at least 3 months after the report of casualty is made or until advised by the Officer in Charge, Marine Inspection, that records need not be retained on board. (b) The records which must be retained in accordance with paragraph (a) of this section include: (1) Rough and smooth deck log. (2) Rough and smooth engine room log. (3) Tour reports. (4) Bell books. (5) Navigation charts in use at the time of casualty. (6) Navigation work books. (7) Compass deviation cards. (8) Gyrocompass records. (9) Storage plans. (10) Record of drafts. (11) Notices to mariners. (12) Radiograms sent and received. (13) The radio log. (14) Personnel list. (15) Crane record book. (c) The owner, agent, master, or person in charge shall, upon request, make the records described in this section available for examination by any Coast Guard official authorized to investigate the casualty. §109.419 Report Of Unsafe Machinery. If a boiler, unfired pressure vessel, or other machinery on a unit is unsafe to operate, the master or person in charge shall report the existence of the unsafe condition to the Officer in Charge, Marine Inspection. §109.421 Report Of Repairs To Boilers And Pressure Vessels. Before making repairs, except normal repairs and maintenance such as replacement of valves or pressure seals, to boilers or unfired pressure vessels in accordance with §50.05-10 of this chapter, the master or person in charge shall report the nature of the repairs to the Officer in Charge, Marine Inspection. §109.425 Repairs And Alterations: Fire Detecting And Extinguishing Equipment. (a) Before making repairs or alterations, except for routine maintenance, minor repairs, or emergency repairs or alterations to fire detecting and extinguishing equipment, the master or person in charge must report the nature of the repairs or alterations to the OCMI. (b) When emergency repairs or alterations, other than minor emergency repairs, have been made to fire-detecting or fire-
extinguishing equipment, the master or person in charge must report the nature of the repairs or alterations to the OCMI. [CGD 84-069, 63 FR 52816, Oct. 1, 1998] RECORDS
§109.431 Logbook. (a) The master or person in charge of a unit, that is required by 46 U.S.C. 11301 to have an official logbook, shall maintain the logbook on Form CG-706. When the voyage is completed, the master or person in charge shall file the logbook with the Officer in Charge, Marine Inspection. (b) The master or person in charge of a unit that is not required by 46 U.S.C. 11301 to have an official logbook, shall maintain, on board, an unofficial logbook for making the entries required by this subpart. This logbook must be retained on board until the unit's next reinspection or inspection for certification. [CGD 73-251, 43 FR 56828, Dec. 4, 1978, as amended by CGD 95-028, 62 FR 51208, Sept. 30, 1997; USCG-1999-6216, 64 FR 53227, Oct. 1, 1999] §109.433 Logbook Entries.
[
1
NOTE: 46 U.S.C. 11301 requires that certain entries be made in an official logbook, in addition to the entries required by this section; and 46 U.S.C. 11302 prescribes the manner of making those entries.] The master or person in charge shall insure that the following applicable entries are made in the logbook required by this subpart: (a) The date of each test of the steering gear, whistle, general alarm, and communications equipment and the condition of the equipment. 162
(b) The time and date of each opening and closing, while the unit is afloat, of each required appliance for watertight integrity not fitted with a remote operating control or alarm system and the reasons for the action. (c) The date of each test of emergency lighting and power systems and the condition and performance of the equipment. (d) The logbook must include information on emergency training drills required in §109.213(h). (e) Prior to getting underway, the fore and aft drafts, the position of the loadline marks in relation to the surface of the water, and the density of the water in which the vessel is floating, if in fresh or brackish water. (f) After loading and prior to getting underway and at all other times necessary to assure the safety of the vessel, a statement verifying vessel compliance with applicable stability requirements as required by §109.227. (g) The date of each inspection of each accommodation space. (h) The date of each inspection required in §109.573 if performed by the master or person in charge. [CGD 73-251, 43 FR 56828, Dec. 4, 1978, as amended by CGD 83-067, 49 FR 39162, Oct. 4, 1984; CGD 89-037, 57 FR 41824, Sept. 11, 1992; CGD 84-069, 61 FR 25303, May 20, 1996] §109.435 Record Of Fire Fighting Equipment Inspection. (a) The master or person in charge shall ensure that a record of each test and inspection required in §109.223 is maintained on board, until the unit is reinspected or inspected for certification. (b) The record required in paragraph (a) of this section must show– (1) The date of each test and inspection; (2) The number or other identification of each item of equipment tested or inspected; and (3) The name of the person, and the company he represents if any, who conducts the test or inspection. §109.437 Crane Record Book. The master or person in charge shall ensure that the following are maintained in a crane record book: (a) Descriptive information which will identify each crane including– (1) The API name plate data required by Section 11 of API Spec. 2C, Second Edition, February 1972; and (2) The rates load chart for each line reeving and boom length which may be utilized. (b) Information required by Section 3 of the American Petroleum Institute Recommended Practice for Operation and Maintenance of Offshore Cranes, API RP 2D, First Edition (October 1972) with supplement 1. (c) Dates and results of frequent inspections and tests required in paragraph (b) of this section. (d) Dates and results of periodic inspections and tests required in paragraph (b) of this section. (e) Date and result of each rated load test. (f) Date and description of each replacement or renewal of wire rope, hooks, and other load components. (g) Date and description of each failure of the crane, or any component or safety feature. (h) Date and description of each repair to the crane structure, boom, or equipment. §109.439 Crane Certificates. The master or person in charge shall insure that the following certificates and records for each crane are maintained on the unit: (a) Each certificate issued by a crane certifying authority. (b) Each record and original certificate, or certified copy of a certificate, or manufacturers or testing laboratories, companies or organizations for– (1) Loose gear; (2) Wire rope; and (3) The annealing of wrought iron gear. Subpart E – Emergency Signals. §109.503 Emergency Signals. (a) Emergency stations signals are established as follows: (1) The signal to man emergency stations is a rapid succession of short soundings of both the general alarm bell and the whistle, if a whistle is installed, for a period of not less than 10 seconds. (2) The signal to secure from emergency stations is the sounding of both the general alarm bell and the whistle, if a whistle is installed, three times. (b) The abandon unit stations signals are established as follows: (1) The signal to man abandon unit stations is a continuous sounding of both the general alarm and the whistle, if a whistle is installed. (2) If whistle signals are used to direct the handling of lifeboats and davit-launched liferafts, they must be– (2)(i) One short blast to lower the lifeboats and davit-launched liferafts; and (2)(ii) Two short blasts to stop lowering the lifeboats and davit-
launched liferafts. (3) The signal to secure from abandon unit stations is the sounding of both the general alarm bell and the whistle, if a whistle is installed, three times. [CGD 73-251, 43 FR 56828, Dec. 4, 1978, as amended by CGD 84-069, 61 FR 25303, May 20, 1996] Subpart F – Cranes §109.521 Cranes: General. The master or person in charge shall ensure that each crane is operated and maintained in accordance with the API Recommended Practice for Operation and Maintenance of Offshore Cranes, API RP 2D, First Edition (Oct. 1972) with supplement 1. §109.525 Cranes: Working Loads. The master or person in charge shall ensure that tables indicating the maximum safe working loads for the various working angles of the boom, where the boom is rated at varying capacities depending on the radius, and the maximum and minimum radius at which the boom may be safely used, are conspicuously posted near the controls and are visible to the operator when working the crane. 163
§109.527 Cranes: Operator Designation. (a) The master or person in charge shall designate, in writing, each crane operator. (b) The master or person in charge shall ensure that only designated operators operate cranes. (c) The master or person in charge shall ensure that each designated operator is familiar with the provisions of the API Recommended Practice for Operation and Maintenance of Offshore Cranes, API RP 2D, First Edition (Oct. 1972) with supplement 1. Subpart G – Miscellaneous §109.555 Propulsion Boilers. The master or person in charge and the engineer in charge shall ensure that– (a) Steam pressure does not exceed that allowed by the certificate of inspection; and (b) The safety valves, once set, are not tampered with or made inoperative. [CGD 73-251, 43 FR 56828, Dec. 4, 1978, as amended by CGD 95-028, 62 FR 51208, Sept. 30, 1997] §109.557 Flammable And Combustible Liquids: Carriage. The master or person in charge shall ensure that– (a) Flammable and combustible liquids in bulk are not carried, except as allowed by endorsement to the Certificate of Inspection; (b) Portable tanks are handled and stowed in accordance with subparts 98.30 and 98.33 of this chapter and the provisions of 49 CFR parts 171 through 179 that apply to portable tanks; and (c) Grades B and lower liquids are– (1) Authorized, by the Commandant, to be carried; and (2) Carried only in fixed independent or integral tanks. [CGD 73-251, 43 FR 56828, Dec. 4, 1978, as amended by CGD 84-043, 55 FR 37413, Sept. 11, 1990] §109.559 Explosives And Radioactive Materials. Except as authorized by the master or person in charge, no person may use explosives or radioactive materials and equipment on a unit. §109.563 Posting Of Documents.The master or person in charge shall ensure that the following are posted under glass in the pilot house or control center: (a) General arrangement plans for each deck showing– (1) Each fire retardant bulkhead; (2) Each fire detecting, manual alarm, and fire extinguishing system; (3) Each fire door; (4) Each means of ingress to compartments; and (5) Each ventilating system, including the location of each damper, fan, and remote means of stopping the fans. (6) For units constructed on or after September 30, 1997, and for existing units which have their plans redrawn, the symbols used to identify the aforementioned details shall be in accordance with IMO Assembly resolution A.654(16). The identical symbols can be found in ASTM Adjunct F 1626 (incorporated by reference, see §109.105). (b) The stability letter issued by the Coast Guard. (c) Each SOLAS and Coast Guard certificate issued to the unit. [CGD 73-251,43 FR 56828,Dec. 4, 1978,as amended by CGD 95-
028, 62 FR 51208,Sept. 30, 1997;65 FR 58455,Sept. 29, 2000] §109.564 Maneuvering Characteristics. (a) The master or person in charge of each self-propelled unit of 1,600 gross tons and over shall ensure that a maneuvering information fact sheet is prominently displayed in the pilothouse. (b) For surface type units, the maneuvering information in Subpart 97.19 of this chapter must be displayed. (c) The maneuvering information requirements for column stabilized, self-elevating, and other units of unusual design will be specified on a case by case basis. §109.565 Charts And Nautical Publications. The master or person in charge of a self-propelled unit shall ensure that the unit has the following adequate, up to date, and appropriate items for the intended voyage: (a) Charts. (b) Sailing directions. (c) Coast pilots. (d) Light lists. (e) Notices to mariners. (f) Tide Tables. (g) Current Tables. (h) All other nautical publications necessary.
1
[
1
NOTE: For U.S. units in or on the navigable waters of the United States. See 33 CFR 164.33.] §109.573 Riveting, Welding, And Burning Operations. Except as allowed by this section– (a) The master or person in charge shall ensure that there is no riveting, welding, or burning– (1) In a fuel tank; (2) On the boundary of a fuel tank; (3) On pipelines, heating coils, pumps, fittings, or other appurtenances connected to fuel tanks; or (4) On the boundary of spaces adjacent to tanks carrying Grades A, B, or C flammable liquids in bulk. (b) The operations prohibited in paragraph (a) of this section may be allowed if– (1) An inspection conducted in accordance with the "Standard for the Control of Gas Hazards on Vessels to be Repaired," N.F.P.A. No. 306-1974, is made– (1)(i) In ports or navigable waters of the United States, its territories and possessions, by– (1)(i)(A) A marine chemist certified by the National Fire Protection Association; or (1)(i)(B) If a certified marine chemist is not available, a person designated by the Officer in Charge, Marine Inspection; or (1)(ii) In all other locations by– (1)(ii)(A) A marine chemist certified by the National Fire Protection Association; (1)(ii)(B) If a certified marine chemist is not available, a person designated by the Officer in Charge, Marine Inspection; or (1)(ii)(C) If the persons required in paragraphs (b)(1)(ii)(A) and (B) of this section are not available, the master or person in charge; or a welding supervisor designated, in writing, by the master or person in charge; and 164
(2) A certificate is issued by the person conducting the inspection stating– (2)(i) That he conducted the inspection in accordance with the standard in paragraph (b)(1) of this section; (2)(ii) The operations that may be conducted; and (2)(iii) A list of precautions to be followed during the operations; (c) The master or person in charge shall ensure that the precautions in paragraph (b)(2)(iii) of this section are followed. §109.575 Accumulation Of Liquids On Helicopter Decks. The master or person in charge shall ensure that no liquids are allowed to accumulate on the helicopter decks. §109.577 Helicopter Fueling. (a) The master or person in charge shall designate persons to conduct helicopter fueling operations. (b) Portable tanks are handled and stowed in accordance with subparts 98.30 and 98.33 of this chapter and the provisions of 49 CFR parts 171 through 179 that apply to portable tanks; and [CGD 73-251, 43 FR 56828, Dec. 4, 1978, as amended by CGD 84-043, 55 FR 37413, Sept. 11, 1990] §109.585 Use Of Auto Pilot. 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– (a) It is possible to immediately establish manual control of the unit's steering; (b) A competent person is ready at all times to take over steering control; and (c) The changeover from automatic to manual steering and vice versa is made by, or under the supervision of, the officer of the watch. Appendix A To Part 109–Navigation And Vessel Inspection Circular No. 4-78–Inspection And Certification Of Existing Mobile Offshore Drilling Units 1. Purpose. To promulgate instructions for the inspection and certification of existing mobile offshore drilling units. This NVIC is also being published as appendix A of 46 CFR Subchapter IA. 2. Background. Mobile Offshore Drilling Units are recognized internationally through the Intergovernmental Maritime Consultative Organization as being a "special purpose ship" designed and operated to carry out an industrial function at sea. Contemporary U.S. Vessel regulations in Title 46 CFR do not adequately cover the safety considerations which are unique to the hull and structural designs, industrial equipment and operating procedures incorporated in drilling vessels. To provide appropriate and adequate standards, the Coast Guard with the assistance of the National Offshore Operations Advisory Committee, and following the provisions of the Administrative Procedures Act, developed Subchapter IA, Regulations for Mobile Offshore Drilling Units, 46 CFR Parts 107-109 and amendments to 46 CFR Subchapters "F", Marine Engineering Regulations, and "J", Electrical Engineering Regulations. These regulations, published in FEDERAL REGISTER (43 FR 56788 December 4, 1978) will apply to all units contracted for on or after the effective date of the regulations. 3. Discussion. a. This NVIC elaborates the "grandfather provisions" of 46 CFR 107.211 and 107.215 in applying Subchapter IA to the approximately 150 existing ocean-going U.S. flag mobile offshore drilling units. "Existing" Mobile Offshore Drilling Units are those vessels which have been contracted for before the effective date of the regulations including: (1) Units in Service. (2) Units under construction. (3) Units contracted for which are to be constructed and delivered prior to January 1, 1981. b. Existing uncertificated mobile drilling units of which there are approximately 92 of the bottom bearing configuration, i.e., jack-up and submersible types, have not previously been required to comply with vessel inspection regulations. Some units have met the load line requirements of Subchapter "E" for International Voyages. Many of the older units are not classed by a classification society. Bottom bearing units operating on the Outer Continental Shelf of United States have been required to meet the safety requirements of 33 CFR Subchapter "N" as artificial islands. On January 3, 1979, existing bottom bearing units are subject to the "grandfather provisions" in §107.211(c) of Subchapter IA. c. Existing certificated mobile offshore drilling units, for the purposes of this NVIC, are column-stabilized and ship-shape types of which approximately 58 are currently certificated, or have made application for an original Certificate of Inspection or intend to make application for an original inspection for certification under 46 CFR Subchapter "I" on the basis of the unit being contracted for prior to the effective date of the new regulations. These units may continue to meet the structural, equipment, material and arrangement standards which were applicable to the hull, engineering, electrical and industrial systems when the units were contracted for. In addition they must meet the provisions of d.(1), d.(4)(d), d.(7)(b), d.(8), d.(9), d.(10)(b), d.(11) and d.(12) of paragraph 3 of this NVC in accordance with §107.215(c)(2) of Subchapter IA. d. Inspection Provisions for Existing Uncertificated Units. The intent of the "grandfather" provisions of this NVIC for existing uncertificated units is to ascertain through inspection that the material condition of the unit and its equipment meet reasonable levels of safety. To this end, the following determinations will be made: • The design, construction and arrangements of the hull, machinery electrical and industrial systems do not reveal manifestly unsafe aspects. • There is no excessive deterioration of the hull structure or equipment foundations. • There are no intrinsic fire or explosion hazards. • There are no personnel hazards such as unguarded moving machinery, potential electrical shock conditions or lack of handrails. • The unit is seaworthy and exhibits satisfactory stability. (1) General. (a) Repairs and minor alterations to hull structure or equipment may be made to the same standards as the original installation. However, new installations or major alterations which affect vessel or personnel safety shall meet the applicable standards of Subchapter IA. (b) Existing items of safety equipment not meeting the applicable specifications or requirements set forth in Subchapter IA may be continued in service as long as they are maintained in good working order to the satisfaction of the OCMI. Such safety equipment and installations requiring extensive repairs shall be replaced and shall meet the applicable specifications and requirements of Subchapter IA. 165
(c) The OCMI has discretion to accept alternatives or equivalents which meet the established standards, and to give special consideration to departures from the regulations when it can be shown that special circumstances warrant such departures. (2) Plan Submittal. (a) For units not classed by the American Bureau of Shipping or other recognized classification society, (see 46 CFR 108.109) the OCMI must have sufficient plans and information submitted to him which will describe such things as the unit's size, construction, configuration, arrangement of tanks, decks and spaces; and the machinery and electrical installation. In addition, the OCMI may require submittal of any additional data he considers necessary in order to proceed with the original inspections. (b) For units classed by the American Bureau of Shipping or other recognized classification society, the plans and information described in Subchapter IA §107.305(a), (b), (v), and (ii) and a general description of the machinery and electrical installation shall be submitted to the OCMI for information. The OCMI may accept continued classification as proof of structural, mechanical, and electrical sufficiency. However, the OCMI may require additional plans and information if necessary. (3) Hull Structure. (a) No structural changes will be required unless manifestly unsafe conditions exist. (b) Existing uncertificated units must be drydocked or have a special examination in lieu of drydocking as required by 46 CFR, 107-261. (c) Achievement of one compartment subdivision is not required where extensive modification of the original design would be necessary; however, watertight integrity of the hull and structural boundaries must be maintained. Bulkheads and decks designed to be watertight must be maintained as such where they are penetrated by pipes, electrical cable, reach rods, ventilation systems, etc. (4) Stability. (a) The stability of each existing unit will be reviewed by the Coast Guard. The plans indicated in 46 CFR Subchapter IA §107.305(q) through (u-l) must be submitted to the cognizant OCMI or Merchant Marine Technical Office. (b) Lightship data from a Coast Guard witnessed and approved stability test is required for each existing, uncertificated unit. Alternatively other evidence of lightship values will be considered on a case by case basis. (c) In general, compliance with the intact stability standards of 46 CFR Subchapter IA, §§108.303 through 108.309 is required. Where existing units were designed to a lesser standard of stability than that specified in §§108.303 through 108.309, some relaxation based on proven past performance may be granted at the discretion of the OCMI and limiting conditions, if any, set forth in the operating manual. In no case will the minimum wind speed for adequate stability be reduced below 50 knots. (d) An operating manual shall be prepared for each unit. Each operating manual must contain the information indicated in 46 CFR Subchapter IA, §109.121(d) and be submitted to the cognizant OCMI or Merchant Marine Technical Office for review. (5) Load Line. (a) All units are required to obtain and maintain a valid Load Line Certificate. The structure and stability of the unit must be proven adequate for the voyages and areas of operation intended. (b) The American Bureau of Shipping or other recognized classification society will issue Load Line Certificates and conduct initial and annual load line surveys. Coast Guard and the American Bureau of Shipping inspections may be conducted simultaneously, but it is the owner's responsibility to arrange coordinated inspection schedules. (c) The structural review conducted by the American Bureau of Shipping or other recognized classification society for load line assignment may be accepted by the Coast Guard as proof of structural adequacy of the hull. (d) The stability review must be completed prior to issuance of a Load Line Certificate. The Coast Guard will inform the American Bureau of Shipping or other recognized classification society of the results of the stability review, and will indicate any stability limitations to be placed on the Load Line Certificate. (e) Freeboard calculations for self-elevating units with barge type hulls will be made in accordance with 46 CFR, Part 42. The bow height requirements of 46 CFR 42.20-70 may be relaxed to approximately 33% of the normal requirement for barge shapes moving at speeds less than 6 knots. No relaxation of the addition to freeboard for deficiency in sheer is allowed. The freeboard for units other than self-elevating units with barge type hulls will be based upon compliance with the intact and damage stability standards applicable at the time the unit was contracted for. (f) All units delivered after the date of this NVIC regardless of contract date, must obtain a Load Line Certificate as soon as operationally feasible. (6) Route and Operating Area Limitations. (a) Units classed by the American Bureau of Shipping or other recognized classification society for ocean service generally will be certificated by the Coast Guard for ocean routes. (b) Unclassed units which have proven structural and stability adequacy by continued safe operation in a specific geographic area, such as the Gulf of Mexico, will be limited by the Certificate of Inspection and Load Line Certificate to that area. To qualify for an unlimited oceans route, such a unit must be reviewed for adequacy of the structure and stability by the Coast Guard and meet the Load Line requirements of d. (5) above. (c) Any unit which intends to move or operate outside the geographical area indicated on the Certificate of Inspection must receive prior approval from the OCMI. (7) Fire Protection. (a) Structural fire protection. All units must meet the provisions of §108.123, Insulation of Combustible Materials and §108.127, Storage Lockers for Combustibles. All existing interior stairways which are open at each end must be enclosed at one level. On units where wood was utilized in the construction of accommodation spaces, each space must be equipped with a smoke or heat detector either battery powered or operating on the AC power supply. All detectors must have the Underwriters Laboratories, Inc., label (UL) or the Factory Mutual Laboratories (FM) label. (b) Fire Extinguishing Systems. Systems and equipment must be provided which will meet or be equivalent to the applicable specifications and provisions required by Subchapter IA. Installed fire extinguishing systems, which provide equivalent or greater protection than systems required by Subpart E, Subchapter IA may be continued in use as long as they are in good material condition and will function as designed. Where practicable, existing washdown systems may be utilized as the firemain. Where wood was utilized in the construction of accommodation spaces, the applicable requirements of 46 CFR Subchapter IA, Table 108.495(a) should be doubled. (8) Lifesaving Equipment. (a) Each unit must have lifesaving equipment (lifeboats and davit launched liferafts) for 200 percent of the total persons allowed on board. Except for submersible type units, the installation of lifeboats for 100 percent of the persons (on board) is required in 166
accordance with 46 CFR 108.503 of Subchapter IA. Consideration will be given to those units where existing arrangement and structure do not provide sufficient room for installation of the lifeboats or where the added weight of the lifeboats, davits and winches will materially reduce the variable load capacity of the unit. In such cases, davit launched inflatable liferafts with a combined personnel capacity of the required lifeboats, and a rescue boat approved by the OCMI may be acceptable equivalents. Submersible type units may substitute Coast Guard approved throw over type inflatable liferafts and an approved rescue boat for the required lifeboats. (b) For the second part of the total 200 percent primary lifesaving requirement, lifeboats installed in accordance with 33 CFR, Subchapter "N" Part 144 or Coast Guard approved life floats may be retained as provided for in 3.d(1)(b) of this Circular. They will be considered collectively with the Coast Guard approved liferafts for calculating the amount of equipment to provide for 100 percent of personnel on board. (c) Adequate access to all lifesaving equipment must be provided. (9) Cranes. (a) Plan approval will not normally be required of any crane which conforms to the specifications of the manufacturer as originally installed. A rated load test as described in §107.260 of Subchapter IA will be required unless the crane has been load tested while under certification by an approved certifying authority as provided for in 46 CFR 107.258. Prior to the rated load test, the crane should be identified by manufacturer and model number to determine that the correct load rating chart is being used. The owner must submit to the OCMI details and calculations of any alterations to a crane which were accomplished without manufacturer's documentation in order to verify the rated load of the crane. (10) Electrical. (a) Multiple power sources do not require an emergency generator; however, storage batteries or approved relay-
controlled battery operated lanterns are required to be installed for the emergency lighting system and provide 12 hours of lighting. (b) Electrical equipment installed in Class I, division 1 and 2 locations, as defined in Subchapter IA, §108.170 must be of a suitable type and in good material condition. (11) Unfired Pressure Vessels. (a) Unfired pressure vessels built and stamped in accordance with Section VIII of the ASME Code may be continued in service as long as they remain in satisfactory condition. At the original and subsequent inspections for certification, ASME Code pressure vessels must be tested and examined in accordance with the requirements in 46 CFR 61.10-5. (b) Unfired pressure vessels which cannot be identified as being constructed to any recognized standard may be continued in service provided that no obvious defects are noted. These pressure vessels shall be hydrostatically tested to one and one half times the working pressure. For pressure vessels that can not be reasonably hydrostatically tested, nondestructive testing may be used to verify the pressure vessels condition for continued serviceability. These pressure vessels will then be stamped with a Coast Guard identification number and periodically tested and examined in accordance with the requirements in 46 CFR 61.10-
5. (12) Marine Sanitation Devices. (a) All units must meet the provisions of 33 CFR Part 159, Coast Guard Marine Sanitation Devices Regulations. The discharge requirements are compatible with the OCS Orders of the U.S. Geological Survey. 4. Action. a. The owner of each existing certificated unit must provide the cognizant OCMI a proposed plan to accomplish the requirements in paragraph 3. c. of this NVIC within 60 days from the effective date of the regulations. Most items should be approved at the unit's next inspection for certification; however, where major equipment installations are concerned, the owner may be allowed up to two years to comply with the requirements from the time the OCMI completes his assessment of the proposals. b. Application for Original Inspection for Certification. Not later than sixty days from January 3, 1979, application for original inspection for certification of all existing uncertificated units, shall be submitted to the appropriate OCMI. The plans or descriptive data specified in paragraph 3.d(2) of this NVIC along with a proposed plan to bring the unit into compliance should, if possible, be submitted with the application for inspection. If not feasible to assemble all required information in this time frame, an estimated date of submittal shall be indicated on the application. Arrangements should be made to commence the original inspection for certification with due consideration for the unit's operating situation. c. To the extent possible the same inspection team will conduct the inspection of all existing uncertificated units in a geographical area. It may be advantageous to conduct the original inspection in conjunction with an impending special or periodic survey, drydocking or availability period. Units under construction will receive primary consideration by the OCMI for the allocation of time and personnel so that any problems can be identified while the unit is in the most advantageous situation to apply corrections. d. The variety of designs and arrangements presented by existing uninspected MODU's makes it impractical to prescribe detailed standards for all existing units. The procedures followed to implement this NVC must provide the necessary flexibility. Items which must be taken into consideration in applying this NVIC are listed below. Categorizing units into groups to which the same items apply will be of value during the inspection process. These items are: • Type • Builder • Model • Date build • Classed by ABS or other classification society • Load Line assignment • Operating history (including geographical areas) • Present location e. Issuance of the Original Certificate of Inspection. The intent of the original inspection of existing uncertificated units is to identify and commence correction of any unsafe conditions and/or equipment deficiencies and to issue the unit an original Certificate of Inspection. A reasonable period of time will be permitted to correct minor deficiencies. Those items directly affecting personnel safety and health will require immediate attention to correct the unsafe condition. Extensive deficiencies, such as those involving structural aspects or equipment may require up to two years to remedy. Additional times may be allowed if repair facilities are not available to coastal areas adjacent to the unit's area of operation. Where manifestly unsafe conditions are found, the OCMI may require that the unit discontinue operations until such conditions are corrected. If the owner or operator feels aggrieved by the decision of the OCMI, the appeals procedures of 46 CFR 2.01-70 are applicable. f. Questions concerning this NVIC should be referred to the Commandant (G-MOC). [CGD 73-251, 43 FR 56828, Dec. 4, 1978, as amended by CGD 96-041, 61 FR 50730, Sept. 27, 1996] 167
Part 147 – Hazardous Ships' Stores
Table Of Contents Subpart A–General Provisions Sec. 147.1 Purpose And Applicability. 147.3 Definitions. 147.5 Commandant (G-MSO); Address. 147.7 Incorporation By Reference. 147.8 OMB Control Numbers Assigned Pursuant To The Paperwork Reduction Act. 147.9 Waivers. 147.15 Hazardous Ships' Stores Permitted On Board Vessels. 147.30 Labeling. 147.33 Right Of Appeal. Subpart B–Stowage And Other Special Requirements For Particular Materials 147.35 Purpose Of Subpart. 147.40 Materials Requiring Commandant (G-MSO) Approval. 147.45 Flammable And Combustible Liquids. 147.50 Fuel For Cooking, Heating, And Lighting. 147.60 Compressed Gases. 147.65 Carbon Dioxide And Halon Fire Extinguishing Systems. 147.70 Acetylene. 147.85 Oxygen. 147.90 Refrigerants. 147.95 Explosives. 147.100 Radioactive Materials. 147.105 Anesthetics, Drugs, And Medicines. Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. [SOURCE: CGD 84-044, 53 FR 7749, Mar. 10, 1988, unless otherwise noted.] Subpart A – General Provisions §147.1 Purpose And Applicability. (a) This part prescribes regulations designating what hazardous materials may be on board vessels as ships' stores and prescribes requirements for the labeling, stowage, and use of those materials. (b) This part applies to all vessels listed in 46 U.S.C. 3301 as subject to inspection under part B of 46 U.S.C. Subtitle II. On foreign vessels in the navigable waters of the United States, the Captain of the Port or District Commander may prohibit the unsafe use or stowage of hazardous ships' stores under 33 CFR 160.109. (c) All certifications previously issued by the Coast Guard under this part permitting the use of particular materials or products as ships' stores are null and void. §147.3 Definitions. As used in this part: Accommodation, control, or service spaces means living quarters, including walkways, dining rooms, galleys, pantries, lounges, lavatories, cabins, staterooms, offices, hospitals, cinemas, and game and hobby rooms; areas containing controls for equipment and navigation; workshops, other than those forming part of machinery spaces; and store rooms adjacent to these spaces. Combustible liquid means combustible liquid as the term is defined in 49 CFR 173.120(b). Compressed gas means compressed gas as the term is defined in 49 CFR 173.115. Consumer commodity means a commodity, such as a polish, insecticide, cleaning compound, or distillate, that is packaged and distributed in a form and quantity intended for sale through retail sales establishments. Flammable liquid means flammable liquid as the term is defined in 49 CFR 173.120(a). Hazardous material means hazardous material as the term is defined in 49 CFR 171.8. Hazardous ships' stores means ships' stores that are hazardous materials. Proper shipping name means the name of the hazardous ships' stores shown in Roman print (not in italics) in 49 CFR 172.101. Ships' stores means materials which are on board a vessel for the upkeep, maintenance, safety, operation, or navigation of the vessel (except for fumigants under part 147A of this chapter, for fuel and compressed air used for the vessel's primary propulsion machinery, or for fixed auxiliary equipment) or for the safety or comfort of the vessel's passengers or crew. Technical name means the recognized chemical name used in scientific or technical publications. [CGD 84-044, 53 FR 7749, Mar. 10, 1988, as amended by CGD 97-057, 62 FR 51048, Sept. 30, 1997] §147.5 Commandant (G-MSO); Address. Commandant (G-MSO) is the Office of Operating and Environmental Standards, Marine Safety, Security and Environmental Protection. The address is Commandant (G-MSO), U.S. Coast Guard Headquarters, Washington, DC 20593-0001, and the telephone number is (202) 372-1401. [CGD 96-041, 61 FR 50731, Sept. 27, 1996] §147.7 Incorporation By Reference. (a) In this part, portions or the entire text of certain standards and specifications are incorporated by reference as the governing requirements for materials, equipment, tests, or procedures to be followed. These standards and specification requirements specifically referred to in this part are the governing requirements for the subject matters covered, unless specifically limited, modified, or replaced by the regulations. (b) These materials are incorporated by reference into this part under 5 U.S.C. 552(a) with the approval of the Director of the Federal Register. The Office of the Federal Register publishes a table, "Material Approved for Incorporation by Reference," which appears in the Finding Aids section of this volume. To enforce any edition other than the one listed in paragraph (c) of this section, notice of the change must be published in the FEDERAL REGISTER and the material made available. All approved material is on file at the Office of the Federal Register Information Center, 800 North Capitol Street, NW., suite 700, Washington, DC and at U.S. Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001. Copies may be obtained from the sources indicated in paragraph (c) of this section. (c) The materials approved for incorporation by reference in this part are: American Boat and Yacht Council, Inc. (ABYC), 3069 Solomons Island Road, Edgewater, MD 21037 ABYC H-25-81–Portable Fuel Systems and Portable Containers 168
for Flammable Liquids, May 12, 1981. American Society of Heating, Refrigerating, and Air-
Conditioning Engineers, Inc. (ASHRAE), Publication Sales Department, 1791 Tullie Circle, NE, Atlanta, GA 30329 ANSI/ASHRAE 34-78–Number Designation of Refrigerants, approved 1978. Public Health Service, Department of Health and Human Services (DHHS), Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 DHHS Publication No. (PHS) 84-2024–The Ship's Medicine Chest and Medical Aid at Sea, revised 1984. Underwriters Laboratories, Inc. (UL), 12 Laboratory Drive, Research Triangle Park, NC 27709-3995 UL 30–Standard for Metal Safety Cans, 7th Ed., March 11, 1985, revised March 12, 1985 and March 3, 1987. UL 1185–Standard for Portable Marine Fuel Tanks, Second Edition, March 13, 1978, revised July 6, 1984. UL 1313–Standard for Nonmetallic Safety Cans for Petroleum Products, 1st Ed., March 15, 1982, revised January 3, 1984 and March 22, 1985. UL 1314–Standard for Special-Propose Containers, 1st Ed., July 7, 1983, revised February 7, 1984 and September 23, 1986. [CGD 84-044, 53 FR 7749, Mar. 10, 1988, as amended by CGD 97-057, 62 FR 51048, Sept. 30, 1997; USCG-1999-6216, 64 FR 53227, Oct. 1, 1999] §147.8 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. §147.9 1625-0034 §147.30 1625-0034 §147.40 1625-0034 §147.60(c)(2) 1625-0034 [CGD 88-072, 53 FR 34298, Sept. 6, 1988; 88-072, 53 FR 37570, Sept. 27, 1988] §147.9 Waivers. (a) Any requirement in this part may be waived on a case by case basis if it is determined by Commandant (G-MSO) that the requirement is impracticable under the circumstances and that an acceptable level of safety can be maintained. (b) Requests for issuance of a waiver must be in writing and contain a detailed explanation of– (1) Why the requirement is impracticable; and (2) What measures will be taken to maintain an acceptable or equivalent level of safety. [CGD 84-044, 53 FR 7749, Mar. 10, 1988, as amended by CGD 95-072, 60 FR 50465, Sept. 29, 1995; CGD 96-041, 61 FR 50731, Sept. 27, 1996] §147.15 Hazardous Ships' Stores Permitted On Board Vessels. Unless prohibited under subpart B of this part, any hazardous material may be on board a vessel as ships' stores if the material– (a) Is labeled according to §147.30; and (b) Meets the requirements, if any, in subpart B of this part applicable to the material. §147.30 Labeling. (a) Except as provided in paragraph (b) of this section, all immediate receptacles, containers, or packages containing hazardous ships' stores must be labeled in English with the following information concerning the contents: (1) Technical name or proper shipping name. (2) For hazardous ships' stores other than liquid fuels, manufacturer's or supplier's name and address. (3) Hazard classification under 49 CFR 172.101, 173.2, and 173.2(a). (4) For hazardous ships' stores other than liquid fuels, step by step procedures for proper use. (5) First aid instructions in the event of personnel contact, including antidotes in the event of ingestion. (6) Stowage and segregation requirements. (b) Hazardous ships' stores that are consumer commodities labeled in accordance with the Federal Hazardous Substances Act Regulations in 26 CFR part 1500 need not be labeled as specified in paragraph (a) of this section. [CGD 84-044, 53 FR 7749, Mar. 10, 1988, as amended by CGD 97-057, 62 FR 51048, Sept. 30, 1997] §147.33 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 subpart 1.03 of this chapter. [CGD 88-033, 54 FR 50381, Dec. 6, 1989; 55 FR 21386, May 24, 1990] Subpart B–Stowage And Other Special Requirements For Particular Materials §147.35 Purpose Of Subpart. This subpart prescribes special requirements applicable to particular, named materials. These requirements are in addition to the general requirements in subpart A applicable to those materials. §147.40 Materials Requiring Commandant (G-MSO) Approval. (a) Commandant (G-MSO) approval is required before the following hazardous materials may be on board a vessel as ships' stores: (1) Poison gases of Class 2, Division 2.3 and toxic liquids of Class 6, Division 6.1 which are poisonous by inhalation in Hazard Zone A. (2) Explosives of Divisions 1.1 or 1.2. (3) Flammable gases, other than those addressed specifically in this subpart. (4) Forbidden materials listed in 49 CFR 172.101. 169
(b) Request for approval must be submitted to the Commandant (G-MSO), identify the material, and explain the need for its use. (c) Upon approval, the material is added to the list of materials approved under this section. A copy of this list is available from the Commandant (G-MSO) at the address in §147.5. [CGD 84-044, 53 FR 7749, Mar. 10, 1988, as amended by CGD 95-072, 60 FR 50465, Sept. 29, 19955; CGD 96-041, 61 FR 50731, Sept. 27, 1996; CGD 97-057, 62 FR 51048, Sept. 30, 1997] §147.45 Flammable And Combustible Liquids. (a) This section applies to the stowage and transfer of flammable and combustible liquids (including gasoline and diesel oil), other than liquids used as fuel for cooking, heating, and lighting under §147.50. (b) No flammable or combustible liquids may be stowed in any accommodation, control, or service space (other than a paint locker). (c) No more than 19 liters (five gallons) of flammable liquids may be stowed in any machinery space. The flammable liquids must be in containers of 3.8 liters (one gallon) or less. (d) No more than 208 liters (55 gallons) of combustible liquids may be stowed in any machinery space. (e) An aggregate of more than 7.6 liters (two gallons) of flammable or combustible liquids stowed outside of an accommodation, control, or service, space (other than a paint locker) or outside of a machinery space must be stowed in a paint locker that is marked with a warning sign indicating flammable or combustible liquid storage. (f) Flammable and combustible liquids used as fuel for portable auxiliary equipment must be stored in– (1) Integral tanks that form part of the vessel's structure; (2) An independent tank meeting the requirements of subpart 58.50 of Part 58 of this chapter; (3) A non-bulk packaging authorized for Class 3 (flammable) liquids or combustible liquids under 49 CFR 173.201, 173.202, or 173.203, as referenced for the specific liquid in column 8B of the Hazardous Materials Table of 49 CFR 172.101. (4) A portable outboard fuel tank meeting the specifications of ABYC H-25-81 or one identified by Underwriters Laboratories as meeting the specifications of UL 1185; (5) A portable safety container identified by Underwriters Laboratories as meeting the specifications of UL 30 or UL 1313; or (6) A portable safety container identified by Underwriters Laboratories as meeting the requirements of UL 1314. (g) Each portable container of flammable or combustible liquid used for portable auxiliary equipment must be stowed in a paint locker or an open location designated by the master. (h) Fuel tanks for portable auxiliary equipment using flammable or combustible liquids may only be refilled on a vessel– (1) By using a container described in paragraph (f)(2), (f)(3), or (f)(5) of this section which has a capacity not exceeding 23 liters (6 gallons); or (2) In the case of portable outboard fuel tanks described in paragraph (f)(4) of this section, in accordance with paragraph (i) of this section. (i) Portable containers or portable outboard fuel tanks may be refilled from a larger container of flammable or combustible liquid on the weather deck of a vessel, other than a small passenger vessel subject to Subchapter T of this chapter, provided that– (1) A drip pan of adequate size is used to collect any drippings; and (2) At least one Coast Guard approved Type B, Size I, fire extinguisher is within three meters (9.75 feet) of the refilling location. [CGD 84-044, 53 FR 7749, Mar. 10, 1988, as amended by CGD 92-100, 59 FR 17001, Apr. 11, 1994; CGD 97-057, 62 FR 51048, Sept. 30, 1997] §147.50 Fuel For Cooking, Heating, And Lighting. (a) Flammable and combustible liquids and gases not listed in this section are prohibited for cooking, heating, or lighting on any vessel, with the exception of combustible liquids on cargo vessels. (b) Fluid alcohol is prohibited for cooking, heating, or lighting on ferry vessels. Fluid alcohol burners, where wet primed, must have a catch pan not less than 3/4 of an inch deep secured inside of the frame of the stove or have the metal protection under the stove flanged up 3/4 of an inch to form a pan. (c) Containers of solidified alcohol must be secured on a fixed base. (d) Liquefied or non-liquefied gas is prohibited for cooking, heating, and lighting on ferry vessels, but may be used on other inspected vessels if the system in which it is used meets the applicable requirements of subpart 58.16 or subpart 184.05 of this chapter, as appropriate, or is approved by the Commandant (G-
MSE). (e) Kerosene and commercial standard fuel oil No. 1, No. 2, and No. 3 are prohibited for cooking, heating, or lighting on ferry or passenger vessels, unless the following conditions are met: (1) Pressure or gravity feed must be used. (2) Where wet priming is used in a cooking device, the device must have a catch pan not less than three fourths of an inch deep secured inside the frame of the device or a metal protector under the device with a least a three fourths inch flange to form a pan. (3) Where wet priming is used, a non-flammable priming liquid must be used. (4) Fuel tanks for fixed stoves must be separated from the stove and mounted in a location open to the atmosphere or mounted inside a compartment with an outside fill and vent. (5) Fuel lines must have an easily accessible shut-off valve at the tank. (6) If the fuel tank is outside of a stove compartment, a shut-off valve must be fitted at the stove. [CGD 84-044, 53 FR 7749, Mar. 10, 1988, as amended by CGD 83-013, 54 FR 6402, Feb. 10, 1989; CGD 95-072, 60 FR 50465, Sept. 29, 1995; CGD 96-041, 61 FR 50731, Sept. 27, 1996] §147.60 Compressed Gases. (a) Cylinder requirements. Cylinders used for containing hazardous ships' stores that are compressed gases must be– (1) Authorized for the proper shipping name of the gas in accordance with 49 CFR 172.101 and 49 CFR part 173; (2) Constructed in accordance with subpart C of 49 CFR part 178 170
or exempted under 49 CFR part 107; (3) Filled, marked, and inspected in accordance with 49 CFR 173.301 through 173.308; and (4) Except as provided in §147.65, maintained and retested in accordance with 49 CFR 173.34 (b) Stowage and care of cylinders. (1) Cylinders must always be secured and, when not in use, they must be stowed in a rack in an upright position, with the valve protection cap in place. (2) Lockers or housings must be vented to the open air near the top and bottom for positive circulation of vapors. (3) Cylinders must be protected from all sources of heat which may cause the cylinders to be heated to a temperature higher than 130°F. (c) Pressure vessels other than cylinders. Pressure vessels, other than cylinders subject to paragraph (a) of this section, used for containing ships' stores that are compressed gases must– (1) Be constructed and inspected in accordance with part 54 of this chapter; and (2) Carry only nitrogen or air, unless permission is granted by Commandant (G-MSO) to do otherwise. [CGD 84-044, 53 FR 7749, Mar. 10, 1988, as amended by CGD 95-072, 60 FR 50465, Sept. 29, 19955; CGD 96-041, 61 FR 50731, Sept. 27, 1996] §147.65 Carbon Dioxide And Halon Fire Extinguishing Systems. (a) Carbon dioxide or halon cylinders forming part of a fixed fire extinguishing system must be retested, at least, every 12 years. If a cylinder is discharged and more than five years have elapsed since the last test, it must be retested before recharging. (b) Carbon dioxide or halon cylinders must be rejected for further service when they– (1) Leak; (2) Are dented, bulging, severely corroded, or otherwise in a weakened condition; (3) Have lost more than five percent of their tare weight; or (4) Have been involved in a fire. (c) Cylinders which have contained carbon dioxide or halon and have not been tested within five years must not be used to contain another compressed gas on board a vessel, unless the cylinder is retested and re-marked in accordance with §147.60(a)(3) and (a)(4). (d) Flexible connections between cylinders and distribution piping of semi-portable or fixed carbon dioxide fire extinguishing systems and discharge hoses in semi-portable carbon dioxide fire extinguishing systems must be renewed or tested at a pressure of 6.9 MPa (1000 psig). At test pressure, the pressure must not drop at a rate greater than 1.03 MPa (150 psi) per minute for a two minute period. The test must be performed when the cylinders are retested. (e) Flexible connections between cylinders and distribution piping of fixed halon fire extinguishing systems must be tested at a pressure of one and one-half times the cylinder service pressure as marked on the cylinder. At test pressure, the pressure must not drop at a rate greater than 1.03 MPa (150 psi) per minute for a two minute period. The test must be performed when the cylinders are retested. §147.70 Acetylene. (a) Seventeen cubic meters (600 standard cubic feet) or less of acetylene may be stowed on or below decks on any vessel. (b) More than 17 m3 (600 standard cubic feet) of acetylene may be on board a vessel engaged in industrial operations, if it is stowed on deck. §147.85 Oxygen. (a) Eighty five cubic meters (3000 standard cubic feet) or less of oxygen may be on board any vessel. (b) More than 85 m3 (3000 standard cubic feet) of oxygen may be on board a vessel engaged in industrial operations, if it is stowed on deck or in a well ventilated space. §147.90 Refrigerants. (a) Only refrigerants listed in ANSI/ASHRAE 34-78 may be carried as ships' stores. (b) Refrigerants contained in a vessel's operating system are not considered as being carried as ship's stores. §147.95 Explosives. (a) Explosives–general. Except as provided for elsewhere in this subchapter, explosives, as defined in 49 CFR 173.50, which are hazardous ships' stores must be stowed in a magazine which is constructed and located in accordance with 49 CFR 176.122 through 176.138. (b) Small arms ammunition. (1) No person shall bring, have in their possession, or use on board a vessel any small arms ammunition, except by express permission of the master of the vessel. (2) All small arms ammunition must be stowed in a locked metal magazine or locker. The key to the locker must be kept in the possession of the master or a person designated by the master. (c) Ships' signals and emergency equipment. (1) Explosive ships' signals and emergency equipment, including pyrotechnic distress signals and line throwing equipment, must be stowed in watertight containers or wood lined magazine chests. (2) All pyrotechnic distress signals, rockets, and line throwing guns must be stowed in accordance with the requirements of 49 CFR 176.140 through 176.146. [CGD 84-044, 53 FR 7749, Mar. 10, 1988, as amended by CGD 92-100, 59 FR 17001, Apr. 11, 1994; CGD 97-057, 62 FR 51048, Sept. 30, 1997] §147.100 Radioactive Materials. (a) Radioactive materials must not be brought on board, used in any manner, or stored on the vessel, unless the use of the materials is authorized by a current license issued by the Nuclear Regulatory Commission (NRC) under 10 CFR parts 30 and 34. (b) Stowage of radioactive materials must conform to the requirements of the NRC license. §147.105 Anesthetics, Drugs, And Medicines. Anesthetics, drugs, and medicines must be stowed and dispensed in accordance with the DHHS Publication No. (PHS) 84-2024.
171
Part 147A–Interim Regulations For Shipboard Fumigation Table Of Contents GENERAL Sec. 147A.1 Purpose. 147A.3 Applicability. 147A.5 General Requirement. 147A.6 Right Of Appeal 147A.7 Definitions. 147A.9 Persons In Charge Of Fumigation And The Vessel; Designation. 147A.10 Notice To Captain Of The Port. BEFORE FUMIGATION 147A.11 Person In Charge Of Fumigation; Before Fumigation. 147A.13 Person In Charge Of The Vessel; Before Fumigation. DURING FUMIGATION 147A.21 Person In Charge Of Fumigation; During Fumigation. 147A.23 Person In Charge Of Vessel; During Fumigation. 147A.25 Entry. AFTER VENTILATION 147A.31 Removal Of Fumigation Material And Warning Signs. SPECIAL REQUIREMENTS FOR FLAMMABLE FUMIGANTS 147A.41 Person In Charge Of Fumigation; Flammable Fumigants. 147A.43 Other Sources Of Ignition; Flammable Fumigants. Authority: 46 U.S.C. 5103; Department of Homeland Security Delegation No. 0170.1. [SOURCE: CGD 74-144, 39 FR 32998, Sept. 13, 1974, unless otherwise noted.] General §147A.1 Purpose. The purpose of this part is to prescribe the requirements for shipboard fumigation that are critical for the health and safety of the crew and any other person who is on board a vessel during fumigation. These are interim rules pending further study and promulgation of comprehensive regulations on shipboard fumigation. §147A.3 Applicability. This part prescribes the rules for shipboard fumigation on vessels to which 49 CFR parts 171-179 apply under 49 CFR 176.5. [CGD 86-033, 53 FR 36026, Sept. 16, 1988] §147A.5 General Requirement. No person may cause or authorize shipboard fumigation contrary to the rules in this part. §147A.6 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 subpart 1.03 of this chapter. [CGD 88-033, 54 FR 50381, Dec. 6, 1989] §147A.7 Definitions. As used in this part: (a) Qualified person means a person who has experience with the particular fumigant or knowledge of its properties and is familiar with fumigant detection equipment and procedures, or an applicator who is certified by the Environmental Protection Agency if his certification covers the fumigant that is used. (b) Fumigant means a substance or mixture of substances that is a gas or is rapidly or progressively transformed to the gaseous state though some nongaseous or particulate matter may remain in the space that is fumigated. (c) Fumigation means the application of a fumigant on board a vessel to a specific treatment space. §147A.9 Persons In Charge Of Fumigation And The Vessel; Designation. (a) The person, including any individual, firm, association, partnership, or corporation, that is conducting a fumigation operation shall designate a person in charge of fumigation for each operation. (b) The operator of each vessel shall designate a person in charge of the vessel for each fumigation operation. §147A.10 Notice To Captain Of The Port. Unless otherwise authorized by the Captain of the Port, at least 24 hours before fumigation the operator of the vessel shall notify the Coast Guard Captain of the Port, for the area where the vessel is to be fumigated, of the time and place of the fumigation, and the name of the vessel that is to be fumigated. Before Fumigation §147A.11 Person In Charge Of Fumigation; Before Fumigation. (a) The person in charge of fumigation shall notify the person in charge of the vessel of: (1) The space that is to be fumigated; (2) The name, address, and emergency telephone number of the fumigation company; (3) The dates and times of fumigation; (4) The characteristics of the fumigant; (5) The spaces that are determined to be safe for occupancy paragraph (b)(1)(i) of this section; (6) The maximum allowable concentration of fumigant in spaces, if any, that are determined to be safe for occupancy under paragraph (b)(1)(i) of this section; (7) The symptoms of exposure to the fumigant; and (8) Emergency first aid treatment for exposure to the fumigant. (b) The person in charge of fumigation shall ensure that: (1) A marine chemist or other qualified person who has knowledge of and experience in shipboard fumigation evaluates the vessel's construction and configuration and determines: (1)(i) Which spaces, if any, are safe for occupancy during fumigation; and (1)(ii) The intervals that inspections must be made under §147A.21(a)(1); 172
(2) No persons or domestic animals are in the space that is to be fumigated or the spaces that are designated as unsafe for occupancy under paragraph (b)(1)(i) of this section; (3) There is proper and secure sealing to confine the fumigant to the space that is to be fumigated, including blanking off and sealing any ventilation ducts and smoke detectors; (4) The personal protection and fumigation detection equipment for the fumigant that is to be used is on board the vessel; (5) Warning signs are: (5)(i) Posted upon all gangplanks, ladders, and other points of access to the vessel; (5)(ii) Posted on all entrances to the spaces that are designated as unsafe for occupancy under paragraph (b)(1)(i) of this section; and (5)(iii) In accordance with 49 CFR 173.9(c) or section 8.10 of the General Introduction of the International Maritime Dangerous Goods Code. The word "unit" on the warning sign may be replaced with "vessel," "barge," "hold," or "space," as appropriate. (6) Watchmen are stationed at all entrances to: (6)(i) Spaces that are not determined to be safe for occupancy under paragraph (b)(1)(i) of this section; or (6)(ii) The vessel, if no spaces are determined to be safe for occupancy under paragraph (b)(1)(i) of this section. [CGD 74-144, 39 FR 32998, Sept. 13, 1974; 39 FR 37771, Oct. 24, 19745; CGD 96-041, 61 FR 50731, Sept. 27, 1996; CGD 97-
057, 62 FR 51048, Sept. 30, 1997] §147A.13 Person In Charge Of The Vessel; Before Fumigation. (a) After notice under §147A.11(a)(5), the person in charge of the vessel shall notify the crew and all other persons on board the vessel who are not participating in the fumigation of the spaces that are determined to be safe for occupancy under §147A.11(b)(1)(i). (b) If no spaces are determined to be safe for occupancy under §147A.11(b)(1)(i), the person in charge of the vessel shall ensure that the crew and all persons who are not participating in the fumigation leave the vessel and remain away during fumigation. DURING FUMIGATION §147A.21 Person In Charge Of Fumigation; During Fumigation. (a) Until ventilation begins, or until the vessel leaves port, the person in charge of fumigation shall ensure that a qualified person inspects the vessel as follows: (1) He must use detection equipment for the fumigant that is used to ensure that the fumigant is confined to: (1)(i) The space that is fumigated, if partial occupancy is allowed under §147A.11(b)(1)(i); or (1)(ii) The vessel, if no space is determined to be safe for occupancy under §147A.11(b)(1)(i). (2) He must make inspections at the intervals that are determined to be necessary by the marine chemist or qualified person under §147A.11(b)(1)(ii). (b) If leakage occurs, the person in charge of fumigation shall: (1) Notify the person in charge of the vessel that there is leakage; (2) Ensure that all necessary measures are taken for the health and safety of any person; and (3) Notify the person in charge of the vessel when there is no danger to the health and safety of any person. (c) After the exposure period, if the vessel is in port, the person in charge of fumigation shall ensure that fumigators or other qualified persons ventilate the space that is fumigated as follows: (1) Hatch covers and vent seals must be removed, other routes of access to the atmosphere must be opened, and if necessary, mechanical ventilation must be used. (2) Personal protection equipment that is appropriate for the fumigant that is used must be worn. (d) If ventilation is completed before the vessel leaves port, the person in charge of fumigation shall: (1) Ensure that a qualified person, who is wearing the personal protection equipment for the fumigant that is used if remote detection equipment is not used, tests the space that is fumigated and determines if there is any danger to the health and safety of any person, including a danger from fumigant that may be retained in bagged, baled, or other absorbent cargo; (2) Notify the person in charge of the vessel of this determination; and (3) If it is determined that there is a danger: (3)(i) Ensure that all measures are taken that are necessary for the health and safety of all persons; and (3)(ii) Notify the person in charge of the vessel when there is no danger to the health and safety of any person. §147A.23 Person In Charge Of Vessel; During Fumigation. (a) The person in charge of the vessel shall ensure that the crew and all other persons on board the vessel who are not participating in the fumigation restrict their movement during fumigation to the spaces that are determined to be safe for occupancy under §147A.11(b)(1)(i). (b) The person in charge of the vessel shall ensure that the crew and all other persons who are not participating in the fumigation follow any instructions of the person in charge of fumigation that are issued under §147A.21(b)(2) or (d)(3)(i) and that the vessel does not leave port if he is notified under: (1) Section 147A.21(b)(1) that there is leakage, unless the person in charge of fumigation notifies him under §147A.21(b)(3) of this subpart that there is no danger; or (2) Section 147A.21(d)(2) that there is a danger after ventilation, unless the person in charge of the fumigation notifies him under §147A.21(d)(3)(ii) that there is no danger. (c) If fumigation is not completed before the vessel leaves port, the person in charge of the vessel shall ensure that personal protection and fumigant detection equipment for the fumigant that is used is on board the vessel. (d) If the vessel leaves port before fumigation is completed, the person in charge of the vessel shall ensure that a qualified person makes periodic inspections until ventilation is completed and this person shall use detection equipment for the fumigant that is used to determine if: (1) There is leakage of fumigant; or (2) There is a concentration of fumigant that is a danger to the health and safety of any person. 173
(e) If the qualified person determines under paragraph (d) of this section that there is leakage or a concentration of fumigant that is a danger to the health and safety of any person, the person in charge of the vessel shall take all measures that are, in his discretion, necessary to ensure health and safety of all persons who are on board the vessel. If the danger is due to leakage, he shall also ensure that qualified persons immediately ventilate in accordance with paragraphs (c)(1) and (2) of §147A.21. (f) If the vessel leaves port during the exposure period, the person in charge of the vessel shall ensure that the space that is fumigated is ventilated by qualified persons after the exposure period in accordance with paragraphs (c)(1) and (2) of §147A.21. (g) If ventilation is completed after the vessel leaves port, the person in charge of the vessel shall ensure that a qualified person, who is wearing the personal protection equipment for the fumigant that is used if remote detection equipment is not used, tests the space that is fumigated to determine if there is a danger to the health and safety of any person, including a danger from fumigant that may be retained in bagged, baled, or other absorbent cargo. If the qualified person determines that there is a danger, the person in charge of the vessel shall take all measures that are, in his discretion, necessary to ensure the health and safety of all persons who are on board the vessel. §147A.25 Entry. (a) No person may enter the spaces that immediately adjoin the space that is fumigated during fumigation unless entry is for emergency purposes or the space is tested and declared safe for human occupancy by a marine chemist or other qualified person and is inspected under §147A.21(a)(2) or §147A.23(d). (b) If entry is made for emergency purposes: (1) No person may enter the space that is fumigated or any adjoining spaces during fumigation unless he wears the personal protection equipment for the fumigant that is in use; (2) No person may enter the space that is fumigated unless the entry is made by a two person team; and (3) No person may enter the space that is fumigated unless he wears a lifeline and safety harness and each life-line is tended by a person who is outside the space and who is wearing the personal protection equipment for the fumigant that is in use. After Ventilation §147A.31 Removal Of Fumigation Material And Warning Signs. After ventilation is completed and a marine chemist or other qualified person determines that there is no danger to the health and safety of any person under §147A.21(d) or §147A.23(g), the person in charge of fumigation, or, if the vessel has left port, the person in charge of the vessel, shall ensure that all warning signs are removed and fumigation containers and materials are removed and disposed of in accordance with the manufacturer's recommendations. Special Requirements for Flammable Fumigants §147A.41 Person In Charge Of Fumigation; Flammable Fumigants. (a) The person in charge of fumigation shall ensure that: (1) Before the space that is to be fumigated is sealed, it is thoroughly cleaned, and all refuse, oily waste, and other combustible material is removed; (2) Before fumigation, all fire fighting equipment, including sprinklers and fire pumps, is in operating condition; and (3) Before and during fumigation, electrical circuits that are in the space that is fumigated are de-energized. (b) [Reserved] §147A.43 Other Sources Of Ignition; Flammable Fumigants. While the space that is fumigated is being sealed or during fumigation, no person may use matches, smoking materials, fires, open flames, or any other source of ignition in any spaces that are not determined to be safe for occupancy under §147A.11(b)(1)(i). 174
Part 148 – Carriage Of Solid Hazardous Materials In Bulk
Table Of Contents Subpart 148.01—General Sec. 148.01-1 Purpose And Applicability. 148.01-7 Permitted Cargoes. 148.01-9 Filing Of Special Petition For Special Permit. 148.01-11Special Permits; Standard Conditions. 148.01-13Assignment And Certification. 148.01-15Right Of Appeal. Subpart 148.02–Vessel Requirements 148.02-1 Shipping Papers. 148.02-3 Dangerous Cargo Manifest. 148.02-5 Report Of Hazardous Materials Incidents. Subpart 148.03–Minimum Transportation Requirements 148.03-1 General. 148.03-3 Direction And Observation. 148.03-5 Prior To Loading. 148.03-7 During Transport. 148.03-11Stowage Conditions. 148.03-13Completion Of Off-Loading. Subpart 148.04–Special Additional Requirements For Certain Materials 148.04-1 Radioactive Material, Low Specific Activity (LSA). 148.04-9 Fishmeal Or Scrap, Ground Or Pelletized; Fishmeal Or Scrap, Ground And Pelletized (Mixture). 148.04-13Ferrous Metal Borings, Shavings, Turnings Or Cuttings (Excluding Stainless Steel). 148.04-15Petroleum Coke, Uncalcined; Petroleum Coke, Uncalcined And Calcined (Mixture). 148.04-17Petroleum Coke, Calcined, At 130°F Or Above. 148.04-19Tankage, Garbage Or Rough Ammoniate, Solid. 148.04-20Sulfur. 148.04-21Coconut Meal Pellets (Also Known As Copra Pellets). 148.04-23Unslaked Lime In Bulk. Authority: 49 U.S.C. 5103; Department of Homeland Security Delegation No. 0170.1. [SOURCE: CGD 83-067a, 49 FR 16794, Apr. 20, 1984, unless otherwise noted.] Subpart 148.01 – General §148.01-1 Purpose And Applicability. (a) This part prescribes regulations under which bulk solid hazardous materials may be transported. Each master, person in charge of the vessel, owner, charterer and agent shall ensure compliance with this part and communicate the requirements of this part to every person performing any function covered by this part. Each person involved in the transportation of bulk solid hazardous materials shall comply with the requirements of this part within the scope of his job responsibilities. (b) For the purposes of this part, the term bulk applies only to cargoes transported on board cargo vessels or barges without mark or count and which are to be directly loaded into the holds of such vessels or barges without containers or wrappers. (c) For purposes of this part, the term vessel means a "cargo vessel or barge" which is not exempted under 49 U.S.C. 5107(d). (d) For the purposes of this part, the term transported includes the various operations associated with the cargo transportation such as, loading, off-loading, handling, storing, stowing, carrying, conveying, using, etc. (e) The term hazardous materials includes a number of specific classes, the definitions of which are contained in 49 CFR parts 170-189. [CGD 83-067a, 49 FR 16794, Apr. 20, 1984, as amended by CGD 95-028, 62 FR 51208, Sept. 30, 1997] §148.01-7 Permitted Cargoes. (a) The solid hazardous materials cargoes listed here may be transported in bulk on board vessels if they comply with the regulations in this part. Unlisted cargoes may be transported only if express authority is given by the Commandant in accordance with §148.01-9 of this subpart. 175
[NOTE: Definitions of hazard classes of hazardous materials are found in 49 CFR 171.8 and 49 CFR 173.500.] (b) A mixture or blend of two or more cargoes, one or more of which is listed in paragraph (a) of this section, will be treated as an unlisted cargo and specific authorization by the Commandant, in accordance with §148.01-9, for shipment in bulk is required. §148.01-9 Filing Of Special Petition For Special Permit. (a) A petition for authorization to transport an unlisted cargo or to use alternative procedures must be submitted to the U.S. Coast Guard (G-MSO), Washington, DC 20593, and must contain the following minimum information: (1) The regulatory provisions involved. (2) The justification for the proposed shipments or alternative procedure, including any reasons why the current regulations are not appropriate, why the public interest would be served by the 176
proposal, and the basis upon which the proposal would provide an equivalent degree of safety to those shipments conducted in accordance with the current regulations. (3) A detailed description of the proposal, including when appropriate, drawings, plans, calculations, procedures, test results, previous approvals or permits, and any other supporting information. (4) The chemical name, common name, hazard classification for properties (chemical and physical), and characteristics of the materials covered by the proposal, including composition and ingredient percentages (specified by weight) if a mixture. (5) Any relevant shipping or accident experience. (6) A description of the vessel or vessels to be employed for the shipments and the U.S. ports to be involved. (7) A statement or recommendation regarding any changes to the regulations which would be desirable to obviate the need for similar permission from the Commandant. (b) Unless there is a good reason for priority treatment, each proposal is considered in the order in which it is received. To permit timely consideration, proposals should be submitted at least 45 days before the requested effective date. [CGD 83-067a, 49 FR 16794, Apr. 20, 1984, as amended by CGD 95-072, 60 FR 50465, Sept. 29, 19955; CGD 96-041, 61 FR 50731, Sept. 27, 1996] §148.01-11 Special Permits; Standard Conditions. (a) Each person to whom a special permit is issued under the terms of §148.01-9 shall comply with all requirements of this part except as specifically provided by the terms of the special permit. (b) Unless otherwise specified in the special permit, each shipment made under special permit must comply with the following: (1) Each shipping paper issued and the dangerous cargo manifest prepared in connection with such shipment must bear the notation "CG Special Permit No. *" with the * to be filled in with the assigned special permit number. (2) Each person to whom a special permit is issued shall furnish a summary of experience to the U.S. Coast Guard (G-MSO), Washington, DC 20593, before the date of expiration of the permit and when any amendment to the special permit is requested. The information must include the number of shipments made, tonnage of each shipment, and what vessel's and U.S. Ports were involved. In addition, an immediate report must be submitted the U.S. Coast Guard (G-MSO) in the event of any casualty, accident, or damaging incident which occurs when transporting solid hazardous materials in bulk under the terms of a special permit. (b)(3) A copy of the special permit, kept current, and any amendments thereto, must be on board each vessel while transporting solid hazardous materials in bulk under the terms of a special permit. The special permit must be kept with the dangerous cargo manifest (§148.02-3). (c) Each permit is subject to suspension or revocation for cause by the U.S. Coast Guard before its expiration date. [CGD 83-067a, 49 FR 16794, Apr. 20, 1984, as amended by CGD 95-072, 60 FR 50465, Sept. 29, 19955; CGD 96-041, 61 FR 50731, Sept. 27, 1996] §148.01-13 Assignment And Certification. (a) The National Cargo Bureau, Inc., is authorized to assist the U.S. Coast Guard in administering the provisions contained in this part that are applicable to the transportation of solid hazardous materials in bulk on vessels with respect to: (1) Inspection of vessels for suitability for loading such materials in bulk; (2) Examination of stowage of such materials loaded in bulk on board vessels; (3) Making recommendations as to stowage requirements applicable to the transportation of such materials in bulk; and (4) Issuing of certificates of loading, setting forth that the stowage of such materials in bulk is in accordance with applicable regulations contained in this part. (b) Certificates of loading from the National Cargo Bureau, Inc., are accepted as evidence of compliance with the applicable provisions of this part with respect to the transportation of solid hazardous materials in bulk on board vessels. §148.01-15 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 subpart 1.03 of this chapter. [CGD 88-033, 54 FR 50381, Dec. 6, 1989] §148.02-1 Shipping Papers. (a) Carriers may not accept for transportation nor transport by vessel in bulk any solid hazardous materials listed in §148.01-7(a) of this part, unless the hazardous materials offered for such shipment is accompanied by a shipping paper on which the following information is shown: (1) The shipping name and hazard class of the hazardous material as listed in §148.01-7(a) of this part. (2) The quantity of the hazardous material to be transported. (3) The name and address of the U.S. shipper or his authorized representative. (4) A certification which bears the following statement, signed by the shipper or his authorized representative: "This is to certify that the above-named hazardous material is properly named, prepared, and otherwise in proper condition for bulk shipment by vessel in accordance with the applicable regulations of the U.S. Coast Guard". (b) For import shipments, the consignee shall advise the carrier or foreign shipper (consignor) of the applicable U.S. Coast Guard regulations. The carrier or foreign shipper (consignor) shall then furnish the information required in paragraph (a) of this section, as advised by the consignee, either on the shipping papers or dangerous cargo manifest. (c) The shipping paper required in paragraph (a) of this section must be kept on board the towing vessel along with the dangerous cargo manifest (§148.02-3 of this subpart) except when the shipment is by an unmanned barge in which case it may be kept on board the towing vessel. When an unmanned barge is moored, the shipping paper must remain on board the barge, in a readily retrievable location, such as a metal tube attached to the barge. §148.02-3 Dangerous Cargo Manifest. (a) Each vessel, except for unmanned barges, transporting solid hazardous materials in bulk under the terms of this part must have on board a dangerous cargo manifest, kept in a conspicuous place on or near the bridge house, on which the following information is entered: (1) Name of vessel and official number. (If the vessel has no 177
official number, the international radio call sign must be substituted.) (2) Nationality of vessel. (3) The name of the hazardous material as listed in §148.01-7(a) of this part. (4) The hold(s) in which the material is being transported. (5) The quantity of the material loaded in each hold. (6) Date and signature of Master of the vessel's owner or his authorized representative to acknowledge correctness of the dangerous cargo manifest. (b) [Reserved] §148.02-5 Report Of Hazardous Materials Incidents. In the event of an incident involving hazardous materials, an immediate report must be sent in accordance with 49 CFR 171.15. Subpart 148.03–Minimum Transportation Requirements §148.03-1 General. The regulations in this subpart apply to each bulk shipment of a solid hazardous material listed in §148.01-7 of this part. §148.03-3 Direction And Observation. Loading or off-loading of a solid hazardous material in bulk within the navigable waters of the U.S. must be conducted only under the direction and observation of a person assigned or employed for such duty by the vessel's master or owner or authorized representative. §148.03-5 Prior To Loading. Prior to loading any solid hazardous material in bulk on board a vessel: (a) Each hold must be thoroughly cleaned of all loose debris and dunnage; but permanent wooden battens or sheathing may remain in the hold; and (b) Each hold and each bilge of that hold must be dry. §148.03-7 During Transport. During the transport of a solid hazardous material in bulk, except for unmanned vessels, cargo shall be periodically inspected to ensure that there are no undetected increases in temperature in that cargo and that no other changes in the cargo are occurring that might affect the safety of his vessel and the results of these inspections shall be recorded in a log. §148.03-11 Stowage Conditions. (a) Other hazardous materials cargo must not be stowed in the same hold or on deck above a hold in which a solid hazardous material in bulk is loaded. (b) No explosive Class C, flammable liquid, flammable solid, flammable or nonflammable compressed gas, organic peroxide, or extremely dangerous poison may be stowed in any hold adjacent to a hold in which a solid hazardous material in bulk is loaded. (c) All explosive Class A and B materials must be stowed longitudinally at least one hold (or an equivalent longitudinal distance if on deck) from any hold in which hazardous material in bulk is loaded. (d) Combustible cargo must not be stowed in a hold in which a solid hazardous material in bulk is loaded. §148.03-13 Completion Of Off-Loading. Upon the completion of off-loading of a solid hazardous material in bulk, each hold must be thoroughly cleaned of all residue of such material. Subpart 148.04 – Special Additional Requirements for Certain Material §148.04-1 Radioactive Material, Low Specific Activity (LSA). (a) Authorized materials are limited to: (1) Uranium or thorium ores and physical or chemical concentrates of such ores; (2) Uranium metal, natural thorium metal and alloys of these metals; and (3) Material of low radioactive concentration, if the estimated radioactivity concentration dose not exceed 0.001 millicurie per gram and the contribution from Group I material (See title 49 CFR parts 170 to 189, inclusive) does not exceed 1 percent of the total radioactivity. (b) Each hold used for the transportation of any of these materials must be surveyed with appropriate radiation-detection instruments after the completion of off-loading. Such holds must not again be used for the transportation of any cargo until the radiation dose rate at any accessible surface is less than 0.5 millirem per hour and until there is no significant removable radioactive surface contamination according to 49 CFR 173.443. (c) Each hold or barge used for transportation of any of these materials must be effectively closed or covered to prevent dispersal of the material during transportation. §148.04-9 Fishmeal Or Scrap, Ground Or Pelletized; Fishmeal Or Scrap, Ground And Pelletized (Mixture). (a) The fishmeal or scrap, ground or pelletized and fishmeal or scrap, ground and pelletized mixture must contain at least 6 percent moisture by weight but not more than 12 percent moisture by weight. (b) The material must not contain more than 18 percent fat by weight. (c) At the time of production of the material, it must be treated with at least 400 ppm antioxidant (ethoxyquin); in the case where the material contains more than 12 percent fat by weight, it must be treated with at least 1000 ppm antioxidant (ethoxyquin) at the time of production. (d) Shipment of the material in bulk must take place within twelve months of the date of production. (e) The temperature of the material to be loaded must not, at the time of loading exceed 35°C (95°F), or 5°F above ambient temperature, whichever is greater. (f) The material must contain at least 100 ppm antioxidant (ethoxyquin) at the time of shipment. (g) Each shipment of the material in bulk must be accompanied by a statement in which the shipper certifies: (1) The moisture content of the material; (2) The fat content of the material; (3) The concentration of antioxidant (ethoxyquin) in the material in ppm at the time the material is loaded on a vessel in bulk; (4) Date and place of production of the material; and 178
(5) The physical state of the material (ground, pelletized, or mixture). (h) Temperature readings must be taken three times a day and recorded. If the temperature of the cargo exceeds 130°F and continues to increase, ventilation to the hold must be restricted. §148.04-13 Ferrous Metal Borings, Shavings, Turnings, Or Cuttings (Excluding Stainless Steel). (a) This section applies to the stowage and transportation in bulk of hazardous materials described as ferrous metal borings, shavings, turnings, or cuttings on board vessels (excluding stainless steel). However, unmanned barges on which the article is stowed for or transported on a voyage entirely on the navigable waters of the United States are exempt from the requirements of this section. Ferrous metal borings, shavings, turnings, or cuttings (excluding stainless steel) must not be stowed and transported in bulk unless the following conditions are met: (1) [Reserved] (2) All wooden sweat battens, dunnage and debris must be removed from the hold before the article is loaded. (3) During loading and transporting, the bilge of each hold in which the article is stowed or is to be stowed must be as dry as practicable. (4) During loading, the article must be compacted in the hold as frequently as practicable with a bulldozer or means that provide equivalent surface compaction. Upon completion of loading, the article must be trimmed to eliminate peaks or mounds and compacted. (5) Other cargo must not be loaded in a hold containing the article if: (5)(i) The cargo to be loaded in the same hold with the article is another hazardous material as defined in this part or a combustible material; (5)(ii) The loading of the article is not completed first; and (5)(iii) The temperature of the article in the hold is above 130°F or has increased within eight hours before loading of the other cargo. (6) During loading, the temperature of the article in the pile being loaded must be less than 130°F. (7) Upon completion of loading, the vessel may not leave the port unless: (7)(i) The temperature of each article in each hold is less than 150°F and, if the temperature of the article in a hold has been more than 150°F during loading, the temperature of each article has shown a downward trend below 150°F for at least eight hours after completion of loading of the hold; or (7)(ii) The vessel intends to sail directly to another port that is no further than twelve hours sailing time for the vessel concerned, for the purpose of loading more of the article in bulk or to completely off-load the article, and the temperature of the article is less than 190°F and has shown a downward trend for a least eight hours after completion of loading. (b) For the purposes of each temperature requirement of this section, the temperature of the article is the highest temperature taken between eight and fourteen inches below the surface at ten-
foot intervals over its length and width. (c) The master or person in charge of a vessel that is loading or transporting the article must ensure that the temperature of the article is taken: (1) Before loading; (2) During loading, in each hold and in the pile being loaded at least every twenty-four hours and, if the temperature is rising, as often as necessary to ensure the conditions in this section are met; and (3) After loading, in each hold at least every twenty-four hours. (d) During loading, if the temperature of the article in a hold is 200°F or higher, the master or person in charge of the vessel must notify the Coast Guard Captain of the Port and suspend loading until the temperature of the article is less than 190°F. (e) After loading: (1) If the temperature of the article is 150°F or above, the master or person in charge must notify the Captain of the Port and ensure that the vessel remains in the port area until the conditions of paragraph (a)(7)(i) of this section are met; or (2) In the case of a short-duration voyage to which paragraph (a)(7)(ii) of this section applies, if the temperature of the article in a hold is 190°F or above, the master or person in charge must notify the Captain of the Port and ensure that the vessel remains in the port area until the conditions of paragraph (a)(7)(ii) of this section are met. (f) Except for shipments of the article in bulk which leave the port of loading under the conditions specified in paragraphs (a)(7)(ii) of this section, after the vessel leaves the port, if the temperature of the article in the hold rises above 149°F, the master must notify the nearest Coast Guard Captain of the Port as soon as possible of: (1) The name, nationality, and position of the vessel; (2) The most recent temperature taken; (3) The length of time that the temperature has been above 149°F and the rate of rise, if any; (4) The port where the article was loaded and the destination of the article; (5) The last port of call of the vessel and its next port of call; (6) What action has been taken; and (7) Whether any other cargo is endangered. (g) To meet the conditions of this section, the master of a vessel that is transporting the article must ensure that each temperature taken is recorded. §148.04-15 Petroleum Coke, Uncalcined; Petroleum Coke, Uncalcined And Calcined (Mixture). The material at 130°F or above must not be loaded in bulk on any vessel. §148.04-17 Petroleum Coke, Calcined, At 130°F Or Above. (a) The requirements of this part do not apply to bulk shipments of petroleum coke, calcined, on any vessel when the material is less than 130°F. (b) The material must not be loaded in cargo vessels when temperatures exceed 225°F. (c) Other hazardous materials must not be stowed in any hold adjacent to any other containing this material except as provided in paragraph (d) of this section. (d) In holds over tanks containing fuel or material having a flashpoint under 200°F, a two-to-three foot layer of the material at 179
a temperature not greater than 110°F must be first loaded into that hold. Only then may the material at 130°F or above be loaded into that hold. (e) The loading of the material must be as follows: (1) For shipments in holds over fuel tanks, the loading of the two-
to-three foot layer of the material at a temperature not greater than 110°F (as required by paragraph (d) of this section) in these holds must be completed prior to the loading of the material at 130°F or above in any hold of the vessel. (2) Upon completion of the loading described in paragraph (e)(1) of this section, a two-to-three foot layer of the material at 130°F or above must first be loaded in each hold (including those holds, if any, already containing a layer of the material at a temperature not greater than 110°F) in which the material is to be loaded in accordance with this section. (3) Upon the completion of the loading of the two-to-three-foot layer of the material at 130°F or above in each hold, as required in paragraph (e)(2) of this section, the normal loading of the material at 130°F or above may proceed to completion. (f) Personnel must be warned by the Master of the vessel or his authorized representative that calcined petroleum coke loaded and transported under the terms of this section is hot and that injury due to burns is possible. §148.04-19 Tankage, Garbage Or Rough Ammoniate, Solid. (a) The material must contain at least 7 percent moisture by weight. (b) The material must not be loaded if the temperature in the material, before loading, exceeds 100°F. §148.04-20 Sulfur. (a) When sulfur is loaded in a deep hold with general cargo in the 'tween deck hold above the sulfur, a dust proof wooden bulkhead enclosure must be built in the hatchways from the over deck of the lower hold to the weather deck forming a tight enclosure capable of preventing sulfur dust from entering the 'tween decks during loading. (b) Ceiling must be made tight to prevent sulfur dust from entering the bilges; any chinking necessary in the way of tank tops or bilges must be made of noncombustible material. (c) Cowl ventilators serving the hold into which sulfur is being loaded or discharged must be opened to provide circulation of air. (d) No smoking is permitted on board the vessel and "No Smoking" signs must be conspicously posted. (e) If a metal chute is used it must be grounded using a flexible cable. (f) Upon completion of loading, the sulfur must be leveled off. Any decks, bulkheads, or overheads containing sulfur dust must be swept clean or washed down. (g) Other cargo, which is oxygen bearing, must not be stowed in the same hold with sulfur. (h) An oxygen breathing apparatus, or proper gas mask, must be made available. (i) A fire hose, preferably supplied with fresh water from a shore supply source, must be available at each hatch through which sulfur is being loaded. §148.04-21 Coconut Meal Pellets (Also Known As Copra Pellets). (a) Coconut meal pellets; (1) Must contain at least 6 percent and not more than 13 percent moisture and not more than 10 percent residual fat contents; (2) Must not be loaded if the temperature exceeds 120°F; (3) Must not be stowed within 4 feet of any bulkheads subject to artificial heat; and (4) Must not be overstowed with any other cargo. (b) A clear space of at least 1 foot must be provided between the top of the cargo and underside of deck beams. §148.04-23 Unslaked Lime In Bulk. (a) Unslaked lime in bulk must be transported in unmanned, all steel, double-hulled barges equipped with weathertight hatches or covers. The barge must not carry any other cargo while unslaked lime is on board. (b) The originating shipping order and transfer shipping paper requirement in §148.02-1 and the dangerous cargo manifest requirements in §148.02-3 do not apply to the transportation of unslaked lime under paragraph (a) of this section. 180
Part 150–Compatibility Of Cargoes Table Of Contents Sec. 150.110 Applicability. 150.115 Definitions. 150.120 Definition Of Incompatible Cargoes. 150.130 Loading A Cargo On Vessels Carrying Cargoes With Which It Is Incompatible. 150.140 Cargoes Not Listed In Table I Or II. 150.150 Exceptions To The Compatibility Chart. 150.160 Carrying A Cargo As An Exception To The Compatibility Chart. 150.170 Right Of Appeal. Figure I – Compatibility Chart Table I – Alphabetical List Of Cargoes Table II – Grouping Of Cargoes Appendix I To Part 150 – Exceptions To The Chart Appendix II To Part 150 – Explanation Of Figure 1 Appendix III To Part 150 – Testing Procedures For Determining Exceptions To The Chart Appendix IV To Part 150 – Data Sheet [Authority: 46 U.S.C. 3306, 3703; Department of Homeland Security Delegation No. 0170.1. Section 150.105 issued under 44 U.S.C. 3507; Department of Homeland Security Delegation No. 0170.1. [SOURCE: CGD 75-59, 45 FR 70263, Oct. 23, 1980, unless otherwise noted.] §150.110 Applicability. This subpart prescribes rules for identifying incompatible hazardous materials and rules for carrying these materials in bulk as cargo in permanently attached tanks or in tanks that are loaded or discharged while aboard the vessel. The rules apply to all vessels that carry liquid dangerous cargoes in bulk that are subject to 46 U.S.C. Chapter 37. [CGD 95-028, 62 FR 51209, Sept. 30, 1997] §150.115 Definitions. As used in this subpart: Hazardous material means: (a) A flammable liquid as defined in §30.10-22 or a combustible liquid as defined in §30.10-15 of this chapter; (b) A material listed in Table 151.05, Table 1 of part 153, or Table 4 of part 154 of this chapter; or (c) A liquid, liquefied gas, or compressed gas listed in 49 CFR 172.101. Person in charge means the master of a self-propelled vessel, or the person in charge of a barge. §150.120 Definition Of Incompatible Cargoes. Except as described in §150.150, a cargo of hazardous material is incompatible with another cargo listed in Table I if the chemical groups of the two cargoes have an "X" where their columns intersect in Figure 1 and are not shown as exceptions in Appendix I. (See also §150.140.) [CGD 83-047, 50 FR 33038, Aug. 16, 1985] §150.130 Loading A Cargo On Vessels Carrying Cargoes With Which It Is Incompatible. Except as described in §150.160, the person in charge of a vessel shall ensure that the containment system for a cargo that is a hazardous material meets the following requirements: (a) The containment system must separate the hazardous material or its residue from any cargo in table I with which it is incompatible by two barriers such as formed by a: (1) Cofferdam; (2) Empty tank; (3) Void space; (4) Cargo handling space; (5) Tank containing a compatible cargo; or (6) Piping tunnel. (b) In this subpart, isolation across a cruciform joint is equivalent to isolation by two barriers. (c) The containment system for the hazardous material must not have a piping or venting system that connects to a containment system carrying a cargo with which the hazardous material is incompatible. Any such piping or venting system must have been separated from the containment system carrying the incompatible cargo by: (1) Removing a valve or spool piece and blanking off the exposed pipe ends, or (2) Installing two spectacle flanges in series with a means of detecting leakage into the pipe between the spectacle flanges. §150.140 Cargoes Not Listed In Table I Or II. A cargo of hazardous material not listed in Table I or II must be handled as if incompatible with all other cargoes until the Commandant (G-MSO) (tel. no. (202) 372-1425) assigns the hazardous material to a compatibility group. (Table I lists cargoes alphabetically while Table II lists cargoes by compatibility group). [CGD 83-047, 50 FR 33038, Aug. 16, 1985, CGD 86-100, 52 FR 21037, June 4, 1987; CGD 95-072, 60 FR 50465, Sept. 29, 19955; CGD 96-041, 61 FR 50731, Sept. 27, 1996] §150.150 Exceptions To The Compatibility Chart. The Commandant (G-MSO) authorizes, on a case by case basis, exceptions to the rules in this subpart under the following conditions: (a) When two cargoes shown to be incompatible in Figure 1 meet the standards for a compatible pair in Appendix III, or (b) When two cargoes shown to be compatible in Figure 1 meet the standards for an incompatible pair in Appendix III. Appendix I contains cargoes which have been found to be exceptions to Figure 1, the Compatibility Chart. [CGD 83-047, 50 FR 33038, Aug. 16, 1985, as amended at CGD 95-072, 60 FR 50465, Sept. 29, 1995; CGD 96-041, 61 FR 50731, Sept. 27, 1996] §150.160 Carrying A Cargo As An Exception To The Compatibility Chart. The Operator of a vessel having on board a cargo carried as an exception under §150.150 but not listed in Appendix I, Exceptions to the Chart, shall make sure that: (a) The Commandant (G-MSO) has authorized by letter or message the cargo pair as an exception to the compatibility chart; and (b) A copy of the letter or message is on the vessel. [CGD 75-59, 45 FR 70263, Oct. 23, 1980, as amended by CGD 82-063b, 48 FR 4781, Feb. 3, 1983; CGD 83-047, 50 FR 33038, Aug. 16, 1985; CGD 95-072, 60 FR 50465, Sept. 29, 1995; CGD 96-041, 61 FR 50731, Sept. 27, 1996] 181
§150.170 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 subpart 1.03 of this chapter. [CGD 88-033, 54 FR 50381, Dec. 6, 1989] 182
TABLE I.–ALPHABETICAL LIST OF CARGOES 183
TABLE I.–ALPHABETICAL LIST OF CARGOES--Continued 184
TABLE I.–ALPHABETICAL LIST OF CARGOES—Continued 185
TABLE I.–ALPHABETICAL LIST OF CARGOES—Continued 186
TABLE I.–ALPHABETICAL LIST OF CARGOES—Continued 187
TABLE I.–ALPHABETICAL LIST OF CARGOES—Continued 188
TABLE I.–ALPHABETICAL LIST OF CARGOES—Continued 189
TABLE I.–ALPHABETICAL LIST OF CARGOES—Continued 190
TABLE I.–ALPHABETICAL LIST OF CARGOES—Continued 191
TABLE I.–ALPHABETICAL LIST OF CARGOES—Continued 192
TABLE I.–ALPHABETICAL LIST OF CARGOES—Continued 193
TABLE I.–ALPHABETICAL LIST OF CARGOES—Continued 194
TABLE I.–ALPHABETICAL LIST OF CARGOES—Continued 195
TABLE I.–ALPHABETICAL LIST OF CARGOES—Continued 196
TABLE I.–ALPHABETICAL LIST OF CARGOES—Continued 197
TABLE I.–ALPHABETICAL LIST OF CARGOES—Continued 198
TABLE I.–ALPHABETICAL LIST OF CARGOES—Continued 199
TABLE I.–ALPHABETICAL LIST OF CARGOES—Continued 200
TABLE I.–ALPHABETICAL LIST OF CARGOES—Continued 1. Because of very high reactivity or unusual conditions of carriage or potential compatibility problems, this commodity is not assigned to a specific group in the Compatibility Chart. For additional compatibility information, contact Commandant (G-
MSO), U.S. Coast Guard, 2100 Second Street, SW., Washington, DC 20593-0001. Telephone (202) 372-1425. 2. See Appendix I-Exceptions to the Chart. [CGD 92-100, 59 FR 17011, Apr. 11, 1994, as amended by CGD 94-902, 60 FR 34042, June 29, 1995; CGD 95-900, 60 FR 34045, 34046, 34047, 34049 June 29, 1995; CGD 95-900, 60 FR 39267, Aug. 2, 1995; CGD 96-041, 61 FR 50731, Sept. 27, 1996; 65 FR 67136, Nov. 8, 2000] TABLE II—GROUPING OF CARGOES 0. U
NASSIGNED C
ARGOES
Acetone cyanohydrin 1,2 Alkylbenzenesulfonic acid 1,2 Aluminium chloride, Hydrochloric acid solution
1 Ammonium hydrogen phosphate solution 1 Ammonium nitrate solution 1 Ammonium thiocyanate, Ammonium thiosulfate solution 1 Benzenesulfonyl chloride 1,2 gamma-Butyrolactone 1,2 Chlorine 1 Chlorosulfonic acid 1 Decyloxytetrahydro-thiophene dioxide 2 tert-Dodecanethiol 2 2,4-Dichlorophenoxyacetic acid, Dimethylamine salt solution 1,2 Dimethylamine salt of 2,4- Dichlorophenoxyacetic acid solution 1,2 Diphenylol propane-Epichlorohydrin resins
1 Dodecylbenzenesulfonic acid 1,2 Dodecyl hydroxypropyl sulfide 2 Ethylene oxide 1 Fluorosilicic acid Hydrogen peroxide solutions 1 Lactic acid 2 Long chain alkaryl sulfonic acid (C16–C60)
2 Magnesium chloride solution 1,2 Molasses residue 1 Motor fuel antiknock compounds containing Lead alkyls 1 Naphthalene sulfonic acid-formaldehyde copolymer, sodium salt solution 1 NIAX POLYOL APP 240C 1, 2 Nitrating acid 1 Nitric acid (greater than 70%) 1 o-Nitrophenol 1,2 Noxious Liquid Substance, n.o.s. (NLS’s) 1 Oleum 1,2 Phosphorus 1 Phthalate based polyester polyol 2 SAP 7001 1 Sodium chlorate solution 1,2 Sodium dichromate solution 1,2 Sodium hydrogen sulfide, Sodium carbonate solution 1,2 Sodium sulfide, Hydrosulfide solution 1,2 Sodium thiocyanate solution 1,2 Sulfur 1 Tall oil fatty acid, barium salt 2 Urea, Ammonium mono- and di-hydrogen phosphate, Potassium chloride solution 1. N
ON
-O
XIDIZING M
INERAL A
CIDS Di-(2-ethylhexyl)phosphoric acid Ferric chloride solution Fluorosilicic acid Hydrochloric acid Phosphoric acid Polyaluminum chloride solution 2. S
ULFURIC A
CIDS Sulfuric acid 2 Sulfuric acid, spent Titanium tetrachloride 3. N
ITRIC A
CID Ferric nitrate, Nitric acid solution Nitric acid (70% or less) 4. O
RGANIC A
CIDS Acetic acid 2 Acrylic acid 2 Butyric acid Cashew nut shell oil (untreated) Citric acid Chloroacetic acid solution Chloropropionic acid Decanoic acid 2,2-Dichloropropionic acid 2,2-Dimethyloctanoic acid 2-Ethylhexanoic acid Formic acid 2 Glycolic acid Glyoxylic acid n-Heptanoic acid Hexanoic acid 2-Hydroxy-4-(methylthio)butanoic acid Methacrylic acid Naphthenic acid Neodecanoic acid Nonanoic acid Nonanoic, Tridecanoic acid mixture Octanoic acid n-Pentanoic acid, 2-Methyl butryic acid mixture Pentanoic acid Propionic acid Trimethylacetic acid Undecanoic acid 5. C
AUSTICS Ammonium sulfide solution Calcium hypochlorite solutions Caustic potash solution 2 Caustic soda solution 2 Cresylate spent caustic Cresylic acid, sodium salt solution Kraft black liquor Kraft pulping liquors Mercaptobenzothiazol, sodium salt solution Potassium hydroxide solution 2 Sodium acetate, Glycol, Water mixture (containing Sodium hydroxide) Sodium aluminate solution Sodium borohydride, Sodium hydroxide solution Sodium carbonate solutions 201
Sodium cyanide solution Sodium hydrosulfide solution 2 Sodium hydrosulfide, Ammonium sulfide solution 2 Sodium hydroxide solution 2 Sodium hypochlorite solution Sodium 2-mercaptobenzothiazol solution Sodium naphthenate solution Sodium nitrite solution Triphenylborane, Caustic soda solution Trisodium phosphate solution Vanillin black liquor 6. A
MMONIA Ammonia, anhydrous Ammonia, aqueous Ammonium hydroxide (28% or less Ammonia) Ammonium nitrate, Urea solution (containing Ammonia) Urea, Ammonium nitrate solution (containing Ammonia) 7. A
LIPHATIC A
MINES N-Aminoethylpiperazine Butylamine Cyclohexylamine Dibutylamine Diethylamine 2 Diethylenetriamine 2 Diisobutylamine Diisopropylamine Dimethylamine Dimethylamine solution N,N-Dimethylcyclohexylamine N,N-Dimethyldodecylamine Di-n-propylamine Diphenylamine, reaction product with 2,2,4-Trimethylpentene Diphenylamines, alkylated Dodecylamine, Tetradecylamine mixture 2 Dodecyldimethylamine, Tetradecyldimethylamine mixture Ethylamine 2 Ethylamine solution Ethyleneamine EA 1302 2 N-Ethyl-n-butylamine N-Ethyl cyclohexylamine Ethylenediamine 2 2-Ethyl hexylamine N-Ethylmethylallylamine Glyphosate solution (not containing surfactant) Hexamethylenediamine Hexamethylenediamine solution Hexamethylenetetramine Hexamethylenetetramine solutions Hexamethylenimine HiTec 321 bis-(Hydrogenated tallow alkyl)methyl amines Isophorone diamine Long chain polyetheramine in alkyl(C2–C4)benzenes Metam sodium solution Methylamine solutions Morpholine 2 Oleylamine Pentaethylenehexamine Pentaethylenehexamine, Tetraethylenepentamine mixture Phosphate esters, alkyl (C12–C14) amine Polyethylene polyamines 2 Polyolefin amide alkeneamine (C28+) Polyisobutenamine in aliphatic (C10–C14) solvent Poly (C17+) olefin amine Polyolefin amide alkeneamine/Molybdenum oxysulfide mixture Propanil, Mesityl oxide, Isophorone mixture Propylamine iso-Propylamine solution Roundup Sulfohydrocarbon, long chain (C18+) alkylamine mixture Tetraethylenepentamine 2 Triethylamine Triethylenetetramine 2 Trimethylamine solution Trimethylhexamethylene diamine (2,2,4-and 2,4,4-) 8. A
LKANOLAMINES 2-(2-Aminoethoxy)ethanol Aminoethyldiethanolamine, Aminoethylethanolamine solution Aminoethylethanolamine 2-Amino-2-methyl-1-propanol Diethanolamine Diethylaminoethanol Diethylethanolamine Diisopropanolamine Dimethylethanolamine Ethanolamine Ethoxylated long chain (C16+) alkyloxyalkanamine Methyl diethanolamine Propanolamine Triethanolamine 2 Triisopropanolamine Ucarsol CR Solvent 302 SG 9. A
ROMATIC A
MINES Alkyl (C8–C9) phenylamine in aromatic solvents Aniline Calcium long chain alkyl phenolic amine (C8–C40) 4-Chloro-2-methylphenoxyacetic acid, Dimethylamine salt solution Dialkyl (C8–C9) diphenylamines 2,6-Diethylaniline Dimethylamine salt of 4-Chloro-2- methylphenoxyacetic acid solution 2,6-Dimethylaniline Diphenylamine 2-Ethyl-6-methyl-N-(1’-methyl-2-methoxyethyl)aniline 2-Methyl-6-ethyl aniline 2-Methyl-5-ethyl pyridine Methyl pyridine 3-Methylpyridine N-Methyl-2-pyrrolidone 2 Paraldehyde-Ammonia reaction product Pyridine Pyridine bases Toluenediamine p-Toluidine 10. A
MIDES Acetochlor Acrylamide solution Alkenyl(C11+)amide N,N-Dimethylacetamide N,N-Dimethylacetamide solution Dimethylformamide Formamide N,N-bis(2-Hydroxyethyl) oleamide Octadecenoamide Zinc alkenyl carboxamide 11. O
RGANIC A
NHYDRIDES Acetic anhydride Alkenylsuccinic anhydride Maleic anhydride Phthalic anhydride Polyisobutenyl anhydride adduct Polyolefin anhydride Propionic anhydride 202
12. I
SOCYANATES Diphenylmethane diisocyanate Hexamethylene diisocyanate Isophorone diisocyanate Polymethylene polyphenyl isocyanate Toluene diisocyanate Trimethylhexamethylene diisocyanate (2,2,4- and 2,4,4-) 13. V
INYL A
CETATE Vinyl acetate Vinyl ethyl ether Vinyl neodecanate Vinyl toluene 14. A
CRYLATES Butyl acrylate Butyl methacrylate Butyl methacrylate, Decyl methacrylate, Cetyl-Eicosyl methacrylate mixture Cetyl-Eicosyl methacrylate mixture Decyl acrylate Dodecyl methacrylate Dodecyl-Octadecyl methacrylate mixture Dodecyl-Pentadecyl methacrylate mixture Ethyl acrylate 2-Ethylhexyl acrylate Ethyl methacrylate 2-Hydroxyethyl acrylate 2 Methacrylic resin in Ethylene dichloride Methyl acrylate Methyl methacrylate Nonyl methacrylate Polyalkyl(C18 - C22) acrylate in Xylene Polyalkyl (C10–C18) methacrylate/Ethylene Polyalkyl (C10–C20) methacrylate Propylene copolymer mixture Roehm monomer 6615 15. S
UBSTITUTED A
LLYLS Acrylonitrile 2 Allyl alcohol 2 Allyl chloride 1,3-Dichloropropene Dichloropropene, Dichloropropane mixtures Methacrylonitrile 16. A
LKYLENE O
XIDES Butylene oxide Ethylene oxide, Propylene oxide mixtures Propylene oxide 17. E
PICHLOROHYDRIN Chlorohydrins Epichlorohydrin 18. K
ETONES Acetone 2 Acetophenone Amyl methyl ketone Butyl heptyl ketone Camphor oil 1-(4-Chlorophenyl)-4,4-dimethyl pentan-3-one 2 Cyclohexanone Cyclohexanone, Cyclohexanol mixtures 2 Diisobutyl ketone Ethyl amyl ketone Epoxy resin Ketone residue Isophorone 2 Mesityl oxide 2 Methyl amyl ketone Methyl butyl ketone Methyl butyl ketone Methyl ethyl ketone 2 Methyl heptyl ketone Methyl isoamyl ketone Methyl isobutyl ketone 2 Methyl propyl ketone Trifluralin in Xylene 19. A
LDEHYDES Acetaldehyde Acrolein 2 Butyraldehyde Crotonaldehyde 2 Decaldehyde Ethylhexaldehyde 2-Ethyl-3-propylacrolein 2 Formaldehyde, Methanol mixtures 2 Formaldehyde solution 2 Furfural Glutaraldehyde solution Glyoxal solutions 3-Methyl butyraldehyde Methylolureas 3-(Methylthio)propionaldehyde Octyl aldehyde Paraldehyde Pentyl aldehyde Propionaldehyde Valeraldehyde 20. A
LCOHOLS
, G
LYCOLS Acrylonitrile-Styrene copolymer dispersion in Polyether polyol Alcoholic beverages Alcohol polyethoxylates Alcohol polyethoxylates, secondary Alcohols (C13+) Amyl alcohol Behenyl alcohol Brake fluid base mixtures 1,4-Butanediol Butyl alcohol 2 Butylene glycol 2 Cetyl-Stearyl alcohol Choline chloride solutions Cyclohexanol Decyl alcohol 2 Diacetone alcohol 2 Diethyl hexanol Diisobutyl carbinol 2,2-Dimethylpropane-1,3-diol Dodecanol Dodecyl alcohol Ethoxylated alcohols, C11-C15 2-Ethoxyethanol Ethyl alcohol 2 Ethyl butanol Ethylene chlorohydrin Ethylene cyanohydrin Ethylene glycol 2 2-Ethylhexanol Furfuryl alcohol 2 Glycerine 2 Glycerine, Dioxanedimethanol mixture Glycerol monooleate Heptanol Hexamethylene glycol Hexanol Hexylene glycol 203
Hydroxy terminated polybutadiene Icosa(oxypropane-2,3-diyl)s Lauryl polyglucose (50% or less) 3-Methoxy-1-butanol Methyl alcohol 2 Methyl amyl alcohol Methyl butenol Methylbutynol 2-Methyl-2-hydroxy-3-butyne Methyl isobutyl carbinol 3-Methyl-3-methoxybutanol 2-Methyl-1,3-propanediol Molasses Nonyl alcohol 2 Octanol 2 Octyl alcohol 2 Penacosa(oxypropane-2,3-diyl)s Pentadecanol Polyalkylene oxide polyol Polybutadiene, hydroxy terminated Polyglycerol Polyglycerine, Sodium salts solution (containing less than 3% Sodium hydroxide) 2 Polyolefin amide alkeneamine polyol Propyl alcohol 2 Propylene glycol 2 Rum Sorbitol solutions Stearyl alcohol Tallow fatty alcohol Tetradecanol Tridecanol Trimethyl nonanol Trimethylol propane polyethoxylate Undecanol Undecyl alcohol 21. P
HENOLS
, C
RESOLS Benzyl alcohol Carbolic oil Creosote 2 Cresols Cresylic acid Cresylic acid dephenolized Cresylic acid, tar Dibutylphenols 2,4-Dichlorophenol Dodecyl phenol o-Ethylphenol Long chain alkylphenate/phenol sulfide mixture Nonyl phenol Octyl phenol Phenol Xylenols 22. C
APROLACTAM S
OLUTIONS Caprolactam solution 23–29. U
NASSIGNED 30. O
LEFINS Amylene Aryl polyolefin (C11–C50) Butadiene Butadiene, Butylene mixtures (cont. Acetylenes) Butene Butene oligomer Butylene 1,5,9-Cyclododecatriene 1,3-Cyclopentadiene dimer Cyclopentadiene, Styrene, Benzene mixture Cyclopentene Decene Dicyclopentadiene Diisobutylene Dipentene Dodecene Ethylene Ethylene-Propylene copolymer Ethylidene norbornene 2 1-Heptene Hexene Isoprene Isoprene concentrate (Shell) Latex (ammonia (1% or less) inhibited) Methyl acetylene, Propadiene mixture Methyl butene Methylcyclopentadiene dimer 2-Methyl-1-pentene 4-Methyl-1-pentene alpha-Methyl styrene Myrcene Nonene 1-Octadecene Octene Olefin mixtures alpha-Olefins (C6 - C18) mixtures alpha-Olefins (C13+) 1,3-Pentadiene Pentene alpha-Pinene beta-Pinene Polybutene Poly(4+)isobutylene Polyolefin (molecular weight 300+) Polypropylene Poly(5+)propylene Propylene Propylene-butylene copolymer Propylene dimer Propylene, Propane, MAPP gas mixture Propylene tetramer Propylene trimer Styrene Tetradecene Tridecene Triisobutylene Tripropylene Turpentine Undecene 31. P
ARAFFINS Alkanes (C6–C9) n-Alkanes (C10+) iso- & cyclo-Alkanes (C10–C11) iso- & cyclo-Alkanes (C12+) Butane Cycloheptane Cyclohexane Cyclopentane Decane Dodecane Ethane Ethyl cyclohexane Heptane Hexane 2 Methane Methylcyclohexane 2-Methyl pentane Nonane Octane Pentane Propane iso-Propylcyclohexane 204
Tridecane Waxes: Paraffin 32. A
ROMATIC H
YDROCARBONS Alkyl(C3–C4)benzenes Alkyl(C5–C8)benzenes Alkyl(C9+)benzenes Alkyl acrylate-Vinyl pyridine copolymer in Toluene Alkylbenzene, Alkylindane, Alkylindene mixture (each C12–C17) Benzene Benzene hydrocarbon mixtures (having 10% Benzene or more) Benzene, Toluene, Xylene mixtures Butylbenzene Butyl phenol, Formaldehyde resin in Xylene Butyl toluene Cumene Cymene Decylbenzene Dialkyl(C10 - C14) benzenes Diethylbenzene Diisopropylbenzene Diisopropyl naphthalene Diphenyl Dodecylbenzene Dodecyl xylene Ethylbenzene Ethyl toluene 1-Hexadecylnaphthalene, 1,4-bis(Hexadecyl) Isopropylbenzene Methyl naphthalene Naphthalene Naphthalene mixture Naphthalene still residue 1-Phenyl-1-xylyl ethane Poly(2+)cyclic aromatics Polyolefin amine in alkylbenzenes (C2–C4) Propylbenzene Pseudocumene C9 Resinfeed (DSM) 2 Tetradecylbenzene Tetrahydronaphthalene 1,2,3,5-Tetramethylbenzene Toluene Tridecylbenzene Triethylbenzene Trimethylbenzene Undecylbenzene Xylene Xylenes, Ethylbenzene mixture 33. M
ISCELLANEOUS H
YDROCARBON M
IXTURES Alachlor Alkylbenzenesulfonic acid, sodium salt solutions Alkyl dithiothiadiazole (C6–C24) Asphalt blending stocks, roofers flux Asphalt blending stocks, straight run residue Asphalt emulsion Aviation alkylates Calcuim sulfonate, Calcium carbonate, Hydrocarbon solvent mixture Coal tar Coal tar distillate Coal tar, high temperature Coal tar pitch Decahydronaphthalene Degummed C9 (DOW) Diphenyl, Diphenyl ether Distillates, flashed feed stocks Distillates, straight run Drilling mud (low toxicity) (if flammable or combustible) Gas oil, cracked Gasoline blending stock, alkylates Gasoline blending stock, reformates Gasolines: Automotive (not over 4.23 grams lead per gal.) Aviation (not over 4.86 grams lead per gal.) Casinghead (natural) Polymer Straight run Jet Fuels: JP-4 JP-5 JP-8 Kerosene Mineral spirits Naphtha: Coal tar solvent Petroleum Solvent Stoddard solvent Varnish Makers’ and Painters’ Oil, fuel: No. 1 No. 1-D No. 2 No. 2-D No. 4 No. 5 No. 6 Oil, misc: Aliphatic Aromatic Clarified Coal Crude Diesel Gas, high pour Heartcut distillate Linseed Lubricating Mineral Mineral seal Motor Neatsfoot Penetrating Pine Rosin Sperm Spindle Turbine Residual Road Transformer Oxyalkylated alkyl phenol formaldehyde Petrolatum Pine oil Polyolefin amine (C28–C250) Polyolefin amide alkeneamine (C17+) Polyolefin amide alkeneamine borate (C28– C250) Sodium petroleum sulfonate Sulfohydrocarbon (C3–C88) Waxes: Petroleum Sulfurized fat (C14–C20) Sulfurized polyolefinamide alkeneamines (C28–C250) White spirit (low (15-20%) aromatic) 34. E
STERS Alkane (C14–C17) sulfonic acid, sodium salt solution Alkyl(C8+)amine, Alkenyl (C12+) acid ester mixture Alkyl ester copolymer (C6–C18) Alkyl(C7–C9) nitrates 2 Alkyl (C8–C40) phenol sulfide Alkyl (C10–C20, saturated and unsaturated) phosphite 205
Alkyl sulfonic acid ester of phenol Alkylaryl phosphate mixtures (more than 40%) Amyl acetate Animal and Fish oils, n.o.s. Animal and Fish acid oils and distillates, n.o.s. Barium long chain alkaryl (C11–C50) sulfonate Barium long chain alkyl(C8–C14)phenate sulfide Benzene tricarboxylic acid trioctyl ester Benzyl acetate Butyl acetate Butyl benzyl phthalate n-Butyl butyrate Butyl formate iso-Butyl isobutyrate n-Butyl propionate Calcium alkyl(C9)phenol sulfide, polyolefin phosphorosulfide mixture Calcium long chain alkaryl sulfonate (C11– C50) Calcium long chain alkyl phenate sulfide (C8–C40) Calcium long chain alkyl phenates Calcium long chain alkyl salicylate (C13+) Calcium nitrate, Magnesium nitrate, Potassium chloride solution Calcium nitrate solution Cobalt naphthenate in solvent naphtha Coconut oil, fatty acid Copper salt of long chain alkanoic acids Cottonseed oil, fatty acid Cyclohexyl acetate Decyl acetate Dialkyl(C7 - C13) phthalates Dibutyl hydrogen phosphonate Dibutyl phthalate Diethylene glycol butyl ether acetate Diethylene glycol dibenzoate Diethylene glycol ethyl ether acetate Diethylene glycol methyl ether acetate Diethylene glycol phthalate Di-(2-ethylhexyl)adipate Di-(2-ethylhexyl)phthalate Diethyl phthalate Diethyl sulfate Diheptyl phthalate Dihexyl phthalate Di-n-hexyl adipate Diisobutyl phthalate Diisodecyl phthalate Diisononyl adipate Diisononyl phthalate Diisooctyl phthalate Dimethyl adipate Dimethylcyclicsiloxane hydrolyzate Dimethyl glutarate Dimethyl hydrogen phosphite 2 Dimethyl naphthalene sulfonic acid, sodium salt solution 2 Dimethyl phthalate Dimethyl polysiloxane Dimethyl succinate Dinonyl phthalate Dioctyl phthalate Diphenyl tolyl phosphate, less than 0.02% ortho-isomer) Dipropylene glycol dibenzoate Dithiocarbamate ester (C7–C35) Ditridecyl adipate Ditridecyl phthalate 2-Dodecenylsuccinic acid, dipotassium salt solution Diundecyl phthalate 2-Ethoxyethyl acetate Ethyl acetate Ethyl acetoacetate Ethyl butyrate Ethylene carbonate Ethylene glycol acetate Ethylene glycol butyl ether acetate Ethylene glycol diacetate Ethylene glycol ethyl ether acetate Ethylene glycol methyl ether acetate Ethyl-3-ethoxypropionate Ethyl hexyl phthalate Ethyl propionate Ethyl propionate Fatty acids (saturated, C14+) Glycerol polyalkoxylate Glyceryl triacetate Glycidyl ester of C10 trialkyl acetic acid Gylcidyl ester of tridecylacetic acid Heptyl acetate Hexyl acetate Lauric acid Lecithin Magnesium long chain alkaryl sulfonate (C11–C50) Magnesium long chain alkyl phenate sulfide (C8–C20) Magnesium long chain alkyl salicylate (C11+) 3-Methoxybutyl acetate 1-Methoxy-2-propyl acetate Methyl acetate Methyl acetoacetate Methyl amyl acetate Methyl butyrate Methyl formate 3-Methyl-3-methoxybutyl acetate Methyl salicylate Metolachlor Naphthalene sulfonic acid, sodium salt solution (40% or less) Nonyl acetate n-Octyl acetate Octyl decyl adipate Oil, edible: Beechnut Castor Cocoa butter Coconut 2 Cod liver Corn Cotton seed Fish 2 Groundnut Hazelnut Lard Lanolin Nutmeg butter Olive Palm
2 Palm kernel Peanut Poppy Poppy seed Raisin seed Rapeseed Rice bran Safflower Salad Sesame Soya bean Sunflower Sunflower seed Tucum Vegetable Walnut Oil, misc: Animal Coconut oil, fatty actid methyl ester Cotton seed oil, fatty acid Lanolin Palm kernel oil, fatty acid methyl ester Palm oil, methyl ester Pilchard Perilla 206
Soapstock Soyabean (epoxidized) Tall Tall, fatty acid 2 Tung Olefin/Alkyl ester copolymer (molecular weight 2000+) Oleic acid Palm kernel acid oil Palm kernel acid oil, methyl ester Palm stearin n-Pentyl propionate Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether acetate Polydimethylsiloxane Polyferric sulfate solution Polymethylsiloxane Poly(20)oxyethylene sorbitan monooleate Polysiloxane Polyolefin aminoester salt Polyolefin ester (C28–C250) Polyolefin phosphorosulfide, barium derivative (C28–C250) Potassium formate solution Potassium oleate Potassium salt of polyolefin acid Propyl acetate Propylene carbonate Propylene glycol methyl ether acetate Sodium acetate, Glycol, Water mixture (not containing Sodium hydroxide) 2 Sodium acetate solution Sodium benzoate solution Sodium dimethyl naphthalene sulfonate solution 2 Sodium long chain alkyl salicylate (C13+) Sodium naphthalene sulfonate solution Soyabean oil (epoxidized) Stearic acid Tall oil Tall oil fatty acid (Resin acids less than 20%) 2 Tallow 2 Tallow fatty acid 2 Tributyl phosphate Tricresyl phosphate Tridecanoic acid Tridecyl acetate Triethylene glycol dibenzoate Triethylene glycol di-(2-ethylbutyrate) Triethyl phosphate Triethyl phosphite 2 Triisooctyl trimellitate 2 Triisopropylated phenyl phosphates 2,2,4-Trimethyl-1,3-
pentanediol diisobutyrate 2,2,4-Trimethyl-1,3-pentanediol-1-isobutyrate 2,2,4-Trimethyl-3-pentanol-1-isobutyrate Trimethyl phosphite 2 Trisodium nitrilotriacetate Trixylyl phosphate Trixylenyl phosphate Vegetable acid oils and distillates, n.o.s. Vegetable oils, n.o.s. Waxes: Carnauba Zinc alkaryl dithiophosphate (C7–C16) Zinc alkyl dithiophosphate (C3–C14) 35. V
INYL H
ALIDES Vinyl chloride Vinylidene chloride 36. H
ALOGENATED H
YDROCARBONS Benzyl chloride Bromochloromethane Carbon tetrachloride 2 Catoxid feedstock 2 Chlorinated paraffins (C10 - C13) Chlorinated paraffins (C14 - C17) Chlorobenzene Chlorodifluoromethane Chloroform Chlorotoluene Dibromomethane Dibutylphenols 3,4-Dichloro-1-butene Dichlorobenzene Dichlorodifluoromethane 1,1-Dichloroethane 1,6-Dichlorohexane 2,2’-Dichloroisopropyl ether Dichloromethane Dichloropropane Ethyl chloride Ethylene dibromide Ethylene dichloride 2 Methyl bromide Methyl chloride Monochlorodifluoromethane n-Propyl chloride Pentachloroethane Perchloroethylene 1,1,2,2-Tetrachloroethane 1,2,3-Trichlorobenzene 1,2,4-Trichlorobenzene 1,1,1-Trichloroethane 2 1,1,2-Trichloroethane Trichloroethylene 2 1,2,3-Trichloropropane 1,1,2-Trichloro-1,2,2-trifluoroethane 37. N
ITRILES Acetonitrile Adiponitrile Lactonitrile solution Propionitrile Tallow nitrile 38. C
ARBON D
ISULFIDE Carbon disulfide 39. S
ULFOLANE Sulfolane 40. G
LYCOL E
THERS Alkyl (C7-C11) phenol poly(4-12)ethoxylate Alkyl (C9-C15) phenyl propoxylate Diethylene glycol 2 Diethylene glycol butyl ether Diethylene glycol dibutyl ether Diethylene glycol diethyl ether Diethylene glycol ethyl ether Diethylene glycol methyl ether Diethylene glycol n-hexyl ether Diethylene glycol phenyl ether Diethylene glycol propyl ether Dipropylene glycol Dipropylene glycol butyl ether Dipropylene glycol methyl ether Ethoxy triglycol Ethylene glycol hexyl ether Ethylene glycol methyl butyl ether Ethylene glycol monoalkyl ethers Ethylene glycol tert-butyl ether Ethylene glycol butyl ether Ethylene glycol dibutyl ether Ethylene glycol ethyl ether 207
Ethylene glycol isopropyl ether Ethylene glycol methyl ether Ethylene glycol phenyl ether Ethylene glycol phenyl ether, Diethylene glycol phenyl ether mixture Ethylene glycol propyl ether Hexaethylene glycol Methoxy triglycol Nonyl phenol poly(4+)ethoxylates Pentaethylene glycol methyl ether Polyalkylene glycol butyl ether Polyalkylene glycols, Polyalkylene glycol monoalkyl ethers mixtures Polyethylene glycols Polyethylene glycol dimethyl ether Poly(2-8)alkylene glycol monoalkyl(C1–C6) ether Polyethylene glycol monoalkyl ether Polypropylene glycol methyl ether Polypropylene glycols Poly(tetramethylene ether) glycols (mw 950–1050) Polytetramethylene ether glycol n-Propoxypropanol Propylene glycol monoalkyl ether Propylene glycol ethyl ether Propylene glycol methyl ether Propylene glycol n-butyl ether Propylene glycol phenyl ether Propylene glycol propyl ether Tetraethylene glycol Tetraethylene glycol methyl ether Triethylene glycol Triethylene glycol butyl ether Triethylene glycol butyl ether mixture Triethylene glycol ether mixture Triethylene glycol ethyl ether Triethylene glycol methyl ether Tripropylene glycol Tripropylene glycol methyl ether 41. E
THERS Alkaryl polyether (C9–C20) tert-Amyl methyl ether Butyl ether 2,2’-Dichloroethyl ether Diethyl ether Diglycidyl ether of Bisphenol A Diglycidyl ether of Bisphenol F Dimethyl furan 1,4-Dioxane Diphenyl ether Diphenyl ether, Diphenyl phenyl ether mixture Ethyl tert-butyl ether 2 Ethyl ether Long chain alkaryl polyether (C11–C20) Methyl-tert-butyl ether 2 Methyl tert-pentyl ether Propyl ether Tetrahydrofuran 1,3, 5-Trioxane Polyether (molecular weight 2000+) 42. N
ITROCOMPOUNDS o-Chloronitrobenzene Dinitrotoluene Nitrobenzene Nitroethane Nitroethane, 1-Nitropropane mixture Nitropropane Nitropropane, Nitroethane mixtures Nitrotoluene 43. M
ISCELLANEOUS W
ATER S
OLUTIONS Alkyl polyglucoside solutions Aluminum sulfate solution 2 2-Amino-2-hydroxymethyl-1,3-propanediol solution Ammonium bisulfite solution 2 Ammonium lignosulfonate solution Ammonium nitrate, Urea solution (not containing Ammonia) Ammonium polyphosphate solution Ammonium sulfate solution Ammonium thiosulfate solution Sulfonated polyacrylate solutions 2 Calcium bromide solution Calcium chloride solution Calcium lignosulfonate solution Caramel solutions Clay slurry Corn syrup Dextrose solution 2,4-Dichlorophenoxyacetic acid, Diethanolamine salt solution 2,4-Dichlorophenoxyacetic acid,Triisopropanolamine salt solution 2 Diethanolamine salt of 2,4-Dichlorophenoxyacetic acid solution Diethylenetriamine pentaacetic acid, pentasodium salt solution Dodecyl diphenyl ether disulfonate solution Drilling brine (containing Calcium, Potassium, or Sodium salts) Drilling brine (containing Zinc salts) Drilling mud (low toxicity) (if non-flammable or non-combustible) Ethylenediaminetetracetic acid, tetrasodium salt solution Ethylene-Vinyl acetate copolymer emulsion Ferric hydroxyethylethylenediamine triacetic acid, trisodium salt solution 2 Fish solubles (water based fish meal extracts) Fructose solution Fumaric adduct of Rosin, water dispersion Hexamethylenediamine adipate solution N-(Hydroxyethyl)ethylene diamine triacetic acid, trisodium salt solution Kaolin clay slurry Latex, liquid synthetic Lignin liquor Liquid Streptomyces solubles l-Lysine solution N-Methylglucamine solution Naphthenic acid, sodium salt solution Potassium chloride solution Potassium thiosulfate solution Rosin soap (disproportionated) solution Sewage sludge, treated Sodium alkyl sulfonate solution Sodium hydrogen sulfite solution Sodium lignosulfonate solution Sodium polyacrylate solution 2 Sodium salt of Ferric hydroxyethylethylenediamine triacetic acid solution Sodium silicate solution 2 Sodium sulfide solution Sodium sulfite solution Sodium tartrates, Sodium succinates solution Sulfonated polyacrylate solutions 2 Tall oil soap (disproportionated) solution Tetrasodium salt of EDTA solution Titanium dioxide slurry Triisopropanolamine salt of 2,4-Dichlorophenoxyacetic acid solution Urea, Ammonium nitrate solution (not containing Ammonia) Urea, Ammonium phosphate solution Urea solution Vegetable protein solution (hydrolysed) Water FOOTNOTES TO TABLE II 1
Because of very high reactivity or unusual conditions of carriage or potential compatibility problems, this product is not assigned to a specific group in the Compatibility Chart. For additional 208
compatibility information, contact Commandant (G-MSO), U.S. Coast Guard, 2100 Second Street, SW., Washington, DC 20593-
0001. Telephone (202) 372-1425. 2
See Appendix I–Exceptions to the Chart. [CGD 88-100, 54 FR 40012, Sept. 29, 1989, as amended by CGD 88-100, 55 FR 17276, Apr. 24, 1990; CGD 92-100, 59 FR 17025, Apr. 11, 1994; CGD 94-902, 60 FR 34043, June 29, 1995; CGD 95-900, 60 FR 34049, 34050, June 29, 1995; CGD 96-041, 61 FR 50731, Sept. 27, 1996; 65 FR 67136, Nov. 8, 2000] Appendix I To Part 150 – Exceptions To The Chart (a). The binary combinations listed below have been tested as prescribed in Appendix III and found not to be dangerously reactive. These combinations are exceptions to the Compatibility Chart (Figure 1) and may be stowed in adjacent tanks. Member of reactive group Compatible with Acetone (18) Diethylenetriamine (7) Acetone cyanohydrin (0) Acetic acid (4) Acrylonitrile (15) Triethanolamine (8) Triethanolamine (8) Morpholine (7) 1,4-Butylene glycol (20) Ethylamine (7) Triethanolamine (8) gamma-Butyrolactone (0) N-Methyl-2-pyrrolidone (9) Caustic potash, 50% or less (5) Isobutyl alcohol (20) Ethyl alcohol (20) Ethylene glycol (20) Isopropyl alcohol (20) Methyl alcohol (20) iso-Octyl alcohol (20) Caustic soda, 50% or less (5) Butyl alcohol (20) tert-Butyl alcohol, Methanol mixtures Decyl alcohol (20) iso-Decyl alcohol (20) Diacetone alcohol (20) Diethylene glycol (40) Ethyl alcohol (20) Ethyl alcohol (40%, whiskey) (20) Ethylene glycol (20) Ethylene glycol, Diethylene glycol mixture (20) Ethyl hexanol (Octyl alcohol) (20) Methyl alcohol (20) Nonyl alcohol (20) iso-Nonyl alcohol (20) Propyl alcohol (20) Propylene glycol (20) Sodium chlorate (0) solution iso-Tridecanol (20) tert- Dodecanethiol (0) Acrylonitrile (15) Diisodecyl phthalate (34) Methyl ethyl ketone (18) iso-Nonyl alcohol (20) Perchloroethylene (36) iso-Propyl alcohol (20) Tall oil, crude Dodecyl and Tetradecylamine mixture (7). Tall oil, fatty acid (34) Member of reactive group Compatible with Ethylenediamine (7) Butyl alcohol (20) tert-Butyl alcohol (20) Butylene glycol (20) Creosote (21) Diethylene glycol (40) Dodecyl alcohol (20) Ethyl alcohol (20) Ethylene glycol (20) Ethyl hexanol (20) Glycerine (20) Isononyl alcohol (20) Ethylenediamine (7) (Continued) Isophorone (18) Methyl butyl ketone (18) Methyl iso-butyl ketone (18) Methyl ethyl ketone (18) Propyl alcohol (20) iso-Propyl alcohol (20) Propylene glycol (20) Oleum (0) Hexane (31) Dichloromethane (36) Perchloroethylene (36) 1,2-Propylene glycol (20) Diethylenetriamine (7) Polyethylene polyamines (7) Triethylenetetramine (7) Sodium dichromate, 70% (0) Methyl alcohol (20) (49-Sodium hydrosulfide solution (5) Methyl alcohol (20) iso-Propyl alcohol (20) Sulfuric acid (2) Coconut oil (34) Coconut oil acid (34) Palm oil (34) Tallow (34) Sulfuric acid, 98% or less (2) Choice white grease tallow (34) (b). The binary combinations listed below have been determined to be dangerously reactive, based on either data obtained in the literature or on laboratory testing which has been carried out in accordance with procedures prescribed in Appendix III. These combinations are exceptions to the Compatibility Chart (Figure 1) and may not be stowed in adjacent tanks. Acetone cyanohydrin (0) is not compatible with Groups 1-12, 16, 17 and 22. Acrolein (19) is not compatible with Group 1, Non-Oxidizing Mineral Acids. Acrylic acid (4) is not compatible with Group 9, Aromatic Amines. Acrylonitrile (15) is not compatible with Group 5 (Caustics). Alkylbenzenesulfonic acid (0) is not compatible with Groups 1-3, 5-9, 15, 16, 18, 19, 30, 34, 37, and strong oxidizers. Allyl alcohol (15) is not compatible with Group 12, Isocyanates. Alkyl(C7-C9) nitrates (34) is not compatible with Group 1, Non-
oxidizing Mineral Acids. Aluminum sulfate solution (43) is not compatible with Groups 5-
11. Ammonium bisulfite solution (43) is not compatible with Groups 1, 3, 4, and 5. Benzenesulfonyl chloride (0) is not compatible with Groups 5-7, and 43. 1,4-Butylene glycol (20) is not compatible with Caustic soda solution, 50% or less (5). gamma-Butyrolactone (0) is not compatible with Groups 1-9. C9 Resinfeed (DSM) (32) is not compatible with Group 2, Sulfuric acid. Carbon tetrachloride (36) is not compatible with Tetraethylenepentamine or Triethylenetetramine, both Group 7, Aliphatic amines. Catoxid feedstock (36) is not compatible with Group 1, 2, 3, 4, 5, or 12. Caustic soda solution, 50% or less (5) is not compatible with 1,4-
Butylene glycol (20). 209
1-(4-Chlorophenyl)-4,4-dimethyl pentan-3-one (18) is not compatible with Group 5 (Caustics) or 10 (Amides). Crotonaldehyde (19) is not compatible with Group 1, Non-
Oxidizing Mineral Acids. Cyclohexanone, Cyclohexanol mixture (18) is not compatible with Group 12, Isocyanates. 2,4-Dichlorophenoxyacetic acid, Triisopropanolamine salt solution (43) is not compatible with Group 3, Nitric Acid. 2,4-Dichlorophenoxyacetic acid, Dimethylamine salt solution (0) is not compatible with Groups 1-5, 11, 12, and 16. Diethylenetriamine (7) is not compatible with 1,2,3- Trichloropropane, Group 36, Halogenated hydrocarbons. Dimethyl hydrogen phosphite (34) is not compatible with Groups 1 and 4. Dimethyl naphthalene sulfonic acid, sodium salt solution (34) is not compatible with Group 12, Formaldehyde, and strong oxidizing agents. Dodecylbenzenesulfonic acid (0) is not compatible with oxidizing agents and Groups 1, 2, 3, 5, 6, 7, 8, 9, 15, 16, 18, 19, 30, 34, and 37. Ethyl tert-butyl ether (41) is not compatible with Group 1, Non- oxidizing mineral acids. Ethylenediamine (7) and Ethyleneamine EA 1302 (7) are not compatible with either Ethylene dichloride (36) or 1,2,3-
Trichloropropane (36)". Ethylene dichloride (36) is not compatible with Ethylenediamine (7) or Ethyleneamine EA 1302 (7) Ethylidene norbornene (30) is not compatible with Groups 1-3 and 5-8. 2-Ethyl-3-propylacrolein (19) is not compatible with Group 1, Non-
Oxidizing Mineral Acids. Ferric hydroxyethylethylenediamine triacetic acid, Sodium salt solution (43) is not compatible with Group 3, Nitric acid. Fish oil (34) is not compatible with Sulfuric acid (2). Formaldehyde (over 50%) in Methyl alcohol (over 30%) (19) is not compatible with Group 12, Isocyanates. Formic acid (4) is not compatible with Furfural alcohol (20). Furfuryl alcohol (20) is not compatible with Group 1, Non-
Oxidizing Mineral Acids and Formic acid (4). 2-Hydroxyethyl acrylate (14) is not compatible with Group 5, 6, or 12. Isophorone (18) is not compatible with Group 8, Alkanolamines. Magnesium chloride solution (0) is not compatible with Groups 2, 3, 5, 6 and 12. Mesityl oxide (18) is not compatible with Group 8, Alkanolamines. Methacrylonitrile (15) is not compatible with Group 5 (Caustics). Methyl tert-butyl ether (41) is not compatible with Group 1, Non-
oxidizing Mineral Acids. NIAX POLYOL APP 240C (0) is not compatible with Group 2, 3, 5, 7, or 12. o-Nitrophenol (0) is not compatible with Groups 2, 3, and 5-10. Octyl nitrates (all isomers), see Alkyl(C7-C9) nitrates. Oleum (0) is not compatible with Sulfuric acid (2) and 1,1,1-
Trichloroethane (36). Phthalate based polyester polyol (0) is not compatible with group 2, 3, 5, 7 and 12. Polyglycerine, Sodium salts solution (20) is not compatible with Groups 1, 4, 11, 16, 17, 19, 21 and 22. Propylene, Propane, MAPP gas mixture (containing 12% or less MAPP gas) (30) is not compatible with Group 1 (Non-oxidizing mineral acids), Group 36 (Halogenated hydrocarbons), nitrogen dioxide, oxidizing materials, or molten sulfur. Sodium acetate, Glycol, Water mixture (1% or less Sodium hydroxide) (34) is not compatible with Group 12 (Isocyanates). Sodium chlorate solution (50% or less) (0) is not compatible with Groups 1-3, 5, 7, 8, 10, 12, 13, 17 and 20. Sodium dichromate solution (70% or less) (0) is not compatible with Groups 1-3, 5, 7, 8, 10, 12, 13, 17 and 20. Sodium dimethyl naphthalene sulfonate solution (34) is not compatible with Group 12, Formaldehyde and strong oxidizing agents. Sodium hydrogen sulfide, Sodium carbonate solution (0) is not compatible with Groups 6 (Ammonia) and 7 (Aliphatic amines). Sodium hydrosulfide (5) is not compatible with Groups 6 (Ammonia) and 7 (Aliphatic amines). Sodium hydrosulfide, Ammonium sulfide solution (5) is not compatible with Groups 6 (Ammonia) and 7 (Aliphatic amines). Sodium polyacrylate solution (43) is not compatible with Group 3, Nitric Acid. Sodium silicate solution (43) is not compatible with Group 3, Nitric Acid. Sodium sulfide, hydrosulfide solution (0) is not compatible with Groups 6 (Ammonia) and 7 (Aliphatic amines). Sodium thiocyanate (56% or less) (0) is not compatible with Groups 1-4. Sulfonated polyacrylate solution (43) is not compatible with Group 5 (Caustics). Sulfuric acid (2) is not compatible with Fish oil (34), or Oleum (0). Tall oil fatty acid (Resin acids less than 20%) (34) is not compatible with Group 5, Caustics. Tallow fatty acid (34) is not compatible with Group 5, Caustics. Tetraethylenepentamine (7) is not compatible with Carbon tetrachloride, Group 36, Halogenated hydrocarbons. 1,1,1-Trichloroethane (36) is not compatible with Oleum (0). Trichloroethylene (36) is not compatible with Group 5, Caustics. 1,2,3-Trichloropropane (36) is not compatible with Diethylenetriamine, Ethylenediamine, Ethyleaneamine EA 1302, or Triethylenetetramine, all Group 7, Aliphatic amines. Triethyl phosphite (34) is not compatible with Groups 1, and 4. 210
Triethylenetetramine (7) is not compatible with Carbon tetrachloride, or 1,2,3-Trichloropropane, both Group 36, Halogenated hydrocarbons. Trimethyl phosphite (34) is not compatible with Groups 1 and 4. 1,3,5-Trioxane (41) is not compatible with Group 1 (non-oxidizing mineral acids) and Group 4 (Organic acids). [CGD 88-100, 54 FR 40012, Sept. 29, 1989 as amended by CGD 88-100, 55 FR 17277, Apr. 24, 1990; CDG 92-100, 59 FR 17026, Apr. 11, 1994; CGD 94-902, 60 FR 34043, June 29, 1995; CGD 95-900, 60 FR 34050, June 29, 1995; 65 FR 67136, Nov. 8, 2000] Appendix II To Part 150 – Explanation Of Figure 1 Definition of a hazardous reaction – As a first approximation, a mixture of two cargoes is considered hazardous when, under specified condition, the temperature rise of the mixture exceeds 25°C or a gas is evolved. It is possible for the reaction of two cargoes to produce a product that is significantly more flammable or toxic than the original cargoes even though the reaction is non-
hazardous from temperature or pressure considerations, although no examples of such a reaction are known at this time. Chart format – There are different degrees of reactivity among the various cargoes. Many of them are relatively non-reactive: For example, aromatic hydrocarbons or paraffins. Others will form hazardous combinations with many groups: For example, the inorganic acids. The cargo groups in the compatibility chart are separated into two categories: 1 through 22 are "Reactive Groups" and 30 through 43 are "Cargo Groups". Left unassigned and available for future expansion are groups 23 through 29 and those past 43. Reactive Groups contain products which are chemically the most reactive; dangerous combinations may result between members of different Reactive Groups and between members of Reactive Groups and Cargo Groups. Products assigned to Cargo Groups, however, are much less reactive; dangerous combinations involving these can be formed only with members of certain Reactive Groups. Cargo Groups do not react hazardously with one another. Using the Compatibility Chart – The following procedure explains how the compatibility chart should be used to find compatibility infomation: (1) Determine the group numbers of the two cargoes by referring to the alphabetical listing of cargoes and the corresponding groups (Table I). Many cargoes are listed under their parent names; unless otherwise indicated, isomers or mixtures of isomers of a particular cargo are assigned to the same group. For example, to find the group number for Isobutyl Alcohol, look under the parent name Butyl Alcohol. Similarly, the group number for para-Xylene is found under the entry Xylene. If a cargo cannot be found in this listing, contact the Coast Guard for a group determination (see §150.140). (2) If both group numbers are between 30 and 43 inclusive, the products are compatible and the chart need not be used. (3) If both group numbers do not fall between 30 and 43 inclusive, locate one of the numbers on the left of the chart (Cargo Groups) and the other across the top (Reactive Groups). (Note that if a group number is between 30 and 43, it can only be found on the left side of the chart.) The box formed by the intersection of the column and row containing the two numbers will contain one of the following: (a) Blank–The two cargoes are compatible. (b) "X"–The two cargoes are not compatible. (NOTE that reactivity may vary among the group members. Refer to Table I or Table II to find whether the products in question are referenced by a footNOTE which indicates that exceptions exist and are listed in Appendix I. Unless the combination is specifically mentioned in Appendix I, it is compatible.) [CGD 75-59, 45 FR 70263, Oct. 23, 1980, as amended by CGD 83-047, 50 FR 33046, Aug. 16, 1985] EXAMPLES Combination Groups Compatible Butyraldehyde/Acetic Acid 19/4 Yes. Allyl Alcohol/Toluene Diisocyanate 15/12 No. Decene/Ethyl Benzene 30/32 Yes. Ethanolamine/Acetone 8/18 Yes. Ammonia/Dimethylformamide 6/10 No. Appendix III To Part 150–Testing Procedures For Determining Exceptions To The Chart EXPERIMENTAL PROCEDURE FOR EVALUATING BINARY CHEMICAL REACTIVITY General safety precautions – Chemical reactivity tests have, by their nature, serious potential for injuring the experimenter or destroying equipment. The experimenter should 1) have knowledge of the magnitude of the reactivity to be expected, 2) use adequate facilities and protective equipment to prevent injury from splatter of materials or release of fumes, and 3) start on a small scale so that unexpected reactions can be safely contained. All tests should be performed in a well-ventilated laboratory hood provided with shields. Testing chemicals other than liquids – The procedure outlined below was developed for chemicals which are liquids at ambient temperatures. If one or both chemicals are normally shipped at elevated temperatures, the same procedure may be followed except the chemicals are tested at their respective shipping temperatures and the oil bath in Step 3 is maintained at a level 25°C above the higher temperature. This information is then indicated on the data sheet. If one of the chemicals is a gas at ambient temperatures, consult the Coast Guard for additional instructions before proceeding with the compatibility test. Step 1 Objective – To determine if the test chemicals react violently and present a safety hazard in further tests. Procedure – Place 0.5ml of one (A) of the test chemicals in a 25 x 150mm test tube. Clamp the test tube to a stand behind a safety shield (in a hood). Carefully add from a dropper 0.5ml of the other substance (B). Shake to induce mixing. If no immediate reaction occurs, retain the mixture for at least 10 minutes to check for a delayed reaction. Results – If a violent reaction occurs, such as sputtering, boiling of reactants or release of fumes, record the results on the Data Sheet (appendix IV) and do not proceed to Step 2. If no reaction or a minor reaction occurs, proceed to Step 2. Step 2 Objective–To determine the heat of reaction of two chemicals on mixing under specified conditions. Procedure–These separate mixes of the proposed binary combination will be tested. These are 2 ml : 18 ml, 10 ml : 10 ml, and 18 ml : 2 ml, respectively, to result in a final mixture of about 20 ml in each case. 211
A reference-junctioned thermocouple is prepared by inserting two lengths of 20 gauge or finer iron-constantan or chromelalumel duplex thermocouple wire into glass capilary sheaths. The common wire of each probe is joined, while the other wire of each is connected to a strip-chart recorder. The thermocouple probe which produces a negative pen deflection upon warming is the reference junction and is placed in a test tube of water at ambient laboratory temprature. The other probe is placed near the bottom of a Dewar flask of about 300ml capacity, such that the thermocouple will be below the surface of the test mixture. The Dewar flask is equipped with a magnetic stirrer having a stirring bar coated with an inert material such as a flourinated hydrocarbon. Start the temperature recorder and stirrer. Deliver the test chemicals to the Dewar Flask simultaneously from separate graduated syringes. If an exothermic reaction occurs, continue the test until the maximum temperature is reached and begins to subside. If no apparent reaction occurs, continue the test for at least 30 minutes to check for a delayed reaction. Stop agitation and observe the mixture at five-minute intervals to determine if the mixture is miscible, if gases are evolved, or if other visible changes occur. In the interest of safety, a mirror can be used for these observations. Repeat the above test for the other mixture combinations. Results–Record the results in the appropriate places on the Data Sheet. If no reaction occurs or if the temperature rise is less than 25°C, proceed to Step 3. If the observed temperature rise exceeds 25°C or gases are evolved, do not proceed to Step 3. Step 3 Objective–To determine if exothermic reactions occur at temperatures up to 50°C. Procedure–If a non-hazardous reaction occurred in Step 2, the ratio of chemicals which resulted in the greatest temperature rise will be tested. Fresh chemicals will be used with a total volume for this test of about 10ml (a ratio of 1ml:9ml, 5ml:5ml, or 9ml:1ml). If no reaction was observed in Step 2, use a ratio of 5ml:5ml. Using the thermocouple prepared for Step 2, insert the reference probe into a 25 x 150mm test tube containing 10ml of water. Place the other probe into an empty test tube. Start the temperature recorder and add the two chemicals of the combination, one at a time, to the empty test tube. Lower the two test tubes into an oil bath maintained at 50 ± 2°C. Hold the samples in the oil bath until the maximum temperature differential is recorded, and in all cases at least 15 minutes. Observe the test mixture to determine if gases are evolved or if other visible changes occur. Follow prescribed safety precautions. Results–Record the maximum differential temperature measured, the time required to reach this temperature, and any other observations in the proper space on the Data Sheet. Send a copy of the Data Sheet for each binary chemical mixture tested to: Commandant (G-MSO), U.S. Coast Guard, Washington, DC 20593-0001. [CGD 75-59, 45 FR 70263, Oct. 23, 1980, as amended by CGD 82-063b, 48 FR 4782, Feb. 3, 1983; CGD 83-047, 50 FR 33046, Aug. 16, 1985; CGD 88-070, 53 FR 34535, Sept. 7, 1985; CGD 96-041, 61 FR 50731, Sept. 27, 1996] 212
APPENDIX IV TO PART 150 – DATA SHEET CHEMICAL REACTIVITY TEST DATA Chemicals A ___________________________ B ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ Description of Products: Manufacturer Sample Source Composition (by weight %) Inhibitors or Stabilizers Deviations from Prescribed Method (including special equipment) Step Number 1
Products miscible? ______________________________ Gases evolved? ___________________________ Other Observations: A B 213
Step Number 2
A/B Ratio: Initial Temperature Maximum ∆ T Time to reach Max. Temp. Products miscible? Gases evolved? Other Observations Size of Dewer Flask (inside measurements): Width _________ mm Height _________ mm Step Number 3
A/B Ration Oil Bath Temperature Maximum ∆ T Time to read Max. Temp Gases evolved? Other Observations Date of Test: ________________________________________________________________________ Submitting Organization: ______________________________________________________________ Test Data Approval By: _______________________________________________________________ 2/18 10/10 18/2 214
Part 151– Barges Carrying Bulk Liquid Hazardous Material Cargoes Table Of Contents Subpart 151.01 – General Sec. 151.01-1 Applicability. 151.01-2 Incorporation By Reference. 151.01-10 Application Of Vessel Inspection Regulations. 151.01-15 Dangerous Cargoes Not Specifically Named. 151.01-20 Use Of Minimum Requirements. 151.01-25 Existing Barges. 151.01-30 Effective Date. 151.01-35 Right Of Appeal. Subpart 151.02—Equivalents 151.02-1 Conditions Under Which Equivalents May Be Used. 151.02-5 Design Of Unmanned Barges. Subpart 151.03—Definitions 151.03-1 Definitions Of Terms. 151.03-3 Angle Of Downflooding. 151.03-5 Approved. 151.03-7 Barge. 151.03-9 Cargo. 151.03-11 Coastwise. 151.03-13 Cofferdam. 151.03-15 Commandant. 151.03-17 Compatible. 151.03-19 Environment. 151.03-21 Filling Density. 151.03-23 Flame Arrestor. 151.03-25 Flame Screen. 151.03-27 Gas Free. 151.03-29 Great Lakes. 151.03-30 Hazardous Material. 151.03-31 Headquarters. 151.03-33 Lakes, Bays, And Sounds. 151.03-35 Limiting Draft. 151.03-36 Liquid. 151.03-37 Maximum Allowable Working Pressure. 151.03-38 Nondestructive Testing. 151.03-39 Ocean. 151.03-41 Officer In Charge, Marine Inspection (OCMI). 151.03-43 Pressure. 151.03-45 Rivers. 151.03-47 Service. 151.03-49 Sounding Tube. 151.03-51 Tank Barge. 151.03-53 Tankerman. 151.03-55 [Reserved] Subpart 151.04–Inspection And Certification 151.04-1 Certificate Of Inspection. 151.04-2 Inspection Required. 151.04-3 Initial Inspection. 151.04-5 Inspection For Certification. 151.04-7 Nondestructive Testing. Subpart 151.05–Summary Of Minimum Requirements For Specific Cargoes 151.05-1 Explanation Of Column Headings In Table 151.05. 151.05-2 Compliance With Requirements For Tank Barges Carrying Benzene And Benzene Containing Cargoes, Or Butyl Acrylate Cargoes. 151.05 Summary Of Minimum Requirements Subpart 151.10–Barge Hull Construction Requirements 151.10-1 Barge Hull Classifications. 151.10-5 Subdivision And Stability. 151.10-15 Certificate Endorsement. 151.10-20 Hull Construction. Subpart 151.12–Equipment And Operating Requirements For Control Of Pollution From Category D NLS Cargoes 151.12-5 Equipment For Category D NLS. 151.12-10 Operation Of Oceangoing Non-Self-Propelled Ships Carrying Category D NLS. Subpart 151.13–Cargo Segregation 151.13-1 General. 151.13-5 Cargo Segregation–Tanks. Subpart 151.15—Tanks 151.15-1 Tank Types. 151.15-3 Construction. 151.15-5 Venting. 151.15-6 Venting Piping. 151.15-10 Cargo Gauging Devices. Subpart 151.20–Cargo Transfer 151.20-1 Piping–General. 151.20-5 Cargo System Valving Requirements. 151.20-10 Cargo System Instrumentation. 151.20-15 Cargo Hose If Carried On The Barge. 151.20-20 Cargo Transfer Methods. Subpart 151.25–Environmental Control 151.25-1 Cargo Tank. 151.25-2 Cargo Handling Space. Subpart 151.30–Portable Fire Extinguishers 151.30-1 Type. Subpart 151.40–Temperature Or Pressure Control Installations 151.40-1 Definitions. 151.40-2 Materials. 151.40-5 Construction. 151.40-10 Operational Requirements. 151.40-11 Refrigeration Systems. Subpart 151.45—Operations 151.45-1 General. 151.45-2 Special Operating Requirements. 151.45-3 Manning. 151.45-4 Cargo-Handling. 151.45-5 Open Hopper Barges. 151.45-6 Maximum Amount Of Cargo. 151.45-7 Shipping Papers. 151.45-8 Illness, Alcohol, Drugs. 151.45-9 Signals. Subpart 151.50–Special Requirements 215
151.50-1 General. 151.50-5 Cargoes Having Toxic Properties. 151.50-6 Motor Fuel Antiknock Compounds. 151.50-10 Alkylene Oxides. 151.50-12 Ethylene Oxide. 151.50-13 Propylene Oxide. 151.50-20 Inorganic Acids. 151.50-21 Sulfuric Acid. 151.50-22 Hydrochloric Acid. 151.50-23 Phosphoric Acid. 151.50-30 Compressed Gases. 151.50-31 Chlorine. 151.50-32 Ammonia, Anhydrous. 151.50-34 Vinyl Chloride (Vinyl Chloride Monomer). 151.50-36 Argon Or Nitrogen. 151.50-40 Additional Requirements For Carbon Disulfide (Carbon Bisulfide) And Ethyl Ether. 151.50-41 Carbon Disulfide (Carbon Bisulfide). 151.50-42 Ethyl Ether. 151.50-50 Elemental Phosphorus In Water. 151.50-55 Sulfur (Molten). 151.50-60 Benzene. 151.50-70 Cargoes Requiring Inhibition Of Stabilization. 151.50-73 Chemical Protective Clothing. 151.50-74 Ethylidene Norbornene. 151.50-75 Ferric Chloride Solution. 151.50-76 Hydrochloric Acid, Spent (NTE 15%). 151.50-77 Fluorosilicic Acid (30% Or Less) (Hydrofluorosilicic Acid). 151.50-79 Methyl Acetylene-Propadiene Mixture. 151.50-80 Nitric Acid (70% Or Less). 151.50-81 Special Operating Requirements For Heat Sensitive Cargoes. 151.50-84 Sulfur Dioxide. 151.50-86 Alkyl (C7-C9) Nitrates. Subpart 151.55–Special Requirements For Materials Of Construction 151.55-1 General. Subpart 151.56–Prohibited Materials Of Construction 151.56-1 Prohibited Materials. Subpart 151.58–Required Materials Of Construction 1.51.58-1 Required Materials. Authority: 33 U.S.C. 1903; 46 U.S.C. 3703; Department of Homeland Security Delegation No. 0170.1. [SOURCE: CGFR 70-10, 35 FR 3714, Feb. 25, 1970, unless otherwise noted.] [EDITORIAL NOTE: Nomenclature changes for part 151 appear at CGD 88-100, 54 FR 40029, Sept. 29, 1989.] Subpart 151.01 – General §151.01-1 Applicability. This part applies to the following: (a) Oceangoing, as defined in 33 CFR 151.05(j), non-self-
propelled United States ships and non-self-propelled foreign ships operating in United States waters that carry a bulk cargo that is– (1) Listed in Table 151.05; (2) Not being carried in a portable tank regulated under subpart 98.30 or 98.33 of this chapter; and (3) Not an NLS or is an NLS cargo that is a Category D listed in §151.12-5 of this part. (b) All non-self-propelled United States ships that are not oceangoing that carry a bulk cargo that is– (1) Listed in Table 151.05, and (2) Not being carried in a portable tank regulated under subpart 98.30 or 98.33 of this chapter. [CGD 81-101, 52 FR 7776, Mar. 12, 1987, as amended by CGD 84-043, 55 FR 37413, Sept. 11, 1990] 46 CFR §151.01-2 Incorporation By Reference. (a) Certain standards and specifications are 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 the ones listed in paragraph (b) of this section, notice of change must be published in the FEDERAL REGISTER and the material made available to the public. All approved material is on file at the National Archives and Records Administration (NARA), and is available from the sources indicated in paragraph (b) of this section. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulati
ons/ibr_locations.html. (b) The standards and specifications approved for incorporation by reference in this part and the sections affected, are: American Society for Nondestructive Testing (ASNT) 4153 Arlingate Road, Caller num;28518, Columbus, OH 43228-
0518 ASNT "Recommended Practice No. SNT-TC-1A (1988), Personnel Qualification and Certification in Nondestructive Testing" 151.04-7(c)(2) American Society of Mechanical Engineers (ASME) International Three Park Avenue, New York, NY 10016-5990 ASME Boiler and Pressure Vessel Code Section V, Nondestructive Examination (1986) 151.04-7(a)(1) American Society for Testing and Materials (ASTM) 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. ASTM D 4986-98, Standard Test Method for Horizontal Burning Characteristics of Cellular Polymeric Materials--151.15-3 ASTM E 84-98, Standard Test Method for Surface Burning Characteristics of Building Materials--151.15-3 [CGD 85-061, 54 FR 50965, Dec. 11, 1989, as amended by USCG-1999-6216, 64 FR 53227, Oct. 1, 1999; 64 FR 67170, Dec. 1, 1999; 65 FR 10943, Mar. 1, 2000; 69 FR 18801, Apr. 9, 2004] §151.01-10 Application Of Vessel Inspection Regulations. (a) The regulations in this part are requirements which may be in addition to, supplement, or modify requirements in other subchapters in this chapter. When a specific requirement in another part or section in another subchapter in this chapter is in conflict with or contrary to requirement or intent expressed in this part, the regulations in this part shall take precedence. (b) Every unmanned tank barge which carries or is intended to carry in bulk any liquid or liquefied gas listed in Table 151.05 and has flammability or combustibility characteristics as indicated by a fire protection requirement in Table 151.05 shall be inspected and certificated under the provisions in subchapter D (Tank Vessels) of this chapter and the regulations in this part. (c) Every unmanned tank barge prior to the carriage in bulk of any liquid or liquefied gas listed in Table 151.05 which does not have the flammability or combustibility characteristics as indicated by the fire protection requirement in Table 151.05 shall be inspected and certificated under the applicable provisions of subchapter D or subchapter I of this chapter, at the option of the barge owner, in addition to the regulations in this part. However, unless the barge 216
owner notifies the Officer in Charge, Marine Inspection of his option to have the barge inspected and certificated under subchapter I at the time he submits the application for inspection (Form CG-3752), the unmanned tank barge shall be inspected and certificated under the provisions of subchapter D of this chapter and the regulations in this part. (c)(c-1) Each unmanned tank barge constructed on or after September 6, 1977, that carries in bulk a cargo listed in Table 151.05 and that is certificated under subchapter I of this chapter must meet the loading information requirements in §31.10-32 of this chapter. (d) The provisions of subchapter D of this chapter shall apply to all unmanned tank barges which carry in bulk any of the liquids or liquefied gases listed in Table 30.25-1 of this chapter. The provisions of this part shall not apply to such barges unless it is also desired to carry one or more of the liquids or liquefied gases listed in Table 151.05. (e) Manned barges which carry or intend to carry in bulk the cargoes specified in Table 151.05 will be considered individually by the Commandant and may be required to meet the requirements of this subchapter and of subchapter D (Tank Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter as applicable. [CGFR 70-10, 35 FR 3714, Feb. 25, 1970] §151.01-15 Dangerous Cargoes Not Specifically Named. (a) Any liquid or liquefied gas, which meets the definitions referred to in §151.01-1 and is not named in Table 151.05 or Table 30.25-
1 of this chapter shall not be transported in bulk in a manned or unmanned tank barge without the prior specific approval of the Commandant. (b) Mixtures or blends of two or more cargoes, one or more of which appears in Table 151.05, will be treated as though they were new products and specific approval of the Commandant must be obtained prior to undertaking their transportation. [CGFR-70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 81-101, 52 FR 7777, Mar. 12, 1987; CGD 81-101, 53 FR 28974, Aug. 1, 1988 and 54 FR 12629, Mar. 28, 1989; CGD 88-100, 54 FR 40029, Sept. 29, 1989] §151.01-20 Use Of Minimum Requirements. (a) The minimum requirements governing transportation of any liquid or liquefied gas listed in Table 151.05 are set forth in this part when such substances are carried in bulk in unmanned tank barges. (b) Before any liquid or liquefied gas listed in Table 151.05 may be carried in an unmanned tank barge, the certificate of inspection issued to such barge shall be appropriately endorsed to show approval to transport such cargo. [CFGR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 88-100, 54 FR 40029, Sept. 29, 1989] §151.01-25 Existing Barges. (a) Except as provided in paragraph (c) of this section, barges certified for, or used within the previous 2 years prior to the effective date of this regulation, or barges equivalent to such barges, for the transportation of any cargo regulated by this subchapter which do not meet the specific requirements herein, may be continued in service subject to the following conditions: (1) Venting, gauging, and all operating requirements shall be met within a 1-year period subsequent to the effective date. (2) All other requirements shall be met within a 2-year period subsequent to the effective date. (b) If an existing barge, which has been designed to carry or has regularly been carrying one or more of the cargoes regulated by this subchapter, is found to be so arranged, or outfitted that conversion to bring it into compliance with any or all of the requirements of this subchapter is impractical or impossible, the Commandant, upon application, may review the plans of the barge to determine if it is suitable and safe for the cargoes to be transported. (c) Except for operating and vinyl chloride requirements, barges constructed and certificated for the transportation of any cargo for which specific regulations existed, in parts 36, 38, 39, 40, and 98 of this chapter at the time of their construction or conversion, may continue and will be certificated to operate without the requirement that they comply with the provisions of subchapter O of this chapter. [CGFR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 74-167k, 40 FR 17026, Apr. 16, 1975] §151.01-30 Effective Date. (a) The regulations in this subchapter are effective on and after June 1, 1970. However, amendments, revisions, or additions shall become effective ninety (90) days after the date of publication in the FEDERAL REGISTER unless the Commandant shall fix a different time. (b) The regulations in this subchapter are not retroactive in effect unless specifically made so at the time the regulations are issued. Changes in specification requirements of articles of equipment, or materials used in construction of tank barges, shall not apply to such items which have been passed as satisfactory until replacement shall become necessary, unless a specific finding is made that such equipment or materials used is unsafe or hazardous and has to be removed from tank barges. §151.01-35 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 subpart 1.03 of this chapter. [CGD 88-033, 54 FR 50381, Dec. 6, 1989] Subpart 151.02 – Equivalents §151.02-1 Conditions Under Which Equivalents May Be Used. (a) Where in this part 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 including cargo segregation shall be adopted, the Commandant may accept in substitution therefor any other fitting, material, apparatus or equipment, or type thereof, or any other provision or arrangement. However, the Commandant shall be satisfied by suitable evidence that the fitting, material, appliance, apparatus, or equipment, or the type thereof, or the provision or arrangement shall be at least as effective as that specified in this part. (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 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 part. §151.02-5 Design Of Unmanned Barges. (a) In order not to inhibit design and application, the Commandant may approve vessels of novel design, both new and for conversion, after it is shown to his satisfaction that such a vessel is at least as safe as any vessel which meets the standards required by this part. (b) [Reserved] 217
Subpart 151.03 – Definitions §151.03-1 Definitions Of Terms. Certain terms used in the regulations in this subchapter are defined in this subpart. §151.03-3 Angle Of Downflooding. The angle of heel of the vessel at which any opening in the hull not provided with a water tight closure would be immersed. §151.03-5 Approved. This term means approved by the Commandant unless otherwise stated. §151.03-7 Barge. This term means any non-self-propelled vessel designed to carry cargo. §151.03-9 Cargo. This term means any liquid, gas or solid having one or more of the dangerous properties defined in this subchapter. §151.03-11 Coastwise. This designation refers to all vessels normally navigating the waters of any ocean or the Gulf of Mexico 20 nautical miles or less offshore. §151.03-13 Cofferdam. This term means a void or empty space separating two or more compartments for the purpose of isolation or to prevent the contents of one compartment from entering another in the event of the failure of the walls of one to retain their tightness. §151.03-15 Commandant. This term means Commandant of the U.S. Coast Guard. §151.03-17 Compatible. Compatible means that a cargo will not react in an unsafe manner with other cargo or materials used in construction of the barge. The prime considerations are the chemical, physical, or thermal properties of the reaction including heat, pressure, toxicity, stability, and explosive nature of the reaction and its end products. §151.03-19 Environment. This term refers to the atmosphere within a cargo tank and the spaces adjacent to the tank or spaces in which cargo is handled. §151.03-21 Filling Density. The ratio, expressed as a percentage, of the weight of cargo that may be loaded into a tank compared to the weight of water that the tank will hold at 60°F. The weight of a gallon of water at 60°F in air shall be 8.32828 pounds. §151.03-23 Flame Arrestor. Any device or assembly of cellular, tubular, pressure or other type used for preventing the passage of flames into enclosed spaces. §151.03-25 Flame Screen. A fitted single screen of corrosion-resistant wire of at least 30 by 30 mesh or two fitted screens, both of corrosion-resistant wire, of at least 20 by 20 mesh spaced not less than one-half inch or more than 1 1/2 inches apart. §151.03-27 Gas Free. Free from dangerous concentrations of flammable or toxic gases. §151.03-29 Great Lakes. A designation for all vessels in Great Lakes service. §151.03-30 Hazardous Material. In this part hazardous material means a liquid material or substance that is– (a) Flammable or combustible; (b) Designated a hazardous substance under section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321); or (c) Designated a hazardous material under 49 U.S.C. 5103. [NOTE: The Environmental Protection Agency designates hazardous substances in 40 CFR Table 116.4A. The Coast Guard designates hazardous materials that are transported as bulk liquids by water in §153.40.] [CGD 81-101, 52 FR 7777, Mar. 12, 1987, as amended by CGD 95-028, 62 FR 51209, Sept. 30, 1997] §151.03-31 Headquarters. The Office of the Commandant, U.S. Coast Guard, Washington, DC 20593-0001. [CGFR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 88-070, 53 FR 34535, Sept. 7, 1988] §151.03-33 Lakes, Bays, And Sounds. A designation for all vessels navigating the waters of any of the lakes, bays, or sounds other than the waters of the Great Lakes. §151.03-35 Limiting Draft. Maximum allowable draft to which a barge may be loaded. Limiting draft is a function of hull type and cargo specific gravity. A barge may be assigned different limiting drafts for different hull types or within one hull type for different specific gravities. §151.03-36 Liquid. In this part liquid includes liquefied and compressed gases. [CGD 81-101, 52 FR 7777, Mar. 12, 1987] §151.03-37 Maximum Allowable Working Pressure. The maximum allowable working pressure shall be as defined in section VIII of the ASME Boiler and Pressure Vessel Code. [CGFR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 85-061, 54 FR 50965, Dec. 11, 1989] §151.03-38 Nondestructive Testing. Nondestructive testing includes ultrasonic examination, liquid penetrant examination, magnetic particle examination, radiographic examination, eddy current, and acoustic emission. [CGD 85-061, 54 FR 50965, Dec. 11, 1989] §151.03-39 Ocean. A designation for all vessels normally navigating the waters of any ocean or the Gulf of Mexico more than 20 nautical miles offshore. §151.03-41 Officer In Charge, Marine Inspection (OCMI). This term means any person from the civilian or military branch of the Coast Guard designated as such by the Commandant and who, under the superintendence and direction of the Coast Guard District Commander, is in charge of an inspection zone for the performance of duties with respect to the enforcement and administration of Subtitle II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, and regulations issued under these statutes. [CGD 95-028, 62 FR 51209, Sept. 30, 1997] §151.03-43 Pressure. Terminology used in this part are: pounds per square inch gauge (p.s.i.g.) or pounds per square inch absolute (p.s.i.a.). 14.7 p.s.i.a. is equal to 0 p.s.i.g. P.s.i.g. is normally used in reference to design or operating requirements. §151.03-45 Rivers. 218
A designation for all vessels whose navigation is restricted to rivers and/or canals, exclusively. §151.03-47 Service. The waters upon which a vessel may be operated as endorsed upon the certificate of inspection. §151.03-49 Sounding Tube. This is an unperforated tube fitted to an ullage hole, secured so as to be vapor tight to the underside of the tank top open at the bottom, and extending to within 18 inches or less of the bottom of the tank. §151.03-51 Tank Barge. A non-self-propelled vessel especially constructed or converted to carry bulk liquid cargo in tanks. §151.03-53 Tankerman. The following ratings are established in part 13 of this chapter. The terms for the ratings identify persons holding valid merchant mariners' documents for service in the ratings issued under that part: (a) Tankerman-PIC. (b) Tankerman-PIC (Barge). (c) Restricted Tankerman-PIC. (d) Restricted Tankerman-PIC (Barge). (e) Tankerman-Assistant. (f) Tankerman-Engineer. [CGD 79-116, 60 FR 17157, Apr. 4, 1995] §151.03-55 [Reserved] Subpart 151.04 – Inspection and Certification §151.04-1 Certificate Of Inspection. (a) A certificate of inspection is required for every unmanned tank barge subject to the requirements in this subchapter. A certificate of inspection shall be issued to the barge or to its owners by the Officer in Charge, Marine Inspection, if the barge is found to comply with applicable inspection laws and the regulations in this chapter. (b) The certificate of inspection shall be endorsed with respect to the waters over which the barge may be operated. (c) The certificate shall be endorsed describing the cargoes by name as given in Table 151.05 or as specifically approved by the Commandant. No other dangerous cargo as defined in Subpart 151.01-1 shall be carried. Certificates shall specify maximum cargo weight (short tons), maximum density (pounds per gallon) and any operating limitations and a limiting draft. [CFGR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 88-100, 54 FR 40029, Sept. 29, 1989] §151.04-2 Inspection Required. (a) Every unmanned tank barge subject to the regulations in this subchapter shall be inspected every five years. More frequent inspections may be required, if necessary, by the Officer in Charge, Marine Inspection, to see that the hull, equipment and appliances of the vessel comply with the marine inspection laws, and the regulations of this subchapter and other subchapters where applicable. (b) [Reserved] §151.04-3 Initial Inspection. (a) The initial inspection which may consist of a series of inspections during the construction of an unmanned barge shall include a complete inspection of the structure, auxiliary machinery, and equipment. The inspection shall be such as to insure that the arrangement, materials, and scantlings of the hull structure, tanks and pressure vessels and their appurtenances comply with applicable regulations of this chapter and with the requirements of this part. (b) [Reserved] §151.04-5 Inspection For Certification. (a) An inspection for certification is a prerequisite of the reissuance of a Certificate of Inspection as provided for in applicable regulations of this chapter. (b) Unless otherwise specified in table 151.05, cargo tanks are internally examined as follows: (1) Where the cargo tank is of the gravity type and the structural framing is on the internal tank surface, the tank shall be inspected internally at the time of inspection for certification. (2) Where the cargo tank is of the gravity type and the structural framing is on the external tank surface accessible for examination from voids, cofferdams, double bottoms, and other similar spaces, tanks shall be inspected internally at 4-year intervals. (3) If the tank is a pressure-vessel type cargo tank, an internal inspection of the tank is conducted within– (3)(i) Ten years after the last internal inspection on an unmanned barge carrying cargo at temperatures of -67°F (-55°C) or warmer; or (3)(ii) Eight years after the last internal inspection if the tank is a pressure type cargo tank carrying cargo at temperatures colder than -67°F (-55°C). (4) Internal inspection may be required at more frequent intervals as deemed necessary by the Officer in Charge, Marine Inspection. (c) An external examination of unlagged tanks and the visible parts of lagged tanks is made at each biennial inspection. If the vessel has single skin construction, the underwater portion of the tank need not be examined unless deemed necessary by the Officer in Charge, Marine Inspection. If an external examination of the tank is not possible because of insulation, the owner shall ensure that– (1) The amount of insulation deemed necessary by the marine inspector is removed during each cargo tank internal inspection to allow spot external examination of the tanks and insulation; or (2) The thickness of the tanks is gauged by a nondestructive means accepted by the marine inspector without the removal of insulation. (d) If required by the Officer in Charge, Marine Inspection the owner shall conduct nondestructive testing of each tank designated by the Officer in Charge, Marine Inspection in accordance with §151.04-7. (e) If the Officer in Charge, Marine Inspection considers a hydrostatic test necessary to determine the condition of the tanks, the owner shall perform the test at a pressure of 1 1/2 times the tank's– (1) Maximum allowable pressure, as determined by the safety relief valve setting; or (2) Design pressure, when cargo tanks operate at maximum allowable pressures reduced below the design pressure in order to satisfy special mechanical stress relief requirements. [NOTE: See the ASME Code, Section VIII, Appendix 3 for information on design pressure.] 219
(f) Quick closing valves shall be tested by operating the emergency shutoff system from each operating point at the time of each vessel's inspection for certification. (g) Excess flow valves shall be inspected at the time of inspection for certification. The Officer in Charge, Marine Inspection, shall satisfy himself that the valve is in working condition by visual inspection, and if this is impossible, by one of the following means: (1) Removing the valve and bench testing ashore; the valve shall close at or below its rated closing flow. (2) By any other means acceptable to the Officer in Charge, Marine Inspection, which will demonstrate that the valve is operable. (h) Pressure vaccum relief valves shall be examined to determine that the operating mechanism is free and capable of activation. (i) Safety relief valves shall be tested by bench testing or other suitable means. The valves shall relieve and reseat within the design tolerances of the set pressure, or it shall be removed and reset prior to being returned to service. This test shall be conducted at the time of the inspection for certification. (j) Cargo hose stored on board the vessel which is used in transferring cargoes listed in Table 151.05 shall be inspected every 2 years. This inspection shall consist of a visual examination and a hydrostatic test of 1 1/2 times the maximum pressure to which the hose will be subjected in service. The date of the most recent inspection and the test pressure shall be stenciled or otherwise marked on the hose. (k) Cargo piping shall be inspected and tested at the same time as the cargo tanks. (l) If the tank is a pressure vessel type cargo tank with an internal inspection interval of 10 years, and is 30 years old or older, determined from the date it was built, the owner shall conduct nondestructive testing of each tank in accordance with §151.04-7, during each internal inspection. [CFGR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 88-100, 54 FR 40029, Sept. 29, 1989; CGD 85-061, 54 FR 50965, Dec. 11, 1989] §151.04-7 Nondestructive Testing. (a) Before nondestructive testing may be conducted to meet §151.04-5(d) and (l), the owner shall submit a proposal to the Officer in Charge, Marine Inspection that includes– (1) The test methods and procedures to be used all of which must meet section V of the ASME Boiler and Pressure Vessel Code (1986); (2) Each location on the tank to be tested; and (3) The test method and procedure to be conducted at each location on the tank. (b) If the Officer in Charge, Marine Inspection rejects the proposal, the Officer in Charge, Marine Inspection informs the owner of the reasons why the proposal is rejected. (c) If the Officer in Charge, Marine Inspection accepts the proposal, then the owner shall ensure that– (1) The proposal is followed; and (2) Nondestructive testing is performed by personnel meeting ASNT "Recommended Practice No. SNT-TC-1A (1988), Personnel Qualification and Certification in Nondestructive Testing." (d) Within 30 days after completing the nondestructive test, the owner shall submit a written report of the results to the Officer in Charge, Marine Inspection. [CGD 85-061, 54 FR 50966, Dec. 11, 1989] Subpart 151.05–Summary Of Minimum Requirements For Specific Cargoes §151.05-1 Explanation Of Column Headings In Table 151.05. (a) Cargo identification/name. This column identifies cargoes by name. Words in italics are not part of the cargo name but may be used in addition to the cargo name. When one entry references another entry by use of the word "see" and both names are in roman type, either name may be used as the cargo name (e.g., "Diethyl either see Ethyl ether"). However, the referenced entry is preferred. (b) Cargo identification/pressure. This column identifies cargo in terms of pressure within the tank. Terms used are: (1) Pressurized. Cargo carried at a pressure in excess of 10 pounds per square inch gauge as measured at the top of the tank (i.e., exclusive of static head). (2) Atmospheric pressure. Cargo carried at not more than 10 pounds per square inch gauge, exclusive of static head. (c) Cargo identification/temperature. This column identifies the cargo by the temperature of the cargo during transit. (1) Ambient temperature. Cargo which is carried at naturally occurring temperatures. (2) Low temperature. Cargo carried below ambient temperatures when the product temperature is below 0 °F. (3) Elevated temperature. Cargo carried above ambient temperatures. (d) Hull type. This column refers to the flotation features of the barge. Terms used are explained and defined in Subpart 151.10 of this part. (e) Cargo segregation/tanks. This column refers to the separation of the cargo from its surroundings. Terms are explained in §151.13-5 and in footnotes to Table 151.05 of this part. (f) Tanks/type. This column refers to the design requirements for cargo tanks and their placement within the hull of the vessel. Terms are explained in §151.15-1. (g) Tanks/venting. This column refers to arrangements for preventing excess pressure or vacuum within the cargo tank. Terms used are explained and defined in §151.15-5. (h) Tanks/gauging devices. This column refers to arrangements provided for determining the amount of cargo present in cargo tanks. Terms used are explained and defined in §151.15-10. (i) Cargo transfer/piping. This column refers to the classification of piping in accordance with Subchapter F of this chapter as discussed in §151.20-1. (j) Cargo transfer/control. This column refers to the valving requirements for the cargo piping system. These requirements are defined in §151.20-5. (k) Environmental control/cargo tanks. This column refers to control of the composition of the environment within cargo tanks. Definitions and detailed requirements are given in §151.25-1. (l) Environmental control/cargo handling space. This column 220
refers to control of the environment in the cargo handling spaces. Definitions and detailed requirements are found in §151.25-2. (m) Fire protection. This column specifies whether portable fire extinguishers are required on barges carrying the cargo named. Requirements for cargoes requiring extinguishers are given in Subpart 151.30 of this part. (n) Special requirements. This column refers to requirements in subparts 151.40, 151.50, 151.55, 151.56, and 151.58 of this part which apply to specific cargoes. The section numbers listed omit the preceding part designation, "151". (o) Electrical hazard class-group. This column lists the electrical hazard class and group used for the cargo when determining requirements for electrical equipment under subchapter J (Electrical engineering) of this chapter. (p) Temperature control installations. This column refers to systems which are used to control the temperature of the cargo. Definitions and requirements which are applicable if such systems are used are given in Subpart 151.40 of this part. (q) Tank inspection period. This column refers to the maximum period in years between internal cargo tank inspections. Applicable requirements are given in §151.04-5. [CGFR 70-10, 35 FR 3714, Feb. 25, 1970; 35 FR 6431, Apr. 22, 1970, as amended by CGD 74-275, 40 FR 21958, May 20, 1975; CGD 88-100, 54 FR 40029, Sept. 29, 19895; CGD 96-041, 61 FR 50731, Sept. 27, 1996; 65 FR 67136, Nov. 8, 2000] §151.05-2 Compliance With Requirements For Tank Barges Carrying Benzene And Benzene Containing Cargoes, Or Butyl Acrylate Cargoes. A tank barge certificated to carry benzene and benzene containing cargoes or butyl acrylate cargoes must comply with the gauging requirement of Table 151.05 of this part by August 15, 1998. Until that date, a tank barge certificated to carry benzene and benzene containing cargoes must meet either the gauging requirement of Table 151.05 or the restricted or closed gauging requirements in effect on September 29, 1994; and a tank barge certificated to carry butyl acrylate cargoes must meet either the gauging requirements of Table 151.05 or comply with the open, restricted, or closed gauging requirements in effect on September 29, 1994. [CGD 95-900, 60 FR 34050, June 29, 1995] 221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
Subpart 151.10 – Barge Hull Construction Requirements §151.10-1 Barge Hull Classifications. (a) Each barge constructed or converted in conformance with this subpart shall be assigned a hull type number. (1) Effective dates for certain requirements: (1)(i) Barges constructed or converted between July 1, 1964, and June 1, 1970, in accordance with the construction requirements of §§32.63 and 98.03 of this chapter are considered to comply with the basic provisions of this subpart and will retain the hull type classification for the service for which they were originally approved. Changes in product endorsement will not be considered a change in service, except when a change to a product of higher specific gravity necessitates a reevaluation of the intact and damage stability requirements in subpart E of part 172 of this chapter. (2) [Reserved] (b) For this purpose the barge hull types shall be defined as follows: (1) Type I barge hull. Barge hulls classed as Type I are those designed to carry products which require the maximum preventive measures to preclude the uncontrolled release of the cargo. These barges are required to meet: (1)(i) Standards of intact stability and a modified two compartment standard of subdivision and damage stability, as specified in subpart E of part 172 of this chapter; and (1)(ii) Hull structural requirements, including an assumed grounding condition. (2) Type I-S (special) barge hulls. Type I-S (special) barge hulls are those constructed or converted for the carriage of chlorine in bulk prior to July 1, 1964, and modified to higher stability standards prior to July 1, 1968, but not meeting the requirements for full Type I classification. (3) Type II barge hull. Barge hulls classed as Type II are those designed to carry products which require significant preventive measures to preclude the uncontrolled release of the cargo. These barges are required to meet: (3)(i) Standards of intact stability and a modified one compartment standard of subdivision and damage stability, as specified in subpart E of part 172 of this chapter; and (3)(ii) Hull structural requirements, including an assumed grounding condition. (4) Type III barge hull. Barge hulls classed as Type III are those designed to carry products of sufficient hazard to require a moderate degree of control. These barges are required to meet: (4)(i) Standards of intact stability as specified in subpart E of part 172 of this chapter; and (4)(ii) Hull structural requirements. [CGFR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 79-023, 48 FR 51008, Nov. 4, 1983; CGD 88-100, 54 FR 40040, Sept. 29, 1989] §151.10-5 Subdivision And Stability. Each barge must meet the applicable requirements in subchapter S of this chapter. [CGD 70-023, 48 FR 51009, Nov. 4, 1983] §151.10-15 Certificate Endorsement. (a)-(b) [Reserved] (c) Certificate endorsement. The following information shall be submitted, and upon approval of calculations shall form part of the endorsement on the Certificate of Inspection: (1) Limiting draft for each hull type service for which approval is requested. (2) Maximum density (lb./gal.) and maximum cargo weight (tons) for each tank for which approval is requested. Their weights will normally reflect uniform loading except that for trim purposes the individual tank cargo weight may exceed the uniform loading tank cargo weight, corresponding to the barge fresh water deadweight at the limiting draft, by 5 percent. Where a greater degree of nonuniform loading is desired, longitudinal strength calculations shall be submitted. [CGFR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 79-023, 48 FR 51009, Nov. 4, 1983] §151.10-20 Hull Construction. (a) Construction features. (1) Each barge hull shall be constructed with a suitable bow form (length, shape, and height of headlog) to protect against diving at the maximum speed at which the barge is designed to be towed. In any integrated tow, only the lead barge need comply with this requirement. (2) All "open hopper" type barges shall be provided with coamings around the hopper space and a 36-inch minimum height plowshare breakwater on the forward rake. The plowshare breakwater may be omitted, if it is demonstrated to the satisfaction of the Commandant that sufficient protection is achieved without it. Coamings shall have a minimum height of 36 inches forward and may be graduated to a minimum height of 24 inches at midlength and 18 inches thereafter. All hopper barges constructed with a weathertight rain shield over the hopper space are exempt from these requirements, except that they shall be provided with an 18-inch minimum coaming all around the hopper. (3) All "open hopper" type barges modified for the carriage of chlorine in bulk shall be provided with 36-inch minimum height coamings around the hopper. (4) All barges in ocean or coastwise service shall be provided with a structural deck and hatches in accordance with the applicable provisions of subchapter E of this chapter and the scantling requirements of the American Bureau of Shipping. (b) Hull structural requirements. (1) All Types I, II, and III barges shall comply with the basic structural requirements of the American Bureau of Shipping for barges of the ordinary types and the applicable supplementary requirements of this section. (2) Types I and II barges in inland service: A grounding condition shall be assumed where the forward rake bulkhead rests upon a pinnacle at the water surface. The maximum hull and tank bending moment and tank saddle reactions (if applicable) shall be determined. The hull bending stress shall not exceed the applicable limits of paragraphs (b)(2)(i), (ii), or (iii) of this section. The maximum tank bending moment and saddle reaction shall be used in the tank design calculations required by §151.15-2(b)(3). (2)(i) Independent tanks supported by only two saddles do not contribute to the strength and stiffness of the barge hull. In such 244
case, the hull stress shall not exceed either 50 percent of the minimum ultimate tensile strength of the material or 70 percent of the yield strength when specified, whichever is greater. (2)(ii) Independent tanks supported by three or more saddles contribute to the strength and stiffness of the hull. In such case, the hull stress shall not exceed the percentage stress values prescribed in §151.10-20(b)(2)(i), multiplied by the quantity (1.5-SWT/UTS), where SWT is the stress calculated without including the effect of the tanks, and UTS is the minimum ultimate tensile strength of the material. The value SWT, however, shall in no case be more than 75 percent of UTS. (2)(iii) Integral tanks may be considered as contributing to the strength and stiffness of the barge hull. The hull stresses for integral tank barges shall not exceed the percentage stress values prescribed in paragraph (b)(2)(i), of this section. (3) Types I and II barges in ocean service: (3)(i) Independent tank barges with tanks supported by three or more saddles shall be subjected to a 0.6L0.6 trochoidal wave hogsag analysis to determine the maximum hull and tank bending moments and tank saddle reactions. (3)(ii) All independent tank barges, regardless of the number of saddle supports shall be subject to a still water bending analysis to determine the hull bending moment. For those barges with independent tanks supported by three or more saddles, this analysis shall consider tank-hull interaction so as to determine tank bending moments and saddle reactions. (3)(iii) The still water tank bending moments and saddle reactions shall be superimposed upon those obtained by simultaneous application of the following dynamic loadings: (3)(iii)(a) Rolling 30° each side (120° full cycle) in 10 seconds. (3)(iii)(b) Pitching 6° half amplitude (24° full cycle) in 7 seconds. (3)(iii)(c) Heaving L/80 half amplitude (L/20 full cycle) in 8 seconds. (3)(iv) The hull structure and saddle support system shall be analyzed, using the maximum hull bending moments and saddle reactions obtained from the foregoing. Bending stress shall not exceed 60 percent of the yield strength or 42 percent of the minimum tensile strength of the material, whichever is less. Critical buckling strength shall be at least 75 percent greater than calculated buckling stresses. The maximum tank bending moments and saddle reactions shall be used in the tank design calculations required by §151.15-3(b)(8). Subpart 151.12 – Equipment and Operating Requirements for Control of Pollution from Catergory D NLS Cargoes [SOURCE: CGD 81-101, 52 FR 7777, Mar. 12, 1987, unless otherwise noted.] §151.12-5 Equipment For Category D NLS. The Coast Guard endorses the Certificate of Inspection and for ships making foreign voyages issues the endorsed NLS Certificate required by §151.12-10 for an oceangoing non-self-
propelled ship to carry as bulk cargo the following Category D NLSs if the ship meets the requirements of this part and the requirements applying to ships that carry Category D NLS cargoes in §§153.470, 153.486, and 153.490 of this chapter: Acetic acid Acrylic acid Adiponitrile Aminoethylethanolamine Ammonium bisulfite solution Butyl methacrylate Caustic soda solution Coal tar pitch Cyclohexanone Cyclohexanone, Cychexanol mixture Dichloromethane 2,2-Dichloropropionic acid Diethylenetriamine N,N-Dimethylacetamide Dimethylethanolamine Dimethylformamide 1,4-Dioxane Ethanolamine N-Ethylcyclohexylamine Ethylene cyanohydrin Ethylene glycol monoalkyl ethers Ethyl methacrylate Formic acid Glutaraldehyde solution Glyoxylic acid solution (50% or less) Hydrochloric acid Mesityl oxide Methyl methacrylate Morpholine 1- or 2-Nitropropane Phosphoric acid Polyethylene polyamines Polymethylene polyphenyl isocyanate Propionic acid iso-Propyl ether Pyridine Tetraethylenepentamine Tetrahydrofuran Triethanolamine Triethylenetetramine [CGD 81-101, 52 FR 7777, Mar. 12, 1989, as amended by CGD 88-100, 54 FR 40040, Sept. 29, 1989; CGD 92-100, 59 FR 17028, Apr. 11, 1994; CGD 94-900, 59 FR 45139, Aug. 31, 1994; CGD 94-902, 60 FR 34043, June 29, 1995; 65 FR 67136, Nov. 8, 2000] §151.12-10 Operation Of Oceangoing Non-Self-Propelled Ships Carrying Category D NLS. (a) An oceangoing non-self-propelled ship may not carry in a cargo tank a Category D NLS cargo listed under §151.12-5 unless the ship has on board a Certificate of Inspection and for ships making foreign voyages an NLS Certificate endorsed under that section to allow the cargo tank to carry the NLS cargo. (b) The person in charge of an oceangoing non-self-propelled ship that carries a Category D NLS listed under §151.12-5 shall ensure that the ship is operated as prescribed for the operation of oceangoing ships carrying Category D NLSs in §§153.901, 153.909, 153.1100, 153.1102, 153.1104, 153.1106, 153.1124, 153.1126, 153.1128, 153.1130 and 153.1132 of this chapter. [CGD 81-101, 52 FR 7777, Mar. 12, 1987, as amended by CGD 81-101, 53 FR 28974, Aug. 1, 1988 and 54 FR 12629, Mar. 28, 1989] Subpart 151.13 – Cargo Segregation §151.13-1 General. This subpart prescribes the requirements for cargo segregation for cargo tanks. These requirements are based on considerations of cargo reactivity, stability, and contamination of the surroundings and other cargoes. [CGD 88-100. 54 FR 40029, Sept. 29, 1989, as amended by CGD 96-041, 61 FR 50731, Sept. 27, 1996] §151.13-5 Cargo Segregation–Tanks. 245
(a) The configurations listed in this paragraph refer to the separation of the cargo from its surroundings and list the various degrees of segregation required. Paragraphs and (2) of this section explain the symbols used in lines 1 and 2, in order, under the tank segregation column of Table 151.05. (1) Segregation of cargo from surrounding waters (Line 1 of Table 151.05). i = Skin of vessel (single skin) only required. Cargo tank wall can be vessel's hull. ii = Double skin required. Cargo tank wall cannot be vessel's hull. NA = Nonapplicable for this case. Independent tanks already have such segregation built in through design. (2) Segregation of cargo space from machinery spaces and other spaces which have or could have a source of ignition (Line 2 of Table 151.05). i = Single bulkhead only required. Tank wall can be sole separating medium. ii = Double bulkhead, required. Cofferdam, empty tank, pumproom, tank with Grade E Liquid (if compatible with cargo) is satisfactory. (b) [Reserved] (c) If a cofferdam is required for segregation purposes and a secondary barrier is required for low temperature protection by §151.15-3(d)(4), the void space between the primary and secondary barriers shall not be acceptable in lieu of the required cofferdam. [CGFR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 75-59, 45 FR 70273, Oct. 23, 19805; CGD 96-041, 61 FR 50731, Sept. 27, 1996] Subpart 151.15 – Tanks §151.15-1 Tank Types. This section lists the definitions of the various tank types required for cargo containment by Table 151.05. (a) Integral. A cargo containment envelope which forms a part of the vessel's hull in which it is built, and may be stressed in the same manner and by the same loads which stress the contiguous hull structure. An integral tank is essential to the structural completeness of its vessel's hull. (b) Independent. A cargo containment envelope which is not a contiguous part of the hull structure. An independent tank is built and installed so as to eliminate, wherever possible (or, in any event, to minimize) its stressing as a result of stressing or motion of the adjacent hull structure. In general, therefore, motion of parts of the tank relative to the adjacent hull structure is possible. An independent tank is not essential to the structural completeness of its carrying vessel's hull. (c) Gravity. Tanks having a design pressure (as described in Part 54 of this chapter) not greater than 10 pounds per square inch gauge and of prismatic shape or other geometry where stress analysis is neither readily nor completely determinate. (Integral tanks are of the gravity type.) (d) Pressure. Independent tanks whose design pressure (as described in Part 54 of this chapter) is above 10 pounds per square inch gauge and fabricated in accordance with part 54, of this chapter. Independent gravity tanks which are of normal pressure vessel configuration (i.e., bodies of revolution, in which the stresses are readily determinate) shall be classed as pressure vessel type tanks even though their maximum allowable working pressure is less than 10 pounds per square inch gauge. Pressure vessel tanks shall be of Classes I, I-L, II, II-L, or III, as defined in subchapter F of this chapter. §151.15-3 Construction. This section lists the requirements for construction of the types of cargo tanks defined in §151.15-1. (a) Gravity type tanks. Gravity type cargo tanks vented at a pressure of 4 pounds per square inch gauge or less shall be constructed and tested as required by standards established by the American Bureau of Shipping or other recognized classification society. Gravity type tanks vented at a pressure exceeding 4 but not exceeding 10 pounds per square inch gauge will be given special consideration by the Commandant. (b) Pressure vessel type tanks. Pressure vessel type tanks shall be designed and tested in accordance with the requirements of Part 54 of this chapter. (1) Uninsulated cargo tanks, where the cargo is transported, at or near ambient temperatures, shall be designed for a pressure not less than the vapor pressure of the cargo at 115°F. The design shall also be based on the minimum internal pressure (maximum vacuum), plus the maximum external static head to which the tank may be subjected. (2) When cargo tanks, in which the cargo is transported at or near ambient temperature, are insulated with an insulation material of a thickness to provide a thermal conductance of not more than 0.075 B.t.u. per square foot per degree Fahrenheit differential in temperature per hour, the tanks shall be designed for a pressure of not less than the vapor pressure of the cargo at 105°F. The insulation shall also meet the requirements of paragraph (f) of this section. (3) Cargo tanks in which the temperature is maintained below the normal atmospheric temperature by refrigeration or other acceptable means shall be designed for a pressure of not less than 110 percent of the vapor pressure corresponding to the temperature of the liquid at which the system is maintained, or the pressure corresponding to the greatest dynamic and static loads expected to be encountered in service. For mechanically stressed relieved cargo tanks, additional factors relating design pressure and maximum allowable pressure shall be as specified by the Commandant. The material of the tank shall meet the material requirements specified in part 54 of this chapter for the service temperature, and this temperature shall be permanently marked on the tank as prescribed in §54.10-20 of this chapter. (4) The maximum allowable temperature of the cargo is defined as the boiling temperature of the liquid at a pressure equal to the setting of the relief valve. (5) The service temperature is the minimum temperature of a product at which it may be contained, loaded and/or transported. However, the service temperature shall in no case be taken higher than given by the following formula. t
z
= t
w
- 0.25(t
w
- t
B
) where: t
z
= Service temperature. t
w
= Boiling temperature of gas at normal working pressure of container but not higher than +32°F. t
B
= Boiling temperature of gas at atmospheric pressure. Under normal circumstances, only temperatures due to refrigerated service will be considered in determining the service temperature. Refrigerated service for purposes of this paragraph is defined as service where the temperature is controlled in the 246
process rather than being caused by atmospheric conditions. (6) Heat transmission studies, where required, shall assume the minimum ambient temperatures of 0°F still air and 32°F still water, and maximum ambient temperatures of 115°F still air and 90°F still water. (7) Where applicable, the design of the cargo tanks shall investigate the thermal stresses induced in the tanks at the service temperature. (8) Calculations showing the stress level in the tanks under dynamic loading conditions for ocean service barges (see §151.10-20(b)(4)) and grounding conditions for inland service barges (see §151.10-20(b)(2)) shall be submitted to the Commandant for approval. These calculations shall take into account the local stresses due to the interaction between the barge hull and the tanks. (c) High density cargo. Cargoes with a specific gravity greater than that for which the scantlings of the tank are designed may be carried provided that: (1) The maximum cargo weight (tons) in a specific tank does not exceed the maximum cargo weight (tons) endorsed on the certificate of inspection. (2) The scantlings of the tank are sufficient to prevent rupture under a full head of the higher density cargo. Scantlings meeting ordinary bulkhead requirements for the full head will satisfy this requirement. (d) Arrangements– (1) Collision protection. (i) Tanks containing cargoes which are required to be carried in Type I hulls by Table 151.05 shall be located a minimum of 4 feet inboard from the side shell and box end of the vessel. Tanks containing cargoes which are required to be carried in Type II hulls by Table 151.05 shall be located a minimum of 3 feet inboard from the side shell and box end of the vessel. (1)(ii) All independent cargo tanks installed on Type I or Type II barge hulls shall be protected with suitable collision chocks or collision straps. A longitudinal collision load of one and one half times the combined weight of the tank and the cargo shall be assumed. All other independent cargo tanks shall be provided with suitable collision chocks or collision straps assuming a longitudinal collision load equal to the combined weight of the tank and the cargo. The design bearing stress shall not exceed 2 times the yield strength or 1.5 times the minimum ultimate strength, whichever is less. (1)(iii) Tanks containing cargoes, which are required to be carried in Type I or Type II hulls by Table 151.05, shall be located a minimum of 25 feet from the head log at the bow. Box barges and trail barges need not comply with this requirement. (2) Inspection clearances. The distance between tanks or between a tank and the vessel's structure shall be such as to provide adequate access for inspection and maintenance of all tank surfaces and hull structure; but shall not normally be less than 15 inches except in way of web frames or similar major structural members where the minimum clearance shall be equal to the flange or faceplate width. (3) Access openings. Each tank shall be provided with at least a 15" x 18" diameter manhole, fitted with a cover located above the maximum liquid level as close as possible to the top of the tank. Where access trunks are fitted to tanks, the diameter of the trunks shall be at least 30 inches. (4) Low temperature protection. (i) When low temperature cargoes are to be carried in gravity type tanks at a temperature lower than that for which the hull steel is adequate, a secondary barrier designed to contain leaked cargo temporarily shall be provided. The design of the cargo containment system shall be such that under normal service conditions, or upon failure of the primary tank, the hull structure shall not be cooled down to a temperature which is unsafe for the materials involved. The secondary barrier and structural components of the hull which may be exposed to low temperatures shall meet the material requirements (i.e., chemistry and physical properties) specified in part 54 of this chapter for the service temperature involved. Heat transmission studies and tests may be required to demonstrate that the structural material temperatures in the hull are acceptable. (4)(ii) The design shall take into consideration the thermal stresses induced in the cargo tank at the service temperature during loading. (4)(iii) Where necessary, devices for spray loading or other methods of precooling or cooling during loading shall be included in the design. (4)(iv) Pressure-vessel type tanks shall be radiographed in accordance with the requirements of part 54 of this chapter. For gravity type tanks, all weld intersections or crossings in joints of primary tank shells shall be radiographed for a distance of 10 thicknesses from the intersection. All other welding in the primary tank and in the secondary barrier, shall be spot radiographed in accordance with the requirements specified in part 54 of this chapter for Class II-L pressure vessels. (4)(v) For nonpressure vessel type containment systems, access shall be arranged to permit inspection one side each of the primary tank and secondary barrier, under normal shipyard conditions. Containment systems which, because of their peculiar design, cannot be visually inspected to this degree, may be specially considered provided an equivalent degree of safety is attained. (e) Installation of cargo tanks. (1) Cargo tanks shall be supported on foundations of steel or other suitable material and securely anchored in place to prevent the tanks from shifting when subjected to external forces. Each tank shall be supported so as to prevent the concentration of excessive loads on the supporting portions of the shell or head. (2) Foundations, and stays where required, shall be designed for support and constraint of the weight of the full tank, and the dynamic loads imposed thereon. Thermal movement shall also be considered. (3) Foundations and stays shall be suitable for the temperatures they will experience at design conditions. (4) Cargo tanks may be installed "on deck," "under deck," or with the tanks protruding through the deck. All tanks shall be installed with the manhole openings located in the open above the weather deck. Provided an equivalent degree of safety is attained, the Commandant may approve cargo tanks installed with manhole openings located below the weather deck. Where a portion of the tank extends above the weather deck, provision shall be made to maintain the weathertightness of the deck, except that the weathertightness of the upper deck need not be maintained on: (4)(i) Vessels operating on restricted routes which are sufficiently protected; or, (4)(ii) Open hopper type barges of acceptable design. (5) No welding shall be performed on tanks which require and have been stress relieved unless authorized by the Commandant. 247
(f) Materials. (1) Materials used in the construction of cargo tanks shall be suitable for the intended application and shall be in accordance with the applicable requirements of part 54 of this chapter. For cargoes carried at low temperatures, the tank supports and foundations, and portions of the hull which may be exposed to low temperature, shall also meet the applicable requirements of that part. (2) When required, cargo tanks shall be lined with rubber or other material acceptable to the Commandant. The interior surfaces of the cargo tanks shall be made smooth, welds chipped or ground smooth, and the surfaces thoroughly cleaned before the lining is applied. The lining material shall be resistive to attack by the cargo, not less elastic than the metal of the tank proper, and nonporous when tested after application. It shall be of substantially uniform thickness. The lining shall be directly bonded to the tank plating, or attached by other satisfactory means acceptable to the Commandant. (g) Insulation. (1) Insulation, when provided, shall be compatible with the cargo and the tank materials. (2) Insulation in a location exposed to possible high temperature or source of ignition shall be one of the following: (2)(i) Incombustible, complying with the requirements of Subpart 164.009 of Part 164 of this chapter; or (2)(ii) Fire retardant, having a flame spread rating of 50 or less as determined by ASTM Specification E 84 (incorporated by reference, see §151.01-2) (Tunnel Test); or, (2)(iii) Nonburning or "self-extinguishing" as determined by ASTM Specification D 4986, "Horizontal Burning Characteristics of Cellular Polymeric Materials" (incorporated by reference, see §151.01-2) and covered by a steel jacket having a minimum thickness of 18 gauge (0.0428 inches) (U.S. Standard Gauge) or an equivalent means of protection acceptable to the Commandant. (3) Insulation in a location protected against high temperature or source of ignition need satisfy no requirement for combustibility. (4) Insulation shall be impervious to water vapor, or have a vapor-
proof coating of a fire-retardant material acceptable to the Commandant. Unless the vapor barrier is inherently weather resistant, tanks exposed to the weather shall be fitted with a removable sheet metal jacket of not less than 18 gauge over the vapor-proof coating and flashed around all openings so as to be weathertight. Insulation which is not exposed to the weather when installed on tanks carrying cargoes above ambient temperatures need not be impervious to water vapor nor be covered with a vapor-proof coating. (5) Insulation shall be adequately protected in areas of possible mechanical damage. (h) Fire exposure protection. Tanks which are provided with fire exposure protection of one of the following categories may be allowed a reduction in the size of relief valves. (1) Approved incombustible insulation meeting the requirements of subpart 164.007 of part 164 of this chapter which is secured to the tank with steel bands. (2) Located in a hold or protected by a self-supporting steel jacket or cover (such as a hopper cover) of at least 10 gauge (0.1345) for insulation. (i) Tanks not protected against fire exposure as described in this paragraph shall not be permitted a reduction in size of relief valves. [CFGR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 88-100, 54 FR 40040, Sept. 29, 1989; 64 FR 67170, Dec. 1, 1999; 65 FR 10943, Mar. 1, 2000; 65 FR 58455, Sept. 29, 2000] §151.15-5 Venting. This section contains definitions and requirements for the various methods of venting specified in Table 151.05. In addition to the requirement that all vents must penetrate into tanks at the top of the vapor space, the following methods of venting and the applicable restrictions are listed: (a) Open venting. A venting system which offers no restriction (except pipe losses and flame screen, where used) to the movement of liquid or vapor to or from the cargo tank (via the vent) under normal operating conditions. The total cross-sectional area of the vents shall not be less than the total cross-sectional area of the filling pipe or pipes. Ullage openings may be counted as part of the required cross-sectional area: Provided, That each cargo tank has at least one permanent vent. The minimum size of a cargo tank vent shall be not less than 2 1/2 inches. The outlet end of the vent shall terminate in a gooseneck bend and shall be located at a reasonable height above the weather deck, clear of all obstructions. No shut-off valve or frangible disk shall be fitted in the vent lines except that a float check valve may be installed so as to exclude the entry of water into the tank (i.e., to prevent downflooding). An open venting system may be fitted with a flame screen. (b) Pressure-vacuum venting. A normally closed venting system fitted with a device to automatically limit the pressure or vacuum in the tank to design limits. Pressure-vacuum relief valves shall comply with the requirements of subpart 162.017 of this chapter. The required capacity of the venting system shall be in accordance with part 54 of this chapter. (c) Safety relief venting. A closed venting system fitted with a device to automatically limit the pressure in the tank to below its maximum allowable working pressure. The maximum safety relief valve setting shall not exceed the maximum allowable working pressure of the tank. For cargoes carried at ambient temperatures, the minimum safety relief valve setting shall correspond to the saturated vapor pressure of the cargo at 105°F if carried in an insulated tank, or 115°F if carried in an uninsulated tank. For cargoes carried below ambient temperature, the safety relief valve setting shall be selected to provide a suitable margin between normal operating pressure of the tank and the opening pressure of the valve but in no case shall it exceed the maximum allowable working pressure of the tank. The safety relief valves shall be of a type approved under subparts 162.001 or 162.018 of subchapter Q of this chapter. The required capacity of the safety relief valves shall be in accordance with the requirements of part 54 of this chapter. (d) Rupture disks. (1) When required by the nature of the cargo, rupture disks may be installed in lieu of or in addition to other pressure limiting devices in accordance with the requirements of §54.15-13 of this chapter. (2) When a pressure-vacuum relief valve or safety relief valve normally protected by a rupture disk or breaking pin device is exposed to the cargo due to breakage of the disk, the valve shall be reinspected before being returned to service. §151.15-6 Venting Piping. (a) The back pressure in the relief valve discharge lines shall be taken into account when determining the flow capacity of the relief valve to be used. The back pressure in the discharge line shall be limited to 10 percent of the valve operating pressure or a compensating-type valve shall be used. Suitable provision shall 248
be made for draining condensate which may accumulate in the vent piping. (b) [Reserved] §151.15-10 Cargo Gauging Devices. This section contains definitions and requirements for types of gauging devices specified in Table 151.05. (a) Open gauging. A gauging method which uses an opening in the cargo tank and which may expose the gauge user to the cargo and its vapors. Examples of this type are gauge hatch, ullage hole. (b) Restricted. A gauging device which penetrates the cargo tank and which, in operation, causes or permits the release to the atmosphere of small quantities of cargo vapor or liquid. The amount of cargo released is controlled by the small diameter of the tank penetration opening and by a locally operated valve or similar closure device in that opening. When not in use, this type gauging device is closed to maintain the complete integrity of cargo containment. Examples of this type are rotary tube, fixed tube, slip tube, sounding tube. (See §§151.03-43 and 151.15-
10(g).) (c) Closed. A gauging device which penetrates the cargo tank, but which is part of a closed system maintaining the complete integrity of cargo containment. This device is designed and installed so as not to release cargo liquid or vapor in any amount to the atmosphere. Examples of this type are automatic float, continuous tape (magnetic coupled), sight glass (protected), electronic probe, magnetic, differential pressure cell. (d) Isolated or indirect. A gauging method or device which is isolated from the tank (no penetration of the tank shell) and which may employ an indirect measurement to obtain the desired quantity. Examples of this type are weighing of cargo, sonic depth gauge (without penetration of tank shell), pipe flow meter. (e) All gauging devices and related fixtures which form a part of the cargo containment barrier shall be of suitable material and shall be designed for the pressure and temperature of the cargo in accordance with the requirements of Subchapter F of this chapter. (f) Use of restricted gauging devices. (1) When required in Table 151.05, cargoes carried under pressure shall have restricted gauging devices designed so that the maximum bleed valve opening is not larger than 0.055;inch; diameter, unless provided with an excess flow valve. Sounding tubes are prohibited for use with cargoes having a vapor pressure in excess of 14.7 p.s.i.a. at 115°F, if carried in an uninsulated tank, or at 105°F, if carried in an insulated tank. (2) When utilizing a sounding tube, the cargo tank vent system shall be designed to prevent the discharge of cargo through the sounding tube due to pressure build up in the cargo tank vapor space. (See §151.03-43) When cargoes carried at atmospheric pressure are required to have a restricted gauging device, open gauges may be provided in addition to restricted gauges for this type of cargo. However, open gauges may not be used while cargo transfer operations are actually being performed. (g) Fixed tube gauges are not acceptable as primary means of gauging. They may be used as a check on the calibration of other gauging devices. (h) For pressure-vessel type tanks, each automatic float, continuous reading tape or similar type gauge not mounted directly on the tank or dome shall be fitted with a shutoff device located as close to the tank as practicable. When an automatic float gauging device, which gauges the entire height of the tank, is used, a fixed tube gauge set in the range of 85 percent to 90 percent of the water capacity of the tank shall be provided in addition as a means of checking the accuracy of the automatic float gauge, or other alternate means acceptable to the Commandant may be used. (i) Gauge glasses of the columnar type are prohibited. (j) Flat sight glasses may be used in the design of automatic float continuous reading tape gauges. However such glasses shall be made of high strength material, suitable for the operating temperatures, of not less than one-half inch in thickness and adequately protected by a metal cover. Subpart 151.20 – Cargo Transfer §151.20-1 Piping–General. (a) Cargo piping systems shall be arranged and fabricated in accordance with this section and Subchapter F. The class of piping system required for a specific cargo shall be as listed in Table 151.05 as a minimum; however, a higher class may be required when the actual service temperature or pressure so dictates. See Table 56.04-2 of this chapter. (b) Piping system components shall be suitable for use with the cargoes for which the barge is certificated, and shall be of materials listed in Subchapter F of this chapter, or such other material as the Commandant may specifically approve. All piping materials shall be tested in accordance with the requirements of Subchapter F of this chapter. The valve seat material, packing, gaskets, and all other material which comes into contact with the cargo shall be resistant to the chemical action of the cargoes for which the barge is certificated. (c) Cargo piping systems, when subject to corrosive attack of the cargo, and when serving cargo tanks which are required by this subchapter to be lined or coated, shall be constructed of, lined or coated with corrosion-resistant material. Vent systems shall be similarly constructed, lined, or coated up to and including the vent control device. (d) All piping systems components shall have a pressure rating at operating temperature (according to the applicable American National Standards Institute, Inc., pressure/temperature relations) not less than the maximum pressure to which the system may be subjected. Piping which is not protected by a relief valve, or which can be isolated from its relief valve, shall be designed for the greatest of: (1) The cargo vapor pressure at 115°F. (2) The maximum allowable working pressure of the cargo tank. (3) The pressure of the associated pump or compressor relief valve. (4) The total discharge head of the associated pump or compressor where a discharge relief valve is not used. The escape from cargo piping system relief valves shall be run to venting system or to a suitable recovery system. Provisions shall be made for pressure relief of all piping, valves, fittings, etc., in which excessive pressure build-up may occur because of an increase in product temperature. (e) Provisions shall be made by the use of offsets, loops, bends, expansion joints, etc., to protect the piping and tank from excessive stress due to thermal movement and/or movements of the tank and hull structure. Expansion joints shall be held to a minimum and where used shall be subject to individual approval by the Commandant. (f) Low temperature piping shall be isolated from the hull structure. Where necessary, arrangements to provide for the protection of the hull structure from leaks in low temperature 249
systems in way of pumps, flanges, etc., shall be provided. (g) Connections to tanks shall be protected against mechanical damage and tampering. Underdeck cargo piping shall not be installed between the outboard side of cargo containment spaces and the skin of the barge, unless provision is made to maintain the minimum inspection and collision protection clearances (where required) between the piping and the skin. Cargo piping which is external to tanks, and is installed below the weather deck shall be joined by welding, except for flanged connections to shutoff valves and expansion joints. (h) Piping shall enter independent cargo tanks above the weatherdeck, either through or as close to the tank dome as possible. (i) Horizontal runs of cargo piping on integral tank barges may be run above or below the weatherdeck. When run below the weatherdeck, the following are applicable: (1) Horizontal runs located entirely within integral cargo tanks shall be fitted with a stop valve, located inside the tank that is being serviced and operable from the weatherdeck. There shall be cargo compatibility in the event of a piping failure. (2) Horizontal runs of cargo piping installed in pipe tunnels may penetrate gravity type tanks below the weatherdeck: Provided, That each penetration is fitted with a stop valve operable from the weatherdeck. If the tunnel is directly accessible from the weatherdeck without penetrating the cargo tank, the stop valve shall be located on the tunnel side. If the tunnel is not accessible from the weatherdeck, the valve shall be located on the tank side of the penetration. (3) The tunnel shall comply with all tank requirements for construction, location, ventilation, and electrical hazard. There shall be cargo compatibility in the event of a piping failure. (4) The tunnel shall have no other openings except to the weatherdeck or a cargo pumproom. §151.20-5 Cargo System Valving Requirements. For the purpose of adequately controlling the cargo, both under normal operating and casualty conditions, every cargo piping system shall be provided with one of the following sets of control valves and meet the requirements listed below. Cargo tanks, whether gravity or pressure vessel type, for cargoes having a saturated vapor pressure of 10 pounds per square inch gauge or less at 115°F (105°F if the tank is insulated) shall be provided with a valving system designated as Gravity-1. Cargo tanks, whether gravity or pressure vessel type, for cargoes which are carried below ambient temperature and whose vapor pressure is maintained at 10 pounds per square inch gauge or below shall be provided with a valving system designated as Gravity-2. Cargo tanks for cargoes which have vapor pressures above 10 p.s.i.g. at 115°F (105°F if tank is insulated) shall be provided with a valving system designated as Pressure-1. Cargo tanks for cargoes which have vapor pressures above 10 pounds per square inch gauge at 115°F (105°F if tank is insulated) and which require greater protection due to their hazardous characteristics shall be provided with a valving system designated as Pressure-2. The requirements of paragraphs (a) through (d) of this section for stop valves or excess flow valves to be fitted at tank penetrations are not applicable to nozzles at which pressure vacuum or safety relief valves are fitted. (a) Gravity-1 (G-1). (1) One manually operated stop valve shall be installed on each tank filling and discharge line, located near the tank penetration. (2) One stop valve or blind flange shall be installed at each cargo hose connection. When a cargo hose connection is in use, it shall be provided with a stop valve; which may be part of the vessel's equipment or may be part of the shore facility and attached to the barge end of the loading hose. When a cargo hose connection is not in use, it may be secured with a blind flange. (3) If individual deepwell pumps are used to discharge the contents of each cargo tank, and the pumps are provided with a remote shutdown device, a stop valve at the tank is not required on the tank discharge line. (b) Gravity-2 (G-2). (1) One manually operated stop valve shall be installed on each tank penetration, located as close as possible to the tank. (2) One remote operated, quick closing shut-off valve shall be installed at each cargo hose connection. (3) A remote shutdown device shall be installed for all cargo handling machinery. (c) Pressure-1 (P-1). (1) One manually operated stop valve and one excess flow valve shall be installed on each tank penetration, located as close as possible to the tank. (2) One manually operated stop valve shall be installed at each cargo hose connection, when in use. (d) Pressure-2 (P-2). (1) One manually operated stop valve and one excess flow valve shall be installed at each tank penetration, located as close as possible to the tank. (2) One remote operated quick closing shutoff valve shall be installed at each cargo hose connection when in use. (3) No tank penetration shall be less than 1 inch diameter. (e) Cargo tank penetrations which are connections for gauging or measuring devices need not be equipped with excess flow or remote operated quick closing valves provided that the opening is constructed so that the outward flow of tank contents shall not exceed that passed by a No. 54 drill size (0.055-inch diameter). (f) The control system for any required quick closing shutoff valves shall be such that the valves may be operated from at least two remote locations on the vessel; if means of fire protection is required by Table 151.05, the control system shall also be provided with fusible elements designed to melt between 208°F and 220°F, which will cause the quick closing shutoff valves to close in case of fire. Quick closing shutoff valves shall be of the fail-closed (closed on loss of power) type and be capable of local manual operation. Quick closing shutoff valves shall operate from full open to full closed under all service conditions in not more than 10 seconds, without causing excessive pressure surges. (g) Excess flow valves, where required, shall close automatically at the rated closing flow of vapor or liquid as tested and specified by the manufacturer. The piping, including fittings, valves, and appurtenances protected by an excess flow valve, shall have a greater capacity than the rated closing flow of the excess flow valve. Excess flow valves may be designed with a bypass not to exceed 0.040-inch diameter opening to allow equalization of pressure, after an operating shutdown. (h) Suitable means shall be provided to relieve the pressure and remove liquid contents from cargo lines and hoses to the cargo tank or other safe location prior to effecting disconnections. §151.20-10 Cargo System Instrumentation. (a) Each tank operated at other than ambient temperature shall be provided with at least one remote reading temperature sensor 250
located in the liquid phase of the cargo. The temperature gauge shall be located at the cargo handling control station or another approved location. (b) Where required, each tank equipped with safety relief valves shall be fitted with a pressure gauge which shall be located at the cargo handling control station or at another approved location. §151.20-15 Cargo Hose If Carried On The Barge. (a) Liquid and vapor line hose used for cargo transfer shall be of suitable material resistant to the action of the cargo. Hose shall be suitable for the temperatures to which it may be subjected and shall be acceptable to the Commandant. (b) Hose subject to tank pressure, or the discharge pressure of pumps or vapor compressors, shall be designed for a bursting pressure of not less than 5 times the maximum safety relief valve setting of the tank, pump, or compressor, whichever determines the maximum pressure to which the hose may be subjected in service. (c) Each new type of cargo hose, complete with end fittings, shall be prototype tested to a pressure not less than five times its specified maximum working pressure. The hose temperature during this prototype test shall duplicate the intended extreme service temperature. Thereafter, each new length of cargo hose produced shall be hydrostatically tested at ambient temperature to a pressure not less than twice its maximum working pressure nor more than two-fifths its bursting pressure. The hose shall be marked with its maximum working pressure, and if used in other than ambient temperature service, its maximum or minimum temperature. §151.20-20 Cargo Transfer Methods. (a) Cargo transfer may be accomplished by means of gravity, pumping, vapor or gas pressurization, or fluid displacement unless otherwise provided in Subpart 151.50 of this part. (b) Vapor or gas pressurization may be used only in transferring cargo from pressure vessel type cargo tanks. The pressurizing vapor or gas lines shall be provided with safety relief device in the lines set to open at a pressure no greater than 90 percent of the set pressure of the cargo tank safety relief valve. The pressurizing line shall be fitted with a stop valve at the tank, and a check valve to prevent the accidental release of cargo through the pressure line. (c) Fluid displacement is permitted with either gravity or pressure vessel type cargo tanks. The displacing fluid shall enter the tank under low relative pressure. The fluid entry line shall be fitted with a safety relief valve set to lift at a pressure no higher than 80 percent of the cargo tank safety relief valve setting. (d) When cargo vapors are flammable, combustible or toxic, cargo filling lines entering the top of the tank shall lead to a point at or near the bottom. Spray filling lines, discharging near the top of the tank, may be fitted in lieu of, or in addition to, the above cargo filling lines. Subpart 151.25 – Environmental Control §151.25-1 Cargo Tank. When carrying certain commodities regulated by this subchapter, one of the following types of cargo protection may be required, within the main cargo tank, and in some cases, in the space between the primary and secondary barriers. (a) Inerted. All vapor spaces within the cargo tank are filled and maintained with a gas or vapor which will not support combustion and which will not react with the cargo. (b) Padded. All vapor spaces within the cargo tanks are filled and maintained with a liquid, gas (other than air), or vapor which will not react with the cargo. (c) Ventilated (forced). Vapor space above the liquid surface in the tank is continuously swept with air by means of blowers or other mechanical devices requiring power. (d) Ventilated (natural). Vapor space above the liquid surface in the tank is continuously swept with atmospheric air without the use of blowers or other mechanical devices requiring power (e.g., "chimney-effect" ventilation). (e) Dry. All vapor space within the cargo tank is filled and maintained with a gas or vapor containing no more than 100 ppm water. [CFGR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 88-100, 54 FR 40040, Sept. 29, 1989] §151.25-2 Cargo Handling Space. Pump rooms, compressor rooms, refrigeration rooms, heating rooms, instrument rooms or other closed spaces regularly entered by operating personnel, in which work is performed on the cargo or in which the cargo movement is locally controlled, may be required to be fitted with one of the following types of ventilation: (a) Forced ventilation. The forced ventilation system shall be designed to insure sufficient air movement through these spaces to avoid the accumulation of toxic or flammable vapors and to insure sufficient oxygen to support life, and, in any event, the ventilation system shall have a minimum capacity sufficient to permit a change of air every 3 minutes. (b) Natural ventilation. The natural ventilation system shall be designed to insure sufficient air movement to avoid the accumulation of toxic or flammable vapors and to insure sufficient oxygen to support life. Subpart 151.30 – Portable Fire Extinguisher §151.30-1 Type. When required by Table 151.05, approved portable fire extinguishers shall be installed in accordance with Subpart 34.50 of this chapter. The fire extinguishing media shall be dry chemical or other suitable agent for all locations. Subpart 151.40 – Temperature Or Pressure Control Installations §151.40-1 Definitions. This section defines the various methods by which the cargo may be heated or cooled. (a) Boiloff. Cargo pressure and temperatures are maintained by permitting the cargo to boil naturally and the cargo vapor thus generated removed from the tank by venting. (b) External cargo cooling– (1) Cargo vapor compression. A refrigeration system in which the cargo vapors generated within the tank are withdrawn, compressed, and the lower energy vapor or its condensate returned to the tank. (2) External heat exchange. A refrigeration system in which the cargo vapor or liquid is cooled outside the cargo tanks by being passed through a heat exchanger. Refrigeration is not accomplished by direct compression of the cargo. (c) Internal heat exchange. A refrigeration system in which a cooling fluid is passed through heat transfer coils immersed in the cargo tank liquid or vapor phases. (d) Tank refrigeration. A refrigeration system in which the cooling fluid is passed around the cargo tank exterior in order to remove heat from the tank or its surroundings. 251
(e) No refrigeration. A system that allows the liquefied gas to warm up and increase in pressure. The insulation and tank design pressure shall be adequate to provide for a suitable margin for the operating time and temperatures involved. (f) Tank heating. (1) A system in which the cargo is heated by means of steam or other heat transfer fluid running through coils within or around the tank. The cargo itself does not leave the tank. (2) A recirculating system in which the cargo leaves the tank, is pumped through a heater and then returned to the tank. §151.40-2 Materials. Materials used in the construction of temperature or pressure control systems shall be suitable for the intended application and meet the requirements of Subchapter F and the Special Requirements section of this subchapter. §151.40-5 Construction. Construction of machinery or equipment, such as heat exchangers, condensers, piping, etc., associated with temperature or pressure control systems shall meet the requirements of Subchapter F of this chapter. The electrical portions of these installations shall meet the requirements of Subchapter J of this chapter. §151.40-10 Operational Requirements. Control systems, required by Table 151.05 shall be provided with an audible or visual high cargo temperature or high cargo pressure alarm which is discernible at the towboat. The alarm shall operate when either the pressure or the temperature exceeds the operating limits of the system. The alarm may monitor either pressure or temperature, but must be independent of the control system. §151.40-11 Refrigeration Systems. (a) Boiloff systems. The venting of cargo boiloff to atmosphere shall not be used as a primary means of temperature or pressure control unless specifically authorized by the Commandant. (b) Vapor compression, tank refrigeration, and secondary refrigeration systems: The required cooling capacity of refrigeration systems shall be sufficient to maintain the cargo at design operating conditions with ambient temperature of 115°F still air and 90°F still water. The number and arrangement of compressors shall be such that the required cooling capacity of the system is maintained with one compressor inoperative. Portions of the system other than the compressors need not have standby capacity. Subpart 151.45 – Operations §151.45-1 General. (a) Barges certificated as tank barges (Subchapter D of this chapter) or cargo barges (Subchapter I of this chapter) for the carriage of cargoes regulated by this subchapter shall meet all applicable requirements for operations in the appropriate subchapter; in addition, requirements prescribed in this subpart shall apply to either type of certification. (b) [Reserved] §151.45-2 Special Operating Requirements. (a) The requirements of this section shall apply to all barges carrying in bulk any cargoes regulated by this subchapter; however, the provisions of this section are not applicable to such barges when empty and gas-freed. (b) When it is necessary to operate box or square-end barges as lead barges of tows, the person in charge of the towing vessel shall control the speed to insure protection against diving and swamping of such barges, having due regard to their design and freeboard, and to the operating conditions. (c) No cargo tank hatch, ullage hole, or tank cleaning openings shall be opened or remain open except under the supervision of the person in charge, except when the tank is gas free. (d) Barges, when tendered to the carrier for transportation, shall have all bilges and void spaces (except those used for ballasting) substantially free of water. Periodic inspections and necessary pumping shall be carried out to insure maintenance of such water-
free condition in order to minimize the free surface effects, both in longitudinal and transverse directions. Except when otherwise considered necessary for inspection or pumping, all hatch covers and other hull closure devices for void spaces and hull compartments other than cargo spaces shall be closed and secured at all times. (e) Cargo signs and cards. (1) Warning signs shall be displayed on the vessel, port and starboard, facing outboard without obstructions, at all times except when the vessel is gas free. The warning sign shall be rectangular and a minimum of 3 feet wide and 2 feet high. It shall be of sufficient size to accommodate the required alerting information, which shall be shown in black block style letters and numerals (characters) at least 3 inches high on a white background. The minimum spacing between adjacent words and lines of characters shall be 2 inches. The minimum spacing between adjacent characters shall be one-half inch. All characters shall have a minimum stroke width of one-half inch and shall be a minimum of 2 inches wide, except for the letters "M" and "W", which shall be a minimum of 3 inches wide, and except for the letter "I" and the Numeral "1", which may be 1/2-inch wide. The signs shall have a 2-inch minimum white border clear of characters. The signs shall be maintained legible. The alerting information shall include the following: WARNING DANGEROUS CARGO (This sign may be covered or removed when Subchapter O commodities are not being carried.) NO VISITORS NO SMOKING (This sign may be removed or covered when the commodity is not flammable or combustible.) NO OPEN LIGHTS (This sign may be removed or covered when the commodity is not flammable or combustible.) (2)(i) Names and locations of all cargoes will be displayed in a readily discernible manner on all barges carrying one or more commodities regulated by this subchapter. This may be an individual sign at or on each tank or by a single sign similar to the following example: Tank No. Cargo IP /xxxx/ IS /xxxx/ 2P /xxxx/ 2S /xxxx/ These signs may be printed, handwritten, permanent or changeable, but be visible and readable at all times. These signs should be as readable, as those specified in paragraph (e)(1) of this section. Cargoes regulated by other subchapters will be included whenever carried simultaneously with commodities regulated by this subchapter. 252
(2)(ii) When the dangerous cargo barge is carrying only a single product, the Warning Sign required by paragraph (e)(1) of this section can be considered as meeting the requirements for the cargo location sign. The name of the commodity shall be added to the Warning Sign. (3) A cargo information card for each cargo regulated by this subchapter shall be carried on the bridge or in the pilot house of the towing vessel, readily available for use by the person in charge of the watch. This information card shall also be carried aboard the barge, mounted near the Warning Sign required by paragraph (e)(1) of this section, in such position as to be easily read by a man standing on the deck of the barge. The minimum card size shall be 7" x 9 1/2". The card shall have legible printing on one side only. The card shall be laminated in clear plastic or otherwise made weatherproof. The following data shall be listed: (3)(i) Cargo identification and characteristics. Identification of the cargo, as listed in Table 151.05, its appearance and odor. A statement of the hazards involved and instructions for the safe handling of the cargo and, as applicable, the need for special cargo environments. (3)(ii) Emergency procedures. Precautions to be observed in the event of spills, leaks, or equipment or machinery breakdown and/or uncontrolled release of the cargo into the waterway or atmosphere. Precautions to be observed in the event of exposure of personnel to toxic cargoes. (3)(iii) Firefighting procedures. Precautions to be observed in the event of a fire occurring on or adjacent to the barge, and enumeration of firefighting media suitable for use in case of a cargo fire. (f) Surveillance. During the time the cargo tanks contain any amount of liquid or gaseous dangerous cargoes requiring Type I or Type II barge hulls, the barge shall be under surveillance, as set forth in this paragraph: (1) The licensed operator, person in command, and mate of a vessel towing a tank barge that need not be manned, and each of them, shall be responsible for monitoring the security and integrity of the tank barge and for ensuring adherence to proper safety precautions. These responsibilities include, but are not limited to– (1)(i) Ensuring that every tank barge added to the tow has all tank openings properly secured; has its freeing-ports and scuppers, if any, unobstructed; meets any loadline or freeboard requirements; and neither leaks cargo into the water, voids, or cofferdams nor leaks water into the tanks, voids, or cofferdams; (1)(ii) Ensuring that every tank barge in the tow is properly secured within the tow; (1)(iii) Ensuring that periodic checks are made of every tank barge in the tow for leakage of cargo into the water, voids, or cofferdams and for leakage of water into the tanks, voids, or cofferdams; (1)(iv) Knowing the cargo of every tank barge in the tow, all hazards associated with the cargo, and what to do on discovery of a leak; (1)(v) Ensuring that the crew of the vessel know the cargo of every tank barge in the tow, all hazards associated with the cargo, and what to do on discovery of a leak; (1)(vi) Reporting to the Coast Guard any leaks from a tank barge in the tow into the water, as required by 33 CFR 151.15; and (1)(vii) Ensuring that the crew of the vessel and other personnel in the vicinity of the tank barges in the tow follow the proper safety precautions for tank vessels, and that no activity takes place in the vicinity of the barges that could create a hazard. (2) A towing vessel engaged in transporting such unmanned barges shall not leave them unattended. When a barge is moored, but not gas free, it shall be under the care of a watchman who may be a member of the complement of the towing vessel, or a terminal employee, or other person. This person shall be responsible for the security of the barge and for keeping unauthorized persons off the barge. Such person shall be provided with, read, and have in his possession for ready reference the information cards required by paragraph (e) of this section. (g) All cargo hatches shall be closed, dogged down, or otherwise tightly secured. [CFGR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 88-100, 54 FR 40040, Sept. 29, 1989; CGD 79-116, 60 FR 17158, Apr. 4, 1995] §151.45-3 Manning. Except as provided for in this section, barges need not be manned unless in the judgment of the Officer in Charge, Marine Inspection, such manning is necessary for the protection of life and property and for safe operation of the vessel. Vessels requiring manning for safe operation shall be subject to additional requirements as determined by the Commandant. Towing vessels, while towing barges which are not required to be manned, shall be provided with and have on board the information card required by §151.45-2(e)(3). This card shall be in the possession of the master or person in charge. §151.45-4 Cargo-Handling. (a) On a United States tank barge subject to inspection– (1) The owner and operator of the vessel, and his or her agent, and each of them, shall ensure that no transfer of liquid cargo in bulk or cleaning of a cargo tank takes place unless under the supervision of a qualified person designated as the person in charge of the transfer or the cleaning under Subpart C of 33 CFR part 155. (2) The person in charge of the transfer shall ensure that enough qualified personnel are on duty to safely transfer liquid cargo in bulk or to safely clean cargo tanks. (b) Closing of sea and ballast valves. All sea and ballast valves are to be properly aligned and lashed, or sealed in their correct position prior to beginning cargo transfer operations. Under no circumstances shall such valves be secured by locks. (c) Connecting for cargo transfer. (1) Movement of the vessel shall be considered when making the cargo connections to insure safe cargo transfer. Suitable material shall be used in joints and in couplings when making connections to insure that they are tight. Under no circumstances shall less than three bolts be used in a bolted flanged coupling. (2) When cargo connections are supported by the vessel's tackle, the person in charge of the transfer operations shall inspect the vessel to insure that sufficient tackles are used. (3) Pans or buckets shall be placed under cargo hose connections. (4) Cargo transfer operations for any cargo requiring a PV or safety relief venting device in Table 151.05 shall be performed with cargo hatch covers closed. (d) Inspection prior to transfer of cargo. Prior to the transfer of cargo, the person in charge of the transfer operation shall inspect the barge and other cargo equipment to assure himself that the following conditions exist: 253
(1) The Certificate of Inspection is endorsed for the products to be loaded. Loading restrictions, if any, should be noted. (2) Warning signs are displayed as required. (3) Cargo information cards for the product are aboard. (4) No repair work in way of cargo space is being carried out. (5) Cargo connections and hatch covers conform with the provisions of paragraph (c) of this section and cargo valves are properly set. (6) All connections for cargo transfer have been made to the vessel's fixed pipeline system. (7) In transferring flammable or combustible cargoes, there are no fires or open flames present on the deck, or in any compartment which is located on, facing, open or adjacent to the part of the deck on which cargo connections have been made. (8) The shore terminal or other tank vessel concerned has reported itself in readiness for transfer of cargo. (9) All sea valves are properly set and those connected to the cargo piping are closed. (10) When transferring flammable or combustible cargoes that a determination was made as to whether or not boiler and/or galley fires can be maintained with reasonable safety. (e) Duties of the person in charge during transfer operations. The person in charge of the transfer operations shall control the operations as follows: (1) Supervise the operation of the cargo system valves. (2) Start transfer of cargo slowly. (3) Observe cargo connections and hose for leakage. (4) Observe operating pressure on cargo systems. (5) Comply with loading limitations placed on the vessel by the Certificate of Inspection, if, any, for the purpose of not overloading individual tanks or the vessel. (6) Observe the loading rate for the purpose of avoiding overflow of the tanks. (f) Cargo transfer operations shall not be started or, if started, shall be discontinued under the following conditions: (1) During severe electrical storms. (2) If a fire occurs on the barge, the wharf or in the immediate vicinity. (3) If potentially dangerous leakage occurs. (g) No vessel shall come alongside or remain alongside a barge in way of its cargo tanks while it is transferring cargo unless the conditions then prevailing are mutually acceptable to the persons in charge of cargo handling. (h) Auxiliary steam, air, fuel, or electric current. When discharging cargo from one or more barges, the towing vessel may furnish steam, air, fuel, or electric current for pumps on barges or dock, but in no case shall the cargo pass through or over the towing vessel. (i) Termination of transfer operations. When transfer operations are completed, the valves on cargo connections on the vessel shall be closed. The cargo connections shall be drained of cargo. (j) Transfer of other cargo or stores on a barge. (1) Packaged goods, freight, and ship's stores shall not be loaded or discharged during the loading of flammable cargoes except by permission of the person in charge of the transfer operation. Explosives shall not be loaded or carried on any barge containing products regulated by this subchapter. (2) Where package and general cargo is carried directly over bulk cargo tanks, it shall be properly dunnaged to prevent chafing of metal parts and securely lashed or stowed. (k) Transportation of other cargo or stores on barges. Barges may be permitted to transport deck cargoes directly over bulk cargo spaces when the nature of such deck cargoes and the methods of loading and unloading same do not create an undue hazard. Such barges shall have their decks properly dunnaged to prevent chafing between the steel parts of the vessel and the deck cargo. (l) Deck construction must be adequate to support the intended load. Provisions for carrying deck cargo shall be endorsed on the Certificate of Inspection by the Officer in Charge, Marine Inspection. (m) Emergencies. In case of emergencies, nothing in the regulations in this subchapter shall be construed as preventing the person in charge of transfer operations from pursuing the most effective action in his judgment for rectifying the conditions causing the emergency. [CGFR 70-10, 35 FR 3714, Feb. 25, 1970; 35 FR 6431, Apr. 22, 1970, as amended by CGD 75-59, 45 FR 70273, Oct. 23, 1980; CGD 81-059, 54 FR 151, Jan. 4, 1989; CGD 79-116, 60 FR 17158, Apr. 4, 1995] §151.45-5 Open Hopper Barges. (a) All open hopper barges not constructed or modified in conformance with the provisions of Subpart 151.10 of this part when carrying in bulk any cargoes regulated by this subchapter shall meet the provisions of this section. However, the provisions of this section are not applicable to such barges when empty (not necessarily cleaned or gas-freed). (1) Except as otherwise provided in this section, no such open hopper type barge shall be placed as lead barge in any tow. These barges shall be placed in protected positions within the tow so that the danger from diving or swamping will be minimized. Where, due to operating conditions, compliance with this paragraph is impossible, the provisions of paragraph (a)(3) of this section apply. The person in charge of the towing vessel shall be responsible for compliance with this paragraph. (2) No such open hopper type barge shall be moved from a loading facility unless all void spaces and bilges are substantially free of water. Periodic inspections and necessary pumping shall be carried out to insure the maintenance of such water-free conditions, in order to minimize the free surface effect in both the longitudinal and transverse directions. Except when considered necessary for inspection or pumping, all hatch covers and other hull closure devices for void spaces and hull compartments shall be closed and secured at all times. In the case of unmanned barges, the person in charge of the towing vessel shall be deemed to be in charge of the barge, and all requirements to be carried out on the barge shall be carried out by or under the direction of this person. (3) When an open hopper type barge is in an exposed position, such that protection from swamping provided by adjoining barges cannot be obtained from the location within the tow, it shall be the responsibility of the person in charge of the towing vessel to 254
control speed so as to insure protection against diving and swamping of the barge, having regard to its design and freeboard, and other operating conditions. (b) To show that special operating requirements apply to a specific open hopper type barge, additional placards or signs shall be displayed in at least four different locations on the barge when the cargoes subject to this part are carried in any form in the cargo tanks. The placards or signs shall be posted on the barge approximately amidships on each side and near the centerline fore and aft facing outboard. Racks, or other suitable means for mounting such placards or signs, shall be so arranged as to provide clear visibility and shall be protected from becoming readily damaged or obscured. The placards or signs shall be at least equal in dimensions to the DOT standard tank car "Dangerous" placard (10 3/4 inches square or larger) and shall display a circle (10 inches in diameter or larger) with alternating quadrants of white and red, and so mounted that the red quadrants are centered on the vertical axis. The shipper and/or owner of the barge shall be responsible for the installation of the required placards or signs, including maintenance of them while such barge is in temporary storage with cargo aboard. The person in charge of the towing vessel shall be responsible for the continued maintenance of the placards or signs while such barge is in transit. §151.45-6 Maximum Amount Of Cargo. (a) Tanks carrying liquids or liquefied gases at ambient temperatures regulated by this subchapter shall be limited in the amount of cargo loaded to that which will avoid the tank being liquid full at 105°F if insulated, or 115°F if uninsulated. If specific filling densities are designated in Subpart 151.50 of this part, they shall take precedence over that noted above. (b) Refrigerated and semirefrigerated tanks shall be filled so that there is an outage of at least 2 percent of the volume of the tank at the temperature corresponding to the vapor pressure of the cargo at the safety relief valve setting. A reduction in the required outage may be permitted by the Commandant when warranted by special design considerations. Normally, then, the maximum volume to which a tank may be loaded is: V
L
= 0.98d
r
V ÷ d
L
where: V
L
= Maximum volume to which tank may be loaded. V = Volume of tank. d
r
= Density of cargo at the temperature required for a cargo vapor pressure equal to the relief valve setting. d
L
= Density of cargo at the loading temperature and pressure. §151.45-7 Shipping Papers. Each barge carrying dangerous cargo shall have on board a bill of lading, manifest, or shipping document giving the name of shipper, location of the loading point, and the kind, grade, and approximate quantity by compartment of each cargo in the barge. Such manifest or bills of lading may be made out by the shipper, master of the towing vessel, owner, or agent of the owner. However, in the case of unmanned barges the master of the towing vessel shall either have a copy of the shipping papers for each barge in his tow or he shall make an entry in the towing vessel's log book giving the name of the shipper, location where the barge was loaded, and the kind, grade, and quantity of cargo by compartment in the barge. The barge shall not be delayed in order to secure the exact quantities of cargo. §151.45-8 Illness, Alcohol, Drugs. A person who is under the influence of liquor or other stimulants, or is so ill as to render him unfit to perform service shall not be permitted to perform any duties on the barge. §151.45-9 Signals. While fast to a dock, a vessel during transfer of bulk cargo shall display a red flag by day or a red light by night, which signal shall be so placed that it will be visible on all sides. When at anchor, a vessel during transfer of bulk cargo shall display a red flag by day, placed so that it will be visible on all sides. This flag may be metallic. Subpart 151.50–Special Requirements [EDITORIAL NOTE: Nomenclature changes to Subpart 151.50 appear at 60 FR 50465, Sept. 29, 1995 and at 61 FR 50732, Sept. 27, 1996.] §151.50-1 General. Special requirements found in this subpart pertain to specific cargoes and to similar groups of cargoes. These requirements are in addition to and take precedence over any other requirements found in these regulations. §151.50-5 Cargoes Having Toxic Properties. When table 151.05 refers to this section, the following apply: (a) [Reserved] (b) Independent tanks shall be designed and tested for a head of at least 8 feet above the top of the tank using the specific gravity of the product to be carried. In addition, tank design calculations shall demonstrate that the tank can withstand, without rupture, a single loading to the highest level to which the product may rise, if that exceeds 8 feet. In general, plate less than five-sixteenths inch in thickness shall not be used in the fabrication of independent tanks unless otherwise approved. (c)(1) Cargo tanks transporting liquids having a Reid vapor pressure exceeding 14 pounds per square inch absolute or vented at a gauge pressure exceeding 4 pounds per square inch, or where air or water pressure is used to discharge the cargo, shall be fabricated as arc-welded unfired pressure vessels. (2) Unfired pressure vessel cargo tanks shall be designed for a pressure not less than the vapor pressure, in pounds per square inch gauge, of the lading at 115°F, or the maximum air or water pressure used to discharge the cargo, whichever is greater, but in no case shall the design pressure of such tanks be less than 30 pounds per square inch gauge. (d) Piping. (1) The pumps and piping used for cargo transfer shall be independent of all other piping. (2) Where multiple cargoes are carried, and the cargo piping conveying cargoes covered under this section are led through cargo tanks containing other products, the piping shall be encased in a tunnel. (3) Where cargo lines handling other products, or bilge and ballast piping are led through tanks containing cargoes covered by this section, the piping shall be enclosed in a tunnel. (e) Gravity type cargo tanks shall be fitted with an approved pressure-vacuum relief valve of not less than 2 1/2-inch size, which shall be set at a pressure of not less than 3 pounds per square inch gauge, but not in excess of the design pressure of the tank. (f) The discharge fittings from each safety relief or pressure vacuum relief valve shall be directed in such a manner as to not impinge on another tank, piping or any other equipment which would increase the fire hazard should burning products be discharged from the safety or pressure vacuum relief valve as a result of a fire or other casualty. In addition, the discharges shall be directed away from areas where it is likely that persons might 255
be working and as remote as practicable from ventilation inlets and ignition sources. A common discharge header may be employed if desired. The area near the discharge fittings shall be clearly marked as a hazardous area. (g) A means shall be provided for either the reclamation or safe venting of vapors during the loading and unloading operations. For this purpose the safety relief or pressure vacuum relief valve shall be provided with a valved bypass to a vapor return line shore connection which shall be used whenever vapor return shore facilities are available. In the event vapors must be vented to the atmosphere, a vent riser shall extend at least 12 feet above the highest level accessible to personnel. The vent riser may be collapsible for ease of stowage when not in use. Vapor return lines or vent risers for tanks carrying the same class product may be connected to a common header system if desired. Tanks carrying cargoes covered by this section shall be vented independent of tanks carrying other products. (h) The pump room ventilation outlet duct exhausts shall terminate at a distance of at least 6 feet above the enclosed space or pump room and at least 6 feet from any entrance to the interior part of the vessel. The discharge end of the exhaust ducts shall be located so as to preclude the possibility of recirculating contaminated air through the pump room, or other spaces where personnel may be present. [CGFR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 88-100, 54 FR 40040, Sept. 29, 1989] §151.50-6 Motor Fuel Antiknock Compounds. When transporting motor fuel antiknock compounds containing tetraethyl lead and tetramethyl lead the requirements listed in this section shall be observed. (a) Tanks used for these cargoes shall not be used for the transportation of any other cargo except those commodities to be used in the manufacture of tetraethyl lead and tetramethyl lead. (b) Pump rooms shall be equipped with forced ventilation with complete air change every 2 minutes. Air analysis shall be run for lead content to determine if the atmosphere is satisfactory prior to personnel entering the pump room. (c) Entry into cargo tanks used for the transportation of these cargoes is not permitted. (d) No internal tank inspection is required. If it is desired to internally inspect tanks used for these cargoes, the Commandant must be notified in advance before such inspection is made. (e) The provisions of §151.50-5 shall also be met as a requirement for shipping antiknock compounds containing tetraethyl lead and tetramethyl lead. §151.50-10 Alkylene Oxides. (a) For the purpose of this part, alkylene oxides are considered to be ethylene oxide and propylene oxide. (b) Alkylene oxides transported under the provisions of this part shall be acetylene free. (c)(1) No other product may be transported in tanks certified for an alkylene oxide except that the Commandant may approve subsequent transportation of other products and return to alkylene oxide service if tanks, piping and auxiliary equipment are adequately cleaned to the satisfaction of the Marine Inspector. (2) Unless authorized by the Commandant, no other kind of cargo except methane, ethane, propane, butane and pentane shall be on board a tank vessel certificated for the carriage of an alkylene oxide at the same time an alkylene oxide in either the liquid or vapor state is present in any cargo tank. Alkylene oxide tanks shall not be installed in tanks intended for any other cargo. (d) All valves, flanges, fittings, and accessory equipment shall be of a type suitable for use with the alkylene oxides and shall be made of steel or stainless steel, or other materials acceptable to the Commandant. Impurities of copper, magnesium and other acetylide-forming metals shall be kept to a minimum. The chemical composition of all material used shall be submitted to the Commandant for approval prior to fabrication. Disks or disk faces, seats and other wearing parts of valves shall be made of stainless steel containing not less than 11 percent chromium. Mercury, silver, aluminum, magnesium, copper, and their alloys shall not be used for any valves, gauges, thermometers, or any similar devices. Gaskets shall be constructed of spirally wound stainless steel with "Teflon" or other suitable material. All packing and gaskets shall be constructed of materials which do not react spontaneously with or lower the autoignition temperature of the alkylene oxides. (e) The pressure rating of valves, fittings, and accessories shall be not less than the maximum pressure for which the cargo tank is designed, or the shutoff head of the cargo pump, whichever is greater, but in no case less than 150 pounds per square inch. Welded fittings manufactured in accordance with A.N.S.I. Standards shall be used wherever possible, and the number of pipe joints shall be held to a minimum. Threaded joints in the cargo liquid and vapor lines are prohibited. (f) The thermometer shall terminate in the liquid space and shall be attached to the shell by welding with the end of the fitting being provided with a gastight screwed plug or bolted cover. (g) Automatic float continuous reading tape gauge, and similar types, shall be fitted with a shutoff valve located as close to the tank as practicable, which shall be designed to close automatically in the event of fracture of the external gauge piping. An auxiliary gauging device shall always be used in conjunction with an automatic gauging device. (h) Filling and discharge piping shall extend to within 4 inches of the bottom of the tank or sump pit if one is provided. (i) Venting. (1) The discharge fittings from each safety relief or pressure vacuum relief valve shall be directed in such a manner as to not impinge on another tank, piping or any other equipment which would increase the fire hazard should burning products be discharged from the safety or pressure vacuum relief valve as a result of a fire or other casualty. In addition, the discharges shall be directed away from areas where it is likely that persons might be working and as remote as practicable from ventilation inlets and ignition sources. A common discharge header may be employed if desired. The area near the discharge fittings shall be clearly marked as a hazardous area. (2) A means shall be provided for either the reclamation or safe venting of vapors during the loading and unloading operations. For this purpose, the safety relief or pressure vacuum relief valve shall be provided with a valved bypass to a vapor return line shore connection which shall be used whenever vapor return shore facilities are available. In the event vapors must be vented to the atmosphere, a vent riser shall be connected to the vapor return line and extend at least 12 feet above the highest level accessible to personnel. The vent riser may be collapsible for ease of stowage when not in use. The vent riser shall not be connected to a safety relief or pressure vacuum valve. Vapor return lines or vent risers for tanks carrying the same class product may be connected to a common header system if desired. Tanks carrying alkylene oxides shall be vented independent of tanks carrying other products. (3) The outlet of each vent riser shall be fitted with acceptable corrosion-resistant flame screen of suitable material or a flame arrester suitable for use with alkylene oxide. 256
(j) Ventilation. (1) All enclosed spaces within the hull shall be vented or ventilated in accordance with the provisions of this subchapter except as otherwise provided for in this subpart. (2) The enclosed spaces in which the cargo tanks are located shall be inerted by injection of a suitable inert gas or shall be well ventilated. (3) The enclosed spaces in which the cargo tanks are located, if an inerting system is not installed, shall be fitted with forced ventilation of such capacity to provide a complete change of air every three minutes and arranged in such a manner that any vapors lost into the space will be removed. The ventilation system shall be in operation at all times cargo is being loaded or discharged. No electrical equipment shall be fitted within the spaces or within ten feet of the ventilation exhaust from these spaces. (4) All ventilation machinery shall be of nonsparking construction and shall not provide a source of vapor ignition. (5) Each vent shall be fitted with a flame screen of corrosion resistant wire which is suitable for use with the alkylene oxide. (k)(1) Flexible metal hose fabricated of stainless steel or other acceptable material, resistant to the action of the alkylene oxide, shall be fitted to the liquid and vapor lines during cargo transfer. (2) The hose shall be marked with the maximum pressure guaranteed by the manufacturer, and with his certification with the words "Certified for _____________ Oxide." (3) Cargo hose intended for alkylene oxide service shall not be used for any other products except those which are compatible with the alkylene oxide. (l) Vessel shall be electrically bonded to the shore piping prior to connecting the cargo hose. This electrical bonding shall be maintained until after the cargo hose has been disconnected and any spillage has been removed. (m) Cargo shall be discharged by pumping or by displacement with nitrogen or other acceptable inert gas. In no case shall air be allowed to enter the system. During loading and unloading operations, the vapor shall not be discharged to the atmosphere. Provisions shall be made to return all displaced vapor to the loading facility. The loading rate and the pressure applied to the tank to discharge the cargo shall be so limited to prevent opening the safety relief valves. (n) During cargo transfer, a water hose with pressure to the nozzle, when atmospheric temperatures permit, shall be connected to a water supply for immediate use during filling and discharge operations and any spillage of alkylene oxide shall be immediately washed away. This requirement can be met by facilities provided from shore. (o) Prior to disconnecting shore lines, the pressure in the liquid and vapor lines shall be relieved through suitable valves installed at the loading header. The liquid and vapor discharged from these lines shall not be discharged to atmosphere. (p) The safety relief valves shall be tested by liquid, gas, or vapor pressure at least once every 2 years to determine the accuracy of adjustment and, if necessary, shall be reset. Alkylene oxides shall not be used as the testing medium. (q) The special requirements for ethylene oxide contained in §151.50-12 and for propylene oxide contained in §151.50-13 shall also be observed. [CGFR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by CGD 85-061, 54 FR 50966, Dec. 11, 1989] §151.50-12 Ethylene Oxide. (a)(1) Ethylene oxide shall be carried in fixed, independent, pressure vessel type cargo tanks, designed, constructed, arranged and, if necessary, equipped with machinery to maintain the cargo temperature below 90°F except as otherwise provided for in paragraph (a)(3) of this section. (2) Ethylene oxide shall be loaded at a temperature below 70°F. (3) When ethylene oxide is to be transported at or near atmospheric pressure, the Commandant may permit the use of alternate methods of storage which are consistent with the minimum requirements of this subpart. (b)(1) All cargo tanks shall be constructed of a carbon steel or stainless steel acceptable to the Commandant. Impurities of copper, magnesium and other acetylide-forming metals shall be kept to a minimum. The chemical composition of all steel used shall be submitted to the Commandant for approval prior to fabrication. Aluminum, copper and other acetylide-forming metals, such as silver, mercury, magnesium, and their alloys shall not be used as materials of construction for tanks or equipment used in handling ethylene oxide. (2) Cargo tanks shall meet the requirements of Class I pressure vessels. (3) Cargo tanks shall be designed for the maximum pressure of vapor or gas used in discharging the cargo but in no case shall the design pressure of such tanks be less than 75 pounds per square inch gauge. The tank shell and heads shall not be less than 5/16-inch thick. (c)(1) Cargo tanks shall be located below deck in holds or enclosed spaces with the domes or trunks extended above the weather deck and terminating in the open. Provisions shall be made to maintain the watertightness of the deck by means of watertight seals around such domes or trunks. The holds or enclosed spaces, in which the ethylene oxide tanks are located, shall not be used for any other purpose. However, in open hopper type barges of a suitable design approved for such service, the weatherdeck may not be required to be watertight. (2) All cargo tanks shall be installed with the manhole openings and all tank connections located above the weatherdeck in the open. (3) Tanks shall be electrically bonded to the hull. (4) No welding of any kind shall be done on cargo tanks or supporting structure unless authorized by the Commandant. (d) All cargo tanks, piping, valves, fittings, and similar equipment which may contain ethylene oxide in either the liquid or vapor phase, including the vent risers, shall be insulated. Flanges need not be covered, but if covered, a small opening shall be left at the bottom of the flange cover to detect leaks. Insulation shall be of an approved incombustible material suitable for use with ethylene oxide, which does not significantly lower the autoignition temperature and which does not react spontaneously with ethylene oxide. The insulation shall be of such thickness as to provide a thermal conductance of not more than 0.075 B.t.u. per square foot per degree Fahrenheit differential in temperature per hour. (e)(1) When cooling systems are installed to maintain the temperature of the liquid below 90°F, at least two complete cooling plants, automatically regulated by temperature variations within the tanks shall be provided; each to be complete with the necessary auxiliaries for proper operation. The control system shall also be capable of being manually operated. An alarm shall be provided to indicate malfunctioning of the temperature 257
controls. The capacity of each cooling system shall be sufficient to maintain the temperature of the liquid cargo at or below the design temperature of the system. (2) An alternate arrangement may consist of three cooling plants, any two of which shall be sufficient to maintain the temperature of the liquid cargo at or below the design temperature of the system. (3) Cooling systems requiring compression of ethylene oxide are prohibited. (f) In addition to the shutoff valve required, all tank connections larger than one-half inch inside pipe size, except safety relief valves and liquid level gauging devices, shall be fitted with either internal back pressure check valves or internal excess flow valves in conjunction with a quick closing stop valve operable from at least two remote locations. The quick closing stop valve shall be of the "fail safe" type acceptable to the Commandant and shall be equipped with a fusible plug designed to melt between 208°F and 220°F, which will cause the quick closing valve to close automatically in case of fire. The quick closing valve shall be located as close to the tank as possible. (g) Piping systems intended for ethylene oxide service shall not be used for any other product and shall be completely separate from all other systems. The piping system shall be designed so that no cross connections may be made either through accident or design. (h) Each safety relief valve shall be set to start to discharge at not less than 75 pounds per square inch gauge, nor more than the design pressure of the tank. (i) The filling density shall not exceed 83 percent. (j)(1) The cargo shall be shipped under a suitable protective inerting gas system, such as nitrogen. When nitrogen gas is used, the gas inerting system shall be so designed that the vapor space above the liquid cargo will be filled and maintained with a gas mixture of not less than 45 percent nitrogen. Other gases proposed for inerting use may be given consideration by the Commandant. Original charging only of protective inerting gas at the loading facility is not considered adequate. A sufficient amount of spare inerting gas as approved by the Commandant shall be provided on the vessel in order to maintain the proper concentration of the gas in the event of normal leakage or other losses. (2) Any inerting gas selected should be at least 98 percent pure and free of reactive materials, such as ammonia, hydrogen sulfide, sulfur compounds, and acetylene. (k) Prior to loading, a sample from the cargo tank will be taken to insure that the pad gas will meet the requirements of paragraph (j) of this section and that the oxygen content of the vapor space will be not more than 2 percent maximum. If necessary, a sample will be taken after loading to insure the vapor space meets this requirement. (l) The cargo piping shall be inspected and tested at least once in each 2 calendar years. (m) In those cases where the cargo transfer hose used is not part of the barge's equipment, the person in charge of the transfer operation shall determine that the provisions of §151.50-10(k) have been met before using this hose. A certificate of test, supplied by the transfer facility, will be considered as adequate for this determination. (n) The provisions of §151.50-10 shall be complied with as a requirement for shipping ethylene oxide.