section_id,title_number,title_name,chapter,subchapter,part_number,part_name,subpart,subpart_name,section_number,section_heading,agency,authority,source_citation,amendment_citations,full_text 33:33:1.0.1.1.13.1.1.1,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,A,Subpart A—General,,§ 25.101 Purpose.,USCG,,,"[USCG-2001-9286, 66 FR 33639, June 25, 2001]","This subpart prescribes the requirements for the administrative settlement of claims against the United States, other than claims against the Oil Spill Liability Trust Fund under part 136 of this chapter and contract claims, but including claims arising from acts or omissions of employees of non-appropriated fund activities within the United States, its territories, and possessions." 33:33:1.0.1.1.13.1.1.10,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,A,Subpart A—General,,"§ 25.119 Proof of amount claimed for loss of, or damage to, property.",USCG,,,,"The following evidence must be presented when appropriate: (a) For each particular lost item, evidence of its value such as a bill of sale and a written appraisal, or two written appraisals, from separate disinterested dealers or brokers, market quotations, commercial catalogs, or other evidence of the price at which like property can be obtained in the community. The settlement authority may waive these requirements when circumstances warrant. The cost of any appraisal may be included as an element of damage if not deductible from any bill submitted to claimant. (b) For each particular damaged item which can be economically repaired, evidence of cost of repairs such as a receipted bill and one estimate, or two estimates, from separate disinterested repairmen. The settlement authority may waive these requirements when circumstances warrant. The cost of any estimate may be included as an element of damage if not deductible from any repair bill submitted to claimant. (c) For any claim which may result in payment in excess of $20,000.00, a survey or appraisal shall be performed as soon as practicable after the damage accrues, and, unless waived in writing, shall be performed jointly with a government representative. (d) If the item is so severely damaged that it cannot be economically repaired or used, it shall be treated as a lost item. (e) If a claim includes loss of earnings or use during repairs to the damaged property, the following must also be furnished and supported by competent evidence: (1) The date the property was damaged; (2) The name and location of the repair facility; (3) The beginning and ending dates of repairs and an explanation of any delay between the date of damage and the beginning date; (4) A complete description of all repairs performed, segregating any work performed for the owner's account and not attributable to the incident involved, and the costs thereof; (5) The date and place the property was returned to service after completion of repairs, and an explanation, if applicable, of any delay; (6) Whether or not a substitute for the damaged property was available. If a substitute was used by the claimant during the time of repair, an explanation of the necessity of using the substitute, how it was used, and for how long, and the costs involved. Any costs incurred that would have been similarly incurred by the claimant in using the damaged property must be identified; (7) Whether or not during the course of undergoing repairs the property would have been used, and an explanation submitted showing the identity of the person who offered that use, the terms of the offer, time of prospective service, and rate of compensation; and (8) If at the time of damage the property was under charter or hire, or was otherwise employed, or would have been employed, the claimant shall submit a statement of operating expenses that were, or would have been, incurred. This statement shall include wages and all bonuses which would have been paid, the value of fuel and the value of consumable stores, separately stated, which would have been consumed, and all other costs of operation which would have been incurred including, but not limited to, license and parking fees, personnel expenses, harbor fees, wharfage, dockage, shedding, stevedoring, towage, pilotage, inspection, tolls, lockage, anchorage and moorage, grain elevation, storage, and customs fees. (f) For each item which is lost, actual or constructive, proof of ownership." 33:33:1.0.1.1.13.1.1.11,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,A,Subpart A—General,,§ 25.121 Effect of other payments to claimant.,USCG,,,,"The total amount to which the claimant may be entitled is normally computed as follows: (a) The total amount of the loss, damage, or personal injury suffered for which the United States is liable, less any payment the claimant has received from the following sources: (1) The military member or civilian employee who caused the incident; (2) The military member's or civilian employee's insurer; and (3) Any joint tort-feasor or insurer. (b) No deduction is generally made for any payment the claimant has received by way of voluntary contributions, such as donations of charitable organizations." 33:33:1.0.1.1.13.1.1.12,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,A,Subpart A—General,,§ 25.123 Settlement and notice to claimant.,USCG,,,,"(a) If the settlement authority determines that the full amount claimed should be paid, the settlement authority forwards the claim to the disbursing officer for payment. If the time involved in settling the claim has been extensive, the settlement authority notifies the claimant. (b) If the settlement authority determines that less than the full amount claimed should be paid, the settlement authority: (1) Notifies the claimant in writing of the proposed settlement. (2) Obtains from the claimant written acceptance and release for payment of the claim in the reduced amount. (3) Advises the claimant, in the event claimant does not desire to accept the offer, to reply within 45 days giving reasons for rejection. (4) Except upon a showing of good cause for delay in accepting a proposed settlement within 45 days, treats the non-acceptance as a rejection. Rejection by a claimant of an offer of settlement renders the offer void. (5) If a claimant rejects a proposed settlement or fails to reply within 45 days, the settlement authority may make further efforts to settle the claim. When the settlement authority determines that further efforts to settle the claim are not warranted, the settlement authority notifies the claimant in writing by registered or certified mail, return receipt requested, that the claim has been denied because the amount claimed is excessive. (c) If the claim is denied, the settlement authority notifies the claimant in writing by registered or certified mail, return receipt requested." 33:33:1.0.1.1.13.1.1.13,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,A,Subpart A—General,,§ 25.125 Appeal.,USCG,,,,The final denial of a claim by a settlement authority or a partial approval by a settlement authority is not subject to appeal except under the procedures prescribed for Military Claims in Subpart D of this part. 33:33:1.0.1.1.13.1.1.14,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,A,Subpart A—General,,§ 25.127 Reconsideration.,USCG,,,,"(a) The settlement authority may reconsider a claim upon the authority's own initiative or upon request of the claimant or someone acting on the claimant's behalf. (b) A request for reconsideration must be in writing and include the legal or factual grounds for the relief requested. (c) Following any investigation or other action deemed necessary for reconsideration of the original action, the settlement authority reconsiders the claim and if warranted attempts to settle it. When further settlement efforts appear unwarranted, the settlement authority notifies the claimant in writing by certified or registered mail, return receipt requested, that the relief requested is denied. (d) For the effect of reconsideration under the Federal Tort Claims Act see 28 CFR Part 14." 33:33:1.0.1.1.13.1.1.15,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,A,Subpart A—General,,§ 25.129 Acceptance of offer of settlement.,USCG,,,,Claimant's acceptance of an offer of settlement is a complete release of any claim against the United States and against the military or civilian personnel of the Coast Guard whose act or omission gave rise to the claim. 33:33:1.0.1.1.13.1.1.16,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,A,Subpart A—General,,§ 25.131 Delegation of authority.,USCG,,,"[CGD 80-033, 46 FR 27109, May 18, 1981, as amended by CGD 82-112, 48 FR 4773, Feb. 3, 1983; USCG-2001-9286, 66 FR 33639, June 25, 2001; USCG-2020-0304, 85 FR 58276, Sept. 18, 2020]","(a) The Chief Counsel is delegated the following authority: (1) To carry out the functions of the Secretary and to exercise the Commandant's authority as commanding officer for all Coast Guard personnel in regard to claims brought under Article 139, Uniform Code of Military Justice (10 U.S.C. 939); (2) To carry out the functions of an officer designated by the Secretary under the so-called “Foreign Claims Act”, as amended (10 U.S.C. 2734); (3) To request that the Department of Defense pay any meritorious claims arising under International Agreements in accordance with Title 10 U.S.C. 2734a and 2734b; (4) To carry out the functions of the Secretary under the Act of October 9, 1962, as amended (10 U.S.C. 2737); (5) To carry out the functions of the Secretary under the Act of August 16, 1937, as amended (14 U.S.C. 546); (6) To carry out the functions of the Secretary under the Act of June 15, 1936, as amended (14 U.S.C. 937); (7) To carry out the functions of the Secretary under the Act of August 4, 1949, as amended (14 U.S.C. 938); (8) To carry out the functions of the Secretary under the Act of February 19, 1941, as amended (14 U.S.C. 3911); (9) To carry out the functions of the head of a Federal agency's designee under the Federal Tort Claims Act, as amended (28 U.S.C. 2672); (10) To carry out the functions of the head of an agency under the Military Personnel and Civilian Employees' Claims Act, as amended (31 U.S.C. 3721); (11) To carry out the functions of the head of an agency under the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711); (12) To carry out the functions of the head of the department under the Federal Medical Care Recovery Act (42 U.S.C. 2651-2653); (13) To review and approve for payment any voucher for payment of a claim for $25 or less the authority for payment of which is questioned by a certifying or disbursing officer; (14) To establish procedures consistent with the applicable statutes and regulations for the administration of all claims. Under the Military Claims Act (10 U.S.C. 2733), the Secretary has authorized the Chief Counsel to settle and pay claims, see 49 CFR 1.46(j). (b) The Director of Finance and Procurement is delegated the authority to carry out the functions of the head of an agency under the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711)." 33:33:1.0.1.1.13.1.1.17,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,A,Subpart A—General,,§ 25.133 Redelegation of authority.,USCG,,,,"The authority delegated in § 25.131 and in 49 CFR 1.46(j) to the Chief Counsel may, unless otherwise limited, be redelegated in whole or in part to settlement authorities established by the Chief Counsel. Information concerning current settlement authorities is available from the offices indicated in § 25.103." 33:33:1.0.1.1.13.1.1.18,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,A,Subpart A—General,,§ 25.135 Processing and settlement of claims in foreign countries.,USCG,,,,"(a) In certain countries, the Department of Defense has assigned single-service responsibility for the settlement of claims arising under the Foreign Claims Act, Military Claims Act, Nonscope of Employment Claims Act, Federal Medical Care Recovery Act, and Federal Claims Collection Act. (b) In a country where single-service claims responsibility has been assigned, claims against the United States cognizable under the acts referenced in paragraph (a) of this section are processed and settled by the service assigned responsibility. (c) A list of countries assigned to a single-service is available from the military attache at any United States embassy or consulate. (d) In a country not assigned to a single-service, the rules for presenting claims may be found in § 25.111, and the claim will be settled by the Coast Guard." 33:33:1.0.1.1.13.1.1.2,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,A,Subpart A—General,,§ 25.103 Information and assistance.,USCG,,,"[CGD 87-008b, 52 FR 25217, July 6, 1987, as amended by CGD 97-023, 62 FR 33362, June 19, 1997; USCG-2001-9286, 66 FR 33639, June 25, 2001; USCG-2010-0351, 75 FR 36278, June 25, 2010; USCG-2014-0410, 79 FR 38428, July 7, 2014]","Any person who desires to file a claim against the United States Coast Guard arising out of the activities of the Coast Guard may obtain information and assistance from the Coast Guard Legal Service Command, Claims Division (LSC-5), located at 300 East Main Street, Suite 400, Norfolk, VA 23510-9100, or from Commandant (CG-0945), Attn: Office of Claims and Litigation, U.S. Coast Guard Stop 7213, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7213, or from the Commander of any Coast Guard District listed in 33 CFR Part 3." 33:33:1.0.1.1.13.1.1.3,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,A,Subpart A—General,,§ 25.105 Definitions.,USCG,,,"[CGD 80-033, 46 FR 27109, May 18, 1981; 46 FR 29933, June 4, 1981]","Accrual date. The day on which the alleged wrongful act or omission results in injury or damage for which a claim is made or when the claimant discovers, or in the exercise of reasonable diligence should have discovered, the alleged wrongful act or omission. Claim. A written notification of an incident accompanied by demand for the payment of a sum certain of money, other than for ordinary obligations incurred for services, supplies, or equipment. Settle. To consider, ascertain, adjust, determine, compromise (when specifically authorized by law), and dispose of a claim by disapproval or approval, in whole or in part. Settlement authority. A person authorized to settle a claim." 33:33:1.0.1.1.13.1.1.4,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,A,Subpart A—General,,§ 25.107 Who may present claims.,USCG,,,,"(a) General rules: (1) A claim for property loss or damage may be presented by anyone having an interest in the property, including an insurer or other subrogee, unless the interest is barred under § 25.109(a). (2) A claim for personal injury may be presented by the person injured. (3) A claim based on death may be presented by the executor or administrator of the decedent's estate, or any other person legally entitled to assert such a claim under local law. The claimant's status must be stated in the claim. (4) A claim for medical, hospital, or burial expenses may be presented by any person who by reason of family relationship has, in fact, incurred the expenses. (b) A joint claim must be presented in the names of and signed by, the joint claimants, and the settlement must be made payable to the joint claimants. (c) A claim may be presented by a duly authorized agent, legal representative or survivor, if it is presented in the name of the claimant. If the claim is not signed by the claimant, the agent, legal representative, or survivor shall indicate their title or legal capacity and provide evidence of their authority to present the claim. (d) Where the same claimant has a claim for damage to or loss of property and a claim for personal injury or a claim based on death arising out of the same incident, they must be combined in one claim." 33:33:1.0.1.1.13.1.1.5,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,A,Subpart A—General,,§ 25.109 Insurance and other subrogated claims.,USCG,,,,"(a) The claims of an insured (subrogor) and an insurer (subrogee) for damages arising out of the same incident constitute a single claim. The total award of combined claims may not exceed the monetary jurisdiction of the settlement authority. If the total award of the combined claims exceeds, or is expected to exceed, a settlement authority's limits, the settlement authority is not permitted to consider either, and the claim file will be forwarded to an appropriate settlement authority. (b) An insured (subrogor) and an insurer (subrogee) may file a claim jointly or separately. If the insurer has fully reimbursed the insured, payment will only be made to the insurer. If separate claims are filed, the settlement will be made payable to each claimant to the extent of that claimant's undisputed interest. If joint claims are filed, the settlement will be sent to the insurer. (c) Each claimant shall include with a claim, a written disclosure concerning insurance coverage including: (1) The names and addresses of all insurers; (2) The kind and amount of insurance; (3) The policy number; (4) Whether a claim has been or will be presented to an insurer, and, if so, the amount of that claim; and whether the insurer has paid the claim in whole or in part, or has indicated payment will be made. (d) Each subrogee shall substantiate an interest or right to file a claim by appropriate documentary evidence and shall support the claim as to liability and measure of damages in the same manner as required of any other claimant. Documentary evidence of payment to a subrogor does not constitute evidence of liability of the United States or conclusive evidence of the amount of damages. The settlement authority makes an independent determination on the issues of fact and law based upon the evidence of record. (e) An insurance or other subrogated claim is not payable under Subpart E, F, or G of this part." 33:33:1.0.1.1.13.1.1.6,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,A,Subpart A—General,,§ 25.111 Action by claimant.,USCG,,,"[CGD 80-033, 46 FR 27109, May 18, 1981, as amended by CGD 87-008b, 52 FR 25217, July 6, 1987; CGD 97-023, 62 FR 33362, June 19, 1997; USCG-2001-9286, 66 FR 33639, June 25, 2001; USCG-2009-0416, 74 FR 27437, June 10, 2009; USCG-2010-0351, 75 FR 36278, June 25, 2010; USCG-2014-0410, 79 FR 38428, July 7, 2014]","(a) Form of claim. The claim must meet the requirements of § 25.113. Authorized forms are available from the offices indicated in § 25.103. (b) Presentation. Whenever possible, the claim must be presented to the Coast Guard Legal Service Command, Claims Division (LSC-5), located at 300 East Main Street, Suite 400, Norfolk, VA 23510-9100. If that is not possible, the claim may also be presented to: (1) The commanding officer of the Coast Guard unit involved; (2) A Coast Guard unit convenient to the claimant; or (3) Commandant (CG-0945), Attn: Office of Claims and Litigation, U.S. Coast Guard Stop 7213, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7213. In a foreign country, where there is no Coast Guard unit, the claim is considered presented to the Coast Guard if it is presented to the military attache of any United States embassy or consulate or to the commanding officer of any unit of the armed services of the United States. (c) Time. The time limits for presenting claims are contained in the following subparts addressing particular claim statutes." 33:33:1.0.1.1.13.1.1.7,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,A,Subpart A—General,,§ 25.113 Contents of claim.,USCG,,,,"(a) A claim under the Federal Tort Claims Act must be presented using Standard Form 95, Claim for Damage, Injury, or Death. (b) A claim under any other Act may be presented using Standard Form 95. Any claim which is not presented using Standard Form 95 shall include: (1) The identity of the department, agency, or activity whose act or omission gave rise to the claim; (2) The full name and mailing address of the claimant. If this mailing address is not claimant's residence, the claimant shall also include residence address; (3) The date, time, and place of the incident giving rise to the claim; (4) The amount claimed, supported by independent evidence of property damage or loss, personal injury, or death, as applicable; (5) A detailed description of the incident giving rise to the claim; (6) A description of any property damage or loss, including the identity of the owner, if other than the claimant, as applicable; (7) The nature and extent of the injury, as applicable; (8) The full name, title, if any, and address of any witness to the incident and a brief statement of the witness' knowledge of the incident; (9) A description of any insurance carried by the claimant or owner of the property and the status of any insurance claim arising from the incident; and (10) An agreement by the claimant to accept the total amount claimed in full satisfaction and final settlement of the claim. (c) A claimant or duly authorized agent or legal representative must sign in ink a claim and any amendment to that claim. If the person's signature does not include the first name, middle initial, if any, and surname, that information must be included in the claim. A married woman must sign her claim in her given name, e.g., “Mary A. Doe,” rather than “Mrs. John Doe.”" 33:33:1.0.1.1.13.1.1.8,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,A,Subpart A—General,,§ 25.115 Evidence supporting a claim.,USCG,,,,"The claimant shall present independent evidence to support a claim. This evidence may include, if available, statements of witnesses, accident or casualty reports, photographs and drawings." 33:33:1.0.1.1.13.1.1.9,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,A,Subpart A—General,,§ 25.117 Proof of amount claimed for personal injury or death.,USCG,,,,"The following evidence must be presented when appropriate: (a) Itemized medical, hospital, and burial bills. (b) A written report by the attending physician including: (1) The nature and extent of the injury and the treatment, (2) The necessity and reasonableness of the various medical expenses incurred, (3) Duration of time injuries prevented or limited employment, (4) Past, present, and future limitations on employment, (5) Duration and extent of pain and suffering and of any disability or physical disfigurement, (6) A current prognosis, (7) Any anticipated medical expenses, and (8) Any past medical history of the claimant relevant to the particular injury alleged. An examination by an independent medical facility or physician may be required to provide independent medical evidence against which to evaluate the written report of the claimant's physician. The settlement authority determines the need for this examination, makes mutually convenient arrangements for such an examination, and bears the costs thereof. (c) All hospital records or other medical documents from either this injury or any relevant past injury. (d) If the claimant is employed, a written statement by the claimant's employer certifying the claimant's: (1) Age, (2) Occupation, (3) Hours of employment, (4) Hourly rate of pay or weekly salary, (5) Time lost from work as a result of the incident, and (6) Claimant's actual period of employment, full-time or part-time, and any effect of the injury upon such employment to support claims for lost earnings. (e) If the claimant is self-employed, written statements, or other evidence showing: (1) The amount of earnings actually lost, and (2) The Federal tax return if filed for the three previous years. (f) If the claim arises out of injuries to a person providing services to the claimant, statement of the cost necessarily incurred to replace the services to which claimant is entitled under law." 33:33:1.0.1.1.13.2.1.1,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,B,Subpart B—Admiralty Claims,,§ 25.201 Scope.,USCG,,,,"This subpart prescribes the requirements for the administrative settlement of maritime tort claims against the United States for death, personal injury, damage to or loss of property caused by a vessel or other property in the service of the Coast Guard, or a maritime tort committed by an agent of the Coast Guard, and for claims for towage and salvage services rendered to a Coast Guard vessel or property." 33:33:1.0.1.1.13.2.1.2,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,B,Subpart B—Admiralty Claims,,§ 25.203 Claims payable.,USCG,,,,"A claim is payable under this subpart if it is: (a) A claim for death, personal injury, damage to or loss of real or personal property arising from a maritime tort caused by an agent or employee of the Coast Guard, or a vessel or other property in the service of the Coast Guard, including an auxiliary facility operated under specific orders and acting within the scope of such orders; or (b) A claim for compensation for towage and salvage services rendered to a vessel in the service of the Coast Guard or to other property under the jurisdiction of the Coast Guard." 33:33:1.0.1.1.13.2.1.3,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,B,Subpart B—Admiralty Claims,,§ 25.205 Claims not payable.,USCG,,,,"A claim is not payable under this subpart if it: (a) Results from action by an enemy, or directly or indirectly from an act of the armed services of the United States in combat; (b) Is purely contractual in nature; (c) Is for death or personal injury of a United States employee for whom benefits are provided under the Federal Employees' Compensation Act, or any other system of compensation where contribution is made or insurance premiums paid directly or indirectly by the United States on behalf of the injured employee; (d) Is one for which a foreign country is responsible under Article VIII of the Agreement Regarding the Status of Forces of Parties to the North Atlantic Treaty, or other similar treaty agreement; (e) Arises from private or domestic obligations as distinguished from governmental transactions; or (f) Is for damage to or loss of personal property of military personnel or civilian employees which is cognizable under the Military Personnel and Civilian Employees' Claims Act, as amended." 33:33:1.0.1.1.13.2.1.4,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,B,Subpart B—Admiralty Claims,,§ 25.207 Time limitation on claims.,USCG,,,,"(a) A settlement authority may administratively settle and approve a claim for final payment within two years from the date that the cause of action accrues. Otherwise, the claim is barred. This two-year period is not extended by presenting a claim nor by negotiations or correspondence. The existence of an administrative claim does not extend the two year statute of limitations in 46 U.S.C. 745. (b) If a complaint is filed in a Federal District Court before the expiration of the two-year period, an administrative settlement may be negotiated by the settlement authority only with the consent of the Department of Justice. Payment is made upon final dismissal of the complaint." 33:33:1.0.1.1.13.3.1.1,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,C,Subpart C—Federal Tort Claims,,§ 25.301 Scope.,USCG,,,,This subpart prescribes the requirements for the administrative settlement of claims against the United States arising out of Coast Guard activities under the Federal Tort Claims Act. 33:33:1.0.1.1.13.3.1.2,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,C,Subpart C—Federal Tort Claims,,§ 25.303 Procedure.,USCG,,,,"A claim shall be presented and processed in accordance with 28 CFR Part 14. Should there be a conflict between the provisions of 33 CFR Part 25, Subpart A and the Department of Justice regulations in 28 CFR Part 14, the Department of Justice regulations govern." 33:33:1.0.1.1.13.4.1.1,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,D,Subpart D—Military Claims,,§ 25.401 Scope.,USCG,,,,This subpart prescribes the requirements for the administrative settlement of claims against the United States arising out of the activities of the Coast Guard under the Military Claims Act. 33:33:1.0.1.1.13.4.1.2,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,D,Subpart D—Military Claims,,§ 25.403 Claims payable.,USCG,,,,"A claim arising at any place caused by military personnel or civilian employees of the Coast Guard acting within the scope of their employment, or otherwise incident to noncombat activities of the Coast Guard, whether or not negligence or intentional tort is shown, is payable under this subpart for: (a) Damage to or loss of real property, including damage or loss incident to the use and occupancy of real property by the Coast Guard; (b) Damage to or loss of personal property, including property bailed to the Coast Guard; (c) Damage to or loss of registered or insured mail while the mail is in the possession of the Coast Guard even though damaged or lost by criminal act; or (d) Death or personal injury." 33:33:1.0.1.1.13.4.1.3,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,D,Subpart D—Military Claims,,§ 25.405 Claims not payable.,USCG,,,"[CGD 80-033, 46 FR 27109, May 18, 1981, as amended by CGD 87-008b, 52 FR 25218, July 6, 1987]","A claim is not payable under this subpart if it: (a) Results from action by an enemy or directly or indirectly from an act of the armed services of the United States in combat; (b) Is purely contractual in nature; (c) Results wholly or partly from the negligent or wrongful act of the claimant, claimant's agent, or claimant's employee, unless comparative negligence is applicable under local law; (d) Is for death or personal injury of a United States employee for whom benefits are provided under the Federal Employees' Compensation Act, Longshoremen's and Harbor Workers' Compensation Act, or any other system of compensation where contribution is made or insurance premiums paid directly or indirectly by the United States on behalf of the injured employee; (e) Is cognizable under Subpart C or E of this part; (f) Is for reimbursement for medical, hospital, or burial services furnished at the expense of the United States; (g) Is one of the following exceptions to the Federal Tort Claims Act, 28 U.S.C. 2680 (a), (b), (e), (f), (h), or (j). (However, a claim falling within the exception contained in 28 U.S.C. 2680 (b) is payable when not prohibited by paragraph (i) of this section.); (h) Results from a specific risk which the claimant assumed in writing before the incident giving rise to the claim; (i) Is for damage to or loss of a letter or postal matter while in the possession of the Postal Service; (j) Is for rent, or other payments involving the acquisition, use, possession, or disposition of real property or interests therein by and for the Coast Guard except as provided in § 25.403(a); (k) Is for the taking of private property by trespass except for actual physical damage; or (l) Is for personal injury or death of a member or civilian employee of the armed services of the U.S. whose death or injury was incident to service." 33:33:1.0.1.1.13.4.1.4,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,D,Subpart D—Military Claims,,§ 25.407 Time limitation on claims.,USCG,,,,"(a) A claim may be settled only if presented in writing within two years after it accrues, except that if it accrues in time of war or armed conflict, or if war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not more than two years after the termination of the war or armed conflict. (b) For the purposes of this section, a war or armed conflict is one in which an armed service of the United States is engaged. The dates of commencement and termination of an armed conflict will be as established by concurrent resolution of Congress or by determination of the President." 33:33:1.0.1.1.13.4.1.5,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,D,Subpart D—Military Claims,,§ 25.409 Appeal.,USCG,,,,"(a) A claimant may submit an appeal, in writing, through the settlement authority disapproving the claim or approving the claim in part. (1) The appeal shall set forth fully the legal or factual bases asserted as grounds for the appeal; and (2) The appeal is permitted only if it is postmarked within 45 days after receipt of (i) notice of disapproval of the claim or (ii) offer of settlement in a reduced amount. (b) The disapproval of a claim is final unless the claimant submits a request for reconsideration or an appeal in writing. (c) Upon receipt of an appeal, the settlement authority examines it and forwards it with the claim file, opinions, and recommendations to the next higher settlement authority." 33:33:1.0.1.1.13.5.1.1,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,E,Subpart E—Foreign Claims,,§ 25.501 Scope.,USCG,,,,"This subpart prescribes the requirements for the administrative settlement of claims against the United States by a foreign country, political subdivision or inhabitant thereof, for death, personal injury, damage to or loss of property occurring outside the United States, its territories, commonwealths, or possessions, caused by a military member or civilian employee of the Coast Guard, or otherwise incident to noncombat activities of the Coast Guard." 33:33:1.0.1.1.13.5.1.2,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,E,Subpart E—Foreign Claims,,§ 25.503 Proper claimants.,USCG,,,,"(a) The claimant, or the decedent in a death case, must have been an inhabitant of a foreign country at the time of the incident giving rise to the claim and must not be otherwise excluded by § 25.505. It is not necessary that a claimant be a citizen of, or legal domiciliary of the foreign country. (b) A corporation or other organization doing business in a foreign country on a permanent basis may qualify as a proper claimant although organized under United States law. (c) The government of a foreign country or a political subdivision thereof is a proper claimant unless excluded by waiver provisions of applicable international agreements." 33:33:1.0.1.1.13.5.1.3,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,E,Subpart E—Foreign Claims,,§ 25.505 Claimants excluded.,USCG,,,,"(a) Civilian employees of the United States and members of the armed services of the United States and their dependents, who are in a foreign country primarily because of their own or their sponsor's duty status. (b) Other citizens of the United States, its territories, commonwealths, or possessions, unless they can establish their status as inhabitants of the foreign country. (c) An insurer or other subrogee." 33:33:1.0.1.1.13.5.1.4,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,E,Subpart E—Foreign Claims,,§ 25.507 Claims payable.,USCG,,,,"(a) A claim is payable under this subpart if it was incident to a noncombat activity of the Coast Guard or was caused by: (1) A military member of the Coast Guard; (2) A civilian employee of the Coast Guard who is not a national of the country in which the incident occurred; or (3) A civilian employee of the Coast Guard who is a national of the country in which the incident occurred if: (i) The employee was within the scope of employment, or (ii) An employer or owner of the property involved would be liable under local law. (b) The fact that the act giving rise to a claim may constitute a crime does not, by itself, bar relief. (c) Local law or custom pertaining to contributory or comparative negligence, and to joint tort-feasors, are applied to the extent practicable." 33:33:1.0.1.1.13.5.1.5,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,E,Subpart E—Foreign Claims,,§ 25.509 Claims not payable.,USCG,,,,"A claim is not payable under this subpart if it: (a) Results from action by an enemy or directly or indirectly from an act of the armed services of the United States in combat; (b) Is purely contractual in nature; (c) Is for death or personal injury of a United States employee for whom benefits are provided under the Federal Employees' Compensation Act, the Longshoremen's and Harbor Workers' Compensation Act, or any other system of compensation where contribution is made or insurance premiums paid directly or indirectly by the United States on behalf of the injured employee; (d) Is one for which a foreign country is responsible under Article VIII of the Agreement Regarding the Status of Forces of Parties to the North Atlantic Treaty, or other similar treaty agreement; (e) Arises from private or domestic obligations as distinguished from governmental transactions; (f) Is a bastardy claim; or (g) Involves a patent or copyright infringement." 33:33:1.0.1.1.13.5.1.6,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,E,Subpart E—Foreign Claims,,§ 25.511 Time limitation on claims.,USCG,,,,"A claim may be settled only if presented in writing within two years after it accrues. Under appropriate circumstances, a claim presented orally may be considered." 33:33:1.0.1.1.13.5.1.7,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,E,Subpart E—Foreign Claims,,§ 25.513 Amount claimed.,USCG,,,,The claimant shall state the amount claimed in the currency of the country where the incident occurred or where the claimant resided at the time of the incident. 33:33:1.0.1.1.13.5.1.8,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,E,Subpart E—Foreign Claims,,§ 25.515 Settlement and notice to claimant.,USCG,,,,"If a claim is determined to be meritorious in any amount, a written acceptance and release or a claim settlement agreement shall be signed by the claimant before payment. The release executed by the claimant shall release the United States and also release the tort-feasor or the person who occasioned the damage, injury, or death." 33:33:1.0.1.1.13.6.1.1,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,F,Subpart F—Claims Not Cognizable Under Other Law,,§ 25.601 Scope.,USCG,,,,This subpart prescribes the requirements for the administrative settlement of claims against the United States under 10 U.S.C. 2737 incident to use of property of the United States and not cognizable under other law. 33:33:1.0.1.1.13.6.1.2,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,F,Subpart F—Claims Not Cognizable Under Other Law,,§ 25.603 Claims payable.,USCG,,,,"A claim for death, personal injury, or damage to or loss of real or personal property under this subpart is payable when caused by a military member or a civilian employee of the Coast Guard: (a) Incident to the use of a vehicle of the United States at any place; or (b) Incident to the use of any other property of the United States on a government installation." 33:33:1.0.1.1.13.6.1.3,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,F,Subpart F—Claims Not Cognizable Under Other Law,,§ 25.605 Claims not payable.,USCG,,,,"A claim is not payable under this subpart if it: (a) Is legally recoverable by the claimant under a compensation statute or an insurance policy; (b) Results wholly or partly from the negligent or wrongful act of the claimant, claimant's agent or employee; (c) Is a subrogated claim; (d) Is cognizable under any other provision of law or regulation administered by the Coast Guard; or (e) Is for any element of damage pertaining to death or personal injury, other than the cost of reasonable medical, hospital, and burial expenses actually incurred and not otherwise furnished or paid by the United States." 33:33:1.0.1.1.13.6.1.4,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,F,Subpart F—Claims Not Cognizable Under Other Law,,§ 25.607 Time limitation on claims.,USCG,,,,A claim may be settled only if presented in writing within two years after it accrues. 33:33:1.0.1.1.13.6.1.5,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,F,Subpart F—Claims Not Cognizable Under Other Law,,§ 25.609 Settlement and notice to claimant.,USCG,,,,"If a claim is determined to be meritorious in any amount, the claimant must sign a written acceptance and release or a claim settlement agreement before payment. Although larger claims may be considered, no claim may be approved or paid in an amount that exceeds $1,000.00." 33:33:1.0.1.1.13.7.1.1,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,G,"Subpart G—Article 139, Uniform Code of Military Justice",,§ 25.701 Scope.,USCG,,,,"This subpart prescribes the requirements for the administrative settlement of claims under Article 139, Uniform Code of Military Justice, 10 U.S.C. 939, against military members of the Coast Guard for damage to property willfully caused by them or loss of property wrongfully taken by them." 33:33:1.0.1.1.13.7.1.2,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,G,"Subpart G—Article 139, Uniform Code of Military Justice",,§ 25.703 Claims payable.,USCG,,,,"A claim for damage to or loss of real or personal property caused by a military member of the Coast Guard is payable under this subpart when the damage or loss results from: (a) Willful or intentional acts; (b) Wrongful taking; or (c) Riotous, violent, and reckless conduct or acts of depredation by an individual or group that evidences willfulness." 33:33:1.0.1.1.13.7.1.3,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,G,"Subpart G—Article 139, Uniform Code of Military Justice",,§ 25.705 Claims not payable.,USCG,,,,"A claim is not payable under this subpart if it: (a) Is for death or personal injury; (b) Results wholly or partly from the grossly negligent, or reckless act of the claimant, claimant's agent or employee; (c) Is a subrogated claim; (d) Is for damage to or loss of property owned by the United States or property of a Nonappropriated Fund Activity; (e) Results from negligence; (f) Is for indirect or remote damages; (g) Is for damage to or loss of property resulting from the act or omission of a member of the Coast Guard acting within the scope of the member's employment; (h) Extends to damage or loss that results from the owner's failure to mitigate damages; or (i) Has been paid by a third party." 33:33:1.0.1.1.13.7.1.4,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,G,"Subpart G—Article 139, Uniform Code of Military Justice",,§ 25.707 Time limitation on claims.,USCG,,,,A claim may be settled only if presented within 90 days after it accrues unless good cause is shown for the delay. 33:33:1.0.1.1.13.7.1.5,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,G,"Subpart G—Article 139, Uniform Code of Military Justice",,§ 25.709 Assessment limitation on claims.,USCG,,,,"A claim is permitted in any amount; however, this subpart prohibits any assessment that exceeds one-half of one month's basic pay against the pay of any offender." 33:33:1.0.1.1.13.8.1.1,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,H,Subpart H—Pollution Removal Damage Claims,,§ 25.801 Scope.,USCG,,,,"This subpart prescribes the requirements for the administrative settlement of claims against the United States for damage to or loss of property resulting from containment or removal activities during Phase III or IV of the National Contingency Plan, under the Federal Water Pollution Control Act, as amended. 33 U.S.C. 1321." 33:33:1.0.1.1.13.8.1.2,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,H,Subpart H—Pollution Removal Damage Claims,,§ 25.803 Claims payable.,USCG,,,,"A claim for damage to or loss of real or personal property is payable under this subpart if: (a) Caused by the United States, its employees, agents or contractors during containment, countermeasures, cleanup, mitigation, and disposal activities under the National Contingency Plan; and (b) In the exercise of care reasonable under the circumstances, the incident giving rise to the claim was necessary and the damage unavoidable." 33:33:1.0.1.1.13.8.1.3,33,Navigation and Navigable Waters,I,A,25,PART 25—CLAIMS,H,Subpart H—Pollution Removal Damage Claims,,§ 25.805 Claims not payable.,USCG,,,,"A claim is not payable under this subpart if it: (a) Is for death or personal injury; or (b) Arises out of activities to contain or remove a discharge of oil or other hazardous polluting substance from a United States or foreign public vessel or federally controlled facility." 46:46:1.0.1.3.18.1.7.1,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.01,Subpart 25.01—Application,,§ 25.01-1 Applicable to all vessels.,USCG,,,"[USCG-2012-0832, 77 FR 59775, Oct. 1, 2012]","The provisions of this part shall apply to all vessels except as specifically noted. 33 CFR parts 175, 177, 179, 181 and 183 contain additional regulations applicable to Uninspected Passenger Vessels." 46:46:1.0.1.3.18.1.7.2,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.01,Subpart 25.01—Application,,§ 25.01-3 Incorporation by reference.,USCG,,,"[USCG-2012-0196, 81 FR 48245, July 22, 2016]","(a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG-4), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from the sources listed below. It is also available for inspection 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_regulations/ibr_locations.html . (b) American Boat and Yacht Council (ABYC), 613 Third Street, Suite 10, Annapolis, MD 21403, 410-990-4460, http://www.abycinc.org . (1) Standard A-1-78, Marine LPG-Liquefied Petroleum Gas Systems, December 15, 1978, IBR approved for § 25.45-2(b). (2) Standard A-22-78, Marine CNG-Compressed Natural Gas Systems, December 15, 1978, IBR approved for § 25.45-2(b). (3) Standard A-16-97, Electric Navigation Lights, July 1997, IBR approved for § 25.10-3(a). (c) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617-770-3000, http://www.nfpa.org . (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009, IBR approved for § 25.30-10(a) through (d). (2) NFPA 13, Standard for the Installation of Sprinkler Systems, 2010 Edition, effective August 26, 2009, IBR approved for § 25.30-15(c). (3) NFPA 302, Fire Protection Standard for Pleasure and Commercial Motor Craft, 1989, IBR approved for § 25.45-2(b). (d) Society of Automotive Engineers (SAE), 400 Commonwealth Drive, Warrendale, PA 15096, 724-776-4841, http://www.sae.org . (1) SAE J-1928, Devices Providing Backfire Flame Control for Gasoline Engines in Marine Applications, June 1, 1989, IBR approved for § 25.35-1. (2) [Reserved] (e) UL (formerly Underwriters Laboratories), 12 Laboratory Drive, Research Triangle Park, NC 27709, 919-549-1400, http://www.ul.com . (1) UL 1111, Marine Carburetor Flame Arrestors, June 1988, IBR approved for § 25.35-1. (2) [Reserved]" 46:46:1.0.1.3.18.1.7.3,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.01,Subpart 25.01—Application,,§ 25.01-5 OMB control numbers assigned pursuant to the Paperwork Reduction Act.,USCG,,,"[CGD 83-013, 54 FR 6401, Feb. 10, 1989 and CGD 83-013, 55 FR 3959, Feb. 6, 1990; USCG-2004-18884, 69 FR 58344, Sept. 30, 2004]","(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." 46:46:1.0.1.3.18.2.7.1,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.10,Subpart 25.10—Navigation Lights,,§ 25.10-1 Applicability.,USCG,,,,"This subpart applies to vessel manufacturers, distributors, and dealers installing navigation lights on all uninspected commercial vessels, except those completed before November 7, 2002." 46:46:1.0.1.3.18.2.7.2,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.10,Subpart 25.10—Navigation Lights,,§ 25.10-2 Definitions.,USCG,,,,"As used in this subpart: Dealer means any person who is engaged in the sale and distribution of vessels to purchasers who the seller in good faith believes to be purchasing any such vessel for purposes other than resale. Distributor means any person engaged in the sale and distribution of vessels for the purpose of resale. Manufacturer means any person engaged in: (1) The manufacture, construction, or assembly of vessels, or (2) The importation of vessels into the United States for subsequent sale. Navigation lights are those lights prescribed by the Navigation Rules (Commandant Instruction 16672.2 series) to indicate a vessel's presence, type, operation, and relative heading." 46:46:1.0.1.3.18.2.7.3,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.10,Subpart 25.10—Navigation Lights,,§ 25.10-3 Navigation light certification requirements.,USCG,,,,"(a) Except as provided by paragraph (b) of this section, each navigation light must— (1) Meet the technical standards of the applicable Navigation Rules; (2) Be certified by a laboratory listed by the Coast Guard to the standards of ABYC A-16 (incorporated by reference, see § 25.01-3), or equivalent, although portable battery-powered lights need only meet the requirements of the standard applicable to them; and (3) Bear a permanent and indelible label stating the following: (i) “USCG Approval 33 CFR 183.810” (ii) “MEETS __.” (Insert the identification name or number of the standard under paragraph (a)(2) of this section, to which the light was type-tested.) (iii) “TESTED BY __.” (Insert the name or registered certification-mark of the laboratory listed by the Coast Guard that tested the fixture to the standard under paragraph (a)(2) of this section.) (iv) Name of Manufacturer. (v) Number of Model. (vi) Visibility of the light in nautical miles (nm). (vii) Date on which the light was type-tested. (viii) Identification of bulb used in the compliance test. (b) If a light is too small to attach the required label— (1) Place the information from the label in or on the package that contains the light; and (2) Mark each light “USCG” followed by the certified range of visibility in nautical miles, for example, “USCG 2nm.” Once installed, this mark must be visible without removing the light." 46:46:1.0.1.3.18.3.7.1,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.25,Subpart 25.25—Life Preservers and Other Lifesaving Equipment,,§ 25.25-1 Application.,USCG,,,"[CGD 72-172R, 38 FR 8117, Mar. 28, 1973, as amended by USCG-2012-0919, 79 FR 53630, Sept. 10, 2014]","This subpart applies to each vessel to which this part applies, except: (a) Vessels used for noncommercial use; and (b) Vessels leased, rented, or chartered to another for the latter's noncommercial use." 46:46:1.0.1.3.18.3.7.10,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.25,Subpart 25.25—Life Preservers and Other Lifesaving Equipment,,§ 25.25-19 Visual distress signals.,USCG,,,"[USCG-1999-5040, 67 FR 34776, May 15, 2002]",Each uninspected passenger vessel must meet the visual distress signal requirements of 33 CFR part 175 applicable to the vessel. 46:46:1.0.1.3.18.3.7.2,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.25,Subpart 25.25—Life Preservers and Other Lifesaving Equipment,,§ 25.25-3 Definitions.,USCG,,,"[USCG-2012-0919, 79 FR 53630, Sept. 10, 2014]","As used in this subpart: (a) Approval series means the first six digits of a number assigned by the Coast Guard to approved equipment. Where approval is based on a subpart of subchapter Q of this chapter, the approval series corresponds to the number of the subpart. 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. (b) Approved means approved under subchapter Q of this chapter. (c) Use means operate, navigate, or employ." 46:46:1.0.1.3.18.3.7.3,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.25,Subpart 25.25—Life Preservers and Other Lifesaving Equipment,,§ 25.25-5 Life preservers and other lifesaving equipment required.,USCG,,,"[USCG-2012-0919, 79 FR 53630, Sept. 10, 2014, as amended by USCG-2022-0120, 89 FR 97387, Dec. 6, 2024]","(a) No person may operate a vessel to which this subpart applies unless it meets the requirements of this subpart. (b)(1) Each vessel not carrying passengers for hire and less than 40 feet in length must have on board at least one wearable personal flotation device (PFD) approved under subchapter Q of this chapter, and of a suitable size for each person on board. (2) Each vessel carrying passengers for hire, and each vessel not carrying passengers for hire and 40 feet in length or longer, must have at least one PFD approved under approval series 160.055, 160.155, 160.176, or 160.255, and of a suitable size for each person on board. (3) In addition to the equipment required by paragraphs (b)(1) and (b)(2) of this section, each vessel 26 feet in length or longer, except for a barge to which this subpart applies, must have at least one approved lifebuoy, and each uninspected passenger vessel of at least 100 gross tons must have at least three approved lifebuoys. Lifebuoys must be approved under approval series 160.050 or 160.150, except that a lifebuoy approved under former 46 CFR 160.009 prior to May 9, 1979 (see 46 CFR chapter I, revised as of October 1, 1979), may be used as long as it is in good and serviceable condition. (c)(1) Each vessel not carrying passengers for hire may substitute an immersion suit approved under 46 CFR 160.171 for a wearable PFD required under paragraphs (b)(1) or (b)(2) of this section. (2) On each vessel, regardless of length and regardless of whether carrying passengers for hire, a commercial hybrid PFD approved under former approval series 160.077 prior to January 6, 2025, may be substituted for a PFD approved under approval series 160.055, 160.155, 160.176, or 160.255 if it is in good and serviceable condition and— (i) Used in accordance with the conditions marked on the PFD and in the owner's manual; and (ii) Labeled for use on commercial vessels." 46:46:1.0.1.3.18.3.7.4,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.25,Subpart 25.25—Life Preservers and Other Lifesaving Equipment,,§ 25.25-7 Marking.,USCG,,,,The lifesaving equipment required by this subpart must be legibly marked as specified in subchapter Q of this chapter. 46:46:1.0.1.3.18.3.7.5,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.25,Subpart 25.25—Life Preservers and Other Lifesaving Equipment,,§ 25.25-9 Storage.,USCG,,,"[CGD 72-172R, 38 FR 8117, Mar. 28, 1973, as amended by CGD 82-075a, 49 FR 4483, Feb. 7, 1984; USCG-2012-0919, 79 FR 53631, Sept. 10, 2014]","(a) The lifesaving equipment designed to be worn required in § 25.25-5(b) and (c) must be readily accessible. (b) Lifesaving equipment designed to be thrown required in § 25.25-5(b) must be immediately available. (c) For a barge to which this subpart applies, the wearable lifesaving equipment specified in § 25.25-5 need not be stored on board the barge if the barge's operator stores it elsewhere, and ensures that each individual dons the equipment or a work vest approved under 46 CFR 160.053 before boarding the barge and keeps it on for as long as the individual remains on board and at risk of falling overboard." 46:46:1.0.1.3.18.3.7.6,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.25,Subpart 25.25—Life Preservers and Other Lifesaving Equipment,,§ 25.25-11 Condition.,USCG,,,,The lifesaving equipment required by this subpart must be in serviceable condition. 46:46:1.0.1.3.18.3.7.7,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.25,Subpart 25.25—Life Preservers and Other Lifesaving Equipment,,§ 25.25-13 Personal flotation device lights.,USCG,,,"[44 FR 38783, July 2, 1979, as amended by CGD 82-075a, 49 FR 4483, Feb. 7, 1984; CGD 97-057, 62 FR 51042, Sept. 30, 1997]","(a) This section applies to vessels described in § 25.25-1 that engage in ocean, coastwise, or Great Lakes voyages. (b) Each immersion suit carried in accordance with § 25.25-5(e), each life preserver, each marine buoyant device intended to be worn, and each buoyant vest must have a personal flotation device light that is approved under subpart 161.012 of this chapter. (c) Each personal flotation device light required by this section must be securely attached to the front shoulder area of the immersion suit, life preserver, or other personal flotation device. (d) If a personal flotation device light has a non-replaceable power source, the light must be replaced on or before the expiration date of the power source. If the light has a replaceable power source, the power source must be replaced on or before its expiration date and the light must be replaced when it is no longer serviceable." 46:46:1.0.1.3.18.3.7.8,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.25,Subpart 25.25—Life Preservers and Other Lifesaving Equipment,,§ 25.25-15 Retroreflective material for personal flotation devices.,USCG,,,"[CGD 76-028, 44 FR 38783, July 2, 1979, as amended by CGD 82-075a, 49 FR 4483, Feb. 7, 1984]","(a) Each life preserver, each marine buoyant device intended to be worn, and each buoyant vest carried on a vessel must have Type I retroreflective material that is approved under subpart 164.018 of this chapter. (b) Each item required to have retroreflective material must have at least 200 sq. cm (31 sq. in.) of material attached to its front side, at least 200 sq. cm of material on its back side, and, if the item is reversible, at least 200 sq. cm of material on each of its reversible sides. The material attached on each side of the item must be divided equally between the upper quadrants of the side, and the material in each quadrant must be attached as closely as possible to the shoulder area of the item." 46:46:1.0.1.3.18.3.7.9,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.25,Subpart 25.25—Life Preservers and Other Lifesaving Equipment,,§ 25.25-17 Survival craft requirements for uninspected passenger vessels of at least 100 gross tons.,USCG,,,"[USCG-1999-5040, 67 FR 34776, May 15, 2002]","(a) Each uninspected passenger vessel of at least 100 gross tons must have adequate survival craft with enough capacity for all persons aboard and must meet one of the following requirements: (1) An inflatable liferaft must be approved under 46 CFR part 160, subparts 160.051 or 160.151, and be equipped with an applicable equipment pack or be approved by another standard specified by the Commandant. Inflatable liferafts must be serviced at a servicing facility approved under 46 CFR part 160, subpart 160.151. (2) An inflatable buoyant apparatus must be approved under 46 CFR part 160, subpart 160.010 or under another standard specified by the Commandant. An inflatable buoyant apparatus must be serviced at a servicing facility approved under 46 CFR part 160, subpart 160.151. (b) If the vessel carries a small boat or boats, the capacity of the small boat or boat(s) may be counted toward the survival craft capacity required by this part. Such small boat or boat(s) must meet the requirements for safe loading and floatation in 33 CFR part 183." 46:46:1.0.1.3.18.4.7.1,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.26,Subpart 25.26—Emergency Position Indicating Radio Beacons (EPIRB),,§ 25.26-1 Definitions.,USCG,,,"[CGD 87-016a, 58 FR 13367, Mar. 10, 1993, as amended by USCG-2007-29018, 72 FR 53964, Sept. 21, 2007]","As used in this subpart: Berthing space means a space that is intended to be used for sleeping and is provided with installed bunks and mattresses. EPIRB means an Emergency Position Indicating Radiobeacon which is Type Accepted by the Federal Communications Commission under requirements in 47 CFR parts 2 and 80. Galley means a space that provides for the preparation and extended storage of food. This does not include small alcohol or propane stoves with limited cooking capability, or ice chests or similar devices that are intended for keeping small quantities of food for short durations. High seas means the waters beyond a line three nautical miles seaward of the Territorial Sea Baseline as defined in 33 CFR 2.20. Length means the length listed on a vessel's Certificate of Documentation or Certificate of Number. Uninspected passenger vessel means a vessel which, when used for commercial service, is used solely to carry passengers for hire or to provide non-emergency assistance to boaters (assistance towing), and which is not inspected by the Coast Guard under any other 46 CFR subchapter. As an example, a vessel on a voyage involving catching fish which are to be sold, is a commercial fishing industry vessel for the purposes of the EPIRB regulations in this section, even if there are passengers on board during the voyage." 46:46:1.0.1.3.18.4.7.2,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.26,Subpart 25.26—Emergency Position Indicating Radio Beacons (EPIRB),,§ 25.26-5 Commercial fishing industry vessels.,USCG,,,"[CGD 87-016a, 58 FR 13367, Mar. 10, 1993; 58 FR 27658, May 11, 1993, as amended by CGD 95-028, 62 FR 51196, Sept. 30, 1997; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998]","(a) The owner of a fishing vessel, a fish processing vessel, or a fish tender vessel, 11 meters (36 feet) or more in length, except for vessels described in paragraph (b) or (c) of this section, shall ensure that the vessel does not operate on the high seas or beyond three miles from the coastline of the Great Lakes unless it has on board a float-free, automatically activated Category 1 406 MHz EPIRB stowed in a manner so that it will float-free if the vessel sinks. (b) The owner of a fishing vessel, fish processing vessel, or a fish tender vessel less than 11 meters (36 feet) in length, or 11 meters or more in length which has a builder's certification that the vessel is constructed with sufficient inherently buoyant material to keep the flooded vessel afloat, shall ensure that the vessel does not operate on the high seas or beyond three miles from the coastline of the Great Lakes, unless it has installed in a readily accessible location at or near the principal steering station— (1) A manually activated Category 2 406 MHz EPIRB; or (2) A float-free, automatically activated Category 1 406 MHz EPIRB. (3) Until February 1, 1998, a 121.5/243.0 MHz EPIRB meeting § 25.26-30. (c) The owner of a fishing vessel, fish processing vessel or a fish tender vessel 11 meters (36 feet) or more in length that does not have installed galley or berthing facilities, shall ensure that the vessel does not operate on the high seas or beyond three miles from the coastline of the Great Lakes unless it has on board a float-free, automatically activated Category 1 406 MHz EPIRB stowed in a manner so that it will float free if the vessel sinks." 46:46:1.0.1.3.18.4.7.3,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.26,Subpart 25.26—Emergency Position Indicating Radio Beacons (EPIRB),,§ 25.26-10 EPIRB requirements for uninspected passenger vessels.,USCG,,,"[USCG-1999-5040, 67 FR 34776, May 15, 2002]","(a) Uninspected passenger vessels less than 100 gross tons are not required to carry an EPIRB. (b) The owner, operator, or master of an uninspected passenger vessel of at least 100 gross tons must ensure that the vessel does not operate beyond three miles from shore as measured from the territorial sea baseline seaward or more than three miles from the coastline of the Great Lakes, unless it has onboard a float-free, automatically activated Category 1 406 MHz EPIRB stowed in a manner so that it will float free if the vessel sinks." 46:46:1.0.1.3.18.4.7.4,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.26,Subpart 25.26—Emergency Position Indicating Radio Beacons (EPIRB),,§ 25.26-20 Other manned uninspected commercial vessels.,USCG,,,"[CGD 87-016a, 58 FR 13367, Mar. 10, 1993; 58 FR 27658, May 11, 1993, as amended by CGD 95-028, 62 FR 51196, Sept. 30, 1997; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998]","(a) The owner of a manned uninspected commercial vessel 11 meters (36 feet) or more in length, other than a vessel under § 25.26-5 or § 25.26-10 or under paragraph (b) of this section, shall ensure that the vessel does not operate on the high seas or beyond three miles from the coastline of the Great Lakes, unless it has on board a float-free, automatically activated Category 1 406 MHz EPIRB stowed in a manner so that it will float free if the vessel sinks. (b) The owner of a manned uninspected commercial vessel less than 11 meters (36 feet) in length, or 11 meters or more in length which has a builder's certification that the vessel is constructed with sufficient inherently buoyant material to keep the flooded vessel afloat, shall ensure that the vessel does not operate on the high seas or beyond three miles from the coastline of the Great Lakes, unless it has installed in a readily accessible location at or near the principal steering station— (1) A manually activated Category 2 406 MHz EPIRB; or (2) A float-free, automatically activated Category 1 406 MHz EPIRB." 46:46:1.0.1.3.18.4.7.5,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.26,Subpart 25.26—Emergency Position Indicating Radio Beacons (EPIRB),,§ 25.26-50 Servicing of EPIRBs.,USCG,,,"[CGD 87-016a, 58 FR 13367, Mar. 10, 1993; 58 FR 27658, May 11, 1993]","(a) The master of each vessel required to have an EPIRB under this subpart shall ensure that each EPIRB on board is tested and serviced as required by this section. (b) The EPIRB must be tested immediately after installation and at least once each month thereafter, unless it is an EPIRB installed in a Coast Guard approved inflatable liferaft that is tested annually during the servicing of the liferaft by an approved servicing facility. The test shall be conducted in accordance with the manufacturer's instructions, using the visual or audio indicator on the EPIRB. If the EPIRB is not operating, it must be repaired or replaced with an operating EPIRB. (c) The battery of the EPIRB must be replaced— (1) Immediately after the EPIRB is used for any purpose other than being tested; and (2) Before the expiration date that is marked on the battery." 46:46:1.0.1.3.18.4.7.6,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.26,Subpart 25.26—Emergency Position Indicating Radio Beacons (EPIRB),,§ 25.26-60 Exemptions.,USCG,,,,"(a) A skiff or work boat is not required to carry an EPIRB if— (1) Its “mother ship” is required to carry an EPIRB under this subpart; and (2) When not in use, the skiff or work boat is carried on board the mother ship. (b) Each Coast Guard District Commander may, on a case-by-case basis, grant exemptions from the carriage requirements of EPIRBs in this subpart for certain geographic areas within the boundaries of his or her own district if the District Commander determines that an EPIRB will not significantly enhance the overall safety of the vessel and crew. Exemptions may be limited to specific time periods. Exemptions granted under this paragraph must be: (1) Issued in writing by the cognizant Coast Guard District Commander for each individual application; and (2) For geographic locations and may be limited to specific time periods." 46:46:1.0.1.3.18.5.7.1,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.30,Subpart 25.30—Fire Extinguishing Equipment,,§ 25.30-1 Applicability.,USCG,,,"[USCG-2018-0099, 86 FR 58573, Oct. 22, 2021]","(a) This subpart applies to all vessels contracted for on or after August 22, 2016, except for recreational vessels as defined in 33 CFR 175.3, which are governed by fire safety equipment requirements at 33 CFR part 175, subpart E. (b) All vessels contracted for before August 22, 2016, and after November 19, 1952, except recreational vessels as defined in 33 CFR 175.3, must meet the requirements of 46 CFR 25.30-80. (c) All vessels, contracted for before November 19, 1952, except recreational vessels as defined in 33 CFR 175.3, must meet the requirements of 46 CFR 25.30-90." 46:46:1.0.1.3.18.5.7.2,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.30,Subpart 25.30—Fire Extinguishing Equipment,,§ 25.30-5 General provisions.,USCG,,,"[CGFR 65-50, 30 FR 16653, Dec. 30, 1965, as amended by CGD 96-041, 61 FR 50726, Sept. 27, 1996]","(a) Where equipment in this subpart is required to be of an approved type, such equipment requires the specific approval of the Commandant. Such approvals are published in the Federal Register, and in addition, are contained in Coast Guard publication COMDTINST M16714.3 (Series), Equipment Lists. (b) All hand portable fire extinguishers, semiportable fire extinguishing systems, and fixed fire extinguishing systems shall be of an approved type." 46:46:1.0.1.3.18.5.7.3,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.30,Subpart 25.30—Fire Extinguishing Equipment,,§ 25.30-10 Portable fire extinguishers and semi-portable fire extinguishing systems.,USCG,,,"[USCG-2012-0196, 81 FR 48245, July 22, 2016]","(a) Portable and semi-portable extinguishers must be inspected and maintained in accordance with NFPA 10 (incorporated by reference, see § 25.01-3). (b) Certification or licensing by a state or local jurisdiction as a fire extinguisher servicing agency will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of extinguishers. (c) Monthly inspections required by NFPA 10 may be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (d) Non-rechargeable or non-refillable extinguishers must be inspected and maintained in accordance with NFPA 10; however, the annual maintenance need not be conducted by a certified person and can be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (e) The owner or managing operator must provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records has not been properly maintained, a qualified servicing facility must perform the required inspections, maintenance procedures, and hydrostatic pressure tests. A tag issued by a qualified servicing organization, and attached to each extinguisher, may be accepted as evidence that the necessary maintenance procedures have been conducted. (f) Vaporizing-liquid type fire extinguishers containing carbon tetrachloride, chlorobromomethane, or other toxic vaporizing liquids are not acceptable as equipment required by this subchapter. (g) Portable or semi-portable extinguishers, which are required on their name plates to be protected from freezing, must not be located where freezing temperatures may be expected. (h) The use of dry chemical, stored pressure, fire extinguishers not fitted with pressure gauges or indicating devices, manufactured prior to January 1, 1965, may be permitted on motorboats and other vessels so long as such extinguishers are maintained in good and serviceable condition. The following maintenance and inspections are required for such extinguishers: (1) When the date on the inspection record tag on the extinguishers shows that 6 months have elapsed since the last weight check ashore, then such extinguishers are no longer accepted as meeting required maintenance conditions until they are reweighed ashore, found to be in a serviceable condition, and within required weight conditions. (2) If the weight of the container is 1/4 ounce less than that stamped on the container, it must be serviced. (3) If the outer seal or seals (which indicate tampering or use when broken) are not intact, the boarding officer or marine inspector will inspect such extinguishers to see that the frangible disc in the neck of the container is intact; and if such disc is not intact, the container must be serviced. (4) If there is evidence of damage, use, or leakage, such as dry chemical powder observed in the nozzle or elsewhere on the extinguisher, the extinguisher must be serviced or replaced. (i) Dry chemical extinguishers, stored pressure extinguishers, and fire extinguishers without pressure gauges or indicating devices manufactured after January 1, 1965, cannot be labeled with the marine type label described in 46 CFR 162.028-4. These extinguishers manufactured after January 1, 1965, may be carried onboard motorboats or other vessels as excess equipment. (j) Semi-portable extinguishers must be fitted with a suitable hose and nozzle, or other practicable means, so that all portions of the space concerned may be covered." 46:46:1.0.1.3.18.5.7.4,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.30,Subpart 25.30—Fire Extinguishing Equipment,,§ 25.30-15 Fixed fire extinguishing systems.,USCG,,,"[USCG-2012-0196, 81 FR 48245, July 22, 2016]","(a) When a fixed fire extinguishing system is installed, it must be a type approved or accepted by the Commandant (CG-ENG-4) or the Commanding Officer, U.S. Coast Guard Marine Safety Center. (b) If the system is a carbon-dioxide type, then it must be designed and installed in accordance with subpart 76.15 of part 76 of subchapter H (Passenger Vessels) of this chapter. (c) If the system is an automatic sprinkler system then it must be designed and installed in accordance with Chapter 25 of NFPA 13 (incorporated by reference, see § 25.01-3)." 46:46:1.0.1.3.18.5.7.5,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.30,Subpart 25.30—Fire Extinguishing Equipment,,§ 25.30-20 Fire extinguishing equipment required.,USCG,,,"[CGFR 65-50, 30 FR 16653, Dec. 30, 1965, as amended by CGD 77-039, 44 FR 34132, June 14, 1979; CGD 97-057, 62 FR 51042, Sept. 30, 1997; USCG-1999-5040, 67 FR 34776, May 15, 2002; USCG-2012-0196, 81 FR 48246, July 22, 2016]","(a) Motorboats. (1) All motorboats must carry at least the minimum number of portable fire extinguishers set forth in table 25.30-20(a)(1), except that motorboats less than 26 feet in length, propelled by outboard motors and not carrying passengers for hire, need not carry portable fire extinguishers if the construction of the boats will not permit the entrapment of explosive or flammable gases or vapors. Table 25.30-20( a )(1) 1 One 20-B portable fire extinguisher may be substituted for two 5-B portable fire extinguishers. (2) The intent of this regulation is illustrated in Figure 25.30-20(a1) where fire extinguishers are required if any one or more of the specified conditions exist, and in Figure 25.30-20(a2) where specified conditions do not, in themselves, require that fire extinguishers be carried. Fire extinguishers are required if any one or more of the following conditions exist (numbers identifying conditions are the same as those placed in Figure 25.30-20 (a1)): 1. Closed compartment under thwarts and seats wherein portable fuel tanks may be stored. 2. Double bottoms not sealed to the hull or which are not completely filled with flotation material. 3. Closed living spaces. 4. Closed stowage compartments in which combustible or flammable materials are stowed. 5. Permanently installed fuel tanks. Figure 25.30-20( a 2) The following conditions do not, in themselves, require that fire extinguishers be carried (numbers identifying conditions are the same as those placed in Figure 25.30-20(a2)): 1. Bait wells. 2. Glove compartments. 3. Buoyant flotation material. 4. Open slatted flooring. 5. Ice chests. Fire extinguishers are required if any one or more of the following conditions exist (numbers identifying conditions are the same as those placed in Figure 25.30-20 (a1)): 1. Closed compartment under thwarts and seats wherein portable fuel tanks may be stored. 2. Double bottoms not sealed to the hull or which are not completely filled with flotation material. 3. Closed living spaces. 4. Closed stowage compartments in which combustible or flammable materials are stowed. 5. Permanently installed fuel tanks. The following conditions do not, in themselves, require that fire extinguishers be carried (numbers identifying conditions are the same as those placed in Figure 25.30-20(a2)): 1. Bait wells. 2. Glove compartments. 3. Buoyant flotation material. 4. Open slatted flooring. 5. Ice chests. (3) Table 25.30-20(a)(1) of this section indicates the minimum quantity and type of extinguisher to be carried. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table. (b) Uninspected passenger vessels of at least 100 gross tons. All uninspected passenger vessels of at least 100 gross tons must carry onboard portable and semi-portable fire extinguishers per table 76.50-10(a) in § 76.50-10 of this chapter. (c) Motor vessels. (1) All motor vessels must carry at least the minimum number of portable fire extinguishers set forth in table 25.30-20(b) (1). Table 25.30-20( b )(1) (2) In addition to the portable fire extinguishers required by paragraph (b)(1) of this section, the following fire extinguishing equipment must be fitted in the machinery space: (i) One Type 20-B portable fire extinguisher must be carried for each 1,000 B. H. P. of the main engines or fraction thereof. However, not more than 6 such extinguishers need be carried. (ii) On motor vessels of over 300 gross tons, either one 160-B semi-portable fire extinguishing system must be fitted, or alternatively, a fixed fire extinguishing system must be fitted in the machinery space. (3) The frame or support of each 160-B fire extinguisher required by paragraph (b)(2)(ii) of this section must be welded or otherwise permanently attached to a bulkhead or deck. (4) If an approved semi-portable fire extinguisher has wheels, it must be securely stowed when not in use to prevent it from rolling out of control under heavy sea conditions. (5) Table 25.30-20(b)(1) of this section indicates the minimum quantity and type of extinguisher to be carried. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table. (d) Barges carrying passengers. (1) Every barge of 65 feet in length or less while carrying passengers when towed or pushed by a motorboat, motor vessel, or steam vessel must be fitted with portable fire extinguishers as required by table 25.30-20(a)(1), depending upon the length of the barge. (2) Every barge of over 65 feet in length while carrying passengers when towed or pushed by a motorboat, motor vessel, or steam vessel must be fitted with portable fire extinguishers as required by table 25.30-20(b)(1), depending upon the gross tonnage of the barge." 46:46:1.0.1.3.18.5.7.6,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.30,Subpart 25.30—Fire Extinguishing Equipment,,"§ 25.30-80 Location and number of fire extinguishers required for vessels constructed prior to August 22, 2016.",USCG,,,"[USCG-2012-0196, 81 FR 48246, July 22, 2016]","Vessels contracted for prior to August 22, 2016 must meet the following requirements: (a) Previously installed extinguishers with extinguishing capacities smaller than what is required in tables 25.30-20(a)(1) and 25.30-20(b)(1) of this subpart need not be replaced and may be continued in service so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. (b) All new equipment and installations must meet the applicable requirements in this subpart for new vessels." 46:46:1.0.1.3.18.5.7.7,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.30,Subpart 25.30—Fire Extinguishing Equipment,,"§ 25.30-90 Vessels contracted for prior to November 19, 1952.",USCG,,,,"(a) Vessels contracted for prior to November 19, 1952, shall meet the applicable provisions of §§ 25.30-5 through 25.30-20 insofar as the number and general type of equipment is concerned. Existing items of equipment and installations previously approved but not meeting the applicable requirements for type approval may be continued in service so long as they are in good condition. All new installations and replacements shall meet the requirements of §§ 25.30-5 through 25.30-20. (b) [Reserved]" 46:46:1.0.1.3.18.6.7.1,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.35,Subpart 25.35—Backfire Flame Control,,§ 25.35-1 Requirements.,USCG,,,"[CGFR 65-50, 30 FR 16653, Dec. 30, 1965, as amended by CGD 88-032, 56 FR 35820, July 29, 1991]","(a) Every gasoline engine installed in a motorboat or motor vessel after April 25, 1940, except outboard motors, shall be equipped with an acceptable means of backfire flame control. (b) Installations made before November 19, 1952, need not meet the detailed requirements of this subpart and may be continued in use as long as they are serviceable and in good condition. Replacements shall meet the applicable conditions in this section. (c) Installations consisting of backfire flame arresters bearing basic Approval Nos. 162.015 or 162.041 or engine air and fuel induction systems bearing basic Approval Nos. 162.015 or 162.042 may be continued in use as long as they are serviceable and in good condition. New installations or replacements must meet applicable requirements of subpart 58.10 of this chapter." 46:46:1.0.1.3.18.7.7.1,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.40,Subpart 25.40—Ventilation,,§ 25.40-1 Tanks and engine spaces.,USCG,,,"[CGFR 65-50, 30 FR 16653, Dec. 30, 1965, as amended by CGD 76-082A, 44 FR 73047, Dec. 17, 1979; CGD 76-082A, 45 FR 7551, Feb. 4, 1980; CGD 95-012, 60 FR 48048, Sept. 18, 1995; CGD 95-028, 62 FR 51196, Sept. 30, 1997]","(a) All motorboats or motor vessels, except open boats and as provided in paragraphs (d) and (e) of this section, the construction or decking over of which is commenced after April 25, 1940, and which use fuel having a flashpoint of 110 °F., or less, shall have at least two ventilator ducts, fitted with cowls or their equivalent, for the efficient removal of explosive or flammable gases from the bilges of every engine and fuel tank compartment. There shall be at least one exhaust duct installed so as to extend from the open atmosphere to the lower portion of the bilge and at least one intake duct installed so as to extend to a point at least midway to the bilge or at least below the level of the carburetor air intake. The cowls shall be located and trimmed for maximum effectiveness and in such a manner so as to prevent displaced fumes from being recirculated. (b) As used in this section, the term open boats means those motorboats or motor vessels with all engine and fuel tank compartments, and other spaces to which explosive or flammable gases and vapors from these compartments may flow, open to the atmosphere and so arranged as to prevent the entrapment of such gases and vapors within the vessel. (c) Boats built after July 31, 1980, which are manufactured or used primarily for noncommercial use; which are leased, rented, or chartered to another for the latter's noncommercial use; which are engaged in the carriage of six or fewer passengers; or which are in compliance with the requirements of 33 CFR part 183 are exempted from these requirements. (d) Boats built after July 31, 1978, which are manufactured or used primarily for noncommercial use; which are rented, leased, or chartered to another for the latter's noncommercial use; or which engage in conveying six or fewer passengers are exempted from the requirements of paragraph (a) for fuel tank compartments that: (1) Contain a permanently installed fuel tank if each electrical component is ignition protected in accordance with 33 CFR 183.410(a); and (2) Contain fuel tanks that vent to the outside of the boat." 46:46:1.0.1.3.18.8.7.1,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.45,"Subpart 25.45—Cooking, Heating, and Lighting Systems",,§ 25.45-1 Heating and lighting systems on vessels carrying passengers for hire.,USCG,,,"[CGD 83-013, 54 FR 6402, Feb. 10, 1989 and CGD 83-013, 55 FR 3959, Feb. 6, 1990; CGD 95-072, 60 FR 50461, Sept. 29, 1995; CGD 96-041, 61 FR 50726, Sept. 27, 1996; USCG-2009-0702, 74 FR 49225, Sept. 25, 2009]","(a) No fuel may be used in any heating or lighting system on any vessel carrying passengers for hire without the approval of Commandant (CG-ENG), except— (1) Alcohol, solid, (2) Alcohol, liquid, combustible, (3) Fuel oil, No. 1, No. 2, or No. 3, (4) Kerosene, (5) Wood or, (6) Coal. (b) Heating and lighting systems using alcohol must meet the following requirements: (1) Containers of solidified alcohol must be properly secured to a fixed base. (2) Fluid alcohol burners, where wet priming is used, must have— (i) A catch pan of not less than 3/4 ” depth secured inside the frame of the stove; or (ii) The metal protection under the stove flanged up at least 3/4 ” to form a pan. (c) Heating and lighting systems using kerosene or fuel oil must meet the following requirements: (1) Where wet priming is used, each system must have— (i) A catch pan of not less than 3/4 ” depth secured inside the frame of the stove; or (ii) The metal protection under the stove flanged up at least 3/4 ” to form a pan. (2) Fuel tanks must be— (i) Separated from the stove that they serve; (ii) Mounted in a location open to the atmosphere or mounted inside a compartment that is vented to the atmosphere; and (iii) Fitted with an outside fill and vent. (d) Heating systems using wood or coal installed after August 9, 1989, shall be installed in accordance with the guidelines in chapter 6 of NFPA 302." 46:46:1.0.1.3.18.8.7.2,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.45,"Subpart 25.45—Cooking, Heating, and Lighting Systems",,§ 25.45-2 Cooking systems on vessels carrying passengers for hire.,USCG,,,"[CGD 83-013, 54 FR 6402, Feb. 10, 1989, as amended by CGD 83-013, 55 FR 3960, Feb. 6, 1990; CGD 95-072, 60 FR 50461, Sept. 29, 1995; CGD 96-041, 61 FR 50726, Sept. 27, 1996; USCG-2000-7790, 65 FR 58458, Sept. 29, 2000; USCG-2009-0702, 74 FR 49225, Sept. 25, 2009]","(a) No fuel may be used in any cooking system on any vessel carrying passengers for hire without the approval of Commandant (CG-ENG) except those listed in § 25.45-1, subject to the requirements stated therein, and liquefied petroleum gas (LPG), or compressed natural gas (CNG). (b) Cooking systems using LPG or CNG must meet the following requirements: (1) The design, installation, and testing of each LPG system must meet ABYC A-1-78 or chapter 6 of NFPA 302. (2) The design, installation, and testing of each CNG system must meet ABYC A-22-78 or chapter 6 of NFPA 302. (3) Cooking systems using chapter 6 of NFPA 302 as the standard must meet the following additional requirements: (i) The storage or use of CNG containers within the accommodation area, machinery spaces, bilges, or other enclosed spaces is prohibited. (ii) LPG or CNG must be odorized in accordance with ABYC A-1.5.d or A-22.5.b, respectively. (iii) The marking and mounting of LPG cylinders must be in accordance with ABYC A-1.6.b. (iv) LPG cylinders must be of the vapor withdrawal type as specified in ABYC A-1.5.b. (4) Continuous pilot lights or automatic glow plugs are prohibited for an LPG or CNG installation using ABYC A-1 or A-22 as the standard. (5) CNG installations using ABYC A-22 as the standard must meet the following additional requirements: (i) The stowage or use of CNG containers within the accommodation area, machinery spaces, bilges, or other enclosed spaces is prohibited. (ii) The CNG cylinders, regulating equipment, and safety equipment must meet the installation, stowage, and testing requirements specified in paragraph 6-5.12 of NFPA 302. (iii) The use of stowage of stoves with attached CNG cylinders is prohibited as specified in paragraph 6-5.1 of NFPA 302. (6) If the fuel supply line of an LPG or CNG system enters an enclosed space on the vessel, a remote shut-off valve must be installed that can be operated from a position adjacent to the appliance. The valve must be located between the fuel tank and the point where the fuel supply line enters the enclosed portion of the vessel. A power operated valve installed to meet this requirement must be of a type that will fail closed. (7) The following variances from ABYC A-1.11.b(1) are allowed for CNG: (i) The storage locker or housing access opening need not be in the top. (ii) The locker or housing need not be above the waterline. (8) The following variances from NFPA 302 are allowed: (i) The storage locker or housing for CNG tank installations need not be above the waterline as required by paragraph 6-5.12.1.1(a). (ii) Ignition protection need not be provided as required by paragraph 6-5.4. The ABYC and NFPA standards referenced in this section require the posting of placards containing safety precautions for gas cooking systems." 46:46:1.0.1.3.18.9.7.1,46,Shipping,I,C,25,PART 25—REQUIREMENTS,25.50,Subpart 25.50—Garbage Retention,,§ 25.50-1 Criteria.,USCG,,,"[CGD 88-002A, 56 FR 8880, Mar. 1, 1991]","Each uninspected vessel must meet the garbage discharge, waste management plan, and placard requirements of 33 CFR part 151 applicable to the vessel. 33 CFR 151.67 prohibits the discharge of plastic or garbage mixed with plastic into the sea or the navigable waters of the United States. “Plastic” and “garbage” are defined in 33 CFR 151.05."