cfr_sections
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63 rows where agency = "USCG" and part_number = 136 sorted by section_id
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| 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 |
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| 33:33:2.0.1.2.5.1.33.1 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | A | Subpart A—General | § 136.1 Purpose and applicability. | USCG | (a) This part prescribes regulations for— (1) Presentation, filing, processing, settlement, and adjudication of claims authorized to be presented to the Oil Spill Liability Trust Fund (the Fund) under section 1013 of the Oil Pollution Act of 1990 (the Act) (33 U.S.C. 2713) for certain uncompensated removal costs or uncompensated damages resulting from the discharge, or substantial threat of discharge, of oil from a vessel or facility into or upon the navigable waters, adjoining shorelines, or the exclusive economic zone; (2) Designation of the source of the incident, notification to the responsible party of the designation, and advertisement of the designation and claims procedures; and (3) Other related matters. (b) This part applies to claims resulting from incidents occurring after August 18, 1990. (c) Nothing in this part— (1) Preempts the authority of any State or political subdivision thereof from imposing any additional liability or requirements with respect to— (i) The discharge of oil or other pollution by oil within such State; or (ii) Any removal activities in connection with such a discharge; or (2) Affects or modifies in any way the obligations or liabilities of any person under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq. ) or State law, including common law; or (3) Affects the authority of any State— (i) To establish, or to continue in effect, a fund any purpose of which is to pay for costs or damages arising out of, or directly resulting from, oil pollution or the substantial threat of oil pollution; or (ii) To require any person to contribute to such a fund; or (4) Affects the authority of the United States or any State or political subdivision thereof to impose additional liability or additional requirements relating to a discharge, or substantial threat of a discharge, of oil. | ||||
| 33:33:2.0.1.2.5.1.33.2 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | A | Subpart A—General | § 136.3 Information. | USCG | [CGD 91-035, 57 FR 36316, Aug. 12, 1992, as amended by USCG-2009-0416, 74 FR 27441, June 10, 2009; USCG-2012-0306, 77 FR 37315, June 21, 2012; USCG-2016-0498, 82 FR 35081, July 28, 2017] | Anyone desiring to file a claim against the Fund may obtain general information on the procedure for filing a claim from the Director, National Pollution Funds Center, U.S. Coast Guard Stop 7605, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7605, (800) 280-7118. | |||
| 33:33:2.0.1.2.5.1.33.3 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | A | Subpart A—General | § 136.5 Definitions. | USCG | [CGD 91-035, 57 FR 36316, Aug. 12, 1992, as amended by USCG-2009-0416, 74 FR 27441, June 10, 2009; USCG-2012-0306, 77 FR 37315, June 21, 2012; USCG-2016-0498, 82 FR 35081, July 28, 2017] | (a) As used in this part, the following terms have the same meaning as set forth in sections 1001 and 1007(c) of the Act (33 U.S.C. 2701 and 2707(c)): Claim, claimant, damages, discharge, exclusive economic zone, facility, foreign claimant, foreign offshore unit, Fund, guarantor, incident, National Contingency Plan, natural resources, navigable waters, offshore facility, oil, onshore facility, owner or operator, person, removal costs, responsible party, State, United States, and vessel. (b) As used in this part— Act means title I of the Oil Pollution Act of 1990 (Pub. L. 101-380; 33 U.S.C. 2701 through 2719). Director, NPFC, means the person in charge of the U.S. Coast Guard National Pollution Funds Center or that person's authorized representative. FOSC means the Federal On-Scene Coordinator designated under the National Contingency Plan or that person's authorized representative. NPFC means the Director, National Pollution Funds Center, U.S. Coast Guard Stop 7605, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7605. | |||
| 33:33:2.0.1.2.5.1.33.4 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | A | Subpart A—General | § 136.7 Foreign claimants. | USCG | In addition to other applicable limitations on presenting claims to the Fund, claims by foreign claimants to recover removal costs or damages may be presented only when the requirements of section 1007 of the Act (33 U.S.C. 2707) are met. | ||||
| 33:33:2.0.1.2.5.1.33.5 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | A | Subpart A—General | § 136.9 Falsification of claims. | USCG | [CGD 91-035, 57 FR 36316, Aug. 12, 1992, as amended by CGD 96-052, 62 FR 16703, Apr. 8, 1997; USCG-2013-0397, 78 FR 39175, July 1, 2013] | Persons submitting false claims or making false statements in connection with claims under this part may be subject to prosecution under Federal law, including but not limited to 18 U.S.C. 287 and 1001. In addition, persons submitting written documentation in support of claims under this part which they know, or should know, is false or omits a material fact may be subject to a civil penalty for each claim. If any payment is made on the claim, the claimant may also be subject to an assessment of up to twice the amount claimed. These civil sanctions may be imposed under the Program Fraud Civil Remedies Act, 31 U.S.C. 3801-3812, as implemented in 6 CFR part 13. | |||
| 33:33:2.0.1.2.5.2.33.1 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | B | Subpart B—General Procedure | § 136.101 Time limitations on claims. | USCG | [CGD 91-035, 57 FR 36316, Aug. 12, 1992; 57 FR 41104, Sept. 9, 1992, as amended by USCG-2009-0416, 74 FR 27441, June 10, 2009; USCG-2012-0306, 77 FR 37315, June 21, 2012; USCG-2016-0498, 82 FR 35081, July 28, 2017] | (a) Except as provided under section 1012(h)(3) of the Act (33 U.S.C. 2712(h)(3)) (minors and incompetents), the Fund will consider a claim only if presented in writing to the Director, NPFC, within the following time limits: (1) For damages, within three years after— (i) The date on which the injury and its connection with the incident in question were reasonably discoverable with the exercise of due care. (ii) In the case of natural resources damages under section 1002(b)(2)(A) of the Act (33 U.S.C. 2702(b)(2)(A)), the date under paragraph (a)(1)(i) of this section, or within three years from the date of completion of the natural resources damage assessment under section 1006(e) of the Act (33 U.S.C. 2706(e)), whichever is later. (2) For removal costs, within six years after the date of completion of all removal actions for the incident. As used in this paragraph, “date of completion of all removal actions” is defined as the actual date of completion of all removal actions for the incident or the date the FOSC determines that the removal actions which form the basis for the costs being claimed are completed, whichever is earlier. (b) Unless the Director, NPFC, directs in writing that the claim be submitted elsewhere, a claim is deemed presented on the date the claim is actually received at the Director, National Pollution Funds Center, U.S. Coast Guard Stop 7605, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7605. If the Director, NPFC, directs that the claim be presented elsewhere, the claim is deemed presented on the date the claim is actually received at the address in the directive. | |||
| 33:33:2.0.1.2.5.2.33.2 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | B | Subpart B—General Procedure | § 136.103 Order of presentment. | USCG | [CGD 91-035, 57 FR 36316, Aug. 12, 1992; 57 FR 41104, Sept. 9, 1992] | (a) Except as provided in paragraph (b) of this section, all claims for removal costs or damages must be presented first to the responsible party or guarantor of the source designated under § 136.305. (b) Claims for removal costs or damages may be presented first to the Fund only— (1) By any claimant, if the Director, NPFC, has advertised, or otherwise notified claimants in writing, in accordance with § 136.309(e); (2) By a responsible party who may assert a claim under section 1008 of the Act (33 U.S.C. 2708); (3) By the Governor of a State for removal costs incurred by that State; or (4) By a United States claimant in a case where a foreign offshore unit has discharged oil causing damage for which the Fund is liable under section 1012(a) of the Act (33 U.S.C. 2712(a)). (c) If a claim is presented in accordance with paragraph (a) of this section and— (1) Each person to whom the claim is presented denies all liability for the claim; or (2) The claim is not settled by any person by payment within 90 days after the date upon which (A) the claim was presented, or (B) advertising was begun pursuant to § 136.309(d), whichever is later, the claimant may elect to commence an action in court against the responsible party or guarantor or to present the claim to the Fund. (d) No claim of a person against the Fund will be approved or certified for payment during the pendency of an action by the person in court to recover costs which are the subject of the claim. | |||
| 33:33:2.0.1.2.5.2.33.3 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | B | Subpart B—General Procedure | § 136.105 General requirements for a claim. | USCG | (a) The claimant bears the burden of providing all evidence, information, and documentation deemed necessary by the Director, NPFC, to support the claim. (b) Each claim must be in writing for a sum certain for compensation for each category of uncompensated damages or removal costs (as described in Subpart C of this part) resulting from an incident. If at any time during the pendency of a claim against the Fund the claimant receives any compensation for the claimed amounts, the claimant shall immediately amend the claim. (c) Each claim must be signed in ink by the claimant certifying to the best of the claimant's knowledge and belief that the claim accurately reflects all material facts. (d) In addition to the other requirements of this section, any claim presented by a legal representative of the claimant must also be signed by the legal representative and— (1) Be presented in the name of the claimant; (2) Show the title or legal capacity of the representative; and (3) Provide proof of authority to act for the claimant. (e) Each claim must include at least the following, as applicable: (1) The full name, street and mailing addresses of residence and business, and telephone numbers of the claimant. (2) The date, time, and place of the incident giving rise to the claim. (3) The identity of the vessel, facility, or other entity causing or suspected to have caused the removal costs or damages claimed and the basis for such identity or belief. (4) A general description of the nature and extent of the impact of the incident, the costs associated with removal actions, and damages claimed, by category as delineated in Subpart C of this part, including, for any property, equipment, or similar item damaged, the full name, street and mailing address, and telephone number of the actual owner, if other than the claimant. (5) An explanation of how and when the removal costs or damages were caused by, or resulted from, an incident. (6) Evidence to support the claim. (7) A description of the actions taken by the c… | ||||
| 33:33:2.0.1.2.5.2.33.4 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | B | Subpart B—General Procedure | § 136.107 Subrogated claims. | USCG | (a) The claims of subrogor (e.g., insured) and subrogee (e.g., insurer) for removal costs and damages arising out of the same incident should be presented together and must be signed by all claimants. (b) A fully subrogated claim is payable only to the subrogee. (c) A subrogee must support a claim in the same manner as any other claimant. | ||||
| 33:33:2.0.1.2.5.2.33.5 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | B | Subpart B—General Procedure | § 136.109 Removal costs and multiple items of damages. | USCG | (a) A claimant must specify all of the claimant's known removal costs or damages arising out of a single incident when submitting a claim. (b) Removal costs and each separate category of damages (as described in subpart C of this part) must be separately listed with a sum certain attributed to each type and category listed. (c) At the sole discretion of the Director, NPFC, removal costs and each separate category of damages may be treated separately for settlement purposes. | ||||
| 33:33:2.0.1.2.5.2.33.6 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | B | Subpart B—General Procedure | § 136.111 Insurance. | USCG | (a) A claimant shall provide the following information concerning any insurance which may cover the removal costs or damages for which compensation is claimed: (1) The name and address of each insurer. (2) The kind and amount of coverage. (3) The policy number. (4) Whether a claim has been or will be presented to an insurer and, if so, the amount of the claim and the name of the insurer. (5) Whether any insurer has paid the claim in full or in part or has indicated whether or not payment will be made. (b) If requested by the Director, NPFC, the claimant shall provide a copy of the following material: (1) All insurance policies or indemnification agreements. (2) All written communications, and a summary of all oral communications, with any insurer or indemnifier. (c) A claimant shall advise the Director, NPFC, of any changes in the information provided under this section. | ||||
| 33:33:2.0.1.2.5.2.33.7 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | B | Subpart B—General Procedure | § 136.113 Other compensation. | USCG | A claimant must include an accounting, including the source and value, of all other compensation received, applied for, or potentially available as a consequence of the incident out of which the claim arises including, but not limited to, monetary payments, goods or services, or other benefits. | ||||
| 33:33:2.0.1.2.5.2.33.8 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | B | Subpart B—General Procedure | § 136.115 Settlement and notice to claimant. | USCG | (a) Payment in full, or acceptance by the claimant of an offer of settlement by the Fund, is final and conclusive for all purposes and, upon payment, constitutes a release of the Fund for the claim. In addition, acceptance of any compensation from the Fund precludes the claimant from filing any subsequent action against any person to recover costs or damages which are the subject of the compensated claim. Acceptance of any compensation also constitutes an agreement by the claimant to assign to the Fund any rights, claims, and causes of action the claimant has against any person for the costs and damages which are the subject of the compensated claims and to cooperate reasonably with the Fund in any claim or action by the Fund against any person to recover the amounts paid by the Fund. The cooperation shall include, but is not limited to, immediately reimbursing the Fund for any compensation received from any other source for the same costs and damages and providing any documentation, evidence, testimony, and other support, as may be necessary for the Fund to recover from any person. (b) Claimant's failure to accept an offer of settlement within 60 days after the date the offer was mailed to the claimant automatically voids the offer. The Director, NPFC, reserves the right to revoke an offer at any time. (c) A claimant will be notified in writing sent by certified or registered mail whenever a claim against the Fund is denied. The failure of the Director, NPFC, to make final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim. (d) The Director, NPFC, upon written request of the claimant or of a person duly authorized to act on the claimant's behalf, reconsiders any claim denied. The request for reconsideration must be in writing and include the factual or legal grounds for the relief requested, providing any additional support for the claim. The request must be received by the Director, NPFC, within 60 days af… | ||||
| 33:33:2.0.1.2.5.3.33.1 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.201 Authorized claimants. | USCG | A claim for removal costs may be presented by any claimant. | ||||
| 33:33:2.0.1.2.5.3.33.10 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.219 Authorized claimants. | USCG | (a) A claim for loss of subsistence use of natural resources may be presented only by a claimant who actually uses, for subsistence, the natural resources which have been injured, destroyed, or lost, without regard to the ownership or management of the resources. (b) A claim for loss of profits or impairment of earning capacity due to loss of subsistence use of natural resources must be included as part of the claim under this section and must include the proof required under § 136.233. | ||||
| 33:33:2.0.1.2.5.3.33.11 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.221 Proof. | USCG | In addition to the requirements of subparts A and B of this part, a claimant must provide— (a) The identification of each specific natural resource for which compensation for loss of subsistence use is claimed; (b) A description of the actual subsistence use made of each specific natural resource by the claimant; (c) A description of how and to what extent the claimant's subsistence use was affected by the injury to or loss of each specific natural resource; (d) A description of each effort made by the claimant to mitigate the claimant's loss of subsistence use; and (e) A description of each alternative source or means of subsistence available to the claimant during the period of time for which loss of subsistence is claimed, and any compensation available to the claimant for loss of subsistence. | ||||
| 33:33:2.0.1.2.5.3.33.12 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.223 Compensation allowable. | USCG | (a) The amount of compensation allowable is the reasonable replacement cost of the subsistence loss suffered by the claimant if, during the period of time for which the loss of subsistence is claimed, there was no alternative source or means of subsistence available. (b) The amount of compensation allowable under paragraph (a) of this section must be reduced by— (1) All compensation made available to the claimant to compensate for subsistence loss; (2) All income which was derived by utilizing the time which otherwise would have been used to obtain natural resources for subsistence use; and (3) Overheads or other normal expenses of subsistence use not incurred as a result of the incident. (c) Compensation for a claim for loss of profits or impairment of earning capacity under § 136.219(b) is limited to that allowable under § 136.235. | ||||
| 33:33:2.0.1.2.5.3.33.13 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.225 Authorized claimants. | USCG | A claim for net loss of revenue due to the injury, destruction, or loss of real property, personal property, or natural resources may be presented only by an appropriate claimant sustaining the loss. As used in this section and § 136.277, “revenue” means taxes, royalties, rents, fees, and net profit shares. | ||||
| 33:33:2.0.1.2.5.3.33.14 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.227 Proof. | USCG | In addition to the requirements of Subparts A and B, a claimant must establish— (a) The identification and description of the economic loss for which compensation is claimed, including the applicable authority, property affected, method of assessment, rate, and method and dates of collection; (b) That the loss of revenue was due to the injury to, destruction of, or loss of real or personal property or natural resources; (c) The total assessment or revenue collected for comparable revenue periods; and (d) The net loss of revenue. | ||||
| 33:33:2.0.1.2.5.3.33.15 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.229 Compensation allowable. | USCG | The amount of compensation allowable is the total net revenue actually lost. | ||||
| 33:33:2.0.1.2.5.3.33.16 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.231 Authorized claimants. | USCG | (a) A claim for loss of profits or impairment of earning capacity due to the injury to, destruction of, or loss of real or personal property or natural resources may be presented by a claimant sustaining the loss or impairment. The claimant need not be the owner of the damaged property or resources to recover for lost profits or income. (b) A claim for loss of profits or impairment of earning capacity that also involves a claim for injury to, or economic losses resulting from destruction of, real or personal property must be claimed under § 136.213. (c) A claim for loss of profits or impairment of earning capacity that also involves a claim for loss of subsistence use of natural resources must be claimed under § 136.219. | ||||
| 33:33:2.0.1.2.5.3.33.17 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.233 Proof. | USCG | In addition to the requirements of subparts A and B of this part, a claimant must establish the following: (a) That real or personal property or natural resources have been injured, destroyed, or lost. (b) That the claimant's income was reduced as a consequence of injury to, destruction of, or loss of the property or natural resources, and the amount of that reduction. (c) The amount of the claimant's profits or earnings in comparable periods and during the period when the claimed loss or impairment was suffered, as established by income tax returns, financial statements, and similar documents. In addition, comparative figures for profits or earnings for the same or similar activities outside of the area affected by the incident also must be established. (d) Whether alternative employment or business was available and undertaken and, if so, the amount of income received. All income that a claimant received as a result of the incident must be clearly indicated and any saved overhead and other normal expenses not incurred as a result of the incident must be established. | ||||
| 33:33:2.0.1.2.5.3.33.18 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.235 Compensation allowable. | USCG | The amount of compensation allowable is limited to the actual net reduction or loss of earnings or profits suffered. Calculations for net reductions or losses must clearly reflect adjustments for— (a) All income resulting from the incident; (b) All income from alternative employment or business undertaken; (c) Potential income from alternative employment or business not undertaken, but reasonably available; (d) Any saved overhead or normal expenses not incurred as a result of the incident; and (e) State, local, and Federal taxes. | ||||
| 33:33:2.0.1.2.5.3.33.19 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.237 Authorized claimants. | USCG | A claim for net costs of providing increased or additional public services during or after removal activities, including protection from fire, safety, or health hazards, caused by a discharge of oil may be presented only by a State or a political subdivision of a State incurring the costs. | ||||
| 33:33:2.0.1.2.5.3.33.2 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.203 Proof. | USCG | In addition to the requirements of Subparts A and B of this part, a claimant must establish— (a) That the actions taken were necessary to prevent, minimize, or mitigate the effects of the incident; (b) That the removal costs were incurred as a result of these actions; (c) That the actions taken were determined by the FOSC to be consistent with the National Contingency Plan or were directed by the FOSC. | ||||
| 33:33:2.0.1.2.5.3.33.20 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.239 Proof. | USCG | In addition to the requirements of subparts A and B of this part, a claimant must establish— (a) The nature of the specific public services provided and the need for those services; (b) That the services occurred during or after removal activities; (c) That the services were provided as a result of a discharge of oil and would not otherwise have been provided; and (d) The net cost for the services and the methods used to compute those costs. | ||||
| 33:33:2.0.1.2.5.3.33.21 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.241 Compensation allowable. | USCG | The amount of compensation allowable is the net cost of the increased or additional service provided by the State or political subdivision. | ||||
| 33:33:2.0.1.2.5.3.33.3 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.205 Compensation allowable. | USCG | The amount of compensation allowable is the total of uncompensated reasonable removal costs of actions taken that were determined by the FOSC to be consistent with the National Contingency Plan or were directed by the FOSC. Except in exceptional circumstances, removal activities for which costs are being claimed must have been coordinated with the FOSC. | ||||
| 33:33:2.0.1.2.5.3.33.4 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.207 Authorized claimants. | USCG | (a) Claims for uncompensated natural resource damages may be presented by an appropriate natural resources trustee. However, in order to facilitate the processing of these claims with respect to a single incident where multiple trustees are involved and to prevent double recovery, the affected trustees should select a lead administrative trustee who will present consolidated claims on behalf of the trustees. (b) A trustee may present a claim for the reasonable cost of assessing natural resources damages separately from a claim for the cost of developing and implementing plans for the restoration, rehabilitation, replacement, or acquisition of the equivalent of the natural resources damaged. | ||||
| 33:33:2.0.1.2.5.3.33.5 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.209 Proof. | USCG | In addition to the requirements of subparts A and B of this part, a trustee must do the following: (a) Submit the assessment and restoration plans which form the basis of the claim. (b) Provide documented costs and cost estimates for the claim. Final cost estimates for conducting damage assessments or implementing a restoration plan may form the basis for a claim against the Fund for an uncompensated natural resources damage claim. (c) Identify all trustees who may be potential claimants for the same natural resources damaged. (d) Certify the accuracy and integrity of any claim submitted to the Fund, and certify that any actions taken or proposed were or will be conducted in accordance with the Act and consistent with all applicable laws and regulations. (e) Certify whether the assessment was conducted in accordance with applicable provisions of the natural resources damage assessment regulations promulgated under section 1006(e)(1) of the Act (33 U.S.C. 2706(e)(1)). Identify any other or additional damage assessment regulations or methodology utilized. (f) Certify that, to the best of the trustee's knowledge and belief, no other trustee has the right to present a claim for the same natural resources damages and that payment of any subpart of the claim presented would not constitute a double recovery for the same natural resources damages. | ||||
| 33:33:2.0.1.2.5.3.33.6 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.211 Compensation allowable. | USCG | (a) The amount of compensation allowable is the reasonable cost of assessing damages, and the cost of restoring, rehabilitating, replacing, or acquiring the equivalent of the damaged natural resources. (b) In addition to any other provision of law respecting the use of sums recovered for natural resources damages, trustees shall reimburse the Fund for any amounts received from the Fund in excess of that amount required to accomplish the activities for which the claim was paid. | ||||
| 33:33:2.0.1.2.5.3.33.7 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.213 Authorized claimants. | USCG | (a) A claim for injury to, or economic losses resulting from the destruction of, real or personal property may be presented only by a claimant either owning or leasing the property. (b) Any claim for loss of profits or impairment of earning capacity due to injury to, destruction of, or loss of real or personal property must be included as subpart of the claim under this section and must include the proof required under § 136.233. | ||||
| 33:33:2.0.1.2.5.3.33.8 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.215 Proof. | USCG | (a) In addition to the requirements of subparts A and B of this part, a claimant must establish— (1) An ownership or leasehold interest in the property; (2) That the property was injured or destroyed; (3) The cost of repair or replacement; and (4) The value of the property both before and after injury occurred. (b) In addition, for each claim for economic loss resulting from destruction of real or personal property, the claimant must establish— (1) That the property was not available for use and, if it had been, the value of that use; (2) Whether or not substitute property was available and, if used, the costs thereof; and (3) That the economic loss claimed was incurred as the result of the injury to or destruction of the property. | ||||
| 33:33:2.0.1.2.5.3.33.9 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.217 Compensation allowable. | USCG | (a) The amount of compensation allowable for damaged property is the lesser of— (1) Actual or estimated net cost of repairs necessary to restore the property to substantially the same condition which existed immediately before the damage; (2) The difference between value of the property before and after the damage; or (3) The replacement value. (b) Compensation for economic loss resulting from the destruction of real or personal property may be allowed in an amount equal to the reasonable costs actually incurred for use of substitute commercial property or, if substitute commercial property was not reasonably available, in an amount equal to the net economic loss which resulted from not having use of the property. When substitute commercial property was reasonably available, but not used, allowable compensation for loss of use is limited to the cost of the substitute commercial property, or the property lost, whichever is less. Compensation for loss of use of noncommercial property is not allowable. (c) Compensation for a claim for loss of profits or impairment of earning capacity under § 136.213(b) is limited to that allowable under § 136.235. | ||||
| 33:33:2.0.1.2.5.4.33.1 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | D | Subpart D—Designation of Source and Advertisement | § 136.301 Purpose. | USCG | This subpart prescribes the requirements concerning designation of the source or sources of the discharge or threat of discharge and advertisement of these designations, including the procedures by which claims may be presented to the responsible party or guarantor. | ||||
| 33:33:2.0.1.2.5.4.33.2 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | D | Subpart D—Designation of Source and Advertisement | § 136.303 Definitions. | USCG | As used in this subpart— Advertisement means the dissemination of information, including but not limited to paid advertisements, that are reasonably calculated to advise the public how to present a claim. Designated source means a source designated under § 136.305. | ||||
| 33:33:2.0.1.2.5.4.33.3 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | D | Subpart D—Designation of Source and Advertisement | § 136.305 Notice of designation. | USCG | [USCG-91-035, 57 FR 36316, Aug. 12, 1992, as amended by USCG-2012-0306, 77 FR 37315, June 21, 2012] | (a) When information of an incident is received, the source or sources of the discharge or threat are designated, where possible and appropriate. If the designated source is a vessel or facility, the responsible party and the guarantor, if known, are notified by telephone, telefax, or other rapid means of that designation. The designation will be confirmed by a written Notice of Designation. (b) A Notice of Designation normally contains, to the extent known— (1) The name of the vessel or facility designated as the source; (2) The location, date, and time of the incident; (3) The type and quantity of oil involved; (4) The date of the designation; (5) The procedures for accepting or denying the designation; and (6) The name, address, telephone number, and, if available, telefax number of the responsible Federal official to whom further communication regarding the incident, advertisement of the incident, or denial of designation should be directed. | |||
| 33:33:2.0.1.2.5.4.33.4 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | D | Subpart D—Designation of Source and Advertisement | § 136.307 Denial of designation. | USCG | (a) Within five days after receiving a Notice of Designation under § 136.305, the responsible party or guarantor may deny the designation. (b) A denial of designation must— (1) Be in writing; (2) Identify the Notice of Designation; (3) Give the reasons for the denial and provide a copy of all supporting documents; and (4) Be submitted to the official named in the Notice of Designation. (c) A denial is deemed received on the date the denial is actually received by the official named in the Notice of Designation. | ||||
| 33:33:2.0.1.2.5.4.33.5 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | D | Subpart D—Designation of Source and Advertisement | § 136.309 Advertisement determinations. | USCG | (a) The Director, NPFC, determines for each incident the type, geographic scope, frequency, and duration of advertisement required. (b) In making the determination specified in paragraph (a) of this section, the Director, NPFC, may consider— (1) The nature and extent of economic losses that have occurred or are likely to occur; (2) The potential claimants who are likely to incur economic losses; (3) The geographical area that is or will likely be affected; (4) The most effective method of reasonably notifying potential claimants of the designation and procedures of submitting claims; and (5) Relevant information or recommendations, if any, submitted by, or on behalf of, the responsible party or guarantor of the designated source. (c) The Director, NPFC, provides the specific requirements for advertisement for each incident to the responsible party or guarantor of the designated source. (d) If a responsible party or guarantor has not denied designation in accordance with § 136.307, the party or guarantor shall advertise, in accordance with the requirements of this subpart, the designation and the procedures by which claims may be presented. The advertisement must begin not later than 15 days after the date of the designation made under § 136.305. (e) If there is no designation under § 136.305, if the source of the discharge or threat is a public vessel, or if the responsible party and guarantor of the source designated have denied the designation or failed to meet the requirements for advertisement in this section, the Director, NPFC, may advertise procedures for presenting claims. | ||||
| 33:33:2.0.1.2.5.4.33.6 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | D | Subpart D—Designation of Source and Advertisement | § 136.311 Types of advertisement. | USCG | Advertisement required by the Director, NPFC, will normally include one or more of the following: (a) Paid advertisements in a newspaper or newspapers having general circulation in the area designated by the Director, NPFC. (b) Notice posted in marinas, marine supply stores, bait and tackle shops, and other appropriate business establishments or public facilities in the area designated by the Director, NPFC. (c) News releases to newspapers, radio stations, television stations, and cable services having general circulation in the area designated by the Director, NPFC. (d) Other means approved by the Director, NPFC, under the circumstances of each case. | ||||
| 33:33:2.0.1.2.5.4.33.7 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | D | Subpart D—Designation of Source and Advertisement | § 136.313 Content of advertisement. | USCG | Each advertisement required by this subpart may be required to contain the following information or to indicate where this information may be contained: (a) Location, date, and time of the incident. (b) Geographical area affected, as determined by the FOSC or Director, NPFC. (c) Type and quantity of oil involved. (d) Name or other description of the source designated by the FOSC or Director, NPFC. (e) Name of the responsible party and guarantor of the designated source. (f) Name, address, telephone number, office hours, and work days of the person or persons to whom claims are to be presented and from whom claim information can be obtained. (g) The procedures by which a claim may be presented. (h) Other information required by the Director, NPFC, under the circumstances of each case. | ||||
| 46:46:4.0.1.6.39.1.45.1 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.100 Purpose. | USCG | This part sets out the applicability for this subchapter and describes the requirements for obtaining and renewing a Certificate of Inspection (COI). | ||||
| 46:46:4.0.1.6.39.1.45.10 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.180 Appeals. | USCG | Any person directly affected by a decision or action taken under this subchapter, by or on behalf of the Coast Guard, may appeal in accordance with 46 CFR 1.03. | ||||
| 46:46:4.0.1.6.39.1.45.2 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.105 Applicability. | USCG | (a) This subchapter is applicable to all U.S.-flag towing vessels as defined in § 136.110 engaged in pushing, pulling, or hauling alongside, except— (1) A vessel less than 26 feet (7.92 meters) in length measured from end to end over the deck (excluding the sheer), unless that vessel is pushing, pulling, or hauling a barge that is carrying oil or hazardous material in bulk; (2) A vessel engaged in one or more of the following: (i) Assistance towing as defined in § 136.110; (ii) Towing recreational vessels for salvage; or (iii) Transporting or assisting the navigation of recreational vessels within and between marinas and marina facilities, within a limited geographic area, as determined by the local Captain of the Port (COTP); (3) A workboat operating exclusively within a worksite and performing intermittent towing within the worksite; (4) A seagoing towing vessel of 300 gross tons or more subject to the provisions of subchapter I of this chapter; (5) A vessel inspected under other subchapters of this chapter that may perform occasional towing; (6) A public vessel as defined in 46 U.S.C. 2101; (7) A vessel that has surrendered its COI and is laid up, dismantled, or otherwise out of service; and (8) A propulsion unit used for the purpose of propelling or controlling the direction of a barge where the unit is controlled from the barge, is not normally manned, and is not utilized as an independent vessel. (b) [Reserved] | ||||
| 46:46:4.0.1.6.39.1.45.3 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.110 Definitions. | USCG | As used in this subchapter: ABS Rules means the standards developed and published by the American Bureau of Shipping regarding the design, construction and certification of commercial vessels. Accommodation space means any: (1) Messroom; (2) Lounge; (3) Sitting area; (4) Recreation room; (5) Quarters; (6) Toilet space; (7) Shower room; (8) Galley; (9) Berthing space; (10) Clothing-changing room; or (11) A similar space open to individuals. Anniversary date means the day and the month of each year that corresponds to the date of expiration on the COI or Towing Safety Management System (TSMS) Certificate. 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 46 CFR chapter I, subchapter Q, the approval series corresponds to the number of the subpart. A list of approved equipment, including all of the approval series, is available at http://cgmix.uscg.mil/Equipment/EquipmentSearch.aspx . Assistance towing means towing a disabled vessel for consideration as defined in 46 U.S.C. 2101. Audit means a systematic, independent, and documented examination to determine whether activities and related results comply with a vessel's TSMS, or with another applicable Safety Management System (SMS), and whether these planned arrangements are implemented suitably to achieve stated objectives. This examination includes a thorough review of appropriate reports, documents, records, and other objective evidence to verify compliance with applicable requirements. (1) The audit may include, but is not limited to: (i) Examining records; (ii) Asking responsible persons how they accomplish their assigned duties; (iii) Observing persons performing specific tasks within their assigned duties; (iv) Examining equipment to ensure proper maintenance and operation; and (v) Checking training records and work environments. (2) The audit may be limited to the random selection of a representative sampling throughout the system that… | ||||
| 46:46:4.0.1.6.39.1.45.4 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.112 Incorporation by reference. | USCG | [81 FR 40101, June 20, 2016, as amended by USCG-2017-1060, 83 FR 8180, Feb. 26, 2018] | (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 this section, the Coast Guard must publish a document in the Federal Register and the material must be available to the public. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 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) E-11 (2003)—AC and DC Electrical Systems on Boats, dated July 2003, IBR approved for § 143.520(a) of this subchapter. (2) H-2 (2000)—Ventilation of Boats Using Gasoline, dated July 2000, IBR approved for § 143.520(a) of this subchapter. (3) H-22 (2005)—Electric Bilge Pump Systems, dated July 2005, IBR approved for § 143.520(a) of this subchapter. (4) H-24 (2007)—Gasoline Fuel Systems, dated July 2007, IBR approved for § 143.520(a) of this subchapter. (5) H-25 (2003)—Portable Gasoline Fuel Systems, reaffirmed July 2003, IBR approved for §§ 143.265(b) and 143.520(a) of this subchapter. (6) H-32 (2004)—Ventilation of Boats Using Diesel Fuel, dated July 2004, IBR approved for § 143.520(a) of this subchapter. (7) H-33 (2005)—Diesel Fuel Systems, dated July 2005, IBR approved for §§ 143.265(e) and 143.520(a) of this subchapter. (8) P-1 (2002)—Installation of Exhaust Systems for Propulsion and Auxiliary Engines, dated July 2002, IBR approved for §§ 143.520(a) and 144.415 of this subchapter. (9) P-4 (2004)—Mari… | |||
| 46:46:4.0.1.6.39.1.45.5 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.115 Equivalents. | USCG | (a) The Coast Guard may approve any arrangement, fitting, appliance, apparatus, equipment, calculation, information, or test that provides a level of safety equivalent to that established by any specific provision of this subchapter. Submit requests for approval to the Coast Guard via the cognizant OCMI. The Marine Safety Center may require engineering evaluations and tests to verify the equivalence. (b) The Coast Guard may accept compliance with the provisions of SOLAS applicable to the vessel's size and route (incorporated by reference, see § 136.112), as an equivalent to specific requirements of this subchapter. Submit requests for a determination of equivalency for a particular vessel to the Coast Guard via the cognizant OCMI. (c) Alternative compliance arrangement provisions related to SMSs are contained in § 138.225 of this subchapter. (d) Alternate compliance arrangements must be documented within the TSMS applicable to the vessel. | ||||
| 46:46:4.0.1.6.39.1.45.6 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.120 Special consideration. | USCG | Based on a review of relevant information and on the TSMS applicable to the vessel, the cognizant OCMI who issues the COI may give special consideration to authorizing departures from specific requirements, when unusual circumstances or arrangements warrant such departures and when an equivalent level of safety is provided. | ||||
| 46:46:4.0.1.6.39.1.45.7 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.130 Options for documenting compliance to obtain a Certificate of Inspection. | USCG | (a) There are two options for documenting compliance with the requirements in this subchapter to obtain a COI: (1) The Coast Guard option, in which all inspections of the towing vessel are conducted by the Coast Guard, as discussed in § 136.210 and parts 137 and 140 through 144 of this subchapter; or (2) The TSMS option, as discussed in § 136.210, and in parts 137 through 144 of this subchapter. (b) Regardless of the option chosen, the Coast Guard is responsible for issuing a towing vessel COI, and may board a vessel at any time to verify compliance and take appropriate action. (c) An owner or managing operator choosing the Coast Guard option may use a management system, vessel operations manual, towing vessel record (TVR), or logbook to meet this subchapter's recordkeeping requirements. (d) When submitting an application for inspection, the owner or managing operator must specify on the application which option he or she chooses for each particular towing vessel. Owners or managing operators may choose different options for the individual vessels within their fleets. (e) Requests to change options during the period of validity of an existing COI must be accompanied by an application to the OCMI for a new COI. If the requirements for the new option are met, the OCMI will issue the vessel a new COI. | ||||
| 46:46:4.0.1.6.39.1.45.8 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.172 Temporary compliance for existing towing vessels. | USCG | An existing towing vessel subject to this subchapter will remain subject to Coast Guard regulations applicable to the vessel on July 19, 2016 until either July 20, 2018 or the date the vessel obtains a COI, whichever date is earlier. | ||||
| 46:46:4.0.1.6.39.1.45.9 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.175 Approved equipment. | USCG | Where equipment in this subchapter is required to be of an approved type, such equipment requires the specific approval of the Coast Guard. A list of approved equipment and materials may be found online at http://cgmix.uscg.mil/Equipment/EquipmentSearch.aspx . Any OCMI may be contacted for information concerning approved equipment and materials. | ||||
| 46:46:4.0.1.6.39.2.45.1 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.200 Certificate required. | USCG | (a) A towing vessel may not be operated without having onboard a valid COI issued by the Coast Guard as required by § 136.202. (b) Each towing vessel certificated under the provisions of this subchapter must be in full compliance with the terms of the COI. (c) If necessary to prevent the delay of the vessel, the Coast Guard may issue a temporary COI to a towing vessel, pending the issuance and delivery of the permanent COI. The temporary COI must be carried in the same manner as the regular COI and is equivalent to the permanent COI that it represents. (d) A towing vessel on a foreign voyage between a port in the United States and a port in a foreign country whose COI expires during the voyage may lawfully complete the voyage without a valid COI, provided the voyage is completed within 30 days of expiration, and provided that the COI did not expire within 15 days of sailing on the foreign voyage from a U.S. port. | ||||
| 46:46:4.0.1.6.39.2.45.10 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.240 Permit to proceed. | USCG | Permission to proceed to another port for repairs (Form CG-948) may be required for a towing vessel that is no longer in compliance with its COI. This permission may be necessary in certain situations, including damage to the vessel, failure of an essential system, or failure to comply with a regulation, including failure to comply with the TSMS requirements, if appropriate. (a) What a vessel with a TSMS must do before proceeding to another port for repairs. A vessel with a TSMS may proceed to another port for repair, if: (1) In the judgment of the owner, managing operator, or master, the trip can be completed safely; (2) The TSMS addresses the condition of the vessel that has resulted in non-compliance and the necessary conditions under which the vessel may safely proceed to another port for repair; (3) The vessel proceeds as provided in the TSMS and does not tow while proceeding, unless the owner or managing operator determines that it is safe to do so; and (4) The owner or managing operator notifies the cognizant OCMI in whose zone the non-compliance occurred or is discovered, before the vessel proceeds. The owner or operator must also notify the cognizant OCMI in any other OCMI zones through which the vessel will transit. (b) What another vessel must do before proceeding to another port for repairs. If a vessel does not have a TSMS, or a vessel has one but it does not address the condition of the vessel that has resulted in non-compliance or the necessary conditions under which the vessel may safely proceed to another port for repair, the owner, managing operator, or master must request permission to proceed from the cognizant OCMI in whose zone the non-compliance occurs or is discovered. This permission operates as follows: (1) The request for permission to proceed may be made electronically, in writing, or orally. The cognizant OCMI may require a written description, a damage survey, or other documentation to assist in determining the nature and seriousness of the non-compliance. (2) The vessel … | ||||
| 46:46:4.0.1.6.39.2.45.11 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.245 Permit to carry an excursion party or temporary extension or alteration of route. | USCG | (a) A towing vessel must obtain approval to engage in an excursion prior to carrying a greater number of persons than permitted by the COI, or to temporarily extend or alter its area of operation. (b) For a vessel utilizing the TSMS option, the vessel may engage in an excursion, if: (1) In the opinion of the owner, managing operator, or master the operation can be undertaken safely; (2) The TSMS addresses the temporary excursion operation contemplated; the necessary conditions under which the vessel may safely conduct the operation, including the number of persons the vessel may carry; the crew required; and any additional lifesaving or safety equipment required; (3) The vessel proceeds as provided in the TSMS; and (4) The owner, managing operator, or master notifies the cognizant OCMI at least 48 hours prior to the temporary excursion operation. The cognizant OCMI may require submission of pertinent provisions of the TSMS applicable to the vessel for review and onboard verification of compliance. If the cognizant OCMI has reasonable cause to believe that the TSMS applicable to the vessel is insufficient for the intended excursion, additional information may be requested and/or additional requirements may be imposed. (c) If the towing vessel is not under a TSMS, or the TSMS applicable to the vessel does not address the temporary excursion operation: (1) The owner or managing operator must submit an application to the cognizant OCMI. The application must state the intended route, number of passengers or guests, and any other conditions applicable to the excursion that exceed those specified in its COI. (2) The cognizant OCMI may issue the permit either on Form CG-949, “Permit To Carry Excursion Party,” or in letter form. The cognizant OCMI will indicate on the permit the conditions under which it is issued, the number of persons the vessel may carry, the crew required, any additional lifesaving or safety equipment required, the route for which the permit is granted, and the dates on which the permit is val… | ||||
| 46:46:4.0.1.6.39.2.45.12 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.250 Load lines. | USCG | Vessels described in Table 136.250 of this section that operate on the Great Lakes or outside the Boundary Lines, as set forth in 46 CFR part 7, are subject to load line requirements in subchapter E of this chapter in the following circumstances: Table 136.250 | ||||
| 46:46:4.0.1.6.39.2.45.2 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.202 Certificate of Inspection phase-in period. | USCG | (a) All owners or managing operators of more than one existing towing vessel required to have a COI by this subchapter must ensure that each existing towing vessel under their ownership or control is issued a valid COI according to the following schedule: (1) By July 22, 2019, at least 25 percent of the towing vessels must have valid COIs on board; (2) By July 20, 2020, at least 50 percent of the towing vessels must have valid COIs on board; (3) By July 19, 2021, at least 75 percent of the towing vessels must have valid COIs on board; and (4) By July 19, 2022, 100 percent of the towing vessels must have valid COIs on board. (b) All owners or managing operators of only one existing towing vessel required to have a COI by this subchapter must ensure the vessel has an onboard, valid COI by July 20, 2020. (c) A new towing vessel must obtain a COI before it enters into service. | ||||
| 46:46:4.0.1.6.39.2.45.3 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.205 Description. | USCG | A towing vessel's COI describes the vessel, routes that it may travel, minimum manning requirements and total persons allowed onboard, safety equipment and appliances required to be onboard, horsepower, and other information pertinent to the vessel's operations as determined by the OCMI. | ||||
| 46:46:4.0.1.6.39.2.45.4 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.210 Obtaining or renewing a COI. | USCG | Owners and managing operators must submit Form CG-3752, “Application for Inspection of U.S. Vessel,” to the cognizant OCMI where the inspection will take place. The owner or managing operator must submit the application at least 30 days before the vessel will undergo the initial inspection for certification. The owner or managing operator must schedule an inspection for this initial certification with the cognizant OCMI at least 3 months before the vessel is to undergo the inspection for certification. (a) In addition to Form CG-3752, the owner or managing operator must submit: (1) For initial certification: (i) Vessel particular information; and (ii) Number of persons in addition to the crew, if requested; or (2) For a renewal of certification: (i) Any changes to the information in paragraph (a)(1) of this section; and (ii) A description of any modifications to the vessel. (b) In addition to Form CG-3752 and the requirements of paragraph (a) of this section, the owner or managing operator of vessels utilizing the TSMS option must submit: (1) Objective evidence that the owner or managing operator and the vessel are in compliance with the TSMS requirements in part 138 of this subchapter; and (2) Objective evidence that the vessel's structure, stability, and essential systems comply with the applicable requirements of this subchapter for the intended route and service. This objective evidence may be in the form of a survey report issued by a TPO or another form acceptable to the Coast Guard. | ||||
| 46:46:4.0.1.6.39.2.45.5 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.212 Inspection for certification. | USCG | (a) Frequency of inspections. After a towing vessel receives its initial COI, the OCMI will inspect a towing vessel subject to this subchapter located in his or her jurisdiction at least once every 5 years. The OCMI must ensure that every towing vessel is of a structure suitable for its intended route. If the OCMI deems it necessary, he or she may direct the vessel to get underway, and may adopt any other suitable means to test the towing vessel and its equipment. (b) Nature of inspection. The inspection will ensure that the vessel is in satisfactory condition and fit for the service for which it is intended, and that it complies with the applicable statutes and regulations for such vessels. The inspection will include inspections of the structure, pressure vessels and their appurtenances, piping, main and auxiliary machinery, electrical installations, lifesaving appliances, fire detecting and extinguishing equipment, pilot boarding equipment, and other equipment. The inspection will also determine that the vessel is in possession of any valid certificates or licenses issued by the Federal Communications Commission, if required. The inspection will also include an examination of the vessel's lights, means of making sound signals and distress signals, and pollution prevention systems and procedures. (c) Time of issuance of COI. The OCMI will issue a vessel a new COI after the vessel successfully completes the inspection for certification. | ||||
| 46:46:4.0.1.6.39.2.45.6 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.215 Period of validity. | USCG | (a) A COI for a towing vessel is valid for 5 years from the date of issue. (b) For a towing vessel utilizing the TSMS option, the COI is invalid upon the expiration or revocation of the owner or managing operator TSMS certificate or the ISM Code Certificate. (c) A COI may be suspended and withdrawn or revoked by the cognizant Officer in Charge, Marine Inspection at any time for noncompliance with the requirements of this subchapter. | ||||
| 46:46:4.0.1.6.39.2.45.7 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.220 Posting. | USCG | (a) The original COI must be framed under glass or other transparent material and posted in a conspicuous place onboard the towing vessel. (b) If posting is impracticable, the COI must be kept on board in a weathertight container and must be readily available. | ||||
| 46:46:4.0.1.6.39.2.45.8 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.230 Routes permitted. | USCG | (a) The area of operation for each towing vessel and any necessary operational limits are determined by the cognizant OCMI and recorded on the vessel's COI. Each area of operation, referred to as a route, is described on the COI under the major headings “Oceans,” “Coastwise,” “Limited Coastwise,” “Great Lakes,” “Lakes, Bays, and Sounds,” or “Rivers,” as applicable. Additional limitations imposed or extensions granted are described by reference to bodies of waters, geographical points, distances from geographical points, distances from land, depths of channel, seasonal limitations, and similar factors. (b) Operation of a towing vessel on a route of lesser severity than those specifically described or designated on the COI is permitted, unless the route is expressly prohibited on the COI. The general order of decreasing severity of routes is: Oceans; coastwise; limited coastwise; Great Lakes; lakes, bays, and sounds; and rivers. The cognizant OCMI may prohibit a vessel from operating on a route of lesser severity than the primary route on which a vessel is authorized to operate, if local conditions necessitate such a restriction. (c) When designating a permitted route or imposing any operational limits on a towing vessel, the cognizant OCMI may consider: (1) The route-specific requirements of this subchapter; (2) The performance capabilities of the vessel based on design, scantlings, stability, subdivision, propulsion, speed, operating modes, maneuverability, and other characteristics; (3) The suitability of the vessel for nighttime operations and use in all weather conditions; (4) Vessel operations in globally remote areas or severe environments not covered by this subchapter. Such areas may include, but are not limited to, polar regions, remote islands, areas of extreme weather, or other remote areas where timely emergency assistance cannot be anticipated; and (5) The TSMS applicable to the vessel, if the vessel has one. | ||||
| 46:46:4.0.1.6.39.2.45.9 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.235 Certificate of Inspection amendment. | USCG | (a) An amended COI may be issued at any time by the cognizant OCMI. The amended COI replaces the original, but the expiration date remains the same as that of the original. An amended COI may be issued to authorize and record a change in the dimensions, gross tonnage, owner, managing operator, manning, persons permitted, route permitted, conditions of operations, or equipment of a towing vessel, from that specified in the current COI. (b) The owner or managing operator of the towing vessel must make a request for an amended COI to the cognizant OCMI any time there is a change in the character of the vessel or in its route, equipment, ownership, operation, or similar factors specified in its current COI. The OCMI may need to conduct an inspection before issuing an amended COI. (c) For those vessels selecting the TSMS option, the owner or managing operator of the towing vessel must provide to the OCMI objective evidence of compliance with the requirements in this subchapter prior to the issuance of an amended COI. The evidence must: (1) Be from a TPO and prepared in accordance with parts 138 and 139 of this subchapter; and (2) Consider the change in the character of a vessel or in its route, equipment, ownership, operation, or similar factors specified in the vessel's current COI. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
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