cfr_sections
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74 rows where agency = "USCG" and part_number = 52 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 33:33:1.0.1.2.21.1.1.1 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | A | Subpart A—Purpose and Authority | § 52.1 Purpose. | USCG | [OST Doc. No. 2002-13439, 68 FR 9886, Mar. 3, 2003, as amended by USCG-2003-15404, 68 FR 37740, June 25, 2003] | This part establishes the procedure for application for correction of military records of the Coast Guard, for consideration of applications by the Department of Homeland Security Board for Correction of Military Records of the Coast Guard (hereinafter “the Board”), and for settling claims or determining monetary benefits. | |||
| 33:33:1.0.1.2.21.1.1.2 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | A | Subpart A—Purpose and Authority | § 52.2 Authority. | USCG | [OST Doc. No. 2002-13439, 68 FR 9886, Mar. 3, 2003, as amended by USCG-2003-15404, 68 FR 37740, June 25, 2003; USCG-2020-0304, 85 FR 58277, Sept. 18, 2020] | (a) The Secretary of Homeland Security, acting through boards of civilians, is authorized to correct any military record of the Coast Guard when the Secretary considers it necessary to correct an error or remove an injustice. 10 U.S.C. 1552. The Secretary shall ensure that final action on a complete application for correction is taken within 10 months of its receipt. (b) Corrections made under this authority are final and conclusive on all officers of the Government except when procured by fraud. 10 U.S.C. 1552(a)(4). | |||
| 33:33:1.0.1.2.21.2.1.1 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | B | Subpart B—Establishment, Function, and Jurisdiction of Board | § 52.11 Establishment and composition. | USCG | [OST Doc. No. 2002-13439, 68 FR 9886, Mar. 3, 2003, as amended by USCG-2003-15404, 68 FR 37740, June 25, 2003] | (a) Pursuant to 10 U.S.C. 1552, the Board for Correction of Military Records of the Coast Guard is established in the Office of the Secretary of Homeland Security. (b) The Secretary appoints a panel of civilian officers or employees of the Department of Homeland Security to serve as members of the Board, and designates one such member to serve as Chair of the Board. The Chair designates members from this panel to serve as the Board for each case requiring consideration by a Board. The Board consists of three members, and two members present constitute a quorum of the Board. (c) The Deputy Chair of the Board exercises the functions prescribed by these regulations and such other duties as may be assigned by the Chair. | |||
| 33:33:1.0.1.2.21.2.1.2 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | B | Subpart B—Establishment, Function, and Jurisdiction of Board | § 52.12 Function. | USCG | The function of the Board is to consider all applications properly before it, together with all pertinent military records and any submission received from the Coast Guard or other Government office under subpart E, to determine: (a) Whether an error has been made in the applicant's Coast Guard military record, whether the applicant has suffered an error or injustice as the result of an omission or commission in his or her record, or whether the applicant has suffered some manifest injustice in the treatment accorded him or her; and (b) Whether the Board finds it necessary to change a military record to correct an error or remove an injustice. | ||||
| 33:33:1.0.1.2.21.2.1.3 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | B | Subpart B—Establishment, Function, and Jurisdiction of Board | § 52.13 Jurisdiction. | USCG | (a) The Board has jurisdiction to review and determine all matters properly brought before it, consistent with existing law and such directives as may be issued by the Secretary. (b) No application shall be considered by the Board until the applicant has exhausted all effective administrative remedies afforded under existing law or regulations, and such legal remedies as the Board may determine are practical, appropriate, and available to the applicant. | ||||
| 33:33:1.0.1.2.21.3.1.1 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | C | Subpart C—General Provisions Regarding Applications | § 52.21 General requirements. | USCG | [OST Doc. No. 2002-13439, 68 FR 9886, Mar. 3, 2003, as amended by USCG-2014-0410, 79 FR 38431, July 7, 2014; USCG-2019-0929, 84 FR 68343, Dec. 16, 2019] | (a) An application for correction of a Coast Guard record shall be submitted on DD Form 149 (Application for Correction of Military or Naval Record) or an exact copy thereof, and shall be addressed to: DHS Office of the General Counsel, Board for Correction of Military Records, 2707 Martin Luther King Jr. Avenue SE, Stop 0485, Washington, DC 20528-0485. Forms and explanatory material may be obtained from the Chair of the Board. (b) The application shall be signed by the person alleging error or injustice in his or her military record, except that an application may be signed by a family member or legal representative with respect to the record of a deceased, incapacitated, or missing person. The family member or legal representative must submit proof of his or her proper interest with the application. (c) No application shall be docketed or processed until it is complete. An application for relief is complete when all of the following have been received by the Board: (1) A signed DD Form 149, providing all necessary responses, including a specific allegation of error or injustice, accompanied by substantial evidence or information in support of such allegation; (2) The military records of the applicant; and (3) Any applicable military and Department of Veterans Affairs medical records. (d) It is the applicant's responsibility to include his or her correct mailing address on the DD Form 149 and to inform the Chair in writing of any subsequent change of address until the Board or the Secretary takes final action on the application. (e) Briefs in support of applications must be assembled in a manner that permits easy reproduction and may not exceed twenty-five double-spaced typewritten pages in a type size with no more than twelve characters per inch. This limitation does not apply to supporting documentary evidence. In complex cases, the Chair may waive this limitation. | |||
| 33:33:1.0.1.2.21.3.1.2 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | C | Subpart C—General Provisions Regarding Applications | § 52.22 Time limit for filing application. | USCG | An application for correction of a record must be filed within three years after the applicant discovered or reasonably should have discovered the alleged error or injustice. If an application is untimely, the applicant shall set forth reasons in the application why it is in the interest of justice for the Board to consider the application. An untimely application shall be denied unless the Board finds that sufficient evidence has been presented to warrant a finding that it would be in the interest of justice to excuse the failure to file timely. | ||||
| 33:33:1.0.1.2.21.3.1.3 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | C | Subpart C—General Provisions Regarding Applications | § 52.23 Counsel. | USCG | (a) Applicants may be represented by counsel at their own expense. Applicants whose cases are processed under the Whistleblower Protection Act and who are granted a hearing by the Board may be entitled to representation by a Coast Guard law specialist. 10 U.S.C. 1034(f)(3)(A). (b) As used in this part, the term “counsel” includes attorneys who are members in good standing of any bar; accredited representatives of veterans' organizations recognized by the Secretary of Veterans Affairs pursuant to 38 U.S.C. 5902; and other persons who, in the opinion of the Chair, are competent to represent the applicant for correction. Whenever the term “applicant” is used in these rules, except in § 52.21(c), the term shall mean an applicant or his or her counsel. | ||||
| 33:33:1.0.1.2.21.3.1.4 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | C | Subpart C—General Provisions Regarding Applications | § 52.24 Evidence and burden of proof. | USCG | (a) It is the responsibility of the applicant to procure and submit with his or her application such evidence, including official records, as the applicant desires to present in support of his or her case. All such evidence should be submitted with the applicant's DD Form 149 in accordance with § 52.21(c)(1). Evidence submitted by an applicant after an application has been filed and docketed shall be considered late and its acceptance is subject to the provisions in § 52.26(a)(4) and (c). (b) The Board begins its consideration of each case presuming administrative regularity on the part of Coast Guard and other Government officials. The applicant has the burden of proving the existence of an error or injustice by the preponderance of the evidence. | ||||
| 33:33:1.0.1.2.21.3.1.5 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | C | Subpart C—General Provisions Regarding Applications | § 52.25 Access to official records. | USCG | The applicant shall have such access to official records or to any information pertaining to the applicant which is in the custody of the Coast Guard as is provided in 49 CFR parts 7 and 10. | ||||
| 33:33:1.0.1.2.21.3.1.6 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | C | Subpart C—General Provisions Regarding Applications | § 52.26 Right to timely decision; effect of requests for extensions, changes in requests for relief, and late submissions of evidence. | USCG | (a) Each applicant has a right to have final action taken on his or her application within 10 months after all the elements of a complete application, as defined in § 52.21(c), have been received by the Board, unless the applicant: (1) Submits a written request, which is granted by the Chair, for an extension of a specific duration to seek counsel or additional evidence; (2) Submits a written request, which is granted by the Chair, for an extension of the time provided for responding to the views of the Coast Guard in accordance with § 52.42(d); (3) Submits a signed statement that is determined by the Chair to significantly amend the applicant's request for relief after the application has been docketed; (4) Submits significant new evidence, as determined by the Chair, after the application has been docketed; or (5) Is found by the Chair to have unreasonably delayed responding to a request for further information or evidence. (b) If the applicant requests an extension in accordance with paragraphs (a)(1) or (a)(2) of this section or unreasonably delays responding to a request for further information or evidence in accordance with paragraph (a)(5) of this section, he or she shall have a right to have final action taken on the application for correction within 10 months of the application's completion plus all periods of extension granted to the applicant by the Chair and all periods of unreasonable delay. (c) If the applicant significantly amends his or her request for relief or submits significant new evidence after the application has been docketed, in accordance with paragraphs (a)(3) or (a)(4) of this section, the application shall be considered newly complete as of the date the amended request for relief or new evidence is received, in which case the applicant shall have a right to have final action taken on the application within 10 months of the date the Board receives the amended request for relief or significant new evidence. | ||||
| 33:33:1.0.1.2.21.3.1.7 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | C | Subpart C—General Provisions Regarding Applications | § 52.27 Withdrawal of application. | USCG | The Chair may, at his or her discretion, permit the applicant to withdraw his or her application at any time before final action is taken under § 52.64. Any further consideration by the Board of the issues raised in the withdrawn application shall occur only upon the filing of a new application. | ||||
| 33:33:1.0.1.2.21.3.1.8 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | C | Subpart C—General Provisions Regarding Applications | § 52.28 Stay of proceedings. | USCG | An application to the Board for correction of a military record does not operate as a stay of any proceeding or administrative action taken with respect to or affecting the applicant. | ||||
| 33:33:1.0.1.2.21.4.1.1 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | D | Subpart D—Consideration of Application and Administrative Closure | § 52.31 Consideration of application. | USCG | Each application shall be reviewed by the Chair to determine whether it meets the requirements of § 52.21 before it is docketed. The Chair shall decide in appropriate cases whether to grant a hearing or to recommend disposition on the merits without a hearing. | ||||
| 33:33:1.0.1.2.21.4.1.2 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | D | Subpart D—Consideration of Application and Administrative Closure | § 52.32 Administrative closure. | USCG | (a) The Chair may administratively close a case after it has been docketed and at any time prior to its consideration by the Board if the Chair determines that: (1) The application was erroneously docketed because the application did not meet the criteria under § 52.21; (2) Effective relief cannot be granted by the Board; (3) The Board does not have jurisdiction to determine the issues presented or the applicant has not exhausted an available administrative remedy, as required under § 52.13(b); or (4) The Coast Guard has granted effective relief satisfactory to the applicant. (b) Administrative closure does not constitute a denial of relief. Applicants who believe their cases should not have been administratively closed by the Chair may resubmit their applications with a request for further consideration and a statement explaining why the applicant believes his or her case should be docketed and considered by the Board. A request for further consideration shall be regarded as a new application for the purposes of §§ 52.21 and 52.26. (c) If the Chair administratively closes a case, the applicant shall be advised of the reason and of the right to resubmit his or her application. | ||||
| 33:33:1.0.1.2.21.5.1.1 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | E | Subpart E—Submissions by the Coast Guard and Other Offices | § 52.41 Assistance. | USCG | The Board may request such advice, opinion, assistance, or use of the facilities of any other bureau, board, or office of the Department of Transportation as the Board deems necessary. | ||||
| 33:33:1.0.1.2.21.5.1.2 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | E | Subpart E—Submissions by the Coast Guard and Other Offices | § 52.42 Views of the Coast Guard. | USCG | (a) The Board shall transmit to the Commandant of the Coast Guard or his or her delegate a copy of each application for relief submitted and docketed under subpart C of this part, together with any briefs, memoranda, and documentary evidence submitted or obtained in the case. (b) The Commandant of the Coast Guard or his or her delegate may forward to the Board a written advisory opinion presenting the views of the Coast Guard on any case before the Board. (c) An advisory opinion furnished by the Coast Guard under this section shall not be binding upon the Board, but shall be considered by the Board, along with all other information and material submitted in the particular case, if it is received by the Board within 135 days of the date the application is complete. The Chair may, in his or her discretion, grant the Coast Guard an extension of the time provided for submitting the advisory opinion. (d) The Board shall promptly send a copy of each submission made by the Coast Guard under this section to the applicant involved, subject to the limitations in §§ 52.42(c) and 52.43(c). Each applicant has 30 days, from the date the Board sends the submission, to submit to the Board a written rebuttal or response to the Coast Guard's advisory opinion or a written request for an extension of the time to respond, subject to the provisions in § 52.26. (e) Advisory opinions submitted by the Coast Guard and briefs submitted by applicants in response to the advisory opinions of the Coast Guard must be assembled in a manner that permits easy reproduction and may not exceed fifteen double-spaced typewritten pages in a type size with no more than twelve characters per inch. This limitation does not apply to supporting documentary evidence. In complex cases, the Chair may waive this limitation. | ||||
| 33:33:1.0.1.2.21.5.1.3 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | E | Subpart E—Submissions by the Coast Guard and Other Offices | § 52.43 Requests for further information; submissions of classified, privileged, and sensitive information. | USCG | (a) The Chair or the Board may ask the applicant to submit additional information not included in the application or response to the advisory opinion. (b) The Chair or the Board may ask the Coast Guard or other Government office to submit any information, including reports of investigations, that the Chair or the Board deems relevant to an applicant's case. (c) Whenever the Coast Guard or other Government office submits classified, privileged, or sensitive information to the Board in accordance with paragraph (b) of this section or § 52.42(b), it shall identify such information and also provide the Board with a copy of that part of the information that would be released to the applicant by the Coast Guard or other Government office if he or she requested it under 49 CFR parts 7 and 10. The Board shall forward only this redacted copy to the applicant. | ||||
| 33:33:1.0.1.2.21.6.1.1 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | F | Subpart F—Hearings | § 52.51 General provision. | USCG | In each case in which the Chair determines that a hearing is warranted, the applicant will be entitled to be heard orally in person, by counsel, or in person with counsel. | ||||
| 33:33:1.0.1.2.21.6.1.2 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | F | Subpart F—Hearings | § 52.52 Notice of hearing. | USCG | (a) If the Chair determines that a hearing is warranted, the Chair shall notify the applicant that a hearing has been granted. (b) The date of hearing shall be not less than 21 days from the date of this notification. Written notice stating the date, time, and place of the hearing shall be given to the applicant and the Coast Guard. | ||||
| 33:33:1.0.1.2.21.6.1.3 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | F | Subpart F—Hearings | § 52.53 Witnesses. | USCG | (a) In any case in which the Chair has granted a hearing, the applicant shall have the right to present witnesses. (b) It is the responsibility of the applicant to notify his or her witnesses and to ensure their appearance at the date, time, and place set for the hearing. | ||||
| 33:33:1.0.1.2.21.6.1.4 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | F | Subpart F—Hearings | § 52.54 Expenses. | USCG | No expenses of any nature whatsoever incurred by an applicant, his or her counsel, witnesses, or others acting on behalf of the applicant shall be paid by the Government, except that an applicant may be entitled to representation by a Coast Guard law specialist if the case has been processed under the Whistleblower Protection Act. 10 U.S.C. 1034(f)(3)(A). | ||||
| 33:33:1.0.1.2.21.6.1.5 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | F | Subpart F—Hearings | § 52.55 Nonappearance. | USCG | An applicant who fails without good cause to appear in person or by counsel at the appointed date, time, and place for hearing, is deemed to have waived the right to a hearing. The application is then considered by the Board on the basis of all the material of record. | ||||
| 33:33:1.0.1.2.21.6.1.6 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | F | Subpart F—Hearings | § 52.56 Conduct of hearing. | USCG | (a) The Chair or the Chair's designee shall conduct a hearing so as to ensure a full and fair presentation of the evidence. (b) The hearing is not limited by legal rules of evidence, but reasonable standards of competency, relevancy, and materiality are observed for the receipt and consideration of evidence. (c) All testimony shall be given under oath or affirmation. | ||||
| 33:33:1.0.1.2.21.6.1.7 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | F | Subpart F—Hearings | § 52.57 Record of hearing. | USCG | A hearing pursuant to this subpart in open session shall be recorded verbatim and, at the discretion of the Board or direction of the Secretary, shall be transcribed. | ||||
| 33:33:1.0.1.2.21.7.1.1 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | G | Subpart G—Judgment and Disposition | § 52.61 Deliberations and decision. | USCG | (a) The Board is convened at the call of the Chair and its meetings are recessed or adjourned by order of the Chair. Only members of the Board and its staff may be present during the deliberations of the Board. The Board's deliberations are conducted in executive session and are not reported. (b) When the Board finds that the facts have not been fully and fairly disclosed by the records, testimony, and any other evidence before the Board, the Board may request the applicant and/or the Coast Guard to obtain and submit such further evidence as it considers essential to a complete and impartial understanding of the facts and issues. (c) Following the receipt of all evidence, the Chair shall cause to be prepared and shall submit to the Board for its consideration a draft decision containing proposed findings and conclusions and a proposed order. A majority vote of the members of the Board present at a meeting on any matter relating to a draft decision before the Board shall constitute the action of the Board. If a draft decision is approved by the Board, it shall become a decision of the Board. (d) The decision of the Board shall specify any change, correction, or modification of records to be made by the Coast Guard, and any other action deemed necessary to provide full and effective relief, which may include directing the Coast Guard to convene medical boards. (e) If the Board deems it necessary to submit a comment or recommendation to the Secretary as to a matter arising from, but not directly related to, the issues in a case, it does so by separate communication. | ||||
| 33:33:1.0.1.2.21.7.1.2 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | G | Subpart G—Judgment and Disposition | § 52.62 Minority report. | USCG | In case of disagreement among Board members, a minority report may be submitted dissenting from or concurring with the decision of the Board. | ||||
| 33:33:1.0.1.2.21.7.1.3 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | G | Subpart G—Judgment and Disposition | § 52.63 Record of proceedings. | USCG | (a) The Board shall prepare a complete record of each proceeding. The record shall include the application for relief; the written views of the Coast Guard, if any; any transcript of testimony; affidavits and documents considered by the Board; briefs and written arguments filed in the case; the findings, decisions, and recommendations of the Board; minority reports, if any; and all other materials necessary to reflect a true and complete history of the proceedings. (b) After final action has been taken on an application in accordance with § 52.64, any classified, privileged, or sensitive information in the record of proceedings that has been provided by the Coast Guard or another Government office in accordance with §§ 52.42 or 52.43 shall be returned by the Board to the office from which it was received. Only a copy of the information provided by the Coast Guard or other Government office for release to the applicant in accordance with § 52.43(c) shall be retained in the permanent record of proceedings after final action is taken. | ||||
| 33:33:1.0.1.2.21.7.1.4 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | G | Subpart G—Judgment and Disposition | § 52.64 Final action. | USCG | (a) The Board, provided that it acts unanimously, may take final action on behalf of the Secretary, pursuant to 10 U.S.C. 1552, as follows: (1) The Board may deny an application for the correction of military records. (2) Unless the Coast Guard, in submitting its views pursuant to § 52.42(b), identifies and describes a significant issue of Coast Guard policy challenged in the application, the Board may approve an application for the correction of military records in any of the following categories: (i) An application to correct an enlistment or reenlistment contract or agreement to extend an enlistment for the purpose of effecting or increasing entitlement to a Selective Reenlistment Bonus; (ii) An application to modify an election to participate in the Survivor Benefit Plan; (iii) An application to change a reenlistment eligibility code; (iv) An application to correct the character of, or reason for, a discharge or separation; or (v) An application to receive a medal or award. (3) The Board may approve any application for correction of military records not included in one of the categories in paragraph (a)(2) of this section, if the Coast Guard recommends the same or substantially same relief as that requested by the applicant. (b) Except in cases where the Board takes final action under paragraph (a) of this section, the Board shall forward the record of its proceedings to the Secretary, who may approve, disapprove, or concur in the decision of the Board or the minority report, if any, either in whole or in part, and amend the order of the Board accordingly, or return the case to the Board for additional consideration. After taking final action, the Secretary shall send any such statement and the record of proceedings to the Board for disposition. | ||||
| 33:33:1.0.1.2.21.7.1.5 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | G | Subpart G—Judgment and Disposition | § 52.65 Orders. | USCG | (a) The Board shall issue such orders or directives as may be necessary to carry out a final action. (b) The Board may ask the Coast Guard to submit a written report to the Board specifying the action taken and the date thereof with respect to any final action. (c) Unless doing so is likely to nullify the relief granted, copies of the final decision shall be placed in the military record of the applicant. | ||||
| 33:33:1.0.1.2.21.7.1.6 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | G | Subpart G—Judgment and Disposition | § 52.66 Notification. | USCG | After final action is taken under § 52.64, the Board shall send a copy of the final decision to the applicant. The applicant may inspect the permanent record of proceedings at Board offices. | ||||
| 33:33:1.0.1.2.21.7.1.7 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | G | Subpart G—Judgment and Disposition | § 52.67 Reconsideration. | USCG | (a) Reconsideration of an application for correction of a military record shall occur if an applicant requests it and the request meets the requirements set forth in paragraph (a)(1) or (a)(2) of this section. (1) An applicant presents evidence or information that was not previously considered by the Board and that could result in a determination other than that originally made. Such new evidence or information may only be considered if it could not have been presented to the Board prior to its original determination if the applicant had exercised reasonable diligence; or (2) An applicant presents evidence or information that the Board, or the Secretary as the case may be, committed legal or factual error in the original determination that could have resulted in a determination other than that originally made. (b) The Chair shall docket a request for reconsideration of a final decision if it meets the requirements of paragraph (a)(1) or (a)(2) of this section. If neither of these requirements is met, the Chair shall not docket such request. (c) The Board shall consider each application for reconsideration that has been docketed. None of the Board members who served on the Board that considered an applicant's original application for correction shall serve on the Board that decides the applicant's application upon reconsideration. (d) Action by the Board on a docketed application for reconsideration is subject to §§ 52.26 and 52.64(b). (e) An applicant's request for reconsideration must be filed within two years after the issuance of a final decision, except as otherwise required by law. If the Chair dockets an applicant's request for reconsideration, the two-year requirement may be waived if the Board finds that it would be in the interest of justice to consider the request despite its untimeliness. | ||||
| 33:33:1.0.1.2.21.8.1.1 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | H | Subpart H—Payment of Claims and Implementation of Orders | § 52.71 Authority to pay. | USCG | (a) The Coast Guard is authorized to pay the claims of any person as the result of any action heretofore or hereafter taken under 10 U.S.C. 1552. (b) The Coast Guard is not authorized to pay any claim heretofore compensated by Congress through enactment of private law, or to pay any amount as compensation for any benefit to which the claimant might subsequently become entitled under the laws and regulations administered by the Secretary of Veterans Affairs. | ||||
| 33:33:1.0.1.2.21.8.1.2 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | H | Subpart H—Payment of Claims and Implementation of Orders | § 52.72 Implementation of orders. | USCG | (a) In each case the Board shall transmit a copy of its decision or the Secretary's decision to the proper Coast Guard authority for determination of monetary benefits due, if any, as a result of the action of the Board and for corrections of the military record ordered by the Board. (b) Upon request, the claimant is required to furnish to the Board or to the Coast Guard any information necessary to determine the proper parties to the claim for payment under applicable provisions of law. (c) Appropriate records shall be examined in light of the Board's decision to determine all amounts which may be due. Amounts found due are subject to setoff in the amount of any existing indebtedness to the Government arising from Coast Guard service and to other setoffs required by law or regulation. (d) At the time of payment, the claimant shall be advised as to the nature and amount of the various benefits represented by the total settlement, and of the fact that acceptance of the settlement constitutes a complete release by the claimant of any claim against the United States on account of the correction of record ordered by the Board. | ||||
| 33:33:1.0.1.2.21.8.1.3 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | H | Subpart H—Payment of Claims and Implementation of Orders | § 52.73 Interpretation. | USCG | If the intent or import of the final decision is not clear to the Coast Guard, if the Coast Guard believes that executing all or part of the order in the final decision is beyond the Coast Guard's authority, or if the Coast Guard believes that the order is incomplete because of an oversight, the final decision shall be returned to the Board for clarification or technical amendment. | ||||
| 33:33:1.0.1.2.21.8.1.4 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | H | Subpart H—Payment of Claims and Implementation of Orders | § 52.74 Report of settlement. | USCG | When payment is made pursuant to the order of the Board, the Board may request the Coast Guard to notify it of the name of any person to whom payment was made and of the amount of the payment. | ||||
| 33:33:1.0.1.2.21.9.1.1 | 33 | Navigation and Navigable Waters | I | B | 52 | PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD | I | Subpart I—Public Access to Decisions | § 52.81 Reading room and index. | USCG | After deleting only so much personal information as is necessary to prevent an unwarranted invasion of privacy of the applicant or other persons mentioned in the final decision of the Board, a redacted copy of each final decision shall be indexed by subject and made available for review and copying at a public reading room. Final decisions created on or after November 1, 1996, shall be made available by electronic means. 5 U.S.C. 552. | ||||
| 46:46:2.0.1.2.10.1.1.1 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-1 Incorporation by reference. | USCG | [USCG-2003-16630, 73 FR 65160, Oct. 31, 2008, as amended by USCG-2009-0702, 74 FR 49228, Sept. 25, 2009; USCG-2012-0832, 77 FR 59777, Oct. 1, 2012; USCG-2013-0671, 78 FR 60147, Sept. 30, 2013] | Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the U.S. Coast Guard and the National Archives and Records Administration (NARA). Contact U.S. Coast Guard Headquarters at: Commandant (CG-ENG), Attn: Office of Design and Engineering Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; phone (202) 372-1375; email typeapproval@uscg.mil . For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov . The material is available from: American Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016-5990; 800-843-2763; CustomerCare@asme.org ; www.asme.org : (a) ASME BPVC.I-2019, 2019 ASME Boiler and Pressure Vessel Code, Section I, Rules for Construction of Power Boilers, 2019 Edition, issued July 1, 2019 (“Section I of the ASME BPVC”); IBR approved for §§ 52.01-2; 52.01-3 introductory text and (g); 52.01-5; 52.01-50(a); 52.01-90; 52.01-95(a) and (f); 52.01-100(a) and (b); 52.01-105(a) and (b); 52.01-110(a); 52. 01-115; 52.01-120; 52.01-135(a)through (c); 52.01-140; 52.01-145; 52.05-1; 52.05-15; 52.05-20; 52.05-30; 52.05-45; 52.15-1; 52.15-5(a) and (b); 52.20-1; 52.20-25(a); 52.25-3; 52.25-5; 52.25-7; 52.25-10(a). (b) [Reserved] | |||
| 46:46:2.0.1.2.10.1.1.10 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-90 Materials. | USCG | [USCG-2003-16630, 73 FR 65161, Oct. 31, 2008] | Material subject to stress due to pressure must conform to specifications as indicated in paragraphs PG-5 through PG-14 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1). | |||
| 46:46:2.0.1.2.10.1.1.11 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-95 Design (modifies PG-16 through PG-31 and PG-100). | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by CGD 81-79, 50 FR 9432, Mar. 8, 1985; USCG-2003-16630, 73 FR 65161, Oct. 31, 2008] | (a) Requirements. Boilers required to be designed to this part must meet the requirements of PG-16 through PG-31 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1) except as noted otherwise in this section. (b) Superheater. (1) The design pressure of a superheater integral with the boiler must not be less than the lowest setting of the drum safety valve. (2) Controls must be provided to ensure that the maximum temperature at the superheater outlets does not exceed the allowable temperature limit of the material used in the superheater outlet, in the steam piping, and in the associated machinery under all operating conditions. Visible and audible alarms indicating excessive superheat must be provided in any installation in which the superheater outlet temperature exceeds 454 °C (850 °F). The setting of the excessive superheat alarms must not exceed the maximum allowable temperature of the superheater outlet, which may be limited by the boiler design, the main steam piping design, or the temperature limits of other equipment subjected to the temperature of the steam. (3) Arrangement must be made for venting and draining the superheater in order to permit steam circulation through the superheater when starting the boiler. (c) Economizer. The design pressure of an economizer integral with the boiler and connected to the boiler drum without intervening stop valves must be at least equal to 110 percent of the highest setting of the safety valves on the drum. (d) Brazed boiler steam air heaters. Boiler steam air heaters utilizing brazed construction are permitted at temperatures not exceeding 525 °F. Refer to § 56.30-30(b)(1) of this subchapter for applicable requirements. (e) Stresses. (Modifies PG-22.) The stresses due to hydrostatic head must be taken into account in determining the minimum thickness of the shell or head of any boiler pressure part unless noted otherwise. Additional stresses, imposed by effects other than internal pressure or static head, which increase the avera… | |||
| 46:46:2.0.1.2.10.1.1.12 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-100 Openings and compensation (modifies PG-32 through PG-39, PG-42 through PG-55). | USCG | [CGD 81-79, 50 FR 9432, Mar. 8, 1985, as amended by USCG-2003-16630, 73 FR 65161, Oct. 31, 2008] | (a) The rules for openings and compensation must be as indicated in PG-32 through PG-55 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1) except as noted otherwise in this section. (b) (Modifies PG-39.) Pipe and nozzle necks must be attached to vessel walls as indicated in PG-39 of Section I of the ASME BPVC except that threaded connections must not be used under any of the following conditions: (c) (Modifies PG-42.) Butt-welding flanges and fittings must be used when full radiography is required by § 56.95-10 of this subchapter. | |||
| 46:46:2.0.1.2.10.1.1.13 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-105 Piping, valves and fittings (modifies PG-58 and PG-159). | USCG | [CGD 81-79, 50 FR 9432, Mar. 8, 1985, as amended by USCG-2003-16630, 73 FR 65161, Oct. 31, 2008] | (a) Boiler external piping within the jurisdiction of the ASME BPVC must be as indicated in PG-58 and PG-59 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1) except as noted otherwise in this section. Piping outside the jurisdiction of the ASME BPVC must meet the appropriate requirements of part 56 of this subchapter. (b) In addition to the requirements in PG-58 and PG-59 of Section I of the ASME BPVC, boiler external piping must: (1) Meet the design conditions and criteria in § 56.07-10 of this subchapter, except § 56.07-10(b); (2) Be included in the pipe stress calculations required by § 56.35-1 of this subchapter; (3) Meet the nondestructive examination requirements in § 56.95-10 of this subchapter; (4) Have butt-welding flanges and fittings when full radiography is required; and (5) Meet the requirements for threaded joints in § 56.30-20 of this subchapter. (c) Steam stop valves, in sizes exceeding 152mm (6 inch) NPS, must be fitted with bypasses for heating the line and equalizing the pressure before the valve is opened. (d)(1) Feed water must not be discharged into a boiler against surfaces exposed to hot gases or radiant heat of the fire. (2) Feed water nozzles of boilers designed for pressures of 2758 kPa (400 psi), or over, must be fitted with sleeves or other suitable means employed to reduce the effects (e)(1) Firetube and drum type boilers must be fitted with a surface and a bottom blowoff valve or cock attached directly to the boiler or to a short distance piece. The bottom blowoff valve must be attached to the lowest part of the boiler or fitted with an internal pipe leading to the lowest point inside the boiler. Boilers equipped with a continuous blowdown valve on the steam drum are not required to be fitted with an additional surface blowoff connection. (2) Where blowoff pipes are exposed to radiant heat of the fire, they must be protected by fire brick or other suitable heat-resisting material. (f) Where dry pipes are used, they must be provided with drains at e… | |||
| 46:46:2.0.1.2.10.1.1.14 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-110 Water-level indicators, water columns, gauge-glass connections, gauge cocks, and pressure gauges (modifies PG-60). | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by CGD 81-79, 50 FR 9433, Mar. 8, 1985; CGD 83-043, 60 FR 24772, May 10, 1995; USCG-2003-16630, 73 FR 65161, Oct. 31, 2008] | (a) Boiler water level devices. Boiler water level devices must be as indicated in PG-60 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1) except as noted otherwise in this section. (b) Water level indicators. (Modifies PG-60.1.) (1) Each boiler, except those of the forced circulation type with no fixed water line and steam line, must have two independent means of indicating the water level in the boiler connected directly to the head or shell. One must be a gage lighted by the emergency electrical system (See subpart 112.15 of subchapter J of this chapter). The secondary indicator may consist of a gage glass, or other acceptable device. Where the allowance pressure exceeds 1724 kPa (250 psig), gage glasses must be of the flat type instead of the common tubular type. (2) Gage glasses must be in continuous operation while the boiler is steaming. (3) Double-ended firetube boilers must be equipped as specified in this paragraph (b) and paragraph (e) of this section except that the required water level indicators must be installed on each end of the boiler. (4) Externally fired flue boilers, such as are used on central western river vessels, must be equipped as specified in paragraphs (b)(1) through (3) of this section except that float gages may be substituted for gage glasses. (c) Water columns. (Modifies PG-60.2.) The use of water columns is generally limited to firetube boilers. Water column installations must minimize the effect of ship motion on water level indication. Water columns must be fitted directly to the heads or shells of boilers or drums, or if necessary, connected thereto by a distance piece both at the top and bottom of the water columns. Shutoff valves used in the pipe connections between the boiler and water column must be locked or sealed open. Water column piping must not be fitted inside the uptake, the smoke box, or the casing. Water columns must be fitted with suitable drains. Cast iron fittings are not permitted. (d) Gage glass connections. (Modifies PG… | |||
| 46:46:2.0.1.2.10.1.1.15 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-115 Feedwater supply (modifies PG-61). | USCG | [USCG-2003-16630, 73 FR 65161, Oct. 31, 2008] | Boiler feedwater supply must meet the requirements of PG-61 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1) and § 56.50-30 of this subchapter. | |||
| 46:46:2.0.1.2.10.1.1.16 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-120 Safety valve and safety relief valves (modifies PG-67 through PG-73). | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by CGD 81-79, 50 FR 9433, Mar. 8, 1985; USCG-2003-16630, 73 FR 65161, Oct. 31, 2008] | (a)(1) Boiler safety valves and safety relief valves must be as indicated in PG-67 through PG-73 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1) except as noted otherwise in this section. (2) A safety valve must: (i) Be stamped in accordance with PG-110 of Section I of the ASME BPVC; (ii) Have its capacity certified by the National Board of Boiler and Pressure Vessel Inspectors; (iii) Have a drain opening tapped for not less than 6mm ( 1/4 in.) NPS; and (iv) Not have threaded inlets for valves larger than 51mm (2 in.) NPS. (3) On river steam vessels whose boilers are connected in batteries without means of isolating one boiler from another, each battery of boilers must be treated as a single boiler and equipped with not less than two safety valves of equal size. (4) (Modifies PG-70.) The total rated relieving capacity of drum and superheater safety valves as certified by the valve manufacturer must not be less than the maximum generating capacity of the boiler, which must be determined and certified by the boiler manufacturer. This capacity must comply with PG-70 of Section I of the ASME BPVC. (5) In the event the maximum steam generating capacity of the boiler is increased by any means, the relieving capacity of the safety valves must be checked by an inspector, and, if necessary, valves of increased relieving capacity must be installed. (6) (Modifies PG-67.) Drum safety valves must be set to relieve at a pressure not in excess of that allowed by the Certificate of Inspection. Where for any reason this is lower than the pressure for which the boiler was originally designed and the revised safety valve capacity cannot be recomputed and certified by the valve manufacturer, one of the tests described in PG-69 of section I of the ASME BPVC must be conducted in the presence of the Inspector to ensure that the relieving capacity is sufficient at the lower pressure. (7) On new installations the safety valve nominal size for propulsion boilers and superheaters must not be less than 3… | |||
| 46:46:2.0.1.2.10.1.1.17 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-130 Installation. | USCG | (a) Foundations. (1) Plans showing details of proposed foundations and support for boilers and the proposed means of bracing boilers in the vessel must be submitted for approval to the Officer in Charge, Marine Inspection, in the district where the installation is being made. (2) Provision must be made in foundations for expansion of the boilers when heated. (3) Boilers must be provided with chocks to prevent movement in the event of collision unless a bolted or riveted construction satisfactorily provides for this contingency. (b) Protection of adjacent structure. (1) Boilers must be so placed that all parts are readily accessible for inspection and repair. (2) In vessels having a double bottom or other extensive surfaces directly below the boiler, the distance between such surface and a boiler must in no case be less than 18 inches at the lowest part. (3) The pans of oil-burning, watertube boilers must be arranged to prevent oil from leaking into the bilges and must be lined with firebrick or other heat resisting material. (4) The distance between a boiler and a compartment containing fuel oil must not be less than 24 inches. (5) All oil-burning boilers must be provided with oiltight drip pans under the burners to prevent oil draining into the bilges. (c) Boiler uptakes. (1) Where dampers are installed in the uptakes or funnels, the arrangement must be such that it will not be possible to shut off the gas passages from the operating boilers. (2) Each main power boiler and auxiliary boiler must be fitted with a separate gas passage. | ||||
| 46:46:2.0.1.2.10.1.1.18 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-135 Inspection and tests (modifies PG-90 through PG-100). | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by CGFR 69-127, 35 FR 9976, June 17, 1970; CGD 81-79, 50 FR 9433, Mar. 8, 1985; CGD 88-057, 55 FR 24236, June 15, 1990; USCG-2003-16630, 73 FR 65162, Oct. 31, 2008] | (a) Requirements. Inspection and test of boilers and boiler pressure parts must be as indicated in PG-90 through PG-100 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1) except as noted otherwise in this section. (b) Inspection personnel. The inspections required by PG-90 through PG-100 of Section I of the ASME BPVC must be performed by the “Authorized Inspector” as defined in PG-91 of Section I of the ASME BPVC. The Authorized Inspector must hold a valid commission issued by the National Board of Boiler and Pressure Vessel Inspectors. After installation, boilers will be inspected for compliance with this part by the “Marine Inspector” as defined in § 50.10-15 of this subchapter. (c) Hydrostatic test. (Modifies PG-99.) Each new boiler must be hydrostatically tested after installation to 1.5 times the maximum allowable working pressure as indicated in PG-99 of Section I of the ASME BPVC. Before the boilers are insulated, accessible parts of the boiler must be emptied, opened, and all interior surfaces must be examined by the marine inspector to ascertain that no defects have occurred due to the hydrostatic test. (d) Operating tests. In addition to hydrostatic tests prescribed in paragraph (c) of this section, automatically controlled propulsion and auxiliary boilers must be subjected to operating tests as specified in §§ 61.30-20, 61.35-1, 61.35-3, 62.30-10, 63.15-9, 63.25-3, and 63.25-5 of this subchapter, as appropriate, or as directed by the Officer in Charge, Marine Inspection, for propulsion boilers. These tests are to be performed after final installation. | |||
| 46:46:2.0.1.2.10.1.1.19 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-140 Certification by stamping (modifies PG-104 through PG-113). | USCG | [CGD 81-79, 50 FR 9433, Mar. 8, 1985, as amended by USCG-2003-16630, 73 FR 65162, Oct. 31, 2008] | (a) All boilers built in accordance with this part must be stamped with the appropriate ASME symbol as required by PG-104 through PG-113 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1). (b)(1) Upon satisfactory completion of the tests and Coast Guard inspections, boilers must be stamped with the following: (i) Manufacturer's name and serial number; (ii) ASME symbol; (iii) Coast Guard symbol, which is affixed only by marine inspector (see § 50.10-15 of this subchapter); (iv) Maximum allowable working pressure __ at __ °C ( °F): and (v) Boiler rated steaming capacity in kilograms (pounds) per hour (rated joules (Btu) per hour output for high temperature water boilers). (2) The information required in paragraph (b)(1) of this section must be located on: (i) The front head or shell near the normal waterline and within 610 mm (24 inches) of the front of firetube boilers; and (ii) The drum head of water tube boilers. (3) Heating boilers built to Section I of the ASME BPVC, as permitted by § 53.01-10(e) of this subchapter, do not require Coast Guard stamping but must receive full ASME stamping including the appropriate code symbol. (c) The data must be legibly stamped and must not be obliterated during the life of the boiler. In the event that the portion of the boiler upon which the data is stamped is to be insulated or otherwise covered, a metal nameplate as described in PG-106.6 of Section I of the ASME BPVC must be furnished and mounted. The nameplate is to be maintained in a legible condition so that the data may be easily read. (d) Safety valves must be stamped as indicated in PG-110 of the ASME BPVC. | |||
| 46:46:2.0.1.2.10.1.1.2 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-2 Adoption of Section I of the ASME BPVC. | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by CGFR 69-127, 35 FR 9975, June 17, 1970; CGD 81-79, 50 FR 9431, Mar. 8, 1985. Redesignated and amended by CGD 88-032, 56 FR 35821, July 29, 1991; USCG-2003-16630, 73 FR 65160, Oct. 31, 2008] | (a) Main power boilers and auxiliary boilers must be designed, constructed, inspected, tested, and stamped in accordance with Section I of the ASME BPVC (incorporated by reference; see § 52.01-1), as limited, modified, or replaced by specific requirements in this part. The appendices to Section I of the ASME BPVC are adopted and must be followed when the requirements in Section I make them mandatory. For general information, table 1 to § 52.01-2(a) lists the various paragraphs in Section I of the ASME BPVC that are limited, modified, or replaced by regulations in this part. Table 1 to § 52.01-2( a )—Limitations and Modifications in the Adoption of Section I of the ASME BPVC Note 1 to table 1 to § 52.01-2(a): The references to specific provisions in the ASME BPVC are coded. The first letter “P” refers to section I, while the letter “A” refers to the appendix to section I. The letter or letters following “P” refer to a specific subsection of section I. The number following the letter or letters refers to the paragraph so numbered in the text. (b) References to the ASME BPVC, such as paragraph PG-1, indicate: (1) P=Section I, Power Boilers. (2) G=Subsection—General Requirements. (3) 1=Paragraph 1. (c) When a section or paragraph of the regulations in this part relates to Section I of the ASME BPVC, the relationship with the code will be shown immediately following the heading of the section or at the beginning of the paragraph as follows: (1) (Modifies P __.) This indicates that the material in P __ is generally applicable but is being altered, amplified, or augmented. (2) (Replaces P __.) This indicates that P __ does not apply. (3) (Reproduces P __.) This indicates that P __ is being identically reproduced for convenience, not for emphasis. | |||
| 46:46:2.0.1.2.10.1.1.20 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-145 Manufacturer's data report forms (modifies PG-112 and PG-113). | USCG | [CGD 81-79, 50 FR 9434, Mar. 8, 1985, as amended by USCG-2003-16630, 73 FR 65161, Oct. 31, 2008] | The manufacturer's data report forms required by PG-112 and PG-113 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1) must be made available to the marine inspector for review. The Authorized Inspector's National Board commission number must be included on the manufacturer's data report forms. | |||
| 46:46:2.0.1.2.10.1.1.3 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-3 Definition of terms used in this part. | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by CGFR 69-127, 35 FR 9976, June 17, 1970; CGD 81-79, 50 FR 9431, Mar. 8, 1985; CGD 83-043, 60 FR 24772, May 10, 1995] | For primary definitions associated with power boiler design, see Section I of the ASME BPVC (incorporated by reference; see § 52.01-1). (a) Types of boilers —(1) Main power boiler . A main power boiler is a steam boiler used for generating steam for main propulsion. (2) Auxiliary or donkey boiler. An auxiliary or donkey boiler is a steam boiler used for general purposes other than main propulsion. (3) Watertube boiler. A watertube boiler is a steam boiler in which the boiler tubes contain water and steam. The heat is applied to the outside surface of the tubes. (4) Internally fired firetube boiler (scotch boiler). An internally fired firetube boiler is a steam boiler containing furnaces, one or more combustion chambers and tubes or flues, which are surrounded by water and through which the products of combustion pass from the furnace to the uptake. (5) Externally fired firetube or flue boiler (horizontal return tubular ). An externally fired firetube or flue boiler is a steam boiler, part of the outer shell of which is exposed to fire or to the products of combustion, and containing flues through which such products pass from the furnace to the uptake. (6) Unfired steam boiler. A pressure vessel in which steam is generated by means other than fuel combustion is classed as an unfired steam boiler. (See § 54.01-10 of this subchapter.) (b) Parts of boilers —(1) Superheater. A superheater is an appliance, normally consisting of tube rows, for the purpose of increasing the temperature of steam above the saturation temperature. (2) Economizer. An economizer is a feed-water heater usually located in the uptake or casing of a boiler to absorb heat from the waste gases. (3) Furnace. A furnace is a firebox or a large flue in which the fuel is burned. (4) Flues. Flues are cylindrical shells made of seamless or welded tubing, or with a riveted longitudinal joint, the ends being attached by riveting or welding. Their purpose is to provide additional heating surface and to form a path for the prod… | |||
| 46:46:2.0.1.2.10.1.1.4 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-5 Plans. | USCG | [CGD 81-79, 50 FR 9432, Mar. 8, 1985, as amended by USCG-2006-25697, 71 FR 55746, Sept. 25, 2006; USCG-2003-16630, 73 FR 65160, Oct. 31, 2008] | (a) Manufacturers intending to fabricate boilers to be installed on vessels must submit detailed plans as required by subpart 50.20 of this subchapter. The plans, including design calculations, must be certified by a registered professional engineer as meeting the design requirements in this part and in Section I of the ASME BPVC (incorporated by reference; see § 52.01-1). (b) The following information must be included: (1) Calculations for all pressure containment components including the maximum allowable working pressure and temperature, the hydrostatic or pneumatic test pressure, the maximum steam generating capacity and the intended safety valve settings. (2) Joint design and methods of attachment of all pressure containment components. (3) A bill of material meeting the requirements of Section I of the ASME BVPC, as modified by this subpart. (4) A diagrammatic arrangement drawing of the assembled unit indicating the location of internal and external components including any interconnecting piping. | |||
| 46:46:2.0.1.2.10.1.1.5 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-10 Automatic controls. | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by CGD 81-030, 53 FR 17837, May 18, 1988; CGD 88-057, 55 FR 24236, June 15, 1990] | (a) Each main boiler must meet the special requirements for automatic safety controls in § 62.35-20(a)(1) of this subchapter. (b) Each automatically controlled auxiliary boiler having a heat input rating of less than 12,500,000 Btu/hr. (3.66 megawatts) must meet the requirements of part 63 of this subchapter. (c) Each automatically controlled auxiliary boiler with a heat input rating of 12,500,000 Btu/hr. (3.66 megawatts) or above, must meet the requirements for automatic safety controls in part 62 of this subchapter. | |||
| 46:46:2.0.1.2.10.1.1.6 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-35 Auxiliary, donkey, fired thermal fluid heater, and heating boilers. | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by CGD 81-79, 50 FR 9432, Mar. 8, 1985] | (a) To determine the appropriate part of the regulations where requirements for miscellaneous boiler types, such as donkey, fired thermal fluid heater, heating boiler, etc., may be found, refer to table 1 to § 54.01-5 of this subchapter. (b) Fired vessels in which steam is generated at pressures exceeding 103 kPa gage (15 psig) must meet the requirements of this part. | |||
| 46:46:2.0.1.2.10.1.1.7 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-40 Materials and workmanship. | USCG | All materials to be used in any of the work specified in the various sections of this part must be free from injurious defects and must have a workmanlike finish. The construction work must be executed in a workmanlike manner with proper tools or equipment and must be free from defects which would impair strength or durability. | ||||
| 46:46:2.0.1.2.10.1.1.8 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-50 Fusible plugs (modifies A-19 through A-21). | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by CGD 81-79, 50 FR 9432, Mar. 8, 1985; USCG-1999-4976, 65 FR 6500, Feb. 9, 2000; USCG-2003-16630, 73 FR 65160, Oct. 31, 2008] | (a) Fusible plugs must comply with the requirements of A19 and A20 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1) and be stamped on the casing with the name of the manufacturer, and on the water end of the fusible metal “ASME Std.” Fusible plugs are not permitted where the maximum steam temperature to which they are exposed exceeds 218 °C (425 °F). (b)(1) Fusible plugs must be cleaned and will be examined by the marine inspector at each inspection for certification, periodic inspection, or if the boiler is opened for repair or inspection. If in the marine inspector's opinion, the condition of any plug is satisfactory, it may be continued in use. (2) When fusible plugs are renewed at other than the inspection for certification and no marine inspector is in attendance, the Chief Engineer must report the renewal to the Officer in Charge, Marine Inspection. This report must contain the following information: (i) Name and official number of vessel. (ii) Date of renewal of fusible plugs. (iii) Number and location of fusible plugs renewed in each boiler. (iv) Manufacturer and rating of each plug. (v) Reason for renewal. | |||
| 46:46:2.0.1.2.10.1.1.9 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.01 | Subpart 52.01—General Requirements | § 52.01-55 Maximum allowable working pressure. | USCG | (a) The piping system, machinery, and appurtenances must meet the requirements of this subchapter for the boiler maximum allowable working pressure. Only the Commandant may grant an increase in pressure. (b) When an existing boiler is replaced by a new boiler designed to operate at pressures in excess of the pressure indicated on the certificate of inspection for the previous boiler, an analysis of the complete system must be made, including machinery and piping, to insure its compatibility with the increased steam pressure. The maximum allowable working pressure on the certificate of inspection must be based on the results of this analysis. | ||||
| 46:46:2.0.1.2.10.2.1.1 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.05 | Subpart 52.05—Requirements for Boilers Fabricated by Welding | § 52.05-1 General (modifies PW-1 through PW-54). | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by USCG-2003-16630, 73 FR 65162, Oct. 31, 2008] | Boilers and component parts, including piping, that are fabricated by welding must be as indicated in PW-1 through PW-54 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1) except as noted otherwise in this subpart. | |||
| 46:46:2.0.1.2.10.2.1.2 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.05 | Subpart 52.05—Requirements for Boilers Fabricated by Welding | § 52.05-15 Heat treatment (modifies PW-10). | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by USCG-2003-16630, 73 FR 65162, Oct. 31, 2008] | Vessels and vessel parts must be preheated and postweld heat treated in accordance with PW-38 and PW-39 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1). This includes boiler parts made of pipe material, even though they may be nondestructively examined under § 52.05-20. | |||
| 46:46:2.0.1.2.10.2.1.3 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.05 | Subpart 52.05—Requirements for Boilers Fabricated by Welding | § 52.05-20 Radiographic and ultrasonic examination (modifies PW-11 and PW-41.1). | USCG | [USCG-2003-16630, 73 FR 65162, Oct. 31, 2008] | Radiographic and ultrasonic examination of welded joints must be as described in PW-11 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1). Parts of boilers, fabricated of pipe material such as drums, shells, downcomers, risers, cross pipes, headers, and tubes containing only circumferentially welded butt joints, must be nondestructively examined as required by § 56.95-10 of this subchapter. | |||
| 46:46:2.0.1.2.10.2.1.4 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.05 | Subpart 52.05—Requirements for Boilers Fabricated by Welding | § 52.05-30 Minimum requirements for attachment welds (modifies PW-16). | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by USCG-2003-16630, 73 FR 65161, Oct. 31, 2008] | (a) The location and minimum size of attachment welds for nozzles and other connections must be as required by PW-16 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1) except as noted otherwise in this section. (b) When nozzles or couplings are attached to boilers, as shown in Figure PW-16 (a) and (c) of Section I of the ASME BPVC, and are welded from one side only, backing strips must be used unless it can be determined visually or by nondestructive test methods that complete penetration has been obtained. (c) When attachments as shown in Figure PW-16 (y) and (z) of Section I of the ASME BPVC are employed they must be limited to 2-inch pipe size for pressure exceeding 150 psig. | |||
| 46:46:2.0.1.2.10.2.1.5 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.05 | Subpart 52.05—Requirements for Boilers Fabricated by Welding | § 52.05-45 Circumferential joints in pipes, tubes, and headers (modifies PW-41). | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by CGD 81-79, 50 FR 9434, Mar. 8, 1985; USCG-2003-16630, 73 FR 65161, Oct. 31, 2008] | (a) Circumferential welded joints of pipes, tubes and headers must be as required by PW-41 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1) except as noted otherwise in this section. (b) (Modifies PW-41.1.) Circumferential welded joints in pipes, tubes, and headers of pipe material must be nondestructively examined as required by § 56.95-10 of this subchapter and PW-41 of Section I of the ASME BPVC. (c) (Modifies PW-41.5.) Butt-welded connections must be provided whenever radiography is required by § 56.95-10 of this subchapter for the piping system in which the connection is to be made. When radiography is not required, welded socket or sleeve type joints meeting the requirements of PW-41.5 of Section I of the ASME BPVC may be provided. | |||
| 46:46:2.0.1.2.10.3.1.1 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.15 | Subpart 52.15—Requirements for Watertube Boilers | § 52.15-1 General (modifies PWT-1 through PWT-15). | USCG | [CGD 81-79, 50 FR 9434, Mar. 8, 1985; USCG-2003-16630, 73 FR 65161, Oct. 31, 2008] | Watertube boilers and parts thereof must be as indicated in PWT-1 through PWT-15 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1) except as noted otherwise in this subpart. | |||
| 46:46:2.0.1.2.10.3.1.2 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.15 | Subpart 52.15—Requirements for Watertube Boilers | § 52.15-5 Tube connections (modifies PWT-9 and PWT-11). | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by CGFR 69-127, 35 FR 9976, June 17, 1970; CGD 81-79, 50 FR 9434, Mar. 8, 1985; USCG-2003-16630, 73 FR 65161, Oct. 31, 2008] | (a) Tubes, pipe, and nipples must be attached to sheets, heads, headers, and fittings as indicated in PWT-11 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1) except as noted otherwise in this section. (b) (Replaces PWT-9.2 and PWT-11.3.) Threaded boiler tubes are not permitted as described by PWT-9.2 and PWT-11.3 of Section I of the ASME BPVC. (c) In welded wall construction employing stub and welded wall panels that are field welded, 10 percent of the field welds must be checked using any acceptable nondestructive test method. (d) Nondestructive testing of the butt-welded joints must meet the requirements of § 56.95-10 of this subchapter. | |||
| 46:46:2.0.1.2.10.4.1.1 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.20 | Subpart 52.20—Requirements for Firetube Boilers | § 52.20-1 General (modifies PFT-1 through PFT-49). | USCG | [USCG-2003-16630, 73 FR 65161, Oct. 31, 2008] | Firetube boilers and parts thereof must be as indicated in PFT-1 through PFT-49 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1) except as noted otherwise in this subpart. | |||
| 46:46:2.0.1.2.10.4.1.2 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.20 | Subpart 52.20—Requirements for Firetube Boilers | § 52.20-17 Opening between boiler and safety valve (modifies PFT-44). | USCG | [CGD 81-79, 50 FR 9434, Mar. 8, 1985] | Discharge pipes must be installed in accordance with the requirements of § 52.01-105. | |||
| 46:46:2.0.1.2.10.4.1.3 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.20 | Subpart 52.20—Requirements for Firetube Boilers | § 52.20-25 Setting (modifies PFT-46). | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by USCG-2003-16630, 73 FR 65161, Oct. 31, 2008] | (a) The method of supporting firetube boilers must be as indicated in PFT-46 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1) except as noted otherwise in this section. (b) The foundations must meet the requirements of § 52.01-130. | |||
| 46:46:2.0.1.2.10.5.1.1 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.25 | Subpart 52.25—Other Boiler Types | § 52.25-1 General. | USCG | Requirements for fired boilers of various sizes and uses are referenced in table 1 to § 54.01-5 of this subchapter. | ||||
| 46:46:2.0.1.2.10.5.1.2 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.25 | Subpart 52.25—Other Boiler Types | § 52.25-3 Feedwater heaters (modifies PFH-1). | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by USCG-2003-16630, 73 FR 65161, Oct. 31, 2008] | Feedwater heaters must meet the requirements in PFH-1 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1). | |||
| 46:46:2.0.1.2.10.5.1.3 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.25 | Subpart 52.25—Other Boiler Types | § 52.25-5 Miniature boilers (modifies PMB-1 through PMB-21). | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by USCG-2003-16630, 73 FR 65161, Oct. 31, 2008; USCG-2014-0688, 79 FR 58280, Sept. 29, 2014] | Miniature boilers must meet the requirements in PMB-1 through PMB-21 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1). | |||
| 46:46:2.0.1.2.10.5.1.4 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.25 | Subpart 52.25—Other Boiler Types | § 52.25-7 Electric boilers (modifies PEB-1 through PEB-19). | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by USCG-2003-16630, 73 FR 65161, Oct. 31, 2008] | Electric boilers required to comply with this part must meet the requirements in PEB-1 through PEB-19 except PEB-3 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1). | |||
| 46:46:2.0.1.2.10.5.1.5 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.25 | Subpart 52.25—Other Boiler Types | § 52.25-10 Organic fluid vaporizer generators (modifies PVG-1 through PVG-12). | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by USCG-2003-16630, 73 FR 65161, Oct. 31, 2008] | (a) Organic fluid vaporizers must meet the requirements of PVG-1 through PVG-12 of Section I of the ASME BPVC (incorporated by reference; see § 52.01-1). (b) The Commandant must approve the application and end use of organic fluid vaporizer generators. | |||
| 46:46:2.0.1.2.10.5.1.6 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.25 | Subpart 52.25—Other Boiler Types | § 52.25-15 Fired thermal fluid heaters. | USCG | [CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by CGD 88-057, 55 FR 24236, June 15, 1990] | (a) Fired thermal fluid heaters must be designed, constructed, inspected, tested, and stamped in accordance with the applicable provisions in this part. (b) Each fired thermal fluid heater must be fitted with a control which prevents the heat transfer fluid from being heated above its flash point. (c) The heat transfer fluid must be chemically compatible with any cargo carried in the cargo tanks serviced by the heat transfer system. (d) Each fired thermal fluid heater must be tested and inspected in accordance with the requirements of subpart 61.30 of this subchapter. | |||
| 46:46:2.0.1.2.10.5.1.7 | 46 | Shipping | I | F | 52 | PART 52—POWER BOILERS | 52.25 | Subpart 52.25—Other Boiler Types | § 52.25-20 Exhaust gas boilers. | USCG | [CGD 88-057, 55 FR 24236, June 15, 1990] | Exhaust gas boilers with a maximum allowable working pressure greater than 103 kPa gage (15 psig) or an operating temperature greater than 454 °C (850 °F) must be designed, constructed, inspected, tested, and stamped in accordance with the applicable provisions in this part. The design temperature of parts exposed to the exhaust gas must be the maximum temperature that could normally be produced by the source of the exhaust gas. This temperature must be verified by testing or by the manufacturer of the engine or other equipment producing the exhaust. Automatic exhaust gas boiler control systems must be designed, constructed, tested, and inspected in accordance with § 63.25-7 of this subchapter. |
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