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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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| 14:14:3.0.1.3.31.0.3.1 | 14 | Aeronautics and Space | I | I | 169 | PART 169—EXPENDITURE OF FEDERAL FUNDS FOR NONMILITARY AIRPORTS OR AIR NAVIGATION FACILITIES THEREON | § 169.1 Applicability. | FAA | [Docket 9256, 34 FR 5718, Mar. 27, 1969] | (a) This part prescribes the requirements for issuing a written recommendation and certification that a proposed project is reasonably necessary for use in air commerce or in the interests of national defense. The first two sentences of section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349(a)): (1) Require such a recommendation and certification where Federal funds are to be expended for nonmilitary purposes for airports or air navigation facilities thereon; and (2) provide that any interested person may apply to the Administrator, under regulations prescribed by him, for a recommendation and certification. (b) This part does not apply to projects for the expenditure of Federal funds for military purposes or for airports, or air navigation facilities thereon, operated by the Federal Aviation Administration. | |||||
| 14:14:3.0.1.3.31.0.3.2 | 14 | Aeronautics and Space | I | I | 169 | PART 169—EXPENDITURE OF FEDERAL FUNDS FOR NONMILITARY AIRPORTS OR AIR NAVIGATION FACILITIES THEREON | § 169.3 Application for recommendation and certification. | FAA | [Docket 9256, 34 FR 5718, Mar. 27, 1969, as amended by Amdt. 169-1, 37 FR 21322, Oct. 7, 1972; Amdt. 169-2, 54 FR 39295, Sept. 25, 1989] | (a) Any interested person may apply to the Administrator for a recommendation and certification with respect to a proposed project for the acquisition, establishment, construction, alteration, repair, maintenance, or operation of an airport or an air navigation facility thereon by or in his interests, on which Federal funds are proposed to be expended for nonmilitary purposes. The application shall be filed with the Regional Airports Division or Airports District Office, whichever is appropriate, in whose geographical area the airport is located. The application must state— (1) The name and address of the applicant, the owner of the airport, and the individual responsible for its operation and maintenance, and the interest of the applicant in the matter; (2) The location of the airport, and of any air navigation facilities thereon; (3) A technical description of the project; (4) The information contained in the notice required by § 157.3 of this chapter; and (5) All available pertinent data relating to the necessity of the airport or air navigation facility for use in air commerce including where applicable— (i) The number and type of aircraft that use or would use the airport or facility; (ii) The present and expected level of activity; (iii) Any special use of the airport or facility such as its providing access to places of recreation as national forests or parks or to isolated communities where access by other means is not available or is curtailed by climatic condition; and (iv) In the case of an airport or air navigation facility owned, operated, or maintained by a Federal agency other than the FAA, the relationship of the airport or facility to the performance of that agency's functions. (b) Each of the following has the effect of a recommendation and certification, and a separate application under this part with respect thereto is not required: (1) Approval of a project under section 16 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1701). (2) Inclusion of an airport in the Natio… | |||||
| 14:14:3.0.1.3.31.0.3.3 | 14 | Aeronautics and Space | I | I | 169 | PART 169—EXPENDITURE OF FEDERAL FUNDS FOR NONMILITARY AIRPORTS OR AIR NAVIGATION FACILITIES THEREON | § 169.5 FAA determination. | FAA | [Docket 9256, 34 FR 5718, Mar. 27, 1969, as amended by Amdt. 169-1, 37 FR 21322, Oct. 7, 1972; Amdt. 169-2, 54 FR 39295, Sept. 25, 1989] | (a) The Administrator issues a recommendation and certification if he finds that the airport or facility is reasonably necessary for use in air commerce or in the interests of national defense; that it conforms to all applicable plans and policies for, and allocations of, airspace; and that it otherwise complies with requirements of Federal law properly considered by the Administrator. The Administrator may grant the recommendation and certification subject to conditions that ensure conformity of the airport or facility with these standards. (b) A recommendation and certification under this part, express or implied, does not extend to a modified version of an airport or facility to which it applies, or to an additional area or facility at the same airport. (c) If the application is denied the Administrator notifies the applicant of the grounds for the denial. The Administrator may revoke a recommendation and certification for proper cause. (d) The authority of the Administrator under this part is exercised by Regional Airports Division Managers as to airports or facilities within their respective regions. | |||||
| 21:21:2.0.1.1.43.1.1.1 | 21 | Food and Drugs | I | B | 169 | PART 169—FOOD DRESSINGS AND FLAVORINGS | A | Subpart A—General Provisions | § 169.3 Definitions. | FDA | [42 FR 14481, Mar. 15, 1977, as amended at 47 FR 11834, Mar. 19, 1982; 49 FR 10103, Mar. 19, 1984; 54 FR 24896, June 12, 1989; 63 FR 14035, Mar. 24, 1998] | For the purposes of this part: (a) The term vanilla beans means the properly cured and dried fruit pods of Vanilla planifolia Andrews and of Vanilla tahitensis Moore. (b) The term unit weight of vanilla beans means, in the case of vanilla beans containing not more than 25 percent moisture, 13.35 ounces of such beans; and, in the case of vanilla beans containing more than 25 percent moisture, it means the weight of such beans equivalent in content of moisture-free vanilla-bean solids to 13.35 ounces of vanilla beans containing 25 percent moisture. (For example, one unit weight of vanilla beans containing 33.25 percent moisture amounts to 15 ounces.) The moisture content of vanilla beans is determined by the method prescribed in “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), sections 7.004 and 7.005, which is incorporated by reference, except that the toluene used is blended with 20 percent by volume of benzene and the total distillation time is 4 hours. Copies of the material incorporated by reference may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined 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. To prepare samples for analysis, the pods are chopped into pieces approximately 1/4 -inch in longest dimension, using care to avoid moisture change. (c) The term unit of vanilla constituent means the total sapid and odorous principles extractable from one unit weight of vanilla beans, as defined in paragraph (b) of this section, by an aqueous alcohol solution in which the content of ethyl alcohol by volume amounts to not less than 35 percent. | |||
| 21:21:2.0.1.1.43.2.1.1 | 21 | Food and Drugs | I | B | 169 | PART 169—FOOD DRESSINGS AND FLAVORINGS | B | Subpart B—Requirements for Specific Standardized Food Dressings and Flavorings | § 169.140 Mayonnaise. | FDA | [42 FR 14481, Mar. 15, 1977, as amended at 57 FR 34246, Aug. 4, 1992; 58 FR 2886, Jan. 6, 1993] | (a) Description. Mayonnaise is the emulsified semisolid food prepared from vegetable oil(s), one or both of the acidifying ingredients specified in paragraph (b) of this section, and one or more of the egg yolk-containing ingredients specified in paragraph (c) of this section. One or more of the ingredients specified in paragraph (d) of this section may also be used. The vegetable oil(s) used may contain an optional crystallization inhibitor as specified in paragraph (d)(7) of this section. All the ingredients from which the food is fabricated shall be safe and suitable. Mayonnaise contains not less than 65 percent by weight of vegetable oil. Mayonnaise may be mixed and packed in an atmosphere in which air is replaced in whole or in part by carbon dioxide or nitrogen. (b) Acidifying ingredients. (1) Any vinegar or any vinegar diluted with water to an acidity, calculated as acetic acid, of not less than 2 1/2 percent by weight, or any such vinegar or diluted vinegar mixed with an optional acidifying ingredient as specified in paragraph (d)(6) of this section. For the purpose of this paragraph, any blend of two or more vinegars is considered to be a vinegar. (2) Lemon juice and/or lime juice in any appropriate form, which may be diluted with water to an acidity, calculated as citric acid, of not less than 2 1/2 percent by weight. (c) Egg yolk-containing ingredients. Liquid egg yolks, frozen egg yolks, dried egg yolks, liquid whole eggs, frozen whole eggs, dried whole eggs, or any one or more of the foregoing ingredients listed in this paragraph with liquid egg white or frozen egg white. (d) Other optional ingredients. The following optional ingredients may also be used: (1) Salt. (2) Nutritive carbohydrate sweeteners. (3) Any spice (except saffron or turmeric) or natural flavoring, provided it does not impart to the mayonnaise a color simulating the color imparted by egg yolk. (4) Monosodium glutamate. (5) Sequestrant(s), including but not limited to calcium disodium EDTA (calcium disodium ethy… | |||
| 21:21:2.0.1.1.43.2.1.10 | 21 | Food and Drugs | I | B | 169 | PART 169—FOOD DRESSINGS AND FLAVORINGS | B | Subpart B—Requirements for Specific Standardized Food Dressings and Flavorings | § 169.182 Vanilla-vanillin powder. | FDA | [42 FR 14479, Mar. 15, 1977, as amended at 58 FR 2887, Jan. 6, 1993] | (a) Vanilla-vanillin powder conforms to the definition and standard of identity and is subject to any requirement for label statement of ingredients prescribed for vanilla powder by § 169.179, except that for each unit of vanilla constituent as defined in § 169.3(c) contained therein, the article also contains not more than 1 ounce of added vanillin. (b) The specified name of the food is “Vanilla-vanillin powder __-fold” or “__-fold vanilla-vanillin powder”, followed immediately by the statement “contains vanillin, an artificial flavor (or flavoring)”. If sugar is the optional blending ingredient used, the word “sugar” may replace the word “powder” in the name. The blank in the name is filled in with the whole number (disregarding fractions) expressing the sum of the number of units of vanilla constituent plus the number of ounces of added vanillin per 8 pounds of the article. However, if the strength of the article is less than 2-fold the term “__-fold” is omitted from the name. | |||
| 21:21:2.0.1.1.43.2.1.2 | 21 | Food and Drugs | I | B | 169 | PART 169—FOOD DRESSINGS AND FLAVORINGS | B | Subpart B—Requirements for Specific Standardized Food Dressings and Flavorings | § 169.150 Salad dressing. | FDA | [42 FR 14481, Mar. 15, 1977, as amended at 42 FR 25325, May 17, 1977; 58 FR 2886, Jan. 6, 1993] | (a) Description. Salad dressing is the emulsified semisolid food prepared from vegetable oil(s), one or both of the acidifying ingredients specified in paragraph (b) of this section, one or more of the egg yolk-containing ingredients specified in paragraph (c) of this section, and a starchy paste prepared as specified in paragraph (e) of this section. One or more of the ingredients in paragraph (e) of this section may also be used. The vegetable oil(s) used may contain an optional crystallization inhibitor as specified in paragraph (e)(8) of this section. All the ingredients from which the food is fabricated shall be safe and suitable. Salad dressing contains not less than 30 percent by weight of vegetable oil and not less egg yolk-containing ingredient than is equivalent in egg yolk solids content to 4 percent by weight of liquid egg yolks. Salad dressing may be mixed and packed in an atmosphere in which air is replaced in whole or in part by carbon dioxide or nitrogen. (b) Acidifying ingredients. (1) Any vinegar or any vinegar diluted with water, or any such vinegar or diluted vinegar mixed with an optional acidifying ingredient as specified in paragraph (e)(6) of this section. For the purpose of this paragraph, any blend of two or more vinegars is considered to be a vinegar. (2) Lemon juice and/or lime juice in any appropriate form, which may be diluted with water. (c) Egg yolk-containing ingredients. Liquid egg yolks, frozen egg yolks, dried egg yolks, liquid whole eggs, frozen whole eggs, dried whole eggs, or any one of more of the foregoing ingredients listed in this paragraph with liquid egg white or frozen egg white. (d) Starchy paste. It may be prepared from a food starch, food starch-modified, tapioca flour, wheat flour, rye flour, or any two or more of these. Water may be added in the preparation of the paste. (e) Other optional ingredients. The following optional ingredients may also be used: (1) Salt. (2) Nutritive carbohydrate sweeteners. (3) Any spice (except saffron or turmeric) … | |||
| 21:21:2.0.1.1.43.2.1.3 | 21 | Food and Drugs | I | B | 169 | PART 169—FOOD DRESSINGS AND FLAVORINGS | B | Subpart B—Requirements for Specific Standardized Food Dressings and Flavorings | § 169.175 Vanilla extract. | FDA | [42 FR 14479, Mar. 15, 1977, as amended at 58 FR 2886, Jan. 6, 1993] | (a) Vanilla extract is the solution in aqueous ethyl alcohol of the sapid and odorous principles extractable from vanilla beans. In vanilla extract the content of ethyl alcohol is not less than 35 percent by volume and the content of vanilla constituent, as defined in § 169.3(c), is not less than one unit per gallon. The vanilla constituent may be extracted directly from vanilla beans or it may be added in the form of concentrated vanilla extract or concentrated vanilla flavoring or vanilla flavoring concentrated to the semisolid form called vanilla oleo-resin. Vanilla extract may contain one or more of the following optional ingredients: (1) Glycerin. (2) Propylene glycol. (3) Sugar (including invert sugar). (4) Dextrose. (5) Corn sirup (including dried corn sirup). (b)(1) The specified name of the food is “Vanilla extract” or “Extract of vanilla”. (2) When the vanilla extract is made in whole or in part by dilution of vanilla oleoresin, concentrated vanilla extract, or concentrated vanilla flavoring, the label shall bear the statement “Made from ______” or “Made in part from ______”, the blank being filled in with the name or names “vanilla oleoresin”, “concentrated vanilla extract”, or “concentrated vanilla flavoring”, as appropriate. If the article contains two or more units of vanilla constituent, the name of the food shall include the designation “__-fold”, the blank being filled in with the whole number (disregarding fractions) expressing the number of units of vanilla constituent per gallon of the article. (3) Wherever the name of the food appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the labeling required by paragraph (b)(2) of this section shall immediately and conspicuously precede or follow such name, without intervening written, printed, or graphic matter. (c) Label declaration. Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter. | |||
| 21:21:2.0.1.1.43.2.1.4 | 21 | Food and Drugs | I | B | 169 | PART 169—FOOD DRESSINGS AND FLAVORINGS | B | Subpart B—Requirements for Specific Standardized Food Dressings and Flavorings | § 169.176 Concentrated vanilla extract. | FDA | [42 FR 14479, Mar. 15, 1977, as amended at 58 FR 2886, Jan. 6, 1993] | (a) Concentrated vanilla extract conforms to the definition and standard of identity and is subject to any requirement for label statement of ingredients prescribed for vanilla extract by § 169.175, except that it is concentrated to remove part of the solvent, and each gallon contains two or more units of vanilla constituent as defined in § 169.3(c). The content of ethyl alcohol is not less than 35 percent by volume. (b) The specified name of the food is “Concentrated vanilla extract __-fold” or “__-fold concentrated vanilla extract”, the blank being filled in with the whole number (disregarding fractions) expressing the number of units of vanilla constituent per gallon of the article. (For example, “Concentrated vanilla extract 2-fold”.) | |||
| 21:21:2.0.1.1.43.2.1.5 | 21 | Food and Drugs | I | B | 169 | PART 169—FOOD DRESSINGS AND FLAVORINGS | B | Subpart B—Requirements for Specific Standardized Food Dressings and Flavorings | § 169.177 Vanilla flavoring. | FDA | [42 FR 14479, Mar. 15, 1977, as amended at 58 FR 2886, Jan. 6, 1993] | (a) Vanilla flavoring conforms to the definition and standard of identity and is subject to any requirement for label statement of ingredients prescribed for vanilla extract by § 169.175, except that its content of ethyl alcohol is less than 35 percent by volume. (b) The specified name of the food is “Vanilla flavoring”. | |||
| 21:21:2.0.1.1.43.2.1.6 | 21 | Food and Drugs | I | B | 169 | PART 169—FOOD DRESSINGS AND FLAVORINGS | B | Subpart B—Requirements for Specific Standardized Food Dressings and Flavorings | § 169.178 Concentrated vanilla flavoring. | FDA | [42 FR 14479, Mar. 15, 1977, as amended at 58 FR 2886, Jan. 6, 1993] | (a) Concentrated vanilla flavoring conforms to the definition and standard of identity and is subject to any requirement for label statement of ingredients prescribed for vanilla flavoring by § 169.177, except that it is concentrated to remove part of the solvent, and each gallon contains two or more units of vanilla constituent as defined in § 169.3(c). (b) The specified name of the food is “Concentrated vanilla flavoring __-fold” or “__-fold concentrated vanilla flavoring”, the blank being filled in with the whole number (disregarding fractions) expressing the number of units of vanilla constituent per gallon of the article. (For example, “Concentrated vanilla flavoring 3-fold”.) | |||
| 21:21:2.0.1.1.43.2.1.7 | 21 | Food and Drugs | I | B | 169 | PART 169—FOOD DRESSINGS AND FLAVORINGS | B | Subpart B—Requirements for Specific Standardized Food Dressings and Flavorings | § 169.179 Vanilla powder. | FDA | [42 FR 14479, Mar. 15, 1977, as amended at 58 FR 2887, Jan. 6, 1993] | (a) Vanilla powder is a mixture of ground vanilla beans or vanilla oleoresin or both, with one or more of the following optional blending ingredients: (1) Sugar. (2) Dextrose. (3) Lactose. (4) Food starch (including food starch-modified as prescribed in § 172.892 of this chapter). (5) Dried corn sirup. (6) Gum acacia. Vanilla powder may contain one or any mixture of two or more of the anticaking ingredients specified in paragraph (b) of this section, but the total weight of any such ingredient or mixture is not more than 2 percent of the weight of the finished vanilla powder. Vanilla powder contains in each 8 pounds not less than one unit of vanilla constituent, as defined in § 169.3(c). (b) The anticaking ingredients referred to in paragraph (a) of this section are: (1) Aluminum calcium silicate. (2) Calcium silicate. (3) Calcium stearate. (4) Magnesium silicate. (5) Tricalcium phosphate. (c)(1) The specified name of the food is “Vanilla powder __-fold” or “__-fold vanilla powder”, except that if sugar is the optional blending ingredient used, the word “sugar” may replace the word “powder”. The blank in the name is filled in with the whole number (disregarding fractions) expressing the number of units of vanilla constituent per 8 pounds of the article. However, if the strength of the article is less than 2-fold, the term “__-fold” is omitted from the name. (2) The label of vanilla powder shall bear the common names of any of the optional ingredients specified in paragraphs (a) and (b) of this section that are used, except that where the alternative name “Vanilla sugar” is used for designating the food it is not required that sugar be named as an optional ingredient. (3) Wherever the name of the food appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the labeling required by paragraph (c)(2) of this section shall immediately and conspicuously precede or follow such name, without intervening written, printed, or graphic matter. (d) Label declaration… | |||
| 21:21:2.0.1.1.43.2.1.8 | 21 | Food and Drugs | I | B | 169 | PART 169—FOOD DRESSINGS AND FLAVORINGS | B | Subpart B—Requirements for Specific Standardized Food Dressings and Flavorings | § 169.180 Vanilla-vanillin extract. | FDA | [42 FR 14479, Mar. 15, 1977, as amended at 58 FR 2887, Jan. 6, 1993] | (a) Vanilla-vanillin extract conforms to the definition and standard of identity and is subject to any requirement for label statement of ingredients prescribed for vanilla extract by § 169.175, except that for each unit of vanilla constituent, as defined in § 169.3(c), contained therein, the article also contains not more than 1 ounce of added vanillin. (b) The specified name of the food is “Vanilla-vanillin extract __-fold” or “__-fold vanilla-vanillin extract”, followed immediately by the statement “contains vanillin, an artificial flavor (or flavoring)”. The blank in the name is filled in with the whole number (disregarding fractions) expressing the sum of the number of units of vanilla constituent plus the number of ounces of added vanillin per gallon of the article. However, if the strength of the article is less than 2-fold, the term “__-fold” is omitted from the name. | |||
| 21:21:2.0.1.1.43.2.1.9 | 21 | Food and Drugs | I | B | 169 | PART 169—FOOD DRESSINGS AND FLAVORINGS | B | Subpart B—Requirements for Specific Standardized Food Dressings and Flavorings | § 169.181 Vanilla-vanillin flavoring. | FDA | [42 FR 14479, Mar. 15, 1977, as amended at 58 FR 2887, Jan. 6, 1993] | (a) Vanilla-vanillin flavoring conforms to the definition and standard of identity and is subject to any requirement for label statement of ingredients prescribed for vanilla-vanillin extract by § 169.180, except that its content of ethyl alcohol is less than 35 percent by volume. (b) The specified name of the food is “Vanilla-vanillin flavoring __-fold” or “__-fold vanilla-vanillin flavoring”, followed immediately by the statement “contains vanillin, an artificial flavor (or flavoring)”. The blank in the name is filled in with the whole number (disregarding fractions) expressing the sum of the number of units of vanilla constituent plus the number of ounces of added vanillin per gallon of the article. However, if the strength of the article is less than 2-fold, the term “__-fold” is omitted from the name. | |||
| 33:33:2.0.1.6.36.1.228.1 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | A | Subpart A—General | § 169.1 What is the purpose of this part? | USCG | [USCG-1999-5525, 64 FR 29234, June 1, 1999, as amended by USCG-2005-22612, 73 FR 23318, Apr. 29, 2008; USCG-2009-0416, 74 FR 27442, June 10, 2009] | This subpart prescribes the requirements for mandatory ship reporting systems. Ship reporting systems are used to provide, gather, or exchange information through radio reports. The information is used to provide data for many purposes including, but not limited to: navigation safety, maritime security and domain awareness, environmental protection, vessel traffic services, search and rescue, weather forecasting and prevention of marine pollution. For ship reporting system requirements not established by the Coast Guard, see 50 CFR part 404. | |||
| 33:33:2.0.1.6.36.1.228.2 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | A | Subpart A—General | § 169.5 How are terms used in this part defined? | USCG | [USCG-1999-5525, 66 FR 58070, Nov. 20, 2001, as amended by USCG-2005-22612, 73 FR 23318, Apr. 29, 2008] | As used in this part— Administration means the Government of the State whose flag the ship is entitled to fly. Cargo ship means any ship which is not a passenger ship. Flag Administration means the Government of a State whose flag the ship is entitled to fly. Gross tonnage means tonnage as defined under the International Convention on Tonnage Measurement of Ships, 1969 (Incorporated by reference, see § 169.15). Gross tons means vessel tonnage measured in accordance with the method utilized by the flag state administration of that vessel. High speed craft means a craft that is operable on or above the water and is capable of a maximum speed equal to or exceeding V = 3.7 × displ .1667 , where “V” is the maximum speed and “displ” is the vessel displacement corresponding to the design waterline in cubic meters. High speed passenger craft means a high speed craft carrying more than 12 passengers. International voyage means a voyage from a country to which the present International Convention for the Safety of Life at Sea (SOLAS), 1974 applies to a port outside such country, or conversely. For U.S. ships, such voyages will be considered to originate at a port in the United States, regardless of when the voyage actually began. Such voyages for U.S. ships will continue until the ship returns to the United States from its last foreign port. Long range identification and tracking (LRIT) information or position report means a report containing the following information: (1) The identity of the ship; (2) The position of the ship (latitude and longitude); and (3) The date and time of the position provided. LRIT Data Center means a center established by a SOLAS Contracting Government or a group of Contracting Governments, or in the case of the International Data Center, by IMO, to request, receive, process, and archive LRIT information. An LRIT Data Center may be National, Regional, Co-operative or International. Mandatory ship reporting system means a ship reporting system that requires the partic… | |||
| 33:33:2.0.1.6.36.1.228.3 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | A | Subpart A—General | § 169.10 What geographic coordinates are used? | USCG | Geographic coordinates expressed in terms of latitude or longitude, or both, are not intended for plotting on maps or charts where the referenced horizontal datum is the North American Datum of 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the NAD 83 reference may be plotted on maps or charts referenced to NAD 83 only after application of the appropriate corrections that are published on the particular map or chart being used. | ||||
| 33:33:2.0.1.6.36.1.228.4 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | A | Subpart A—General | § 169.15 Incorporation by reference: Where can I get a copy of the publications mentioned in this part? | USCG | [USCG-2005-22612, 73 FR 23319, Apr. 29, 2008, as amended by USCG-2010-0351, 75 FR 36287, June 25, 2010; USCG-2011-0257, 76 FR 31838, June 2, 2011; USCG-2014-0410, 79 FR 38448, July 7, 2014] | (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the 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. Also, it is available for inspection at Coast Guard Headquarters. Contact Commandant (CG-NAV), Attn: Office of Navigation Systems, 2703 Martin Luther King Jr. Avenue SE., Stop 7418, Washington, DC 20593-7418, and is available from the sources indicated in this section. (b) International Electrotechnical Commission (IEC) Bureau Central de la Commission Electrotechnique Internationale , 3 rue de Varembé, P.O. Box 131, 1211 Geneva 20, Switzerland. (1) IEC 60945, Fourth edition 2002-08, Maritime navigation and radiocommunication equipment and systems—General requirements—Methods of testing and required test results, incorporation by reference approved for § 169.215. (2) [Reserved] (c) International Maritime Organization (IMO) , 4 Albert Embankment, London SE1 7SR, U.K. (1) IMO Resolution MSC.202(81), adopted on May 19, 2006, Adoption of Amendments to the International Convention for the Safety of Life at Sea, 1974, as Amended, incorporation by reference approved for § 169.240. (2) IMO Resolution MSC.210(81), adopted on May 19, 2006, Performance Standards and Functional Requirements for the Long-Range Identification and Tracking of Ships, incorporation by reference approved for §§ 169.215 and 169.240. (3) IMO Resolution MSC.254(83), adopted on October 12, 2007, Adoption of Amendments to the Performance Standards and Functional Requirements for the Long-Range Identification and Tr… | |||
| 33:33:2.0.1.6.36.2.228.1 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | B | Subpart B—Establishment of Two Mandatory Ship Reporting Systems for the Protection of Northern Right Whales | § 169.100 What mandatory ship reporting systems are established by this subpart? | USCG | [USCG-1999-5525, 64 FR 29234, June 1, 1999, as amended by 66 FR 58070, Nov. 20, 2001] | This subpart prescribes requirements for the establishment and maintenance of two mandatory ship reporting systems for the protection of the endangered northern right whale (also known as the North Atlantic right whale). These two systems are designated for certain areas of the East Coast of the United States. One system is located in the northeast and is identified as WHALESNORTH. The other system is located in the southeast and is identified as WHALESSOUTH. 50 CFR 224.103(c) contains requirements and procedures concerning northern right whale approach limitations and avoidance procedures. | |||
| 33:33:2.0.1.6.36.2.228.10 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | B | Subpart B—Establishment of Two Mandatory Ship Reporting Systems for the Protection of Northern Right Whales | § 169.140 What information must be included in the report? | USCG | [USCG-1999-5525, 66 FR 58070, Nov. 20, 2001] | Each ship report made to the shore-based authority must follow the standard reporting and format requirements listed in this section in table 169.140. Current email addresses and telex numbers are published annually in the US Coast Pilot. Table 169.140—Requirements for Ship Reports | |||
| 33:33:2.0.1.6.36.2.228.2 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | B | Subpart B—Establishment of Two Mandatory Ship Reporting Systems for the Protection of Northern Right Whales | § 169.102 Who is the shore-based authority? | USCG | The U.S. Coast Guard is the shore-based authority for these mandatory ship reporting systems. | ||||
| 33:33:2.0.1.6.36.2.228.3 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | B | Subpart B—Establishment of Two Mandatory Ship Reporting Systems for the Protection of Northern Right Whales | § 169.105 Where is the northeastern reporting system located? | USCG | Geographical boundaries of the northeastern area include the waters of Cape Cod Bay, Massachusetts Bay, and the Great South Channel east and southeast of Massachusetts. The coordinates (NAD 83) of the area are as follows: from a point on Cape Ann, Massachusetts at 42°39′ N, 70°37′ W; then northeast to 42°45′ N, 70°13′ W; then southeast to 42°10′ N, 68°31′ W; then south to 41°00′ N, 68°31′ W; then west to 41°00′ N, 69°17′ W; then northeast to 42°05′ N, 70°02′ W, then west to 42°04′ N, 70°10′ W; and then along the Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay back to the point on Cape Anne at 42°39′ N, 70°37′ W. | ||||
| 33:33:2.0.1.6.36.2.228.4 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | B | Subpart B—Establishment of Two Mandatory Ship Reporting Systems for the Protection of Northern Right Whales | § 169.110 When is the northeastern reporting system in effect? | USCG | The mandatory ship reporting system in the northeastern United States operates year-round. | ||||
| 33:33:2.0.1.6.36.2.228.5 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | B | Subpart B—Establishment of Two Mandatory Ship Reporting Systems for the Protection of Northern Right Whales | § 169.115 Where is the southeastern reporting system located? | USCG | Geographical boundaries of the southeastern area include coastal waters within about 25 nautical miles (45 kilometer) along a 90-nautical mile (170-kilometer) stretch of the Atlantic seaboard in Florida and Georgia. The area coordinates (NAD 83) extends from the shoreline east to longitude 80°51.6′ W with the southern and northern boundaries at latitude 30°00′ N and 31°27′ N, respectively. | ||||
| 33:33:2.0.1.6.36.2.228.6 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | B | Subpart B—Establishment of Two Mandatory Ship Reporting Systems for the Protection of Northern Right Whales | § 169.120 When is the southeastern reporting system in effect? | USCG | [USCG-1999-5525, 66 FR 58070, Nov. 20, 2001] | The mandatory ship reporting system in the southeastern United States operates during the period beginning on November 15 each year through April 16 of the following year. | |||
| 33:33:2.0.1.6.36.2.228.7 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | B | Subpart B—Establishment of Two Mandatory Ship Reporting Systems for the Protection of Northern Right Whales | § 169.125 What classes of ships are required to make reports? | USCG | [USCG-1999-5525, 66 FR 58070, Nov. 20, 2001] | Each self-propelled ship of 300 gross tons or greater must participate in the reporting systems, except government ships exempted from reporting by regulation V/8-1(c) of SOLAS. However, exempt ships are encouraged to participate in the reporting systems. | |||
| 33:33:2.0.1.6.36.2.228.8 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | B | Subpart B—Establishment of Two Mandatory Ship Reporting Systems for the Protection of Northern Right Whales | § 169.130 When are ships required to make reports? | USCG | Participating ships must report to the shore-based authority upon entering the area covered by a reporting system. Additional reports are not necessary for movements made within a system or for ships exiting a system. | ||||
| 33:33:2.0.1.6.36.2.228.9 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | B | Subpart B—Establishment of Two Mandatory Ship Reporting Systems for the Protection of Northern Right Whales | § 169.135 How must the reports be made? | USCG | [USCG-1999-5525, 64 FR 29234, June 1, 1999, as amended by 66 FR 58070, Nov. 20, 2001; USCG-2020-0304, 85 FR 58281, Sept. 18, 2020] | (a) A ship equipped with INMARSAT C must report in IMO standard format as provided in § 169.140 in table 169.140. (b) A ship not equipped with INMARSAT C must report to the Coast Guard using other means, listed below in order of precedence— (1) By email to rightwhale.msr@noaa.gov; (2) HF voice communication; or (3) VHF voice communications. (c) HF reports made directly to the Coast Guard's Communications Command (COMMCOM) in Chesapeake, VA, or VHF reports made to Coast Guard shore units, should only be made by ships not equipped with INMARSAT C. Ships in this category must provide all the required information to the Coast Guard watchstander. | |||
| 33:33:2.0.1.6.36.3.228.1 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | C | Subpart C—Transmission of Long Range Identification and Tracking Information | § 169.200 What is the purpose of this subpart? | USCG | This subpart implements Regulation 19-1 of SOLAS Chapter V (SOLAS V/19-1) and requires certain ships engaged on an international voyage to transmit vessel identification and position information electronically. This requirement enables the Coast Guard to obtain long range identification and tracking (LRIT) information and thus heightens our overall maritime domain awareness, enhances our search and rescue operations, and increases our ability to detect anomalies and deter transportation security incidents. | ||||
| 33:33:2.0.1.6.36.3.228.10 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | C | Subpart C—Transmission of Long Range Identification and Tracking Information | § 169.245 What must a ship master do if LRIT equipment is switched off or fails to operate? | USCG | (a) If a ship's LRIT equipment is switched off or fails to operate, the ship's master must inform his or her Flag Administration without undue delay. (b) The master must also make an entry in the ship's logbook that states— (1) His or her reason for switching the LRIT equipment off, or an entry that the equipment has failed to operate, and (2) The period during which the LRIT equipment was switched off or non-operational. For U.S. vessels, the U.S. Coast Guard serves as the Flag Administration for purposes of this section. All LRIT notifications for the U.S. Flag Administration, in addition to requests or questions about LRIT, should be communicated to the U.S. Coast Guard by e-mail addressed to LRIT@uscg.mil. | ||||
| 33:33:2.0.1.6.36.3.228.2 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | C | Subpart C—Transmission of Long Range Identification and Tracking Information | § 169.205 What types of ships are required to transmit LRIT information (position reports)? | USCG | The following ships, while engaged on an international voyage, are required to transmit position reports: (a) A passenger ship, including high speed passenger craft. (b) A cargo ship, including high speed craft, of 300 gross tonnage or more. (c) A mobile offshore drilling unit while underway and not engaged in drilling operations. | ||||
| 33:33:2.0.1.6.36.3.228.3 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | C | Subpart C—Transmission of Long Range Identification and Tracking Information | § 169.210 Where during its international voyage must a ship transmit position reports? | USCG | The requirements for the transmission of position reports, imposed by the United States, vary depending on the relationship of the United States to a ship identified in § 169.205. (a) Flag State relationship. A U.S. flag ship engaged on an international voyage must transmit position reports wherever they are located. (b) Port State relationship. A foreign flag ship engaged on an international voyage must transmit position reports after the ship has announced its intention to enter a U.S. port or place under requirements in 33 CFR part 160, subpart C. (c) Coastal State relationship. A foreign flag ship engaged on an international voyage must transmit position reports when the ship is within 1,000 nautical miles of the baseline of the United States, unless their Flag Administration, under authority of SOLAS V/19-1.9.1, has directed them not to do so. | ||||
| 33:33:2.0.1.6.36.3.228.4 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | C | Subpart C—Transmission of Long Range Identification and Tracking Information | § 169.215 How must a ship transmit position reports? | USCG | A ship must transmit position reports using Long Range Identification and Tracking (LRIT) equipment that has been type-approved by their Administration. To be type-approved by the Coast Guard, LRIT equipment must meet the requirements of IMO Resolutions A.694(17), MSC.210(81), and MSC.254(83), and IEC standard IEC 60945 (Incorporated by reference, see § 169.15). | ||||
| 33:33:2.0.1.6.36.3.228.5 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | C | Subpart C—Transmission of Long Range Identification and Tracking Information | § 169.220 When must a ship be fitted with LRIT equipment? | USCG | A ship identified in § 169.205 must be equipped with LRIT equipment— (a) Before getting underway, if the ship is constructed on or after December 31, 2008. (b) By the first survey of the radio installation after December 31, 2008, if the ship is— (1) Constructed before December 31, 2008, and (2) Operates within— (i) One hundred (100) nautical miles of the United States baseline, or (ii) Range of an Inmarsat geostationary satellite, or other Application Service Provider recognized by the Administration, with which continuous alerting is available. (c) By the first survey of the radio installation after July 1, 2009, if the ship is— (1) Constructed before December 31, 2008, and (2) Operates within the area or range specified in paragraph (b)(2) of this section as well as outside the range of an Inmarsat geostationary satellite with which continuous alerting is available. While operating in the area or range specified in paragraph (b)(2) of this section, however, a ship must install LRIT equipment by the first survey of the radio installation after December 31, 2008. | ||||
| 33:33:2.0.1.6.36.3.228.6 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | C | Subpart C—Transmission of Long Range Identification and Tracking Information | § 169.225 Which Application Service Providers may a ship use? | USCG | A ship may use an Application Service Provider (ASP) recognized by its Administration. Some Communication Service Providers may also serve as an ASP. | ||||
| 33:33:2.0.1.6.36.3.228.7 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | C | Subpart C—Transmission of Long Range Identification and Tracking Information | § 169.230 How often must a ship transmit position reports? | USCG | A ship's LRIT equipment must transmit position reports at 6-hour intervals unless a more frequent interval is requested remotely by an LRIT Data Center. | ||||
| 33:33:2.0.1.6.36.3.228.8 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | C | Subpart C—Transmission of Long Range Identification and Tracking Information | § 169.235 What exemptions are there from reporting? | USCG | A ship is exempt from this subpart if it is— (a) Fitted with an operating automatic identification system (AIS), under 33 CFR 164.46, and operates only within 20 nautical miles of the United States baseline, (b) A warship, naval auxiliaries or other ship owned or operated by a SOLAS Contracting Government and used only on Government non-commercial service, or (c) A ship solely navigating the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of the St. Lambert Lock at Montreal in the Province of Quebec, Canada. | ||||
| 33:33:2.0.1.6.36.3.228.9 | 33 | Navigation and Navigable Waters | I | P | 169 | PART 169—SHIP REPORTING SYSTEMS | C | Subpart C—Transmission of Long Range Identification and Tracking Information | § 169.240 When may LRIT equipment be switched off? | USCG | A ship engaged on an international voyage may switch off its LRIT equipment only when it is permitted by its Flag Administration, in circumstances detailed in SOLAS V/19-1.7, or in paragraph 4.4.1, of resolution MSC.210(81), as amended by resolution MSC.254(83) (Incorporated by reference, see § 169.15). | ||||
| 40:40:26.0.1.1.18.0.19.1 | 40 | Protection of Environment | I | E | 169 | PART 169—BOOKS AND RECORDS OF PESTICIDE PRODUCTION AND DISTRIBUTION | § 169.1 Definitions. | EPA | Terms used in this part shall have the meanings set forth for such terms in the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. In addition, as used in this part, the following terms shall have the meanings set forth below: (a) Amount of pesticide or active ingredient. The term “amount of pesticide or active ingredient” means the weight or volume of the pesticide or active ingredient used in producing a pesticide expressed as weight for solid or semi-solid products and as weight or volume of liquid products. (b) Batch. The term “batch” means a quantity of a pesticide product or active ingredient used in producing a pesticide made in one operation or lot or if made in a continuous or semi-continuous process or cycle, the quantity produced during an interval of time to be specified by the producer. (c) Device. The term “device” means any device or class of device as defined by the Act and determined by the Administrator to be subject to the provisions of the Act. (d) Inability. The term “inability” means the incapacity of any person to maintain, furnish or permit access to any records under this Act and regulations, where such incapacity arises out of causes beyond the control and without the fault or negligence of such person. Such causes may include, but are not restricted to acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather, but in every case, the failure must be beyond the control and without the fault or negligence of said person. (e) Producer. The term “producer” means the person, as defined by the Act, who produces or imports any pesticide or device or active ingredient used in producing a pesticide. | ||||||
| 40:40:26.0.1.1.18.0.19.2 | 40 | Protection of Environment | I | E | 169 | PART 169—BOOKS AND RECORDS OF PESTICIDE PRODUCTION AND DISTRIBUTION | § 169.2 Maintenance of records. | EPA | [45 FR 54338, Aug. 15, 1980, as amended at 58 FR 9090, Feb. 18, 1993] | All producers of pesticides, devices, or active ingredients used in producing pesticides subject to this Act, including pesticides produced pursuant to an experimental use permit and pesticides, devices, and pesticide active ingredients produced for export, shall maintain the following records: (a) Records showing the product name, EPA Registration Number, Experimental Permit Number if the pesticide is produced under an Experimental Use Permit, amounts per batch and batch identification (numbers, letters, etc.) of all pesticides produced. In cases where the product is an active ingredient used in producing a pesticide or where the product is a pesticide which is not registered, is not the subject of an application for registration, or is not produced under an Experimental Use Permit, the records shall also show the complete formula. The batch identification shall appear on all production control records. These records shall be retained for a period of two (2) years. (b) Records showing the brand names and quantities of devices produced. These records shall be retained for a period of two (2) years. (c) Records showing the following information regarding the receipt, by the producer, of all pesticides, devices, and active ingredients used in producing pesticides: (1) Brand name of the pesticide or device, or common or chemical name of the pesticide active ingredient; (2) Name and address of shipper; (3) Name of delivering carrier; (4) Date received; and (5) Quantities received. These records are not intended to cover receipt of pesticides used for in-plant maintenance, extermination, or sanitation programs, etc. Shipping and receiving documents such as invoices, freight bills, receiving tickets, etc., which provide the required information will be considered satisfactory for the purposes of this section. These records shall be retained for a period of two (2) years. (d) Records showing the following information regarding the shipment of all pesticides, devices, and active ingredients used in producing pe… | |||||
| 40:40:26.0.1.1.18.0.19.3 | 40 | Protection of Environment | I | E | 169 | PART 169—BOOKS AND RECORDS OF PESTICIDE PRODUCTION AND DISTRIBUTION | § 169.3 Inspection. | EPA | (a) Producers. Any producer of any pesticide, device, or active ingredient used in producing a pesticide which is subject to this Act shall, upon request of any officer or employee of the Agency or of any State or political subdivision, duly designated by the Administrator, furnish or permit such person at all reasonable times to have access to and to copy all records required to be maintained by this part, including records in the possession of an independent testing facility or laboratory which performed tests on behalf of the producer. Such inspection will be conducted in accordance with procedures detailed in section 8(b) of the Act. (b) Distributors, carriers, dealers, etc. Any distributor, carrier, dealer, or any other person who sells or offers for sale, delivers or offers for delivery any pesticide, device, or active ingredient used in producing a pesticide which is subject to this Act, shall, upon request of any officer or employee of the Agency or of any State or political subdivision, duly designated by the Administrator, furnish or permit such person at all reasonable times to have access to and copy all records showing the delivery or holding of such pesticide, device, or active ingredient used in producing a pesticide, including the quantity, the date of shipment and receipt, and the name and address of the consignor and consignee, and any guarantee received pursuant to section 12(b)(1) of the Act. (c) Confidentiality. Any record which is subject to the regulations under this part, and which may be confidential, shall be treated in accordance with the provisions of section 10 of the Act. The availability to the public of information provided to, or otherwise obtained by, the Administrator under this part shall be governed by part 2 of this chapter. (d) Inability. (1) In the event of the inability of any person to produce records containing the information required to be maintained, furnished for inspection, or given access to, all other records and information regarding the same shall be pr… | ||||||
| 46:46:7.0.1.1.4.1.30.1 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.100 | Subpart 169.100—General Provisions | § 169.101 Purpose; preemptive effect. | USCG | [CGD 83-005, 51 FR 896, Jan. 9, 1986, as amended by USCG-2006-24797, 77 FR 33889, June 7, 2012; USCG-2024-1103, 90 FR 52881, Nov. 24, 2025] | The regulations in this part set forth uniform requirements which are suited to the particular characteristics and specialized operations of sailing school vessels as defined in Title 46, United States Code section 2101. The regulations in this part have preemptive effect over State or local regulations in the same field. | |||
| 46:46:7.0.1.1.4.1.30.10 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.100 | Subpart 169.100—General Provisions | § 169.119 Vessel status. | USCG | For the purpose of 46 U.S.C. 11101, 46 App. U.S.C. 291 and 46 App. U.S.C. 883 a sailing school vessel is not deemed a merchant vessel or a vessel engaged in trade or commerce. | ||||
| 46:46:7.0.1.1.4.1.30.11 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.100 | Subpart 169.100—General Provisions | § 169.121 Loadlines. | USCG | Sailing school vessels must meet the applicable loadline regulations contained in Subchapter E (Load Lines) of this chapter. | ||||
| 46:46:7.0.1.1.4.1.30.2 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.100 | Subpart 169.100—General Provisions | § 169.103 Applicability. | USCG | [CGD 83-005, 51 FR 896, Jan. 9, 1986, as amended by USCG-1999-5040, 67 FR 34799, May 15, 2002] | (a) This subchapter applies to each domestic vessel operating as a sailing school vessel. (b) This subchapter does not apply to— (1) Any vessel operating exclusively on inland waters, which are not navigable waters of the United States; (2) Any vessel while laid up, dismantled, and out of service; (3) Any vessel with title vested in the United States and which is used for public purposes except vessels of the U.S. Maritime Administration; (4) Any vessel carrying one or more passengers; (5) Any vessel operating under the authority of a current valid certificate of inspection issued per the requirements of 46 CFR chapter I, subchapter H or T, 46 CFR parts 70 through 78 and parts 175 through 187, respectively; or (6) Any foreign vessel. (c) A vessel which engages in trade or commerce or carries one or more passengers, cannot operate under a certificate of inspection as a sailing school vessel, but must meet the rules and regulations governing the service in which it is engaged. | |||
| 46:46:7.0.1.1.4.1.30.3 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.100 | Subpart 169.100—General Provisions | § 169.107 Definitions. | USCG | [CGD 83-005, 51 FR 897, Jan. 9, 1986; 51 FR 3785, Jan. 30, 1986, as amended by USCG-1999-4976, 65 FR 6507, Feb. 9, 2000; USCG-1999-5040, 67 FR 34799, May 15, 2002; USCG-2006-24371, 74 FR 11266, Mar. 16, 2009; USCG-2012-0832, 77 FR 59788, Oct. 1, 2012; USCG-2013-0671, 78 FR 60163, Sept. 30, 2013] | Anniversary date means the day and the month of each year, which corresponds to the date of expiration of the Certificate of Inspection. Approved means accepted by the Commandant unless otherwise stated. Coast Guard District Commander means an officer of the Coast Guard designated by the Commandant to command all Coast Guard activities within a district. Commandant means the Commandant of the Coast Guard or an authorized representative of the Commandant. Demise charter means a legally binding document for a term of one year or more under which for the period of the charter, the party who leases or charters the vessel, known as the demise or bareboat charterer, assumes legal responsibility for all of the incidents of ownership, including insuring, manning, supplying, repairing, fueling, maintaining and operating the vessel. The term demise or bareboat charterer is synonymous with “owner pro hac vice”. Existing vessel means a sailing school vessel, whose keel was laid prior to (January 9, 1986), which applies for certification as a sailing school vessel prior to (January 9, 1987), and whose initial inspection for certification is completed prior to (January 9, 1988). Exposed Waters means waters more than 37 kilometers (20 nautical miles) from the mouth of a harbor of safe refuge, or other waters the Officer in Charge, Marine Inspection determines to present special hazards due to weather or other circumstances. Headquarters means the Commandant (CG-ENG), Attn: Office of Design and Engineering Systems, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. Instructor means any person who is aboard a sailing school vessel for the purpose of providing sailing instruction and is not an officer, operator, or member of the crew required by regulation to be aboard the vessel, and has not paid any consideration, either directly or indirectly for his or her carriage on the vessel. Length means the mean length. It is the mean or average between length on deck (LOD) a… | |||
| 46:46:7.0.1.1.4.1.30.4 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.100 | Subpart 169.100—General Provisions | § 169.109 Equivalents. | USCG | Substitutes for a fitting, appliance, apparatus, or equipment, may be accepted by the Commandant if the substituted item is as effective and consistent with the requirements and minimum safety standards specified in this subchapter. | ||||
| 46:46:7.0.1.1.4.1.30.5 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.100 | Subpart 169.100—General Provisions | § 169.111 Administrative procedures. | USCG | (a) Upon receipt of a written application for inspection, the Officer in Charge, Marine Inspection assigns a marine inspector to inspect the vessel at a mutually agreed upon time and place. (b) The owner or a representative shall be present during the inspection. (c) If during the inspection, the vessel or its equipment is found not to conform to the requirements of law or the regulations in this subchapter, the marine inspector lists all requirements which have not been met and presents the list to the owner or a representative. (d) In any case where the owner of a vessel or his representative desires further clarification of, or reconsideration of any requirement placed against his vessel, he may discuss the matter with the Officer in Charge, Marine Inspection. | ||||
| 46:46:7.0.1.1.4.1.30.6 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.100 | Subpart 169.100—General Provisions | § 169.112 Special consideration. | USCG | In applying the provisions of this part, the Officer in Charge, Marine Inspection, may give special consideration to departures from the specific requirements when special circumstances or arrangements warrant such departures and an equivalent level of safety is provided. | ||||
| 46:46:7.0.1.1.4.1.30.7 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.100 | Subpart 169.100—General Provisions | § 169.113 Right of appeal. | USCG | [CGD 88-033, 54 FR 50381, Dec. 6, 1989] | Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter. | |||
| 46:46:7.0.1.1.4.1.30.8 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.100 | Subpart 169.100—General Provisions | § 169.115 Incorporation by reference. | USCG | [USCG-2012-0196, 81 FR 48294, July 22, 2016, as amended by USCG-2020-0107, 87 FR 68305, Nov. 14, 2022] | (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at the Coast Guard Headquarters and at the National Archives and Records Administration (NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email: typeapproval@uscg.mil; website: www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this material at NARA, email: fr.inspection@nara.gov; website: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from the source(s) in the following paragraph(s) of this section. (b) American Boat and Yacht Council (ABYC), 613 Third St, Suite 10, Annapolis, MD 21403, 410-990-4460, http://www.abycinc.org . (1) A-1-78, Marine LPG—Liquefied Petroleum Gas Systems, IBR approved for § 169.703(c). (2) A-3-70, Recommended Practices and Standards Covering Galley Stoves, IBR approved for § 169.703(a). (3) A-22-78, Marine CNG—Compressed Natural Gas Systems, IBR approved for § 169.703(c). (4) H-2.5, Ventilation of Boats Using Gasoline—Design and Construction, 1981, IBR approved for § 169.629. (5) H-24.9 (g) and (h)—“Fuel Strainers and Fuel Filters” (1975), IBR approved for § 169.629. (6) P-1-73, Safe Installation of Exhaust Systems for Propulsion and Auxiliary Engines, 1973, IBR approved for § 169.609. (c) DLA Document Services, Building 4D, 700 Robbins Avenue, Philadelphia, PA 19111, http://quicksearch.dla.mil . (1) Federal Specification ZZ-H-451, Hose, Fire, Woven-Jacketed Rubber or Cambric-Lined, with Couplings, F, IBR approved for § 169.563(c). (2) [Reserved] (d) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617-770-3000, http://www.nfpa.org . (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December… | |||
| 46:46:7.0.1.1.4.1.30.9 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.100 | Subpart 169.100—General Provisions | § 169.117 OMB control numbers. | USCG | [CGD 83-005, 51 FR 896, Jan. 9, 1986, as amended by CGD 88-072, 53 FR 34298, Sept. 6, 1988; CGD 89-037, 57 FR 41824, Sept. 11, 1992; USCG-2004-18884, 69 FR 58350, Sept. 30, 2004] | (a) Purpose. This section collects and displays the control numbers assigned to information collection and recordkeeping requirements in this subchapter by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq. ). The Coast Guard intends that this section comply with the requirements of 44 U.S.C. 3507(f) which requires that agencies display a current control number assigned by the Director of OMB for each approved agency information collection requirement. (b) Display. | |||
| 46:46:7.0.1.1.4.2.30.1 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.201 When required. | USCG | (a) No sailing school vessel shall be operated without a valid Certificate of Inspection, Form CG-3753. (b) Except as noted in this subpart, each sailing school vessel inspected and certificated under the provisions of this subchapter must, during the tenure of the certificate, be in full compliance with the terms of the certificate when carrying six or more individuals who are sailing school students or sailing school instructors. (c) If necessary to prevent delay of the vessel, a temporary Certificate of Inspection, Form CG-854, is issued pending the issuance and delivery of the regular Certificate of Inspection, Form CG-3753. The temporary certificate is carried in the same manner as the regular certificate and is considered the same as the regular certificate of inspection which it represents. | ||||
| 46:46:7.0.1.1.4.2.30.2 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.203 Description. | USCG | The certificate of inspection issued to a vessel describes the vessel, the route which it may travel, the minimum manning requirements, the major lifesaving equipment carried, the minimum fire extinguishing equipment and life preservers required to be carried, the maximum number of sailing school students and instructors and the maximum number of persons which may be carried, the name of the owner and operator, and such conditions of operations as may be determined by the Officer in Charge, Marine Inspection. | ||||
| 46:46:7.0.1.1.4.2.30.3 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.205 Obtaining or renewing a Certificate of Inspection. | USCG | [CGD 83-005, 51 FR 896, Jan. 9, 1986, as amended by USCG-1999-4976, 65 FR 6507, Feb. 9, 2000; USCG-2006-25556, 72 FR 36330, July 2, 2007] | (a) A qualified organization attempting to obtain or renew a certificate of inspection for a vessel must submit to the Coast Guard Officer in Charge, Marine Inspection located in or nearest the port at which the inspection is to be made, the following— (1) An application for inspection on Form CG-3752; and (2) Evidence that the vessel has been designated as a sailing school vessel or an application for designation, as set forth in § 169.218; and (3) Information concerning the program's age and physical qualifications for students and instructors and the ratio of students to instructors. (b) The application for initial inspection of a vessel being newly constructed or converted must be submitted prior to the start of such construction or conversion. (c) The construction, arrangement and equipment of all vessels must be acceptable to the cognizant Officer in Charge, Marine Inspection, as a prerequisite of the issuance of the initial certificate of inspection. Acceptance will be based on the information, specifications, drawings and calculations available to the Officer in Charge, Marine Inspection, and on the successful completion of an initial inspection for certification. (d) You must submit a written application for an inspection for certification to the cognizant Officer in Charge, Marine Inspection. To renew a Certificate of Inspection, you must submit an application at least 30 days before the expiration of the vessel's current certificate. Applications are available at any U.S. Coast Guard Sector Office or Marine Inspection Office. When renewing a Certificate of Inspection, you must schedule an inspection for certification within the 3 months before the expiration date of the current Certificate of Inspection. (e) The condition of the vessel and its equipment must be acceptable to the cognizant Officer in Charge, Marine Inspection, as a prerequisite of the certificate of inspection renewal. Acceptance will be based on the condition of the vessel as found at the inspection for certification. | |||
| 46:46:7.0.1.1.4.2.30.4 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.207 Period of validity for a Certificate of Inspection. | USCG | [CGD 83-005, 51 FR 896, Jan. 9, 1986, as amended by USCG-1999-4976, 65 FR 6507, Feb. 9, 2000] | (a) A Certificate of Inspection is valid for 5 years. (b) Certificates of inspection may be revoked, or suspended and withdrawn by the Officer in Charge, Marine Inspection, at any time for noncompliance with the provisions of this subchapter or requirements established thereunder. | |||
| 46:46:7.0.1.1.4.2.30.5 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.209 Routes permitted. | USCG | (a) The area of operation for each vessel is designated by the Officer in Charge, Marine Inspection and recorded on its Certificate of Inspection. Each area of operation is described on the Certificate of Inspection under the major headings “exposed waters,” “partially protected waters,” or “protected waters,” as applicable. Further limitations imposed or extensions granted are described by reference to bodies of waters, geographical points, distance from geographical points, distances from land, depths of channel, seasonal limitations, etc. (b) Operation of vessels on routes of lesser severity than those specifically described or designated on the Certificate of Inspection are permitted, unless expressly prohibited on the Certificate of Inspection. The general order of severity is: exposed, partially protected, and protected waters. | ||||
| 46:46:7.0.1.1.4.2.30.6 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.211 Permit to proceed for repair. | USCG | (a) The Officer in Charge, Marine Inspection, may issue a permit to proceed to another port for repair, Form CG-948, to a vessel if in his judgment it can be done with safety even if the Certificate of Inspection of the vessel has expired or is about to expire. (b) The permit is issued only upon the written application of the master, owner, or agent of the vessel. (c) The permit states upon its face the conditions under which it is issued and that guests may not be carried when operating under the permit. The permit must be carried in a manner similar to that described in § 169.217(a) for a certificate of inspection. | ||||
| 46:46:7.0.1.1.4.2.30.7 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.213 Permit to carry excursion party. | USCG | (a) A vessel may be permitted to engage in a temporary excursion operation with a greater number of persons and/or on a more extended route than permitted by its certificate of inspection when in the opinion of the Officer in Charge, Marine Inspection, the operation can be undertaken with safety. A “Permit To Carry Excursion Party” Form CG-949, is a prerequisite of such an operation. (b) Any Officer in Charge, Marine Inspection, having jurisdiction may issue a permit to carry an excursion party upon the written application of the operator, owner or agent of the vessel. (c) The OCMI will reevaluate the vessel's sailing instruction program to ensure that the permit fits within the scope of the training program and that the vessel continues to meet the definition of a sailing school vessel. (d) The OCMI may require an inspection prior to the issuance of a permit to carry an excursion party. (e) The permit states upon its face the conditions under which it is issued, a reminder about the prohibition against carrying passengers, the number of persons the vessel may carry, the crew required, and additional lifesaving or safety equipment required, the route for which the permit is granted, and the dates on which the permit is valid. (f) The permit must be carried with the certificate of inspection. Any vessel operating under a permit to carry an excursion party must be in full compliance with the terms of its certificate of inspection as supplemented by the permit. | ||||
| 46:46:7.0.1.1.4.2.30.8 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.215 Certificate of inspection amendment. | USCG | (a) An amended certificate of inspection may be issued at any time by any Officer in Charge, Marine Inspection. The amended certificate of inspection replaces the original. An amended certificate of inspection may be issued to authorize and record a change in the character of a vessel or in its route, equipment, ownership, operator, etc., from that specified in the current certificate of inspection. (b) A request for an amended certificate of inspection must be made to the Officer in Charge, Marine Inspection, by the master, operator, owner, or agent of the vessel at any time there is a change in the character of a vessel or in its route, equipment, ownership, operation etc., as specified in its current certificate of inspection. (c) The OCMI may require an inspection prior to the issuance of an amended certificate of inspection. | ||||
| 46:46:7.0.1.1.4.2.30.9 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.217 Posting. | USCG | The certificate of inspection must be framed under glass or other suitable transparent material and posted in a conspicuous place on the vessel except on open boats where the certificate may be retained in a watertight container, which is secured to the vessel. | ||||
| 46:46:7.0.1.1.4.2.31.10 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.218 Procedures for designating sailing school vessels. | USCG | (a) Upon written request by a qualified institution, a determination is made by the OCMI whether the vessel may be designated as a sailing school vessel. (b) The request should contain sufficient information to allow the OCMI to make this determination. At a minimum the following items must be submitted: (1) A detailed description of the vessel, including its identification number, owner, and charterer. (2) A specific operating plan stating precisely the intended use of the vessel and the intended course of instruction for sailing school students. (3) A copy of the Internal Revenue Service designation as a non-profit, tax-exempt, organization under sections 501(a) and 501(c)(3) of the Internal Revenue Code. (4) An affidavit certifying that the owner or charterer has financial resources to meet any liability incurred for death or injury to sailing school students or sailing school instructors on voyages aboard the vessel, in an amount not less than $50,000 for each student and instructor. (5) Any additional information as requested by the Officer in Charge, Marine Inspection. (c) If a designation is granted it is indicated on the certificate of inspection and remains valid for the duration of the certificate, provided all operating conditions remain unchanged. (d) In the event of a change, the institution must advise the OCMI who issued the designation. After reviewing the pertinent information concerning the change, the OCMI shall determine if the vessel is eligible to retain its designation as a sailing school vessel. | ||||
| 46:46:7.0.1.1.4.2.31.11 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.219 Renewal of letter of designation. | USCG | At least 60 days prior to the expiration date of the certificate of inspection, a request for renewal must be submitted in the same manner as described in § 169.218. If the request for renewal is submitted to the OCMI who made the initial determination and all operating conditions remain unchanged, the information need not be resubmitted. | ||||
| 46:46:7.0.1.1.4.2.32.12 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.220 General. | USCG | (a) An inspection is required before the issuance of a certificate of inspection. (b) An inspection for certification is not made until after receipt of the information required in § 169.205(a) of this subchapter. | ||||
| 46:46:7.0.1.1.4.2.32.13 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.221 Initial inspection for certification. | USCG | (a) The initial inspection includes an inspection of the hull structure, yards, masts, spars, rigging, sails, machinery, and equipment, including unfired pressure vessels. (b) The initial inspection of a vessel being newly constructed or converted normally consists of a series of inspections during the construction or conversion. (c) The inspection ensures that the vessel and its equipment comply with the regulations in this subchapter to the extent they are applicable to the vessel being inspected, and are in accordance with approved plans. The inspection also ensures that the materials, workmanship and condition of all parts of the vessel and its machinery and equipment are in all respects satisfactory for the service intended, and that the vessel is in possession of a valid certificate issued by the Federal Communications Commission, if required. (d) Before construction is started, the owner, operator, or builder must develop plans indicating the proposed arrangement and construction of the vessel. This list of plans to be developed and the required disposition of these plans are set forth in § 169.305. | ||||
| 46:46:7.0.1.1.4.2.32.14 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.222 Scope of inspection for certification. | USCG | Items normally included in an Inspection for Certification are: (a) Structure. (b) Watertight integrity. (c) Pressure vessels and appurtenances. (d) Piping. (e) Auxiliary machinery. (f) Steering apparatus. (g) Electrical installations. (h) Lifesaving appliances. (i) Navigation equipment. (j) Fire detecting and extinguishing systems. (k) Pollution prevention equipment. (l) Sanitary conditions. (m) Fire hazards. (n) Verification of valid certificates issued by the Federal Communications Commission. (o) Lights and signals required by navigation rules. (p) Bilge and ballast systems. (q) Rigging, yards, masts, spars, and sails. | ||||
| 46:46:7.0.1.1.4.2.32.15 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.223 Subsequent inspections for certification. | USCG | An inspection for renewal of a certificate of inspection includes an inspection of the structure, machinery, yards, spars, masts, rigging, sails, and equipment. The inspection ensures that the vessel is in satisfactory condition, fit for the service intended and complies with the applicable regulations in this subchapter. | ||||
| 46:46:7.0.1.1.4.2.33.16 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.225 Annual inspection. | USCG | [USCG-1999-4976, 65 FR 6507, Feb. 9, 2000] | (a) Your vessel must undergo an annual inspection within 3 months before or after each anniversary date, except as specified in § 169.226. (b) You must contact the cognizant Officer in Charge, Marine Inspection to schedule an inspection at a time and place which he or she approves. No written application is required. (c) The scope of the annual inspection is the same as the inspection for certification as specified in § 169.222 but in less detail unless the cognizant marine inspector finds deficiencies or determines that a major change has occurred since the last inspection. If deficiencies are found or a major change to the vessel has occurred, the marine inspector will conduct an inspection more detailed in scope to ensure that the vessel is in satisfactory condition and fit for the service for which it is intended. If your vessel passes the annual inspection, the marine inspector will endorse your current Certificate of Inspection. (d) If the annual inspection reveals deficiencies in your vessel's maintenance, you must make any or all repairs or improvements within the time period specified by the Officer in Charge, Marine Inspection. (e) Nothing in this subpart limits the marine inspector from conducting such tests or inspections he or she deems necessary to be assured of the vessel's seaworthiness. | |||
| 46:46:7.0.1.1.4.2.33.17 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.226 Periodic inspection. | USCG | [USCG-1999-4976, 65 FR 6507, Feb. 9, 2000] | (a) Your vessel must undergo a periodic inspection within 3 months before or after the second or third anniversary of the date of your vessel's Certificate of Inspection. This periodic inspection will take the place of an annual inspection. (b) You must contact the cognizant Officer in Charge, Marine Inspection to schedule an inspection at a time and place which he or she approves. No written application is required. (c) The scope of the periodic inspection is the same as that for the inspection for certification, as specified in § 169.222. The Officer in Charge, Marine Inspection will insure that the vessel is in satisfactory condition and fit for the service for which it is intended. If your vessel passes the periodic inspection, the marine inspector will endorse your current Certificate of Inspection. (d) If the periodic inspection reveals deficiencies in your vessel's maintenance, you must make any or all repairs or improvements within the time period specified by the Officer in Charge, Marine Inspection. (e) Nothing in this subpart limits the marine inspector from conducting such tests or inspections he or she deems necessary to be assured of the vessel's seaworthiness. | |||
| 46:46:7.0.1.1.4.2.33.18 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.227 Certificate of Inspection: Conditions of validity. | USCG | [USCG-1999-4976, 65 FR 6507, Feb. 9, 2000] | To maintain a valid Certificate of Inspection, you must complete your annual and periodic inspections within the periods specified in §§ 169.225 and 169.226 respectively and your Certificate of Inspection must be endorsed. | |||
| 46:46:7.0.1.1.4.2.34.19 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.229 Drydock examination, internal structural examination, and underwater survey intervals. | USCG | [CGD 84-024, 52 FR 39656, Oct. 23, 1987, as amended at 53 FR 32232, Aug. 24, 1988; CGD 95-072, 60 FR 50468, Sept. 29, 1995; CGD 96-041, 61 FR 50734, Sept. 27, 1996; USCG-2000-6858, 67 FR 21083, Apr. 29, 2002; USCG-2009-0702, 74 FR 49239, Sept. 25, 2009; USCG-2012-0832, 77 FR 59788, Oct. 1, 2012] | (a) Except as provided for in paragraphs (b) through (e) of this section, each vessel must undergo drydock and internal structural examinations as follows: (1) If your vessel operates in saltwater, it must undergo two drydock examinations and two internal structural examinations within any 5-year period unless it has been approved to undergo an underwater survey (UWILD) under § 169.230 of this part. No more than 3 years may elapse between any two examinations. (2) If your vessel operated in fresh water at least 50 percent of the time since your last drydocking, it must undergo a dry dock and internal structural examination at intervals not to exceed 5 years unless it has been approved to undergo an underwater survey (UWILD) under § 169.230 of this part. (b) Vessels with wooden hulls must undergo two drydock and two internal structural examinations within any five year period regardless of the type of water in which they operate. No more than three years may elapse between any two examinations. (c) If, during an internal structural examination damage or deterioration to the hull plating or structural members is discovered, the Officer in Charge, Marine Inspection, may require the vessel to be drydocked or otherwise taken out of service to further assess the extent of the damage and to effect permanent repairs. (d) Each vessel which has not met with the applicable examination schedules in paragraphs (a) through (c) of this section because it is on a voyage, must undergo the required examinations upon completion of the voyage. (e) The Commandant (CG-CVC) may authorize extensions to the examination intervals specified in paragraphs (a) and (b) of this section. | |||
| 46:46:7.0.1.1.4.2.34.20 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.230 Underwater Survey in Lieu of Drydocking (UWILD). | USCG | [USCG-2000-6858, 67 FR 21083, Apr. 29, 2002] | (a) The Officer in Charge, Marine Inspection (OCMI), on a case-by-case basis, may approve an underwater survey instead of a drydock examination at alternating intervals if your vessel is— (1) Less than 15 years of age; (2) A steel or aluminum hulled vessel; (3) Fitted with an effective hull protection system; and (4) Listed in § 169.229(a)(1) or (2) of this part. (b) For vessels less than 15 years of age, you must submit an application for an underwater survey to the OCMI at least 90 days before your vessel's next required drydock examination. The application must include— (1) The procedure for carrying out the underwater survey; (2) The time and place of the underwater survey; (3) The method used to accurately determine the diver's or remotely operated vehicle's (ROV) location relative to the hull; (4) The means for examining all through-hull fittings and appurtenances; (5) The condition of the vessel, including the anticipated draft of the vessel at the time of survey; (6) A description of the hull protection system; and (7) The name and qualifications of any third party examiner. (c) If your vessel is 15 years old or older, the cognizant District Commander, on a case-by-case basis, may approve an underwater survey instead of a drydock examination at alternating intervals. You must submit an application for an underwater survey to the OCMI at least 90 days before your vessel's next required drydock examination. You may be allowed this option if— (1) The vessel is qualified under paragraphs (a)(2) through (4) of this section; (2) Your application includes the information in paragraphs (b)(1) through (b)(7) of this section; and (3) During the vessel's drydock examination, preceding the underwater survey, a complete set of hull gaugings was taken and they indicated that the vessel was free from appreciable hull deterioration. (d) After the drydock examination required by paragraph (c)(3) of this section, the OCMI submits a recommendation for future underwater surveys, the results of the hull gaugi… | |||
| 46:46:7.0.1.1.4.2.34.21 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.231 Definitions relating to hull examinations. | USCG | [CGD 84-024, 52 FR 39656, Oct. 23, 1987, as amended at 53 FR 32232, Aug. 24, 1988; USCG-2000-6858, 67 FR 21084, Apr. 29, 2002] | As used in the part— (a) Drydock examination means hauling out a vessel or placing a vessel in a drydock or slipway for an examination of all accessible parts of the vessel's underwater body and all through-hull fittings, sea chests, sea valves, sea strainers, and valves for the emergency bilge suction. (b) Underwater survey means the examination of the vessel's underwater hull including all through-hull fittings and appurtenances, while the vessel is afloat. (c) Internal structural examination means an examination of the vessel while afloat or in drydock and consists of a complete examination of the vessel's main strength members, including the major internal framing, the hull plating, voids, and ballast tanks, but not including cargo or fuel oil tanks. | |||
| 46:46:7.0.1.1.4.2.34.22 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.233 Notice and plans required. | USCG | [CGD 84-024, 52 FR 39656, Oct. 23, 1987] | (a) The master, owner, operator, or agent of the vessel shall notify the Officer in Charge, Marine Inspection, whenever the vessel is to be drydocked regardless of the reason for drydocking. (b) Each vessel, except barges, that holds a Load Line Certificate must have on board a plan showing the vessel's scantlings. This plan must be made available to the Coast Guard marine inspector whenever the vessel undergoes a drydock examination or internal structural examination or whenever repairs are made to the vessel's hull. (c) Each barge that holds a Load Line Certificate must have a plan showing the barge's scantlings. The plan need not be maintained on board the barge but must be made available to the Coast Guard marine inspector whenever the barge undergoes a drydock examination or internal structural examination or whenever repairs are made to the barge's hull. | |||
| 46:46:7.0.1.1.4.2.34.23 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.234 Integral fuel oil tank examinations. | USCG | [CGD 84-024, 52 FR 39656, Oct. 23, 1987, as amended at 53 FR 32232, Aug. 24, 1988] | (a) Each fuel oil tank with at least one side integral to the vessel's hull and located within the hull (“integral fuel oil tank”) is subject to inspection as provided in this section. The owner or operator of the vessel shall have the tanks cleaned out and gas freed as necessary to permit internal examination of the tank or tanks designated by the marine inspector. The owner or operator shall arrange for an examination of the fuel tanks of each vessel during an internal structural examination at intervals not to exceed five years. (b) Integral non-double-bottom fuel oil tanks need not be cleaned out and internally examined if the marine inspector is able to determine by external examination that the general condition of the tanks is satisfactory. (c) Double-bottom fuel oil tanks on vessels less than 10 years of age need not be cleaned out and internally examined if the marine inspector is able to determine by external examination that the general condition of the tanks is satisfactory. (d) All double-bottom fuel oil tanks on vessels 10 years of age or older but less than 15 years of age need not be cleaned out and internally examined if the marine inspector is able to determine by internal examination of at least one forward double-bottom fuel oil tank, and by external examination of all other double-bottom fuel oil tanks on the vessel, that the general condition of the tanks is satisfactory. (e) All double-bottom fuel oil tanks on vessels 15 years of age or older need not be cleaned out and internally examined if the marine inspector is able to determine by internal examination of at least one forward, one amidships, and one aft double-bottom fuel oil tank, and by external examination of all other double-bottom fuel oil tanks on the vessel, that the general condition of the tanks is satisfactory. | |||
| 46:46:7.0.1.1.4.2.35.24 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.235 Permission required. | USCG | (a) Repairs or alterations to the hull, machinery, or equipment which affects the safety of the vessel may not be made without the knowledge and approval of the Officer in Charge, Marine Inspection. (b) Drawings, sketches or written specifications describing the alterations in detail must be submitted to the OCMI. Proposed alterations must be approved by the Officer in Charge, Marine Inspection, before work is started. (c) Drawings are not required for repairs or replacements in kind. | ||||
| 46:46:7.0.1.1.4.2.35.25 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.236 Inspection and testing required. | USCG | [CGD 83-005, 51 FR 896, Jan. 9, 1986, as amended by USCG-2012-0196, 81 FR 48295, July 22, 2016] | (a) The provisions of NFPA 306, (incorporation by reference, see § 169.115) are used as a guide in conducting the inspections and issuing certificates required by this section. (b) Until an inspection has been made to determine that the operations can be undertaken safely, no alterations, repairs, or other operations involving riveting, welding, burning, or other fire-producing actions may be made— (1) Within or on the boundaries of fuel tanks; or (2) To pipelines, heating coils, pumps, fittings, or other appurtenances connected to fuel tanks. (c) Inspections must be conducted as follows: (1) In ports or places in the United States or its territories and possessions, the inspection must be made by a marine chemist certificated by the National Fire Protection Association; however, if the services of such certified marine chemist are not reasonably available, the Officer in Charge, Marine Inspection, upon the recommendation of the vessel owner and his contractor on their representative, may authorize a person to inspect the particular vessel. If the inspection indicates that the operations can be undertaken with safety, a certificate setting forth this fact in writing must be issued by the certified marine chemist or the authorized person before the work is started. The certificate must include any requirements necessary to reasonably maintain safe conditions in the spaces certified throughout the operation, including any precautions necessary to eliminate or minimize hazards that may be present from protective coatings or residues from cargoes. (2) When not in a port or place in the United States or its territories and possessions, and when a marine chemist or a person authorized by the Officer in Charge, Marine Inspection, is not reasonably available, the senior officer present shall conduct the inspection and enter the results of the inspection in the vessel's logbook. (d) It is the responsibility of the senior officer present to secure copies of certificates issued by the certified marine chemist or a pe… | |||
| 46:46:7.0.1.1.4.2.36.26 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.237 Inspection standards. | USCG | Vessels are inspected for compliance with the standards required by this subchapter. Items not covered by standards in this subchapter must be in accordance with good marine practice and acceptable to the Officer in Charge, Marine Inspection. | ||||
| 46:46:7.0.1.1.4.2.36.27 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.239 Hull. | USCG | [CGD 83-005, 51 FR 896, Jan. 9, 1986, as amended by USCG-1999-4976, 65 FR 6508, Feb. 9, 2000] | At each inspection for certification and periodic inspection, the vessel must be afloat and ready for the following tests and inspections of the hull structure and its appurtenances: (a) All accessible parts of the exterior and interior of the hull, the watertight bulkheads, and weather deck are examined. Where the internals of the vessel are completely concealed, sections of the lining or ceiling may be removed or the parts otherwise probed or exposed so that the inspector may be satisfied as to the condition of the hull structure. (b) All watertight closures in the hull, decks and bulkheads are examined and operated. (c) The condition of the superstructure, masts, and similar arrangements constructed on the hull is checked. All spars, standing rigging, running rigging, blocks, fittings, and sails, including storm sails are inspected. (d) All railings and bulwarks and their attachment to the hull structure are inspected. Special attention is paid to ensure that guards or rails are provided in all dangerous places. (e) All weathertight closures above the weather deck are inspected. The provisions for drainage of sea water from the exposed decks are checked. | |||
| 46:46:7.0.1.1.4.2.36.28 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.241 Machinery. | USCG | [CGD 83-005, 51 FR 896, Jan. 9, 1986, as amended by USCG-1999-4976, 65 FR 6508, Feb. 9, 2000] | (a) At each inspection for certification and periodic inspection, the marine inspector will examine and test the following items to the extent necessary, to determine that they are in proper operating condition and fit for the service for which they are intended: (1) Engine starting system. Alternate methods of starting are checked. (2) Engine control mechanisms. Mechanisms are operationally tested and visually examined. (3) Auxiliary machinery. All machinery essential to the routine operation of the vessel is checked. (4) Fuel systems. Tanks, tank vents and other appurtenances, piping and pipe fittings are examined. The fuel systems for the auxiliary propulsion engines and all other fuel systems installed are checked. All valves in the fuel lines are tested by operating locally and at remote operating positions. (5) Sea valves and bulkhead closure valves. All overboard discharge and intake valves are checked. (6) Bilge and drainage systems. The means provided for pumping bilges are operationally tested. All suction strainers are examined. (b) During all inspections special attention is paid to ensure that no fire hazards exist and that guards or protective devices are provided in all hazardous places. | |||
| 46:46:7.0.1.1.4.2.36.29 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.243 Electrical. | USCG | [CGD 83-005, 51 FR 896, Jan. 9, 1986, as amended by USCG-1999-4976, 65 FR 6508, Feb. 9, 2000] | At each inspection for certification and periodic inspection, the marine inspector will examine and test the following items to the extent necessary, to determine that they are in proper operating condition, in safe electrical condition, and fit for the service for which they are intended: (a) Electrical cable. All cable is examined as far as practicable without undue disturbance of the cable or electrical apparatus. (b) Overload or circuit protective devices. Circuit breakers are tested by manual operation and fuses examined visually. The ratings of fuses are checked to determine suitability for the service intended. (c) Rotating machinery. Rotating electrical machinery essential to the routine operation of the vessel is examined. (d) Generators, etc. All generators, motors, lighting fixtures and circuit interrupting devices located in spaces or areas which may contain flammable vapors are checked. (e) Storage batteries. Batteries are checked for condition and security of stowage. (f) Fire detection and alarm system. Electrical apparatus, which operates as part of or in conjunction with a fire detection or alarm system installed on board the vessel, is operationally tested. The test is applied, in a manner to simulate, as closely as practicable, the actual operation in case of fire. | |||
| 46:46:7.0.1.1.4.2.36.30 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.245 Lifesaving equipment. | USCG | [CGD 83-005, 51 FR 896, Jan. 9, 1986, as amended by USCG-1999-4976, 65 FR 6508, Feb. 9, 2000] | At each inspection for certification and periodic inspection the following tests and inspections of lifesaving equipment will be conducted: (a) All air tank buoyant units of all lifesaving appliances are tested for airtightness. (b) Each lifeboat is lowered to near the water and loaded with its allowed capacity, evenly distributed throughout the length. The total weight used is at least equal to the allowed capacity of the lifeboat considering persons to weigh 75 kg (165 pounds) each. The lifeboat is then lowered into the water until it is afloat and released from the falls. (c) Each personal flotation device is examined to determine its serviceability. If found to be satisfactory, it is stamped “Passed,” together with the date and the port. If found to be unsatisfactory, the personal flotation device must be removed from the vessel's equipment and repaired. If it is beyond repair it must be destroyed in the presence of the Coast Guard inspector. (d) Each lifeboat winch electrical control apparatus is opened and inspected. (e) Where gravity davits are installed, it must be demonstrated that the lifeboat can be swung out and lowered from any stopped position by merely releasing the brake on the lifeboat winch. The use of force to start the davits or the lifeboat winch is not permitted. (f) Inflatable liferaft containers are examined for defects and the inspector verifies that the inflatable liferafts and hydraulic releases, if installed, have been serviced at an approved facility in accordance with the provisions of subparts 160.051 and 160.062, respectively, of this chapter. (g) All other items of lifesaving equipment are examined to determine that they are in suitable condition. | |||
| 46:46:7.0.1.1.4.2.36.31 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.247 Fire fighting equipment. | USCG | [USCG-2012-0196, 81 FR 48295, July 22, 2016] | (a) At each inspection for certification and periodic inspection and at such other times as considered necessary, all fire extinguishing equipment must be inspected to ensure it is in suitable condition. Tests may be necessary to determine the condition of the equipment. The inspector must verify that the following tests and inspections have been conducted by a qualified servicing facility at least once every 12 months: (1) Portable fire extinguishers and semi-portable fire extinguishing systems must be inspected and maintained in accordance with NFPA 10 (incorporated by reference, see § 169.115) as amended here: (i) Certification or licensing as fire extinguisher servicing agency by a state or local authority having jurisdiction will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of extinguishers. (ii) Monthly inspections required by NFPA 10 may be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (iii) Non-rechargeable or non-refillable extinguishers must be inspected and maintained in accordance with NFPA 10; however, the annual maintenance need not be conducted by a certified person and can be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (iv) The owner or managing operator must provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records have not been properly maintained, a qualified servicing facility must perform the required inspections, maintenance procedures, and hydrostatic pressure tests. A tag issued by a qualified servicing organization, and attached to each extinguisher, may be accepted as evidence that the necessary maintenance procedures have been conducted. (2) All parts of the fixed fire extinguishing systems must be examined for excessive corrosion and general condition. Table 169.247(a)(1) of this section provides detailed inspection and test requirements of fixed system… | |||
| 46:46:7.0.1.1.4.2.36.32 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.249 Pressure vessels. | USCG | Pressure vessels must meet the requirements of part 54 of this chapter. The inspection procedures for pressure vessels are contained in subpart 61.10 of this chapter. | ||||
| 46:46:7.0.1.1.4.2.36.33 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.251 Steering apparatus. | USCG | [CGD 83-005, 51 FR 896, Jan. 9, 1986, as amended by USCG-1999-4976, 65 FR 6508, Feb. 9, 2000] | At each inspection for certification and periodic inspection the steering apparatus is inspected and operationally tested to determine that its condition is satisfactory and that it is fit for the service intended. | |||
| 46:46:7.0.1.1.4.2.36.34 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.253 Miscellaneous systems and equipment. | USCG | [CGD 83-005, 51 FR 896, Jan. 9, 1986, as amended by USCG-1999-4976, 65 FR 6508, Feb. 9, 2000] | (a) At each inspection for certification and periodic inspection all items in the ship's outfit, such as ground tackle, navigation lights, compass, etc., which are required to be carried by the regulations in this subchapter are examined and tested as necessary to determine that they are fit the service intended. (b) Approved work vests, where carried, are inspected as provided in § 169.556. | |||
| 46:46:7.0.1.1.4.2.36.35 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.255 Sanitary inspection. | USCG | [CGD 83-005, 51 FR 896, Jan. 9, 1986, as amended by USCG-1999-4976, 65 FR 6508, Feb. 9, 2000] | At each inspection for certification, periodic inspection, and annual inspection quarters, toilet and washing spaces, galleys, serving pantries, lockers, etc., are examined to determine that they are serviceable and in a sanitary condition. | |||
| 46:46:7.0.1.1.4.2.36.36 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.257 Unsafe practices. | USCG | [CGD 83-005, 51 FR 896, Jan. 9, 1986, as amended by USCG-1999-4976, 65 FR 6508, Feb. 9, 2000] | (a) At each inspection for certification, periodic inspection, annual inspection, and at every other vessel inspection all observed unsafe practices and hazardous situations must be corrected. (b) At each inspection for certification, periodic inspection, annual inspection, and at every other vessel inspection the bilges and other spaces are examined to see that there is no accumulation of oil or other matter which might create a fire hazard. | |||
| 46:46:7.0.1.1.4.2.36.37 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.200 | Subpart 169.200—Inspection and Certification | § 169.259 Limitations of inspections. | USCG | The OCMI may require that a vessel and its equipment meet any test or inspection deemed necessary to determine that they are suitable for the service in which they are to be employed. | ||||
| 46:46:7.0.1.1.4.3.37.1 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.300 | Subpart 169.300—Construction and Arrangement | § 169.305 Plans required. | USCG | (a) Except as provided in paragraphs (b) and (c) of this section the owner or builder shall, before the start of construction or before the initial inspection of the vessel, submit to the Officer in Charge, Marine Inspection of the inspection zone where the vessel is to be inspected, at least one copy of each of the following plans: (1) Midship section. (2) Outboard profile. (3) Inboard profile. (4) Arrangement of decks. (5) Lifesaving equipment installation and arrangement. (6) Machinery installation. (7) Electrical installation. (8) Fire control plan. (9) Fuel tanks. (10) Piping systems. (11) Hull penetrations and shell connections. (12) Lines and offsets, curves of form, and capacities of the tanks including size and location on vessel. (13) Masts, including integration into the ship's structure. (14) Rigging plan showing sail areas and centers of effort as well as the arrangement, dimensions, and connections of the standing rigging. (b) For vessels less than 65 feet in length, the owner may submit specifications, sketches, photographs, line drawings or written descriptions in lieu of any of the required drawings provided the required information is adequately detailed and acceptable to the Officer in Charge, Marine Inspection. (c) The Officer in Charge, Marine Inspection, may waive submission of some or all of the structural plans called for by paragraph (a) of this section for an existing vessel with a history of at least 5 years of safe operation, or if the design and construction of the vessel are essentially similar to a vessel which has a proven record of safe operation in similar service upon similar waters. | ||||
| 46:46:7.0.1.1.4.3.37.2 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.300 | Subpart 169.300—Construction and Arrangement | § 169.307 Plans for sister vessels. | USCG | Plans are not required for any vessel which is a sister ship to a vessel, provided that— (a) The approved plans for the original vessels are already on file at any Marine Inspection Office; (b) The owner of the plans authorizes their use for the new construction; (c) The regulations have not changed since the original plan approval; and (d) There are no major modifications to any of the systems used. | ||||
| 46:46:7.0.1.1.4.3.38.3 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.300 | Subpart 169.300—Construction and Arrangement | § 169.309 Structural standards. | USCG | (a) Compliance with the standards established by a recognized classification society will, in general, be considered satisfactory evidence of the structural adequacy of a vessel. (b) Masts, posts and other supporting structures are to have adequate strength to withstand the highest loadings imposed by the sail systems during all normal and emergency conditions. Particular attention must be given to the integration of the masts and rigging into the hull structure. The hull structure must be adequately reinforced and stiffened locally to ensure sufficient strength and resistance to plate buckling. (c) The design, materials, and construction of masts, yards, booms, bowsprits, and standing rigging must be suitable for the intended service. Detailed calculations with respect to the strength of the sail system may be required. Approval by a recognized classification society may be considered satisfactory evidence of the adequacy of the sail system. (d) When scantlings differ from established standards and it can be demonstrated that a craft approximating the same size, power and displacement has been built to the proposed scantlings and has been in satisfactory service, insofar as structural adequacy is concerned, for a period of a least 5 years, the proposed scantling may be approved. A detailed structural analysis may be required. (e) Special consideration will be given to the structural requirements of vessels not contemplated by the standards of a recognized classification society and to the use of materials not specially included in these standards. | ||||
| 46:46:7.0.1.1.4.3.38.4 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.300 | Subpart 169.300—Construction and Arrangement | § 169.311 Fire protection. | USCG | [CGD 83-005, 51 FR 897, Jan. 9, 1986; 51 FR 3785, Jan. 30, 1986] | (a) The general construction of the vessel must be designed to minimize fire hazards. Each vessel which carries more than 100 persons or has overnight accommodations for more than 49 persons must meet the requirements of subpart 72.05 of this chapter. Each vessel which is certificated to carry 100 persons or less or had overnight accommodations for less than 50 persons must meet the requirements of § 169.323. (b) A fire detector, listed by a recognized testing laboratory, must be installed in each unmanned engine space. (c) Smoke detectors, listed by a recognized testing laboratory, must be installed in each berthing compartment, sail locker, and public area. (d) Internal combustion engine exhausts, boiler and galley uptakes, and similar sources of ignition must be kept clear of and suitably insulated from any woodwork or other combustible matter. (e) Lamp, paint, oil lockers and similar compartments must be constructed of metal or wholly lined with metal. | |||
| 46:46:7.0.1.1.4.3.38.5 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.300 | Subpart 169.300—Construction and Arrangement | § 169.313 Means of escape. | USCG | [CGD 83-005, 51 FR 896, Jan. 9, 1986, as amended by USCG-2014-0688, 79 FR 58287, Sept. 29, 2014] | (a) Except as provided by paragraph (f) of this section, there must be at least two means of escape from all areas generally accessible to persons onboard. At least one means of escape must be independent of watertight doors and lead directly to the open deck. Windows and windshields of sufficient size and proper accessibility may be used as one avenue of escape. (b) The two means of escape must be as widely separated as practical to minimize the possibility of one incident blocking both escapes. (c) Except as provided by paragraph (d) of this section, a vertical ladder and deck scuttle may not be designated as one of the means of escape. (d) A vertical ladder and deck scuttle may be used as a second means of escape if— (1) The primary means of escape is an enclosed stairtower or stairway; (2) The installation of two stairways is impracticable; (3) The scuttle is located where it cannot be interfered with; and (4) The scuttle is fitted with a quick-acting release and a hold-back to hold the scuttle in an open position. (e) The required means of escape must not have locking devices. (f) Where the length of the compartment is less than 12 feet, one vertical means of escape is acceptable provided that— (1) There is no source of fire in the space, such as a galley stove, heater, etc., and the vertical escape is remote from the engine or fuel tank space, and (2) The arrangement is such that the installation of two means of escape does not materially improve the safety of the vessel or those on board. (g) Dead end corridors or the equivalent, more than 40 feet in length are prohibited. (h) Each means of escape must be of adequate size to accommodate rapid evacuation. (i) Each vertical ladder must have rungs that are: (1) At least 16 inches in length; (2) Not more than 12 inches apart, uniform for the length of the ladder; (3) At least 3 inches from the nearest permanent object in back of the ladder; and (4) Except when unavoidable obstructions are encountered, there must be at least 4 1/2 inches cle… | |||
| 46:46:7.0.1.1.4.3.38.6 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.300 | Subpart 169.300—Construction and Arrangement | § 169.315 Ventilation (other than machinery spaces). | USCG | (a) All enclosed spaces within the vessel must be properly ventilated in a manner suitable for the purpose of the space. (b) A means must be provided to close off all vents and ventilators. (c) Living spaces must be ventilated by a mechanical system unless it can be shown that a natural system will provide adequate ventilation in all ordinary weather conditions. Provided that paragraph (a) of this section is satisfied, a vessel having only a natural ventilation system must satisfy the following: V/A≥1.4 where V is the total area of the vents in square inches and A is the product in square feet of the vessel's design waterline length times its maximum beam. | ||||
| 46:46:7.0.1.1.4.3.39.7 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.300 | Subpart 169.300—Construction and Arrangement | § 169.317 Accommodations. | USCG | (a) Quarters must have sufficient fresh air, light and heat. Quarters must not be located forward of the collision bulkhead or farther forward in the vessel than a vertical plane located at 5 percent of the vessel's loadline length abaft the forward side of the stem. The space must not be located totally below the deepest load waterline. (b) Bulkheads separating accommodations from machinery spaces, paint lockers, storerooms, washrooms, and toilet facilities are to be odorproof. (c) All quarters are to be properly drained, odorproof and protected from heat and noise. (d) Each person on board must have a separate berth which is of sufficient size and generally clear of all pipes, ventilation ducts and other installations. (e) Each bunk must be constructed of wood, fiberglass or metal. If fitted with a mattress, the mattress must be covered with material which has been treated to give it fire resistant properties and which will provide the mattress with a reasonably smooth surface. There must be a minimum vertical distance between bunks of 24 inches. (f) A means of access must be provided for each berthing arrangement where the upper berth is more than 60 inches above the deck. (g) The construction and arrangement must allow free and unobstructed access to each berth. Each berth must be immediately adjacent to an aisle leading to a means of escape from the living area. (h) A properly arranged hammock may be used as a berth. | ||||
| 46:46:7.0.1.1.4.3.39.8 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.300 | Subpart 169.300—Construction and Arrangement | § 169.319 Washrooms and toilets. | USCG | (a) Sailing school vessels must have one toilet and one washbasin for every 20 persons. Each toilet and washbasin must have adequate plumbing. (b) Each washroom and toilet room must properly drain and the scupper to the washroom must be of sufficient size and situated in the lowest part of the space. (c) Each sailing school vessel must meet the applicable requirements of Title 33, Code of Federal Regulations, part 159. | ||||
| 46:46:7.0.1.1.4.3.39.9 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.300 | Subpart 169.300—Construction and Arrangement | § 169.323 Furniture and furnishings. | USCG | Each sailing school vessel certificated to carry 100 persons or less or having overnight accommodations for less than 50 persons must meet the following requirements: (a) Except as provided by paragraph (b) of this section, all free-standing furniture must be constructed of noncombustible material. Upholstery and padding used in furniture must be of fire resistant materials. (b) Existing solid wooden furniture may be retained on existing vessels. (c) Draperies must be fabricated of fire resistant fabrics. (d) Rugs and carpets must be of wool or other material having equivalent fire resistant qualities. (e) Trash receptacles must be constructed of non-combustible materials with solid sides and bottoms and have solid noncombustible covers. | ||||
| 46:46:7.0.1.1.4.3.40.10 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.300 | Subpart 169.300—Construction and Arrangement | § 169.327 Deck rails. | USCG | (a) All rails or lifelines must be at least 30 inches high and permanently supported by stanchions at intervals of not more than 7 feet. Stanchions must be through bolted or welded to the deck. (b) Rails or lifelines must consist of evenly spaced courses. The spacing between courses must not be greater than 12 inches. The opening below the lowest course must not be more than 9 inches. Lower rail courses are not required where all or part of the space below the upper rail is fitted with a bulwark, chain link fencing, wire mesh, or an equivalent. (c) Small vessels of the open type and vessels of unusual construction must have rails or equivalent protection as considered necessary by the Officer in Charge, Marine Inspection. | ||||
| 46:46:7.0.1.1.4.3.40.11 | 46 | Shipping | I | R | 169 | PART 169—SAILING SCHOOL VESSELS | 169.300 | Subpart 169.300—Construction and Arrangement | § 169.329 Storm rails. | USCG | Suitable storm rails or hand grabs must be installed where necessary in all passageways, at deckhouse sides, and at ladders and hatches where persons might have normal access. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
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CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);