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197 rows where part_number = 176 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 21:21:3.0.1.1.7.2.1.1 | 21 | Food and Drugs | I | B | 176 | PART 176—INDIRECT FOOD ADDITIVES: PAPER AND PAPERBOARD COMPONENTS | B | Subpart B—Substances for Use Only as Components of Paper and Paperboard | § 176.110 Acrylamide-acrylic acid resins. | FDA | Acrylamide-acrylic acid resins may be safely used as components of articles intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, subject to the provisions of this section. (a) Acrylamide-acrylic acid resins are produced by the polymerization of acrylamide with partial hydrolysis or by the copolymerization of acrylamide and acrylic acid. (b) The acrylamide-acrylic acid resins contain less than 0.2 percent residual monomer. (c) The resins are used as adjuvants in the manufacture of paper and paperboard in amounts not to exceed that necessary to accomplish the technical effect and not to exceed 2 percent by weight of the paper or paperboard. | ||||
| 21:21:3.0.1.1.7.2.1.10 | 21 | Food and Drugs | I | B | 176 | PART 176—INDIRECT FOOD ADDITIVES: PAPER AND PAPERBOARD COMPONENTS | B | Subpart B—Substances for Use Only as Components of Paper and Paperboard | § 176.230 3,5-Dimethyl-1,3,5,2 | FDA | 3,5-Dimethyl-1,3,5,2 H- tetrahydrothi-adiazine-2-thione may safely be used as a preservative in the manufacture and coating of paper and paperboard intended for use in contact with food in accordance with the following prescribed conditions: (a) It is used as follows: (1) In the manufacture of paper and paperboard as a preservative for substances added to the pulp suspension prior to the sheet-forming operation provided that the preservative is volatilized by heat in the drying and finishing of the paper and paperboard. (2) As a preservative for coatings for paper and paperboard, Provided, That the preservative is volatilized by heat in the drying and finishing of the coated paper or paperboard. (b) The quantity used shall not exceed the least amount reasonably required to accomplish the intended technical effect and shall not be intended to nor, in fact, accomplish any physical or technical effect in the food itself. (c) The use of a preservative in any substance or article subject to any regulation in parts 174, 175, 176, 177, 178 and § 179.45 of this chapter must comply with any specifications and limitations prescribed by such regulation for the substance or article. | ||||
| 21:21:3.0.1.1.7.2.1.11 | 21 | Food and Drugs | I | B | 176 | PART 176—INDIRECT FOOD ADDITIVES: PAPER AND PAPERBOARD COMPONENTS | B | Subpart B—Substances for Use Only as Components of Paper and Paperboard | § 176.250 Poly-1,4,7,10,13-pentaaza-15-hydroxyhexadecane. | FDA | Poly-1,4,7,10,13-pentaaza-15-hydrox-yhexadecane may be safely used as a retention aid employed prior to the sheet-forming operation in the manufacture of paper and paperboard intended for use in contact with food in an amount not to exceed that necessary to accomplish the intended physical or technical effect and not to exceed 6 pounds per ton of finished paper or paperboard. | ||||
| 21:21:3.0.1.1.7.2.1.12 | 21 | Food and Drugs | I | B | 176 | PART 176—INDIRECT FOOD ADDITIVES: PAPER AND PAPERBOARD COMPONENTS | B | Subpart B—Substances for Use Only as Components of Paper and Paperboard | § 176.260 Pulp from reclaimed fiber. | FDA | (a) Pulp from reclaimed fiber may be safely used as a component of articles used in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, subject to the provisions of paragraph (b) of this section. (b) Pulp from reclaimed fiber is prepared from the paper and paperboard products described in paragraphs (b)(1) and (2) of this section, by repulping with water to recover the fiber with the least possible amount of nonfibrous substances. (1) Industrial waste from the manufacture of paper and paperboard products excluding that which bears or contains any poisonous or deleterious substance which is retained in the recovered pulp and that migrates to the food, except as provided in regulations promulgated under sections 406 and 409 of the Federal Food, Drug, and Cosmetic Act. (2) Salvage from used paper and paperboard excluding that which (i) bears or contains any poisonous or deleterious substance which is retained in the recovered pulp and that migrates to the food, except as provided in regulations promulgated under sections 406 and 409 of the act or (ii) has been used for shipping or handling any such substance. | ||||
| 21:21:3.0.1.1.7.2.1.13 | 21 | Food and Drugs | I | B | 176 | PART 176—INDIRECT FOOD ADDITIVES: PAPER AND PAPERBOARD COMPONENTS | B | Subpart B—Substances for Use Only as Components of Paper and Paperboard | § 176.300 Slimicides. | FDA | [42 FR 14554, Mar. 15, 1977, as amended at 42 FR 41854, Aug. 19, 1977; 44 FR 75627, Dec. 21, 1979; 46 FR 36129, July 14, 1981; 49 FR 5748, Feb. 15, 1984; 51 FR 19059, May 27, 1986; 51 FR 43734, Dec. 4, 1986; 54 FR 18103, Apr. 27, 1989; 55 FR 31825, Aug. 6, 1990; 64 FR 46130, Aug. 24, 1999; 64 FR 69900, Dec. 15, 1999; 65 FR 40497, June 30, 2000; 65 FR 70790, Nov. 28, 2000; 69 FR 24512, May 4, 2004; 87 FR 31089, May 20, 2022] | (a) Slimicides may be safely used in the manufacture of paper and paperboard that contact food, in accordance with the following prescribed conditions: (1) Slimicides are used as antimicrobial agents to control slime in the manufacture of paper and paperboard. (2) Subject to any prescribed limitations, slimicides are prepared from one or more of the slime-control substances named in paragraph (c) of this section to which may be added optional adjuvant substances as provided for under paragraph (d) of this section. (3) Slimicides are added to the process water used in the production of paper or paperboard, and the quantity added shall not exceed the amount necessary to accomplish the intended technical effect. (b) To insure safe usage, the label or labeling of slimicides shall bear adequate directions for use. (c) Slime-control substances permitted for use in the preparation of slimicides include substances subject to prior sanction or approval for such use and the following: (d) Adjuvant substances permitted to be used in the preparation of slimicides include substances generally recognized as safe for use in food, substances generally recognized as safe for use in paper and paperboard, substances permitted to be used in paper and paperboard by other regulations in this chapter, and the following: Acetone. Butlylene oxide. N,N- Dimethylformamide. Ethanolamine. Ethylene glycol. Ethylenediamine. N- methyl-2-pyrrolidone (CAS Reg. No. 872-50-4). a,a′- [Methylenebis[4-(1,1,3,3-tetramethylbutyl)- o- phenylene]] bis [ omega- hydroxypoly (oxyethylene)] having 6-7.5 moles of ethylene oxide per hydroxyl group. Monomethyl ethers of mono-, di-, and tripropylene glycol. Nonylphenol reaction product with 9 to 12 molecules of ethylene oxide. Octylphenol reaction product with 25 molecules of propylene oxide and 40 molecules of ethylene oxide. Acetone. Butlylene oxide. N,N- Dimethylformamide. Ethanolamine. Ethylene glycol. Ethylenediamine. N- methyl-2-pyrrolidone (CAS Reg. No. 872-50-4… | |||
| 21:21:3.0.1.1.7.2.1.14 | 21 | Food and Drugs | I | B | 176 | PART 176—INDIRECT FOOD ADDITIVES: PAPER AND PAPERBOARD COMPONENTS | B | Subpart B—Substances for Use Only as Components of Paper and Paperboard | § 176.320 Sodium nitrate-urea complex. | FDA | Sodium nitrate-urea complex may be safely used as a component of articles intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, subject to the provisions of this section. (a) Sodium nitrate-urea complex is a clathrate of approximately two parts urea and one part sodium nitrate. (b) Sodium nitrate-urea complex conforming to the limitations prescribed in paragraph (b)(1) of this section is used as provided in paragraph (b)(2) of this section. (1) Limitations. (i) It is used as a plasticizer in glassine and greaseproof paper. (ii) The amount used does not exceed that required to accomplish its intended technical effect or exceed 15 percent by weight of the finished paper. (2) Conditions of use. The glassine and greaseproof papers are used for packaging dry food or as the food-contact surface for dry food. | ||||
| 21:21:3.0.1.1.7.2.1.15 | 21 | Food and Drugs | I | B | 176 | PART 176—INDIRECT FOOD ADDITIVES: PAPER AND PAPERBOARD COMPONENTS | B | Subpart B—Substances for Use Only as Components of Paper and Paperboard | § 176.350 Tamarind seed kernel powder. | FDA | Tamarind seed kernel powder may be safely used as a component of articles intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, subject to the provisions of this section. (a) Tamarind seed kernel powder is the ground kernel of tamarind seed ( Tamarindus indica L.) after removal of the seed coat. (b) It is used in the manufacture of paper and paperboard. | ||||
| 21:21:3.0.1.1.7.2.1.2 | 21 | Food and Drugs | I | B | 176 | PART 176—INDIRECT FOOD ADDITIVES: PAPER AND PAPERBOARD COMPONENTS | B | Subpart B—Substances for Use Only as Components of Paper and Paperboard | § 176.120 Alkyl ketene dimers. | FDA | Alkyl ketene dimers may be safely used as a component of articles intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, subject to the provisions of this section. (a) The alkyl ketene dimers are manufactured by the dehydrohalogenation of the acyl halides derived from the fatty acids of animal or vegetable fats and oils. (b) The alkyl ketene dimers are used as an adjuvant in the manufacture of paper and paperboard under such conditions that the alkyl ketene dimers and their hydrolysis products dialkyl ketones do not exceed 0.4 percent by weight of the paper or paperboard. (c) The alkyl ketene dimers may be used in the form of an aqueous emulsion which may contain sodium lignosulfonate as a dispersant. | ||||
| 21:21:3.0.1.1.7.2.1.3 | 21 | Food and Drugs | I | B | 176 | PART 176—INDIRECT FOOD ADDITIVES: PAPER AND PAPERBOARD COMPONENTS | B | Subpart B—Substances for Use Only as Components of Paper and Paperboard | § 176.130 Anti-offset substances. | FDA | Substances named in paragraphs (b) and (c) of this section may be safely used to prevent the transfer of inks employed in printing and decorating paper and paperboard used for food packaging in accordance with the provisions of this section: (a) The substances are applied to the nonfood contact, printed side of the paper or paperboard in an amount not greater than that required to accomplish the technical effect nor greater than any specific limitations, where such are provided. (b) Anti-offset powders are prepared from substances that are generally recognized as safe in food, substances for which prior sanctions or approvals were granted and which are used in accordance with the specific provisions of such sanction or approval, and substances named in paragraph (c) of this section. (c) The substances permitted are as follows: | ||||
| 21:21:3.0.1.1.7.2.1.4 | 21 | Food and Drugs | I | B | 176 | PART 176—INDIRECT FOOD ADDITIVES: PAPER AND PAPERBOARD COMPONENTS | B | Subpart B—Substances for Use Only as Components of Paper and Paperboard | § 176.150 Chelating agents used in the manufacture of paper and paperboard. | FDA | The substances named in paragraph (a) of this section may be safely used in the manufacture of paper and paperboard, in accordance with the conditions prescribed in paragraphs (b) and (c) of this section: (a) Chelating agents: (b) Any one or any combination of the substances named is used or intended for use as chelating agents. (c) The substances are added in an amount not greater than that required to accomplish the intended technical effect nor greater than any specific limitation, where such is provided. | ||||
| 21:21:3.0.1.1.7.2.1.5 | 21 | Food and Drugs | I | B | 176 | PART 176—INDIRECT FOOD ADDITIVES: PAPER AND PAPERBOARD COMPONENTS | B | Subpart B—Substances for Use Only as Components of Paper and Paperboard | § 176.160 Chromium (Cr III) complex of | FDA | The chromium (Cr III) complex of N- ethyl - N - heptadecylfluoro-octane sulfonyl glycine containing up to 20 percent by weight of the chromium (Cr III) complex of heptadecylfluoro-octane sulfonic acid may be safely used as a component of paper for packaging dry food when used in accordance with the following prescribed conditions. (a) The food additive is used as a component of paper in an amount not to exceed 0.5 percent by weight of the paper. (b)(1) The food-contact surface of the paper is overcoated with a polymeric or resinous coating at least 1/3 -mil in thickness, that meets the provision of § 176.170; or (2) The treated paper forms one or more plies of a paper in a multiwall bag and is separated from the food by at least one ply of packaging films or grease-resistant papers which serves as a functional barrier between the food additive and the food. Such packaging films or grease-resistant papers conform with appropriate food additive regulations. (c) The labeling of the food additive shall contain adequate directions for its use to insure compliance with the requirements of paragraphs (a) and (b) of this section. | ||||
| 21:21:3.0.1.1.7.2.1.6 | 21 | Food and Drugs | I | B | 176 | PART 176—INDIRECT FOOD ADDITIVES: PAPER AND PAPERBOARD COMPONENTS | B | Subpart B—Substances for Use Only as Components of Paper and Paperboard | § 176.170 Components of paper and paperboard in contact with aqueous and fatty foods. | FDA | [42 FR 14554, Mar. 15, 1977] | Substances identified in this section may be safely used as components of the uncoated or coated food-contact surface of paper and paperboard intended for use in producing, manufacturing, packaging, processing, preparing, treating, packing, transporting, or holding aqueous and fatty foods, subject to the provisions of this section. Components of paper and paperboard in contact with dry food of the type identified under Type VIII of table 1 in paragraph (c) of this section are subject to the provisions of § 176.180. (a) Substances identified in paragraph (a)(1) through (5) of this section may be used as components of the food-contact surface of paper and paperboard. Paper and paperboard products shall be exempted from compliance with the extractives limitations prescribed in paragraph (c) of this section: Provided, That the components of the food-contact surface consist entirely of one or more of the substances identified in this paragraph: And provided further, That if the paper or paperboard when extracted under the conditions prescribed in paragraph (c) of this section exceeds the limitations on extractives contained in paragraph (c) of this section, information shall be available from manufacturing records from which it is possible to determine that only substances identified in this paragraph (a) are present in the food-contact surface of such paper or paperboard. (1) Substances generally recognized as safe in food. (2) Substances generally recognized as safe for their intended use in paper and paperboard products used in food packaging. (3) Substances used in accordance with a prior sanction or approval. (4) Substances that by regulation in parts 170 through 189 of this chapter may be safely used without extractives limitations as components of the uncoated or coated food-contact surface of paper and paperboard in contact with aqueous or fatty food, subject to the provisions of such regulation. (5) Substances identified in this paragraph, as follows: (b) Substances identified in paragraphs (b)(1) … | |||
| 21:21:3.0.1.1.7.2.1.7 | 21 | Food and Drugs | I | B | 176 | PART 176—INDIRECT FOOD ADDITIVES: PAPER AND PAPERBOARD COMPONENTS | B | Subpart B—Substances for Use Only as Components of Paper and Paperboard | § 176.180 Components of paper and paperboard in contact with dry food. | FDA | [42 FR 14554, Mar. 15, 1977] | The substances listed in this section may be safely used as components of the uncoated or coated food-contact surface of paper and paperboard intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding dry food of the type identified in § 176.170(c), table 1, under Type VIII, subject to the provisions of this section. (a) The substances are used in amounts not to exceed that required to accomplish their intended physical or technical effect, and are so used as to accomplish no effect in food other than that ordinarily accomplished by packaging. (b) The substances permitted to be used include the following: (1) Substances that by § 176.170 and other applicable regulations in parts 170 through 189 of this chapter may be safely used as components of the uncoated or coated food-contact surface of paper and paperboard, subject to the provisions of such regulation. (2) Substances identified in the following list: | |||
| 21:21:3.0.1.1.7.2.1.8 | 21 | Food and Drugs | I | B | 176 | PART 176—INDIRECT FOOD ADDITIVES: PAPER AND PAPERBOARD COMPONENTS | B | Subpart B—Substances for Use Only as Components of Paper and Paperboard | § 176.200 Defoaming agents used in coatings. | FDA | [42 FR 14554, Mar. 15, 1977, as amended at 62 FR 39772, July 24, 1997] | The defoaming agents described in this section may be safely used as components of articles intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, subject to the provisions of this section. (a) The defoaming agents are prepared as mixtures of substances described in paragraph (d) of this section. (b) The quantity of any substance employed in the formulation of defoaming agents does not exceed the amount reasonably required to accomplish the intended physical or technical effect in the defoaming agents or any limitation further provided. (c) Any substance employed in the production of defoaming agents and which is the subject of a regulation in parts 174, 175, 176, 177, 178 and § 179.45 of this chapter conforms with any specification in such regulation. (d) Substances employed in the formulation of defoaming agents include: (1) Substances generally recognized as safe in food. (2) Substances subject to prior sanction or approval for use in defoaming agents and used in accordance with such sanction or approval. (3) Substances identified in this paragraph (d)(3) and subject to such limitations as are provided: (e) The defoaming agents are used as follows: (1) The quantity of defoaming agent or agents used shall not exceed the amount reasonably required to accomplish the intended effect, which is to prevent or control the formation of foam. (2) The defoaming agents are used in the preparation and application of coatings for paper and paperboard. | |||
| 21:21:3.0.1.1.7.2.1.9 | 21 | Food and Drugs | I | B | 176 | PART 176—INDIRECT FOOD ADDITIVES: PAPER AND PAPERBOARD COMPONENTS | B | Subpart B—Substances for Use Only as Components of Paper and Paperboard | § 176.210 Defoaming agents used in the manufacture of paper and paperboard. | FDA | [42 FR 14554, Mar. 15, 1977, as amended at 47 FR 17986, Apr. 27, 1982; 47 FR 46495, Oct. 19, 1982; 47 FR 56845, Dec. 21, 1982; 54 FR 24897, June 12, 1989; 57 FR 31313, July 15, 1992; 61 FR 14246, Apr. 1, 1996] | Defoaming agents may be safely used in the manufacture of paper and paperboard intended for use in packaging, transporting, or holding food in accordance with the following prescribed conditions: (a) The defoaming agents are prepared from one or more of the substances named in paragraph (d) of this section, subject to any prescribed limitations. (b) The defoaming agents are used to prevent or control the formation of foam during the manufacture of paper and paperboard prior to and during the sheet-forming process. (c) The quantity of defoaming agent or agents added during the manufacturing process shall not exceed the amount necessary to accomplish the intended technical effect. (d) Substances permitted to be used in the formulation of defoaming agents include substances subject to prior sanctions or approval for such use and employed subject to the conditions of such sanctions or approvals, substances generally recognized as safe for use in food, substances generally recognized as safe for use in paper and paperboard, and substances listed in this paragraph, subject to the limitations, if any, prescribed. (1) Fatty triglycerides, and the fatty acids, alcohols, and dimers derived therefrom: Beef tallow. Castor oil. Coconut oil. Corn oil. Cottonseed oil. Fish oil. Lard oil. Linseed oil. Mustardseed oil. Palm oil. Peanut oil. Rapeseed oil. Ricebran oil. Soybean oil. Sperm oil. Tall oil. Beef tallow. Castor oil. Coconut oil. Corn oil. Cottonseed oil. Fish oil. Lard oil. Linseed oil. Mustardseed oil. Palm oil. Peanut oil. Rapeseed oil. Ricebran oil. Soybean oil. Sperm oil. Tall oil. (2) Fatty triglycerides, and marine oils, and the fatty acids and alcohols derived therefrom (paragraph (d)(1) of this section) reacted with one or more of the following, with or without dehydration, to form chemicals of the category indicated in parentheses: Aluminum hydroxide (soaps). Ammonia (amides). Butanol (esters). Butoxy-polyoxypropylene, molecular weigh… | |||
| 40:40:26.0.1.1.24.0.19.1 | 40 | Protection of Environment | I | E | 176 | PART 176—TIME-LIMITED TOLERANCES FOR EMERGENCY EXEMPTIONS | § 176.1 Scope and applicability. | EPA | This part describes the procedures and criteria under which EPA will establish time-limited tolerances and exemptions from the requirement of a tolerance for pesticide chemical residues associated with use of pesticides under emergency or crisis exemptions under FIFRA section 18. This part applies only to tolerances issued on the initiative of EPA as the result of the issuance of an emergency exemption or the declaration of a crisis exemption. This part does not cover time-limited tolerances in any other circumstances. | ||||||
| 40:40:26.0.1.1.24.0.19.2 | 40 | Protection of Environment | I | E | 176 | PART 176—TIME-LIMITED TOLERANCES FOR EMERGENCY EXEMPTIONS | § 176.3 Definitions. | EPA | The terms have the same meaning as in the Federal Insecticide, Fungicide, and Rodenticide Act section 2, and in the Federal Food, Drug, and Cosmetic Act section 201 and § 166.3 of this chapter. In addition, the following terms are defined for the purposes of this part. Agency means the U.S. Environmental Protection Agency. Applicant means any entity authorized under section 18 of FIFRA to request an emergency exemption that requests such an exemption under § 166.20 of this chapter, or issues a crisis exemption under § 166.40 of this chapter. Crisis exemption means an exemption authorized under FIFRA section 18, in accordance with §§ 166.40 through 166.53 of this chapter. Emergency exemption means a specific, quarantine, or public health exemption authorized under FIFRA section 18 and the regulations at §§ 166.20 through 166.35 of this chapter. EPA means the U.S. Environmental Protection Agency. FFDCA means the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq. ). FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C 136 et seq. ). Tolerance means the maximum amount of a pesticide chemical residue that may lawfully be present in or on a raw agricultural commodity, or processed food, or animal feed, expressed as parts per million by weight of the pesticide chemical residue in the food or feed. Tolerance exemption means a formal determination by the Agency pursuant to FFDCA section 408(c), 21 U.S.C 346a(c), that no tolerance is needed for a given pesticide chemical residue in or on a particular food commodity. For purposes of this part, the term “tolerance” shall include an exemption from the requirement of a tolerance. | ||||||
| 40:40:26.0.1.1.24.0.19.3 | 40 | Protection of Environment | I | E | 176 | PART 176—TIME-LIMITED TOLERANCES FOR EMERGENCY EXEMPTIONS | § 176.5 Establishment of a time-limited tolerance or exemption. | EPA | EPA will establish a time-limited tolerance for pesticide chemical residues in or on raw or processed food or feed resulting from the use of a pesticide chemical, if EPA authorizes an emergency exemption or a crisis exemption. EPA will consider establishing such a tolerance only if an applicant acting under authority of FIFRA section 18 either has requested an emergency exemption, has stated its intention to issue a crisis exemption, or has issued a crisis exemption for a use that may result, directly or indirectly, in pesticide chemical residues in food or feed. | ||||||
| 40:40:26.0.1.1.24.0.19.4 | 40 | Protection of Environment | I | E | 176 | PART 176—TIME-LIMITED TOLERANCES FOR EMERGENCY EXEMPTIONS | § 176.7 Information needed to establish a tolerance. | EPA | (a) EPA will establish a time-limited tolerance only if EPA can determine that the tolerance is safe, that is, there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue. EPA will base its determination upon data submitted by the applicant and other readily available data. If, taking into account the limited duration and emergency nature of a section 18 application, and based on the available data the Agency cannot conclude that there is a reasonable certainty that no harm will result from the use proposed by the applicant or granted pursuant to a crisis exemption, EPA will not establish a tolerance. (b) Data and other relevant information to support the establishment of a time-limited tolerance may be submitted by the applicant, or by any other person, in support of the time-limited tolerance. The applicant may also cite relevant data previously submitted to the Agency. | ||||||
| 40:40:26.0.1.1.24.0.19.5 | 40 | Protection of Environment | I | E | 176 | PART 176—TIME-LIMITED TOLERANCES FOR EMERGENCY EXEMPTIONS | § 176.9 Publication of a tolerance. | EPA | (a) If EPA issues an emergency exemption or crisis exemption under FIFRA section 18, and EPA concludes that the tolerance for residues resulting from use of the pesticide under the exemption will be safe, then EPA will establish the tolerance by publishing an amendment to 40 CFR part 180 in the Federal Register. (b) A tolerance under this part may be established without prior publication of a proposed tolerance or comment period. | ||||||
| 40:40:26.0.1.1.24.0.19.6 | 40 | Protection of Environment | I | E | 176 | PART 176—TIME-LIMITED TOLERANCES FOR EMERGENCY EXEMPTIONS | § 176.11 Duration of a tolerance. | EPA | (a) Tolerances issued under this part will become effective upon publication in the Federal Register, unless otherwise specified by the Administrator. (b) Unless extended, tolerances will automatically expire and be revoked, without further action by EPA, at the time set out in the final rule published in Federal Register. (c) The Administrator may revoke a tolerance at any time if the Administrator determines that the tolerance is no longer safe. | ||||||
| 40:40:26.0.1.1.24.0.19.7 | 40 | Protection of Environment | I | E | 176 | PART 176—TIME-LIMITED TOLERANCES FOR EMERGENCY EXEMPTIONS | § 176.13 Modification of a time-limited tolerance. | EPA | If additional emergency or crisis exemptions are authorized that would extend use beyond the date originally authorized, or if EPA determines that the duration of a time-limited tolerance is insufficient to allow treated commodities to clear the channels of trade, EPA may modify the time-limited tolerance by publication of a final rule in the Federal Register. EPA will use the same criteria and procedures for modification as for establishing tolerances under this part. | ||||||
| 40:40:26.0.1.1.24.0.19.8 | 40 | Protection of Environment | I | E | 176 | PART 176—TIME-LIMITED TOLERANCES FOR EMERGENCY EXEMPTIONS | § 176.15 Effect of a tolerance. | EPA | The establishment of a tolerance under this part does not alter the requirement that any applicant comply with procedures established in part 166 of this chapter for emergency exemptions of FIFRA. | ||||||
| 46:46:7.0.1.3.11.1.63.1 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | A | Subpart A—General Provisions; Certificate of Inspection | § 176.1 Preemptive effect. | USCG | [USCG-2006-24797, 77 FR 33890, June 7, 2012] | The regulations in this part have preemptive effect over State or local regulations in the same field. | |||
| 46:46:7.0.1.3.11.1.63.10 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | A | Subpart A—General Provisions; Certificate of Inspection | § 176.114 Alternative requirements for a vessel operating as other than a small passenger vessel. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended by CGD 97-057, 62 FR 51049, Sept. 30, 1997] | (a) When authorized by the cognizant OCMI by an endorsement of the vessel's Certificate of Inspection, a small passenger vessel carrying six or less passengers, or operating as a commercial fishing vessel or other uninspected vessel, or carrying less than twelve passengers and operating as a recreational vessel, need not meet requirements of: (1) Subparts C, D, and E, of part 180 of this chapter if the vessel is in satisfactory compliance with the lifesaving equipment regulations for an uninspected vessel or recreational vessel in a similar service; (2) Subpart C of part 177, and parts 178 and 179 of this chapter if the vessel is in satisfactory compliance with applicable regulations for an uninspected vessel or recreational vessel in a similar service or if the owner of the vessel otherwise establishes to the satisfaction of the cognizant OCMI that the vessel is seaworthy for the intended service; and (3) Sections 184.404 and 184.410 of this chapter providing the vessel is in satisfactory compliance with applicable regulations for an uninspected or recreational vessel in a similar service. (b) A vessel operating under the alternative regulations of paragraph (a) of this section must: (1) Not alter the arrangement of the vessel nor remove any equipment required by the certificate for the intended operation, without the consent of the cognizant OCMI; (2) Comply with the minimum manning specified on the Certificate of Inspection, which may include reduced manning depending on the number of passengers and operation of the vessel; (3) When carrying from one to six passengers, except for a vessel being operated as a recreational vessel, make the announcement required by § 185.506(a) of this chapter before getting underway; and (4) If a vessel of more than 15 gross tons, not carry freight for hire. (c) The endorsement issued under paragraph (a) of this section must indicate the route, maximum number of passengers, and the manning required to operate under the provisions of this section. | |||
| 46:46:7.0.1.3.11.1.63.11 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | A | Subpart A—General Provisions; Certificate of Inspection | § 176.120 Certificate of Inspection amendment. | USCG | (a) An amended Certificate of Inspection may be issued at any time by any OCMI. The amended Certificate of Inspection replaces the original, but the expiration date remains the same as that of the original. An amended Certificate of Inspection may be issued to authorize and record a change in the dimensions, gross tonnage, owner, managing operator, manning, persons permitted, route permitted, conditions of operations, or equipment of a vessel, from that specified in the current Certificate of Inspection. (b) A request for an amended Certificate of Inspection must be made to the cognizant OCMI by the owner or managing operator of the vessel at any time there is a change in the character of a vessel or in its route, equipment, ownership, operation, or similar factors specified in its current Certificate of Inspection. (c) The OCMI may require an inspection prior to the issuance of an amended Certificate of Inspection. | ||||
| 46:46:7.0.1.3.11.1.63.2 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | A | Subpart A—General Provisions; Certificate of Inspection | §§ 176.2-176.99 [Reserved] | USCG | |||||
| 46:46:7.0.1.3.11.1.63.3 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | A | Subpart A—General Provisions; Certificate of Inspection | § 176.100 When required. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996; 61 FR 20557, May 7, 1996] | (a) A vessel to which this subchapter applies may not be operated without having on board a valid U.S. Coast Guard Certificate of Inspection. (b) Except as noted in § 176.114 of this part, each vessel inspected and certificated under the provisions of this subchapter must, when any passengers are aboard during the tenure of the certificate, be in full compliance with the terms of the certificate. (c) If necessary to prevent delay of the vessel, a temporary Certificate of Inspection may be issued pending the issuance and delivery of the regular Certificate of Inspection. The temporary certificate must be carried in the same manner as the regular certificate and is considered the same as the regular Certificate of Inspection that it represents. (d) A vessel on a foreign voyage between a port in the United States and a port in a foreign country, whose Certificate of Inspection expires during the voyage, may lawfully complete the voyage without a valid Certificate of Inspection provided the voyage is completed within 30 days of expiration and the certificate did not expire within 15 days of sailing on the foreign voyage from a U.S. port. | |||
| 46:46:7.0.1.3.11.1.63.4 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | A | Subpart A—General Provisions; Certificate of Inspection | § 176.103 Description. | USCG | The Certificate of Inspection issued to a vessel describes the vessel, the route(s) that it may travel, the minimum manning requirements, the survival and rescue craft carried, the minimum fire extinguishing equipment and lifejackets required to be carried, the maximum number of passengers and total persons that may be carried, the number of passengers the vessel may carry in overnight accommodation spaces, the name of the owner and managing operator, any equivalencies accepted or authorized by the Commandant or any Officer in Charge, Marine Inspection (OCMI) in accordance with § 175.540 or § 175.550 of this chapter, and such other conditions of operations as may be determined by the cognizant OCMI. | ||||
| 46:46:7.0.1.3.11.1.63.5 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | A | Subpart A—General Provisions; Certificate of Inspection | § 176.105 How to obtain or renew. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996; 61 FR 20557, May 7, 1996, as amended by USCG-2006-25556, 72 FR 36331, July 2, 2007] | (a) A Certificate of Inspection is obtained or renewed by making application on Form CG 3752, “Application for Inspection of U.S. Vessel,” to the Coast Guard OCMI of the marine inspection zone in which the inspection is to be made. Form CG-3752 may be obtained at any U.S. Coast Guard Sector Office or Marine Inspection Office. (b) The application for initial inspection of a vessel being newly constructed or converted must be submitted prior to the start of the construction or conversion. (c) The construction, arrangement, and equipment of each vessel must be acceptable to the cognizant OCMI as a prerequisite of the issuance of the initial Certificate of Inspection. Acceptance is based on the information, specifications, drawings and calculations available to the OCMI, and on the successful completion of an initial inspection for certification. (d) A Certificate of Inspection is renewed by the issuance of a new Certification of Inspection. (e) The condition of the vessel and its equipment must be acceptable to the cognizant OCMI as a prerequisite to the Certificate of Inspection renewal. Acceptance is based on the condition of the vessel as found at the periodic inspection for certification. | |||
| 46:46:7.0.1.3.11.1.63.6 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | A | Subpart A—General Provisions; Certificate of Inspection | § 176.107 Period of validity for a Certificate of Inspection. | USCG | [USCG-1999-4976, 65 FR 6508, Feb. 9, 2000] | (a) A Certificate of Inspection is valid for 1 year for vessels carrying more than 12 passengers on international voyages. (b) A Certificate of Inspection is valid for 5 years for all other vessels. (c) A Certificate of Inspection may be suspended and withdrawn or revoked by the cognizant OCMI at any time for noncompliance with the requirements of this subchapter. | |||
| 46:46:7.0.1.3.11.1.63.7 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | A | Subpart A—General Provisions; Certificate of Inspection | § 176.110 Routes permitted. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996; 61 FR 20557, May 7, 1996, as amended by USCG-2007-0030, 75 FR 78087, Dec. 14, 2010] | (a) The area of operation for each vessel and any necessary operational limits are determined by the cognizant OCMI, and recorded on the vessel's Certificate of Inspection. Each area of operation, referred to as a route, is described on the Certificate of Inspection under the major headings “Oceans,” “Coastwise,” “Limited Coastwise,” “Great Lakes,” “Lakes, Bays, and Sounds,” or “Rivers,” 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, and similar factors. (b) Operation of a vessel on a route of lesser severity than those specifically described or designated on the Certificate of Inspection is permitted unless expressly prohibited on the Certificate of Inspection. The general order of severity of routes is: oceans, coastwise, limited coastwise, Great Lakes, lakes, bays, and sounds, and rivers. The cognizant OCMI may prohibit a vessel from operating on a route of lesser severity than the primary route a vessel is authorized to operate on if local conditions necessitate such a restriction. (c) Non-self-propelled vessels are prohibited from operating on an oceans, coastwise, limited coastwise, or Great Lakes route unless the Commandant approves such a route. (d) When designating a permitted route or imposing any operational limits on a vessel, the OCMI may consider: (1) Requirements of this subchapter for which compliance is based on the route of the vessel; (2) The performance capabilities of the vessel based on design, scantlings, stability, subdivision, propulsion, speed, operating modes, maneuverability, and other characteristics; (3) The suitability of the vessel for nighttime operations; and (4) The suitability of the vessel for all environmental conditions. | |||
| 46:46:7.0.1.3.11.1.63.8 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | A | Subpart A—General Provisions; Certificate of Inspection | § 176.112 Total persons permitted. | USCG | [USCG-2007-0030, 75 FR 78087, Dec. 14, 2010] | The cognizant Officer in Charge, Marine Inspection (OCMI) determines the total number of persons permitted to be carried on a vessel. In determining the total number of persons, the OCMI may consider the total weight of passengers, crew, and variable loads; stability restrictions and subdivision requirements of the vessel; the vessel's route, general arrangement, means of escape, and lifesaving equipment; minimum manning requirements; and the maximum number of passengers permitted in accordance with § 176.113 of this part. | |||
| 46:46:7.0.1.3.11.1.63.9 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | A | Subpart A—General Provisions; Certificate of Inspection | § 176.113 Passengers permitted. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended by USCG-2006-24371, 74 FR 11266, Mar. 16, 2009] | (a) The maximum number of passengers permitted must be not more than that allowed by the requirements of this section, except as authorized by the OCMI under paragraph (d) of this section. (b) The maximum number of passengers permitted on any vessel may be the greatest number permitted by the length of rail criterion, deck area criterion, or fixed seating criterion described in this paragraph or a combination of these criteria as allowed by paragraph (c) of this section. (1) Length of rail criterion. One passenger may be permitted for each 760 millimeters (30 inches) of rail space available to the passengers at the periphery of each deck. The following rail space may not be used in determining the maximum number of passengers permitted: (i) Rail space in congested areas unsafe for passengers, such as near anchor handling equipment or line handling gear, in the way of sail booms, running rigging, or paddle wheels, or along pulpits; (ii) Rail space on stairways; and (iii) Rail space where persons standing in the space would block the vision of the individual operating the vessel. (2) Deck area criterion. One passenger may be permitted for each 0.9 square meters (10 square feet) of deck area available for the passengers' use. In computing such deck area, the areas occupied by the following must be excluded; (i) Areas for which the number of persons permitted is determined using the fixed seating criteria; (ii) Obstructions, including stairway and elevator enclosures, elevated stages, bars, and cashier stands, but not including slot machines, tables, or other room furnishings; (iii) Toilets and washrooms; (iv) Spaces occupied by and necessary for handling lifesaving equipment, anchor handling equipment or line handling gear, or in the way of sail booms or running rigging; (v) Spaces below deck that are unsuitable for passengers or that would not normally be used by passengers; (vi) Interior passageways less than 840 millimeters (34 inches) wide and passageways on open deck, less than 710 millimeters (… | |||
| 46:46:7.0.1.3.11.2.63.1 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | B | Subpart B—Special Permits and Certificates | § 176.202 Permit to proceed. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended by USCG-2014-0688, 79 FR 58288, Sept. 29, 2014] | (a) When a vessel is not in compliance with its Certificate of Inspection or fails to comply with a regulation of this subchapter, the cognizant OCMI may permit the vessel to proceed to another port for repair, if in the judgment of the OCMI, the trip can be completed safely, even if the Certificate of Inspection of the vessel has expired or is about to expire. (b) Form CG-948, “Permit to Proceed to another Port for Repairs,” may be issued by the cognizant OCMI to the owner, managing operator, or the master of the vessel stating the conditions under which the vessel may proceed to another port. The permit may be issued only upon the written application of the owner, managing operator, or master, and after the vessel's Certificate of Inspection is turned over to the OCMI. (c) A vessel may not carry passengers when operating in accordance with a permit to proceed, unless the cognizant OCMI determines that it is safe to do so. | |||
| 46:46:7.0.1.3.11.2.63.2 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | B | Subpart B—Special Permits and Certificates | § 176.204 Permit to carry excursion party. | USCG | (a) The cognizant OCMI may permit a vessel to engage in a temporary excursion operation with a greater number of persons or on a more extended route, or both, than permitted by its Certificate of Inspection when, in the opinion of the OCMI, the operation can be undertaken safely. (b) Upon the written application of the owner or managing operator of the vessel, the cognizant OCMI may issue a Form CG-949, “Permit To Carry Excursion Party,” to indicate his or her permission to carry an excursion party. The OCMI will indicate on the permit the conditions under which it is issued, the number of persons the vessel may carry, the crew required, any additional lifesaving or safety equipment required, the route for which the permit is granted, and the dates on which the permit is valid. (c) The number of passengers normally permitted on an excursion vessel shall be governed by § 176.113. (d) The OCMI will not normally waive the applicable minimum safety standards when issuing an excursion permit. In particular, a vessel that is being issued an excursion permit will normally be required to meet the minimum stability, survival craft, life jacket, fire safety, and manning standards applicable to a vessel in the service for which the excursion permit is requested. (e) The permit acts as a temporary, limited duration supplement to the vessel's Certificate of Inspection and must be carried with the Certificate of Inspection. A 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. (f) The OCMI may require an inspection prior to the issuance of a permit to carry an excursion party. | ||||
| 46:46:7.0.1.3.11.3.63.1 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | C | Subpart C—Posting of Certificates, Permits, and Stability Letters | § 176.302 Certificates and permits. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended by CGD 97-057, 62 FR 51049, Sept. 30, 1997] | The Certificate of Inspection and any SOLAS Certificates must be posted under glass or other suitable transparent material, such that all pages are visible, in a conspicuous place on the vessel where observation by passengers is likely. If posting is impracticable, such as in an open boat, the certificates must be kept on board in a weathertight container readily available for use by the crew and display to passengers and others on request. | |||
| 46:46:7.0.1.3.11.3.63.2 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | C | Subpart C—Posting of Certificates, Permits, and Stability Letters | § 176.306 Stability letter. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended by CGD 97-057, 62 FR 51049, Sept. 30, 1997] | When, in accordance with § 178.210 of this chapter, a vessel must be provided with a stability letter, the stability letter must be posted under glass or other suitable transparent material, such that all pages are visible, at the operating station of the vessel. If posting is impracticable, the stability letter must be kept on board in a weathertight container readily available for use by the crew and display to passengers and others on request. | |||
| 46:46:7.0.1.3.11.3.63.3 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | C | Subpart C—Posting of Certificates, Permits, and Stability Letters | § 176.310 Certification Expiration Date Stickers. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996; 61 FR 20557, May 7, 1996] | (a) A Certification Expiration Date Sticker indicates the date upon which the vessel's Certificate of Inspection expires and is provided by the cognizant OCMI in the number required, upon issuance or renewal of the Certificate of Inspection. (b) A vessel that is issued a Certificate of Inspection under the provisions of this subchapter must be not be operated without a valid Certification Expiration Date Sticker affixed to the vessel on a place that is: (1) A glass or other smooth surface from which the sticker may be removed without damage to the vessel; (2) Readily visible to each passenger prior to boarding the vessel and to patrolling Coast Guard law enforcement personnel; and (3) Acceptable to the Coast Guard marine inspector. (c) The Coast Guard marine inspector may require the placement of more than one sticker in order to insure compliance with paragraph (b)(2) of this section. | |||
| 46:46:7.0.1.3.11.4.63.1 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | D | Subpart D—Inspection for Certification | § 176.400 General. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996; 61 FR 20557, May 7, 1996, as amended at 62 FR 51356, Sept. 30, 1997] | (a) An inspection is required before the issuance of a Certificate of Inspection. Such an inspection for certification is not made until after receipt of the application for inspection required by § 176.105. (b) Upon receipt of a written application for inspection, the cognizant OCMI assigns a marine inspector to inspect the vessel for compliance with this subchapter at a time and place mutually agreed upon by the OCMI and the owner, managing operator, or representative thereof. (c) The owner, managing operator, or a representative thereof shall be present during the inspection. | |||
| 46:46:7.0.1.3.11.4.63.2 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | D | Subpart D—Inspection for Certification | § 176.402 Initial inspection for certification. | USCG | (a) Before construction or conversion of a vessel intended for small passenger vessel service, the owner of the vessel shall submit plans, manuals, and calculations indicating the proposed arrangement, construction, and operations of the vessel, to the cognizant OCMI for approval, except when submitted to the Marine Safety Center (MSC) as allowed by part 177 of this subchapter. The plan, manuals, and calculations required to be submitted and the disposition of these plans are set forth in part 177, Subpart B of this chapter. (b) The initial inspection is conducted to determine that the vessel and its equipment comply with applicable regulations and that the vessel was built or converted in accordance with approved plans, manuals, and calculations. Additionally, during the inspection, the materials, workmanship, and condition of all parts of the vessel and its machinery and equipment may be checked to determine if the vessel is satisfactory in all respects for the service intended. (c) The owner or managing operator of a vessel shall ensure that the vessel complies with the laws and regulations applicable to the vessel and that the vessel is otherwise satisfactory for the intended service. The initial inspection may include an inspection of the following items: (1) The arrangement, installation, materials, and scantlings of the structure including the hull and superstructure, yards, masts, spars, rigging, sails, piping, main and auxiliary machinery, pressure vessels, steering apparatus, electrical installation, fire resistant construction materials, life saving appliances, fire detecting and extinguishing equipment, pollution prevention equipment, and all other equipment; (2) Sanitary conditions and fire hazards; and (3) Certificates and operating manuals, including certificates issued by the FCC. (d) During an initial inspection for certification the owner or managing operator shall conduct all tests and make the vessel available for all applicable inspections discussed in this paragraph, and in Subpart H o… | ||||
| 46:46:7.0.1.3.11.4.63.3 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | D | Subpart D—Inspection for Certification | § 176.404 Subsequent inspections for certification. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996; 61 FR 20557, May 7, 1996; USCG-1999-4976, 65 FR 6508, Feb. 9, 2000; USCG-2003-14749, 68 FR 39315, July 1, 2003] | (a) An inspection for renewal of a Certificate of Inspection is conducted to determine if the vessel is in satisfactory condition, fit for the service intended, and complies with all applicable regulations. It normally includes inspection and testing of the structure, machinery, equipment, and on a sailing vessel, rigging and sails. The owner or operator must conduct all tests as required by the OCMI, and make the vessel available for all specific inspections and drills required by subpart H of this part. In addition, the OCMI may require the vessel to get underway. (b) You must submit your written application for renewal of a Certificate of Inspection to the OCMI at least 30 days prior to the expiration date of the Certificate of Inspection, as required in § 176.105 of this part. | |||
| 46:46:7.0.1.3.11.5.63.1 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | E | Subpart E—Reinspection | § 176.500 When required. | USCG | [USCG-1999-4976, 65 FR 6508, Feb. 9, 2000] | (a) Vessels carrying more than 12 passengers on international voyages must undergo an inspection for certification each year as specified in § 176.404. (b) All other vessels must undergo an inspection for certification as specified in § 176.404 and annual inspection as specified in paragraph (b)(1) of this section. (1) Annual inspection. Your vessel must undergo an annual inspection within the 3 months before or after each anniversary date. (i) You must contact the cognizant OCMI to schedule an inspection at a time and place which he or she approves. No written application is required. (ii) The scope of the annual inspection is the same as the inspection for certification 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. (iii) 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 OCMI. (iv) 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. (2) [Reserved] | |||
| 46:46:7.0.1.3.11.5.63.2 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | E | Subpart E—Reinspection | § 176.502 Certificate of Inspection: Conditions of validity. | USCG | [USCG-1999-4976, 65 FR 6508, Feb. 9, 2000] | To maintain a valid Certificate of Inspection, you must complete your annual inspection within the periods specified in § 176.500(b)(1) and your Certificate of Inspection must be endorsed. | |||
| 46:46:7.0.1.3.11.6.63.1 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | F | Subpart F—Hull and Tailshaft Examinations | § 176.600 Drydock and internal structural examination intervals. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended at 62 FR 51356, Sept. 30, 1997; USCG-2000-6858, 67 FR 21084, Apr. 29, 2002] | (a) The owner or managing operator shall make a vessel available for drydock examinations, internal structural examinations, and underwater surveys (UWILD) required by this section. (b) If your vessel is operated on international voyages subject to SOLAS requirements, it must undergo a drydock examination once every 12 months unless it has been approved to undergo an underwater survey (UWILD) per § 176.615 of this part. If the vessel becomes due for a drydock examination or an internal structural examination during the voyage, it may lawfully complete the voyage prior to the examination if it undergoes the required examination upon completion of the voyage to the United States but not later than 30 days after the examination was due. If the vessel is due for an examination within 15 days of sailing on an international voyage from the United States port, it must undergo the required examination before sailing. (c) If your vessel is not operated on international voyages and does not meet the conditions in paragraph (d) of this section, it must undergo a drydock and internal structural examination as follows unless it has been approved to undergo an underwater survey (UWILD) per § 176.615 of this part: (1) A vessel that is exposed to salt water more than three months in any 12 month period since the last examination must undergo a drydock examination and an internal structural at least once every two years; and (2) A vessel that is exposed to salt water not more than three months in any 12 month period since the last examination must undergo a drydock examination and an internal structural examination at least once every five years. (d) Whenever damage or deterioration to hull plating or structural members that may affect the seaworthiness of a vessel is discovered or suspected, the cognizant OCMI may conduct an internal structural examination in any affected space including fuel tanks, and may require the vessel to be drydocked or taken out of service to assess the extent of the damage, and to effect permanent… | |||
| 46:46:7.0.1.3.11.6.63.10 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | F | Subpart F—Hull and Tailshaft Examinations | § 176.650 Alternative Hull Examination Program options: Divers or underwater ROV. | USCG | [USCG-2000-6858, 67 FR 21086, Apr. 29, 2002, as amended at 69 FR 47384, Aug. 5, 2004] | To complete the underwater survey portion of the AHE, you may use divers or an underwater remotely operated vehicle (ROV). (a) If you use divers to conduct the underwater survey, you must— (1) Locate the vessel so the divers can work safely under the vessel's keel and around both sides. The water velocity must be safe for dive operations; (2) Provide permanent hull markings, a temporary grid system of wires or cables spaced not more than 10 feet apart and tagged at one-foot intervals, or any other acoustic or electronic positioning system approved by the OCMI to identify the diver's location with respect to the hull, within one foot of accuracy; (3) Take ultrasonic thickness gaugings at a minimum of 5 points on each plate, evenly spaced; (4) Take hull plating thickness gaugings along transverse belts at the bow, stern, and midships, as a minimum. Plating thickness gaugings must also be taken along a longitudinal belt at the wind and water strake. Individual gaugings along the transverse and longitudinal belts must be spaced no more than 3 feet apart; (5) Ensure the third party examiner observes the entire underwater examination process; (6) Record the entire underwater survey with audio and video recording equipment and ensure that communications between divers and the third party examiner are recorded; and (7) Use appropriate equipment, such as a clear box, if underwater visibility is poor, to provide the camera with a clear view of the hull. (b) You may use an underwater ROV to conduct the underwater survey. The underwater ROV operating team, survey process and equipment, quality assurance methods, and the content and format of the survey report must be accepted by the Officer in Charge, Marine Inspection (OCMI) prior to the survey. If you choose this option, you must— (1) Locate the vessel to ensure that the underwater ROV can operate effectively under the vessel's keel and around both sides; and (2) Employ divers to examine any sections of the hull and appurtenances that the underwater ROV cannot a… | |||
| 46:46:7.0.1.3.11.6.63.11 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | F | Subpart F—Hull and Tailshaft Examinations | § 176.655 Hull examination reports. | USCG | [USCG-2000-6858, 67 FR 21086, Apr. 29, 2002, as amended at 69 FR 47384, Aug. 5, 2004] | (a) If you use only divers for the underwater survey portion of the Alternative Hull Examination (AHE), you must provide the Officer in Charge, Marine Inspection (OCMI), with a written hull examination report. This report must include thickness gauging results, bearing clearances, a copy of the audio and video recordings, and any other information that will help the OCMI evaluate your vessel for a credit hull exam. The third party examiner must sign the report and confirm the validity of its contents. (b) If you use an underwater remotely operated vehicle (ROV) as the predominate means to examine the vessel's underwater hull plating, you must provide the OCMI with a report in a format that is acceptable to the OCMI, per § 176.650(b) of this part. (c) The OCMI will evaluate the hull examination report and grant a credit hull exam if satisfied with the condition of the vessel. If approved and you exclusively use divers to examine the hull plating, you will receive a credit hull exam of up to 36 months. (Underwater examinations are required twice every 5 years.) If approved and you use an underwater ROV as the predominate means to examine the hull plating, you will receive a credit hull exam of up to 60 months (5 years). (d) At least 60 days prior to each scheduled underwater exam, the owner may request a waiver from the OCMI if: (1) A satisfactory exam has been completed within the last three years; (2) The conditions during the last exam allowed at least 80 percent of the bottom surface to be viewed and recorded; and (3) The results of the last exam indicated that an extended interval is safe and reasonable. | |||
| 46:46:7.0.1.3.11.6.63.12 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | F | Subpart F—Hull and Tailshaft Examinations | § 176.660 Continued participation in the Alternative Hull Examination (AHE) Program. | USCG | [USCG-2000-6858, 67 FR 21086, Apr. 29, 2002, as amended at 69 FR 47384, Aug. 5, 2004] | (a) To continue to participate in the AHE Program, vessel operators must conduct an annual hull condition assessment. At a minimum, vessel operators must conduct an internal examination and take random hull gaugings internally during the hull condition assessment, unless waived by the Officer in Charge, Marine Inspection (OCMI). If the annual hull assessment reveals significant damage or corrosion, where temporary repairs have been made, or where other critical areas of concern have been identified, the OCMI may require an expanded examination to include an underwater hull examination using divers. If an underwater examination is required, the examination must focus on areas at higher risk of damage or corrosion and must include a representative sampling of hull gaugings. (b) If an underwater survey is required for the annual hull condition assessment, the OCMI may require the presence of a third party examiner and a written hull examination report must be submitted to the OCMI. This report must include thickness gauging results, a copy of the audio and video recordings and any other information that will help the OCMI evaluate your vessel for continued participation in the AHE program. The third party examiner must sign the report and confirm the validity of its contents. (c) You must submit your preventive maintenance reports or checklists on an annual basis to the OCMI. These reports or checklists must conform to the plans you submitted in your application under § 176.630 of this part, which the OCMI approved. (d) Prior to each scheduled annual hull condition assessment— (1) The owner may submit to the OCMI a plan for conducting the assessment, or a request for a waiver of this requirement, no fewer than 30 days before the scheduled assessment; and (2) The OCMI may reduce the scope or extend the interval of the assessment if the operational, casualty, and deficiency history of the vessel, along with a recommendation of the vessel's master, indicates that it is warranted. | |||
| 46:46:7.0.1.3.11.6.63.13 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | F | Subpart F—Hull and Tailshaft Examinations | § 176.665 Notice and plans required. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended at 62 FR 51356, Sept. 30, 1997. Redesignated and amended by USCG-2000-6858, 67 FR 21084, 21087, Apr. 29, 2002; USCG-2006-25697, 71 FR 55747, Sept. 25, 2006] | (a) The owner or managing operator shall notify the cognizant OCMI as far in advance as possible whenever a vessel is to be hauled out or placed in a drydock or slipway in compliance with § 176.600 or to undergo repairs or alterations affecting the safety of the vessel, together with the nature of any repairs or alterations contemplated. Hull repairs or alternations that affect the safety of the vessel include but are not limited to the replacement, repair, or refastening of planking, plating, or structural members including the repair of cracks. (b) Whenever a vessel is hauled out or placed in a drydock or slipway in excess of the requirements of this subpart for the purpose of maintenance, including, but not limited to, changing a propeller, painting, or cleaning the hull, no report need be made to the cognizant OCMI. (c) The owner or managing operator of each vessel that holds a Load Line Certificate shall make plans showing the vessel's scantlings available to the Coast Guard marine inspector whenever the vessel undergoes a drydock examination, internal structural examination, or an underwater survey or whenever repairs or alterations affecting the safety or seaworthiness of the vessel are made to the vessel's hull. | |||
| 46:46:7.0.1.3.11.6.63.14 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | F | Subpart F—Hull and Tailshaft Examinations | § 176.670 Tailshaft examinations. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996. Redesignated by USCG-2000-6858, 67 FR 21084, Apr. 29, 2002] | (a) The marine inspector may require any part or all of the propeller shafting to be drawn for examination of the shafting and stern bearing of a vessel whenever the condition of the shafting and bearings are in question. (b) The marine inspector may conduct a visual examination and may require nondestructive testing of the propeller shafting whenever the condition of shafting is in question. | |||
| 46:46:7.0.1.3.11.6.63.15 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | F | Subpart F—Hull and Tailshaft Examinations | § 176.675 Extension of examination intervals. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996. Redesignated and amended by USCG-2000-6858, 67 FR 21084, 21087, Apr. 29, 2002; USCG-2013-0671, 78 FR 60164, Sept. 30, 2013] | The intervals between drydock examinations and internal structural examinations specified in § 176.600 of this part may be extended by the cognizant OCMI or Commandant. | |||
| 46:46:7.0.1.3.11.6.63.2 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | F | Subpart F—Hull and Tailshaft Examinations | § 176.610 Scope of drydock and internal structural examinations. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended by USCG-2007-0030, 75 FR 78087, Dec. 14, 2010] | (a) A drydock examination conducted in compliance with § 176.600 must be conducted while the vessel is hauled out of the water or placed in a drydock or slipway. During the examination all accessible parts of the vessel's underwater body and all through hull fittings, including the hull plating and planking, appendages, propellers, shafts, bearings, rudders, sea chests, sea valves, and sea strainers shall be made available for examination. Sea chests, sea valves, and sea strainers must be opened for examination. On wooden vessels, fastenings may be required to be pulled for examination. The accuracy of draft or loading marks, if required by § 185.602 of this chapter, must be verified if not verified at a previous drydock examination. (b) An internal structural examination conducted in compliance with § 176.600 may be conducted while the vessel is afloat or out of the water and consists of a complete examination of the vessel's main strength members, including the major internal framing, the hull plating and planking, voids, and ballast, cargo, and fuel oil tanks. Where the internal framing, plating, or planking of the vessel is concealed, sections of the lining, ceiling or insulation 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. 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. | |||
| 46:46:7.0.1.3.11.6.63.3 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | F | Subpart F—Hull and Tailshaft Examinations | § 176.615 Underwater Survey in Lieu of Drydocking (UWILD). | USCG | [USCG-2000-6858, 67 FR 21084, Apr. 29, 2002] | (a) The Officer in Charge, Marine Inspection (OCMI), 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) Described in § 176.600(b) or (c) 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, may approve an underwater survey instead of a drydock examination at alternating intervals (UWILD). 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 gauging, and the results of the Coast Guards' d… | |||
| 46:46:7.0.1.3.11.6.63.4 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | F | Subpart F—Hull and Tailshaft Examinations | § 176.620 Description of the Alternative Hull Examination (AHE) Program for certain passenger vessels. | USCG | [USCG-2000-6858, 69 FR 47384, Aug. 5, 2004] | The Alternative Hull Examination (AHE) Program provides you with an alternative to a drydock examination by allowing your vessel's hull to be examined while it remains afloat. If completed using only divers, this program has four steps: the application process, the preliminary examination, the pre-survey meeting, and the hull examination. If the vessel is already participating in the program, or if a remotely operated vehicle (ROV) is used during the program, the preliminary exam step may be omitted. Once you complete these steps, the Officer in Charge, Marine Inspection (OCMI), will evaluate the results and accept the examination as a credit hull exam if the vessel is in satisfactory condition. If only divers are used for the underwater survey portion of the examination process, you may receive credit for a period of time such that subsequent AHEs would be conducted at intervals of twice in every five years, with no more than three years between any two AHEs. The OCMI may waive an underwater survey in accordance with § 176.655(d) provided that the interval does not exceed five years between any two underwater surveys. If an underwater ROV is used as the predominate method to examine the vessel's underwater hull plating, you may receive credit up to five years. At the end of this period, you may apply for further participation under the AHE Program. The expected hull coverage when using an ROV must be at least 80 percent. | |||
| 46:46:7.0.1.3.11.6.63.5 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | F | Subpart F—Hull and Tailshaft Examinations | § 176.625 Eligibility requirements for the Alternative Hull Examination (AHE) Program for certain passenger vessels. | USCG | [USCG-2000-6858, 67 FR 21085, Apr. 29, 2002] | (a) Your vessel may be eligible for the AHE Program if— (1) It is constructed of steel or aluminum; (2) It has an effective hull protection system; (3) It has operated exclusively in fresh water since its last drydock examination; (4) It operates in rivers or protected lakes; and (5) It operates exclusively in shallow water or within 0.5 nautical miles from shore. (b) In addition to the requirements in paragraph (a), the Officer in Charge, Marine Inspection (OCMI) will evaluate the following information when determining your vessel's eligibility for the AHE Program: (1) The overall condition of the vessel, based on its inspection history. (2) The vessel's history of hull casualties and hull-related deficiencies. (3) The AHE Program application, as described in § 176.630 of this part. (c) When reviewing a vessel's eligibility for the AHE program, the OCMI may modify the standards given by paragraph (a)(5) of this section where it is considered safe and reasonable to do so. In making this determination, the OCMI will consider the vessel's overall condition, its history of safe operation, and any other factors that serve to mitigate overall safety risks. | |||
| 46:46:7.0.1.3.11.6.63.6 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | F | Subpart F—Hull and Tailshaft Examinations | § 176.630 The Alternative Hull Examination (AHE) Program application. | USCG | [USCG-2000-6858, 67 FR 21085, Apr. 29, 2002, as amended at 69 FR 47384, Aug. 5, 2004] | If your vessel meets the eligibility criteria in § 176.625 of this part, you may apply to the AHE Program. You must submit an application at least 90 days before the requested hull examination date to the Officer in Charge, Marine Inspection (OCMI) who will oversee the survey. The application must include— (a) The proposed time and place for conducting the hull examination; (b) The name of the participating diving contractor and underwater remotely operated vehicle (ROV) company accepted by the OCMI under § 176.650 of this part; (c) The name and qualifications of the third party examiner. This person must be familiar with the inspection procedures and his or her responsibilities under this program. The OCMI has the discretionary authority to accept or deny use of a particular third party examiner; (d) A signed statement from your vessel's master, chief engineer, or the person in charge stating the vessel meets the eligibility criteria of § 176.625 of this part and a description of the vessel's overall condition, level of maintenance, known or suspected damage, underwater body cleanliness (if known), and the anticipated draft of the vessel at the time of the examination; (e) Plans or drawings that illustrate the external details of the hull below the sheer strake; (f) A detailed plan for conducting the hull examination in accordance with §§ 176.645 and 176.650 of this part, which must address all safety concerns related to the removal of sea valves during the inspection; and (g) A preventative maintenance plan for your vessel's hull, its related systems and equipment. | |||
| 46:46:7.0.1.3.11.6.63.7 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | F | Subpart F—Hull and Tailshaft Examinations | § 176.635 Preliminary examination requirements. | USCG | [USCG-2000-6858, 67 FR 21085, Apr. 29, 2002] | (a) If you exclusively use divers to examine the underwater hull plating, you must arrange to have a preliminary examination conducted by a third party examiner, with the assistance of qualified divers. The purpose of the preliminary examination is to assess the overall condition of the vessel's hull and identify any specific concerns to be addressed during the underwater hull examination. (b) The preliminary examination is required only upon the vessel's entry or reentry into the AHE program. (c) If you use an underwater remotely operated vehicle (ROV) as the predominate means to examine your vessel's hull plating, a preliminary examination and the participation of a third party examiner will not be necessary. | |||
| 46:46:7.0.1.3.11.6.63.8 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | F | Subpart F—Hull and Tailshaft Examinations | § 176.640 Pre-survey meeting. | USCG | [USCG-2000-6858, 67 FR 21086, Apr. 29, 2002, as amended at 69 FR 47384, Aug. 5, 2004] | (a) In advance of each AHE, you must conduct a pre-survey meeting to discuss the details of the AHE procedure with the Officer in Charge, Marine Inspection (OCMI). If you exclusively use divers to examine the underwater hull plating, the third party examiner must attend the meeting and you must present the results of the preliminary examination. If you use an underwater remotely operated vehicle (ROV) as the predominate means to examine the vessel's hull plating, then the pre-survey meeting must be attended by a representative of the ROV operating company who is qualified to discuss the ROV's capabilities and limitations related to your vessel's hull design and configuration. (b) A vessel owner, operator, or designated agent must request this meeting in writing at least 30 days in advance of the examination date. (c) The pre-survey meeting may be conducted by teleconference, if agreed to in advance by the OCMI. | |||
| 46:46:7.0.1.3.11.6.63.9 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | F | Subpart F—Hull and Tailshaft Examinations | § 176.645 AHE Procedure. | USCG | [USCG-2000-6858, 67 FR 21086, Apr. 29, 2002, as amended at 69 FR 47384, Aug. 5, 2004] | (a) To complete the underwater survey you must— (1) Perform a general examination of the underwater hull plating and a detailed examination of all hull welds, propellers, tailshafts, rudders, and other hull appurtenances; (2) Examine all sea chests; (3) Remove and inspect all sea valves in the presence of a marine inspector once every five years; (4) Remove all passengers from the vessel when the sea valves are being examined, if required by the Officer in Charge, Marine Inspection (OCMI); (5) Allow access to all internal areas of the hull for examination, except internal tanks that carry fuel (unless damage or deterioration is discovered or suspect), sewage, or potable water. Internal sewage and potable water tanks may be examined visually or by non-destructive testing to the satisfaction of the attending marine inspector; and (6) Meet the requirements in § 176.650 of this part. (b) A marine inspector may examine any other areas deemed necessary by the OCMI. (c) If the AHE reveals significant deterioration or damage to the vessel's hull plating or structural members, the OCMI must be immediately notified. The OCMI may require the vessel be drydocked or otherwise taken out of service to further assess the extent of damage or to effect permanent repairs if the assessment or repairs cannot be completed to the satisfaction of the OCMI while the vessel is waterborne. | |||
| 46:46:7.0.1.3.11.7.63.1 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | G | Subpart G—Repairs and Alterations | § 176.700 Permission for repairs and alterations. | USCG | (a) Repairs or alterations to the hull, machinery, or equipment that affect the safety of the vessel must not be made without the approval of the cognizant OCMI, except during an emergency. When repairs are made during an emergency, the owner, managing operator, or master shall notify the OCMI as soon as practicable after such repairs or alternations are made. Repairs or alterations that affect the safety of the vessel include, but are not limited to: replacement, repair, or refastening of deck or hull planking, plating, and structural members; repair of plate or frame cracks; damage repair or replacement, other than replacement in kind, of electrical wiring, fuel lines, tanks, boilers and other pressure vessels, and steering, propulsion and power supply systems; alterations affecting stability; and repair or alteration of lifesaving, fire detecting, or fire extinguishing equipment. (b) The owner or managing operator shall submit drawings, sketches, or written specifications describing the details of any proposed alterations to the cognizant OCMI. Proposed alterations must be approved by the OCMI before work is started. (c) Drawings are not required to be submitted for repairs or replacements in kind. (d) The OCMI may require an inspection and testing whenever a repair or alteration is undertaken. | ||||
| 46:46:7.0.1.3.11.7.63.2 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | G | Subpart G—Repairs and Alterations | § 176.702 Installation tests and inspections. | USCG | Whenever a launching appliance, survival craft, rescue boat, fixed gas fire extinguishing system, machinery, fuel tank, or pressure vessel is installed aboard a vessel after completion of the initial inspection for certification of the vessel, as replacement equipment or as a new installation, the owner or managing operator shall conduct the tests and make the vessel ready for the inspections required by § 176.402(d) to the satisfaction of the cognizant OCMI. | ||||
| 46:46:7.0.1.3.11.7.63.3 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | G | Subpart G—Repairs and Alterations | § 176.704 Breaking of safety valve seals. | USCG | The owner, managing operator, or master shall notify the cognizant OCMI as soon as practicable after the seal on a boiler safety valve on a vessel is broken. | ||||
| 46:46:7.0.1.3.11.7.63.4 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | G | Subpart G—Repairs and Alterations | § 176.710 Inspection and testing prior to hot work. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended by USCG-2003-16630, 73 FR 65205, Oct. 31, 2008] | (a) An inspection for flammable or combustible gases must be conducted by a certified marine chemist or other person authorized by the cognizant OCMI in accordance with the provisions of NFPA 306 (incorporated by reference, see 46 CFR 175.600) before alterations, repairs, or other operations involving riveting, welding, burning, or other fire producing actions may be made aboard a vessel: (1) Within or on the boundaries of fuel tanks; or (2) To pipelines, heating coils, pumps, fittings, or other appurtenances connected to fuel tanks. (b) An inspection required by paragraph (a) of this section must be conducted as required by this paragraph. (1) In ports or places in the United States or its territories and possessions, the inspection must be conducted by a marine chemist certificated by the NFPA. However, if the services of a certified marine chemist are not reasonably available, the cognizant OCMI, upon the recommendation of the vessel owner or managing operator, may authorize another person to inspect the vessel. If the inspection indicates that the operations can be undertaken safely, 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 cognizant OCMI is not reasonably available, the master shall conduct the inspection and enter the results in the inspection in the vessel's logbook. (c) The owner, managing operator, or master shall obtain a copy of certificates issued by the certified marine chemist or the other person authorized by the cognizant OCMI, and shall ensure that all conditions… | |||
| 46:46:7.0.1.3.11.8.63.1 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | H | Subpart H—Material Inspections | § 176.800 Inspection standards. | USCG | (a) A vessel is inspected for compliance with the standards required by this subchapter. Machinery, equipment, materials, and arrangements not covered by standards in this subchapter may be inspected in accordance with standards acceptable to the cognizant OCMI as good marine practice. (b) In the application of inspection standards due consideration must be given to the hazards involved in the operation permitted by a vessel's Certificate of Inspection. Thus, the standards may vary in accordance with the vessel's area of operation or any other operational restrictions or limitations. (c) The published standards of classification societies and other recognized safety associations may be used as guides in the inspection of vessels when such standards do not conflict with the requirements of this subchapter. | ||||
| 46:46:7.0.1.3.11.8.63.10 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | H | Subpart H—Material Inspections | § 176.816 Miscellaneous systems and equipment. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended by USCG-2008-0906, 73 FR 56510, Sept. 29, 2008] | At each initial and subsequent inspection for certification the owner or managing operator shall be prepared to test and make available for inspection all items in the ship's outfit, such as ground tackle, navigation lights and equipment, markings, and placards, which are required to be carried by the regulations in this subchapter, as necessary to determine that they are fit for the service intended. | |||
| 46:46:7.0.1.3.11.8.63.11 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | H | Subpart H—Material Inspections | § 176.818 Sanitary inspection. | USCG | At each inspection for certification and at every other vessel inspection, quarters, toilet and washing spaces, galleys, serving pantries, lockers, and similar spaces may be examined to determine that they are serviceable and in a sanitary condition. | ||||
| 46:46:7.0.1.3.11.8.63.12 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | H | Subpart H—Material Inspections | § 176.830 Unsafe practices. | USCG | (a) At each inspection for certification and at every other vessel inspection all observed unsafe practices, fire hazards, and other hazardous situations must be corrected and all required guards and protective devices must be in satisfactory condition. (b) At each inspection for certification and at every other vessel inspection the bilges and other spaces may be examined to see that there is no excessive accumulation of oil, trash, debris, or other matter that might create a fire hazard, clog bilge pumping systems, or block emergency escapes. | ||||
| 46:46:7.0.1.3.11.8.63.13 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | H | Subpart H—Material Inspections | § 176.840 Additional tests and inspections. | USCG | The cognizant OCMI may require that a vessel and its equipment undergo any additional test or inspection deemed reasonable and necessary to determine that the vessel and its equipment are suitable for the service in which they are to be employed. | ||||
| 46:46:7.0.1.3.11.8.63.2 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | H | Subpart H—Material Inspections | § 176.801 Notice of inspection deficiencies and requirements. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended by CGD 97-057, 62 FR 51049, Sept. 30, 1997] | (a) If during the inspection of a vessel, the vessel or its equipment is found not to conform to the requirements of law or the regulations in this subchapter, the marine inspector will point out deficiencies observed and discuss all requirements with the owner, managing operator, or a representative thereof. Normally, the marine inspector will list all such requirements that have not been completed and present the list to the owner, managing operator, or a representative thereof. However, when a deficiency presents a serious safety hazard to the vessel or its passengers or crew, and exists through negligence or willful noncompliance, the marine inspector may issue a Report of Violation (ROV) to the owner, managing operator, or a representative thereof. (b) In any case where further clarification of or reconsideration of any requirement placed against the vessel is desired, the owner, managing operator, or a representative thereof, may discuss the matter with the cognizant OCMI. | |||
| 46:46:7.0.1.3.11.8.63.3 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | H | Subpart H—Material Inspections | § 176.802 Hull. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996; 61 FR 20557, May 7, 1996, as amended at 62 FR 51356, Sept. 30, 1997] | (a) At each initial and subsequent inspection for certification of a vessel, the owner or managing operator shall be prepared to conduct tests and have the vessel ready for inspections of the hull structure and its appurtenances, including the following: (1) Inspection of all accessible parts of the exterior and interior of the hull, the watertight bulkheads, and weather decks; (2) Inspection and operation of all watertight closures in the hull, decks, and bulkheads including through hull fittings and sea valves; (3) Inspection of the condition of the superstructure, masts, and similar arrangements constructed on the hull, and on a sailing vessel all spars, standing rigging, running rigging, blocks, fittings, and sails; (4) Inspection of all railings and bulwarks and their attachment to the hull structure; (5) Inspection to ensure that guards or rails are provided in dangerous places; (6) Inspection and operation of all weathertight closures above the weather deck and the provisions for drainage of sea water from the exposed decks; and (7) Inspection of all interior spaces to ensure that they are adequately ventilated and drained, and that means of escape are adequate and properly maintained. (b) The vessel must be afloat for at least a portion of the inspection as required by the marine inspector. (c) When required by the marine inspector, a portion of the inspection must be conducted while the vessel is underway so that the hull and internal structure can be observed. | |||
| 46:46:7.0.1.3.11.8.63.4 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | H | Subpart H—Material Inspections | § 176.804 Machinery. | USCG | At each initial and subsequent inspection for certification of a vessel, the owner or managing operator shall be prepared to conduct tests and have the vessel ready for inspections of machinery, fuel, and piping systems, including the following: (a) Operation of the main propulsion machinery both ahead and astern; (b) Operational test and inspection of engine control mechanisms including primary and alternate means of starting machinery; (c) Inspection of all machinery essential to the routine operation of the vessel including generators and cooling systems; (d) External inspection of fuel tanks and inspection of tank vents, piping, and pipe fittings; (e) Inspection of all fuel system; (f) Operational test of all valves in fuel lines by operating locally and at remote operating positions; (g) Operational test of all overboard discharge and intake valves and watertight bulkhead pipe penetration valves; (h) Operational test of the means provided for pumping bilges; and (i) Test of machinery alarms including bilge high level alarms. | ||||
| 46:46:7.0.1.3.11.8.63.5 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | H | Subpart H—Material Inspections | § 176.806 Electrical. | USCG | At each initial and subsequent inspection for certification of a vessel, the owner or managing operator shall be prepared to conduct tests and have the vessel ready for inspection of electrical equipment and systems, including the following: (a) Inspection of all cable as far as practicable without undue disturbance of the cable or electrical apparatus; (b) Test of circuit breakers by manual operation; (c) Inspection of fuses including ensuring the ratings of fuses are suitable for the service intended; (d) Inspection of rotating electrical machinery essential to the routine operation of the vessel; (e) Inspection of all generators, motors, lighting fixtures and circuit interrupting devices located in spaces or areas that may contain flammable vapors; (f) Inspection of batteries for condition and security of stowage; (g) Operational test of electrical apparatus, which operates as part of or in conjunction with a fire detection or alarms system installed on board the vessel, by simulating, as closely as practicable, the actual operation in case of fire; and (h) Operational test of all emergency electrical systems. | ||||
| 46:46:7.0.1.3.11.8.63.6 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | H | Subpart H—Material Inspections | § 176.808 Lifesaving. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended at 62 FR 51356, Sept. 30, 1997] | (a) At each initial and subsequent inspection for certification of a vessel, the owner or managing operator shall be prepared to conduct tests and have the vessel ready for inspection of lifesaving equipment and systems, including the following: (1) Tests of each rescue boat and each rescue boat launching appliance and survival craft launching appliance in accordance with § 185.520 of this chapter; (2) Inspection of each lifejacket, work vest, and marine buoyant device; (3) If used, inspection of the passenger safety orientation cards or pamphlets allowed by § 185.506(b)(2) of this chapter; (4) Inspection of each inflatable liferaft, inflatable buoyant apparatus, and inflatable lifejacket to determine that it has been serviced as required by § 185.730 of this chapter; and (5) Inspection of each hydrostatic release unit to determine that it is in compliance with the servicing and usage requirements of § 185.740 of this chapter. (b) Each item of lifesaving equipment determined by the marine inspector to not be in serviceable condition must be repaired or replaced. (c) Each item of lifesaving equipment with an expiration date on it must be replaced if the expiration date has passed. (d) The owner or managing operator shall destroy, in the presence of the marine inspector, each lifejacket, other personal floatation device, and other lifesaving device found to be defective and incapable of repair. (e) At each initial and subsequent inspection for certification of a vessel, the vessel must be equipped with an adult size lifejacket for each person authorized. The vessel must also be equipped with child size lifejackets equal to at least: (1) 10 percent of the maximum number of passengers permitted to be carried unless children are prohibited from being carried aboard the vessel; or (2) 5 percent of the maximum number of passengers permitted to be carried if all extended size lifejackets are provided. (f) Lifejackets, work vests, and marine buoyant devices may be marked with the date and marine inspection zon… | |||
| 46:46:7.0.1.3.11.8.63.7 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | H | Subpart H—Material Inspections | § 176.810 Fire protection. | USCG | [USCG-2012-0196, 81 FR 48298, July 22, 2016] | (a) At each initial and subsequent inspection for certification, the owner or managing operator must be prepared to conduct tests and have the vessel ready for inspection of its fire protection equipment, including the following: (1) Inspection of each portable fire extinguisher, semi-portable fire extinguisher, and fixed gas fire extinguishing system to check for excessive corrosion and general condition; (2) Inspection of piping, controls, and valves, and the inspection and testing of alarms and ventilation shutdowns, for each fixed gas fire extinguishing system and detection system to determine that the system is in operating condition; (3) Operation of the fire main system and checking of the pressure at the most remote and highest outlets; (4) Testing of each firehose to a test pressure equivalent to its maximum service pressure; (5) Checking of each cylinder containing compressed gas to ensure it has been tested and marked in accordance with 46 CFR 147.60; (6) Testing or renewal of flexible connections and discharge hoses on semi-portable extinguishers and fixed gas extinguishing systems in accordance with 46 CFR 147.65; and (7) Inspection and testing of all smoke and fire detection systems, including sensors and alarms. (b) The owner, managing operator, or a qualified servicing facility as applicable must conduct the following inspections and tests: (1) Portable and semi-portable extinguishers must be inspected and maintained in accordance with NFPA 10 (incorporated by reference, see § 175.600 of this chapter) as amended here: (i) Certification or licensing by a state or local jurisdiction as a fire extinguisher servicing agency will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of extinguishers. (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 … | |||
| 46:46:7.0.1.3.11.8.63.8 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | H | Subpart H—Material Inspections | § 176.812 Pressure vessels and boilers. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended at 62 FR 51356, Sept. 30, 1997; USCG-1999-4976, 65 FR 6508, Feb. 9, 2000] | (a) Pressure vessels must be tested and inspected in accordance with part 61, subpart 61.10, of this chapter. (b) Periodic inspection and testing requirements for boilers are contained in § 61.05 in subchapter F of this chapter. | |||
| 46:46:7.0.1.3.11.8.63.9 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | H | Subpart H—Material Inspections | § 176.814 Steering systems. | USCG | At each initial and subsequent inspection for certification the owner or managing operator shall be prepared to test the steering systems of the vessel and make them available for inspection to the extent necessary to determine that they are in suitable condition and fit for the service intended. Servo-type power systems, such as orbital systems, must be tested and capable of smooth operation by a single person in the manual mode, with hydraulic pumps secured. | ||||
| 46:46:7.0.1.3.11.9.63.1 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | I | Subpart I—International Convention for Safety of Life at Sea, 1974, as Amended (SOLAS) | § 176.900 Applicability. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended by USCG-2007-0030, 75 FR 78087, Dec. 14, 2010] | (a) Except as otherwise provided in this subpart, a mechanically propelled vessel of the United States, which is certificated for or carries more than 12 passengers on international voyages must be in compliance with the applicable requirements of the International Convention for Safety of Life at Sea, 1974, as Amended (SOLAS), to which the United States Government is currently a party. (b) SOLAS does not apply to a vessel solely navigating the Great Lakes and the St. Lawrence River as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd Meridian. | |||
| 46:46:7.0.1.3.11.9.63.2 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | I | Subpart I—International Convention for Safety of Life at Sea, 1974, as Amended (SOLAS) | § 176.910 Passenger Ship Safety Certificate. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended by USCG-2007-0030, 75 FR 78087, Dec. 14, 2010] | (a) A vessel, which carries more than 12 passengers on an international voyage must have a valid SOLAS Passenger Ship Safety Certificate. The Commandant authorizes the cognizant OCMI to issue the original SOLAS Passenger Ship Safety Certificate after receiving notification from the cognizant OCMI that the vessel complies with the applicable SOLAS regulations. Subsequent SOLAS Passenger Ship Safety Certificates are issued by the cognizant OCMI unless any changes to the vessel or its operations have occurred which changes the information on the certificate, in which case the Commandant will authorize the cognizant OCMI to reissue the certificate. (b) The route specified on the Certificate of Inspection and the SOLAS Passenger Ship Safety Certificate must agree. (c) A SOLAS Passenger Ship Safety Certificate is issued for a period of not more than 12 months. (d) The SOLAS Passenger Ship Safety Certificate may be withdrawn, revoked, or suspended at any time when the vessel is not in compliance with applicable SOLAS requirements. | |||
| 46:46:7.0.1.3.11.9.63.3 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | I | Subpart I—International Convention for Safety of Life at Sea, 1974, as Amended (SOLAS) | § 176.920 Exemptions. | USCG | [CGD 85-080, 61 FR 953, Jan. 10, 1996; 61 FR 20557, May 7, 1996, as amended by USCG-2007-0030, 75 FR 78087, Dec. 14, 2010] | (a) In accordance with Chapter I (General Provisions) Regulation 4, of SOLAS, the Commandant may exempt a vessel, which is not normally engaged on an international voyage but that in exceptional circumstances is required to undertake a single international voyage from any of the requirements of the regulations of SOLAS provided that the vessel complies with safety requirements that are adequate, in the Commandant's opinion, for the voyage that is to be undertaken. (b) In accordance with Chapter II-1 (Construction—Subdivision and Stability, Machinery and Electrical Installations) Regulation 1, Chapter II-2 (Construction—Fire Protection, Fire Detection and Fire Extinction) Regulation 1, and Chapter III (Life Saving Appliances and Arrangements) Regulation 2 of SOLAS, the Commandant may exempt a vessel that does not proceed more than 20 miles from the nearest land from any of the specific requirements of Chapters II-1, II-2, and III of SOLAS if the Commandant determines that the sheltered nature and conditions of the voyage are such as to render the application of such requirements unreasonable or unnecessary. (c) The Commandant may exempt a vessel from requirements of the regulations of SOLAS in accordance with paragraphs (a) and (b) of this section upon a written request from the owner or managing operator submitted to the Commandant via the cognizant OCMI. (d) When the Commandant grants an exemption to a vessel in accordance with this section, the Commandant will authorize the cognizant OCMI to issue the original SOLAS Exemption Certificate describing the exemption. Subsequent SOLAS Exemption Certificates are issued by the cognizant OCMI unless any changes to the vessel or its operations have occurred that changes the information on the SOLAS Exemption or Passenger Ship Safety Certificates, in which case the Commandant will authorize the cognizant OCMI to reissue the certificate. A SOLAS Exemption Certificate is not valid for longer than the period of the SOLAS Passenger Ship Safety Certificate to which it refe… | |||
| 46:46:7.0.1.3.11.9.63.4 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | I | Subpart I—International Convention for Safety of Life at Sea, 1974, as Amended (SOLAS) | § 176.925 Safety Management Certificate. | USCG | [CGD 95-073, 62 FR 67515, Dec. 24, 1997] | (a) All vessels that carry more than 12 passengers on an international voyage must have a valid Safety Management Certificate and a copy of their company's valid Document of Compliance certificate on board. (b) All such vessels must meet the applicable requirements of 33 CFR part 96. (c) A Safety Management Certificate is issued for a period of not more than 60 months. | |||
| 46:46:7.0.1.3.11.9.63.5 | 46 | Shipping | I | T | 176 | PART 176—INSPECTION AND CERTIFICATION | I | Subpart I—International Convention for Safety of Life at Sea, 1974, as Amended (SOLAS) | § 176.930 Equivalents. | USCG | [CGD 95-073, 62 FR 67515, Dec. 24, 1997, as amended by USCG-2007-0030, 75 FR 78087, Dec. 14, 2010] | As outlined in Chapter I (General Provisions) Regulation 5, of SOLAS, the Commandant may accept an equivalent to a particular fitting, material, apparatus, or any particular provision required by SOLAS regulations if satisfied that such equivalent is at least as effective as that required by the regulations. An owner or managing operator of a vessel may submit a request for the acceptance of an equivalent following the procedures in § 175.540 of this chapter. The acceptance of an equivalent must be indicated on the vessel's SOLAS Passenger Ship Safety Certificate or Safety Management Certificate, as appropriate. | |||
| 49:49:2.1.1.3.13.1.32.1 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | A | Subpart A—General | § 176.1 Purpose and scope. | PHMSA | This part prescribes requirements in addition to those contained in parts 171, 172, and 173 of this subchapter to be observed with respect to the transportation of hazardous materials by vessel. | ||||
| 49:49:2.1.1.3.13.1.32.10 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | A | Subpart A—General | § 176.15 Enforcement. | PHMSA | [Amdt. 176-1, 41 FR 16110, Apr. 15, 1976, as amended by Amdt. 176-1A, 41 FR 40687, Sept. 20, 1976; Amdt. 176-24, 51 FR 5974, Feb. 18, 1986] | (a) An enforcement officer of the U.S. Coast Guard may at any time and at any place, within the jurisdiction of the United States, board any vessel for the purpose of enforcement of this subchapter and inspect any shipment of hazardous materials as defined in this subchapter. (b) [Reserved] | |||
| 49:49:2.1.1.3.13.1.32.11 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | A | Subpart A—General | § 176.18 Assignment and certification. | PHMSA | [Amdt. 176-1, 41 FR 16110, Apr. 15, 1976, as amended by Amdt. 176-24, 51 FR 5974, Feb. 18, 1986] | (a) The National Cargo Bureau, Inc., is authorized to assist the Coast Guard in administering this subchapter with respect to the following: (1) Inspection of vessels for suitability for loading hazardous materials; (2) Examination of stowage of hazardous materials; (3) Making recommendations for stowage requirements of hazardous materials cargo; and (4) Issuance of certificates of loading setting forth that the stowage of hazardous materials is in accordance with the requirements of this subchapter. (b) A certificate of loading issued by the National Cargo Bureau, Inc., may be accepted by the Coast Guard as prima facie evidence that the cargo is stowed in conformity with the requirements of this subchapter. | |||
| 49:49:2.1.1.3.13.1.32.2 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | A | Subpart A—General | § 176.2 Definitions. | PHMSA | [Amdt. 176-30, 55 FR 52687, Dec. 21, 1990, as amended at 66 FR 8647, Feb. 1, 2001; 66 FR 33438, June 21, 2001; 66 FR 45184, Aug. 28, 2001; 67 FR 61015, Sept. 27, 2002; 68 FR 75747, 75748, Dec. 31, 2003; 69 FR 76179, Dec. 20, 2004; 73 FR 57006, Oct. 1, 2008; 74 FR 2268, Jan. 14, 2009; 76 FR 3384, Jan. 19, 2011; 78 FR 1093, Jan. 7, 2013] | As used in this part— Cantline means the v-shaped groove between two abutting, parallel horizontal cylinders. Cargo net means a net made of fiber or wire used to provide convenience in handling loose or packaged cargo to and from a vessel. Cargo transport unit means a transport vehicle, a freight container, a portable tank or a multiple element gas container (MEGC). A closed cargo transport unit means a cargo transport unit in which the contents are totally enclosed by permanent structures. An open cargo transport unit means a cargo transport unit that is not a closed cargo transport unit. Cargo transport units with fabric sides or tops are not closed cargo transport units for the purposes of this part. Clear of living quarters means that the hazardous material must be located so that in the event of release of the material, leakage or vapors will not penetrate accommodations, machinery spaces or other work areas by means of entrances or other openings in bulkheads or ventilation ducts. Closed freight container means a freight container which totally encloses its contents by permanent structures. A freight container formed partly by a tarpaulin, plastic sheet, or similar material is not a closed freight container. Closed cargo transport unit for Class 1 (explosive) materials means a freight container or transport vehicle that fully encloses the contents by permanent structures and can be secured to the ship's structure and are, except for the carriage of division 1.4 explosives, structurally serviceable (see § 176.172). Portable magazines conforming to § 176.137 are also considered closed cargo transport units for Class 1. Small compartments such as deck houses and mast lockers are included. Cargo transport units with fabric sides or tops are not closed cargo transport units. The floor of any closed cargo transport unit must either be constructed of wood, close-boarded or so arranged that goods are stowed on sparred gratings, wooden pallets or dunnage. Commandant (CG-522), USCG means the Chief, … | |||
| 49:49:2.1.1.3.13.1.32.3 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | A | Subpart A—General | § 176.3 Unacceptable hazardous materials shipments. | PHMSA | [Amdt. 176-1, 41 FR 16110, Apr. 15, 1976, as amended by Amdt. 176-30, 55 FR 52688, Dec. 21, 1990; 74 FR 2268, Jan. 14, 2009] | (a) A carrier may not transport by vessel any shipment of a hazardous material that is not prepared for transportation in accordance with parts 172 and 173 of this subchapter, or as authorized by subpart C of part 171 of this subchapter. (b) A carrier may not transport by vessel any explosive or explosive composition described in § 173.54 of this subchapter. | |||
| 49:49:2.1.1.3.13.1.32.4 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | A | Subpart A—General | § 176.4 Port security and safety regulations. | PHMSA | [Amdt. 176-30, 55 FR 52688, Dec. 21, 1990, as amended at 66 FR 45384, Aug. 28, 2001] | (a) Each carrier, master, agent, and charterer of a vessel and all other persons engaged in handling hazardous materials on board vessels shall comply with the applicable provisions of 33 CFR parts 6, 109, 110, 125, 126, and 160. (b) Division 1.1 and 1.2 (explosive) materials may only be loaded on and unloaded from a vessel at— (1) A facility of particular hazard as defined in 33 CFR 126.05(b); (2) An explosives anchorage listed in 33 CFR part 110; or (3) A facility operated or controlled by the Department of Defense. (c) With the concurrence of the COTP, Division 1.1 and 1.2 (explosive) materials may be loaded on or unloaded from a vessel in any location acceptable to the COTP. | |||
| 49:49:2.1.1.3.13.1.32.5 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | A | Subpart A—General | § 176.5 Application to vessels. | PHMSA | [Amdt. 176-1, 41 FR 16110, Apr. 15, 1976, as amended by Amdt. 176-1A, 41 FR 40687, Sept. 20, 1976; Amdt. 176-14, 47 FR 44471, Oct. 7, 1982; Amdt. 176-24, 51 FR 5974, Feb. 18, 1986; Amdt. 176-30, 55 FR 52688, Dec. 21, 1990; 56 FR 66281, Dec. 20, 1991; Amdt. 176-34, 58 FR 51533, Oct. 1, 1993; 66 FR 8647, Feb. 1, 2001; 68 FR 75747, Dec. 31, 2003] | (a) Except as provided in paragraph (b) of this section, this subchapter applies to each domestic or foreign vessel when in the navigable waters of the United States, regardless of its character, tonnage, size, or service, and whether self-propelled or not, whether arriving or departing, underway, moored, anchored, aground, or while in dry dock. (b) This subchapter does not apply to: (1) A public vessel not engaged in commercial service; (2) A vessel constructed or converted for the principal purpose of carrying flammable or combustible liquid cargo in bulk in its own tanks, when only carrying these liquid cargoes; (3) A vessel of 15 gross tons or smaller when not engaged in carrying passengers for hire; (4) A vessel used exclusively for pleasure; (5) A vessel of 500 gross tons or smaller when engaged in fisheries; (6) A tug or towing vessel, except when towing another vessel having Class 1 (explosive) materials, Class 3 (flammable liquids), or Division 2.1 (flammable gas) materials, in which case the owner/operator of the tug or towing vessel shall make such provisions to guard against and extinguish fire as the Coast Guard may prescribe; (7) A cable vessel, dredge, elevator vessel, fireboat, icebreaker, pile driver, pilot boat, welding vessel, salvage vessel, or wrecking vessel; or (8) A foreign vessel transiting the territorial sea of the United States without entering the internal waters of the United States, if all hazardous materials being carried on board are being carried in accordance with the requirements of the IMDG Code (IBR, see § 171.7 of this subchapter). (c) [Reserved] (d) Except for transportation in bulk packagings (as defined in § 171.8 of this subchapter), the bulk carriage of hazardous materials by water is governed by 46 CFR chapter I, subchapters D, I, N and O. | |||
| 49:49:2.1.1.3.13.1.32.6 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | A | Subpart A—General | § 176.7 Documentation for vessel personnel. | PHMSA | [68 FR 23842, May 5, 2003] | Each owner, operator, master, agent, person in charge, and charterer must ensure that vessel personnel required to have a license, certificate of registry, or merchant mariner's document by 46 CFR parts 10 and 12 possess a license, certificate or document, as appropriate. | |||
| 49:49:2.1.1.3.13.1.32.7 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | A | Subpart A—General | § 176.9 “Order-Notify” or “C.O.D.” shipments. | PHMSA | [Amdt. 176-30, 55 FR 52688, Dec. 21, 1990, as amended at 66 FR 45384, Aug. 28, 2001] | A carrier may not transport Division 1.1 or 1.2 (explosive) materials, detonators, or boosters with detonators which are: (a) Consigned to “order-notify” or “C.O.D.”, except on a through bill of lading to a place outside the United States; or (b) Consigned by the shipper to himself unless he has a resident representative to receive the shipment at the port of discharge. | |||
| 49:49:2.1.1.3.13.1.32.8 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | A | Subpart A—General | § 176.11 Exceptions. | PHMSA | [Amdt. 176-1, 41 FR 16110, Apr. 15, 1976] | (a) A hazardous material may be offered and accepted for transport by vessel when in conformance with the IMDG Code (IBR, see § 171.7 of this subchapter), subject to the conditions and limitations set forth in subpart C of part 171 of this subchapter.The requirements of §§ 176.83, 176.84, and 176.112 through 176.174 are not applicable to shipments of Class 1 (explosive) materials made in accordance with the IMDG Code. A hazardous material which conforms to the provisions of this paragraph (a) is not subject to the requirement specified in § 172.201(d) of this subchapter for an emergency response telephone number, when transportation of the hazardous material originates and terminates outside the United States and the hazardous material— (1) Is not offloaded from the vessel; or (2) Is offloaded between ocean vessels at a U.S. port facility without being transported by public highway. (b) Canadian shipments and packages may be transported by vessel if they are transported in accordance with this subchapter. (See subparts B and C of part 171 of this subchapter.) (c) The requirements of this subchapter governing the transportation of combustible liquids do not apply to the transportation of combustible liquids in non-bulk (see definitions in § 171.8 of this subchapter) packages on board vessels. (d) Transport vehicles, containing hazardous materials loaded in accordance with specific requirements of this subchapter applicable to such vehicles, may be transported on board a ferry vessel or carfloat, subject to the applicable requirements specified in §§ 176.76, 176.100, and subpart E of this part. (e) [Reserved] (f) Paragraph (a) of this section does not apply to hazardous materials, including certain hazardous wastes and hazardous substances as defined in § 171.8 of this subchapter, which are not subject to the requirements of the IMDG Code. (g) The requirements of this subchapter do not apply to atmospheric gases used in a refrigeration system. | |||
| 49:49:2.1.1.3.13.1.32.9 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | A | Subpart A—General | § 176.13 Responsibility for compliance and training. | PHMSA | [Amdt. 176-31, 57 FR 20954, May 15, 1992, as amended by Amdt. 176-35, 59 FR 49134, Sept. 26, 1994] | (a) Unless this subchapter specifically provides that another person shall perform a particular duty, each carrier shall perform the duties specified and comply with all applicable requirements in this part and shall ensure its hazmat employees receive training in relation thereto. (b) A carrier may not transport a hazardous material by vessel unless each of its hazmat employees involved in that transportation is trained as required by subpart H of part 172 of this subchapter. (c) The record of training required by § 172.704(d) of this subchapter for a crewmember who is a hazmat employee subject to the training requirements of this subchapter must be kept on board the vessel while the crewmember is in service on board the vessel. | |||
| 49:49:2.1.1.3.13.10.39.1 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | J | Subpart J—Detailed Requirements for Class 4 (Flammable Solids), Class 5 (Oxidizers and Organic Peroxides), and Division 1.5 Materials | § 176.400 Stowage of Division 1.5, Class 4 (flammable solids) and Class 5 (oxidizers and organic peroxides) materials. | PHMSA | [Amdt. 176-30, 55 FR 52706, Dec. 21, 1990, as amended at 66 FR 45384, Aug. 28, 2001; 78 FR 1096, Jan. 7, 2013] | (a) Class 4 (flammable solid) material and Division 5.2 (organic peroxide) material must be kept as cool as reasonably practicable, protected from sources of heat, and away from potential sources of ignition. (b) Division 5.2 (organic peroxide) material must be stowed away from living quarters or access to them. Division 5.2 (organic peroxide) material not requiring temperature control must be protected from sources of heat, including radiant heat and strong sunlight, and must be stowed in a cool, well-ventilated area. (c) No Division 1.5 or Class 5 (oxidizers and organic peroxides) material being transported by vessel may be stowed in the same hold or compartment with any readily combustible material such as a combustible liquid, a textile product, or with a finely divided substance, such as an organic powder. (d) No Division 1.5 or Class 5 (oxidizers and organic peroxides) material being transported by vessel may be stowed in a hold or compartment containing sulfur in bulk, or in any hold or compartment above, below, or adjacent to one containing sulfur in bulk. | |||
| 49:49:2.1.1.3.13.10.39.2 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | J | Subpart J—Detailed Requirements for Class 4 (Flammable Solids), Class 5 (Oxidizers and Organic Peroxides), and Division 1.5 Materials | § 176.405 Stowage of charcoal. | PHMSA | (a) Before stowing charcoal Division 4.2 (flammable solid), UN 1361, NA 1361, or UN 1362 on a vessel for transportation, the hold or compartment in which it is to be stowed must be swept as clean as practicable. All residue of any former cargo, including especially a petroleum product, a vegetable or animal oil, nitrate, or sulfur, must be removed. (b) Charcoal packed in bags and offered for transportation on board a vessel in a quantity over 1016 kg (2240 pounds) must be loaded so that the bags are laid horizontally and stacked with space for efficient air circulation. If the bags are not compactly filled and closed to avoid free space within, vertical and horizontal dunnage strips must be laid between the bags. Space for ventilating must be maintained near bulkheads, the shell of the vessel, the deck, and the overhead. No more than 40,600 kg (89,508 pounds) of charcoal may be stowed in a hold or compartment when other stowage space is available. If the unavailability of hold or compartment space requires the stowage of a larger amount, the arrangement of the stow for ventilation must be adjusted to ensure a sufficient venting effect. (c) Any loose material from bags broken during loading must be removed. Broken bags may be repacked or have the closures repaired and the repaired bags restowed. (d) Charcoal “screenings” packed in bags must be stowed to provide spaces for air circulation between tiers regardless of the quantity stowed. | ||||
| 49:49:2.1.1.3.13.10.39.3 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | J | Subpart J—Detailed Requirements for Class 4 (Flammable Solids), Class 5 (Oxidizers and Organic Peroxides), and Division 1.5 Materials | § 176.410 Division 1.5 materials, ammonium nitrate and ammonium nitrate mixtures. | PHMSA | [Amdt. 176-30, 55 FR 52706, Dec. 21, 1990, as amended at 56 FR 66282, Dec. 20, 1991; Amdt. 176-34, 58 FR 51533, Oct. 1, 1993; Amdt. 176-38, 60 FR 49111, Sept. 21, 1995; 65 FR 58630, Sept. 29, 2000; 66 FR 45384, Aug. 28, 2001; 68 FR 45041, July 31, 2003] | (a) This section prescribes requirements to be observed with respect to transportation of each of the following hazardous materials by vessel: (1) Explosives, blasting, type E, and Explosives, blasting, type B, Division 1.5 compatibility group D, UN 0331 and UN 0332. (2) Ammonium nitrate, Division 5.1 (oxidizer), UN1942. (3) Ammonium nitrate fertilizer, Division 5.1 (oxidizer), UN 2067. (b) This section does not apply to Ammonium nitrate fertilizer, Class 9, UN 2071 or to any non-acidic ammonium nitrate mixed fertilizer containing 13 percent or less ammonium nitrate, less than 5 percent organic material, and no other oxidizing material, and which does not meet the criteria for any other hazard set forth in part 173 of this subchapter. (c) When Division 1.5 compatibility group D materials, ammonium nitrate, or any of the ammonium nitrate fertilizers listed in paragraph (a) of this section are transported by vessel: (1) They must be stowed well away from any steam pipe, electric circuit, or other source of heat; (2) Smoking is prohibited except in designated areas away from the material and “No-Smoking” signs must be posted in accordance with § 176.60; (3) Fire hoses must be connected, laid out, and tested before loading or unloading commences; and (4) A fire watch must be posted in the hold or compartment where the material is being loaded or unloaded. (d) When any of the hazardous materials listed in paragraph (a) of this section is transported in bags by vessel: (1) The requirements specified in paragraph (c) of this section must be complied with; (2) The temperature of the bagged material may not exceed 54 °C (130 °F); (3) Minimum dunnage and sweatboards must be used to prevent any friction or abrasion of bags, and to allow for the circulation of air and access of water in the event of fire; (4) The bags must be stowed from side to side, out to the sweatboards; (5) A space of 46 cm (18 inches) must be provided between any transverse bulkhead and the bags; (6) The bags must be stowed so as to pro… | |||
| 49:49:2.1.1.3.13.10.39.4 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | J | Subpart J—Detailed Requirements for Class 4 (Flammable Solids), Class 5 (Oxidizers and Organic Peroxides), and Division 1.5 Materials | § 176.415 Permit requirements for Division 1.5, ammonium nitrates, and certain ammonium nitrate fertilizers. | PHMSA | [Amdt. 176-30, 55 FR 52706, Dec. 21, 1990, as amended at 56 FR 66282, Dec. 20, 1991; Amdt. 176-35, 59 FR 49134, Sept. 26, 1994; 65 FR 58630, Sept. 29, 2000; 66 FR 45185, 45384, 45385, Aug. 28, 2001; 68 FR 45041, July 31, 2003; 74 FR 53189, Oct. 16, 2009; 83 FR 55810, Nov. 7, 2018] | (a) Except as provided in paragraph (b) of this section, before any of the following material is loaded on or unloaded from a vessel at any waterfront facility, the owner/operator must obtain written permission from the Captain of the Port (COTP). (1) Ammonium nitrate UN1942, ammonium nitrate fertilizers containing more than 70% ammonium nitrate, or Division 1.5 compatibility group D materials packaged in a paper bag, burlap bag, or other nonrigid combustible packaging, or any rigid packaging with combustible inside packagings, (2) Any other ammonium nitrate or ammonium nitrate fertilizer not listed in § 176.410(a) or (b). (b) Any of the following may be loaded on or unloaded from a vessel at any waterfront facility without a permit: (1) Ammonium nitrate, Division 5.1 (oxidizer) UN1942, in a rigid packaging with a noncombustible inside packaging. (2) Ammonium nitrate fertilizer, Division 5.1 (oxidizer) UN 2067, if the nearest COTP is notified at least 24 hours in advance of any loading or unloading in excess of 454 kg (1,000 pounds). (3) Division 1.5 compatibility group D material in a rigid packaging with non-combustible inside packaging. (4) Ammonium nitrate fertilizer, Class 9, UN 2071. (5) Ammonium nitrate, Division 5.1 (oxidizer) UN1942, shipped as a limited quantity, if the nearest COTP is notified at least 24 hours in advance of any loading or unloading in excess of 454 kg (1,000 pounds). (c) Before a permit may be issued, the following requirements must be met in addition to any others the COTP may impose: (1) If the material is Explosives, blasting, type E, Division 1.5 compatibility group D, UN0332 in a combustible packaging or in a rigid packaging with a combustible inside packaging, it must be loaded or unloaded at a facility remote from populous areas, or high-value or high-hazard industrial facilities, so that in the event of fire or explosion, loss of lives and property may be minimized; (2) If the material is a Division 1.5 compatibility group D material in a non-rigid combustible packa… | |||
| 49:49:2.1.1.3.13.12.39.1 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | L | Subpart L—Detailed Requirements for Division 2.3 (Poisonous Gas) and Division 6.1 (Poisonous) Materials | § 176.600 General stowage requirements. | PHMSA | [Amdt. 176-30, 55 FR 52708, Dec. 21, 1990, as amended at 57 FR 45465, Oct. 1, 1992; Amdt. 176-35, 59 FR 49134, Sept. 26, 1994; Amdt. 176-42, 62 FR 1236, Jan. 8, 1997; 64 FR 10782, Mar. 5, 1999; 69 FR 76185, Dec. 20, 2004; 78 FR 1096, Jan. 7, 2013] | (a) Each package required to have a POISON GAS, POISON INHALATION HAZARD, or POISON label, being transported on a vessel, must be stowed clear of living quarters and any ventilation ducts serving living quarters and separated from foodstuffs, except when the hazardous materials and the foodstuffs are in different closed cargo transport units. (b) Each package required to have both a POISON GAS label and a FLAMMABLE GAS label thereon must be segregated as a Division 2.1 (flammable gas) material. (c) Each package bearing a POISON label displaying the text “PG III” or bearing a “PG III” mark adjacent to the poison label must be stowed away from foodstuffs. (d) Each package of Division 2.3 (poisonous gas) material or Division 6.1 (poison) material that also bears a FLAMMABLE LIQUID or FLAMMABLE GAS label must be stowed in a mechanically ventilated space, kept as cool as reasonably practicable, and be protected from sources of heat and stowed away from potential sources of ignition. | |||
| 49:49:2.1.1.3.13.12.39.2 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | L | Subpart L—Detailed Requirements for Division 2.3 (Poisonous Gas) and Division 6.1 (Poisonous) Materials | § 176.605 Care following leakage or sifting of Division 2.3 (poisonous gas) and Division 6.1 (poisonous) materials. | PHMSA | A hold or compartment containing a package of a Division 2.3 (poisonous gas) or Division 6.1 (poisonous) material which has leaked or sifted must be thoroughly cleaned and decontaminated after the cargo is unloaded and before the hold or compartment is used for the stowage of any other cargo. | ||||
| 49:49:2.1.1.3.13.13.39.1 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | M | Subpart M—Detailed Requirements for Radioactive Materials | § 176.700 General stowage requirements. | PHMSA | [Amdt. 176-15, 48 FR 10245, Mar. 10, 1983, as amended by Amdt. 176-15, 48 FR 31220, July 7, 1983; Amdt. 176-23, 50 FR 41523, Oct. 11, 1985; Amdt. 176-37, 60 FR 50333, Sept. 28, 1995; 66 FR 45385, Aug. 28, 2001; 69 FR 3694, Jan. 26, 2004] | (a) [Reserved] (b) A package of radioactive materials which in still air has a surface temperature more than 5 °C (9 °F) above the ambient air may not be overstowed with any other cargo. If the package is stowed under deck, the hold or compartment in which it is stowed must be ventilated. (c) For a shipment of radioactive materials requiring supplemental operational procedures, the shipper must furnish the master or person in charge of the vessel a copy of the necessary operational instructions. (d) A person may not remain unnecessarily in a hold, or compartment, or in the immediate vicinity of any package on deck, containing radioactive materials. | |||
| 49:49:2.1.1.3.13.13.39.2 | 49 | Transportation | I | C | 176 | PART 176—CARRIAGE BY VESSEL | M | Subpart M—Detailed Requirements for Radioactive Materials | § 176.704 Requirements relating to transport indices and criticality safety indices. | PHMSA | [69 FR 3694, Jan. 26, 2004] | (a) The sum of the transport indices (TI's) for all packages of Class 7 (radioactive) materials on board a vessel may not exceed the limits specified in Table IIIA of this section. (b) For freight containers containing packages and overpacks of Class 7 (radioactive) materials, the radiation level may not exceed 2 mSv per hour (200 mrem per hour) at any point on the outside surface and 0.1 mSv per hour (10 mrem per hour) at 2 m (6.6 ft) from the outside surface of the freight container. (c) The limitations specified in Table IIIA of this section do not apply to consignments of LSA-I material. (d) The sum of the criticality safety indices (CSI's) for all packages and overpacks of fissile Class 7 (radioactive) materials on board a vessel may not exceed the limits specified in Table IIIB of this section. (e) Each group of fissile Class 7 (radioactive) material packages and overpacks, containing a sum of CSIs no greater than 50 for a non-exclusive use shipment, or no greater than 100 for an exclusive use shipment, must be separated from all other groups containing fissile material packages and overpacks by a distance of at least 6 m (20 ft) at all times. (f) The limitations specified in paragraphs (a) through (c) of this section do not apply when the entire vessel is reserved or chartered for use by a single offeror under exclusive use conditions if— (1) The number of packages of fissile Class 7 (radioactive) material satisfies the individual package CSI limits of § 173.457 of this subchapter, except that the total sums of CSI's in the last column of Table IIIB of this section, including table note (d) apply; (2) A radiation protection program for the shipment has been established and approved by the competent authority of the flag state of the vessel and, when requested, by the competent authority at each port of call; (3) Stowage arrangements have been predetermined for the whole voyage, including any consignments to be loaded at ports of call; (4) The loading, transport and unloading are to be supervised b… |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
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agency TEXT,
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);