cfr_sections
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 46:46:7.0.1.6.32.1.75.1 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | A | Subpart A—General | § 199.01 Purpose. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-2006-24412, 81 FR 40146, June 20, 2016] | (a) This part sets out the requirements for lifesaving appliances and arrangements for all inspected U.S. vessels except for— (1) Offshore supply vessels, which are covered by subchapter L of this chapter; (2) Mobile Offshore Drilling Units (MODU), which are covered by subchapter I-A of this chapter; (3) Towing vessels, which are covered by subchapter M of this chapter; (4) Small passenger vessels, which are covered by subchapters K and T of this chapter; and (5) Sailing school vessels, which are covered by part 169 of this chapter. (b) This subpart and subparts B, C, and D of this part set out the requirements for vessels on international voyages that are subject to the International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1978, as amended (SOLAS). (c) Subparts E and F of this part set out additional requirements, alternatives, and exemptions for vessels that are not subject to SOLAS. | |||
| 46:46:7.0.1.6.32.1.75.10 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | A | Subpart A—General | § 199.45 Tests and inspections of lifesaving equipment and arrangements. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-1999-4976, 65 FR 6510, Feb. 9, 2000] | (a) Initial inspection. The initial inspection of lifesaving appliances and arrangements for certification includes a demonstration of— (1) The proper condition and operation of the survival craft and rescue boat launching appliances at loads ranging from light load to 10 percent overload; (2) The proper condition and operation of lifeboats and rescue boats, including engines and release mechanisms; (3) The proper condition of flotation equipment such as lifebuoys, lifejackets, immersion suits, work vests, lifefloats, buoyant apparatus, and associated equipment; (4) The proper condition of distress signaling equipment, including emergency position indicating radiobeacons (EPIRB), search and rescue transponders (SART), and pyrotechnic signaling devices; (5) The proper condition of line-throwing appliances; (6) The proper condition and operation of embarkation appliances, including embarkation ladders and marine evacuation systems; (7) The ability of the crew to effectively carry out abandon-ship and fire-fighting procedures; and (8) The ability to meet the egress and survival craft launching requirements of this part. (b) Reinspections. Tests and inspections of the lifesaving equipment shall be carried out during each inspection for renewal of certification and periodic inspection, and shall include, as applicable, a demonstration of— (1) The proper condition and operation of the survival craft and rescue boat launching appliances at loads ranging from light load to full load, except that any portion of the load test conducted in connection with replacement or end-for-ending of a fall since the vessel's last inspection or reinspection, need not be repeated; (2) The proper condition and operation of lifeboats and rescue boats, including engines and release mechanisms; (3) The proper condition of flotation equipment such as lifebuoys, lifejackets, immersion suits, work vests, lifefloats, buoyant apparatus, and associated equipment; (4) The proper servicing of each inflatable liferaft and inflatable … | |||
| 46:46:7.0.1.6.32.1.75.2 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | A | Subpart A—General | § 199.03 Relationship to international standards. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended at 63 FR 52816, Oct. 1, 1998; USCG-1999-6216, 64 FR 53229, Oct. 1, 1999] | (a) This subpart and subparts B, C, and D of this part are based on Chapter III, SOLAS. Section numbers in this subpart and subparts B, C, and D of this part are generally related to the regulation numbers in Chapter III, SOLAS, but paragraph designations are not related to the numbering in Chapter III, SOLAS. To find the corresponding Chapter III, SOLAS regulation for this subpart and subparts B, C, and D of this part, beginning with § 199.10, divide the section number following the decimal point by 10. (b) For purposes of this part, any vessel carrying a valid Passenger Ship Safety Certificate supplemented by a Record of Equipment, or a valid Cargo Ship Safety Equipment Certificate supplemented by a Record of Equipment, is considered to have met the requirements of this part if the equipment meets § 199.40 and if, in addition to the requirements of SOLAS Chapter III, the vessel meets the following requirements: (1) Each new lifeboat and launching appliance on a tank vessel may be of aluminum construction only if its stowage location is protected with a water spray system in accordance with § 199.290(b). (2) Each child-size lifejacket and immersion suit must be appropriately marked and stowed separately from adult or extended-size devices as required in § 199.70(b)(2). (3) Each lifejacket and immersion suit must be marked with the vessel's name in accordance with § 199.70 (b)(3) and (c)(3). (4) Inflatable lifejackets, if carried, must be of the same or similar design as required by § 199.70(b). (5) Containers for lifejackets, immersion suits, and anti-exposure suits must be marked as specified in § 199.70(d). (6) Instructions for passengers must include illustrated instructions on the method of donning lifejackets as required in § 199.80(c)(5). (7) Each liferaft must be arranged to permit it to drop into the water from the deck on which it is stowed as required in § 199.130(c)(3). (8) Lifeboats and rescue boats must be arranged to allow safe disembarkation onto the vessel after a drill in accordance wit… | |||
| 46:46:7.0.1.6.32.1.75.3 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | A | Subpart A—General | § 199.05 Incorporation by reference. | USCG | [USCG-2020-0107, 87 FR 68308, Nov. 14, 2022] | Certain material is incorporated by reference in this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at the Coast Guard Headquarters and at the National Archives and Records Administration (NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509, email typeapproval@uscg.mil or visit https://www.dco.uscg.mil/CG-ENG-4/. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email: fr.inspection@nara.gov or go to www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from the following source(s): (a) ASTM International (ASTM). 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; phone: (610) 832 9500; email service@astm.org; web: www.astm.org. (1) ASTM D 93-97, Standard Test Methods for Flash-Point by Pensky-Martens Closed Cup Tester, approved July 10, 1997; IBR approved for §§ 199.261; 199.290. (2) ASTM F1003-02 (Reapproved 2007), Standard Specification for Searchlights on Motor Lifeboats, approved May 1, 2007; IBR approved for § 199.175. (3) ASTM F1014-02 (Reapproved 2007), Standard Specification for Flashlights on Vessels, approved May 1, 2007; IBR approved for § 199.175. (b) International Maritime Organization (IMO). Publications Section, 4 Albert Embankment, London, SE1 7SR, United Kingdom; phone: +44 (0)20 7735 7611; email: info@imo.org; web: www.imo.org. (1) IBC Code, International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, 2016 edition, copyright 2016, Chapter 2 Ship survival capability and location of cargo tanks; IBR approved for § 199.280. (2) IBC Code, International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, 201… | |||
| 46:46:7.0.1.6.32.1.75.4 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | A | Subpart A—General | § 199.07 Additional equipment and requirements. | USCG | The OCMI may require a vessel to carry specialized or additional lifesaving equipment other than as required in this part if the OCMI determines that the conditions of a voyage present uniquely hazardous circumstances that are not adequately addressed by existing requirements. | ||||
| 46:46:7.0.1.6.32.1.75.5 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | A | Subpart A—General | § 199.09 Equivalents. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-2009-0702, 74 FR 49241, Sept. 25, 2009] | When this part requires a particular fitting, material, or lifesaving appliance or arrangement, the Commandant (CG-ENG) may accept any other fitting, material, or lifesaving appliance or arrangement that is at least as effective as that required by this part. The Commandant may require engineering evaluations and tests to determine the equivalent effectiveness of the substitute fitting, material, or lifesaving appliance or arrangement. | |||
| 46:46:7.0.1.6.32.1.75.6 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | A | Subpart A—General | § 199.10 Applicability. | USCG | [CGD 84-069, 63 FR 52817, Oct. 1, 1998; 63 FR 56066, Oct. 20, 1998; 63 FR 63798, Nov. 17, 1998; USCG-1999-6216, 64 FR 53229, Oct. 1, 1999; USCG-2006-24412, 81 FR 40146, June 20, 2016] | (a) General. Unless expressly provided otherwise in this Chapter, this part applies to all vessels inspected under U.S. law as set out in Table 199.10(a). Table 199.10( a )—Lifesaving Requirements for Inspected Vessels Notes: 1 Subchapter W of this chapter does not apply to inspected nonself-propelled vessels without accommodations or work stations on board. 2 Indicates section where primary lifesaving system requirements are located. Other regulations may also apply. 3 Not including vessels solely navigating the Great Lakes of North America and the Saint Lawrence River as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side Anticosti Island, the 63rd meridian. 4 Applies to vessels carrying more than 50 special personnel, or vessels carrying not more than 50 special personnel if the vessels meet the structural fire protection requirements in subchapter H of this chapter for passenger vessels of the same size. 5 Applies to vessels carrying not more than 50 special personnel that do not meet the structural fire protection requirements in subchapter H of this chapter for passenger vessels of the same size. (b) Inspected vessels not covered under this subchapter. This part does not apply to non-self-propelled vessels without accommodations or work stations on board. Unless otherwise required by this chapter, it does not apply to offshore supply vessels; mobile offshore drilling units; small passenger vessels; and sailing school vessels. (c) Conversion of cargo vessel to passenger vessel. For purposes of the application of this part, a cargo vessel, whenever constructed, which is converted to a passenger vessel is deemed to be a passenger vessel that is constructed on the date on which the conversion commences. (d) Vessels on international voyages. This subpart and subparts B, C, and D of this part apply to vessels engaged on international voyages, except— (1) Cargo vessels of less than 500 tons gross tonnage; (2) Vessels not propelled b… | |||
| 46:46:7.0.1.6.32.1.75.7 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | A | Subpart A—General | § 199.20 Exemptions. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended by CGD 96-041, 61 FR 50735, Sept. 27, 1996; USCG-1999-6216, 64 FR 53229, Oct. 1, 1999; USCG-2009-0702, 74 FR 49241, Sept. 25, 2009] | (a) Vessels engaged on international voyages. (1) The following types of vessels engaged on international voyages may request an exemption from Commandant (CG-CVC) from requirements of this part: (i) A vessel for which the sheltered nature and conditions of an international voyage would render the application of any specific requirements of this part unreasonable or unnecessary and which in the course of the voyage does not proceed more than 20 miles from the nearest land. (ii) A vessel embodying features of a novel kind to which the application of any provision of this part would seriously impede research into the development of such features and their incorporation on vessels engaged on international voyages. (2) A written request for exemption under this section must be submitted to the cognizant OCMI for review and forwarding to Commandant (CG-CVC). (b) Single voyage exemption from SOLAS requirements. A vessel that is not normally engaged on international voyages, but which, under exceptional circumstances, is required to undertake a single international voyage, may be exempted from the applicable requirements in this subpart and subparts B, C, and D of this part by the Commandant (CG-CVC). A written request for exemption under this paragraph must be submitted to the cognizant OCMI for review and forwarding to Commandant (CG-CVC). (c) Exemption Certificates. When Commandant (CG-CVC) grants an exemption under paragraph (a) or (b) of this section, an Exemption Certificate describing the exemption will be issued by the appropriate OCMI. The Exemption Certificate must be carried on board the vessel at all times and must be available to Coast Guard personnel upon request. (d) Vessels not engaged on international voyages. (1) If a District Commander determines that the overall safety of the persons on board a vessel will not be significantly reduced, the District Commander may grant an exemption from compliance with a provision of this part to a specific vessel for a specified geographic area within t… | |||
| 46:46:7.0.1.6.32.1.75.8 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | A | Subpart A—General | § 199.30 Definitions. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-1999-6216, 64 FR 53229, Oct. 1, 1999; USCG-1999-5040, 67 FR 34807, May 15, 2002; USCG-2004-18884, 69 FR 58352, Sept. 30, 2004; USCG-2006-24371, 74 FR 11267, Mar. 16, 2009; USCG-2009-0702, 74 FR 49241, Sept. 25, 2009; USCG-2020-0107, 87 FR 68308, Nov. 14, 2022] | The following definitions apply to this part: Accommodation means a cabin, or other covered or enclosed place, intended to be occupied by persons. Each place in which passengers and special personnel is carried is considered an accommodation, whether or not it is covered or enclosed. Accommodations include, but are not limited to halls, dining rooms, mess rooms, lounges, corridors, lavatories, cabins, offices, hospitals, cinemas, game and hobby rooms, and other similar places open to persons on board. Anti-exposure suit means a protective suit designed for use by rescue boat crews and marine evacuation system parties. Approval series means the first six digits of a number assigned by the Coast Guard to approved equipment. Where approval is based on a subpart of subchapter Q of this chapter, the approval series corresponds to the number of the subpart. A listing of current and formerly approved equipment and materials may be found on the Internet at: http://cgmix.uscg.mil/equipment. Each OCMI may be contacted for information concerning approved equipment. Approved lifesaving appliance means carrying an approval granted by the Commandant under subchapter Q of this chapter. Cargo vessel means any vessel that is not a passenger vessel. Certificated person means a person holding a U.S. merchant mariner's document or merchant mariner credential with an endorsement as a lifeboatman or another inclusive rating under part 12 of this chapter. Child, for the purpose of determining the number of lifejackets required under this part, means a person less than 41 kilograms (90 pounds) in mass. Civilian nautical school means any school or branch thereof operated and conducted in the United States, except State nautical schools and schools operated by the United States or any agency thereof, which offers instruction for the primary purpose of training for service in the merchant marine. Coastwise voyage means a voyage on the waters of any ocean or the Gulf of America no more than 20 nautical miles offshore. C… | |||
| 46:46:7.0.1.6.32.1.75.9 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | A | Subpart A—General | § 199.40 Evaluation, testing and approval of lifesaving appliances and arrangements. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-2009-0702, 74 FR 49241, Sept. 25, 2009] | (a) Each item of lifesaving equipment required by this part to be carried on board the vessel must be approved. (b) Each item of lifesaving equipment carried on board the vessel in addition to those required by this part must— (1) Be approved; or (2) Be accepted by the cognizant OCMI for use on the vessel. (c) The Commandant (CG-ENG) may accept a novel lifesaving appliance or arrangement if it provides a level of safety equivalent to the requirements of this part and the appliance or arrangement— (1) Is evaluated and tested in accordance with IMO Resolution A.520(13), Code of Practice for the Evaluation, Testing and Acceptance of Prototype Novel Life-saving Appliances and Arrangements; or (2) Has successfully undergone evaluation and tests that are substantially equivalent to those recommendations. (d) During the vessel's construction and when any modification to the lifesaving arrangement is done after construction, a vessel owner must obtain acceptance of lifesaving arrangements from the Commandant (Marine Safety Center). (e) The OCMI may accept substitute lifesaving appliances other than those required by this part except for— (1) Survival craft and rescue boats; and (2) Survival craft and rescue boat launching and embarkation appliances. (f) Acceptance of lifesaving appliances and arrangements will remain in effect unless— (1) The OCMI deems their condition to be unsatisfactory or unfit for the service intended; or (2) The OCMI deems the crew's ability to use and assist others in the use of the lifesaving appliances or arrangements to be inadequate. | |||
| 46:46:7.0.1.6.32.2.75.1 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.60 Communications. | USCG | (a) Radio lifesaving appliances. Radio lifesaving appliance installations and arrangements must meet the requirements of 47 CFR part 80. (b) Emergency position indicating radiobeacons (EPIRB) and search and rescue transponders (SART). Each EPIRB and SART should have the name of the vessel plainly marked or painted on its label, except for EPIRBs or SARTs in an inflatable liferaft or permanently installed in a survival craft. (c) Distress signals. Each vessel must— (1) Carry not less than 12 rocket parachute flares approved under approval series 160.136; and (2) Stow the flares on or near the vessel's navigating bridge. (d) Onboard communications and alarm systems. Each vessel must meet the requirements for onboard communications between emergency control stations, muster and embarkation stations, and strategic positions on board. Each vessel must also meet the emergency alarm system requirements in subchapter J of this chapter, which must be supplemented by either a public address system or other suitable means of communication. | ||||
| 46:46:7.0.1.6.32.2.75.10 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.145 Marine evacuation system launching arrangements. | USCG | (a) Arrangements. Each marine evacuation system must— (1) Be capable of being deployed by one person; (2) Enable the total number of persons for which it is designed, to be transferred from the vessel into the inflated liferafts within a period of 30 minutes in the case of a passenger vessel and 10 minutes in the case of a cargo vessel from the time an abandon-ship signal is given; (3) Be arranged so that liferafts may be securely attached to and released from the marine evacuation system platform by a person either in the liferaft or on the platform; (4) Be capable of being deployed from the vessel under unfavorable conditions of trim of up to 10 degrees either way and of list of up to 20 degrees either way; (5) If the marine evacuation system has an inclined slide, it must— (i) Be arranged so the angle of the slide from horizontal is within a range of 30 to 35 degrees when the vessel is upright and in its lightest seagoing condition; and (ii) If the vessel is a passenger vessel, be arranged so the angle of the slide from horizontal is no more than 55 degrees in the final stage of flooding as described in subchapter S of this chapter; and (6) Be capable of being restrained by a bowsing line or other positioning system that is designed to deploy automatically and if necessary, is capable of being adjusted to the position required for evacuation. (b) Stowage. Each marine evacuation system must be stowed as follows: (1) There must not be any openings between the marine evacuation system's embarkation station and the vessel's side at the waterline with the vessel in its lightest seagoing condition. (2) The marine evacuation system's launching positions must be arranged, as far as practicable, to be straight down the vessel's side and to safely clear the propeller and any steeply overhanging positions of the hull. (3) The marine evacuation system must be protected from any projections of the vessel's structure or equipment. (4) The marine evacuation system's passage and platform, when deployed; its s… | ||||
| 46:46:7.0.1.6.32.2.75.11 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.150 Survival craft launching and recovery arrangements; general. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-2010-0048, 76 FR 63015, Oct. 11, 2011; 76 FR 70062, Nov. 10, 2011] | (a)(1) Each launching appliance must be approved under 46 CFR part 160, subpart 160.132 for use with the intended craft, with a winch approved under 46 CFR part 160, subpart 160.115 for use with the intended craft. (2) Each launching appliance for a davit-launched liferaft must include an automatic disengaging apparatus approved under 46 CFR part 160, subpart 160.170 and be either— (i) A launching appliance described in paragraph (a)(1) of this section; or (ii) A launching appliance approved on or before November 10, 2011 under approval series 160.163. (b) Unless expressly provided otherwise in this part, each survival craft must be provided with a launching appliance or marine evacuation system, except those survival craft that— (1) Can be boarded from a position on deck less than 4.5 meters (14.75 feet) above the waterline with the vessel in its lightest seagoing condition and that are stowed for launching directly from the stowed position under unfavorable conditions of trim of 10 degrees and list of 20 degrees either way; (2) [Reserved] (3) Are carried in excess of the survival craft for 200 percent of the total number of persons on board the vessel, and that have a mass of not more than 185 kilograms (407 pounds); (4) Are carried in excess of the survival craft for 200 percent of the total number of persons on board the vessel and that are stowed for launching directly from the stowed position under unfavorable conditions or trim of 10 degrees and list of 20 degrees either way; or (5) Are provided for use in conjunction with a marine evacuation system and that are stowed for launching directly from the stowed position under unfavorable conditions of trim of 10 degrees and list of 20 degrees either way. (c) With the exception of the secondary means of launching for free-fall lifeboats, each launching appliance must be arranged so that the fully equipped survival craft it serves can be safely launched against unfavorable conditions of trim of up to 10 degrees either way and of list of up to 20 degree… | |||
| 46:46:7.0.1.6.32.2.75.12 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.153 Survival craft launching and recovery arrangements using falls and a winch. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended at 63 FR 52819, Oct. 1, 1998] | Survival craft launching and recovery arrangements, in addition to meeting the requirements in § 199.150, must meet the following requirements: (a) Each launching mechanism must be arranged so it may be actuated by one person from a position on the vessel's deck, and except for secondary launching appliances for free-fall launching arrangements, from a position within the survival craft. (b) Each fall wire must be of rotation-resistant and corrosion-resistant steel wire rope. (c) The breaking strength of each fall wire and each attachment used on the fall must be at least six times the load imparted on the fall by the fully-loaded survival craft. (d) Each fall must be long enough for the survival craft to reach the water with the vessel in its lightest seagoing condition, under unfavorable conditions of trim, and with the vessel listed not less than 20 degrees either way. (e) Each unguarded fall must not pass near any operating position of the winch, such as hand cranks, pay out wheels, and brake levers. (f) Each winch drum must be arranged so the fall wire winds onto the drum in one or more level wraps. A multiple drum winch must be arranged so that the falls wind off at the same rate when lowering and onto the drums at the same rate when hoisting. (g) Each fall, where exposed to damage or fouling, must have guards or equivalent protection. Each fall that leads along a deck must be covered with a guard that is not more than 300 millimeters (1 foot) above the deck. (h) The lowering speed for a fully loaded survival craft must be not less than the speed obtained from one of the following formulas: (1) S = 0.4 + (0.02 H), where S the lowering speed in meters per second and H is the lowering height in meters from the davit head to the waterline with the vessel in its lightest seagoing condition, with H not greater than 30 regardless of the actual lowering height. (2) S = 79 + (1.2 H), where S is the lowering speed in feet per minute and H is the lowering height in feet from the davit head to the waterline … | |||
| 46:46:7.0.1.6.32.2.75.13 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.155 Lifeboat launching and recovery arrangements. | USCG | Lifeboat launching and recovery arrangements, in addition to meeting the requirements in §§ 199.150 and 199.153, must meet the following requirements: (a) Each lifeboat must be provided with a launching appliance. The launching appliance must be capable of launching and recovering the lifeboat with its crew. (b) Each launching appliance arrangement must allow the operator on the vessel to observe the lifeboat at all times during recovery. (c) Each launching appliance arrangement must be designed to ensure persons can safely disembark from the survival craft prior to its stowage. (d) Each lifeboat, other than a totally enclosed lifeboat, must be provided with a davit span with not less than two lifelines of sufficient length to reach the water with the vessel in its lightest seagoing condition, under unfavorable conditions of trim, and with the vessel listed up to 20 degrees either way. | ||||
| 46:46:7.0.1.6.32.2.75.14 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.157 Free-fall lifeboat launching and recovery arrangements. | USCG | (a) The launching appliance for a free-fall lifeboat must be designed and installed so that the launching appliance and the lifeboat it serves operate as a system to protect the occupants from harmful acceleration forces and to effectively clear the vessel. (b) The launching appliance must be designed and arranged so that, in its ready to launch position, the distance from the lowest point on the lifeboat it serves to the water surface with the vessel in its lightest seagoing condition does not exceed the lifeboat's certificated free-fall height. (c) The launching appliance must be arranged to preclude accidental release of the lifeboat in its unattended stowed position. If the means provided to secure the lifeboat cannot be released from inside the lifeboat, the means to secure the lifeboat must be arranged to preclude boarding the lifeboat without first releasing it. (d) Each free-fall launching arrangement must be provided with a secondary means to launch the lifeboat by falls. Such means must comply with the requirements of §§ 199.150, 199.153, and 199.155. Notwithstanding § 199.150(c), the secondary launching appliance must be capable of launching the lifeboat against unfavorable conditions of trim of 2 degrees either way and of list of 5 degrees either way. The secondary launching appliance need not comply with the speed requirements of § 199.153 (g), (h), and (i). If the secondary launching appliance is not dependent on gravity, stored mechanical power, or other manual means, the launching arrangement must be connected both to the vessel's main and emergency power supplies. | ||||
| 46:46:7.0.1.6.32.2.75.15 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.160 Rescue boat embarkation, launching and recovery arrangements. | USCG | (a) Each rescue boat must be capable of being launched with the vessel making headway of 5 knots in calm water. A painter may be used to meet this requirement. (b) Each rescue boat embarkation and launching arrangement must permit the rescue boat to be boarded and launched in the shortest possible time. (c) The rescue boat must meet the embarkation and launching arrangement requirements of §§ 199.110 (e) and (g), 199.150, 199.155, and if the launching arrangement uses falls and a winch, § 199.153. (d) If the rescue boat is one of the vessel's survival craft, the rescue boat must also meet the following requirements: (1) The rescue boat must meet the muster and embarkation arrangement requirements of § 199.110 and the launching station requirements of § 199.120. (2) If the launching arrangement uses a single fall, the rescue boat may have an automatic disengaging apparatus approved under approval series 160.170 instead of a lifeboat release mechanism. (e) Rapid recovery of the rescue boat must be possible when loaded with its full complement of persons and equipment. If the rescue boat is also a lifeboat, rapid recovery must be possible when loaded with its lifeboat equipment and an approved rescue boat complement of at least six persons. (f) Each rescue boat launching appliance must be fitted with a powered winch motor. (g) Each rescue boat launching appliance must be capable of hoisting the rescue boat when loaded with its full rescue boat complement of persons and equipment at a rate of not less than 0.3 meters per second (59 feet per minute). | ||||
| 46:46:7.0.1.6.32.2.75.16 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.170 Line-throwing appliance. | USCG | (a) General. Each vessel must have a line-throwing appliance approved under approval series 160.040. (b) Stowage. The line-throwing appliance and its equipment must be readily accessible for use. (c) Additional equipment. Each vessel must carry the following equipment for the line-throwing appliance— (1) The equipment on the list provided by the manufacturer with the approved appliance; and (2) An auxiliary line that— (i) Is at least 450 meters (1,500 feet) long; (ii) Has a breaking strength of at least 40 kiloNewtons (9,000 pounds-force); and (iii) Is, if synthetic, of a dark color or certified by the manufacturer to be resistant to deterioration from ultraviolet light. | ||||
| 46:46:7.0.1.6.32.2.75.17 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.175 Survival craft and rescue boat equipment. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996; 61 FR 40281, Aug. 1, 1996; 63 FR 52819, Oct. 1, 1998; USCG-1999-6216, 64 FR 53229, Oct. 1, 1999; USCG-2000-7790, 65 FR 58465, Sept. 29, 2000; USCG-2004-18884, 69 FR 58352, Sept. 30, 2004; USCG-2020-0107, 87 FR 68308, Nov. 14, 2022] | (a) All lifeboat and rescue boat equipment— (1) Must be secured within the boat by lashings, by storage in lockers or compartments, by storage in brackets or similar mounting arrangements, or by other suitable means; (2) Must be secured in such a manner as not to interfere with any abandonment procedures or reduce seating capacity; (3) Must be as small and of as little mass as possible; (4) Must be packed in a suitable compact form; (5) Must be marked with either the Coast Guard approval number or the standard that the product meets, as applicable; and (6) Should be stowed so the items do not— (i) Reduce the seating capacity; (ii) Adversely affect the seaworthiness of the survival craft or rescue boat; or (iii) Overload the launching appliance. (b) Each lifeboat, rigid liferaft, and rescue boat, unless otherwise stated in this paragraph, must carry the equipment listed in this paragraph and specified for it in table 1 to this section under the vessel's category of service. A lifeboat that is also a rescue boat must carry the equipment in the table column marked for a lifeboat. (1) Bailer. The bailer must be buoyant. (2) Bilge pump. The bilge pump must meet the requirements in ISO 18813:2006(E) paragraph 4.3 (incorporated by reference, see § 199.05) and must be installed in a ready-to-use condition. (i) The bilge pump for a lifeboat approved for less than 70 persons must be either size 2 or size 3. (ii) The bilge pump for a lifeboat approved for 70 persons or more must be size 3. (3) Boathook. In the case of a boat launched by falls, the boathook must be kept free for fending-off purposes. For inflated rescue boats and for rigid-inflated rescue boats, each boathook must be designed to minimize the possibility of damage to the inflated portions of the hull. (4) Bucket. The bucket must be made of corrosion-resistant material and should either be buoyant or have an attached lanyard at least 1.8 meters (6 feet) long. (5) Can opener. A can opener must meet the requirements in ISO 18813:2006(E… | |||
| 46:46:7.0.1.6.32.2.75.18 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.176 Markings on lifesaving appliances. | USCG | [CGD 84-69, 61 FR 52313, May 20, 1996, as amended at 63 FR 52819, Oct. 1, 1998] | (a) Lifeboats and rescue boats. Each lifeboat and rescue boat must be plainly marked as follows: (1) Each side of each lifeboat and rescue boat bow must be marked in block capital letters and numbers with— (i) The name of the vessel; and (ii) The name of the port required to be marked on the stern of the vessel to meet the requirements of subpart 67.123 of this chapter. (2) The number of persons for which the boast is equipped must be clearly marked, preferably on the bow, in permanent characters. The number of persons for which the boat is equipped must not exceed the number of persons shown on its nameplate. (3) The number of the boat and a means of identifying the vessel to which the boat belongs, such as the vessel's name, must be plainly marked or painted so that the markings are visible from above the boat. (4) The Type II retro-reflective material approved under approval series 164.018 must be placed on the boat to meet the arrangement requirements in IMO Resolution A.658(16). (b) Rigid liferafts. Each rigid liferaft must be marked as follows: (1) The name of the vessel must be marked on each rigid liferaft. (2) The name of the port required to be marked on the stern of the vessel to meet the requirements of § 67.123 of this chapter must be marked on each rigid liferaft. (3) The rigid liferaft must be marked with the words “SOLAS A pack” or “SOLAS B pack”, to reflect the pack inside. (4) The length of the painter must be marked on each rigid liferaft. (5) At each entrance of each rigid liferaft, the number of persons for which the rigid liferaft is equipped must be marked in letters and numbers at least 100 millimeters (4 inches) high and in a color contrasting to that of the liferaft. The number of persons for which the liferaft is equipped must not exceed the number of persons shown on its nameplate. | |||
| 46:46:7.0.1.6.32.2.75.19 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.178 Marking of stowage locations. | USCG | (a) Containers, brackets, racks, and other similar stowage locations for lifesaving equipment must be marked with symbols in accordance with IMO Resolution A.760(18) indicating the device stowed in that location. (b) If more than one device is stowed in a location, the number of devices stowed must be indicated. (c) Survival craft should be numbered consecutively starting from the vessel's bow. Survival craft on the starboard side should be numbered with odd numerals and survival craft on the port side should be numbered with even numerals. (d) Each liferaft stowage location should be marked with the capacity of the liferaft stowed there. | ||||
| 46:46:7.0.1.6.32.2.75.2 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.70 Personal lifesaving appliances. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended at 63 FR 52818, Oct. 1, 1998; 63 FR 56066, Oct. 20, 1998; 64 FR 53229, Oct. 1, 1999; USCG-2022-0120, 89 FR 97401, Dec. 6, 2024] | (a) Lifebuoys. Each vessel must carry lifebuoys approved under approval series 160.150 as follows: (1) Stowage. Lifebuoys must be stowed as follows: (i) Each lifebuoy must be capable of being rapidly cast loose. (ii) No lifebuoy may be permanently secured to the vessel in any way. (iii) Each lifebuoy stowage position must be marked with either the words “LIFEBUOY” or “LIFE BUOY”, or with the appropriate symbol from IMO Resolution A.760(18). (iv) Lifebuoys must be so distributed as to be readily available on each side of the vessel and, as far as practicable, on each open deck extending to the side of the vessel. At least one lifebuoy must be located near the stern of the vessel. The lifebuoys with attached self-igniting lights must be equally distributed on both sides of the vessel. (v) At least two lifebuoys, each with attached self-activating smoke signals, must be stowed where they can be quickly released from the navigating bridge and should, when released, fall directly into the water without striking any part of the vessel. (2) Markings. Each lifebuoy must be marked in block capital letters with the name of the vessel and the name of the port required to be marked on the stern of the vessel under § 67.123 of part 67 of this chapter. (3) Attachments and fittings. Lifebuoys must have the following attachments and fittings: (i) At least one lifebuoy on each side of the vessel fitted with a buoyant lifeline that is— (A) At least as long as twice the height where it is stowed above the waterline with the vessel in its lightest seagoing condition, or 30 meters (100 feet) in length, whichever is the greater; (B) Non-kinking; (C) Not less than 8 millimeters ( 5/16 inch) in diameter; (D) Of a breaking strength which is not less than 5 kiloNewtons (1,124 pounds-force); and (E) Is, if synthetic, a dark color or certified by the manufacturer to be resistant to deterioration from ultraviolet light. (ii) At least one-half the total number of lifebuoys on the vessel must each be fitted with a self… | |||
| 46:46:7.0.1.6.32.2.75.20 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.180 Training and drills. | USCG | [CGD 84-69, 61 FR 25313, May 20, 1996, as amended at 63 FR 52819, Oct. 1, 1998] | (a) Training materials. Training material must be on board each vessel and must consist of a manual of one or more volumes written in easily understood terms and illustrated wherever possible, or of audiovisual training aids, or of both as follows: (1) If a training manual is used, a copy must be in each crew messroom and recreation room or in each crew cabin. If audiovisual training aids are used, they must be incorporated into the onboard training sessions described in paragraph (g) of this section. (2) The training material must explain in detail— (i) The procedure for donning lifejackets, immersion suits, and anti-exposure suits carried on board; (ii) The procedure for mustering at the assigned stations; (iii) The procedure for boarding, launching, and clearing the survival craft and rescue boats; (iv) The method of launching from within the survival craft; (v) The procedure for releasing survival craft from launching appliances; (vi) The method and use of water spray systems in launching areas when such systems are required for the protection of aluminum survival craft or launching appliances; (vii) The illumination in the launching areas; (viii) The use of all survival equipment; (ix) The use of all detection equipment for the location of survivors or survival craft; (x) With the assistance of illustrations, the use of radio lifesaving appliances; (xi) The use of sea anchors; (xii) The use of the survival craft engine and accessories; (xiii) The recovery of survival craft and rescue boats, including stowage and securing; (xiv) The hazards of exposure and the need for warm clothing; (xv) The best use of the survival craft for survival; (xvi) The methods of retrieval, including the use of helicopter rescue gear such as slings, baskets, and stretchers; the use of breeches-buoy and shore lifesaving apparatus; and the use of the vessel's line-throwing apparatus; (xvii) All other functions contained in the muster list and emergency instructions; and (xviii) The instructions for emergency rep… | |||
| 46:46:7.0.1.6.32.2.75.21 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.190 Operational readiness, maintenance, and inspection of lifesaving equipment. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996; 61 FR 40281, Aug. 1, 1996, as amended by CGD 85-205, 62 FR 25557, May 9, 1997; 63 FR 52819, Oct. 1, 1998; USCG-2001-11118, 67 FR 58542, Sept. 17, 2002; USCG-2014-0688, 79 FR 58289, Sept. 29, 2014; USCG-2020-0519, 89 FR 76707, Sept. 18, 2024] | (a) Operational readiness. Before the vessel leaves port and at all times during the voyage, each lifesaving appliance must be in working order and ready for immediate use. (b) Maintenance. (1) The manufacturer's instructions for onboard maintenance of lifesaving appliances must be on board the vessel. The following must be provided for each appliance. (i) Checklists for use when carrying out the inspections required under paragraph (e) of this section. (ii) Maintenance and repair instructions. (iii) A schedule of periodic maintenance. (iv) A diagram of lubrication points with the recommended lubricants. (v) A list of replaceable parts. (vi) A list of sources of spare parts. (vii) A log for records of inspections and maintenance. (2) In lieu of compliance with paragraph (b)(1) of this section, the OCMI may accept a shipboard planned maintenance program that includes the items listed in that paragraph. (c) Spare parts and repair equipment. Spare parts and repair equipment must be provided for each lifesaving appliance and component that is subject to excessive wear or consumption and that needs to be replaced regularly. (d) Weekly inspections and tests. (1) Each survival craft, rescue boat, and launching appliance must be visually inspected to ensure its readiness for use. (2) Each lifeboat engine and rescue boat engine must be run ahead and astern for a total of not less than 3 minutes unless the ambient temperature is below the minimum temperature required for starting the engine. During this time, demonstrations should indicate that the gear box and gear box train are engaging satisfactorily. If the special characteristics of an outboard motor fitted to a rescue boat would not allow the outboard motor to be run other than with its propeller submerged for a period of 3 minutes, the outboard motor should be run for such period as prescribed in the manufacturer's handbook. (3) The general alarm system must be tested. (e) Monthly inspections. (1) Each lifesaving appliance, including lifeboat… | |||
| 46:46:7.0.1.6.32.2.75.3 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.80 Muster list and emergency instructions. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended at 63 FR 52818, Oct. 1, 1998] | (a) General. Clear instructions must be provided on the vessel that detail the actions each person on board should follow in the event of an emergency. (b) Muster list. Copies of the muster list must be posted in conspicuous places throughout the vessel including on the navigating bridge, in the engine room, and in crew accommodation spaces. The muster list must be posted before the vessel begins its voyage. After the muster list has been prepared, if any change takes place that necessitates an alteration in the muster list, the master must either revise the existing muster list or prepare a new one. Each muster lists must at least specify— (1) The instructions for operating the general emergency alarm system and public address system; (2) The emergency signals; (3) The actions to be taken by the persons on board when each signal is sounded; (4) How the order to abandon the vessel will be given. (5) The officers that are assigned to make sure that lifesaving and firefighting appliances are maintained in good condition and ready for immediate use; (6) The duties assigned to the different members of the crew. Duties to be specified include— (i) Closing the watertight doors, fire doors, valves, scuppers, sidescuttles, skylights, portholes, and other similar openings in the vessel's hull; (ii) Equipping the survival craft and other lifesaving appliances; (iii) Preparing and launching the survival craft; (iv) Preparing other lifesaving appliances; (v) Mustering the passengers and other persons on board; (vi) Using communication equipment; (vii) Manning the emergency squad assigned to deal with fires and other emergencies; and (viii) Using firefighting equipment and installations. (7) The duties assigned to members of the crew in relation to passengers and other persons on board in case of an emergency. Assigned duties to be specified include— (i) Warning the passengers and other persons on board; (ii) Seeing that passengers and other persons on board are suitably dressed and have donned their lif… | |||
| 46:46:7.0.1.6.32.2.75.4 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.90 Operating instructions. | USCG | Each vessel must have posters or signs displayed in the vicinity of each survival craft and the survival craft's launching controls that— (a) Illustrate the purpose of controls; (b) Illustrate the procedures for operating the launching device; (c) Give relevant instructions or warnings; (d) Can be easily seen under emergency lighting conditions; and (e) Display symbols in accordance with IMO Resolution A.760(18). | ||||
| 46:46:7.0.1.6.32.2.75.5 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.100 Manning of survival craft and supervision. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended at 63 FR 52819, Oct. 1, 1998] | (a) There must be a sufficient number of trained persons on board the vessel for mustering and assisting untrained persons. (b) There must be a sufficient number of deck officers, able seamen, or certificated persons on board the vessel to operate the survival craft and launching arrangements required for abandonment by the total number of persons on board. (c) There must be one person placed in charge of each survival craft to be used. The person in charge must— (1) Be a deck officer, able seaman, or certificated person. The OCMI, considering the nature of the voyage, the number of persons permitted on board, and the characteristics of the vessel, may permit persons practiced in the handling and operation of liferafts or inflatable buoyant apparatus to be placed in charge of liferafts or inflatable buoyant apparatus; and (2) Have a list of the survival craft crew and ensure that the crewmembers are acquainted with their duties. (d) There must be a second-in-command designated for each lifeboat. This person should be a deck officer, able seaman, or certificated person. The second-in-command of a lifeboat must also have a list of the lifeboat crew. (e) There must be a person assigned to each motorized survival craft who is capable of operating the engine and carrying out minor adjustments. (f) The master must make sure that the persons required under paragraphs (a), (b), (c), and (d) of this section are equitably distributed among the vessel's survival craft. | |||
| 46:46:7.0.1.6.32.2.75.6 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.110 Survival craft muster and embarkation arrangements. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-1998-4442, 63 FR 52192, Sept. 30, 1998; 63 FR 52819, Oct. 1, 1998] | (a) Each muster station must have sufficient space to accommodate all persons assigned to muster at that station. One or more muster stations must be close to each embarkation station. (b) Each muster station and embarkation station must be readily accessible to accommodation and work areas. (c) Each muster station and embarkation station must be adequately illuminated by lighting with power supplied from the vessel's emergency source of electrical power. (d) Each alleyway, stairway, and exit giving access to a muster and embarkation station must be adequately illuminated by lighting that is capable of having its power supplied by the vessel's emergency source of electrical power. (e) Each davit-launched and free-fall survival craft muster station and embarkation station must be arranged to enable stretcher cases to be placed in the survival craft. (f) Each launching station, or each two adjacent launching stations, must have an embarkation ladder as follows: (1) Each embarkation ladder must be approved under approval series 160.117 or be a rope ladder approved under approval series 160.017. (2) Each embarkation ladder must extend in a single length from the deck to the waterline with the vessel in its lightest seagoing condition under unfavorable conditions of trim and with the vessel listed not less than 15 degrees either way. (3) Provided that there is at least one embarkation ladder on each side of the vessel, the OCMI may permit additional embarkation ladders to be other approved devices that provide safe and rapid access to survival craft in the water. (4) The OCMI may accept other safe and effective means of embarkation for use with a liferaft required under § 199.261(e). (g) If a davit-launched survival craft is embarked over the edge of the deck, the craft must be provided with a means for bringing it against the side of the vessel and holding it alongside the vessel to allow persons to safely embark. (h) If a davit-launched survival craft is not intended to be moved to the stowed position wit… | |||
| 46:46:7.0.1.6.32.2.75.7 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.120 Launching stations. | USCG | (a) Each launching station must be positioned to ensure safe launching with clearance from the propeller and from the steeply overhanging portions of the hull. (b) Each survival craft must be launched down the straight side of the vessel, except for free-fall launched survival craft. (c) Each launching station in the forward part of the vessel must— (1) Be in a sheltered position that is located aft of the collision bulkhead; and (2) Have a launching appliance approved with an endorsement as being of sufficient strength for forward installation. | ||||
| 46:46:7.0.1.6.32.2.75.8 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.130 Stowage of survival craft. | USCG | (a) General. Each survival craft must be stowed— (1) As close to the accommodation and service spaces as possible; (2) So that neither the survival craft nor its stowage arrangements will interfere with the embarkation and operation of any other survival craft or rescue boat at any other launching station; (3) As near the water surface as is safe and practicable; (4) Except for liferafts intended for throw-overboard launching, not less than 2 meters above the waterline with the vessel— (i) In the fully loaded condition; (ii) Under unfavorable conditions of trim; and (iii) Listed up to 20 degrees either way, or to the angle at which the vessel's weatherdeck edge becomes submerged, whichever is less. (5) Sufficiently ready for use so that two crew members can complete preparations for embarkation and launching in less than 5 minutes; (6) In a secure and sheltered position and protected from damage by fire and explosion, as far as practicable; and (7) So as not to require lifting from its stowed position in order to launch, except that— (i) A davit-launched liferaft may be lifted by a manually powered winch from its stowed position to its embarkation position; or (ii) A survival craft that weights 185 kilograms (407.8 pounds) or less may be lifted not more than 300 millimeters (1 foot) in order to launch. (b) Additional lifeboat stowage requirements. In addition to the requirements of paragraph (a) of this section, each lifeboat must be stowed as follows: (1) Each lifeboat for lowering down the side of the vessel must be stowed as far forward of the vessel's propeller as practicable. Each lifeboat, in its stowed position, must be protected from damage by heavy seas. (2) Each lifeboat must be stowed attached to its launching appliance. (3) Each lifeboat must have a means for recharging the lifeboat batteries from the vessel's power supply at a supply voltage not exceeding 50 volts. (c) Additional liferaft stowage requirements. In addition to the requirements of paragraph (a) of this section, ea… | ||||
| 46:46:7.0.1.6.32.2.75.9 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | B | Subpart B—Requirements for All Vessels | § 199.140 Stowage of rescue boats. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended at 63 FR 52819, Oct. 1, 1998] | (a) General. Rescue boats must be stowed— (1) To be ready for launching in not more than 5 minutes. (2) In a position suitable for launching and recovery; (3) In a way that neither the rescue boat nor its stowage arrangements will interfere with the operation of any survival craft at any other launching station; and (4) If it is also a lifeboat, in compliance with the requirements of § 199.130. (b) Each rescue boat must have a means provided for recharging the rescue boat batteries from the vessel's power supply at a supply voltage not exceeding 50 volts. (c) Each inflated rescue boat must be kept fully inflated at all times. | |||
| 46:46:7.0.1.6.32.3.75.1 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | C | Subpart C—Additional Requirements for Passenger Vessels | § 199.200 General. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-1999-6216, 64 FR 53229, Oct. 1, 1999] | Passenger vessels and special purpose vessels described in § 199.10(e), must meet the requirements in this subpart in addition to the requirements in subparts A and B of this part. | |||
| 46:46:7.0.1.6.32.3.75.10 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | C | Subpart C—Additional Requirements for Passenger Vessels | § 199.230 Stowage of survival craft. | USCG | (a) To meet the requirements of § 199.130(b)(1), each lifeboat on a passenger vessel of 80 meters (262 feet) in length and upwards must be stowed where the after-end of the lifeboat is at least 1.5 times the length of the lifeboat forward of the vessel's propeller. (b) The stowage height of a survival craft must take into account the vessel's escape provisions, the vessel's size, and the weather conditions likely to be encountered in the vessel's intended area of operation. (c) The height of the davit head of each davit when it is in position to launch the survival craft should, as far as practicable, not exceed 15 meters (49 feet) to the waterline when the vessel is in its lightest seagoing condition. | ||||
| 46:46:7.0.1.6.32.3.75.11 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | C | Subpart C—Additional Requirements for Passenger Vessels | § 199.240 Muster stations. | USCG | Each passenger vessel must, in addition to meeting the requirements of § 199.110, have muster stations that— (a) Are near the embarkation stations, unless a muster station is also an embarkation station; (b) Permit ready access to the embarkation station, unless a muster station is also an embarkation station; and (c) Have sufficient room to marshal and instruct passengers and special personnel. | ||||
| 46:46:7.0.1.6.32.3.75.12 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | C | Subpart C—Additional Requirements for Passenger Vessels | § 199.245 Survival craft embarkation and launching arrangements. | USCG | (a) Each davit-launched liferaft must be arranged to be rapidly boarded by its full complement of persons. (b) All survival craft required for abandonment by the total number of persons on board must be capable of being launched with the survival crafts' full complement of persons and equipment within a period of 30 minutes from the time the abandon-ship signal is given. | ||||
| 46:46:7.0.1.6.32.3.75.13 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | C | Subpart C—Additional Requirements for Passenger Vessels | § 199.250 Drills. | USCG | (a) An abandon-ship drill and a fire drill, as described in § 199.180, must be conducted on each passenger vessel at least weekly. (b) The entire crew does not have to be involved in every drill, but each crewmember must participate in an abandon-ship drill and a fire drill each month. (c) Passengers and special personnel must be strongly encouraged to attend abandon-ship and fire drills. | ||||
| 46:46:7.0.1.6.32.3.75.2 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | C | Subpart C—Additional Requirements for Passenger Vessels | § 199.201 Survival craft. | USCG | (a) Each survival craft must be approved and equipped as follows: (1) Each lifeboat must be approved under approval series 160.135 and equipped as specified in table 199.175 of this part. (2) Each inflatable liferaft must be approved under approval series 160.151 and equipped with— (i) A SOLAS A pack; or (ii) For a passenger vessel on a short international voyage, a SOLAS B pack. (3) Each rigid liferaft must be approved under approval series 160.118 and equipped as specified in table 199.175 of this part. (4) Each marine evacuation system must be approved under approval series 160.175. (5) Each liferaft must have a capacity of six persons or more. (b) Each passenger vessel must carry the following: (1) A combination of lifeboats and liferafts that have an aggregate capacity sufficient to accommodate the total number of persons on board, provided that— (i) On each side of the vessel, lifeboats with an aggregate capacity sufficient to accommodate at least 37.5 percent of the total number of persons on board are carried; and (ii) Any liferafts that are provided in combination with the lifeboats are served by launching appliances or marine evacuation systems equally distributed on each side of the vessel. (2) In addition to the survival craft required in paragraph (b)(1) of this section, additional liferafts must be provided that have an aggregate capacity sufficient to accommodate at least 25 percent of the total number of persons on board. The additional liferafts— (i) Must be served by at least one launching appliance or marine evacuation system on each side of the vessel. These launching appliances or marine evacuation systems must be those described under paragraph (b)(1)(ii) of this section or be equivalent approved appliances capable of being used on both sides of the vessel; and (ii) Are not required to be stowed in accordance with § 199.130(c)(4). (c) Each passenger vessel engaged on a short international voyage that also complies with the standards of subdivision requirements for vessels on s… | ||||
| 46:46:7.0.1.6.32.3.75.3 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | C | Subpart C—Additional Requirements for Passenger Vessels | § 199.202 Rescue boats. | USCG | (a) Each passenger vessel of 500 tons gross tonnage and over must carry on each side of the vessel at least one rescue boat approved under approval series 160.156 that is equipped as specified in table 199.175 of this part. (b) Each passenger vessel of less than 500 tons gross tonnage must carry at least one rescue boat approved under approval series 160.156 that is equipped as specified in table 199.175 of this part. (c) A lifeboat is accepted as a rescue boat if, in addition to being approved under approval series 160.135, it is also approved under approval series 160.156. | ||||
| 46:46:7.0.1.6.32.3.75.4 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | C | Subpart C—Additional Requirements for Passenger Vessels | § 199.203 Marshalling of liferafts. | USCG | (a) Each passenger vessel must have a lifeboat or rescue boat for each six liferafts when— (1) Each lifeboat and rescue boat is loaded with its full complement of persons; and (2) The minimum number of liferafts necessary to accommodate the remainder of the persons on board have been launched. (b) A passenger vessel engaged on a short international voyage that also complies with the standards of subdivision requirements for vessels on short international voyages as described in subchapter S of this chapter may have a lifeboat or rescue boat for each nine liferafts when— (1) Each lifeboat and rescue boat is loaded with its full complement of persons; and (2) The minimum number of liferafts necessary to accommodate the remainder of the persons on board have been launched. | ||||
| 46:46:7.0.1.6.32.3.75.5 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | C | Subpart C—Additional Requirements for Passenger Vessels | § 199.211 Lifebuoys. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996; 61 FR 40281, Aug. 1, 1996] | (a) Each passenger vessel must carry the number of lifebuoys prescribed in table 199.211 of this section. Table 199.211—Requirements for Lifebuoys for Passenger Vessels (b) Notwithstanding § 199.70(a)(3)(ii), each passenger vessel under 60 meters (196 feet) in length must carry at least six lifebuoys with self-igniting lights. | |||
| 46:46:7.0.1.6.32.3.75.6 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | C | Subpart C—Additional Requirements for Passenger Vessels | § 199.212 Lifejackets. | USCG | (a) In addition to the lifejackets required under § 199.70(b), each passenger vessel must carry lifejackets for at least 5 percent of the total number of persons on board. These lifejackets must be stowed in conspicuous places on deck or at muster stations. (b) Where lifejackets for persons other than the crew are stowed in staterooms located remotely from direct routes between public spaces and muster stations, any additional lifejackets required by § 199.70(b)(2)(v) for these persons must be stowed in the public spaces, near muster stations, or on direct routes between them. These lifejackets must be stowed so that their distribution and donning does not impede orderly movement to muster stations and survival craft embarkation stations. | ||||
| 46:46:7.0.1.6.32.3.75.7 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | C | Subpart C—Additional Requirements for Passenger Vessels | § 199.214 Immersion suits and thermal protective aids. | USCG | (a) Each passenger vessel must carry at least three immersion suits approved under approval series 160.171 for each lifeboat on the vessel. (b) In addition to the requirements in paragraph (a) of this section, each passenger vessel must carry a thermal protective aid approved under approval series 160.174 for each person not provided with an immersion suit. (c) The immersion suits and thermal protective aids required under paragraphs (a) and (b) of this section are not required if the passenger vessel operates only on routes between 32 degrees north and 32 degrees south latitude. | ||||
| 46:46:7.0.1.6.32.3.75.8 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | C | Subpart C—Additional Requirements for Passenger Vessels | § 199.217 Muster list and emergency instructions. | USCG | (a) The format of each passenger vessel muster list required under § 199.80 must be approved by the OCMI. (b) The passenger vessel muster list or emergency instructions must include procedures for locating and rescuing persons other than the crew who may be trapped in their staterooms. (c) As an alternative to the requirements in § 199.80(c), the passenger vessel emergency instructions may meet the requirements of MSC Circular 699 (Guidelines for Passenger Safety Instructions). | ||||
| 46:46:7.0.1.6.32.3.75.9 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | C | Subpart C—Additional Requirements for Passenger Vessels | § 199.220 Survival craft and rescue boat embarkation arrangements. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-1999-6216, 64 FR 53229, Oct. 1, 1999] | (a) Survival craft embarkation arrangements must be designed for— (1) Each lifeboat to be boarded and launched either directly from the stowed position or from an embarkation deck, but not both; and (2) Davit-launched liferafts to be boarded and launched from a position immediately adjacent to the stowed positions or from a position where, as described under § 199.130(c)(4), the liferaft is transferred before launching. (b) Each rescue boat must be able to be boarded and launched directly from the stowed position with the number of persons assigned to crew the rescue boat on board. Notwithstanding paragraph (a)(1) of this section, if the rescue boat is also a lifeboat and the other lifeboats are boarded and launched from an embarkation deck, the arrangements must be such that the rescue boat can also be boarded and launched from the embarkation deck. | |||
| 46:46:7.0.1.6.32.4.75.1 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | D | Subpart D—Additional Requirements for Cargo Vessels | § 199.260 General. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-1999-6216, 64 FR 53229, Oct. 1, 1999] | Cargo vessels and special purpose vessels, as described in § 199.10(f), must meet the requirements in this subpart in addition to the requirements in subparts A and B of this part. | |||
| 46:46:7.0.1.6.32.4.75.2 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | D | Subpart D—Additional Requirements for Cargo Vessels | § 199.261 Survival craft. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-1999-5151, 64 FR 67187, Dec. 1, 1999] | (a) Each survival craft must be approved and equipped as follows: (1) Each lifeboat must be a totally enclosed lifeboat approved under approval series 160.135 and equipped as specified in table 199.175 of this part. (2) Each inflatable liferaft must be approved under approval series 160.151 and be equipped with a SOLAS A pack. (3) Each rigid liferaft must be approved under approval series 160.118 and be equipped as specified in table 199.175 of this part. (4) Each liferaft must have a capacity of six persons or more. (5) Each marine evacuation system must be approved under approval series 160.175. (b) Each cargo vessel must carry— (1) On each side of the vessel, lifeboats with an aggregate capacity sufficient to accommodate the total number of persons on board; and (2) Liferafts— (i) With an aggregate capacity sufficient to accommodate the total number of persons on board and that are stowed in a position providing for easy side-to-side transfer at a single open deck level; or (ii) With an aggregate capacity on each side sufficient to accommodate the total number of persons on board. (c) A cargo vessel is not required to meet the requirements of paragraph (b) of this section if it carries— (1) Lifeboats capable of being free-fall launched over the stern of the vessel that have an aggregate capacity sufficient to accommodate the total number of persons on board; and (2) On each side of the vessel, liferafts with an aggregate capacity sufficient to accommodate the total number of persons on board with the liferafts on at least one side of the vessel being served by launching appliances or marine evacuation systems. (d) Cargo vessels less than 85 meters (278 feet) in length, with the exception of tank vessels, are not required to meet paragraphs (b) or (c) of this section if they meet the following: (1) On each side of the vessel— (i) Liferafts are carried with an aggregate capacity sufficient to accommodate the total number of persons on board and are stowed in a position providing for easy side-to-… | |||
| 46:46:7.0.1.6.32.4.75.3 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | D | Subpart D—Additional Requirements for Cargo Vessels | § 199.262 Rescue boats. | USCG | (a) Each cargo vessel must carry at least one rescue boat. Each rescue boat must be approved under approval series 160.156 and be equipped as specified in table 199.175 of this part. (b) A lifeboat is accepted as a rescue boat if, in addition to being approved under approval series 160.135, it also is approved under approval series 160.156. | ||||
| 46:46:7.0.1.6.32.4.75.4 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | D | Subpart D—Additional Requirements for Cargo Vessels | § 199.271 Lifebuoys. | USCG | Each cargo vessel must carry the number of lifebuoys prescribed in table 199.271 of this section. Table 199.271—Requirements for Lifebuoys on Cargo Vessels | ||||
| 46:46:7.0.1.6.32.4.75.5 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | D | Subpart D—Additional Requirements for Cargo Vessels | § 199.273 Immersion suits. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996; 61 FR 40281, Aug. 1, 1996] | (a) Each cargo vessel must carry an immersion suit approved under approval series 160.171 of an appropriate size for each person on board. (b) If watch stations, work stations, or work sites are remote from cabins, staterooms, or berthing areas and the immersion suits stowed in those locations, there must be, in addition to the immersion suits required under paragraph (a) of this section, enough immersion suits stowed at the watch stations, work stations, or work sites to equal the number of persons normally on watch in, or assigned to, those locations at any time. (c) The immersion suits required under paragraphs (a) and (b) of this section are not required if the cargo vessel operates only on routes between 32 degrees north and 32 degrees south latitude. (d) The immersion suits required under this section can be included to meet the requirements of § 199.70(c). | |||
| 46:46:7.0.1.6.32.4.75.6 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | D | Subpart D—Additional Requirements for Cargo Vessels | § 199.280 Survival craft embarkation and launching arrangements. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-1999-6216, 64 FR 53229, Oct. 1, 1999; USCG-2020-0107, 87 FR 68310, Nov. 14, 2022] | (a) Each lifeboat must be arranged to be boarded and launched directly from the stowed position. (b) Each davit-launched liferaft must be arranged to be boarded and launched from a position immediately adjacent to the stowed position or from a position where, under § 199.130(c)(4), the liferaft is transferred before launching. (c) Cargo vessels of 20,000 tons gross tonnage or more must carry lifeboats that are capable of being launched, using painters if necessary, with the vessel making headway at speeds up to 5 knots in clam water. (d) All survival craft required for abandonment by the total number of persons on board must be capable of being launched with their full complement of persons and equipment within 10 minutes from the time the abandon-ship signal is given. (e) On a tank vessel carrying crude oil, product, chemicals, or liquefied gases, notwithstanding the requirements of § 199.150(c), each launching appliance, together with its lowering and recovery gear, must be arranged so that the fully equipped survival craft the launching appliance serves can be safely lowered on the lower side of the vessel at the angle of heel after damage calculated in accordance with— (1) The International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 (MARPOL 73/78), in the case of an oil tanker; (2) The International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (incorporated by reference, see § 199.05), in the case of a chemical tanker; or (3) The International Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk (incorporated by reference, see § 199.05), in the case of a gas carrier. | |||
| 46:46:7.0.1.6.32.4.75.7 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | D | Subpart D—Additional Requirements for Cargo Vessels | § 199.290 Stowage of survival craft. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-1999-5151, 64 FR 67187, Dec. 1, 1999] | (a) To meet the requirements of § 199.130(b)(1), each lifeboat— (1) On a cargo vessel 80 meters (262 feet) or more in length but less than 120 meters (393 feet) in length, must be stowed with the after-end of the lifeboat at a distance not less than one length of the lifeboat forward of the vessel's propeller; and (2) On a cargo vessel 120 meters (393 feet) or more in length, must be stowed with the after end of the lifeboat not less than 1.5 times the length of the lifeboat forward of the vessel's propeller. (b) On a tank vessel certificated to carry cargos that have a flashpoint less the 60 °C as determined under ASTM D 93 (incorporated by reference, see § 199.05), each lifeboat or launching appliance of aluminum construction must be protected by a water spray system meeting the requirements of part 34, subpart 34.25 of this chapter. (c) Other than the stowage position for the liferaft required under § 199.261(e), no stowage position or muster and embarkation station for a survival craft on a tank vessel may be located on or above a cargo tank, slop tank, or other tank containing explosives or hazardous liquids. (d) Each lifeboat and davit-launched liferaft must be arranged to be boarded by its full complement of persons within 3 minutes from the time the instruction to board is given. | |||
| 46:46:7.0.1.6.32.5.75.1 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | E | Subpart E—Additional Requirements for Vessels Not Subject to SOLAS | § 199.500 General. | USCG | This subpart sets out requirements in addition to the requirements in subparts A, B, C, and D of this part applicable to vessels not subject to SOLAS. | ||||
| 46:46:7.0.1.6.32.5.75.2 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | E | Subpart E—Additional Requirements for Vessels Not Subject to SOLAS | § 199.510 EPIRB requirements. | USCG | (a) Each vessel must carry a category 1 406 MHz satellite EPIRB meeting the requirements of 47 CFR part 80. (b) When the vessel is underway, the EPIRB must be stowed in its float-free bracket with the controls set for automatic activation and be mounted in a manner so that it will float free if the vessel sinks. | ||||
| 46:46:7.0.1.6.32.5.75.3 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | E | Subpart E—Additional Requirements for Vessels Not Subject to SOLAS | § 199.520 Lifeboat requirements. | USCG | When the vessel's lifeboats are used to carry persons to and from the vessel in a harbor or at an anchorage, the survival craft remaining on the vessel must have an aggregate capacity sufficient to accommodate all persons remaining on board. | ||||
| 46:46:7.0.1.6.32.6.75.1 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | F | Subpart F—Exemptions and Alternatives for Vessels Not Subject to SOLAS | § 199.600 General. | USCG | This subpart sets out specific exemptions and alternatives to requirements in subparts A, B, C, D, and E of this part for vessels not subject to SOLAS. | ||||
| 46:46:7.0.1.6.32.6.75.2 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | F | Subpart F—Exemptions and Alternatives for Vessels Not Subject to SOLAS | § 199.610 Exemptions for vessels in specified services. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended at 63 FR 52819, Oct. 1, 1998; USCG-1999-6216, 64 FR 53229, Oct. 1, 1999; USCG-2000-7790, 65 FR 58465, Sept. 29, 2000] | (a) All vessels. Vessels operating in coastwise, Great Lakes, lakes, bays and sounds, and rivers services are exempt from requirements in subparts A through E of this part as specified in table 199.610(a) of this section. Table 199.610( a )—Exemptions for All Vessels in Specified Services Notes: 1 Exempt if the vessel operates on a route with a duration of 30 minutes or less. 2 Exempt if the vessel does not carry persons smaller than the lower size limit of the lifejackets carried. 3 Exempt if the vessel is a ferry or has no overnight accommodations. 4 Exempt if the lifeboat has a carrying capacity of less than 40 persons. 5 Exempt if the distance is less than 3 meters (10 feet) from the embarkation deck to the water with the vessel in its lightest seagoing operating condition. 6 Exempt if the vessel operates on a route on which the water depth is never more than the length of the painter. 7 Exempt if the vessel operates on a fresh water route and inspection shows that the falls are not damaged by corrosion. 8 Exempt if the vessel is non-self propelled and in tow, moored to or alongside a MODU or a self-propelled vessel, or moored to shore. 9 Exempt if the vessel is a cargo vessel under 300 tons gross tonnage and operates on a route no more than 3 nautical miles from shore. 10 Exempt if the vessel operates on a route no more than 3 nautical miles from shore. (b) Passenger vessels. In addition to the exemptions in paragraph (a) of this section, passenger vessels operating in coastwise; Great Lakes; lakes, bays, and sounds; and rivers service are exempt from requirements in subparts A through E of this part as specified in table 199.610(b) of this section. Table 199.610( b )—Exemptions for Passenger Vessels in Specified Services Note: 1 Exempt if the length of vessel is under 60 meters (197 feet) and there are self-igniting lights attached to at least one-half the required lifebuoys. (c) Cargo vessels. In addition to the exemptions in paragraph (a) of this section, cargo vessels ar… | |||
| 46:46:7.0.1.6.32.6.75.3 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | F | Subpart F—Exemptions and Alternatives for Vessels Not Subject to SOLAS | § 199.620 Alternatives for all vessels in a specified service. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996; 61 FR 40281, Aug. 1, 1996, as amended at 63 FR 52820, Oct. 1, 1998; 63 FR 56066, Oct. 20, 1998; USCG-2001-10224, 66 FR 48621, Sept. 21, 2001; USCG-2001-11118, 67 FR 58542, Sept. 17, 2002; USCG-2022-0120, 89 FR 97402, Dec. 6, 2024] | (a) General. Vessels operating in oceans; coastwise; Great Lakes; lakes, bays, and sounds; and rivers service may comply with alternative requirements to subparts A through E of this part as described in this section for the services specified in table 199.620(a) of this section. Table 199.620( a )—Alternative Requirements for All Vessels in a Specified Service 1 Alternative applies if lifebuoy is orange. 2 Alternative applies only to cargo vessels that are less than 500 tons gross tonnage. 3 Alternative applies to cargo vessels that are less than 500 tons gross tonnage and to all passenger vessels. 4 Alternative applies to passenger vessels limited to operating no more than 50 nautical miles from shore. (b) Lifebuoy approval series. As an alternative to a lifebuoy approved under approval series 160.150, vessels may carry a lifebuoy approved under approval series 160.050. (c) Lifejackets approval series. As an alternative to a lifejacket meeting the approval requirements in § 199.70, vessels may carry a lifejacket approved under approval series in subparts 160.002, 160.005, 160.055, 160.077, or 160.255 of part 160 of this chapter. An inflatable lifejacket approved under approval series in subpart 160.255 of part 160 of this chapter must include a full back-up inflation chamber. (d) Lifejacket quantity. Vessels may carry lifejackets as follows: (1) If lifejackets are stowed in cabins, staterooms, or berthing areas that are readily accessible to each watch or work station, the requirement in § 199.70(b)(2)(iv) to have lifejackets at each watch or work station need not be met. (2) If the vessel carries lifejackets that are designated extended-size, then the number of child-size lifejackets carried to meet § 199.70(b)(1)(i) may be reduced. To take the reduction in child-size lifejackets, extended-size lifejackets having the same lower size limit must be substituted for all of the required adult lifejackets. The number of child-size lifejackets required depends on the lower size limit of the exte… | |||
| 46:46:7.0.1.6.32.6.75.4 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | F | Subpart F—Exemptions and Alternatives for Vessels Not Subject to SOLAS | § 199.630 Alternatives for passenger vessels in a specified service. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996; 61 FR 40281, Aug. 1, 1996, as amended at 63 FR 52821, Oct. 1, 1998; 63 FR 56067, Oct. 20, 1998; 63 FR 63798, Nov. 17, 1998] | (a) In addition to the alternatives for certain requirements in § 199.620, passenger vessels operating in oceans; coastwise; Great Lakes; lakes, bays, and sounds; and rivers service may comply with alternative requirements to subparts A through C of this part as described in this section for the services specified in table 199.630(a) of this section. Table 199.630( a )—Alternative Requirements for Passenger Vessels in a Specified Service Notes: 1 Alternative applies if the vessel operates on a route no more than 50 nautical miles from shore. 2 Alternative applies if the vessel is a ferry or has no overnight accommodations for passengers. 3 Alternative applies during periods of the year the vessel operates in warm water. 4 Alternative applies if the vessel operates in shallow water not more than 3 miles from shore where the vessel cannot sink deep enough to submerge the topmost deck. 5 Alternative applies if the vessel operates on sheltered lakes or harbors. (b) As an alternative to distress signals that meet the requirements of § 199.60, vessels may carry at least 12 hand red flare distress signals approved under approval series 160.021 or 160.121. (c) As an alternative to the lifeboat capacity requirements of § 199.201(b)(1)(i), vessels may carry lifeboats with an aggregate capacity sufficient to accommodate not less than 30 percent of the total number of persons on board. These lifeboats must be equally distributed, as far as practicable, on each side of the vessel. Liferafts on these vessels may be either SOLAS A or SOLAS B liferafts. (d) As an alternative to the survival craft requirements of § 199.201(b), vessels may carry inflatable buoyant apparatus having an aggregate capacity, together with the capacities of any lifeboats, rescue boats, and liferafts carried on board sufficient to, accommodate the total number of persons on board. These inflatable buoyant apparatus must— (1) Be served by launching appliances or marine evacuation systems evenly distributed on each side of the vessel if the… | |||
| 46:46:7.0.1.6.32.6.75.5 | 46 | Shipping | I | W | 199 | PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS | F | Subpart F—Exemptions and Alternatives for Vessels Not Subject to SOLAS | § 199.640 Alternatives for cargo vessels in a specified service. | USCG | [CGD 84-069, 61 FR 25313, May 20, 1996, as amended at 63 FR 52821, Oct. 1, 1998] | (a) In addition to the alternatives for certain requirements in § 199.620, cargo vessels operating in oceans; coastwise; Great Lakes; lakes, bays, and sounds; and rivers service may comply with alternative requirements to subparts A, B, and D of this part as described in this section for the services specified in table 199.640(a) of this section. Table 199.640( a )—Alternative Requirements for Cargo Vessels in a Specified Service Notes: 1 Alternative applies to vessels less than 150 tons gross tonnage that do not carry passengers or persons in addition to the crew. 2 Alternative applies to cargo vessels less than 85 meters in length, tank vessels less than 500 tons gross tonnage, and nonself-propelled vessels. 3 Alternative applies during periods of the year that the vessel operates in warm water. 4 Alternative applies if the vessel operates in shallow water not more than 3 miles from shore where the vessel cannot sink deep enough to submerge the topmost deck. 5 Alternative applies if the vessel operates on sheltered lakes or harbors. 6 Alternative applies to vessels less than 500 tons gross tonnage. (b) Vessels of less than 150 tons gross tonnage that do not carry persons other than the crew, may carry, as an alternative to distress signals that meet the requirements of § 199.60, six hand red flare distress signals approved under approval series 160.021 and six hand orange smoke distress signals approved under approval series 160.037. (c) As an alternative to the survival craft requirements of § 199.261(b), (c), or (d), vessels may carry one or more liferafts with an aggregate capacity sufficient to accommodate the total number of persons on board. The liferafts must be— (1) Readily transferable for launching on either side of the vessel; or (2) Supplemented with additional liferafts to bring the total capacity of the liferafts available on each side of the vessel to at least 100 percent of the total number of persons on board. If additional liferafts are provided and the rescue boat required u… | |||
| 49:49:3.1.1.2.15.1.22.1 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | A | Subpart A—General | § 199.1 Scope. | PHMSA | [Amdt. 199-19, 66 FR 47117, Sept. 11, 2001] | This part requires operators of pipeline facilities subject to part 192, 193, or 195 of this chapter to test covered employees for the presence of prohibited drugs and alcohol. | |||
| 49:49:3.1.1.2.15.1.22.2 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | A | Subpart A—General | § 199.2 Applicability. | PHMSA | [Amdt. 199-19, 66 FR 47117, Sept. 11, 2001] | (a) This part applies to pipeline operators only with respect to employees located within the territory of the United States, including those employees located within the limits of the “Outer Continental Shelf “ as that term is defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (b) This part does not apply to any person for whom compliance with this part would violate the domestic laws or policies of another country. (c) This part does not apply to covered functions performed on— (1) Master meter systems, as defined in § 191.3 of this chapter; or (2) Pipeline systems that transport only petroleum gas or petroleum gas/air mixtures. | |||
| 49:49:3.1.1.2.15.1.22.3 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | A | Subpart A—General | § 199.3 Definitions. | PHMSA | [53 FR 47096, Nov. 21, 1988, as amended by Amdt. 199-2, 54 FR 51850, Dec. 18, 1989; 59 FR 62227, Dec. 2, 1994; Amdt. 199-13, 61 FR 18518, Apr. 26, 1996; Amdt. 199-15, 63 FR 13000, Mar. 17, 1998; Amdt. 199-19, 66 FR 47117, Sept. 11, 2001; 68 FR 11750, Mar. 12, 2003; 68 FR 75465, Dec. 31, 2003; 70 FR 11140, Mar. 8, 2005; 84 FR 16775, Apr. 23, 2019] | As used in this part— Accident means an incident reportable under part 191 of this chapter involving gas pipeline facilities or LNG facilities, or an accident reportable under part 195 of this chapter involving hazardous liquid pipeline facilities. Administrator means the Administrator, Pipeline and Hazardous Materials Safety Administration or his or her delegate. Covered employee, employee, or individual to be tested means a person who performs a covered function, including persons employed by operators, contractors engaged by operators, and persons employed by such contractors. Covered function means an operations, maintenance, or emergency-response function regulated by part 192, 193, or 195 of this chapter that is performed on a pipeline or on an LNG facility. DOT Procedures means the Procedures for Transportation Workplace Drug and Alcohol Testing Programs published by the Office of the Secretary of Transportation in part 40 of this title. Fail a drug test means that the confirmation test result shows positive evidence of the presence under DOT Procedures of a prohibited drug in an employee's system. Operator means a person who owns or operates pipeline facilities subject to part 192, 193, or 195 of this chapter. Pass a drug test means that initial testing or confirmation testing under DOT Procedures does not show evidence of the presence of a prohibited drug in a person's system. Performs a covered function includes actually performing, ready to perform, or immediately available to perform a covered function. Positive rate for random drug testing means the number of verified positive results for random drug tests conducted under this part plus the number of refusals of random drug tests required by this part, divided by the total number of random drug tests results ( i.e., positives, negatives, and refusals) under this part. Prohibited drug means any of the substances specified in 49 CFR part 40. Refuse to submit, refuse, or refuse to take means behavior consistent with DOT Procedur… | |||
| 49:49:3.1.1.2.15.1.22.4 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | A | Subpart A—General | § 199.5 DOT procedures. | PHMSA | [Amdt. 199-19, 66 FR 47118, Sept. 11, 2001] | The anti-drug and alcohol programs required by this part must be conducted according to the requirements of this part and DOT Procedures. Terms and concepts used in this part have the same meaning as in DOT Procedures. Violations of DOT Procedures with respect to anti-drug and alcohol programs required by this part are violations of this part. | |||
| 49:49:3.1.1.2.15.1.22.5 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | A | Subpart A—General | § 199.7 Stand-down waivers. | PHMSA | [Amdt. 199-19, 66 FR 47118, Sept. 11, 2001, as amended at 70 FR 11140, Mar. 8, 2005; 74 FR 2894, Jan. 16, 2009] | (a) Each operator who seeks a waiver under § 40.21 of this title from the stand-down restriction must submit an application for waiver in duplicate to the Associate Administrator for Pipeline Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE, Washington, DC 20590-0001. (b) Each application must— (1) Identify § 40.21 of this title as the rule from which the waiver is sought; (2) Explain why the waiver is requested and describe the employees to be covered by the waiver; (3) Contain the information required by § 40.21 of this title and any other information or arguments available to support the waiver requested; and (4) Unless good cause is shown in the application, be submitted at least 60 days before the proposed effective date of the waiver. (c) No public hearing or other proceeding is held directly on an application before its disposition under this section. If the Associate Administrator determines that the application contains adequate justification, he or she grants the waiver. If the Associate Administrator determines that the application does not justify granting the waiver, he or she denies the application. The Associate Administrator notifies each applicant of the decision to grant or deny an application. | |||
| 49:49:3.1.1.2.15.1.22.6 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | A | Subpart A—General | § 199.9 Preemption of State and local laws. | PHMSA | [Amdt. 199-9, 59 FR 7430, Feb. 15, 1994. Redesignated and amended by Amdt. 199-19, 66 FR 47119, Sept. 11, 2001] | (a) Except as provided in paragraph (b) of this section, this part preempts any State or local law, rule, regulation, or order to the extent that: (1) Compliance with both the State or local requirement and this part is not possible; (2) Compliance with the State or local requirement is an obstacle to the accomplishment and execution of any requirement in this part; or (3) The State or local requirement is a pipeline safety standard applicable to interstate pipeline facilities. (b) This part shall not be construed to preempt provisions of State criminal law that impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to transportation employees or employers or to the general public. | |||
| 49:49:3.1.1.2.15.2.22.1 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | B | Subpart B—Drug Testing | § 199.100 Purpose. | PHMSA | [Amdt. 199-19, 66 FR 47118, Sept. 11, 2001] | The purpose of this subpart is to establish programs designed to help prevent accidents and injuries resulting from the use of prohibited drugs by employees who perform covered functions for operators of certain pipeline facilities subject to part 192, 193, or 195 of this chapter. | |||
| 49:49:3.1.1.2.15.2.22.10 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | B | Subpart B—Drug Testing | § 199.117 Recordkeeping. | PHMSA | [53 FR 47096, Nov. 21, 1988, as amended at 58 FR 68260, Dec. 23, 1993. Redesignated and amended by Amdt. 199-19, 66 FR 47119, Sept. 11, 2001; 68 FR 75465, Dec. 31, 2003; Amdt. 199-27, 82 FR 8001, Jan. 23, 2017] | (a) Each operator shall keep the following records for the periods specified and permit access to the records as provided by paragraph (b) of this section: (1) Records that demonstrate the collection process conforms to this part must be kept for at least 3 years. (2) Records of employee drug test that indicate a verified positive result, records that demonstrate compliance with the recommendations of a substance abuse professional, and MIS annual report data shall be maintained for a minimum of five years. (3) Records of employee drug test results that show employees passed a drug test must be kept for at least 1 year. (4) Records confirming that supervisors and employees have been trained as required by this part must be kept for at least 3 years. (5) Records of decisions not to administer post-accident employee drug tests must be kept for at least 3 years. (b) Information regarding an individual's drug testing results or rehabilitation must be released upon the written consent of the individual and as provided by DOT Procedures. Statistical data related to drug testing and rehabilitation that is not name-specific and training records must be made available to the Administrator or the representative of a state agency upon request. | |||
| 49:49:3.1.1.2.15.2.22.11 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | B | Subpart B—Drug Testing | § 199.119 Reporting of anti-drug testing results. | PHMSA | [68 FR 75465, Dec. 31, 2003, as amended by Amdt. 199-20, 69 FR 32898, June 14, 2004; 70 FR 11140, Mar. 8, 2005; 73 FR 16571, Mar. 28, 2008; Amdt. 199-27, 82 FR 8001, Jan. 23, 2017] | (a) Each large operator (having more than 50 covered employees) must submit an annual Management Information System (MIS) report to PHMSA of its anti-drug testing using the MIS form and instructions as required by 49 CFR part 40 (at § 40.26 and appendix H to part 40), not later than March 15 of each year for the prior calendar year (January 1 through December 31). The Administrator may require by notice in the PHMSA Portal ( https://portal.phmsa.dot.gov/phmsaportallanding ) that small operators (50 or fewer covered employees), not otherwise required to submit annual MIS reports, to prepare and submit such reports to PHMSA. (b) Each report required under this section must be submitted electronically at http://damis.dot.gov. An operator may obtain the user name and password needed for electronic reporting from the PHMSA Portal ( https://portal.phmsa.dot.gov/phmsaportallanding ). If electronic reporting imposes an undue burden and hardship, the operator may submit a written request for an alternative reporting method to the Information Resources Manager, Office of Pipeline Safety, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. The request must describe the undue burden and hardship. PHMSA will review the request and may authorize, in writing, an alternative reporting method. An authorization will state the period for which it is valid, which may be indefinite. An operator must contact PHMSA at 202-366-8075, or electronically to informationresourcesmanager@dot.gov to make arrangements for submitting a report that is due after a request for alternative reporting is submitted but before an authorization or denial is received. (c) To calculate the total number of covered employees eligible for random testing throughout the year, as an operator, you must add the total number of covered employees eligible for testing during each random testing period for the year and divide that total by the number of random testing periods. Covered employees, and only cover… | |||
| 49:49:3.1.1.2.15.2.22.2 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | B | Subpart B—Drug Testing | § 199.101 Anti-drug plan. | PHMSA | [53 FR 47096, Nov. 21, 1988, as amended by Amdt. 199-2, 54 FR 51850, Dec. 18, 1989; Amdt. 199-4, 56 FR 31091, July 9, 1991; 56 FR 41077, Aug. 19, 1991; Amdt. 199-13, 61 FR 18518, Apr. 26, 1996; Amdt. 199-15, 63 FR 36863, July 8, 1998. Redesignated by Amdt. 199-19, 66 FR 47118, Sept. 11, 2001; Amdt. 199-25, 78 FR 58915, Sept. 25, 2013] | (a) Each operator shall maintain and follow a written anti-drug plan that conforms to the requirements of this part and the DOT Procedures. The plan must contain— (1) Methods and procedures for compliance with all the requirements of this part, including the employee assistance program; (2) The name and address of each laboratory that analyzes the specimens collected for drug testing; (3) The name and address of the operator's Medical Review Officer, and Substance Abuse Professional; and (4) Procedures for notifying employees of the coverage and provisions of the plan. (b) The Associate Administrator or the State Agency that has submitted a current certification under the pipeline safety laws (49 U.S.C. 60101 et seq. ) with respect to the pipeline facility governed by an operator's plans and procedures may, after notice and opportunity for hearing as provided in 49 CFR 190.206 or the relevant State procedures, require the operator to amend its plans and procedures as necessary to provide a reasonable level of safety. | |||
| 49:49:3.1.1.2.15.2.22.3 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | B | Subpart B—Drug Testing | § 199.103 Use of persons who fail or refuse a drug test. | PHMSA | [53 FR 47096, Nov. 21, 1988, as amended by Amdt. 199-2, 54 FR 51850, Dec. 18, 1989. Redesignated and amended by Amdt. 199-19, 66 FR 47118, Sept. 11, 2001] | (a) An operator may not knowingly use as an employee any person who— (1) Fails a drug test required by this part and the medical review officer makes a determination under DOT Procedures; or (2) Refuses to take a drug test required by this part. (b) Paragraph (a)(1) of this section does not apply to a person who has— (1) Passed a drug test under DOT Procedures; (2) Been considered by the medical review officer in accordance with DOT Procedures and been determined by a substance abuse professional to have successfully completed required education or treatment; and (3) Not failed a drug test required by this part after returning to duty. | |||
| 49:49:3.1.1.2.15.2.22.4 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | B | Subpart B—Drug Testing | § 199.105 Drug tests required. | PHMSA | [53 FR 47096, Nov. 21, 1988, as amended by Amdt. 199-2, 54 FR 51850, Dec. 18, 1989; 59 FR 62227, Dec. 2, 1994; Amdt. 199-15, 63 FR 13000, Mar. 17, 1998; Amdt. 199-15, 63 FR 36863, July 8, 1998. Redesignated and amended by Amdt. 199-19, 66 FR 47118, Sept. 11, 2001; Amdt. 199-27, 82 FR 8001, Jan. 23, 2017] | Each operator shall conduct the following drug tests for the presence of a prohibited drug: (a) Pre-employment testing. No operator may hire or contract for the use of any person as an employee unless that person passes a drug test or is covered by an anti-drug program that conforms to the requirements of this part. (b) Post-accident testing. (1) As soon as possible but no later than 32 hours after an accident, an operator must drug test each surviving covered employee whose performance of a covered function either contributed to the accident or cannot be completely discounted as a contributing factor to the accident. An operator may decide not to test under this paragraph but such a decision must be based on specific information that the covered employee's performance had no role in the cause(s) or severity of the accident. (2) If a test required by this section is not administered within the 32 hours following the accident, the operator must prepare and maintain its decision stating the reasons why the test was not promptly administered. If a test required by paragraph (b)(1) of this section is not administered within 32 hours following the accident, the operator must cease attempts to administer a drug test and must state in the record the reasons for not administering the test. (c) Random testing. (1) Except as provided in paragraphs (c)(2) through (4) of this section, the minimum annual percentage rate for random drug testing shall be 50 percent of covered employees. (2) The Administrator's decision to increase or decrease the minimum annual percentage rate for random drug testing is based on the reported positive rate for the entire industry. All information used for this determination is drawn from the drug MIS reports required by this subpart. In order to ensure reliability of the data, the Administrator considers the quality and completeness of the reported data, may obtain additional information or reports from operators, and may make appropriate modifications in calculating the industry posi… | |||
| 49:49:3.1.1.2.15.2.22.5 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | B | Subpart B—Drug Testing | § 199.107 Drug testing laboratory. | PHMSA | [53 FR 47096, Nov. 21, 1988. Redesignated by Amdt. 199-19, 66 FR 47118, Sept. 11, 2001] | (a) Each operator shall use for the drug testing required by this part only drug testing laboratories certified by the Department of Health and Human Services under the DOT Procedures. (b) The drug testing laboratory must permit— (1) Inspections by the operator before the laboratory is awarded a testing contract; and (2) Unannounced inspections, including examination of records, at any time, by the operator, the Administrator, and if the operator is subject to state agency jurisdiction, a representative of that state agency. | |||
| 49:49:3.1.1.2.15.2.22.6 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | B | Subpart B—Drug Testing | § 199.109 Review of drug testing results. | PHMSA | [53 FR 47096, Nov. 21, 1988, as amended by Amdt. 199-2, 54 FR 51850, Dec. 18, 1989; Amdt. 199-15, 63 FR 13000, Mar. 17, 1998; Amdt. 199-15, 63 FR 36863, July 8, 1998. Redesignated and amended by Amdt. 199-19, 66 FR 47118, Sept. 11, 2001] | (a) MRO appointment. Each operator shall designate or appoint a medical review officer (MRO). If an operator does not have a qualified individual on staff to serve as MRO, the operator may contract for the provision of MRO services as part of its anti-drug program. (b) MRO qualifications. Each MRO must be a licensed physician who has the qualifications required by DOT Procedures. (c) MRO duties. The MRO must perform functions for the operator as required by DOT Procedures. (d) MRO reports. The MRO must report all drug test results to the operator in accordance with DOT Procedures. (e) Evaluation and rehabilitation may be provided by the operator, by a substance abuse professional under contract with the operator, or by a substance abuse professional not affiliated with the operator. The choice of substance abuse professional and assignment of costs shall be made in accordance with the operator/employee agreements and operator/employee policies. (f) The operator shall ensure that a substance abuse professional, who determines that a covered employee requires assistance in resolving problems with drug abuse, does not refer the covered employee to the substance abuse professional's private practice or to a person or organization from which the substance abuse professional receives remuneration or in which the substance abuse professional has a financial interest. This paragraph does not prohibit a substance abuse professional from referring a covered employee for assistance provided through: (1) A public agency, such as a State, county, or municipality; (2) The operator or a person under contract to provide treatment for drug problems on behalf of the operator; (3) The sole source of therapeutically appropriate treatment under the employee's health insurance program; or (4) The sole source of therapeutically appropriate treatment reasonably accessible to the employee. | |||
| 49:49:3.1.1.2.15.2.22.7 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | B | Subpart B—Drug Testing | § 199.111 [Reserved] | PHMSA | |||||
| 49:49:3.1.1.2.15.2.22.8 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | B | Subpart B—Drug Testing | § 199.113 Employee assistance program. | PHMSA | [53 FR 47096, Nov. 21, 1988. Redesignated by Amdt. 199-19, 66 FR 47118, Sept. 11, 2001] | (a) Each operator shall provide an employee assistance program (EAP) for its employees and supervisory personnel who will determine whether an employee must be drug tested based on reasonable cause. The operator may establish the EAP as a part of its internal personnel services or the operator may contract with an entity that provides EAP services. Each EAP must include education and training on drug use. At the discretion of the operator, the EAP may include an opportunity for employee rehabilitation. (b) Education under each EAP must include at least the following elements: display and distribution of informational material; display and distribution of a community service hot-line telephone number for employee assistance; and display and distribution of the employer's policy regarding the use of prohibited drugs. (c) Training under each EAP for supervisory personnel who will determine whether an employee must be drug tested based on reasonable cause must include one 60-minute period of training on the specific, contemporaneous physical, behavioral, and performance indicators of probable drug use. | |||
| 49:49:3.1.1.2.15.2.22.9 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | B | Subpart B—Drug Testing | § 199.115 Contractor employees. | PHMSA | [53 FR 47096, Nov. 21, 1988. Redesignated by Amdt. 199-19, 66 FR 47118, Sept. 11, 2001] | With respect to those employees who are contractors or employed by a contractor, an operator may provide by contract that the drug testing, education, and training required by this part be carried out by the contractor provided: (a) The operator remains responsible for ensuring that the requirements of this part are complied with; and (b) The contractor allows access to property and records by the operator, the Administrator, and if the operator is subject to the jurisdiction of a state agency, a representative of the state agency for the purpose of monitoring the operator's compliance with the requirements of this part. | |||
| 49:49:3.1.1.2.15.3.22.1 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.200 Purpose. | PHMSA | The purpose of this subpart is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol by employees who perform covered functions for operators of certain pipeline facilities subject to parts 192, 193, or 195 of this chapter. | ||||
| 49:49:3.1.1.2.15.3.22.10 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.219 Pre-duty use. | PHMSA | Each operator shall prohibit a covered employee from using alcohol within four hours prior to performing covered functions, or, if an employee is called to duty to respond to an emergency, within the time period after the employee has been notified to report for duty. No operator having actual knowledge that a covered employee has used alcohol within four hours prior to performing covered functions or within the time period after the employee has been notified to report for duty shall permit that covered employee to perform or continue to perform covered functions. | ||||
| 49:49:3.1.1.2.15.3.22.11 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.221 Use following an accident. | PHMSA | Each operator shall prohibit a covered employee who has actual knowledge of an accident in which his or her performance of covered functions has not been discounted by the operator as a contributing factor to the accident from using alcohol for eight hours following the accident, unless he or she has been given a post-accident test under § 199.225(a), or the operator has determined that the employee's performance could not have contributed to the accident. | ||||
| 49:49:3.1.1.2.15.3.22.12 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.223 Refusal to submit to a required alcohol test. | PHMSA | Each operator shall require a covered employee to submit to a post-accident alcohol test required under § 199.225(a), a reasonable suspicion alcohol test required under § 199.225(b), or a follow-up alcohol test required under § 199.225(d). No operator shall permit an employee who refuses to submit to such a test to perform or continue to perform covered functions. | ||||
| 49:49:3.1.1.2.15.3.22.13 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.225 Alcohol tests required. | PHMSA | [Amdt. 199-9, 59 FR 7430, Feb. 15, 1994, as amended at 59 FR 62239, 62246, Dec. 2, 1994; Redesignated by Amdt. 199-19, 66 FR 47119, Sept. 11, 2001; 70 FR 11140, March 8, 2005; Amdt. 199-27, 82 FR 8001, Jan. 23, 2017] | Each operator must conduct the following types of alcohol tests for the presence of alcohol: (a) Post-accident. (1) As soon as practicable following an accident, each operator must test each surviving covered employee for alcohol if that employee's performance of a covered function either contributed to the accident or cannot be completely discounted as a contributing factor to the accident. The decision not to administer a test under this section must be based on specific information that the covered employee's performance had no role in the cause(s) or severity of the accident. (2)(i) If a test required by this section is not administered within 2 hours following the accident, the operator shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by paragraph (a) is not administered within 8 hours following the accident, the operator shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. (ii) [Reserved] (3) A covered employee who is subject to post-accident testing who fails to remain readily available for such testing, including notifying the operator or operator representative of his/her location if he/she leaves the scene of the accident prior to submission to such test, may be deemed by the operator to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. (b) Reasonable suspicion testing. (1) Each operator shall require a covered employee to submit to an alcohol test when the operator has reasonable suspicion to believe that the employee has violated the prohibitions in this subpart. (2) The operator's determination that reasonable suspicion exists to require… | |||
| 49:49:3.1.1.2.15.3.22.14 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.227 Retention of records. | PHMSA | [Amdt. 199-9, 59 FR 7430, Feb. 15, 1994, unless otherwise noted. Redesignated by Amdt. 199-19, 66 FR 47118, Sept. 11, 2001, as amended by Amdt. 199-27, 82 FR 8001, Jan. 23, 2017] | (a) General requirement. Each operator shall maintain records of its alcohol misuse prevention program as provided in this section. The records shall be maintained in a secure location with controlled access. (b) Period of retention. Each operator shall maintain the records in accordance with the following schedule: (1) Five years. Records of employee alcohol test results with results indicating an alcohol concentration of 0.02 or greater, documentation of refusals to take required alcohol tests, calibration documentation, employee evaluation and referrals, and MIS annual report data shall be maintained for a minimum of five years. (2) Two years. Records related to the collection process (except calibration of evidential breath testing devices), and training shall be maintained for a minimum of two years. (3) One year. Records of all test results below 0.02 (as defined in 49 CFR part 40) shall be maintained for a minimum of one year. (4) Three years. Records of decisions not to administer post-accident employee alcohol tests must be kept for a minimum of three years. (c) Types of records. The following specific records shall be maintained: (1) Records related to the collection process: (i) Collection log books, if used. (ii) Calibration documentation for evidential breath testing devices. (iii) Documentation of breath alcohol technician training. (iv) Documents generated in connection with decisions to administer reasonable suspicion alcohol tests. (v) Documents generated in connection with decisions on post- accident tests. (vi) Documents verifying existence of a medical explanation of the inability of a covered employee to provide adequate breath for testing. (2) Records related to test results: (i) The operator's copy of the alcohol test form, including the results of the test. (ii) Documents related to the refusal of any covered employee to submit to an alcohol test required by this subpart. (iii) Documents presented by a covered employee to dispute the result of an alcohol test… | |||
| 49:49:3.1.1.2.15.3.22.15 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.229 Reporting of alcohol testing results. | PHMSA | [68 FR 75466, Dec. 31, 2003, as amended by Amdt. 199-20, 69 FR 32898, June 14, 2004; 70 FR 11140, Mar. 8, 2005; 73 FR 16571, Mar. 28, 2008; 74 FR 2895, Jan. 16, 2009; Amdt. 199-27, 82 FR 8001, Jan. 23, 2017] | (a) Each large operator (having more than 50 covered employees) must submit an annual MIS report to PHMSA of its alcohol testing results using the MIS form and instructions as required by 49 CFR part 40 (at § 40.26 and appendix H to part 40), not later than March 15 of each year for the prior calendar year (January 1 through December 31). The Administrator may require by notice in the PHMSA Portal ( https://portal.phmsa.dot.gov/phmsaportallanding ) that small operators (50 or fewer covered employees), not otherwise required to submit annual MIS reports, to prepare and submit such reports to PHMSA. (b) Each operator that has a covered employee who performs multi-DOT agency functions (e.g., an employee performs pipeline maintenance duties and drives a commercial motor vehicle), count the employee only on the MIS report for the DOT agency under which he or she is tested. Normally, this will be the DOT agency under which the employee performs more than 50% of his or her duties. Operators may have to explain the testing data for these employees in the event of a DOT agency inspection or audit. (c) Each report required under this section must be submitted electronically at http://damis.dot.gov. An operator may obtain the user name and password needed for electronic reporting from the PHMSA Portal ( https://portal.phmsa.dot.gov/phmsaportallanding ). If electronic reporting imposes an undue burden and hardship, the operator may submit a written request for an alternative reporting method to the Information Resources Manager, Office of Pipeline Safety, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. The request must describe the undue burden and hardship. PHMSA will review the request and may authorize, in writing, an alternative reporting method. An authorization will state the period for which it is valid, which may be indefinite. An operator must contact PHMSA at 202-366-8075, or electronically to informationresourcesmanager@dot.gov to make arrangements fo… | |||
| 49:49:3.1.1.2.15.3.22.16 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.231 Access to facilities and records. | PHMSA | [Amdt. 199-9, 59 FR 7430, Feb. 15, 1994, as amended by Amdt. 199-19, 66 FR 47119, Sept. 11, 2001] | (a) Except as required by law or expressly authorized or required in this subpart, no employer shall release covered employee information that is contained in records required to be maintained in § 199.227. (b) A covered employee is entitled, upon written request, to obtain copies of any records pertaining to the employee's use of alcohol, including any records pertaining to his or her alcohol tests. The operator shall promptly provide the records requested by the employee. Access to an employee's records shall not be contingent upon payment for records other than those specifically requested. (c) Each operator shall permit access to all facilities utilized in complying with the requirements of this subpart to the Secretary of Transportation, any DOT agency, or a representative of a state agency with regulatory authority over the operator. (d) Each operator shall make available copies of all results for employer alcohol testing conducted under this subpart and any other information pertaining to the operator's alcohol misuse prevention program, when requested by the Secretary of Transportation, any DOT agency with regulatory authority over the operator, or a representative of a state agency with regulatory authority over the operator. The information shall include name-specific alcohol test results, records, and reports. (e) When requested by the National Transportation Safety Board as part of an accident investigation, an operator shall disclose information related to the operator's administration of any post- accident alcohol tests administered following the accident under investigation. (f) An operator shall make records available to a subsequent employer upon receipt of the written request from the covered employee. Disclosure by the subsequent employer is permitted only as expressly authorized by the terms of the employee's written request. (g) An operator may disclose information without employee consent as provided by DOT Procedures concerning certain legal proceedings. (h) An operator shall release… | |||
| 49:49:3.1.1.2.15.3.22.17 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.233 Removal from covered function. | PHMSA | Except as provided in §§ 199.239 through 199.243, no operator shall permit any covered employee to perform covered functions if the employee has engaged in conduct prohibited by §§ 199.215 through 199.223 or an alcohol misuse rule of another DOT agency. | ||||
| 49:49:3.1.1.2.15.3.22.18 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.235 Required evaluation and testing. | PHMSA | No operator shall permit a covered employee who has engaged in conduct prohibited by §§ 199.215 through 199.223 to perform covered functions unless the employee has met the requirements of § 199.243. | ||||
| 49:49:3.1.1.2.15.3.22.19 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.237 Other alcohol-related conduct. | PHMSA | (a) No operator shall permit a covered employee tested under the provisions of § 199.225, who is found to have an alcohol concentration of 0.02 or greater but less than 0.04, to perform or continue to perform covered functions, until: (1) The employee's alcohol concentration measures less than 0.02 in accordance with a test administered under § 199.225(e); or (2) The start of the employee's next regularly scheduled duty period, but not less than eight hours following administration of the test. (b) Except as provided in paragraph (a) of this section, no operator shall take any action under this subpart against an employee based solely on test results showing an alcohol concentration less than 0.04. This does not prohibit an operator with authority independent of this subpart from taking any action otherwise consistent with law. | ||||
| 49:49:3.1.1.2.15.3.22.2 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.201 [Reserved] | PHMSA | |||||
| 49:49:3.1.1.2.15.3.22.20 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.239 Operator obligation to promulgate a policy on the misuse of alcohol. | PHMSA | (a) General requirements. Each operator shall provide educational materials that explain these alcohol misuse requirements and the operator's policies and procedures with respect to meeting those requirements. (1) The operator shall ensure that a copy of these materials is distributed to each covered employee prior to start of alcohol testing under this subpart, and to each person subsequently hired for or transferred to a covered position. (2) Each operator shall provide written notice to representatives of employee organizations of the availability of this information. (b) Required content. The materials to be made available to covered employees shall include detailed discussion of at least the following: (1) The identity of the person designated by the operator to answer covered employee questions about the materials. (2) The categories of employees who are subject to the provisions of this subpart. (3) Sufficient information about the covered functions performed by those employees to make clear what period of the work day the covered employee is required to be in compliance with this subpart. (4) Specific information concerning covered employee conduct that is prohibited by this subpart. (5) The circumstances under which a covered employee will be tested for alcohol under this subpart. (6) The procedures that will be used to test for the presence of alcohol, protect the covered employee and the integrity of the breath testing process, safeguard the validity of the test results, and ensure that those results are attributed to the correct employee. (7) The requirement that a covered employee submit to alcohol tests administered in accordance with this subpart. (8) An explanation of what constitutes a refusal to submit to an alcohol test and the attendant consequences. (9) The consequences for covered employees found to have violated the prohibitions under this subpart, including the requirement that the employee be removed immediately from covered functions, and the procedures under § 199.243. … | ||||
| 49:49:3.1.1.2.15.3.22.21 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.241 Training for supervisors. | PHMSA | Each operator shall ensure that persons designated to determine whether reasonable suspicion exists to require a covered employee to undergo alcohol testing under § 199.225(b) receive at least 60 minutes of training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse. | ||||
| 49:49:3.1.1.2.15.3.22.22 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.243 Referral, evaluation, and treatment. | PHMSA | (a) Each covered employee who has engaged in conduct prohibited by §§ 199.215 through 199.223 of this subpart shall be advised of the resources available to the covered employee in evaluating and resolving problems associated with the misuse of alcohol, including the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs. (b) Each covered employee who engages in conduct prohibited under §§ 199.215 through 199.223 shall be evaluated by a substance abuse professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse. (c)(1) Before a covered employee returns to duty requiring the performance of a covered function after engaging in conduct prohibited by §§ 199.215 through 199.223 of this subpart, the employee shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02. (2) In addition, each covered employee identified as needing assistance in resolving problems associated with alcohol misuse— (i) Shall be evaluated by a substance abuse professional to determine that the employee has properly followed any rehabilitation program prescribed under paragraph (b) of this section, and (ii) Shall be subject to unannounced follow-up alcohol tests administered by the operator following the employee's return to duty. The number and frequency of such follow-up testing shall be determined by a substance abuse professional, but shall consist of at least six tests in the first 12 months following the employee's return to duty. In addition, follow-up testing may include testing for drugs, as directed by the substance abuse professional, to be performed in accordance with 49 CFR part 40. Follow-up testing shall not exceed 60 months from the date of the employee's return to duty. The substance abuse professional may terminate the requirement for follow-up testing at any time after the first six tests have been administered, if the substance abuse professiona… | ||||
| 49:49:3.1.1.2.15.3.22.23 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.245 Contractor employees. | PHMSA | (a) With respect to those covered employees who are contractors or employed by a contractor, an operator may provide by contract that the alcohol testing, training and education required by this subpart be carried out by the contractor provided: (b) The operator remains responsible for ensuring that the requirements of this subpart and part 40 of this title are complied with; and (c) The contractor allows access to property and records by the operator, the Administrator, any DOT agency with regulatory authority over the operator or covered employee, and, if the operator is subject to the jurisdiction of a state agency, a representative of the state agency for the purposes of monitoring the operator's compliance with the requirements of this subpart and part 40 of this title. | ||||
| 49:49:3.1.1.2.15.3.22.3 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.202 Alcohol misuse plan. | PHMSA | [Amdt. 199-9, 59 FR 7430, Feb. 15, 1994, as amended by Amdt. 199-19, 66 FR 47119, Sept. 11, 2001] | Each operator must maintain and follow a written alcohol misuse plan that conforms to the requirements of this part and DOT Procedures concerning alcohol testing programs. The plan shall contain methods and procedures for compliance with all the requirements of this subpart, including required testing, recordkeeping, reporting, education and training elements. | |||
| 49:49:3.1.1.2.15.3.22.4 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | §§ 199.203-199.205 [Reserved] | PHMSA | |||||
| 49:49:3.1.1.2.15.3.22.5 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.209 Other requirements imposed by operators. | PHMSA | [Amdt. 199-9, 59 FR 7430, Feb. 15, 1994, as amended by Amdt. 199-19, 66 FR 47119, Sept. 11, 2001] | (a) Except as expressly provided in this subpart, nothing in this subpart shall be construed to affect the authority of operators, or the rights of employees, with respect to the use or possession of alcohol, including authority and rights with respect to alcohol testing and rehabilitation. (b) Operators may, but are not required to, conduct pre-employment alcohol testing under this subpart. Each operator that conducts pre-employment alcohol testing must— (1) Conduct a pre-employment alcohol test before the first performance of covered functions by every covered employee (whether a new employee or someone who has transferred to a position involving the performance of covered functions); (2) Treat all covered employees the same for the purpose of pre-employment alcohol testing ( i.e. , you must not test some covered employees and not others); (3) Conduct the pre-employment tests after making a contingent offer of employment or transfer, subject to the employee passing the pre-employment alcohol test; (4) Conduct all pre-employment alcohol tests using the alcohol testing procedures in DOT Procedures; and (5) Not allow any covered employee to begin performing covered functions unless the result of the employee's test indicates an alcohol concentration of less than 0.04. | |||
| 49:49:3.1.1.2.15.3.22.6 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.211 Requirement for notice. | PHMSA | Before performing an alcohol test under this subpart, each operator shall notify a covered employee that the alcohol test is required by this subpart. No operator shall falsely represent that a test is administered under this subpart. | ||||
| 49:49:3.1.1.2.15.3.22.7 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.213 [Reserved] | PHMSA | |||||
| 49:49:3.1.1.2.15.3.22.8 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.215 Alcohol concentration. | PHMSA | Each operator shall prohibit a covered employee from reporting for duty or remaining on duty requiring the performance of covered functions while having an alcohol concentration of 0.04 or greater. No operator having actual knowledge that a covered employee has an alcohol concentration of 0.04 or greater shall permit the employee to perform or continue to perform covered functions. | ||||
| 49:49:3.1.1.2.15.3.22.9 | 49 | Transportation | I | D | 199 | PART 199—DRUG AND ALCOHOL TESTING | C | Subpart C—Alcohol Misuse Prevention Program | § 199.217 On-duty use. | PHMSA | Each operator shall prohibit a covered employee from using alcohol while performing covered functions. No operator having actual knowledge that a covered employee is using alcohol while performing covered functions shall permit the employee to perform or continue to perform covered functions. |
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title_name TEXT,
chapter TEXT,
subchapter TEXT,
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