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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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| 15:15:1.1.1.1.32.1.5.1 | 15 | Commerce and Foreign Trade | 28 | PART 28—NEW RESTRICTIONS ON LOBBYING | A | Subpart A—General | § 28.100 Conditions on use of funds. | DOC | (a) No appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative ageement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) Each person who requests or receives from an agency a Federal contract, grant, loan, or cooperative agreement shall file with that agency a certification, set forth in appendix A, that the person has not made, and will not make, any payment prohibited by paragraph (a) of this section. (c) Each person who requests or receives from an agency a Federal contract, grant, loan, or a cooperative agreement shall file with that agency a disclosure form, set forth in appendix B, if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under paragraph (a) of this section if paid for with appropriated funds. (d) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a statement, set forth in appendix A, whether that person has made or has agreed to make any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guarantee. (e) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a disclosure form, … | ||||||
| 15:15:1.1.1.1.32.1.5.2 | 15 | Commerce and Foreign Trade | 28 | PART 28—NEW RESTRICTIONS ON LOBBYING | A | Subpart A—General | § 28.105 Definitions. | DOC | For purposes of this part: (a) Agency, as defined in 5 U.S.C. 552(f), includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1). (b) Covered Federal action means any of the following Federal actions: (1) The awarding of any Federal contract; (2) The making of any Federal grant; (3) The making of any Federal loan; (4) The entering into of any cooperative agreement; and, (5) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan. Loan guarantees and loan insurance are addressed independently within this part. (c) Federal contract means an acquisition contract awarded by an agency, including those subject to the Federal Acquisition Regulation (FAR), and any other acquisition contract for real or personal property or services not subject to the FAR. (d) Federal cooperative agreement means a cooperative agreement entered into by an agency. (e) Federal grant means an award of financial assistance in the form of money, or property in lieu of money, by the Federal Government or a direct appropriation made by law to any person. The term does not include technical assistance which provides services instead of money, or other assistance in the form of revenue sharing, loans, loan guarantees, loan insurance, interest subsidies, insurance, or direct United States cash assistance to an individual. (f) Federal loan means a loan made by an agency. The term does not include loan guarantee or loan insurance. (g) Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act. (h) Influencing or attempting to influence mea… | ||||||
| 15:15:1.1.1.1.32.1.5.3 | 15 | Commerce and Foreign Trade | 28 | PART 28—NEW RESTRICTIONS ON LOBBYING | A | Subpart A—General | § 28.110 Certification and disclosure. | DOC | (a) Each person shall file a certification, and a disclosure form, if required, with each submission that initiates agency consideration of such person for: (1) Award of a Federal contract, grant, or cooperative agreement exceeding $100,000; or (2) An award of a Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000. (b) Each person shall file a certification, and a disclosure form, if required, upon receipt by such person of: (1) A Federal contract, grant, or cooperative agreement exceeding $100,000; or (2) A Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000, unless such person previously filed a certification, and a disclosure form, if required, under paragraph (a) of this section. (c) Each person shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under paragraphs (a) or (b) of this section. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or, (3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action. (d) Any person who requests or receives from a person referred to in paragraphs (a) or (b) of this section: (1) A subcontract exceeding $100,000 at any tier under a Federal contract; (2) A subgrant, contract, or subcontract exceeding $100,000 at any tier under a Federal grant; (3) A contract or subcontract exceeding $100,000 at any tier under a Federal loan exceeding $150,000; or, (4) A contract or subcontract exceeding $100… | ||||||
| 15:15:1.1.1.1.32.2.5.1 | 15 | Commerce and Foreign Trade | 28 | PART 28—NEW RESTRICTIONS ON LOBBYING | B | Subpart B—Activities by Own Employees | § 28.200 Agency and legislative liaison. | DOC | (a) The prohibition on the use of appropriated funds, in § 28.100 (a), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement if the payment is for agency and legislative liaison activities not directly related to a covered Federal action. (b) For purposes of paragraph (a) of this section, providing any information specifically requested by an agency or Congress is allowable at any time. (c) For purposes of paragraph (a) of this section, the following agency and legislative liaison activities are allowable at any time only where they are not related to a specific solicitation for any covered Federal action: (1) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and, (2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. (d) For purposes of paragraph (a) of this section, the following agencies and legislative liaison activities are allowable only where they are prior to formal solicitation of any covered Federal action: (1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action; (2) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and, (3) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public Law 95-507 and other subsequent amendments. (e) Only those activities expressly authorized by this section are allowable under this section. | ||||||
| 15:15:1.1.1.1.32.2.5.2 | 15 | Commerce and Foreign Trade | 28 | PART 28—NEW RESTRICTIONS ON LOBBYING | B | Subpart B—Activities by Own Employees | § 28.205 Professional and technical services. | DOC | (a) The prohibition on the use of appropriated funds, in § 28.100(a), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement or an extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal contract, grant, loan, or cooperative agreement or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract, grant, loan, or cooperative agreement. (b) For purposes of paragraph (a) of this section, “professional and technical services” shall be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communica… | ||||||
| 15:15:1.1.1.1.32.2.5.3 | 15 | Commerce and Foreign Trade | 28 | PART 28—NEW RESTRICTIONS ON LOBBYING | B | Subpart B—Activities by Own Employees | § 28.210 Reporting. | DOC | No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. | ||||||
| 15:15:1.1.1.1.32.3.5.1 | 15 | Commerce and Foreign Trade | 28 | PART 28—NEW RESTRICTIONS ON LOBBYING | C | Subpart C—Activities by Other Than Own Employees | § 28.300 Professional and technical services. | DOC | (a) The prohibition on the use of appropriated funds, in § 28.100 (a), does not apply in the case of any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action, if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal contract, grant, loan, or cooperative agreement or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract, grant, loan, or cooperative agreement. (b) The reporting requirements in § 28.110 (a) and (b) regarding filing a disclosure form by each person, if required, shall not apply with respect to professional or technical services rendered directly in the preparation, submission, or negotiation of any commitment providing for the United States to insure or guarantee a loan. (c) For purposes of paragraph (a) of this section, “professional and technical services” shall be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting or a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's p… | ||||||
| 15:15:1.1.1.1.32.4.5.1 | 15 | Commerce and Foreign Trade | 28 | PART 28—NEW RESTRICTIONS ON LOBBYING | D | Subpart D—Penalties and Enforcement | § 28.400 Penalties. | DOC | [55 FR 6737, 6748, Feb. 26, 1990, as amended at 61 FR 55095, Oct. 24, 1996] | (a) Any person who makes an expenditure prohibited herein shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure made on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such expenditure made after October 23, 1996. (b) Any person who fails to file or amend the disclosure form (see appendix B of this part) to be filed or amended if required herein, shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996. (c) A filing or amended filing on or after the date on which an administrative action for the imposition of a civil penalty is commenced does not prevent the imposition of such civil penalty for a failure occurring before that date. An administrative action is commenced with respect to a failure when an investigating official determines in writing to commence an investigation of an allegation of such failure. (d) In determining whether to impose a civil penalty, and the amount of any such penalty, by reason of a violation by any person, the agency shall consider the nature, circumstances, extent, and gravity of the violation, the effect on the ability of such person to continue in business, any prior violations by such person, the degree of culpability of such person, the ability of the person to pay the penalty, and such other matters as may be appropriate. (e) First offenders under paragraphs (a) or (b) of this section shall be subject to a civil penalty of $10,000, absent aggravating circumstances for each such offense committed on or before October 23, 1996, and $11,000 for each such offense committed after October 23, 1996. Second and subsequent offenses by persons shall be subject to an appropriate civil penalty between $10,000 and $100,000 for each such offense committed on or before October 23, 199… | |||||
| 15:15:1.1.1.1.32.4.5.2 | 15 | Commerce and Foreign Trade | 28 | PART 28—NEW RESTRICTIONS ON LOBBYING | D | Subpart D—Penalties and Enforcement | § 28.405 Penalty procedures. | DOC | Agencies shall impose and collect civil penalties pursuant to the provisions of the Program Fraud and Civil Remedies Act, 31 U.S.C. sections 3803 (except subsection (c)), 3804, 3805, 3806, 3807, 3808, and 3812, insofar as these provisions are not inconsistent with the requirements herein. | ||||||
| 15:15:1.1.1.1.32.4.5.3 | 15 | Commerce and Foreign Trade | 28 | PART 28—NEW RESTRICTIONS ON LOBBYING | D | Subpart D—Penalties and Enforcement | § 28.410 Enforcement. | DOC | The head of each agency shall take such actions as are necessary to ensure that the provisions herein are vigorously implemented and enforced in that agency. | ||||||
| 15:15:1.1.1.1.32.5.5.1 | 15 | Commerce and Foreign Trade | 28 | PART 28—NEW RESTRICTIONS ON LOBBYING | E | Subpart E—Exemptions | § 28.500 Secretary of Defense. | DOC | (a) The Secretary of Defense may exempt, on a case-by-case basis, a covered Federal action from the prohibition whenever the Secretary determines, in writing, that such an exemption is in the national interest. The Secretary shall transmit a copy of each such written exemption to Congress immediately after making such a determination. (b) The Department of Defense may issue supplemental regulations to implement paragraph (a) of this section. | ||||||
| 15:15:1.1.1.1.32.6.5.1 | 15 | Commerce and Foreign Trade | 28 | PART 28—NEW RESTRICTIONS ON LOBBYING | F | Subpart F—Agency Reports | § 28.600 Semi-annual compilation. | DOC | (a) The head of each agency shall collect and compile the disclosure reports (see appendix B) and, on May 31 and November 30 of each year, submit to the Secretary of the Senate and the Clerk of the House of Representatives a report containing a compilation of the information contained in the disclosure reports received during the six-month period ending on March 31 or September 30, respectively, of that year. (b) The report, including the compilation, shall be available for public inspection 30 days after receipt of the report by the Secretary and the Clerk. (c) Information that involves intelligence matters shall be reported only to the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives in accordance with procedures agreed to by such committees. Such information shall not be available for public inspection. (d) Information that is classified under Executive Order 12356 or any successor order shall be reported only to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives or the Committees on Armed Services of the Senate and the House of Representatives (whichever such committees have jurisdiction of matters involving such information) and to the Committees on Appropriations of the Senate and the House of Representatives in accordance with procedures agreed to by such committees. Such information shall not be available for public inspection. (e) The first semi-annual compilation shall be submitted on May 31, 1990, and shall contain a compilation of the disclosure reports received from December 23, 1989 to March 31, 1990. (f) Major agencies, designated by the Office of Management and Budget (OMB), are required to provide machine-readable compilations to the Secretary of the Senate and the Clerk of the House of Representatives no later than with the compilations due on May 31, 1991. OMB sha… | ||||||
| 15:15:1.1.1.1.32.6.5.2 | 15 | Commerce and Foreign Trade | 28 | PART 28—NEW RESTRICTIONS ON LOBBYING | F | Subpart F—Agency Reports | § 28.605 Inspector General report. | DOC | (a) The Inspector General, or other official as specified in paragraph (b) of this section, of each agency shall prepare and submit to Congress each year, commencing with submission of the President's Budget in 1991, an evaluation of the compliance of that agency with, and the effectiveness of, the requirements herein. The evaluation may include any recommended changes that may be necessary to strengthen or improve the requirements. (b) In the case of an agency that does not have an Inspector General, the agency official comparable to an Inspector General shall prepare and submit the annual report, or, if there is no such comparable official, the head of the agency shall prepare and submit the annual report. (c) The annual report shall be submitted at the same time the agency submits its annual budget justifications to Congress. (d) The annual report shall include the following: All alleged violations relating to the agency's covered Federal actions during the year covered by the report, the actions taken by the head of the agency in the year covered by the report with respect to those alleged violations and alleged violations in previous years, and the amounts of civil penalties imposed by the agency in the year covered by the report. | ||||||
| 24:24:1.1.1.1.21.0.59.1 | 24 | Housing and Urban Development | 28 | PART 28—IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 | § 28.1 Purpose. | HUD | [61 FR 50213, Sept. 24, 1996, as amended at 73 FR 76831, Dec. 17, 2008] | This part: (a) Establishes administrative procedures for imposing civil penalties and assessments against persons who make, submit, or present, or cause to be made, submitted, or presented, false, fictitious, or fraudulent claims or written statements to Federal authorities or to their agents; and (b) Specifies the hearing and appeal rights of persons subject to allegations of liability for such penalties and assessments. Hearings under this part shall be conducted in accordance with the Administrative Procedure Act pursuant to part 26, subpart B, of this chapter. | |||||||
| 24:24:1.1.1.1.21.0.59.10 | 24 | Housing and Urban Development | 28 | PART 28—IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 | § 28.45 Settlements. | HUD | (a) HUD and the respondent may enter into a settlement agreement at any time prior to the issuing of a notice of final determination under § 26.50 of this title. (b) Failure of the respondent to comply with a settlement agreement shall be sufficient cause for resuming an action under this part, or for any other judicial or administrative action. | ||||||||
| 24:24:1.1.1.1.21.0.59.2 | 24 | Housing and Urban Development | 28 | PART 28—IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 | § 28.5 Definitions. | HUD | [73 FR 76831, Dec. 17, 2008] | (a) The terms ALJ and HUD are defined in 24 CFR part 5. (b) The terms Claim, Knows or has reason to know, Person, Reviewing Official, and Statement have the same meanings as defined in 31 U.S.C. 3801. (c) Ability to pay is determined based on an assessment of the respondent's resources available both presently and prospectively from which the Department could ultimately recover the total award, which may be predicted based on historical evidence. (d) Benefit means anything of value, including, but not limited to, any advantage, preference, privilege, license, permit, favorable decision, ruling, status, or loan insurance or guarantee. (e) Respondent means any person alleged to be liable for a civil penalty or assessment under § 28.25. (f) The reasonable prospect of collecting an appropriate amount of penalties and assessments is determined based on a generalized assessment made by a Reviewing Official based on the limited information available in the Report of Investigation for purposes of determining whether the allocation of HUD's resources to any particular action is appropriate. This assessment is not the same as the assessment made when determining ability to pay, nor is the reasonable prospect of collecting a factor to be considered in determining the amount of any penalty or assessment in any particular case. (g) Report of Investigation means a report containing the findings and conclusions of a Program Fraud Civil Remedies Act investigation by the Inspector General or his or her designee, as described in § 28.15. | |||||||
| 24:24:1.1.1.1.21.0.59.3 | 24 | Housing and Urban Development | 28 | PART 28—IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 | § 28.10 Basis for civil penalties and assessments. | HUD | [61 FR 50213, Sept. 24, 1996, as amended at 68 FR 12787, Mar. 17, 2003; 72 FR 5588, Feb. 6, 2007; 73 FR 76831, Dec. 17, 2008; 78 FR 4059, Jan. 18, 2013; 81 FR 38935, June 15, 2016; 82 FR 24524, May 30, 2017; 83 FR 32793, July 16, 2018; 84 FR 9453, Mar. 15, 2019; 85 FR 13043, Mar. 6, 2020; 86 FR 14372, Mar. 16, 2021; 86 FR 31619, June 15, 2021; 87 FR 24420, Apr. 26, 2022; 88 FR 9748, Feb. 15, 2023; 89 FR 13616, Feb. 23, 2024; 90 FR 24747, June 12, 2025] | (a) Claims. (1) A civil penalty of not more than $14,308 may be imposed upon any person who makes, presents, or submits, or causes to be made, presented, or submitted, a claim that the person knows or has reason to know: (i) Is false, fictitious, or fraudulent; (ii) Includes or is supported by a written statement which asserts a material fact which is false, fictitious, or fraudulent; (iii) Includes or is supported by any written statement that: (A) Omits a material fact; (B) Is false, fictitious, or fraudulent as a result of the omission; and (C) Is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; or (iv) Is for payment for the provision of property or services which the person has not provided as claimed. (2) Each voucher, invoice, claim form, or other individual request or demand for property, services, or money constitutes a separate claim. (3) A claim shall be considered made to HUD, to a recipient, or to a party when the claim actually is made to an agent, fiscal intermediary, or other entity, including any State or political subdivision of a State, acting for or on behalf of HUD, the recipient, or the party. (4) Each claim for property, services, or money is subject to a civil penalty without regard to whether the property, services, or money actually is delivered or paid. (5) Liability under this part shall not lie if the amount of money or value of property or services claimed exceeds $150,000 as to each claim that a person submits. For purposes of paragraph (a) of this section, a group of claims submitted simultaneously as part of a single transaction shall be considered a single claim. (6) If the Government has made any payment, transferred property, or provided services on a claim, then the Government may assess a person found liable up to twice the amount of the claim or portion of the claim that is determined to be in violation of paragraph (a)(1) of this section. (b) Statements. (1) A civil penalty of not mor… | |||||||
| 24:24:1.1.1.1.21.0.59.4 | 24 | Housing and Urban Development | 28 | PART 28—IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 | § 28.15 Investigation. | HUD | (a) General. HUD may initiate a Program Fraud Civil Remedies Act (31 U.S.C. 3801) case against a respondent only upon an investigation by the Inspector General or his or her designee. (b) Subpoena. Pursuant to 31 U.S.C. 3804(a), the Inspector General or designee may require by subpoena the production of records and other documents. The subpoena shall state the authority under which it is issued, identify the records sought, and name the person designated to receive the records. The recipient of the subpoena shall provide a certification that the documents sought have been produced, that the documents are not available and the reasons they are not available, or that the documents, suitably identified, have been withheld based upon the assertion of an identified privilege. (c) Investigation report. If the Inspector General or designee concludes that an action under the Program Fraud Civil Remedies Act may be warranted, her or she shall submit a report containing the findings and conclusions of the investigation to the General Counsel or his or her designee. (d) The Inspector General may refer allegations directly to the Department of Justice for suit under the False Claims Act (31 U.S.C. 3730) or for other civil relief, or may postpone submitting a report to the General Counsel to avoid interference with a criminal investigation or prosecution. The Inspector General shall report violations of criminal law to the Attorney General. | ||||||||
| 24:24:1.1.1.1.21.0.59.5 | 24 | Housing and Urban Development | 28 | PART 28—IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 | § 28.20 Request for approval by the Department of Justice. | HUD | [73 FR 76831, Dec. 17, 2008] | (a) If the General Counsel or designee determines that the Report of Investigation supports an action under this part, he or she must submit a written request to the Department of Justice for approval to issue a complaint under § 28.25. (b) The request shall include a description of the claims or statements at issue; the evidence supporting the allegations; an estimate of the amount of money or the value of property, services, or other benefits requested or demanded in violation of § 28.10; any exculpatory or mitigating circumstances that may relate to the claims or statements; and a statement that there is a reasonable prospect of collecting an appropriate amount of penalties and assessments. | |||||||
| 24:24:1.1.1.1.21.0.59.6 | 24 | Housing and Urban Development | 28 | PART 28—IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 | § 28.25 Complaint. | HUD | [73 FR 76832, Dec. 17, 2008, as amended at 87 FR 8197, Feb. 14, 2022] | (a) General. Upon obtaining approval from the Department of Justice, the General Counsel or designee may issue a complaint to the respondent. The complaint shall be mailed, by registered or certified mail, or shall be delivered through such other means by which delivery may be confirmed. The complaint shall also be filed simultaneously with the Office of Hearings and Appeals in accordance with § 26.30(a) of this chapter. (b) Complaint. The complaint shall include: (1) The allegations of liability against the respondent, including the statutory basis for liability, the claims or statements at issue, and the reasons why liability arises from those claims or statements; (2) A statement that the required approval to issue the complaint was received from the Department of Justice as required by 24 CFR 28.20; (3) The amount of penalties and assessments for which the respondent may be held liable; (4) A statement that the respondent may request a hearing by submitting a written response to the complaint; (5) The addresses to which a response must be sent in accordance with § 26.38 of this title; and (6) A statement that failure to submit an answer within 30 days of receipt of the complaint may result in the imposition of the maximum amount of penalties and assessments sought without right of appeal. (c) Parts 26 and 28. A copy of this part 28 and part 26, subpart B of this chapter, shall be included with the complaint. (d) Obligation to preserve documents. Upon receipt of the complaint, the respondent is required to preserve and maintain all documents and data, including electronically stored data, within their possession or control that may relate to the allegations in the complaint. The Department shall also preserve such documents or data upon the issuance of the complaint. | |||||||
| 24:24:1.1.1.1.21.0.59.7 | 24 | Housing and Urban Development | 28 | PART 28—IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 | § 28.30 Response. | HUD | [73 FR 76832, Dec. 17, 2008] | (a) The respondent may file a written response to the complaint, in accordance with § 26.30 of this title, within 30 days of service of the complaint. The response shall be deemed to be a request for a hearing. The response must include the admission or denial of each allegation of liability made in the complaint; any defense on which the respondent intends to rely; any reasons why the penalties and assessments should be less than the amount set forth in the complaint; and the name, address, and telephone number of the person who will act as the respondent's representative, if any. (b) Failure to respond. If no response is submitted, HUD may file a motion for default judgment in accordance with § 26.41 of this chapter. | |||||||
| 24:24:1.1.1.1.21.0.59.8 | 24 | Housing and Urban Development | 28 | PART 28—IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 | § 28.35 Statute of limitations. | HUD | [73 FR 76832, Dec. 17, 2008] | The statute of limitations for commencing hearings under this part shall be tolled: (a) If the hearing is commenced in accordance with 31 U.S.C. 3803(d)(2)(B) within 6 years after the date on which the claim or statement is made; or (b) If the parties agree to such tolling. | |||||||
| 24:24:1.1.1.1.21.0.59.9 | 24 | Housing and Urban Development | 28 | PART 28—IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 | § 28.40 Hearings. | HUD | [61 FR 50213, Sept. 24, 1996, as amended at 73 FR 76832, Dec. 17, 2008] | (a) General. Hearings under this part shall be conducted in accordance with the procedures in part 26, subpart B, of this chapter, governing actions in accordance with the Administrative Procedure Act. (b) Factors to consider in determining amount of penalties and assessments. In determining an appropriate amount of civil penalties and assessments, the ALJ and, upon appeal, the Secretary or designee, shall consider and state in his or her opinion any mitigating or aggravating circumstances. Because of the intangible costs of fraud, the expense of investigating fraudulent conduct, and the need for deterrence, ordinarily twice the amount of the claim as alleged by the government, and a significant civil penalty, should be imposed. The amount of penalties and assessments imposed shall be based on the ALJ's and the Secretary's or designee's consideration of evidence in support of one or more of the following factors: (1) The number of false, fictitious, or fraudulent claims or statements; (2) The time period over which such claims or statements were made; (3) The degree of the respondent's culpability with respect to the misconduct; (4) The amount of money or the value of the property, services, or benefit falsely claimed; (5) The value of the Government's actual loss as a result of the misconduct, including foreseeable consequential damages and the cost of investigation; (6) The relationship of the civil penalties to the amount of the Government's loss; (7) The potential or actual impact of the misconduct upon national defense, public health or safety, or public confidence in the management of Government programs and operations, including particularly the impact on the intended beneficiaries of such programs; (8) Whether the respondent has engaged in a pattern of the same or similar misconduct; (9) Whether the respondent attempted to conceal the misconduct; (10) The degree to which the respondent has involved others in the misconduct or in concealing it; (11) If the misconduct of employees or agents … | |||||||
| 28:28:1.0.1.1.29.1.4.1 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | A | Subpart A—Qualifying Federal Offenses for Purposes of DNA Sample Collection | § 28.1 Purpose. | DOJ | [Order No. 2753-2005, 70 FR 4767, Jan. 31, 2005] | Section 3 of Pub. L. 106-546 directs the collection, analysis, and indexing of a DNA sample from each individual in the custody of the Bureau of Prisons or under the supervision of a probation office who is, or has been, convicted of a qualifying Federal offense. Subsection (d) of that section states that the offenses that shall be treated as qualifying Federal offenses are any felony and certain other types of offenses, as determined by the Attorney General. | ||||
| 28:28:1.0.1.1.29.1.4.2 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | A | Subpart A—Qualifying Federal Offenses for Purposes of DNA Sample Collection | § 28.2 Determination of offenses. | DOJ | [Order No. 2753-2005, 70 FR 4767, Jan. 31, 2005] | (a) Felony means a Federal offense that would be classified as a felony under 18 U.S.C. 3559(a) or that is specifically classified by a letter grade as a felony. (b) The following offenses shall be treated for purposes of section 3 of Pub. L. 106-546 as qualifying Federal offenses: (1) Any felony. (2) Any offense under chapter 109A of title 18, United States Code, even if not a felony. (3) Any offense under any of the following sections of the United States Code, even if not a felony: (i) In title 18, section 111, 112(b) involving intimidation or threat, 113, 115, 245, 247, 248 unless the offense involves only a nonviolent physical obstruction and is not a felony, 351, 594, 1153 involving assault against an individual who has not attained the age of 16 years, 1361, 1368, the second paragraph of 1501, 1509, 1751, 1991, or 2194 involving force or threat. (ii) In title 16, section 773g if the offense involves a violation of section 773e(a)(3), 1859 if the offense involves a violation of section 1857(1)(E), 3637(c) if the offense involves a violation of section 3637(a)(3), or 5010(b) if the offense involves a violation of section 5009(6). (iii) In title 26, section 7212. (iv) In title 30, section 1463 if the offense involves a violation of section 1461(4). (v) In title 40, section 5109 if the offense involves a violation or attempted violation of section 5104(e)(2)(F). (vi) In title 42, section 2283, 3631, or 9152(d) if the offense involves a violation of section 9151(3). (vii) In title 43, section 1063 involving force, threat, or intimidation. (viii) In title 47, section 606(b). (ix) In title 49, section 46506(1) unless the offense involves only an act that would violate section 661 or 662 of title 18 and would not be a felony if committed in the special maritime and territorial jurisdiction of the United States. (4) Any offense that is an attempt or conspiracy to commit any of the foregoing offenses, even if not a felony. (c) An offense that was or would have been a qualifying Federal offense as de… | ||||
| 28:28:1.0.1.1.29.2.4.1 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | B | Subpart B—DNA Sample Collection, Analysis, and Indexing | § 28.11 Definitions. | DOJ | DNA analysis means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample. DNA sample means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out. | |||||
| 28:28:1.0.1.1.29.2.4.2 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | B | Subpart B—DNA Sample Collection, Analysis, and Indexing | § 28.12 Collection of DNA samples. | DOJ | [AG Order No. 3023-2008, 73 FR 74942, Dec. 10, 2008; Order No. 4646-2020, 85 FR 13493, Mar. 9, 2020] | (a) The Bureau of Prisons shall collect a DNA sample from each individual in the custody of the Bureau of Prisons who is, or has been, convicted of— (1) A Federal offense (including any offense under the Uniform Code of Military Justice); or (2) A qualifying District of Columbia offense, as determined under section 4(d) of Public Law 106-546. (b) Any agency of the United States that arrests or detains individuals or supervises individuals facing charges shall collect DNA samples from individuals who are arrested, facing charges, or convicted, and from non-United States persons who are detained under the authority of the United States. For purposes of this paragraph, “non-United States persons” means persons who are not United States citizens and who are not lawfully admitted for permanent residence as defined in 8 CFR 1.2. Unless otherwise directed by the Attorney General, the collection of DNA samples under this paragraph may be limited to individuals from whom the agency collects fingerprints and may be subject to other limitations or exceptions approved by the Attorney General. The DNA-sample collection requirements for the Department of Homeland Security in relation to non-arrestees do not include, except to the extent provided by the Secretary of Homeland Security, collecting DNA samples from: (1) Aliens lawfully in, or being processed for lawful admission to, the United States; (2) Aliens held at a port of entry during consideration of admissibility and not subject to further detention or proceedings; or (3) Aliens held in connection with maritime interdiction. (c) The DNA-sample collection requirements under this section shall be implemented by each agency by January 9, 2009. (d) Each individual described in paragraph (a) or (b) of this section shall cooperate in the collection of a DNA sample from that individual. Agencies required to collect DNA samples under this section may use or authorize the use of such means as are reasonably necessary to detain, restrain, and collect a DNA sample from an i… | ||||
| 28:28:1.0.1.1.29.2.4.3 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | B | Subpart B—DNA Sample Collection, Analysis, and Indexing | § 28.13 Analysis and indexing of DNA samples. | DOJ | (a) The Federal Bureau of Investigation shall carry out a DNA analysis on each DNA sample furnished to the Federal Bureau of Investigation pursuant to section 3(b) or 4(b) of Public Law 106-54, and shall include the results in the Combined DNA Index System. (b) The Federal Bureau of Investigation shall include in the Combined DNA Index System the results of each analysis furnished to the Federal Bureau of Investigation pursuant to 10 U.S.C. 1565(b)(2). | |||||
| 28:28:1.0.1.1.29.3.4.1 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | C | Subpart C—Preservation of Biological Evidence | § 28.21 Purpose. | DOJ | Section 3600A of title 18 of the United States Code (“section 3600A”) requires the Government to preserve biological evidence that was secured in the investigation or prosecution of a Federal offense, if a defendant is under a sentence of imprisonment for such offense, subject to certain limitations and exceptions. The general purpose of this requirement is to preserve biological evidence for possible DNA testing under 18 U.S.C. 3600. Subsection (e) of section 3600A requires the Attorney General to promulgate regulations to implement and enforce section 3600A, including appropriate disciplinary sanctions to ensure that employees comply with such regulations. | |||||
| 28:28:1.0.1.1.29.3.4.2 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | C | Subpart C—Preservation of Biological Evidence | § 28.22 The requirement to preserve biological evidence. | DOJ | (a) Applicability in general. The requirement of section 3600A to preserve biological evidence applies to evidence that has been retained in cases in which the offense or conviction occurred prior to the enactment of section 3600A or the adoption of this subpart, as well as to evidence secured in pending and future cases. (b) Limitation to circumstances in which a defendant is under a sentence of imprisonment for the offense. The requirement of section 3600A to preserve biological evidence secured in the investigation or prosecution of a Federal offense begins to apply when a defendant is convicted and sentenced to imprisonment for the offense, and ceases to apply when the defendant or defendants are released following such imprisonment. The evidence preservation requirement of section 3600A does not apply in the following situations: (1) Inapplicability at the investigative stage. The requirement of section 3600A to preserve biological evidence does not apply at the investigative stage of criminal cases, occurring prior to the conviction and sentencing to imprisonment of a defendant. Biological evidence may be collected and preserved in the investigation of Federal offenses prior to the sentencing of a defendant to imprisonment, reflecting sound investigative practice and the need for evidence in trial proceedings that may result from the investigation, but section 3600A does not govern these activities. (2) Inapplicability to cases involving only non-incarcerative sentences. The requirement of section 3600A to preserve biological evidence does not apply in cases in which defendants receive only nonincarcerative sentences, such as probation, fines, or payment of restitution. (3) Inapplicability following release. The requirement of section 3600A to preserve biological evidence ceases to apply when the defendant or defendants are released following imprisonment, either unconditionally or under supervision. The requirement does not apply during any period following the release of the defendant or def… | |||||
| 28:28:1.0.1.1.29.3.4.3 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | C | Subpart C—Preservation of Biological Evidence | § 28.23 Evidence subject to the preservation requirement. | DOJ | (a) Biological evidence generally. The evidence preservation requirement of section 3600A applies to “biological evidence,” which is defined in section 3600A(b). The covered evidence is sexual assault forensic examination kits under section 3600A(b)(1) and semen, blood, saliva, hair, skin tissue, or other identified biological material under section 3600A(b)(2). (b) Biological evidence under section 3600A(b)(2). Biological evidence within the scope of section 3600A(b)(2) is identified biological material that may derive from a perpetrator of the offense, and hence might be capable of shedding light on the question of a defendant's guilt or innocence through DNA testing to determine whether the defendant is the source of the material. In greater detail, evidence within the scope of section 3600A(b)(2) encompasses the following: (1) Identified biological material. Beyond sexual assault forensic examination kits, which are specially referenced in section 3600A(b)(1), section 3600A requires preservation only of evidence that is detected and identified as semen, blood, saliva, hair, skin tissue, or some other type of biological material. Section 3600A's preservation requirement does not apply to an item of evidence merely because it is known on theoretical grounds that physical things that have been in proximity to human beings almost invariably contain unidentified and imperceptible amounts of their organic matter. (2) Material that may derive from a perpetrator of the crime. Biological evidence within the scope of section 3600A(b)(2) must constitute “biological material.” In the context of section 3600A, this term does not encompass all possible types of organic matter, but rather refers to organic matter that may derive from the body of a perpetrator of the crime, and hence might be capable of shedding light on a defendant's guilt or innocence by including or excluding the defendant as the source of its DNA. | |||||
| 28:28:1.0.1.1.29.3.4.4 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | C | Subpart C—Preservation of Biological Evidence | § 28.24 Exceptions based on the results of judicial proceedings. | DOJ | Subsection (c) of section 3600A makes the biological evidence preservation requirement inapplicable in two circumstances relating to the results of judicial proceedings: (a) Judicial denial of DNA testing. Section 3600A(c)(1) exempts situations in which a court has denied a motion for DNA testing under 18 U.S.C. 3600 and no appeal is pending. (b) Inclusion of defendant as source. Section 3600A(c)(5) exempts situations in which there has been DNA testing under 18 U.S.C. 3600 and the results included the defendant as the source of the evidence. | |||||
| 28:28:1.0.1.1.29.3.4.5 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | C | Subpart C—Preservation of Biological Evidence | § 28.25 Exceptions based on a defendant's conduct. | DOJ | Subsection (c) of section 3600A makes the biological evidence preservation requirement inapplicable in two circumstances relating to action (or inaction) by the defendant: (a) Waiver by defendant. Section 3600A(c)(2) makes the biological evidence preservation requirement inapplicable if the defendant knowingly and voluntarily waived DNA testing in a court proceeding conducted after the date of enactment, i.e. , after October 30, 2004. Hence, for example, if a defendant waives DNA testing in the context of a plea agreement, in a pretrial colloquy with the court, in the course of discovery in pretrial proceedings, or in a postconviction proceeding, and the proceeding in which the waiver occurs takes place after October 30, 2004, the biological evidence preservation requirement of section 3600A does not apply. (b) Notice to defendant. (1) Section 3600A(c)(3) makes the biological evidence preservation requirement inapplicable if the defendant is notified that the biological evidence may be destroyed “after a conviction becomes final and the defendant has exhausted all opportunities for direct review of the conviction,” and “the defendant does not file a motion under section 3600 within 180 days of receipt of the notice.” (2) Effective notice concerning the possible destruction of biological evidence for purposes of section 3600A(c)(3) cannot be given if the case is pending on direct review of the conviction before a court of appeals or the Supreme Court, if time remains for the defendant to file a notice of appeal from the judgment of conviction in the court of appeals, or if time remains for the defendant to file a petition for certiorari to the Supreme Court following the court of appeals' determination of an appeal of the conviction. (3) Once direct review has been completed, or the time for seeking direct review has expired, section 3600A(c)(3) allows notice to the defendant that biological evidence may be destroyed. The biological evidence preservation requirement of section 3600A thereafter does not ap… | |||||
| 28:28:1.0.1.1.29.3.4.6 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | C | Subpart C—Preservation of Biological Evidence | § 28.26 Exceptions based on the nature of the evidence. | DOJ | Subsection (c)(4) of section 3600A provides that the section's biological evidence preservation requirement does not apply if “the evidence must be returned to its rightful owner, or is of such a size, bulk, or physical character as to render retention impracticable.” This exception is subject to the condition that the Government must “take[] reasonable measures to remove and preserve portions of the material evidence sufficient to permit future DNA testing.” (a) Evidence not retained beyond the investigative stage. Section 3600A(c)(4) has no application if items of the sort it describes— e.g. , items that must be returned to the rightful owner, or items that are so large that their retention is impracticable—are not kept until the time when a defendant is convicted and sentenced to imprisonment. Investigative agents may take samples from such items during the investigative stage of the case, in accordance with their judgment about what is needed for purposes of DNA testing or other evidentiary use, or may conclude that the nature of the items does not warrant taking such samples, and the items themselves may then be returned to the owners or otherwise disposed of prior to the trial, conviction, or sentencing of any defendant. In such cases, section 3600A is inapplicable, because its evidence preservation requirement does not apply at all until a defendant is sentenced to imprisonment, as noted in § 28.22(b)(1). (b) Evidence not constituting biological material. It is rarely the case that a bulky item of the sort described in section 3600A(c)(4), or a large part of such an item, constitutes biological evidence as defined in section 3600A(b). If such an item is not biological evidence in the relevant sense, it is outside the scope of section 3600A. For example, the evidence secured in the investigation of a bank robbery may include a stolen car that was used in the getaway, and there may be some item in the car containing biological material that derives from a perpetrator of the crime, such as saliva on a d… | |||||
| 28:28:1.0.1.1.29.3.4.7 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | C | Subpart C—Preservation of Biological Evidence | § 28.27 Non-preemption of other requirements. | DOJ | Section 3600A's requirement to preserve biological evidence applies cumulatively with other evidence retention requirements. It does not preempt or supersede any statute, regulation, court order, or other provision of law that may require evidence, including biological evidence, to be preserved. | |||||
| 28:28:1.0.1.1.29.3.4.8 | 28 | Judicial Administration | I | 28 | PART 28—DNA IDENTIFICATION SYSTEM | C | Subpart C—Preservation of Biological Evidence | § 28.28 Sanctions for violations. | DOJ | (a) Disciplinary sanctions. Violations of section 3600A or of this subpart by Government employees shall be subject to the disciplinary sanctions authorized by the rules or policies of their employing agencies for violations of statutory or regulatory requirements. (b) Criminal sanctions. Violations of section 3600A may also be subject to criminal sanctions as prescribed in subsection (f) of that section. Section 3600A(f) makes it a felony offense, punishable by up to five years of imprisonment, for anyone to knowingly and intentionally destroy, alter, or tamper with biological evidence that is required to be preserved under section 3600A with the intent to prevent that evidence from being subjected to DNA testing or prevent the production or use of that evidence in an official proceeding. (c) No effect on validity of convictions. Section 3600A's requirements are enforceable through the disciplinary sanctions and criminal sanctions described in paragraphs (a) and (b) of this section. A failure to preserve biological evidence as required by section 3600A does not provide a basis for relief in any postconviction proceeding. | |||||
| 46:46:1.0.1.3.21.1.7.1 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | A | Subpart A—General Provisions | § 28.10 Authority. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by USCG-2010-0759, 75 FR 60002, Sept. 29, 2010] | The regulations in this part are prescribed by the Commandant of the Coast Guard, pursuant to a delegation of authority by the Secretary of Homeland Security set forth in Department of Homeland Security Delegation No. 0170.1, to carry out the intent and purpose of 46 U.S.C. 3316 which authorizes the Secretary to rely on reports, documents, and certificates issued by the American Bureau of Shipping (ABS) or a similar United States classification society, or an agent of the ABS or similar society; sections 4502 and 4506 which require safety equipment and operational stability for certain vessels in the commercial fishing industry; section 6104 which requires the Secretary of Transportation to compile statistics concerning marine casualties compiled from vessel insurers and to delegate that authority to compile statistics from insurers to a qualified person; and section 10603 which requires seamen on commercial fishing industry vessels to give notice of illness, injury, or disability to their employer. | |||
| 46:46:1.0.1.3.21.1.7.10 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | A | Subpart A—General Provisions | § 28.76 Similarly qualified organizations. | USCG | An organization desiring to be designated by the Commandant as a similarly qualified organization must request such designation in writing. As a minimum the organization must verify that it— (a) Publishes standards for vessel design and construction which are as widely available as and which are of similar content to the standards published by the ABS; (b) Performs periodic surveys in a wide range of localities during and after construction to ensure compliance with published standards, including drydock examinations, in a manner similar to the ABS; (c) Issues certificates testifying to compliance with the published standards; (d) Has as its primary concern the survey and classification of vessels; (e) Has no interest in owning or operating fishing, fish processing, or fish tender vessels; and (f) Maintains records of surveys and makes such records available to the Coast Guard upon request in a manner similar to the ABS. | ||||
| 46:46:1.0.1.3.21.1.7.11 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | A | Subpart A—General Provisions | § 28.80 Report of casualty. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 96-046, 61 FR 57273, Nov. 5, 1996; USCG-2008-0906, 73 FR 56509, Sept. 29, 2008; USCG-2016-0498, 82 FR 35089, July 28, 2017] | (a) Except for a casualty which is required to be reported to the Coast Guard on Form CG 2692 in accordance with part 4 of this chapter, the owner, agent, operator, master, or individual in charge of a vessel involved in a casualty must submit a report in accordance with paragraph (c) of this section, as soon as possible after the casualty, to the underwriter of primary insurance for the vessel or to an organization listed in paragraph (d) of this section whenever the casualty involves any of the following. (1) Loss of life. (2) An injury that requires professional medical treatment (treatment beyond first aid) and that renders the individual unfit to perform his or her routine duties. (3) Loss of a vessel. (4) Damage to or by a vessel, its cargo, apparel or gear, except for fishing gear while not on board a vessel, or that impairs the seaworthiness of the vessel, or that is initially estimated at $2,500.00 or more. (b) Each underwriter of primary insurance for a commercial fishing industry vessel must submit a report of each casualty involving that vessel to an organization listed in paragraph (d) of this section within 90 days of receiving notice of the casualty and whenever it pays a claim resulting from the casualty. Initial reports must be in accordance with paragraph (c) of this section. Subsequent reports must contain sufficient information to identify the casualty and any new or corrected casualty data. (c) Each report of casualty must include the following information: (1) The name and address of the vessel owner and vessel operator, if different than the vessel owner; (2) The name and address of the underwriter of primary insurance for the vessel; (3) The name, registry number, call sign, gross tonnage, year of build, length, and hull material of the vessel; (4) The date, location, primary cause, and nature of the casualty; (5) The specific fishery, intended catch, and length of fishery opening when applicable; (6) The date that the casualty was reported to the underwriter of primary insuran… | |||
| 46:46:1.0.1.3.21.1.7.12 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | A | Subpart A—General Provisions | § 28.90 Report of injury. | USCG | Each individual employed on a commercial fishing industry vessel must notify the master, individual in charge of the vessel, or other agent of the employer of each illness, disability, or injury suffered while in service to the vessel not later than seven days after the date on which the illness, disability, or injury arose. | ||||
| 46:46:1.0.1.3.21.1.7.13 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | A | Subpart A—General Provisions | § 28.95 Right of appeal. | USCG | Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with part 1, subpart 1.03 of this chapter. | ||||
| 46:46:1.0.1.3.21.1.7.2 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | A | Subpart A—General Provisions | § 28.20 OMB control numbers. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by USCG-2004-18884, 69 FR 58344, Sept. 30, 2004] | (a) This section collects and displays the control numbers assigned to information collection and recordkeeping requirements in this part by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq. ). This section complies with the requirements of 44 U.S.C. 3507(f) which requires that agencies display a current control number assigned by the Director of the OMB for each approved agency information collection requirement. (b) Display. | |||
| 46:46:1.0.1.3.21.1.7.3 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | A | Subpart A—General Provisions | § 28.30 Applicability; preemptive effect. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991, as amended by USCG-2004-18884, 69 FR 58344, Sept. 30, 2004; USCG-2004-18884, 69 FR 68089, Nov. 23, 2004; USCG-2006-24797, 77 FR 33872, June 7, 2012] | (a) Except as provided in paragraph (b) of this section, this part is applicable to all United States flag vessels not inspected under this chapter that are commercial fishing, fish processing, or fish tender vessels. This includes vessels documented under the provisions of subchapter G of this chapter and vessels numbered by a State or the Coast Guard under the provisions of 33 CFR subchapter S. Certain regulations in this part apply only to limited categories of vessels. Specific applicability statements are provided at the beginning of those regulations. (b) This part does not apply to a small boat or auxiliary craft that is deployed from a fishing industry vessel for the purpose of handling fishing gear. (c) The regulations in this part have preemptive effect over State or local regulations in the same field. | |||
| 46:46:1.0.1.3.21.1.7.4 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | A | Subpart A—General Provisions | § 28.40 Incorporation by reference. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 95-072, 60 FR 50461, Sept. 29, 1995; CGD 94-025, 60 FR 54444, Oct. 24, 1995; CGD 96-041, 61 FR 50726, Sept. 27, 1996; CGD 97-057, 62 FR 51042, Sept. 30, 1997; USCG-1999-5151, 64 FR 67176, Dec. 1, 1999; USCG-2009-0702, 74 FR 49226, Sept. 25, 2009; USCG-2010-0759, 75 FR 60002, Sept. 29, 2010; USCG-2013-0671, 78 FR 60146, Sept. 30, 2013] | (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a). To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish notice of change in the Federal Register and make the material available to the public. All approved material is on file at the Coast Guard Headquarters. Contact Commandant (CG-ENG), Attn: Office of Design and Engineering Systems, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509 or you may contact the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. All material is available from the sources indicated in paragraph (b) of this section. (b) The material approved for incorporation by reference in this part and the sections affected are: | |||
| 46:46:1.0.1.3.21.1.7.5 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | A | Subpart A—General Provisions | § 28.50 Definition of terms used in this part. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991] | Accepted organization means an organization which has been designated by the Commandant for the purpose of examining commercial fishing industry vessels under the provisions of § 28.73. Accommodations include: (1) A messroom. (2) A lounge. (3) A sitting area. (4) A recreation room. (5) Quarters. (6) A toilet space. (7) A shower room. (8) A galley. (9) Berthing facilities. (10) A clothing changing room. Alcohol concentration means either grams of alcohol per 100 milliliters of blood, or grams of alcohol per 210 liters of breath. Aleutian trade means the transportation of cargo, including fishery related products, for hire on board a fish tender vessel to or from a place in Alaska west of 153 degrees West longitude and east of 172 degrees East longitude if that place receives weekly common carrier service by water, to or from a place in the United States, except a place in Alaska. Approved means approved by the Commandant unless otherwise stated. Auxiliary Craft means a vessel that is carried onboard a commercial fishing vessel and is normally used to support fishing operations. Boundary lines means the lines described in part 7 of this chapter. In general, they follow the trend of the seaward high water shorelines and cross entrances to small bays, inlets, and rivers. In some areas, they are along the 12-mile line that marks the seaward limits of the territorial sea and, in other areas, they come ashore. Buoyant Apparatus means a buoyant apparatus approved by the Commandant. Coast Guard Boarding Officer means a commissioned, warrant, or petty officer of the Coast Guard having authority to board any vessel under the Act of August 4, 1949, 63 Stat. 502, as amended (14 U.S.C. 522). Coast Guard Representative means a person employed at the cognizant U.S. Coast Guard Sector Office or Marine Inspection Office, or an accepted organization, or a similarly qualified organization approved in examining commercial fishing industry vessels. Contact Commandant (CG-CVC-3); Attn: Fishing Vessels Divis… | |||
| 46:46:1.0.1.3.21.1.7.6 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | A | Subpart A—General Provisions | § 28.60 Exemption letter. | USCG | [CGD 96-046, 62 FR 46675, Sept. 4, 1997] | (a) Types of exemptions. (1) Specific exemption means an exemption for an individual commercial fishing industry vessel. (2) Class exemption means an exemption for a class or fleet of commercial fishing industry vessels. (b) Exemption procedure. A request for an exemption of either type must be in writing, have specific reasons for the request, and be sent to the Coast Guard District Office having jurisdiction over the waters where the vessel(s) will be operating. Coast Guard District geographical areas are described in 33 CFR part 3. The District Commander will review the request to determine that: (1) Good cause exists for granting an exemption; and (2) The safety of the vessel and those on board will not be adversely affected. (c) The District Commander will either approve or deny the request in writing. In granting a request, the District Commander will specify the terms under which the exemption is granted and distribute the letter describing these terms to the party or parties requesting the exemption. (d) Exemption letter. Exemption letters, or suitable copies, describing the terms under which the exemption is granted shall be maintained at all times on board each vessel to which any exemption applies. (e) Right of appeal. Any person directly affected by a decision or action taken under this part may appeal in accordance with § 1.03 of this chapter. (f) Rescinding an exemption letter. Exemptions granted may be rescinded by the District Commander if it is subsequently determined that the safety of the vessel and those onboard is adversely affected. | |||
| 46:46:1.0.1.3.21.1.7.7 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | A | Subpart A—General Provisions | § 28.65 Termination of unsafe operations. | USCG | [CGD 96-046, 61 FR 57273, Nov. 5, 1996, as amended by CGD 96-046, 62 FR 46676, Sept. 4, 1997; USCG-2004-18884, 69 FR 58344, Sept. 30, 2004] | (a) A Coast Guard Boarding Officer may direct the master or individual in charge of a vessel, with the concurrence of the District Commander, or staff authorized by the District Commander, to immediately take reasonable steps necessary for the safety of individuals on board the vessel if the Boarding Officer observes the vessel being operated in an unsafe manner and determines that an especially hazardous condition exists. This may include directing the master or individual in charge of the vessel to return the vessel to a mooring and remain there until the situation creating the especially hazardous condition is corrected or other specific action is taken. (b) Hazardous conditions include, but are not limited to, operation with— (1) An insufficient number of lifesaving equipment on board, to include serviceable Personal Flotation Devices (PFDs), serviceable immersion suits, or adequate survival craft capacity. (2) An inoperable Emergency Position Indicating Radio Beacon (EPIRB) or radio communication equipment when required by regulation. There should be at least one operable means of communicating distress. When both are required, then at least one must be in operable condition to avoid termination of the voyage; (3) Inadequate firefighting equipment on board; (4) Excessive volatile fuel (gasoline or solvents) or volatile fuel vapors in bilges; (5) Instability resulting from overloading, improper loading or lack of freeboard; (6) Inoperable bilge system; (7) Intoxication of the master or individual in charge of a commercial fishing vessel. An individual is intoxicated when he/she is operating a commercial fishing vessel and has an alcohol concentration of .04 percent, or the intoxicant's effect on the person's manner, disposition, speech, muscular movement, general appearance or behavior is apparent by observation; (8) A lack of adequate operable navigation lights during periods of reduced visibility; (9) Watertight closures missing or inoperable; (10) Flooding or uncontrolled leakage in any space; o… | |||
| 46:46:1.0.1.3.21.1.7.8 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | A | Subpart A—General Provisions | § 28.70 Approved equipment and material. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by USCG-2004-18884, 69 FR 58344, Sept. 30, 2004] | (a) Equipment and material that is required by this subchapter to be approved or of an approved type, must have been manufactured and approved in accordance with the design and testing requirements in subchapter Q of this chapter or as otherwise specified by the Commandant. (b) 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. | |||
| 46:46:1.0.1.3.21.1.7.9 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | A | Subpart A—General Provisions | § 28.73 Accepted organizations. | USCG | An organization desiring to be designated by the Commandant as an accepted organization must request such designation in writing. As a minimum the organization must verify that it is an organization— (a) With a Code of Ethics; (b) Whose surveyors are familiar with the requirements of this chapter related to commercial fishing industry vessels; (c) Whose surveyors are familiar with the operations and equipment on board commercial fishing industry vessels; (d) Whose only interest in the fishing industry is in ensuring the safety of commercial fishing industry vessels and surveying commercial fishing industry vessels; (e) That has grievance procedures; (f) That has procedures for accepting and terminating membership of an individual, including minimum professional qualifications for surveyors; (g) That maintains a roster of present and past accepted members and surveyors; and (h) That has an Apprentice/Associate program for surveyors. | ||||
| 46:46:1.0.1.3.21.2.7.1 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | B | Subpart B—Requirements for All Vessels | § 28.100 Applicability. | USCG | Each commercial fishing industry vessel must meet the requirements of this subpart, in addition to the requirements of parts 24, 25, and 26 of this chapter. | ||||
| 46:46:1.0.1.3.21.2.7.10 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | B | Subpart B—Requirements for All Vessels | § 28.145 Distress signals. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 95-012, 60 FR 48048, Sept. 18, 1995; USCG-2000-7790, 65 FR 58458, Sept. 29, 2000] | Except as provided by 28.305, each vessel must be equipped with the distress signals specified in table 28.145. Table 28.145—Distress Signals 1 If flares are carried, the same 3 flares may be counted toward meeting both the day and night requirement. | |||
| 46:46:1.0.1.3.21.2.7.11 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | B | Subpart B—Requirements for All Vessels | § 28.150 Emergency Position Indicating Radio Beacons (EPIRBs). | USCG | Each vessel must be equipped with an emergency position indicating radio beacon (EPIRB) as required by 46 CFR part 25, subpart 25.26. Each vessel which uses radio communication equipment must have a Ship Radio Station License issued by the Federal Communications Commission, as set forth in 47 CFR part 80. | ||||
| 46:46:1.0.1.3.21.2.7.12 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | B | Subpart B—Requirements for All Vessels | § 28.155 Excess fire detection and protection equipment. | USCG | [USCG-2012-0196, 81 FR 48247, July 22, 2016] | (a) Use of non-approved fire detection systems may be acceptable as excess equipment provided that— (1) Components are listed and labeled by an independent, nationally recognized testing laboratory (NRTL) as set forth in 29 CFR 1910.7, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer's specific guidance; and (2) The system and units remain functional as intended. (b) The regulations in this section have preemptive effect over State or local regulation within the same field. | |||
| 46:46:1.0.1.3.21.2.7.13 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | B | Subpart B—Requirements for All Vessels | § 28.160 Portable fire extinguishers. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 47679, Sept. 20, 1991, as amended by USCG-2012-0196, 81 FR 48247, July 22, 2016] | (a) Each vessel must meet the requirements of part 25, subpart 25.30 of this chapter. (b) Each vessel 65 feet (19.8 meters) or more in length must be equipped with the minimum number, location, and type of portable fire extinguishers specified in table 28.160. (c) Semi-portable extinguishers must be located in the open so as to be readily seen. (d) Table 28.160 of this section indicates the minimum required classification for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table. (e) The regulations in this section have preemptive effect over State or local regulation within the same field. Table 28.160—Portable Fire Extinguishers for Vessels 65 Feet (19.8 Meters) or More in Length | |||
| 46:46:1.0.1.3.21.2.7.14 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | B | Subpart B—Requirements for All Vessels | § 28.165 Injury placard. | USCG | Each vessel must have posted in a highly visible location accessible to the crew a placard measuring at least 5 inches by 7 inches (127 millimeters by 178 millimeters) which reads: Notice Report All Injuries United States law, 46 United States Code 10603, requires each seaman on a fishing vessel, fish processing vessel, or fish tender vessel to notify the master or individual in charge of the vessel or other agent of the employer regarding any illness, disability, or injury suffered by the seaman when in service to the vessel not later than seven days after the date on which the illness, disability, or injury arose. United States law, 46 United States Code 10603, requires each seaman on a fishing vessel, fish processing vessel, or fish tender vessel to notify the master or individual in charge of the vessel or other agent of the employer regarding any illness, disability, or injury suffered by the seaman when in service to the vessel not later than seven days after the date on which the illness, disability, or injury arose. | ||||
| 46:46:1.0.1.3.21.2.7.2 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | B | Subpart B—Requirements for All Vessels | § 28.105 Lifesaving equipment—general requirements. | USCG | (a) In addition to the requirements of this subpart, each commercial fishing industry vessel must comply with the requirements of part 25, subpart 25.25 of this chapter. (b) Except as provided in § 28.120(d), each item of lifesaving equipment carried on board a vessel to meet the requirements of this part must be approved by the Commandant. Equipment for personal use which is not required by this part need not be approved by the Commandant. | ||||
| 46:46:1.0.1.3.21.2.7.3 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | B | Subpart B—Requirements for All Vessels | § 28.110 Life preservers or other personal flotation devices. | USCG | [USCG-2022-0120, 89 FR 97387, Dec. 6, 2024] | (a) Except as provided by § 28.305 of this chapter, each vessel must be equipped with at least one immersion suit, exposure suit, or wearable personal flotation device of the proper size for each individual on board as specified in table 1 to § 28.110 and part 25, subpart 25.25 of this chapter. Notwithstanding the provisions of paragraphs (c) and (d) of § 25.25-1 of this chapter, each commercial fishing industry vessel propelled by sail, and each manned barge employed in commercial fishing activities, must meet the requirements of this paragraph. (b) Each wearable personal flotation device must be stowed so that it is readily accessible to the individual for whom it is intended, from both the individual's normal work station and berthing area. If there is no location accessible to both the work station and the berthing area, an appropriate device must be stowed in both locations. Table 1 to § 28.110—Personal Flotation Devices and Immersion Suits 1 A commercial hybrid approved under former approval series 160.077 prior to [EFFECTIVE DATE OF FINAL RULE] may be substituted for a PFD approved under approval series 160.055, 160.155, 160.176, or 160.255 if it is in good and serviceable condition, used in accordance with the conditions marked on the PFD and in the owner's manual, and labeled for use on commercial vessels. | |||
| 46:46:1.0.1.3.21.2.7.4 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | B | Subpart B—Requirements for All Vessels | § 28.115 Ring life buoys. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 47679, Sept. 20, 1991; 56 FR 49822, Oct. 1, 1991; CGD 95-012, 60 FR 48048, Sept. 18, 1995] | (a) Except as provided in paragraph (b) of this section and § 28.305, each vessel must be equipped with a throwable flotation device or a ring life buoy as specified in table 28.115. If the vessel is equipped with a ring life buoy, at least one ring life buoy must be equipped with a line which is at least: (1) 60 feet (18.3 meters) in length for a vessel less than 65 feet (19.8 meters) in length; or (2) 90 feet (27.4 meters) in length for a vessel 65 feet (19.8 meters) or more in length. (b) For each vessel less than 65 feet (19.8 meters) in length, an approved 20 inch (0.51 meters) or larger ring life buoy which is in serviceable condition and which was installed on board before September 15, 1991, may be used to meet the requirements of paragraph (a) of this section. Table 28.115—Throwable Flotation Devices Certain Type V PFDs are approved for use in substitution for Type IV PFDs, when used in accordance with the conditions stated in the Coast Guard approval label. | |||
| 46:46:1.0.1.3.21.2.7.5 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | B | Subpart B—Requirements for All Vessels | § 28.120 Survival craft. | USCG | [CGD 96-046, 61 FR 57273, Nov. 5, 1996; CGD 96-046, 61 FR 68162, Dec. 27, 1996, as amended by CGD 96-046, 62 FR 46676, Sept. 4, 1997; USCG-2002-13058, 67 FR 61278, Sept. 30, 2002; USCG-2014-0688, 79 FR 58279, Sept. 29, 2014] | (a) Except as provided in paragraphs (b) through (h) of this section and 28.305, each vessel must carry the survival craft specified in table 28.120(a), table 28.120(b), or table 28.120(c), as appropriate for the vessel, in an aggregate capacity to accommodate the total number of individuals on board. (b) The requirements of this section do not apply to vessels less than 10.97 meters (36 feet) in length with 3 or fewer individuals on board which operate within 12 miles of the coastline. (c) A buoyant apparatus may be substituted instead of the requirements in this section for vessels 10.97 meters (36 feet) or more in length with 3 or fewer individuals on board which operate within 12 miles of the coastline. (d) Each survival craft installed on board a vessel before September 15, 1991, may continue to be used to meet the requirements of this section provided the survival craft is— (1) Of the same type as required in tables 28.120(a), 28.120(b), or 28.120(c), as appropriate for the vessel type; and (2) Maintained in good and serviceable condition. (e) Each inflatable liferaft installed on board a vessel before September 15, 1991, may continue to be used to meet the requirements for an approved inflatable liferaft, provided the existing liferaft is— (1) Maintained in good and serviceable condition as required by table 28.140; and (2) Equipped with the equipment pack required by tables 28.120(a), 28.120(b), or 28.120(c), as appropriate for the vessel type. Where no equipment pack is specified in tables 28.120(a), 28.120(b), or 28.120(c), a coastal service pack is the minimum required. (f) A lifeboat may be substituted for any survival craft required by this section, provided it is arranged and equipped in accordance with part 199 of this chapter. (g) The capacity of an auxiliary craft carried on board a vessel that is integral to and necessary for normal fishing operations will satisfy the requirements of this section for survival craft, except for an inflatable liferaft, provided the craft is readily acces… | |||
| 46:46:1.0.1.3.21.2.7.6 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | B | Subpart B—Requirements for All Vessels | § 28.125 Stowage of survival craft. | USCG | (a) Each inflatable liferaft required to be equipped with a SOLAS A or a SOLAS B equipment pack must be stowed so as to float free and automatically inflate in the event the vessel sinks. (b) Each inflatable liferaft, inflatable buoyant apparatus, and any auxiliary craft used in their place, must be kept readily accessible for launching or be stowed so as to float free in the event the vessel sinks. (c) Each hydrostatic release unit used in a float-free arrangement must be approved under part 160, subpart 160.062 of this chapter. (d) Each float-free link used with a buoyant apparatus or with a life float must be certified to meet part 160, subpart 160.073 of this chapter. | ||||
| 46:46:1.0.1.3.21.2.7.7 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | B | Subpart B—Requirements for All Vessels | § 28.130 Survival craft equipment. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 84-069, 63 FR 52813, Oct. 1, 1998] | (a) General. Each item of survival craft equipment must be of good quality, effective for the purpose it is intended to serve, and secured to the craft. (b) Inflatable liferafts. Each inflatable liferaft must have one of the following equipment packs as shown by the markings on its container: (1) Coastal Service; (2) SOLAS B Pack (formerly “Limited Service”); or (3) SOLAS A Pack (formerly “Ocean Service”). (c) Each life float and buoyant apparatus must be fitted with a lifeline, pendants, a painter, and a floating electric water light approved under part 161 subpart 161.010 of this chapter. (d) Other survival craft. A vessel must not carry survival craft other than inflatable liferafts, life floats, inflatable buoyant apparatus, or buoyant apparatus, such as lifeboats or rigid liferafts, unless the survival craft and launching equipment comply with the requirements for installation, arrangement, equipment, and maintenance contained in 46 CFR part 199. | |||
| 46:46:1.0.1.3.21.2.7.8 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | B | Subpart B—Requirements for All Vessels | § 28.135 Lifesaving equipment markings. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991, as amended by CGD 95-012, 60 FR 48048, Sept. 18, 1995; USCG-2014-0688, 79 FR 58279, Sept. 29, 2014] | (a) Except as provided in paragraph (d) of this section, lifesaving equipment carried aboard a vessel pursuant to the requirements of this subpart or part 25, subpart 25.25 of this chapter must be marked as specified in table 28.135. (b) Lettering used in lifesaving equipment markings must be in block capital letters. (c) Retroreflective markings required by this section must be with material approved under part 164, subpart 164.018 of this chapter. The arrangement of the retroreflective material must meet IMO Resolution A.658(16). (d) A wearable personal flotation device must be marked with the name of either the vessel, the owner of the device, or the individual to whom it is assigned. Table 28.135—Lifesaving Equipment Markings No marking other than that provided by the manufacturer and the servicing facility is required. | |||
| 46:46:1.0.1.3.21.2.7.9 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | B | Subpart B—Requirements for All Vessels | § 28.140 Operational readiness, maintenance, and inspection of lifesaving equipment. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991, as amended by USCG-2001-11118, 67 FR 58540, Sept. 17, 2002; USCG-2004-18884, 69 FR 58344, Sept. 30, 2004] | (a) The master or individual in charge of a vessel must ensure that each item of lifesaving equipment must be in good working order, ready for immediate use, and readily accessible before the vessel leaves port and at all times when the vessel is operated. (b) Each item of lifesaving equipment, including unapproved equipment, must be maintained and inspected in accordance with: (1) Table 28.140 in this section; (2) The servicing procedure under the subpart of this chapter applicable to the item's approval; and (3) The manufacturer's guidelines. (c) An inflatable liferaft or inflatable buoyant apparatus must be serviced no later than the month and year on its servicing sticker affixed under 46 CFR 160.151-57(n), and whenever the container is damaged or the container straps or seals are broken. It must be serviced at a facility specifically approved by the Commandant for the particular brand. (d) An escape route from a space where an individual may be employed or an accommodation space must not be obstructed. Table 28.140—Scheduled Maintenance and Inspection of Lifesaving Equipment 1 For a new liferaft or inflatable buoyant apparatus, the first annual servicing may be deferred to two years from the date of first packing if so indicated on the servicing sticker. 2 Water activated batteries must be replaced whenever they are used. | |||
| 46:46:1.0.1.3.21.3.7.1 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | C | Subpart C—Requirements for Documented Vessels That Operate Beyond the Boundary Lines or With More Than 16 Individuals On Board, or for Fish Tender Vessels Engaged in the Aleutian Trade | § 28.200 Applicability. | USCG | [CGD 94-025, 60 FR 54444, Oct. 24, 1995] | Each documented commercial fishing industry vessel must meet the requirements of this subpart in addition to the requirements of subparts A and B of this part if it: (a) Operates beyond the Boundary Lines; (b) Operates with more than 16 individuals on board; or (c) Is a fish tender vessel engaged in the Aleutian trade. | |||
| 46:46:1.0.1.3.21.3.7.10 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | C | Subpart C—Requirements for Documented Vessels That Operate Beyond the Boundary Lines or With More Than 16 Individuals On Board, or for Fish Tender Vessels Engaged in the Aleutian Trade | § 28.250 High water alarms. | USCG | On a vessel 36 feet (11.8 meters) or more in length, a visual and audible alarm must be provided at the operating station to indicate high water level in each of the following normally unmanned spaces: (a) A space with a through-hull fitting below the deepest load waterline, such as the lazarette; (b) A machinery space bilge, bilge well, shaft alley bilge, or other space subject to flooding from sea water piping within the space; and (c) A space with a non-watertight closure, such as a space with a non-watertight hatch on the main deck. | ||||
| 46:46:1.0.1.3.21.3.7.11 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | C | Subpart C—Requirements for Documented Vessels That Operate Beyond the Boundary Lines or With More Than 16 Individuals On Board, or for Fish Tender Vessels Engaged in the Aleutian Trade | § 28.255 Bilge pumps, bilge piping, and dewatering systems. | USCG | (a) Each vessel must be equipped with a bilge pump and bilge piping capable of draining any watertight compartment, other than tanks and small buoyancy compartments, under all service conditions. Large spaces, such as enginerooms must be fitted with more than one suction line. (b) In addition to the requirements of paragraph (a) of this section, a space used in the sorting or processing of fish in which water is used must be fitted with dewatering system capable of dewatering the space under normal conditions of list and trim at the same rate as water is introduced. Pumps used as part of the processing of fish do not count for meeting this requirement. The dewatering system must be interlocked with the pump(s) supplying water to the space, so that in the event of failure of the dewatering system, the water supply is inactivated. (c) Except as provided by paragraph (f) of this section, each vessel 79 feet (24 meters) or more in length must be equipped with a fixed, self-priming, powered, bilge pump connected to a bilge manifold. (d) If a bilge pump required by paragraph (a) of this section is portable, it must be provided with a suitable suction hose of adequate length to reach the bilges of each watertight compartment it must serve and with a discharge hose of adequate length to ensure overboard discharge. A portable pump must be capable of dewatering each space it serves at a rate of at least 2 inches (51 millimeters) of water depth per minute. (e) Except for a fire pump required by § 28.315, a bilge pump may be used for other purposes. (f) Except where an individual pump is provided for a separate space or for a portable pump, each individual bilge suction line must be led to a manifold. Each bilge suction line must be provided with a stop valve at the manifold and a check valve at some accessible point in the bilge line to prevent unintended flooding of a space. (g) Each bilge suction line and dewatering system suction must be fitted with a suitable strainer to prevent clogging of the suction line. Strai… | ||||
| 46:46:1.0.1.3.21.3.7.12 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | C | Subpart C—Requirements for Documented Vessels That Operate Beyond the Boundary Lines or With More Than 16 Individuals On Board, or for Fish Tender Vessels Engaged in the Aleutian Trade | § 28.260 Electronic position fixing devices. | USCG | Each vessel 79 feet (24 meters) or more in length must be equipped with an electronic position fixing device capable of providing accurate fixes for the area in which the vessel operates. | ||||
| 46:46:1.0.1.3.21.3.7.13 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | C | Subpart C—Requirements for Documented Vessels That Operate Beyond the Boundary Lines or With More Than 16 Individuals On Board, or for Fish Tender Vessels Engaged in the Aleutian Trade | § 28.265 Emergency instructions. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by USCG-2010-0759, 75 FR 60002, Sept. 29, 2010] | (a) Except as provided in paragraphs (b) and (c) of this section, each vessel must have emergency instructions posted in conspicuous locations accessible to the crew. (b) The instructions identified in paragraphs (d)(6), (d)(7), (d)(8), and (d)(9) of this section, may be kept readily available as an alternative to posting. (c) On a vessel which operates with less than 4 individuals on board, the emergency instructions may be kept readily available as an alternative to posting. (d) The emergency instructions required by this section must identify at least the following information, as appropriate for the vessel: (1) The survival craft embarkation stations aboard the vessel and the survival craft to which each individual is assigned; (2) The fire and emergency signal and the abandon ship signal; (3) If immersion suits are provided, the location of the suits and illustrated instructions on the method for donning the suits; (4) Procedures for making a distress call, such as: (i) Make sure your communication equipment is on. (ii) Select 156.8 MHz (VHF channel 16), 2182 kHz, or other distress frequency used in your area of operation. Note: VHF channel 16 and 2182 kHz on SSB are for emergency and calling purposes only. (iii) Press microphone button and speaking slowly—clearly—calmly say: “Mayday—Mayday—Mayday” (iv) Say: “This is the M/V (Insert name of your vessel), (Insert name of your vessel), (Insert name of your vessel), Over.” (v) Release the microphone button briefly and listen for acknowledgment. If no one answers, repeat steps in paragraphs (d)(4) (iii) and (iv) of this section. (vi) If there is still no answer, or if the Coast Guard or another vessel responds, say: “Mayday—This is the M/V (Insert Name of Your Vessel).” (vii) Describe your position using latitude and longitude coordinates, or range and bearing from a known point. (viii) State the nature of the distress. (ix) Give number of individuals aboard and the nature of any injuries. (x) Estimate the present seaworthiness of your vessel. … | |||
| 46:46:1.0.1.3.21.3.7.14 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | C | Subpart C—Requirements for Documented Vessels That Operate Beyond the Boundary Lines or With More Than 16 Individuals On Board, or for Fish Tender Vessels Engaged in the Aleutian Trade | § 28.270 Instruction, drills, and safety orientation. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 95-012, 60 FR 48048, Sept. 18, 1995; CGD 96-046, 61 FR 57275, Nov. 5, 1996, CGD 96-046, 62 FR 46677, Sept. 4, 1997; USCG-2002-13058, 67 FR 61278, Sept. 30, 2002] | (a) Drills and instruction. The master or individual in charge of each vessel must ensure that drills are conducted and instruction is given to each individual on board at least once each month. Instruction may be provided in conjunction with drills or at other times and places provided it ensures that each individual is familiar with their duties and their responses to at least the following contingencies: (1) Abandoning the vessel; (2) Fighting a fire in different locations on board the vessel; (3) Recovering an individual from the water; (4) Minimizing the effects of unintentional flooding; (5) Launching survival craft and recovering lifeboats and rescue boats; (6) Donning immersion suits and other wearable personal flotation devices; (7) Donning a fireman's outfit and a self-contained breathing apparatus, if the vessel is so equipped; (8) Making a voice radio distress call and using visual distress signals; (9) Activating the general alarm; and (10) Reporting inoperative alarm systems and fire detection systems. (b) Participation in drills. Drills must be conducted on board the vessel as if there were an actual emergency and must include participation by all individuals on board, breaking out and using emergency equipment, testing of all alarm and detection systems, donning protective clothing, and donning immersion suits, if the vessel is so equipped. (c) Training. No individual may conduct the drills or provide the instructions required by this section unless that individual has been trained in the proper procedures for conducting the activity. (d) The viewing of videotapes concerning at least the contingencies listed in paragraph (a) of this section, whether on board the vessel or not, followed by a discussion led by an individual familiar with these contingencies will satisfy the requirement for instruction but not the requirement for drills in paragraph (b) of this section or for the safety orientation in paragraph (e) of this section. (e) Safety orientation. The master or individua… | |||
| 46:46:1.0.1.3.21.3.7.15 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | C | Subpart C—Requirements for Documented Vessels That Operate Beyond the Boundary Lines or With More Than 16 Individuals On Board, or for Fish Tender Vessels Engaged in the Aleutian Trade | § 28.275 Acceptance criteria for instructors and course curricula. | USCG | [CGD 96-046, 61 FR 57275, Nov. 5, 1996, as amended by CGD 96-046, 62 FR 46677, Sept. 4, 1997; USCG-2001-10224, 66 FR 48619, Sept. 21, 2001; USCG-2004-18884, 69 FR 58344, Sept. 30, 2004; USCG-2008-0906, 73 FR 56509, Sept. 29, 2008; USCG-2006-24371, 74 FR 11264, Mar. 16, 2009; USCG-2014-0688, 79 FR 58279, Sept. 29, 2014; USCG-2020-0304, 85 FR 58282, Sept. 18, 2020] | (a) A Fishing Vessel Safety Instructor shall submit a detailed course curriculum that relates directly to the contingencies listed in § 28.270(a), or a letter certifying the use of the “Personal Survival and Emergency Drills Course,” a national standard curriculum, to the cognizant OCMI. This document can be ordered through the U.S. Marine Safety Association (USMSA), 5050 Industrial Road, Farmingdale, NJ 07727; telephone: (732) 751-0102; fax: (732) 751-0508; or e-mail: usmsa@usmsa.org. For the criteria of Fishing Vessel Safety Instructor, the following documentation shall be provided to the cognizant OCMI: (1) Proof of at least 1 year of experience in a marine related field and experience that relates directly to the contingencies listed in § 28.270(a) including— (i) Experience as an instructor; or (ii) Training received in instructional methods; or (2) A valid license or officer endorsement issued by the Coast Guard authorizing service as master of uninspected fishing industry vessels and proof of experience that relates directly to the contingencies listed in § 28.270(a) including— (i) Experience as an instructor; or (ii) Training received in instructional methods; or (3) A valid license or officer endorsement issued by the Coast Guard authorizing service as a master of inspected vessels of 100 gross tons or more and proof of experience that relates directly to the contingencies listed in § 28.270(a) including— (i) Experience as an instructor; or (ii) Training received in instructional methods. (b) Each OCMI will issue a letter of acceptance to all qualified individuals and will maintain a list of accepted instructors in his/her zone. (c) Letters of acceptance shall be valid for a period of 5 years. (d) Fishing Vessel Safety Instructors or the organization providing training shall issue documents to Fishing Vessel Drill Conductors upon successful completion of all required training. | |||
| 46:46:1.0.1.3.21.3.7.2 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | C | Subpart C—Requirements for Documented Vessels That Operate Beyond the Boundary Lines or With More Than 16 Individuals On Board, or for Fish Tender Vessels Engaged in the Aleutian Trade | § 28.205 Fireman's outfits and self-contained breathing apparatus. | USCG | (a) Each vessel that operates with more than 49 individuals on board must be equipped with at least two fireman's outfits stowed in widely separated locations. (b) Each vessel that uses ammonia as a refrigerant must be equipped with at least two self-contained breathing apparatuses. (c) A fireman's outfit must consist of one self-contained breathing apparatus with lifeline attached, one flashlight, a rigid helmet, boots, gloves, protective clothing, and one fire axe. (d) At least one spare air bottle must be provided for each self-contained breathing apparatus. (e) Each self-contained breathing apparatus must be approved by the Mine Safety and Health Administration (MSHA) and by the National Institute for Occupational Safety and Health (NIOSH), have as a minimum a 30 minute air supply, and a full facepiece. | ||||
| 46:46:1.0.1.3.21.3.7.3 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | C | Subpart C—Requirements for Documented Vessels That Operate Beyond the Boundary Lines or With More Than 16 Individuals On Board, or for Fish Tender Vessels Engaged in the Aleutian Trade | § 28.210 First aid equipment and training. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 95-012, 60 FR 48048, Sept. 18, 1995; USCG-2018-0874, 84 FR 30883, June 28, 2019] | (a) Each vessel must have on board a complete first aid manual and medicine chest of a size suitable for the number of individuals on board in a readily accessible location. (b) First aid and cardiopulmonary resuscitation (CPR) course certification. Certification in first aid and CPR must be as described in this paragraph. (1) First aid—a certificate indicating completion of a first aid course from: (i) The American National Red Cross “Standard First Aid and Emergency Care” or “Multi-media Standard First Aid” course; or (ii) A course approved by the Coast Guard under § 11.201(i) of this chapter. (2) CPR—A certificate indicating completion of course from: (i) The American National Red Cross; (ii) The American Heart Association; or (iii) A course approved by the Coast guard under § 10.205(h)(2)(iii) of this chapter. (c) Each vessel that operates with more than 2 individuals on board must have at least 1 individual certified in first aid and at least 1 individual certified in CPR. An individual certified in both first aid and CPR will satisfy both of these requirements. (d) Each vessel that operates with more than 16 individuals on board must have at least 2 individuals certified in first aid and at least 2 individuals certified in CPR. An individual certified in both first aid and CPR may be counted for both requirements. (e) Each vessel that operates with more than 49 individuals on board must have at least 4 individuals certified in first aid and at least 4 individuals certified in CPR. An individual certified in both first aid and CPR may be counted for both requirements. | |||
| 46:46:1.0.1.3.21.3.7.4 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | C | Subpart C—Requirements for Documented Vessels That Operate Beyond the Boundary Lines or With More Than 16 Individuals On Board, or for Fish Tender Vessels Engaged in the Aleutian Trade | § 28.215 Guards for exposed hazards. | USCG | (a) Each space on board a vessel must meet the requirements of this section. (b) Suitable hand covers, guards, or railing must be installed in way of machinery which can cause injury to personnel, such as gearing, chain or belt drives, and rotating shafting. This is not meant to restrict necessary access to fishing equipment such as winches, drums, or gurdies. (c) Each exhaust pipe from an internal combustion engine which is within reach of personnel must be insulated or otherwise guarded to prevent burns. | ||||
| 46:46:1.0.1.3.21.3.7.5 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | C | Subpart C—Requirements for Documented Vessels That Operate Beyond the Boundary Lines or With More Than 16 Individuals On Board, or for Fish Tender Vessels Engaged in the Aleutian Trade | § 28.225 Navigational information. | USCG | [CGD 88-079, 59 FR 40393, Aug. 14, 1991, as amended by CGD 96-046, 61 FR 57275, Nov. 5, 1996; CGD 96-046, 62 FR 46677, Sept. 4, 1997; USCG-2001-10224, 66 FR 48619, Sept. 21, 2001; USCG-2014-0688, 79 FR 58279, Sept. 29, 2014] | (a) Each vessel must have at least the following navigational information on board: (1) Marine charts of the area to be transited, published by the National Ocean Service, the National Geospatial-Intelligence Agency, U.S. Army Corps of Engineers, or a river authority that— (i) Are of a large enough scale and have enough detail to make safe navigation of the area possible; and (ii) Are currently corrected. (2) For the area to be transited, a currently corrected copy of, or applicable currently corrected extract from, each of the following publications: (i) U.S. Coast Pilot; and (ii) Coast Guard Light List. (3) For the area to be transited, the current edition of, or applicable current extract from, each of the following publications: (i) Tide tables promulgated by the National Ocean Service; and (ii) Tidal current tables promulgated by the National Ocean Service, or a river current publication issued by the U.S. Corps of Engineers or a river authority. (b) Each vessel of 39.4 feet (12 meters) or more in length that operates shoreward of the COLREG Demarcation Lines, as set forth in 33 CFR part 80, must carry on board and maintain for ready reference a copy of the Inland Navigation Rules, as set forth in 33 CFR chapter I, subchapter E. | |||
| 46:46:1.0.1.3.21.3.7.6 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | C | Subpart C—Requirements for Documented Vessels That Operate Beyond the Boundary Lines or With More Than 16 Individuals On Board, or for Fish Tender Vessels Engaged in the Aleutian Trade | § 28.230 Compasses. | USCG | Each vessel must be equipped with an operable magnetic steering compass with a compass deviation table at the operating station. | ||||
| 46:46:1.0.1.3.21.3.7.7 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | C | Subpart C—Requirements for Documented Vessels That Operate Beyond the Boundary Lines or With More Than 16 Individuals On Board, or for Fish Tender Vessels Engaged in the Aleutian Trade | § 28.235 Anchors and radar reflectors. | USCG | (a) Each vessel must be fitted with an anchor(s) and chain(s), cable, or rope appropriate for the vessel and the waters of the intended voyage. (b) Except for a vessel rigged with gear that provides a radar signature from a distance of 6 miles, each nonmetallic hull vessel must have a radar reflector. | ||||
| 46:46:1.0.1.3.21.3.7.8 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | C | Subpart C—Requirements for Documented Vessels That Operate Beyond the Boundary Lines or With More Than 16 Individuals On Board, or for Fish Tender Vessels Engaged in the Aleutian Trade | § 28.240 General alarm system. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 95-012, 60 FR 48048, Sept. 18, 1995] | (a) Except as provided in paragraph (f) of this section, each vessel with an accommodation space or a work space which is not adjacent to the operating station, must have an audible general alarm system with a contact-maker at the operating station suitable for notifying individuals on board in the event of an emergency. (b) The general alarm system must be capable of notifying an individual in any accommodation space or work space where they may normally be employed. (c) In a work space where background noise makes a general alarm system difficult to hear, a flashing red light must also be installed. (d) Each general alarm bell and flashing red light must be identified with red lettering at least 1/2 inch (13 millimeters) high as follows: Attention General Alarm—When Alarm Sounds Go to Your Station. General Alarm—When Alarm Sounds Go to Your Station. (e) A general alarm system must be tested prior to operation of the vessel and at least once each week thereafter. (f) A public address system or other means of alerting all individuals on board may be used in lieu of a general alarm system provided it complies with paragraphs (b), (c), and (e) of this section and can be activated from the operating station. | |||
| 46:46:1.0.1.3.21.3.7.9 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | C | Subpart C—Requirements for Documented Vessels That Operate Beyond the Boundary Lines or With More Than 16 Individuals On Board, or for Fish Tender Vessels Engaged in the Aleutian Trade | § 28.245 Communication equipment. | USCG | (a) Except as provided in paragraphs (b) through (e) of this section, each vessel must be equipped as follows. (1) Each vessel must be equipped with a VHF radiotelephone capable of transmitting and receiving on the frequency or frequencies within the 156-162 MHz band necessary to communicate with a public coast station or U.S. Coast Guard station serving the area in which the vessel is operating. (2) Each vessel that operates more than 20 miles from the coastline, in addition to the VHF radiotelephone required by paragraph (a)(1) of this section, must be equipped with a radiotelephone transceiver capable of transmitting and receiving on frequencies in the 2-4 MHz band necessary to communicate with a public coast station or U.S. Coast Guard station serving the area in which the vessel is operating. (3) Each vessel that operates more than 100 miles from the coastline, in addition to the communication equipment required by paragraph (a)(1) of this section must be equipped with a radiotelephone transceiver capable of transmitting and receiving on frequencies in the 2-27.5 MHz band necessary to communicate with a public coast station or U.S. Coast Guard station serving the area in which the vessel is operating. (4) Each vessel that operates in waters contiguous to Alaska where no public coast station or U.S. Coast Guard station is within communications range of a VHF radio transceiver operating on the 156-162 MHz band or the 2-4 MHz band, in addition to the VHF radio communication equipment required by paragraph (a)(1) of this section, must be equipped with a radiotelephone transceiver capable of transmitting and receiving on frequencies in the 2-27.5 MHz band necessary to communicate with a public coast station or a U.S. Coast Guard station serving the area in which the vessel is operating. (b) A single radio transceiver capable of meeting the requirements of paragraphs (a) (2) and (3), or paragraphs (a) (2), (3), and (4) of this section, is acceptable. (c) Satellite communication capability with the system ser… | ||||
| 46:46:1.0.1.3.21.4.7.1 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.300 Applicability and general requirements. | USCG | [USCG-2004-18884, 69 FR 58344, Sept. 30, 2004] | Each commercial fishing industry vessel which has its keel laid or is at a similar stage of construction, or which undergoes a major conversion completed on or after September 15, 1991, and that operates with more than 16 individuals on board, must comply with the requirements of this subpart in addition to the requirements of subparts A, B, and C of this part. | |||
| 46:46:1.0.1.3.21.4.7.10 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.345 Electrical standards for vessels less than 79 feet (24 meters) in length. | USCG | (a) A vessel less than 79 feet (24 meters) in length with an alternating current electrical distribution system may comply with the requirements of ABYC E-8 and either paragraph (c) or (d) of this section, as applicable, in lieu of meeting the requirements of §§ 28.350 through 28.370. (b) A vessel less than 79 feet (24 meters) in length with a direct current system may comply with the requirements of ABYC E-1, ABYC E-9, and either paragraph (c) or (d) of this section, as applicable, in lieu of meeting the requirements of §§ 28.350 through 28.370. (c) In addition to paragraph (a) or (b) of this section, the vessel may comply with the requirements of NFPA 302, chapters 7 and 8. (d) In addition to paragraph (a) or (b) of this section, the vessel may comply with the requirements of 33 CFR part 183, subpart I and § 28.370. | ||||
| 46:46:1.0.1.3.21.4.7.11 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.350 General requirements for electrical systems. | USCG | (a) Electrical equipment exposed to the weather or in a location exposed to seas must be waterproof, watertight, or enclosed in a watertight housing. (b) Aluminum must not be used for current carrying parts of electrical equipment or wiring. (c) As far as practicable, electrical equipment must not be installed in lockers used to store paint, oil, turpentine, or other flammable or combustible liquid. If electrical equipment, such as lighting, is necessary in these spaces, it must be explosion-proof or intrinsically safe. (d) Explosion-proof and intrinsically safe equipment must meet the requirements of 46 CFR part 111, subpart 111.105. (e) Metallic enclosures and frames of electrical equipment must be grounded. (f) Each vessel with a nonmetallic hull must have a continuous, non-current carrying grounding conductor which connects together the enclosures and frames of electrical equipment and which connects metallic items such as engines, fuel tanks, and equipment enclosures to a common ground point. (g) The equipment grounding conductor must be sized in accordance with section 250-95 of NFPA Standard 70. | ||||
| 46:46:1.0.1.3.21.4.7.12 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.355 Main source of electrical power. | USCG | (a) Applicability. Each vessel that relies on electricity to power any of the following essential loads must have at least two electrical generators to supply these loads: (1) The propulsion system and its necessary auxiliaries and controls; (2) Interior lighting; (3) Steering systems; (4) Communication systems; (5) Navigation equipment and navigation lights; (6) Fire protection or detection equipment; (7) Bilge pumps; or (8) General alarm system. (b) Each generator must be attached to an independent prime mover. | ||||
| 46:46:1.0.1.3.21.4.7.13 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.360 Electrical distribution systems. | USCG | (a) Each electrical distribution system which has a neutral bus or conductor must have the neutral bus or conductor grounded. (b) A grounded electrical distribution system must have only one connection to ground. This ground connection must be at the switchboard or, on a nonmetallic vessel, at the common ground point. | ||||
| 46:46:1.0.1.3.21.4.7.14 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.365 Overcurrent protection and switched circuits. | USCG | (a) Each power source must be protected against overcurrent. Overcurrent devices for generators must be set at a value not exceeding 115 percent of the generator full load rating. (b) Except for a steering circuit, each circuit must be protected against both overload and short circuit. Each overcurrent device in a steering system power and control circuit must provide short circuit protection only. (c) Each ungrounded current carrying conductor must be protected in accordance with its current carrying capacity by a circuit breaker or fuse at the connection to the switchboard or distribution panel bus. (d) Each circuit breaker and each switch must simultaneously open all ungrounded conductors. (e) The grounded conductor of a circuit must not be disconnected by a switch or an overcurrent device unless all ungrounded conductors of the circuit are simultaneously disconnected. (f) Navigation light circuits must be separate, switched circuits having fused disconnect switches or circuit breakers so that only the appropriate navigation lights can be switched on. (g) A separate circuit with overcurrent protection at the main distribution panel or switchboard must be provided for each radio installation. | ||||
| 46:46:1.0.1.3.21.4.7.15 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.370 Wiring methods and materials. | USCG | (a) All cable and wire must have insulated, stranded copper conductors of the appropriate size and voltage rating for the circuit. (b) Each conductor must be No. 22 AWG or larger. Conductors in power and lighting circuits must be No. 14 AWG or larger. Conductors must be sized so that the voltage drop at the load terminals is not more than 10 percent. (c) Cable and wiring not serving equipment in a high risk fire area such as a galley, laundry, or machinery space must be routed as far as practicable from these spaces. As far as practicable, cables serving duplicated essential equipment must be separated so that a casualty that affects one cable does not affect the other. (d) Cable and wire for power and lighting circuits must: (1) For circuits of less than 50 volts, meet 33 CFR 183.425 and 183.430; and (2) For circuits of 50 volts or greater: (i) Meet sections 310-13 and 310-15 of NFPA 70, except that asbestos insulated cable and dry location cable must not be used; (ii) Be listed by Underwriters Laboratories Inc. as UL Boat or UL Marine Shipboard cable; or (iii) Meet 46 CFR part 111, subpart 111.60. (e) All metallic cable armor must be electrically continuous and grounded to the metal hull or the common ground point at each end of the cable run, except that final sub-circuits (those supplying loads) may be grounded at the supply end only. (f) A wiring termination and connection must be made in a fire retardant enclosure such as a junction box, fixture enclosure, or panel enclosure. A fire retardant plastic enclosure is acceptable. | ||||
| 46:46:1.0.1.3.21.4.7.16 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.375 Emergency source of electrical power. | USCG | [CGD 88-079; 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991] | (a) Each vessel must have an emergency source of electrical power which is independent of the main sources of electrical power and which is located outside the main machinery space. (b) The emergency source of electrical power must be capable of supplying all connected loads continuously for at least 3 hours. (c) Except as provided in paragraphs (d) and (e) of this section, the following electrical loads must be connected to the emergency source of power: (1) Navigation lights; (2) Steering systems; (3) Bilge pumps; (4) Fire protection and detection systems, including fire pumps; (5) Communication equipment; (6) General alarm system and; (7) Emergency lighting. (d) A vessel less than 36 feet (11.0 meters) in length need only supply communication equipment by an emergency source of electrical power if flashlights are provided. (e) A vessel less than 79 feet (24 meters) in length which is not dependent upon electrical power for propulsion, including propulsion control systems or steering, need only supply emergency lighting, navigation equipment, general alarm system, and communication systems by the emergency source of power. (f) Where the emergency source of power is a generator, the generator prime mover must have a fuel supply which is independent of other prime movers. | |||
| 46:46:1.0.1.3.21.4.7.17 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.380 General structural fire protection. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991, as amended by CGD 96-046, 61 FR 57275, Nov. 5, 1996; CGD 95-028, 62 FR 51197, Sept. 30, 1997] | (a) Fire hazards to be minimized. Each vessel must be constructed so as to minimize fire hazards insofar as is reasonable and practicable. (b) Combustibles insulated from heated surfaces. An internal combustion engine exhaust, galley uptake, electrical heating tape, or similar source of ignition must be kept clear of and suitably insulated from combustible material. A dry exhaust system for an internal combustion engine on a wooden or fiber reinforced plastic vessel must be installed in accordance with ABYC P-1. (c) Separation of machinery and fuel tank spaces from accommodation spaces. (1) Each accommodation space must be separated from machinery and fuel tank spaces by a fire resistant boundary which will prevent the passage of vapors. (2) Each pipe and cable penetration between an accommodation space and a machinery or a fuel tank storage space must be sealed. (d) Paint and flammable liquid lockers. Each vessel carrying paint and flammable liquids must be equipped with a steel or a steel lined storage locker. (e) Insulation. Except as provided in paragraphs (e)(1) and (e)(2) of this section, insulation must be noncombustible. (1) In machinery spaces, combustible insulation may be used for pipe and machinery lagging. (2) In cargo spaces and refrigerated compartments of service spaces, combustible insulation may be used. (f) Vapor barrier. Where insulation of any type is used in spaces where flammable and combustible liquids or vapors are present, e.g., machinery spaces and paint lockers, a vapor barrier which covers the insulation must be provided. (g) Paint. Nitrocellulose or other highly flammable or noxious fume producing paints or lacquers must not be used on the vessel. (h) Mattresses. Polyurethane foam mattresses are prohibited. The U.S. Department of Commerce Standard for Mattress Flammability (FF4-72.16) in 16 CFR part 1632, subpart A, applies to each mattress. (i) Fiber reinforced plastic. When the hull, a deck, deckhouse, or superstructure of a vessel is partially or comp… | |||
| 46:46:1.0.1.3.21.4.7.18 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.385 Structural fire protection for vessels that operate with more than 49 individuals on board. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991] | (a) Applicability. Each vessel that operates with more than 49 individuals on board must comply with the requirements of this section in addition to the requirements of § 28.380. (b) Construction. The hull, structural bulkheads, columns and stanchions must be composed of steel. Superstructures and deckhouses must be constructed of noncombustible material. (c) Protection of accommodation spaces. A bulkhead or deck separating an accommodation space from a control station, machinery space, cargo space, or service space must be constructed of noncombustible material. | |||
| 46:46:1.0.1.3.21.4.7.19 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.390 Means of escape. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by USCG-2008-0906, 73 FR 56509, Sept. 29, 2008] | (a) Each space which is used by an individual on a regular basis or which is generally accessible to an individual must have at least two widely separated means of escape. At least one of the means of escape must be independent of watertight doors. Subject to the restrictions of this section, means of escape include normal exits and emergency exits, passageways, stairways, ladders, deck scuttles, and windows. (b) At least one of the means of escape from each space must provide a satisfactory route to weather. (c) Each door, hatch or scuttle used as a means of escape must be capable of being opened by one individual, from either side, in both light and dark conditions, must open towards the expected direction of escape from the space served, and if a watertight door be of the quick acting type. (d) Each deck scuttle which serves as a means of escape, must be fitted with a quick-acting release and a device to hold the scuttle in an open position. (e) Each foothold, handhold, ladder, or similar structure, provided to aid escape, must be suitable for use in emergency conditions and must be of rigid construction. (f) A window or windshield of sufficient size and proper accessibility may be used as one of the required means of escape from an enclosed space. | |||
| 46:46:1.0.1.3.21.4.7.2 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.305 Lifesaving and signaling equipment. | USCG | Each vessel to which this subpart applies must meet the requirements for life preservers, immersion suits, ring life buoys, distress signals, and survival craft in §§ 28.110, 28.115, 28.145 and table 28.120 (a), (b), or (c), as appropriate for the vessel type, on the date that its construction or major conversion is completed. | ||||
| 46:46:1.0.1.3.21.4.7.20 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.395 Embarkation stations. | USCG | Each vessel must have at least one designated survival craft embarkation station and any additional embarkation stations necessary so that an embarkation station is readily accessible from each accommodation space and work space. Each embarkation station must be arranged to allow the safe boarding of survival craft. | ||||
| 46:46:1.0.1.3.21.4.7.21 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.400 Radar and depth sounding devices. | USCG | (a) Each vessel must be fitted with a general marine radar system for surface navigation with a radar screen mounted at the operating station. (b) Each vessel must be fitted with a suitable echo depth sounding device. | ||||
| 46:46:1.0.1.3.21.4.7.22 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.405 Hydraulic equipment. | USCG | (a) Each hydraulic system must be so designed and installed that proper operation of the system is not affected by back pressure in the system. (b) Piping and piping components must be designed with a burst pressure of not less than four times the system maximum operating pressure. (c) Each hydraulic system must be equipped with at least one pressure relieving device set to relieve at the system's maximum operating pressure. (d) All material in a hydraulic system must be suitable for use with the hydraulic fluid used and must be of such chemical and physical properties as to remain ductile at the lowest operating temperature likely to be encountered by the vessel. (e) Except for hydraulic steering equipment, controls for hydraulic equipment must be located where the operator has an unobstructed view of the hydraulic equipment and the adjacent working area. (f) Controls for hydraulic equipment must be so arranged that the operator is able to quickly disengage the equipment in an emergency. (g) Hydraulically operated machinery must be equipped with a holding device to prevent uncontrolled movement due to loss of hydraulic system pressure. (h) A nonmetallic flexible hose must only be used between two points of relative motion, including a pump and piping system, and must meet SAE J 1942. (i) Each nonmetallic flexible hose and hose assembly must be installed in accordance with the manufacturer's rating and guidelines and must be limited to a length of not more that 30 inches (0.76 meters) in an application not subject to torsional loading. | ||||
| 46:46:1.0.1.3.21.4.7.23 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.410 Deck rails, lifelines, storm rails, and hand grabs. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991] | (a) Except as otherwise provided in paragraph (d) of this section, deck rails, lifelines, grab rails, or equivalent protection must be installed near the periphery of all weather decks accessible to individuals. Where space limitations make deck rails impractical, hand grabs may be substituted. (b) The height of deck rail, lifelines, or bulwarks must be at least 39 1/2 inches (1 meter) from the deck, except, where this height would interfere with the normal operation of the vessel, a lesser height may be substituted. (c) All deck rails or lifelines must be permanently supported by stanchions at intervals of not more than 7 feet (2.3 meters). Stanchions must be through bolted or welded to the deck. (d) Portable stanchions and lifelines may be installed in locations where permanently installed deck rails would impede normal fishing operations or emergency recovery operations. (e) Deck rails or lifelines must consist of evenly spaced courses. The spacing between courses must not be greater than 15 inches (0.38 meters). The opening below the lowest course must not be more than 9 inches (0.23 meters). Lower courses are not required where all or part of the space below the upper rail is fitted with a bulwark, chain link fencing, wire mesh, or an equivalent. (f) A suitable storm rail or hand grab must be installed where necessary in a passageway, at a deckhouse side, at a ladder, and a hatch where an individual might have normal access. (g) A stern trawler must have doors, gates, or other protective arrangements at the top of the stern ramp at least as high as adjacent bulwarks or 39 1/2 inches (1 meter), whichever is less. | |||
| 46:46:1.0.1.3.21.4.7.3 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.310 Launching of survival craft. | USCG | A gate or other opening must be provided in the deck rails, lifelines, or bulwarks adjacent to the stowage location of each survival craft which weighs more than 110 pounds (489 Newtons), to allow the survival craft to be manually launched. | ||||
| 46:46:1.0.1.3.21.4.7.4 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.315 Fire pumps, fire mains, fire hydrants, and fire hoses. | USCG | (a) Each vessel 36 feet (11.8 meters) or more in length must be equipped with a self-priming, power driven fire pump connected to a fixed piping system. (1) A fire pump on a vessel 79 feet (24 meters) or more in length must be capable of delivering water simultaneously from the two highest hydrants, or from both branches of the fitting if the highest hydrant has a siamese fitting, at a pitot tube pressure of at least 50 psi (0.345 Newtons per square millimeter) and a flow rate of at least 80 gpm (303 liters per minute). (2) Each vessel with a power driven fire pump must be equipped to permit energizing the fire main from the operating station and from the pump. (b) Fire main, hydrants, hoses and nozzles. (1) A vessel required to have a fixed fire main system must have a sufficient number of fire hydrants to reach any part of the vessel using a single length of fire hose. (2) A fire hose must be connected to each fire hydrant at all times the vessel is operating. (3) A fire hose on a vessel less than 79 feet (24 meters) in length must be at least 5/8 inch (16 millimeters) nominal diameter, be of good commercial grade and be fitted with a nozzle of corrosion resistant material capable of providing a solid stream and a spray pattern. (4) A fire hose on a vessel 79 feet (24 meters) or more in length must be lined commercial fire hose and be fitted with a nozzle made of corrosion resistant material capable of providing a solid stream and a spray pattern. | ||||
| 46:46:1.0.1.3.21.4.7.5 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.320 Fixed gas fire extinguishing systems. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 96-046, 61 FR 57275, Nov. 5, 1996] | (a) Requirements for vessels 79 feet (24 meters) or more in length. A vessel 79 feet (24 meters) or more in length must be fitted with a fixed gas fire extinguishing system in the following enclosed spaces: (1) A space containing an internal combustion engine of more than 50 horsepower; (2) A space containing an oil fired boiler; (3) An incinerator and; (4) A space containing a gasoline storage tank. (b) System types and alternatives. (1) A pre-engineered fixed gas fire extinguishing system may be installed only in a normally unoccupied machinery space, paint locker, or space containing flammable liquid stores that has a gross volume of not more than 33.98 cubic meters (1200 cubic feet). (2) A fixed gas fire extinguishing system that is capable of automatic discharge upon heat detection may be installed only in a normally unoccupied space with a gross volume of not more than 169.92 cubic meters (6000 cubic feet). (3) A space with a gross volume exceeding 169.92 cubic meters (6000 cubic feet) must be fitted with a manually actuated and alarmed fixed gas fire extinguishing system. (c) General requirements. (1) A fixed gas fire extinguishing system aboard a vessel must be approved by the Commandant and be custom engineered, unless the system meets the requirements for a pre-engineered fixed gas fire extinguishing system in paragraph (d) of this section. (2) System components must be listed and labeled by an independent, nationally recognized testing laboratory for the system being installed. (3) System design and installation must be in accordance with the Manufacturer's Marine Design, Installation, Operation, and Maintenance Manual approved for the system by the Commandant. (4) A fixed gas fire extinguishing system may protect more than one space. The quantity of extinguishing agent must be at least sufficient for the largest space protected by the system. (d) Pre-engineered fixed gas fire extinguishing systems. (1) A pre-engineered fixed gas fire extinguishing system must: (i) Be approved by t… | |||
| 46:46:1.0.1.3.21.4.7.6 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.325 Fire detection and alarm systems. | USCG | [CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by USCG-2012-0196, 81 FR 48247, July 22, 2016] | (a) Each accommodation space must be equipped with an independent modular smoke detector or a smoke actuated fire detecting unit installed in accordance with 46 CFR part 76. (b) An independent modular smoke detector must meet UL 217 and be listed as a “Single Station Smoke Detector—Also suitable for use in Recreational Vehicles.” (c) The regulations in this section have preemptive effect over State or local regulation within the same field. | |||
| 46:46:1.0.1.3.21.4.7.7 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.330 Galley hood and other fire protection equipment. | USCG | (a) Each vessel must be fitted with a grease extraction hood complying with UL 710 above each grill, broiler, and deep fat fryer. (b) Each grease extraction hood must be equipped with a pre-engineered dry or wet chemical fire extinguishing system meeting the applicable sections of NFPA 17 or 17A and must be listed by an independent laboratory. (c) A vessel 79 feet (24 meters) or more in length must have at least one fire axe located in or adjacent to the operating station. | ||||
| 46:46:1.0.1.3.21.4.7.8 | 46 | Shipping | I | C | 28 | PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS | D | Subpart D—Requirements for Vessels Which Have Their Keel Laid or Are at a Similar Stage of Construction on or After or Which Undergo a Major Conversion Completed on or After September 15, 1991, and That Operate With More Than 16 Individuals on Board | § 28.335 Fuel systems. | USCG | (a) Applicability. Except for the components of an outboard engine or portable bilge pump, each vessel must meet the requirements of this section. (b) Portable fuel systems. Portable fuel systems including portable tanks and related fuel lines and accessories are prohibited except where used for outboard engines or portable bilge pumps. The design, construction, and stowage of portable tanks and related fuel lines and accessories must meet the requirements of ABYC H-25. (c) Fuel restrictions. Except for outboard engines, the use of fuel other than bunker C or diesel is prohibited. An installation using bunker C must comply with the requirements of subchapter F of this chapter. (d) Vent pipes for integral fuel tanks. Each integral fuel tank must meet the requirements of this paragraph. (1) Each fuel tank must be fitted with a vent pipe connected to the highest point of the tank terminating in a 180 degree (3.14 radians) bend on a weather deck and fitted with a flame screen. (2) Except where provision is made to fill a tank under pressure, the net cross-sectional area of the vent pipe for a fuel tank must not be less than 0.484 square inches (312.3 square millimeters). (3) Where provision is made to fill a tank under pressure, the net cross-sectional area of the vent pipe must not be less than that of the fill pipe. (e) Fuel piping. Except as permitted in paragraph (e)(1) and (e)(2) of this section, each fuel line must be seamless and must be of steel, annealed copper, nickel-copper, or copper-nickel. Each fuel line must have a wall thickness of not less than that of 0.035 inch (0.9 millimeters) except that: (1) Aluminum piping is acceptable on an aluminum hull vessel provided it is installed outside the machinery space and is at least Schedule 80 in thickness; and (2) Nonmetallic flexible hose is acceptable but must— (i) Not be used in lengths of more than 30 inches (0.82 meters); (ii) Be visible, easily accessible, and must not penetrate a watertight bulkhead; (iii) Be fabricated with an inn… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
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CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);