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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 46:46:1.0.1.1.1.1.1.1 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.01 | Subpart 1.01—Organization and General Flow of Functions | § 1.01-05 Definitions of terms used in this part. | USCG | [CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by USCG-2006-24520, 71 FR 35818, June 22, 2006; USCG-2006-24371, 74 FR 11213, Mar. 16, 2009] | (a) The term Commandant means the Commandant of the Coast Guard. (b) The term District Commander means an officer of the Coast Guard designated as such by the Commandant to command all Coast Guard activities within a district. (c) The term Area Commander means an officer of the Coast Guard designated as such by the Commandant to command all Coast Guard activities within an Area. (d) The term Credential means any or all of the following: (1) Merchant mariner's document. (2) Merchant mariner's license. (3) STCW endorsement. (4) Certificate of registry. (5) Merchant mariner credential. (e) The term Merchant mariner credential or MMC means the credential issued by the Coast Guard under 46 CFR part 10. It combines the individual merchant mariner's document, license, and certificate of registry enumerated in 46 U.S.C. subtitle II part E as well as the STCW endorsement into a single credential that serves as the mariner's qualification document, certificate of identification, and certificate of service. | |||
| 46:46:1.0.1.1.1.1.1.2 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.01 | Subpart 1.01—Organization and General Flow of Functions | § 1.01-10 Organization. | USCG | [CGD 88-033, 54 FR 50376, Dec. 6, 1989] | (a) The Commandant is the head of the agency and exercises overall direction over the policy and administration of the Coast Guard. (b) To carry out the regulatory and enforcement aspects of marine safety, the staff officers designated in this paragraph are assigned to the Commandant. The chain of military command is directly from the Commandant to the District Commanders, except for marine safety regulatory and enforcement matters within the area of responsibility of Coast Guard Activities Europe. For Activities Europe, the chain of command is from the Commandant to the Atlantic Area Commander. The staff officers at Headquarters act only on the basis of the Commandant's authority and direction. (c) The Deputy for Operations Policy and Capabilities (CG-DCO-D), under the general direction of the Commandant, directs, supervises, and coordinates the activities of the Assistant Commandant for Response (CG-5R), the Assistant Commandant for Prevention Policy (CG-5P), and the Director of Operations Resource Management (CG-DCO-R). (1) CG-5R directs, supervises, and coordinates the activities of: (i) The Director of Incident Management and Preparedness Policy (CG-5RI), including— (A) The Office of Environmental Response Policy (CG-MER), (B) The Office of Search and Rescue (CG-SAR), and (C) The Office of Crisis and Contingency Planning and Exercise Policy (CG-CPE); and (ii) The Director of Law Enforcement, Maritime Security and Defense Operations Policy (CG-5RE) including: (A) The Office of Law Enforcement Policy (CG-MLE), (B) The Office of Maritime Security Response Policy (CG-MSR), and (C) The Office of Counterterrorism and Defense Operations Policy (CG-DOD). (2) CG-5P directs, supervises and coordinates the activities of: (i) The Director of Commercial Regulations and Standards (CG-5PS) including (A) The Office of Design and Engineering Standards (CG-ENG), (B) The Office of Merchant Mariner Credentialing (CG-MMC), (C) The Office of Operating and Environmental Standards (CG-OES), and (D) The Office of St… | |||
| 46:46:1.0.1.1.1.1.1.3 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.01 | Subpart 1.01—Organization and General Flow of Functions | § 1.01-15 Organization; Districts; National Maritime Center. | USCG | [CGD 88-033, 54 FR 50376, Dec. 6, 1989] | (a) To assist the District Commander, and the Atlantic Area Commander with respect to Activities Europe, in carrying out the regulatory and enforcement aspects of marine safety, there is assigned to each District Commander and to the Atlantic Area Commander a staff officer designated as Chief, Marine Safety Division. The chain of military command is from the District Commander to each Officer in Charge, Marine Inspection, within the district and from the Atlantic Area Commander to the Officer in Charge, Activities Europe. The Chief of the Marine Safety Division is a staff officer assigned to the District Commanders and Atlantic Area Commander, and acts only on the basis of the authority and direction of the District Commanders, and the Atlantic Area Commanders with respect to Activities Europe. (1) The Chiefs, Marine Safety Division, in the District Offices, under the supervision of their respective District Commanders, direct the activities of their district relative to vessel, factory and shipyard inspections; reports and investigations of marine casualties and accidents; processing of violations of navigation and vessel inspection laws; the credentialing, shipment and discharge of seamen; the investigation and institution of proceedings looking to suspension and revocation under 46 U.S.C. chapter 77 of credentials held by persons; and all other marine safety regulatory activities except those functions related to recreational boating when under the supervision of the Chiefs, Boating Safety Division (CG-BSX-2), in the District Offices. (2) Unless otherwise provided for, the Chiefs, Boating Safety Division (CG-BSX-2), in the District Offices, under the supervision of their respective District Commanders, direct the activities in their districts relative to administration of the law enforcement program applicable to uninspected vessels used for recreational purposes and the imposition and collection of penalties in connection therewith; maintain liaison with Federal and State agencies having related interests; … | |||
| 46:46:1.0.1.1.1.1.1.4 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.01 | Subpart 1.01—Organization and General Flow of Functions | § 1.01-20 Suspension and revocation proceedings. | USCG | (a) The Commandant takes final agency action on each proceeding concerned with revocation. (b) The Commandant has delegated authority to the Vice Commandant in 33 CFR 1.01-40 to take final agency action under subparts I, J, and K of part 5 of this chapter on each proceeding except on a petition or appeal in a case on which an order of revocation has been issued. (c) The Commandant assigns to his staff a Chief Administrative Law Judge who is an Administrative Law Judge appointed under 5 U.S.C. 3105 and whose assignment is to: (1) Act as adviser and special assistant to the Commandant on matters concerning the administration of hearings conducted under 46 U.S.C. chapter 77; (2) Conduct hearings under 46 U.S.C. chapter 77; (3) Train new Administrative Law Judges assigned to conduct hearings under 46 U.S.C. chapter 77; (4) Review the written decisions and orders of each Administrative Law Judge assigned to conduct a hearing under 46 U.S.C. chapter 77; and (5) Act as adviser to the Chief Counsel in preparation of the final action of proceedings conducted under subparts I, J, and K of part 5 of this chapter. (d) The Chief Counsel of the Coast Guard, under the general direction and supervision of the Commandant, U.S. Coast Guard: (1) Acts as an adviser and as a special assistant to the Commandant in matters of law; and (2) Prepares for the consideration of the Commandant or the Vice Commandant, as appropriate, proposed decisions on cases on appeal or review in suspension and revocation proceedings. | ||||
| 46:46:1.0.1.1.1.1.1.5 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.01 | Subpart 1.01—Organization and General Flow of Functions | § 1.01-25 General flow of functions. | USCG | [CGD 88-033, 54 FR 50376, Dec. 6, 1989] | (a) The Officer in Charge, Marine Inspection, has final authority with respect to the functions described in § 1.01-15(b) of this subpart, subject to the rights of appeal set forth in subpart 1.03 of this part. (b)(1) The general course and method by which the functions (other than those dealing with suspension and revocation of credentials described in paragraph (c) of this section) concerning marine safety activities are channeled, begins with the Officer in Charge, Marine Inspection, at the local Sector Office. From this Officer the course is to the Chief, Marine Safety Division, on the staff of the District Commander, and then to the District Commander. From the District Commander, the course is to the Chief of one of the offices with the Assistant Commandant for Prevention Policy at Headquarters. (2) For Activities Europe, the course is from the Officer in Charge, Activities Europe to the staff of the Atlantic Area Commander, then to the Atlantic Area Commander, and then to the Chief of one of the offices with the Assistant Commandant for Prevention Policy at Headquarters. (c) In proceedings involving the suspension or revocation of a Coast Guard credential issued to an individual, the course and method by which such proceedings are channeled are as follows: (1) In the United States, the Commonwealth of Puerto Rico, Territory of Guam, the Virgin Islands, and other possessions, the proceedings are initiated by the issuance of a complaint against the holder of the Coast Guard credential. A Coast Guard Investigating Officer, as defined in 46 CFR 5.15, causes the complaint to be served on the person described therein (respondent) who is a holder of a Coast Guard credential. At a hearing the Coast Guard submits evidence to support the allegations of the complaint, while the respondent may submit evidence in rebuttal or mitigation. The Administrative Law Judge renders a decision on the basis of the evidence adduced at the hearing and the law. The Administrative Law Judge's decision is given to the respondent. … | |||
| 46:46:1.0.1.1.1.1.1.6 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.01 | Subpart 1.01—Organization and General Flow of Functions | § 1.01-30 Judicial review. | USCG | (a) Nothing in this chapter shall be construed to prohibit any party from seeking judicial review of any Commandant's decision or action taken pursuant to the regulations in this part or part 5 of this chapter with respect to suspension and revocation proceedings arising under 46 U.S.C. chapter 77. (b) If the person found guilty of any offense fails to make a timely appeal, the decision of the Administrative Law Judge is final and binding on the person charged as of the date that the decision is delivered to the person charged or his authorized representative. | ||||
| 46:46:1.0.1.1.1.1.1.7 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.01 | Subpart 1.01—Organization and General Flow of Functions | § 1.01-35 OMB control numbers assigned pursuant to the Paperwork Reduction Act. | USCG | [CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by USCG-2004-18884, 69 FR 58341, Sept. 30, 2004; USCG-2016-0315, 81 FR 43954, July 6, 2016] | (a) Purpose. This section collects and displays the control numbers assigned to information collection and record keeping requirements in this subchapter by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq. ). The Coast Guard intends that this section comply with the requirements of 44 U.S.C. 3507(f) which requires agencies display a current control number assigned by the Director of the OMB for each approved agency information collection requirement. (b) Display. | |||
| 46:46:1.0.1.1.1.2.1.1 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-10 Definition of terms used in this subpart. | USCG | (a) The term recognized classification society means the American Bureau of Shipping or other classification society recognized by the Commandant. (b) The term new vessel means: (1) For vessels which require a Certificate of Inspection, a new vessel is a vessel which has not received an initial Certificate of Inspection. (2) For vessels which do not require a Certificate of Inspection, a new vessel is a vessel which has not received a Load Line assignment. (c) The term existing vessel means a vessel which is not a new vessel. | ||||
| 46:46:1.0.1.1.1.2.1.10 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-55 Appeals from decisions or actions under subchapter M of this chapter. | USCG | [USCG-2006-24412, 81 FR 40100, June 20, 2016] | (a) Any person directly affected by a decision or action by a classification society or a third-party organization performing a survey under subchapter M of this chapter may, after requesting reconsideration of the decision or action by the classification society or third-party organization, make a formal appeal to the cognizant OCMI. (b) Any person directly affected by a decision or action by a classification society or a third-party organization performing an audit under subchapter M of this chapter may, after requesting reconsideration of the decision or action by the classification society or third-party organization, make a formal appeal to the District Commander of the district in which the audit was performed. (c) Any third-party organization or person from a third-party organization directly affected by a decision or action of the Coast Guard Towing Vessel National Center of Expertise (TVNCOE) may submit a formal appeal to Commandant (CG-CVC) for appeals of decisions by the TVNCOE related to subchapter M of this chapter. (d) Any person directly affected by a decision or action by an OCMI or District Commander may make a formal appeal pursuant to § 1.03-20 or § 1.03-25, respectively. | |||
| 46:46:1.0.1.1.1.2.1.2 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-15 General. | USCG | [CGD 88-033, 54 FR 50376, Dec. 6, 1989] | (a) Any person directly affected by a decision or action taken under this chapter or under chapter III of this title, by or on behalf of the Coast Guard, except for matters covered by subpart J of part 5 of this chapter dealing with suspension-and-revocation hearings, shall follow the procedures contained in this section when requesting that the decision or action be reviewed, set aside, or revised. (b) When requesting that a decision or action be reconsidered or reviewed, as may be required by this subpart, such request must be made within 30 days after the decision is rendered or the action is taken. (c) When making a formal appeal of a decision or action, as permitted by this subpart, such appeal must be submitted in writing and received by the authority to whom the appeal is required to be made within 30 days after the decision or action being appealed, or within 30 days after the last administrative action required by this subpart. Upon written request and for good cause, the 30 day time limit may be extended by the authority to whom the appeal is required to be made. (d) A formal appeal must contain a description of the decision or action being appealed and the appellant's reason(s) why the decision or action should be set aside or revised. (e) When considering an appeal, the Commandant or a District Commander may stay the effect of a decision or action being appealed pending determination of the appeal. (f) While a request for reconsideration or review or a formal appeal is pending, the original decision or action remains in effect, unless otherwise stayed under paragraph (e) of this section. (g) The Commandant may delegate authority to act on administrative appeals under this subpart to the Assistant Commandant for Prevention Policy (CG-5P), and appropriate office chiefs within Prevention Policy (CG-5P). (h) Formal appeals made to the Commandant must be addressed to: (1) Commandant (CG-CVC) for appeals involving vessel inspection issues, load line issues, and vessel manning issues; (2) Commandant… | |||
| 46:46:1.0.1.1.1.2.1.3 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-20 Appeals from decisions or actions of an OCMI. | USCG | [USCG-2006-24520, 71 FR 35818, June 22, 2006] | Any person directly affected by a decision or action of an OCMI may, after requesting reconsideration of the decision or action by the cognizant OCMI, make a formal appeal of that decision or action, via the office of the cognizant OCMI, to the District Commander of the district in which the office of the cognizant OCMI is located, or in the case of the Officer in Charge, Activities Europe, to the Atlantic Area Commander, in accordance with the procedures contained in § 1.03-15 of this subpart. | |||
| 46:46:1.0.1.1.1.2.1.4 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-25 Appeals from decisions or actions of a District Commander. | USCG | Any person directly affected by a decision or action of a District Commander made pursuant to § 1.03-20 of this subpart, may make a formal appeal of that decision or action, via the office of the cognizant District Commander, to the Commandant, in accordance with the procedures contained in § 1.03-15 of this subpart. | ||||
| 46:46:1.0.1.1.1.2.1.5 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-30 Appeals from decisions or actions of the Marine Safety Center. | USCG | [CGD 97-057, 62 FR 51040, Sept. 30, 1997, as amended by USCG-1998-4442, 63 FR 52188, Sept. 30, 1998] | (a) Any person directly affected by a decision or action of the Marine Safety Center involving tonnage measurement or which otherwise affects a new vessel or plans for a vessel to be built may, after requesting reconsideration of the decision or action by the Commanding Officer, Marine Safety Center, make a formal appeal, of that decision or action, via the Commanding Officer, Marine Safety Center, to the Commandant, in accordance with the procedures contained in § 1.03-15 of this subpart. (b) Any person directly affected by a decision or action of the Marine Safety Center not involving tonnage measurement but which otherwise affects an existing vessel, prior to initiating a formal appeal, must request review of that decision or action by the cognizant OCMI. Following review by the cognizant OCMI, the decision or action under review may be appealed to the District Commander, in accordance with the procedures contained in § 1.03-20 of this subpart. | |||
| 46:46:1.0.1.1.1.2.1.6 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-35 Appeals from decisions or actions of a recognized classification society acting on behalf of the Coast Guard. | USCG | [CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 97-057, 62 FR 51041, Sept. 30, 1997] | (a) Any person directly affected by a decision or action of a recognized classification society performing plan review, tonnage measurement, or load line assignment on behalf of the Coast Guard may, after requesting reconsideration of the decision or action by the classification society, make a formal appeal, via the classification society headquarters, to the Commandant, in accordance with the procedures contained in § 1.03-15 of this subpart. (b) Any person directly affected by a decision or action of a recognized classification society acting as a marine inspector, as defined in § 30.10-43 of this chapter, on behalf of the Coast Guard, prior to initiating a formal appeal, must request review of that decision or action by the cognizant OCMI. Following review by the cognizant OCMI, the decision or action under review may be appealed to the District Commander, in accordance with the procedures contained in § 1.03-20 of this subpart. | |||
| 46:46:1.0.1.1.1.2.1.7 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-40 Appeals from decisions or actions of the National Maritime Center. | USCG | [USCG-2006-25535, 71 FR 48482, Aug. 21, 2006. Redesignated by USCG-2006-25535, 72 FR 7930, Feb. 22, 2007; USCG-2008-0906, 73 FR 56507, Sept. 29, 2008; USCG-2013-0671, 78 FR 60144, Sept. 30, 2013; USCG-2004-17914, 78 FR 77882, Dec. 24, 2013; USCG-2016-0315, 81 FR 43954, July 6, 2016] | Any person directly affected by a decision or action of an officer or employee of the National Maritime Center (NMC) involving any of the marine safety functions listed in § 1.01-15(c) of this subpart may, after requesting reconsideration of the decision or action by the NMC, make a formal appeal of that decision or action to the Director of Commercial Regulations and Standards (CG-5PS), in accordance with the procedures contained in § 1.03-15 of this subpart. The decision of the Director of Commercial Regulations and Standards (CG-5PS), on such an appeal will constitute final agency action. | |||
| 46:46:1.0.1.1.1.2.1.8 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-45 Appeals from decisions or actions involving documentation of vessels. | USCG | [USCG-2006-25535, 72 FR 7930, Feb. 22, 2007, as amended by USCG-2008-0906, 73 FR 56507, Sept. 29, 2008; USCG-2013-0671, 78 FR 60144, Sept. 30, 2013] | Any person directly affected by a decision or action of an officer or employee of the Coast Guard acting on or in regard to the documentation of a vessel under part 67 or part 68 of this title, may make a formal appeal of that decision or action to the Director of Inspections and Compliance (CG-5PC), in accordance with the procedures contained in § 1.03-15 of this subpart. The decision of the Director of Inspections and Compliance (CG-5PC), on such an appeal will constitute final agency action. | |||
| 46:46:1.0.1.1.1.2.1.9 | 46 | Shipping | I | A | 1 | PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS | 1.03 | Subpart 1.03—Rights of Appeal | § 1.03-50 Appeals from decisions or actions of the Great Lakes Pilotage Division (CG-WWM-2). | USCG | [USCG-2003-15137, 68 FR 37093, June 23, 2003, as amended by USCG-2008-0906, 73 FR 56507, Sept. 29, 2008; USCG-2013-0671, 78 FR 60144, Sept. 30, 2013] | Any person directly affected by a decision or action of the Great Lakes Pilotage Division (CG-WWM-2), may make a formal appeal of that decision or action to Commandant (CG-5P), in accordance with the procedures contained in § 1.03-15 of this subpart. | |||
| 46:46:1.0.1.1.2.1.1.1 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.01 | Subpart 2.01—Inspecting and Certificating of Vessels | § 2.01-1 Applications for inspections. | USCG | [CG870FR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 79-023, 48 FR 51006, Nov. 4, 1983; CGD 91-030, 60 FR 13563, Mar. 13, 1995; CGD 97-057, 62 FR 51041, Sept. 30, 1997; CGD 95-028, 62 FR 51194, Sept. 30, 1997; USCG-2006-25556, 72 FR 36329, July 2, 2007] | (a) Application forms. (1) Applications for inspections of vessels required to be inspected under subtitle II, title 46 of the U.S. Code, title 46 and title 33 U.S. Code, or under 50 U.S.C. 198 shall be made by the master, owner, or agent on the following Coast Guard forms which are obtainable from the Officer in Charge, Marine Inspection, at any local U.S. Coast Guard Sector Office. (i) CG-3752—Application for Inspection of U.S. Vessel. (ii) CG-986—Application for Inspection of Foreign Vessel. (2) These applications require information on name and type of vessel, nature of employment and route in which to be operated, and place where and date when the vessel may be inspected. (b) To whom submitted. The completed form must be submitted to the Officer in Charge, Marine Inspection, in the Marine Inspection Zone within which the inspection is to be conducted. (c) New vessels. Applications for inspection of new vessels must be preceded by the submission of applicable drawings or prints in accordance with the specific requirements in subchapters D (Tank Vessels), E (Load Lines), F (Marine Engineering), H (Passenger Vessels), I (Cargo and Miscellaneous Vessels), J (Electrical Engineering), K (Small Passenger Vessels Carrying More Than 150 Passengers Or With Overnight Accommodations For More Than 49 Passengers), L (Offshore Supply Vessels), O (Certain Bulk Dangerous Cargoes), S (Subdivision and Stability), and T (Small Passenger Vessels) of this chapter applicable to that particular type of vessel or type of service in which the vessel is proposed to be operated. (d) Foreign-built vessels. (1) Those foreign-built vessels which are specifically authorized by public or private laws to engage in the coastwise trade, and those foreign-built vessels which are documented to engage in the foreign trade shall be inspected and certificated as required by law and/or the regulations in this chapter which are applicable to their class and employment. (2) Foreign-built vessels are not permitted to engage in the U.S. c… | |||
| 46:46:1.0.1.1.2.1.1.10 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.01 | Subpart 2.01—Inspecting and Certificating of Vessels | § 2.01-20 Suspension or revocation of certificates of inspection. | USCG | [CGD 95-028, 62 FR 51195, Sept. 30, 1997, as amended by USCG-1998-4442, 63 FR 52188, Sept. 30, 1998; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004] | Under the authority if 46 U.S.C. 3313 and 46 U.S.C. 3710, a certificate of inspection issued to a vessel may be suspended or revoked if a vessel is found not to comply with the terms of its certificate or fails to meet a standard required by this chapter. | |||
| 46:46:1.0.1.1.2.1.1.11 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.01 | Subpart 2.01—Inspecting and Certificating of Vessels | § 2.01-25 International Convention for Safety of Life at Sea, 1974. | USCG | [CGFR 65-50, 30 FR 16604, Dec. 30, 1965] | (a) Certificates required. (1) The International Convention for Safety of Life at Sea, 1974, requires one or more of the following certificates to be carried on board certain passenger, cargo or tankships engaged in international voyages: (i) Passenger Ship Safety Certificate. (ii) Cargo Ship Safety Construction Certificate. (iii) Cargo Ship Safety Equipment Certificate. (iv) Cargo Ship Safety Radio Certificate. (v) Nuclear Passenger Ship Safety Certificate. (vi) Nuclear Cargo Ship Safety Certificate. (vii) Safety Management Certificate. (viii) International Ship Security Certificate. (ix) High-Speed Craft Safety Certificate. (x) Polar Ship Certificate. (2) The U.S. Coast Guard will issue through the Officer In Charge, Marine Inspection, the following certificates after performing an inspection or safety management audit of the vessel's systems and determining the vessel meets the applicable requirements: (i) Passenger Ship Safety Certificate. (ii) Cargo Ship Safety Construction Certificate, except when issued to cargo ships by a Coast Guard recognized classification society at the option of the owner or agent. (iii) Cargo Ships Safety Equipment Certificate. (iv) Exemption Certificate. (v) Nuclear Passenger Ship Safety Certificate. (vi) Nuclear Cargo Ship Safety Certificate. (vii) Safety Management Certificate, except when issued by a recognized organization authorized by the Coast Guard. (viii) International Ship Security Certificate (ISSC). (ix) High-Speed Craft Safety Certificate. (x) Polar Ship Certificate. (3) When authorized by the Commandant, U.S. Coast Guard, an authorized classification society may issue international convention certificates as permitted under part 8, subpart C, of this title. (4) The Federal Communications Commission will issue the following certificates: (i) Cargo Ship Safety Radio Certificate. (ii) Exemption Certificate. (b) Applications. (1) The application for inspection and issuance of a certificate or certificates is made on the appropriate form liste… | |||
| 46:46:1.0.1.1.2.1.1.12 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.01 | Subpart 2.01—Inspecting and Certificating of Vessels | § 2.01-30 Delegation of OCMI signature authority. | USCG | [USCG-2009-0702, 74 FR 49223, Sept. 25, 2009] | The Officer in Charge, Marine Inspection, may redelegate signature authority for documents issued under this subpart to: one individual on his or her staff; and each Marine Safety Unit Commanding Officer within his or her Sector. | |||
| 46:46:1.0.1.1.2.1.1.13 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.01 | Subpart 2.01—Inspecting and Certificating of Vessels | § 2.01-40 Passengers or persons in addition to crew on cargo or tank vessels. | USCG | [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997] | (a) Under the authority of 46 U.S.C. 3304, a documented vessel transporting cargo may be allowed by its certificate of inspection to carry not more than 12 individuals in addition to the crew on international voyages and not more than 16 individuals in addition to the crew on other voyages. (b) The application for permission to carry persons in addition to the crew may be included in the application described in § 2.01-1. If granted it is endorsed on the certificate of inspection. | |||
| 46:46:1.0.1.1.2.1.1.14 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.01 | Subpart 2.01—Inspecting and Certificating of Vessels | § 2.01-45 Excursion permit. | USCG | [USCG-1999-5040, 67 FR 34767, May 15, 2002] | (a) Under 46 U.S.C. 2113, the Coast Guard may issue a permit to the owner, operator, or agent of a passenger vessel, allowing the vessel to engage in excursions that carry additional numbers of passengers, extend an existing route, or both. Details concerning the application process for excursion permits for inspected passenger vessels are contained in §§ 71.10, 115.204, or 176.204 of this chapter. Details concerning the application process for special permits for uninspected passenger vessels are contained in § 26.03-6 of this chapter. (b) For Marine Events of National Significance, as determined by the Commandant, U.S. Coast Guard, a vessel may be permitted to engage in these events while carrying passengers-for-hire for the duration of the event. Event sponsors must request this determination in writing from the Commandant (CG-54) at least 1 year prior to the event. Details concerning the application process for special permits for Marine Events of National Significance are contained in § 26.03-8 of this chapter. (c) The application for an excursion permit is made by the master, owner, or agent of the vessel to the Officer in Charge, Marine Inspection, on Coast Guard Form CG-950, Application for Excursion Permit. If, after inspection, permission is granted, it is given on Coast Guard form CG-949, Permission to Carry Excursion Party. The permit describes the vessel, the route over which and the period during which the excursions may be made, and the safety equipment required for the additional persons indicated. | |||
| 46:46:1.0.1.1.2.1.1.15 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.01 | Subpart 2.01—Inspecting and Certificating of Vessels | § 2.01-50 Persons other than crew on towing, oyster, or fishing steam vessels. | USCG | [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997] | (a) A steam vessel engaged in towing, oyster dredging and planting, and fishing may be permitted to carry persons in addition to its crew. (b) The application for a permit to carry such persons may be included in the application described in § 2.01-1. If granted it is endorsed on the certificate of inspection. | |||
| 46:46:1.0.1.1.2.1.1.16 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.01 | Subpart 2.01—Inspecting and Certificating of Vessels | § 2.01-60 Overtime compensation. | USCG | [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 97-057, 62 FR 51041, Sept. 30, 1997; USCG-2000-7790, 65 FR 58458, Sept. 29, 2000] | (a) General. Extra compensations for overtime services performed by inspectors of vessels and their assistants who may be required to remain on duty between the hours of 5:00 p.m. and 8:00 a.m. or on Sundays or holidays to perform services in connection with the inspection of vessels or their equipment, supplying or signing on or discharging crews of vessels is authorized by 46 U.S.C. 2111 and regulations in part 9 of this chapter, together with the method of computing such extra compensation. (b) Application and certification of time. Application for the performance of such overtime services and certification of services performed is made by the master, owner, or agent of a vessel to the Officer in Charge, Marine Inspection, on Form CG-830, Application for and Certificate of Overtime Service. (c) Collection. The bill for the collection of the overtime compensation is submitted by the Officer in Charge, Marine Inspection to the master, owner, or agent on whose vessel overtime services are performed on Form CG-832, Bill for Collection Overtime Services. Payment is made to the Collector of Customs of the port designated. | |||
| 46:46:1.0.1.1.2.1.1.17 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.01 | Subpart 2.01—Inspecting and Certificating of Vessels | § 2.01-70 Right of appeal. | USCG | [CGD 88-033, 54 FR 50379, Dec. 6, 1989] | Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter. | |||
| 46:46:1.0.1.1.2.1.1.18 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.01 | Subpart 2.01—Inspecting and Certificating of Vessels | § 2.01-80 Vessel inspections in Alaska. | USCG | (a) The waters of southeastern Alaska inside of the general trend of the shore from Cape Spencer, southeasterly to Cape Muzon, and thence easterly to Sitklan Island, shall be considered as bays, sounds, and lakes other than the Great Lakes, for the purpose of administering the vessel inspection laws and applicable regulations in this chapter. | ||||
| 46:46:1.0.1.1.2.1.1.2 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.01 | Subpart 2.01—Inspecting and Certificating of Vessels | § 2.01-3 Notification of inspection. | USCG | [CGD 85-015, 51 FR 19340, May 29, 1986, as amended by USCG-1999-4976, 65 FR 6498, Feb. 9, 2000; USCG-2006-25556, 72 FR 36329, July 2, 2007] | (a) At least 30 days prior to the expiration of the Certification of Inspection, a vessel's owner, charterer, managing operator, agent, master or individual in charge shall notify the Coast Guard if the vessel will be required to be reinspected for certification or will be operated in such a manner as to not require a Certificate of Inspection. (b) The notification required by paragraph (a) shall be in writing and shall be submitted to the Officer in Charge, Marine Inspection for the Marine Inspection or Sector Office of the port that: (1) Will be reinspecting and Certificating the Vessel; (2) Issued the vessel's current Certificate of Inspection if the vessel's schedule is such that it is not known where the next reinspection will take place; or (3) Issued the vessel's current Certificate of Inspection if the vessel will not be requiring reinspection for the issuance of a Certificate of Inspection. | |||
| 46:46:1.0.1.1.2.1.1.3 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.01 | Subpart 2.01—Inspecting and Certificating of Vessels | § 2.01-5 Certificate of inspection. | USCG | [CGD 77-014, 44 FR 5316, Jan. 25, 1979, as amended by USCG-1999-4976, 65 FR 6498, Feb. 9, 2000; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004; USCG-2010-0759, 75 FR 60000, Sept. 29, 2010] | (a) Issuance of certificates. Upon completion of the inspection of a United States vessel, and on condition that the vessel and its equipment are approved by the inspector, a certificate of one or more of the following Coast Guard forms is issued by the Officer in Charge, Marine Inspection: (1) CG-841—Certificate of Inspection. (2) CG-854—Temporary Certificate of Inspection. (b) Description of certificates. The certificates of inspection issued to United States vessels describe the vessel, the route the vessel may travel, the minimum manning requirements, the safety equipment and appliances required to be on board, the total number of persons that may be carried, and the names of the owners and operators. The period of validity is stated on the certificate. The certificate may be renewed by applying for inspection under § 2.01-1. (c) Amending certificates. When, because of a change in the character of the vessel or vessel's route, equipment, etc., the vessel does not comply with the requirements of the Certificate of Inspection previously issued, an amended certificate may be issued at the discretion of the Officer in Charge, Marine Inspection, to whom a request is made. | |||
| 46:46:1.0.1.1.2.1.1.4 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.01 | Subpart 2.01—Inspecting and Certificating of Vessels | § 2.01-6 Certificates issued to foreign vessels. | USCG | [USCG-2010-0759, 75 FR 60000, Sept. 29, 2010; USCG-2016-0880, 82 FR 44118, Sept. 21, 2017] | (a) Issuance of a Certificate of Compliance (COC). Foreign vessels of countries which are signatory to the International Convention for the Safety of Life at Sea, 1974, are issued a Certificate of Compliance (CG-3585) upon satisfactory completion of a compliance examination by the Officer in Charge, Marine Inspection: (1) A foreign passenger vessel that is registered in a country which is signatory to the International Convention for the Safety of Life at Sea, 1974, visits U.S. ports with U.S. citizens as passengers or embarks passengers in U.S. ports, holds a valid Passenger Ship Safety Certificate, and, if applicable, holds a valid Polar Ship Certificate; (2) A foreign vessel that is suitable for carriage of hazardous cargoes in bulk as defined in 46 CFR subchapter 0 and is in compliance with Tankship Cargo Venting and Handling Systems and Minimum Pollution Prevention Regulations and Transfer Procedures (33 CFR parts 155, 156, 157, and 159), and Navigation Safety Inspection Regulations (33 CFR part 164); (3) A foreign Mobile Offshore Drilling Unit that complies with standards listed in 33 CFR 143.207 and is engaged in U.S. Outer Continental Shelf activities; (4) A foreign vessel that is suitable for carriage of cargoes as defined in 46 CFR subchapter D and is in compliance with Tankship Cargo Venting and Handling Systems and Minimum Safety Standards (SOLAS 74—46 CFR part 35), Pollution Prevention Regulations and Transfer Procedures (33 CFR parts 155, 156, 157, and 159), and Navigation Safety Regulations (33 CFR part 164). (b) Foreign vessels of countries which are non-signatory to the International Convention for the Safety of Life at Sea, 1974, are issued a Temporary Certificate of Inspection (CG-854) and a Certificate of Inspection (CG-841), respectively, as described in § 2.01-5. Any amendments to these certificates shall be accomplished in accordance with § 2.01-5(c). (c) Description of COC. CG-3585 describes the vessel's particulars, type of vessel examined, type of certificate(s) required by the… | |||
| 46:46:1.0.1.1.2.1.1.5 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.01 | Subpart 2.01—Inspecting and Certificating of Vessels | § 2.01-7 Classes of vessels (including motorboats) examined or inspected and certificated. | USCG | [CGFR 65-50, 30 FR 16604, Dec. 30, 1965] | (a) The regulations in this chapter concerning inspecting and certificating vessels are applicable to vessels (including motorboats) either as indicated in the following table 2.01-7(a) or, if the vessel is a towing vessel, as provided in paragraph (b) of this section. Table 2.01-7 (a) Key to symbols used in this table: ≤means less than or equal to; >means greater than; <means less than; and ≥means greater than or equal to. Footnotes: 1 Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline. 2 Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W (Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171 through 179 apply whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law. 3 Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical Schools) of this chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels) and part 168 of subchapter R (Nautical Schools) of this chapter. 4 Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this chapter covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels less than 100 gross tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers. 5 Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of t… | |||
| 46:46:1.0.1.1.2.1.1.6 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.01 | Subpart 2.01—Inspecting and Certificating of Vessels | § 2.01-8 Application of regulations to vessels or tankships on an international voyage. | USCG | [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 90-008, 55 FR 30659, July 26, 1990; USCG-1999-4976, 65 FR 6499, Feb. 9, 2000] | (a) Where, in various places or portions in this chapter, requirements are stipulated specifically for vessels on an international voyage or tankships on an international voyage, it is intended that these requirements apply only to vessels or tankships, as applicable, which are subject to the International Convention for Safety of Life at Sea, 1974. (b) For details regarding application of Convention requirements to tankships, see § 30.01-6 of this chapter; to passenger vessels, see § 70.05-10 of this chapter; to cargo ships other than tankships, see § 90.05-10 of this chapter; and to small passenger vessels, see §§ 115.900 and 176.900 of this chapter. (E.O. 11239, 30 FR 9671, 3 CFR, 1965 Supp.). | |||
| 46:46:1.0.1.1.2.1.1.7 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.01 | Subpart 2.01—Inspecting and Certificating of Vessels | § 2.01-10 Inspection requirements—domestic vessels. | USCG | [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51194, Sept. 30, 1997; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004] | (a) If during the inspection of a vessel made at the request of the master, owner, or agent, the vessel or her equipment is found not to conform to the requirements of law or regulations in this chapter, the requirements which must be met will be listed on Form CG-835, Notice of Merchant Marine Inspection Requirements, and given to the master of the vessel. (b) The Coast Guard, on its own initiative, may examine or inspect or reinspect at any time any vessel subject to inspection under subtitle II, title 46 of the U.S. Code, title 46 and title 33 U.S. Code. If during such examination, inspection, or reinspection, any failure to comply with any applicable requirement of law and/or applicable regulations in this chapter, or any defects or imperfections become apparent tending to render the navigation of the vessel unsafe, or that repairs have become necessary, the Coast Guard will so notify the master and state what is required. | |||
| 46:46:1.0.1.1.2.1.1.8 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.01 | Subpart 2.01—Inspecting and Certificating of Vessels | § 2.01-13 Inspection requirements—foreign vessels. | USCG | [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 73-96, 42 FR 49022, Sept. 26, 1977; CGD 97-057, 62 FR 51041, Sept. 30, 1997] | (a) Foreign vessels registered in countries which are parties to the effective International Convention for Safety of Life at Sea are normally subject to the examination provided for in chapter I of that Convention. However, in the case of any vessel involving novel features of design or construction, upon which that Convention is silent or which involve potential unusual operating risks, a more extensive inspection may be required when considered necessary to safeguard the life or property in United States ports where such vessel may enter. In such a case, pertinent plans and/or calculations may be required to be submitted sufficiently in advance to permit evaluation before inspection. (b) Foreign vessels registered in countries which are not parties to the effective International Convention for Safety of Life at Sea, or foreign vessels registered in countries which are parties to the effective Convention but which vessels are exempted from part or all of the Convention, may under conditions specified in applicable inspection laws be subject to inspection and certification as specified in regulations governing specific categories of vessels. (c) For details concerning application of regulations to foreign vessels, see part 30 (Tank Vessels), part 70 (Passenger Vessels), part 90 (Cargo and Miscellaneous Vessels), § 147.1 (Dangerous Cargoes), part 148 (Bulk Solid Hazardous Materials), parts 153 and 154 (Certain Bulk Dangerous Cargoes), and part 175 (Small Passenger Vessels) of this chapter. | |||
| 46:46:1.0.1.1.2.1.1.9 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.01 | Subpart 2.01—Inspecting and Certificating of Vessels | § 2.01-15 Vessel repairs. | USCG | [CGFR 68-126, 34 FR 9010, June 5, 1969, as amended by CGD 73-96, 42 FR 49023, Sept. 26, 1977; CGD 79-023, 48 FR 51006, Nov. 4, 1983; CGD 97-057, 62 FR 51041, Sept. 30, 1997; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004] | (a) No repairs or alterations affecting the safety of the vessel or its machinery shall be made unless applicable requirements in this chapter are met. The procedures to be followed in notifying the Coast Guard about vessel repairs vary according to the type of vessel and service in which engaged. The requirements are set forth in the subchapter governing a particular class of vessels or in a subchapter governing a particular subject as follows: (1) For passenger vessels that are 100 gross tons or more, see §§ 71.55-1 and 71.60-1 of subchapter H (Passenger Vessels) of this chapter. (2) For small passenger vessels under 100 gross tons, see either § 176.700 of subchapter T (Small Passenger Vessels) or § 115.700 of subchapter K (Small Passenger Vessels Carrying More than 150 Passengers or with Overnight Accommodations for more than 49 Passengers) of this chapter. (3) For cargo and miscellaneous vessels, see §§ 91.45-1 and 91.50-1 of subchapter I (Cargo and Miscellaneous Vessels) of this chapter. (4) For tank vessels, see §§ 31.10-25 and 35.01-1 of subchapter D (Tank Vessels) of this chapter. (5) For public nautical schoolships, see §§ 167.30-1 and 167.30-10 of subchapter R (Nautical Schools) of this chapter. (6) For oceanographic vessels, see §§ 189.45-1 and 189.50-1 of subchapter U (Oceanographic Vessels) of this chapter. (7) For repairs to a vessel after it has been surveyed, see § 42.09-50 of subchapter E (Load Lines) of this chapter. (8) For repairs to boilers, pressure vessels, and appurtenances, see part 59 of subchapter F (Marine Engineering) of this chapter. (9) For repairs to electrical installations or equipment, see §§ 111.05-5(e), 111.05-10(e), and 111.90-5 of subchapter J (Electrical Engineering) of this chapter. (10) For vessels carrying compressed gases regulated by subchapter O (Certain Bulk Dangerous Cargoes), see § 151.50 30(c) of this chapter. (11) For repairs to a vessel that affects its subdivision or stability, see § 170.005 of this chapter. (b) If repairs to a vessel are necessary,… | |||
| 46:46:1.0.1.1.2.2.1.1 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.10 | Subpart 2.10—Fees | § 2.10-1 Applicability. | USCG | [CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 96-067, 62 FR 19232, Apr. 21, 1997; USCG-2010-0759, 75 FR 60001, Sept. 29, 2010; USCG-2013-0671, 78 FR 60144, Sept. 30, 2013] | (a) This subpart establishes inspection and examination fees for all owners or operators requesting certification, including those for vessels that are required to have a Certificate of Inspection and those required to have a Certificate of Compliance. (b) The fees in this subpart do not apply to: (1) Vessels being inspected for the initial issuance of a Certificate of Inspection; (2) Foreign passenger vessels; (3) Training vessels operated by State maritime academies; (4) Public vessels of the United States except for Maritime Administration vessels; and (5) Publicly owned ferries. | |||
| 46:46:1.0.1.1.2.2.1.10 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.10 | Subpart 2.10—Fees | § 2.10-125 Fees for examination of foreign tankships. | USCG | [CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by USCG-2010-0759, 75 FR 60001, Sept. 29, 2010] | Each foreign tankship of a country party to the International Convention for the Safety of Life at Sea, 1974 as amended, must pay: (a) For examination for the issuance of a Certificate of Compliance under § 2.01-6(a)(2)(i) of this part, or examination for the annual endorsement to a Certificate of Compliance, a fee of $1,100. (b) For examination for the issuance of a Tank Vessel Examination Letter under § 2.01-6(a)(3) of this part, a fee of $1,100. | |||
| 46:46:1.0.1.1.2.2.1.11 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.10 | Subpart 2.10—Fees | § 2.10-130 Fees for examination of foreign mobile offshore drilling units. | USCG | [CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by USCG-2010-0759, 75 FR 60001, Sept. 29, 2010] | Each foreign mobile offshore drilling unit must pay: (a) For examination for the issuance of a Certificate of Compliance indicating compliance with the design and equipment standards of either the documenting nation or the International Maritime Organization Code for Construction and Equipment of Mobile Offshore Drilling Units, a fee of $1,830. (b) For examination for the issuance of a Certificate of Compliance indicating compliance with the design and equipment standards of 46 CFR part 108, the inspection fee listed in table 2.10-101 of this subpart for the same type of mobile offshore drilling unit. | |||
| 46:46:1.0.1.1.2.2.1.12 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.10 | Subpart 2.10—Fees | § 2.10-135 Penalties. | USCG | [CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 96-052, 62 FR 16703, Apr. 8, 1997] | (a) A vessel owner or operator who fails to pay a fee or charge established under this subpart is liable to the United States Government for a civil penalty. (b) In addition to the fees established in this subpart, the Coast Guard may recover collection and enforcement costs associated with delinquent payments of, or failure to pay, a fee. Coast Guard inspection and examination services may also be withheld pending payment of outstanding fees owed to the Coast Guard for inspection and examination services provided. (c) Each District Commander or Officer in Charge Marine Inspection may request the Secretary of the Treasury, or the authorized representative thereof, to withhold or revoke the clearance required by 46 U.S.C. app. 91 of a vessel for which a fee or charge established under this part has not been paid or until a bond is posted for the payment. | |||
| 46:46:1.0.1.1.2.2.1.2 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.10 | Subpart 2.10—Fees | § 2.10-5 Exemptions. | USCG | [CGD 96-067, 62 FR 19232, Apr. 21, 1997, as amended by CGD 96-067, 63 FR 59474, Nov. 4, 1998; USCG-2010-0759, 75 FR 60001, Sept. 29, 2010] | (a) Vessels owned or operated by a non-profit organization may be exempted from payment of the fees required by this subpart, only if the vessel is used exclusively for one or more of the following: (1) Training youth in boating, seamanship, or navigation skills; (2) Educating youth in a course of marine environmental studies; (3) Providing excursions for persons with disabilities as defined under the Americans with Disabilities Act (ADA) [42 U.S.C. 12102(2)]; or (4) Providing medical services. (b) Vessels owned or operated by the Federal government or the government of any State or political subdivision thereunder may be exempted from the fees required by this subpart provided the vessel is used exclusively for one or more of the purposes listed in paragraph (a) of this section. (c) The term used exclusively in paragraphs (a) and (b) of this section does not preclude: (1) The carriage of adult volunteers or crew, or (2) The vessel's use for fundraising activities without regard to the age of the participants aboard the vessel, provided revenues raised are for the operation and maintenance of the vessel and that such fundraising activities do not exceed one day of fundraising for each month of the vessel's operating season. (d) Vessel owners or operators may submit a written request for exemption to the Officer in Charge, Marine Inspection, of the Marine Inspection Zone in which the vessel normally operates. The exemption request must provide the vessel name, the vessel identification number, and evidence that the organization and the vessel meet the criteria set forth in this section. The Officer in Charge, Marine Inspection will endorse and forward the request to Commandant (CG-DCO-83) for decision. | |||
| 46:46:1.0.1.1.2.2.1.3 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.10 | Subpart 2.10—Fees | § 2.10-10 Waivers. | USCG | [CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 1996; USCG-2010-0759, 75 FR 60001, Sept. 29, 2010] | The Commandant (CG-DCO-83) will waive collection of vessel inspection fees in this subpart for a Federally-owned or operated vessel if the fee would be directly paid by an agency acting as the vessel owner using Federal appropriated funds. By October 1 of each year, Federal agencies shall provide Commandant (CG-DCO-83) with a list of the names and vessel identification numbers of vessels for which a fee waiver is requested. | |||
| 46:46:1.0.1.1.2.2.1.4 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.10 | Subpart 2.10—Fees | § 2.10-20 General requirements. | USCG | [CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 1996; USCG-2010-0759, 75 FR 60001, Sept. 29, 2010; USCG-2011-0618, 76 FR 60753, Sept. 30, 2011; USCG-2012-0832, 77 FR 59773, Oct. 1, 2012; USCG-2018-0874, 84 FR 30881, June 28, 2019] | (a) Unless otherwise specified, vessel owners must pay the fees required by this subpart before inspection or examination services are provided. (b) Fees required by this subpart must be paid in U.S. currency by check or money order, drawn on a U.S. bank, and made payable to the U.S. Treasury. Payment may also be made by credit card or wire transfer. (c) All payments must be accompanied by the vessel name and its vessel identification number. (d) Unless otherwise specified or if payment is made through www.pay.gov, fees required by this subpart must be submitted using one of the following methods: (1) For COI and COC Inspections: (i) For payment by credit card, online through www.pay.gov, or U.S. Coast Guard Finance Center (OGR), 1430A Kristina Way, Chesapeake, VA 23326. (ii) For payment by check, made payable to U.S. Treasury, with delivery by postal service, USCG Vessel Inspections Fees, P.O. Box 979118, St. Louis, MO 63197-9000. (iii) For payment by check, made payable to U.S. Treasury, with delivery by overnight courier, USCG Vessel Inspection Fees, Lockbox No. 979118, U.S. Bank Government Lockbox, 1005 Convention Plaza, ATTN: GOVERNMENT LOCKBOX, SL-MOC1 GL, St. Louis, MO 63101. (2) For Overseas Inspection Fees: (i) For payment by credit card, U.S. Coast Guard Finance Center (OGR), 1430A Kristina Way, Chesapeake, VA 23326. (ii) For payment by check, made payable to U.S. Treasury, with delivery by postal service, USCG User Fees, P.O. Box 979125, St. Louis, MO 63197-9000. (iii) For payment by check, made payable to U.S. Treasury, with delivery by overnight courier, USCG User Fees, Lockbox No. 979125, U.S. Bank Government Lockbox, 1005 Convention Plaza, ATTN: GOVERNMENT LOCKBOX, SL-MOC1 GL, St. Louis, MO 63101. (e) For purposes of this subpart, the address for Commandant (CG-DCO-83), Attn: Office of Budget Execution, U.S. Coast Guard Stop 7318, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7318. (f) Information concerning a vessel's user fee anniversary date may be obtained from a… | |||
| 46:46:1.0.1.1.2.2.1.5 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.10 | Subpart 2.10—Fees | § 2.10-25 Definitions. | USCG | [CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 96-067, 62 FR 19232, Apr. 21, 1997; CGD 97-057, 62 FR 51041, Sept. 30, 1997; CGD 96-067, 63 FR 59474, Nov. 4, 1998; USCG 2008-1107; 74 FR 63628, Dec. 4, 2009; USCG-2012-0208, 79 FR 48924, Aug. 18, 2014; USCG-2006-24412, 81 FR 40100, June 20, 2016; USCG-2018-0538, 88 FR 89607, Dec. 28, 2023] | The following definitions apply to this subpart: Alternative Compliance Program option means the option described in 46 CFR part 8, subpart D. Annual vessel inspection fee means the fee charged for inspection and related services provided by the Coast Guard to determine whether a vessel meets the requirements to maintain its Certificate of Inspection. Coast Guard option means an option used by— (1) A vessel inspected under a 46 CFR subchapter that is not participating in the Alternative Compliance Program described in 46 CFR part 8, subpart D; (2) A vessel inspected under a 46 CFR subchapter that is not participating in the Streamlined Inspection Program described in 46 CFR part 8, subpart E; or (3) A vessel inspected under 46 CFR subchapter M that is not participating in the Towing Safety Management System option described in 46 CFR part 138. Drill ship MODU means a mobile offshore drilling unit with a ship shape displacement hull intended for operation in the floating condition. Ferry means a vessel that is used on a regular schedule— (1) To provide transportation only between places that are not more than 300 miles apart; and (2) To transport only— (i) Passengers; or (ii) Vehicles, or railroad cars, that are being used, or have been used, in transporting passengers or goods. Freight barge means a non-self-propelled vessel carrying freight for hire. Freight ship means a self-propelled freight vessel. Freight vessel means a motor vessel of more than 15 gross tons that carries freight for hire, except an oceanographic research vessel or an offshore supply vessel. Industrial vessel means a vessel which, by reason of its special outfit, purpose, design, or function engages in certain industrial ventures. For the purposes of this subpart, this classification includes such vessels as dredges, cable layers, derrick barges, and construction and wrecking barges, but does not include vessels which carry passengers or freight for hire, OSVs, oceanographic research vessels, or vessels engaged in th… | |||
| 46:46:1.0.1.1.2.2.1.6 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.10 | Subpart 2.10—Fees | § 2.10-101 Annual vessel inspection fee. | USCG | [CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 96-067, 62 FR 19232, Apr. 21, 1997; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004; USCG-2010-0759, 75 FR 60001, Sept. 29, 2010; USCG-2018-0538, 88 FR 89608, Dec. 28, 2023] | (a)(1) Unless otherwise provided by this subpart, each vessel required to have a Certificate of Inspection is subject to the annual vessel inspection fee listed in table 2.10-101 for its vessel category. (2) A vessel certificated for more than one service must pay only the higher of the two applicable fees in table 2.10-101 of this section. (b) The vessel owner or operator must pay the annual vessel inspection fee each year on or before the vessel's user fee anniversary date, unless the fee has been prepaid under § 2.10-105 of this subpart. (c) Payment of the annual vessel inspection fee entitles a vessel to all inspection services related to compliance with its Certificate of Inspection, including but not limited to the inspection for renewal of the Certificate of Inspection, reinspections (annual and periodic inspections), hull (drydock) inspections, deficiency inspections, damage surveys, repair and modification inspections, change in vessel service inspections, permit to proceed inspections, drydock extension inspections, and all inspections required for the issuance of international certificates. (d) Entitlement to inspection services for the current year remains with the vessel if it is sold. The entitlement to inspection services may not be transferred to any other vessel. Table 2.10-101—Annual Vessel Inspection Fees for U.S. and Foreign Vessels Requiring a Certificate of Inspection * Note: Eligibility for the reduced annual vessel inspection fee for Offshore Supply Vessels is contingent upon the vessel's continued acceptance in the alternative reinspection program by the cognizant Officer in Charge, Marine Inspection. | |||
| 46:46:1.0.1.1.2.2.1.7 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.10 | Subpart 2.10—Fees | § 2.10-105 Prepayment of annual vessel inspection fees. | USCG | [CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 1996; USCG-1999-6216, 64 FR 53223, Oct. 1, 1999; USCG-2010-0759, 75 FR 60001, Sept. 29, 2010] | (a) Vessel owners may prepay the annual vessel inspection fee for any period of not less than three years, and not more than the design life or remaining expected service life of the vessel. (b) To prepay the annual vessel inspection fee for a period of three or more years, the owner must submit a written request to Commandant (CG-DCO-83) specifying the vessel identification number and the period for which prepayment is to be made. (c) The total of the annual fees for the requested prepayment period will be discounted to its net present value using the following formula: Where: PV is the Present Value of the series of annual user fees to be prepaid (the net amount to be prepaid) R O is the published user fee of the vessel i is the interest rate for 10-year Treasury notes at the time of prepayment calculation π is the rate of inflation (based on projected military personnel costs at the time of prepayment calculation) n is the total number of years to be prepaid t is the number of years after prepayment of the fee, for each annual increment (t = 0, 1, 2, 3 ... n) Where: PV is the Present Value of the series of annual user fees to be prepaid (the net amount to be prepaid) R O is the published user fee of the vessel i is the interest rate for 10-year Treasury notes at the time of prepayment calculation π is the rate of inflation (based on projected military personnel costs at the time of prepayment calculation) n is the total number of years to be prepaid t is the number of years after prepayment of the fee, for each annual increment (t = 0, 1, 2, 3 ... n) (d) When the annual vessel inspection fee has been prepaid, the entitlement to inspection services for the prepayment period attaches to the vessel and remains with the vessel if it is sold. The entitlement to inspection services may not be transferred to any other vessel. (e) If a vessel is removed from Coast Guard certification and the vessel owner surrenders the vessel's Certificate of Inspection, the owner may request a ref… | |||
| 46:46:1.0.1.1.2.2.1.8 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.10 | Subpart 2.10—Fees | § 2.10-115 Changes in vessel service. | USCG | [CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 1996; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004 ; USCG-2010-0759, 75 FR 60000, Sept. 29, 2010] | (a) If a vessel certificated for a single service, changes service, the annual vessel inspection fee is not adjusted during the year in which a change in service occurs. The annual vessel inspection fee for the new vessel category is payable on the vessel's user fee anniversary date immediately following the date of the change in service. (b) If a change in service occurs and the annual vessel inspection fee has been prepaid, Commandant (CG-DCO-83) will recalculate the prepayment amount based on the new vessel category and advise the owner of available prepayment options. | |||
| 46:46:1.0.1.1.2.2.1.9 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.10 | Subpart 2.10—Fees | § 2.10-120 Overseas inspection and examination fees. | USCG | [CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by USCG-2013-0671, 78 FR 60144, Sept. 30, 2013] | (a) In addition to any other fee required by this subpart, an overseas inspection and examination fee of $4,585 must be paid for each vessel inspection and examination conducted outside the United States and its territories. This fee does not apply to vessel inspections and examinations conducted in Canada, Mexico, or the British Virgin Islands. (b) The overseas inspection and examination fee for each vessel must be received before an overseas inspection or examination is conducted. | |||
| 46:46:1.0.1.1.2.3.1.1 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.20 | Subpart 2.20—Reports and Forms | § 2.20-40 Chief engineer's reports. | USCG | [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGFR 68-82, 33 FR 18804, Dec. 18, 1968; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004] | (a) Repairs to boilers and pressure vessels. The chief engineer is required to report any repairs to boilers or unfired pressure vessels in accordance with §§ 33.25-5, 78.33-1, and 97.30-1 of this chapter. (b) The chief engineer of any vessel is required to report any accident to a boiler, unfired pressure vessel, or machinery tending to render the further use of the item unsafe until repairs are made by §§ 35.25-5, 78.33-5, and 97.30-5 of this chapter. (c) When fusible plugs in boilers are renewed at a time other than the inspection for certification and there is no marine inspector in attendance at the renewal, the chief engineer must report the renewal of the fusible plugs by letter to the OCMI who issued the certificate of inspection. This letter report must contain the following information: (1) Name and official number of vessel. (2) Date of renewal of fusible plugs. (3) Number and location of fusible plugs renewed in each boiler. (4) Manufacturer and heat number of each plug. (5) Reason for renewal. | |||
| 46:46:1.0.1.1.2.3.1.2 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.20 | Subpart 2.20—Reports and Forms | § 2.20-50 Repairs or alterations in lifesaving or fire prevention equipment. | USCG | [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 97-057, 62 FR 51041, Sept. 30, 1997; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004] | No repairs or alterations shall be made to any lifesaving or fire-detecting or fire-extinguishing equipment, except in an emergency, without advance notice to the Officer in Charge, Marine Inspection. See §§ 78.33-10 and 97.30-10 of this chapter. | |||
| 46:46:1.0.1.1.2.4.1.1 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.45 | Subpart 2.45—Classification Society Activities | § 2.45-1 Definitions. | USCG | The following definitions apply to this subpart: Administration means the Government of the State whose flag the ship is entitled to fly. Classification society means an organization that, at a minimum, verifies that a vessel meets requirements embodying the technical rules, regulations, standards, guidelines and associated surveys, and inspections covering the design, construction, and/or through life compliance of a ship's structure and essential engineering and electrical systems. Recognized Organization (RO) means an organization authorized to act on behalf of an Administration. Regional port state control secretariat means an organization established to collect and maintain port state control inspection data in addition to other functions under a regional agreement among countries. | ||||
| 46:46:1.0.1.1.2.4.1.2 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.45 | Subpart 2.45—Classification Society Activities | § 2.45-5 Incorporation by reference. | USCG | (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection at 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, and is available from the sources indicated in this section. (b) International Maritime Organization, 4 Albert Embankment, London SE1 7SR, U.K. + 44 (0)20 7735 7611, http://www.imo.org/. (1) IMO Resolution A.739(18), Guidelines for the Authorization of Organizations Acting on Behalf of the Administration, adopted 4 November 1993, incorporation by reference approved for § 2.45-15. (2) [Reserved] | ||||
| 46:46:1.0.1.1.2.4.1.3 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.45 | Subpart 2.45—Classification Society Activities | § 2.45-10 General. | USCG | (a) A classification society (including an employee or agent of that society) must not review, examine, survey, or certify the construction, repair, or alteration of a vessel in the United States unless it is approved under the provisions of this subpart. (b) This subpart applies to a recognized organization that meets the definition of a classification society provided in § 2.45-1 of this subpart. | ||||
| 46:46:1.0.1.1.2.4.1.4 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.45 | Subpart 2.45—Classification Society Activities | § 2.45-15 Approval requirements. | USCG | (a) A classification society may be approved for purpose of § 2.45-10 if the following conditions are met: (1) Vessels surveyed by the classification society must have a worldwide port state control detention rate of less than 2 percent based on the number of Recognized Organization (RO)-related detentions divided by the number of vessel inspections for at least 40 port state control inspections for the past 3 years; (2) The classification society must not be identified in the most recent publication of “Port State Control in the United States” as a Priority I and as having more than one RO-related detention for the past 3 years; (3) The classification society must comply with the minimum standards for an RO recommended in IMO Resolution A.739(18), Appendix 1 (incorporated by reference, see § 2.45-5.); (4) The classification society must be an RO for at least one country under a formal written agreement that includes all of the elements described in IMO Resolution A.739(18), Appendix 2 (incorporated by reference, see § 2.45-5.); (5) The referenced country that is cited for satisfaction of the requirement of paragraph (a)(4) of this section for which the classification society is an RO— (i) Must be signatory to each of the following: The International Safety of Life at Sea Convention (SOLAS), the International Convention on the Prevention of Pollution from Ships (MARPOL 73/78), the International Convention on Load Lines (ICLL), 1966, and the Protocol of 1988 relating to the ICLL, 1966; and (ii) Must not be identified as a flag state targeted for additional port state control action by the Coast Guard or any regional port state control secretariat. (6) The classification society must use a system to— (i) Make its safety records and those of persons acting on behalf of the classification society available to the Coast Guard in electronic format; (ii) Provide its safety records and those of persons acting on behalf of the classification society to another classification society that requests those records f… | ||||
| 46:46:1.0.1.1.2.4.1.5 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.45 | Subpart 2.45—Classification Society Activities | § 2.45-20 Probation, suspension, and revocation. | USCG | (a) A classification society approved for the purpose of this subpart must maintain the minimum requirements for approval set forth in § 2.45-15. (b) If an approved classification society fails to maintain compliance with paragraph (a) of this section, the Coast Guard may place the classification society approval on probation, or suspend or revoke the classification society's approval, as appropriate. (c) Probation. A classification society on probation is approved for the purpose of this subpart. The probation continues until the next review of the classification society's compliance with paragraph (a) of this section. (1) If the review shows that compliance with paragraph (a) of this section is achieved, the probation may end. (2) If the review shows significant improvement but compliance with paragraph (a) of this section is not achieved, the probation may be extended. (3) If the review does not show significant improvement, and compliance with paragraph (a) of this section is not achieved, the approval may be suspended. (d) Suspension. A classification society whose approval is suspended is not approved for the purpose of this subpart. Suspension will continue until the next review of the classification society's compliance with paragraph (a) of this section. (1) If the review shows compliance with paragraph (a) of this section, the classification society's approval may be restored. (2) If the review shows significant improvement toward compliance with paragraph (a) of this section, the suspension may be extended. (3) If the review does not show significant improvement and compliance with paragraph (a) of this section, the classification society's approval may be revoked. (e) Revocation. A classification society whose approval is revoked is not approved for the purpose of this subpart. The classification society may reapply for approval when the requirements of § 2.45-15 are met. (f) The Coast Guard's Office of Design and Engineering Standards (CG-ENG) administers probations, suspensions, and… | ||||
| 46:46:1.0.1.1.2.4.1.6 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.45 | Subpart 2.45—Classification Society Activities | § 2.45-25 Application for approval. | USCG | (a) An application for approval must be made in writing and in the English language to 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. (b) The application must— (1) Indicate the type of work the classification society intends to perform on vessels in the United States; (2) Include documentation demonstrating that the classification society complies with § 2.45-15; (3) Contain a list of the vessels surveyed by the classification society over the previous 3 calendar years. The list must include vessel names, flags, and IMO numbers, as well as initial vessel inspections and detentions; and (4) Provide a summary of the safety records of vessels the classification society surveys for each of the previous 3 calendar years, including initial vessel inspections and detentions for all data contained in regional port state control Memoranda of Understanding (MOU) and other port state control data sources, including the U.S. Coast Guard. (c) An application submitted in accordance with 46 CFR part 8, subpart B satisfies the application requirements of paragraph (a) of this section, provided the applicant: (1) Has been notified in writing by the Commandant that it met the criteria to be a recognized classification society, and its recognized status has not been revoked, under 46 CFR part 8, subpart B; (2) Submits in writing and in the English language to the address in paragraph (a) of this section a statement that the applicant is applying for approval under this subpart; and (3) Certifies in the submission under paragraph (c)(2) of this section that the information in the application submitted under 46 CFR part 8, subpart B remains valid. | ||||
| 46:46:1.0.1.1.2.4.1.7 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.45 | Subpart 2.45—Classification Society Activities | § 2.45-30 Penalties. | USCG | The owner, charterer, managing operator, agent, master, or individual in charge of a vessel that employs a classification society to review, examine, survey, or certify the construction, repair, or alteration of a vessel in the United States is subject to civil penalties in accordance with Title 46 U.S.C. 3318 if the classification society is not approved by the Coast Guard under this subpart. | ||||
| 46:46:1.0.1.1.2.5.1.1 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.50 | Subpart 2.50—Penalties | § 2.50-1 Penalty procedures. | USCG | [CGD 96-052, 62 FR 16703, Apr. 8, 1997] | Civil and criminal penalty procedures appear in 33 CFR part 1. Civil monetary penalty amounts are set forth in 33 CFR part 27. | |||
| 46:46:1.0.1.1.2.6.1.1 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.75 | Subpart 2.75—Approvals of Safety Equipment, Materials and Installations, and Qualifications for Construction Personnel | § 2.75-1 Approvals. | USCG | [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 82-063b, 48 FR 4781, Feb. 3, 1983; CGD 88-070, 53 FR 34533, Sept. 7, 1988; CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 93-055, 61 FR 13927, Mar. 28, 1996; CGD 96-041, 61 FR 50725, Sept. 27, 1996; CGD 97-057, 62 FR 51041, Sept. 30, 1997; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004; USCG-2010-0759, 75 FR 60001, Sept. 29, 2010] | (a) Certain navigation and vessel inspection laws, or regulations in this chapter or in 33 CFR chapter I, require the Commandant's approval before specific types of safety equipment, materials, or installations may be installed or used on vessels subject to Coast Guard inspection, or on other described vessels, motorboats, artificial islands, and fixed structures. (b) The Commandant's approvals are issued to persons, partnerships, companies, or corporations who offer for sale specific items of safety equipment, materials, or installations, or intend them for their own or others' use. These approvals are intended to provide a control over the quality of such approved items. The Commandant's approvals apply only to those items constructed or installed in accordance with applicable requirements, and the details as described in the documents granting specific approval. If a specific item when manufactured does not comply with these details, then it is not considered to be approved and the approval issued does not apply to such modified item. For example, if an item is manufactured with changes in design or material not previously approved, the approval does not apply to such modified item. The failure to comply with applicable requirements and details specified in the approval subjects the holder to immediate suspension of approval as described in § 2.75-40, and if necessary, to a public hearing seeking withdrawal of approval and removal of all such items from use or installation as provided in § 2.75-50. (c) The Commandant's approvals are issued to qualified holders in the form of certificates of approval (Form CGHQ-10030), by appropriate description and identification in documents filed with the Office of the Federal Register and published in the Federal Register, or by letters, or by appropriate markings on drawings, plans, etc. Under the direction of the Commandant, the Deputy for Operations Policy and Capabilities (CG-DCO-D) is delegated the authority to exercise the necessary actions relating to the grantin… | |||
| 46:46:1.0.1.1.2.6.1.2 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.75 | Subpart 2.75—Approvals of Safety Equipment, Materials and Installations, and Qualifications for Construction Personnel | § 2.75-5 Certificates of approval. | USCG | [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 82-063b, 48 FR 4781, Feb. 3, 1983; CGD 88-070, 53 FR 34533, Sept. 7, 1988; CGD 96-041, 61 FR 50725, Sept. 27, 1996; CGD 97-057, 62 FR 51041, Sept. 30, 1997; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004] | (a) The Deputy for Operations Policy and Capabilities (CG-DCO-D) or his delegate, will issue a certificate of approval to the manufacturer or party named therein and certify that such manufacturer or party has submitted satisfactory evidence that the item described therein complies with the applicable laws and regulations, which are outlined on the reverse side of the certificate. (b) The approval shall be in effect for a period of 5 years from the date on the certificate of approval unless canceled or suspended by proper authority, or otherwise specifically stated in the certificate. | |||
| 46:46:1.0.1.1.2.6.1.3 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.75 | Subpart 2.75—Approvals of Safety Equipment, Materials and Installations, and Qualifications for Construction Personnel | § 2.75-10 Procedures for obtaining approvals. | USCG | [CGD 76-048, 44 FR 73043, Dec. 17, 1979, as amended by CGD 82-063b, 48 FR 4781, Feb. 3, 1983; CGD 88-070, 53 FR 34533, Sept. 7, 1988; CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 1996; USCG-2020-0519, 89 FR 76695, Sept. 18, 2024] | (a) The requirements for obtaining approvals of items covered by specifications and bearing official Coast Guard approval numbers are set forth in parts 159 through 164 of this chapter. For other items, the requirements are described in the regulations governing such items. (b) Unless otherwise specified, correspondence concerning approvals should be submitted electronically to typeapproval@uscg.mil. When plans, drawings, test data, etc., are required to be submitted by the manufacturer, the material being transmitted with the application should be clearly identified. (c) If the manufacturer requests that hard copy stamped plans be returned to them, or if product samples must be submitted, the plans or samples must be addressed to the Commandant (CG-ENG), Attn: Office of Design and Engineering Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509. When submitted, hard copy plans must be accompanied by electronic drawings or must be submitted in triplicate. | |||
| 46:46:1.0.1.1.2.6.1.4 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.75 | Subpart 2.75—Approvals of Safety Equipment, Materials and Installations, and Qualifications for Construction Personnel | § 2.75-15 Requirements and tests. | USCG | [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 82-063b, 48 FR 4781, Feb. 3, 1983; CGD 88-070, 53 FR 34533, Sept. 7, 1988; CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 1996] | (a) Approved items described in certificates of approval are usually required to meet specific requirements and/or tests, prior to obtaining the approval. Additional factory tests to determine that proper uniformity and quality controls are followed during the manufacture of the specific items may be required. These requirements governing the manufacturer in particular are set forth in the regulations in this chapter or in specifications, copies of which may be obtained from the Commandant (CG-ENG). If the requirements are met, a certificate of approval will be issued. (b) When the specific item described in an application, together with accompanying drawings, plans, etc., does not meet applicable requirements or fails to meet specified tests, the applicant will be notified accordingly. The Coast Guard may suggest changes in order for the item to qualify and permit the issuance of an approval. (c) For items not covered by specification requirements in parts 160 to 164, inclusive (subchapter Q—Specifications) of this chapter, the requirements in the navigation and vessel inspection laws, and applicable regulations in this chapter or in 33 CFR chapter I apply and shall be met before approvals may be issued. | |||
| 46:46:1.0.1.1.2.6.1.5 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.75 | Subpart 2.75—Approvals of Safety Equipment, Materials and Installations, and Qualifications for Construction Personnel | § 2.75-25 Portable fire extinguishers. | USCG | [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 82-063b, 48 FR 4781, Feb. 3, 1983; USCG-2015-0867, 80 FR 62469, Oct. 16, 2015] | (a) The portable fire extinguishers listed and labeled as marine type by a recognized laboratory, as provided in subpart 162.028 of part 162 of subchapter Q (Specifications) of this chapter, will be accepted as approved for use on merchant vessels, motorboats, etc., whenever required by the regulations in this chapter, and for use on artificial islands and fixed structures on the Outer Continental Shelf whenever required by the regulations in 33 CFR parts 140 to 146, inclusive. (b) The procedures for manufacturers to follow and the requirements governing portable fire extinguishers to qualify being listed and labeled as marine type by a recognized laboratory are set forth in subpart 162.028 of part 162 of subchapter Q (Specifications) of this chapter. (c) The procedures for a laboratory to qualify as a recognized laboratory and to be listed in § 162.028-5 of subchapter Q (Specifications) of this chapter are as follows: (1) The laboratory shall submit an informal application in writing on its usual letterhead paper to the Commandant (CG-5PS), Attn: Director of Commercial Regulations, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509, requesting recognition and listing, as a recognized laboratory. (2) Accompanying the informal application, as identified enclosures, shall be: (i) A certification that it is a laboratory which has been and is regularly engaged in the examination, testing, and evaluation of portable fire extinguishers. (ii) A certification that it has an established factory inspection, listing, and labeling program, together with a complete description of it and how it works. (iii) A description of its facilities used in the examination, testing, and evaluation of portable fire extinguishers, together with its name (if different from that of submitter), and location (city, street, and state). (iv) A list of the names and home and office addresses of its principal officers and its managing directors (if any). (v) A description of its special sta… | |||
| 46:46:1.0.1.1.2.6.1.6 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.75 | Subpart 2.75—Approvals of Safety Equipment, Materials and Installations, and Qualifications for Construction Personnel | § 2.75-40 Suspension of approval. | USCG | (a) Whenever it is determined that a specific item is not in compliance with the applicable laws, rules, and regulations, and the requirements specified in the approval issued by the Coast Guard, the District Commander or the Officer in Charge, Marine Inspection, will immediately notify the holder of the approval wherein the specific item fails to meet applicable requirements. If the defects, deficiencies or variations in the item are deemed important, such officer is authorized and may immediately suspend the approval, may require the holder to surrender the certificate of approval (if any), and may direct the holder to cease claiming the defective items are Coast Guard approved, pending a final decision from the Commandant in the matter. (b) The procedures for appealing the temporary suspension shall be those described in § 2.01-70. | ||||
| 46:46:1.0.1.1.2.6.1.7 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.75 | Subpart 2.75—Approvals of Safety Equipment, Materials and Installations, and Qualifications for Construction Personnel | § 2.75-50 Withdrawals or terminations of approvals and appeals. | USCG | [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 93-055, 61 FR 13927, Mar. 28, 1996; CGD 96-041, 61 FR 50725, Sept. 27, 1996; CGD 97-057, 62 FR 51041, Sept. 30, 1997; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004] | (a) The Commandant may withdraw approval for any item which is found not to be in compliance with the conditions of approval, found to be unsuitable for its intended purpose, or does not meet the requirements of applicable regulations. (b) Approvals of equipment are terminated when the manufacturer is no longer in business, or when the item is no longer being manufactured, or when the approval expires. (c) Any person directly affected by a decision to deny, withdraw, or terminate an approval may appeal the decision to Director of Commercial Regulations & Standards (CG-5PS) as provided in § 1.03-15 of this chapter. | |||
| 46:46:1.0.1.1.2.6.1.8 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.75 | Subpart 2.75—Approvals of Safety Equipment, Materials and Installations, and Qualifications for Construction Personnel | § 2.75-60 Hazardous ships' stores. | USCG | [CGD 84-044, 53 FR 7748, Mar. 10, 1988] | Hazardous ships' stores, as defined in § 147.3 of this chapter, must not be brought on board or used on any vessel unless they meet the requirements of part 147 of this chapter. | |||
| 46:46:1.0.1.1.2.6.1.9 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.75 | Subpart 2.75—Approvals of Safety Equipment, Materials and Installations, and Qualifications for Construction Personnel | § 2.75-70 Welding procedure and performance qualifications. | USCG | [CGFR 68-82, 33 FR 18804, Dec. 18, 1968] | (a) Welding procedures and welder performance utilized in the fabrication of vessels and their various systems and components subject to Coast Guard inspection shall be qualified as required by the applicable subchapter. For applicable requirements see §§ 32.60-1(a) of subchapter D (Tank Vessels), § 72.01-15 of subchapter H (Passenger Vessels), § 92.01-10 of subchapter I (Cargo and Miscellaneous Vessels), or § 190.01-10 of subchapter U (Oceanographic Vessels) of this chapter. See part 57 of subchapter F (Marine Engineering) for requirements for the welding of pressure piping, boilers, pressure vessels, and nonpressure vessel type tanks, and associated secondary barriers as defined in § 38.05-4 of subchapter D (Tank Vessels) of this chapter. | |||
| 46:46:1.0.1.1.2.7.1.1 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.85 | Subpart 2.85—Load Lines | § 2.85-1 Assignment of load lines. | USCG | [CGD 95-028, 62 FR 51195, Sept. 30, 1997, as amended by USCG-1998-4442, 63 FR 52188, Sept. 30, 1998; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004] | Most U.S. vessels, and foreign vessels in U.S. waters are required to have load line assignments in accordance with 46 U.S.C. Chapter 51. The load lines marks, when placed on a vessel, indicate the maximum draft to which such vessel can be lawfully submerged, in the various circumstances and seasons applicable to such vessel. See subchapter E (Load Lines) of this chapter for applicable details governing assignment and marking of load lines. | |||
| 46:46:1.0.1.1.2.8.1.1 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.90 | Subpart 2.90—Plans, Drawings or Blueprints | § 2.90-1 General requirements. | USCG | [CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 73-96, 42 FR 49203, Sept. 26, 1977; CGD 79-023, 48 FR 51006, Nov. 4, 1983] | (a) Drawings, blueprints or plans showing the details of construction of vessels subject to inspection or installations thereon are required to be submitted for approval in accordance with applicable regulations in this chapter, information as to which may be obtained at any local Marine Inspection Office. (b) The requirements for passenger vessel construction are in parts 43-46, 70-78, of this chapter. (c) The requirements for tank vessel construction are in parts 30-39, 43-45, of this chapter. (d) The requirements for cargo and miscellaneous vessel construction are in parts 43-45, 90-97, of this chapter. (e) The requirements for marine engineering installations or equipment are in parts 50-69 of this chapter. (f) The requirements for electrical engineering installations or equipment are in parts 110-113 of this chapter. (g) The requirements for items to be manufactured under specific approval by the Commandant are in parts 160-164 of this chapter. (h) The requirements for vessels carrying certain bulk dangerous cargoes are in parts 148, 151, 153, and 154 of this chapter. (i) The requirements for subdivision and stability plans and calculations are in part 170 of this chapter. | |||
| 46:46:1.0.1.1.2.9.1.1 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.95 | Subpart 2.95—Retention of Records by the Public | § 2.95-1 Certificates or documents issued by Coast Guard. | USCG | (a) Certificates or documents issued to the public, as required by laws, rules, or regulations, shall be retained for the applicable period of time, as follows: (1) If the certificate or document specifies a definite period of time for which it is valid, it shall be retained for so long as it is valid unless it is required to be surrendered; or, (2) If the certificate or document does not specify a definite period of time for which it is valid, it shall be retained for that period of time such certificate or document is required for operation of the vessel; or, (3) If the certificate or document is evidence of a person's qualifications, it shall be retained for so long as it is valid unless it is required to be surrendered. (b) Nothing in this section shall be construed as preventing the Coast Guard from canceling, suspending, or withdrawing any certificate or document issued at any time. | ||||
| 46:46:1.0.1.1.2.9.1.2 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.95 | Subpart 2.95—Retention of Records by the Public | § 2.95-5 Certificates or documents issued by others. | USCG | (a) Certificates or documents issued by other public agencies or private organizations, which are accepted as prima facie evidence of compliance with requirements administered by the Coast Guard, shall be retained for the applicable period of time as follows: (1) If the certificate or document specifies a definite period of time for which it is valid, it shall be retained for so long as it is valid unless it is required to be surrendered; or (2) If the certificate or document does not specify a definite period of time for which it is valid, it shall be retained for the period of time such certificate or document is required for operation of the vessel; or, (3) If the certificate or documents is evidence of a person's qualifications, it shall be retained for so long as it is valid unless it is required to be surrendered. | ||||
| 46:46:1.0.1.1.2.9.1.3 | 46 | Shipping | I | A | 2 | PART 2—VESSEL INSPECTIONS | 2.95 | Subpart 2.95—Retention of Records by the Public | § 2.95-10 Equipment or material required to be approved. | USCG | (a) The manufacturer of any equipment or material, which must also be approved by or found satisfactory for use by the Commandant, shall keep the required drawings, plans, blueprints, specifications, production models (if any), qualification tests, and related correspondence containing evidence that the Coast Guard has found such equipment or material satisfactory, during the period of time the approval or listing is valid. Most of the specifications containing detailed descriptions of records required to be retained by the public are in parts 160 to 164, inclusive in subchapter Q (Specifications) of this chapter. | ||||
| 46:46:1.0.1.1.3.1.1.1 | 46 | Shipping | I | A | 3 | PART 3—DESIGNATION OF OCEANOGRAPHIC RESEARCH VESSELS | 3.01 | Subpart 3.01—Authority and Purpose | § 3.01-1 Purpose of regulations. | USCG | [CGD 77-081, 46 FR 56202, Nov. 16, 1981, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997; USCG-2024-1103, 90 FR 52879, Nov. 24, 2025] | The purpose of the regulations in this part is to establish standard procedures for the designation of certain vessels as oceanographic research vessels as defined in 46 U.S.C. 2101. | |||
| 46:46:1.0.1.1.3.2.1.1 | 46 | Shipping | I | A | 3 | PART 3—DESIGNATION OF OCEANOGRAPHIC RESEARCH VESSELS | 3.03 | Subpart 3.03—Application | § 3.03-1 Vessels subject to the requirements of this part. | USCG | [CGD 77-081, 46 FR 56202, Nov. 16, 1981, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997; USCG-2005-22329, 70 FR 57183, Sept. 30, 2005; USCG-2023-0759, 89 FR 22948, Apr. 3, 2024] | The regulations in this part are applicable to U.S. flag vessels desiring designation as oceanographic research vessels in accordance with 46 U.S.C. 2101. | |||
| 46:46:1.0.1.1.3.3.1.1 | 46 | Shipping | I | A | 3 | PART 3—DESIGNATION OF OCEANOGRAPHIC RESEARCH VESSELS | 3.05 | Subpart 3.05—Definition of Terms Used in This Part | § 3.05-1 Letter of designation. | USCG | A letter issued by an Officer in Charge, Marine Inspection, designating an uninspected vessel as an oceanographic research vessel. | ||||
| 46:46:1.0.1.1.3.3.1.2 | 46 | Shipping | I | A | 3 | PART 3—DESIGNATION OF OCEANOGRAPHIC RESEARCH VESSELS | 3.05 | Subpart 3.05—Definition of Terms Used in This Part | § 3.05-3 Oceanographic research vessel. | USCG | “An oceanographic research vessel is a vessel which the U.S. Coast Guard finds is employed exclusively in one or more of the following: (a) Oceanographic instruction; (b) Limnologic instruction; (c) Oceanographic research; or, (d) Limnologic research.” | ||||
| 46:46:1.0.1.1.3.4.1.1 | 46 | Shipping | I | A | 3 | PART 3—DESIGNATION OF OCEANOGRAPHIC RESEARCH VESSELS | 3.10 | Subpart 3.10—Designation | § 3.10-1 Procedures for designating oceanographic research vessels. | USCG | [CGD 77-081, 46 FR 56202, Nov. 16, 1981, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997] | (a) Upon written request by the owner, master, or agent of a vessel, a determination will be made by the Officer in Charge, Marine Inspection, of the zone in which the vessel is located, whether the vessel may be designated as an oceanographic research vessel. (b) The request should contain sufficient information to allow the Officer in Charge, Marine Inspection, to make this determination. At a minimum, the following items must be submitted: (1) A detailed description of the vessel, including its identification number, owner and charterer. (2) A specific operating plan stating precisely the intended use of the vessel. (3) Any additional information as may be requested by the Officer in Charge, Marine Inspection. (c) If designation is granted, it shall be indicated as follows: (1) For inspected vessels—indicated on the certificate of inspection, valid for its duration. (2) For uninspected vessels—indicated by a letter of designation, which shall be maintained on board the vessel and remain in effect for two years from date of issuance. (d) All designations shall remain valid for the period specified on the applicable document, provided all operating conditions remain unchanged from the date of designation. (e) In the event of a change in operating conditions, the owner, master, or agent of the vessel shall advise the Officer in Charge, Marine Inspection who issued the designation. After reviewing the pertinent information concerning the operational changes, the Officer in Charge, Marine Inspection, shall determine if the vessel is still eligible to retain its designation as an oceanographic research vessel. | |||
| 46:46:1.0.1.1.3.4.1.2 | 46 | Shipping | I | A | 3 | PART 3—DESIGNATION OF OCEANOGRAPHIC RESEARCH VESSELS | 3.10 | Subpart 3.10—Designation | § 3.10-5 Renewal of letter of designation. | USCG | At least 60 days prior to the expiration date of the letter of designation or certificate of inspection, a request for renewal must be submitted in the same manner as described in 3.10-1. However, if the request for renewal is submitted to the Officer in Charge, Marine Inspection, who made the initial determination and all operating conditions remain unchanged, the information required by § 3.10-1(b) need not be resubmitted with the request. | ||||
| 46:46:1.0.1.1.3.4.1.3 | 46 | Shipping | I | A | 3 | PART 3—DESIGNATION OF OCEANOGRAPHIC RESEARCH VESSELS | 3.10 | Subpart 3.10—Designation | § 3.10-10 Right of appeal. | USCG | [CGD 88-033, 54 FR 50379, Dec. 6, 1989] | Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter. | |||
| 46:46:1.0.1.1.4.1.1.1 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.01 | Subpart 4.01—Authority and Scope of Regulations | § 4.01-1 Scope of regulation. | USCG | [CGD 85-015, 51 FR 19341, May 29, 1986] | The regulations in this part govern the reporting of marine casualties, the investigation of marine casualties and the submittal of reports designed to increase the likelihood of timely assistance to vessels in distress. | |||
| 46:46:1.0.1.1.4.1.1.2 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.01 | Subpart 4.01—Authority and Scope of Regulations | § 4.01-3 Reporting exclusion. | USCG | [CGD 76-170, 45 FR 77441, Nov. 24, 1980; 46 FR 19235, Mar. 30, 1981, as amended by CGD 76-170, 47 FR 39684, Sept. 9, 1982; CGD 95-028, 62 FR 51195, Sept. 30, 1997; USCG-2000-7790, 65 FR 58458, Sept. 29, 2000] | (a) Vessels subject to 33 CFR 173.51 are excluded from the requirements of subpart 4.05. (b) Vessels which report diving accidents under 46 CFR 197.484 regarding deaths, or injuries which cause incapacitation for greater than 72 hours, are not required to give notice under § 4.05-1(a)(5) or § 4.05-1(a)(6). (c) Vessels are excluded from the requirements of § 4.05-1(a)(5) and (a)(6) with respect to the death or injury of shipyard or harbor workers when such accidents are not the result of either a vessel casualty (e.g., collision) or a vessel equipment casualty (e.g., cargo boom failure) and are subject to the reporting requirements of Occupational Safety and Health Administration (OSHA) under 29 CFR 1904. (d) Except as provided in subpart 4.40, public vessels are excluded from the requirements of this part. | |||
| 46:46:1.0.1.1.4.10.1.1 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.13 | Subpart 4.13—Availability of Records | § 4.13-1 Public availability of records. | USCG | [CGD 73-43R, 40 FR 13501, Mar. 27, 1975] | Coast Guard records are made available to the public in accordance with 49 CFR part 7. | |||
| 46:46:1.0.1.1.4.11.1.1 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.19 | Subpart 4.19—Construction of Regulations and Rules of Evidence | § 4.19-1 Construction of regulations. | USCG | The regulations in this part shall be liberally construed to insure just, speedy, and inexpensive determination of the issues presented. | ||||
| 46:46:1.0.1.1.4.11.1.2 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.19 | Subpart 4.19—Construction of Regulations and Rules of Evidence | § 4.19-5 Adherence to rules of evidence. | USCG | As hearings under this part are administrative in character, strict adherence to the formal rules of evidence is not imperative. However, in the interest of orderly presentation of the facts of a case, the rules of evidence should be observed as closely as possible. | ||||
| 46:46:1.0.1.1.4.12.1.1 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.21 | Subpart 4.21—Computation of Time | § 4.21-1 Computation of time. | USCG | The time, within which any act, provided by the regulation in this subchapter, or an order of the Marine Board of Investigation is to be done, shall be computed by excluding the first day and including the last unless the last day is Sunday or a legal holiday, in which case the time shall extend to and include the next succeeding day that is not a Sunday or legal holiday: Provided, however, That where the time fixed by the regulations in this subchapter or an order of the Board is five days or less all intervening Sundays or legal holidays, other than Saturdays, shall be excluded. | ||||
| 46:46:1.0.1.1.4.13.1.1 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.23 | Subpart 4.23—Evidence of Criminal Liability | § 4.23-1 Evidence of criminal liability. | USCG | [CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by USCG-2004-18884, 69 FR 58341, Sept. 30, 2004] | If, as a result of any investigation or other proceeding conducted hereunder, evidence of criminal liability on the part of any licensed officer or certificated person or any other person is found, such evidence shall be referred to the U.S. Attorney General. | |||
| 46:46:1.0.1.1.4.14.1.1 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.40 | Subpart 4.40—Coast Guard—National Transportation Safety Board Marine Casualty Investigations | § 4.40-1 Purpose. | USCG | [CGD 82-034, 47 FR 45882, Oct. 14, 1982] | This subpart prescribes the joint regulations of the National Transportation Safety Board and the Coast Guard for the investigation of marine casualties. | |||
| 46:46:1.0.1.1.4.14.1.2 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.40 | Subpart 4.40—Coast Guard—National Transportation Safety Board Marine Casualty Investigations | § 4.40-3 Relationship to Coast Guard marine investigation regulations and procedures. | USCG | [CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997] | (a) The Coast Guard's responsibility to investigate marine casualties is not eliminated nor diminished by the regulations in this subpart. (b) In those instances where the National Transportation Safety Board conducts an investigation in which the Coast Guard also has responsibility under 46 U.S.C. Chapter 63, the proceedings are conducted independently but so as to avoid duplication as much as possible. | |||
| 46:46:1.0.1.1.4.14.1.3 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.40 | Subpart 4.40—Coast Guard—National Transportation Safety Board Marine Casualty Investigations | § 4.40-5 Definitions. | USCG | [CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997; USCG-2021-0348, 87 FR 3223, Jan. 21, 2022; 87 FR 35901, June 14, 2022] | As used in this subpart: (a) Act means title III of Public Law 93-633, the Independent Safety Board Act of 1974, (49 U.S.C. 1131). (b) Board means the National Transportation Safety Board. (c) Chairman means the Chairman of the National Transportation Safety Board. (d) Major marine casualty means a casualty involving a vessel, other than a public vessel, that results in: (1) The loss of six or more lives: (2) The loss of a mechanically propelled vessel of 100 or more gross tons; (3) Property damage initially estimated at $500,000 or more; or (4) Serious threat, as determined by the Commandant and concurred in by the Chairman, to life, property, or the environment by hazardous materials. (e) Public vessel means a vessel owned by the United States, except a vessel to which the Act of October 25, 1919, c.82, (41 Stat. 305, 46 U.S.C. 363) applies. (f) Vessel of the United States means a vessel: (1) Documented or required to be documented under the laws of the United States; (2) Owned in the United States; or (3) Owned by a citizen or resident of the United States and not registered under a foreign flag. | |||
| 46:46:1.0.1.1.4.14.1.4 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.40 | Subpart 4.40—Coast Guard—National Transportation Safety Board Marine Casualty Investigations | § 4.40-10 Preliminary investigation by the Coast Guard. | USCG | [CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 82-034, 47 FR 45882, Oct. 14, 1982] | (a) The Coast Guard conducts the preliminary investigation of marine casualties. (b) The Commandant determines from the preliminary investigation whether: (1) The casualty is a major marine casualty; or (2) The casualty involves a public and a non-public vessel and at least one fatality or $75,000 in property damage; or (3) The casualty involves a Coast Guard and a non-public vessel and at least one fatality or $75,000 in property damage; or (4) The casualty is a major marine casualty which involves significant safety issues relating to Coast Guard safety functions, e.g., search and rescue, aids to navigation, vessel traffic systems, commercial vessel safety, etc. (c) The Commandant notifies the Board of a casualty described in paragraph (b) of this section. | |||
| 46:46:1.0.1.1.4.14.1.5 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.40 | Subpart 4.40—Coast Guard—National Transportation Safety Board Marine Casualty Investigations | § 4.40-15 Marine casualty investigation by the Board. | USCG | [CGD 82-034, 47 FR 45882, Oct. 14, 1982] | (a) The Board may conduct an investigation under the Act of any major marine casualty or any casualty involving public and non-public vessels. Where the Board determines it will convene a hearing in connection with such an investigation, the Board's rules of practice for transportation accident hearings in 49 CFR part 845 shall apply. (b) The Board shall conduct an investigation under the Act when: (1) The casualty involves a Coast Guard and a non-public vessel and at least one fatality or $75,000 in property damage; or (2) The Commandant and the Board agree that the Board shall conduct the investigation, and the casualty involves a public and a non-public vessel and at least one fatality or $75,000 in property damage; or (3) The Commandant and the Board agree that the Board shall conduct the investigation, and the casualty is a major marine casualty which involves significant safety issues relating to Coast Guard safety functions. | |||
| 46:46:1.0.1.1.4.14.1.6 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.40 | Subpart 4.40—Coast Guard—National Transportation Safety Board Marine Casualty Investigations | § 4.40-20 Cause or probable cause determinations from Board investigation. | USCG | After an investigation conducted by the Board under § 4.40-15, the Board determines cause or probable cause and issues a report of that determination. | ||||
| 46:46:1.0.1.1.4.14.1.7 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.40 | Subpart 4.40—Coast Guard—National Transportation Safety Board Marine Casualty Investigations | § 4.40-25 Coast Guard marine casualty investigation for the Board. | USCG | [CGD 82-034, 47 FR 45882, Oct. 14, 1982] | (a) If the Board does not conduct an investigation under § 4.40-15 (a), (b) (2) or (3), the Coast Guard, at the request of the Board, may conduct an investigation under the Act unless there is an allegation of Federal Government misfeasance or nonfeasance. (b) The Board will request the Coast Guard to conduct an investigation under paragraph (a) of this section within 48 hours of receiving notice under § 4.40-10(c). (c) The Coast Guard will advise the Board within 24 hours of receipt of a request under paragraph (b) of this section whether the Coast Guard will conduct an investigation under the Act. | |||
| 46:46:1.0.1.1.4.14.1.8 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.40 | Subpart 4.40—Coast Guard—National Transportation Safety Board Marine Casualty Investigations | § 4.40-30 Procedures for Coast Guard investigation. | USCG | [CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997; USCG-2004-18884, 69 FR 58341, Sept. 30, 2004] | (a) The Coast Guard conducts an investigation under § 4.40-25 using the procedures in 46 CFR 4.01-1 through 4.23-1. (b) The Board may designate a person or persons to participate in every phase of an investigation, including an on scene investigation, that is conducted under the provisions of subpart 4.40-25 of this part. (c) Consistent with Coast Guard responsibility to direct the course of the investigation, the person or persons designated by the Board under paragraph (b) of this section may: (1) Make recommendations about the scope of the investigations. (2) Call and examine witnesses. (3) Submit or request additional evidence. (d) The Commandant provides a record of the proceedings to the Board of an investigation of a major marine casualty under paragraph (a) of this section. (e) The Board, under the Act, makes its determination of the facts, conditions, circumstances, and the cause or probable cause of a major marine casualty using the record of the proceedings provided by the Commandant under paragraph (d) of this section, and any additional evidence the Board may acquire under its own authority. (f) An investigation by the Coast Guard under this section is both an investigation under the Act and under 46 U.S.C. Chapter 63. | |||
| 46:46:1.0.1.1.4.14.1.9 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.40 | Subpart 4.40—Coast Guard—National Transportation Safety Board Marine Casualty Investigations | § 4.40-35 Records of the Coast Guard and the Board. | USCG | (a) Records of the Coast Guard made under § 4.40-30 are available to the public under 49 CFR part 7. (b) Records of the Board made under §§ 4.40-20 and 4.40-30 are available to the public under 49 CFR part 801. | ||||
| 46:46:1.0.1.1.4.2.1.1 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.03 | Subpart 4.03—Definitions | § 4.03-1 Marine casualty or accident. | USCG | [USCG-2000-6927, 70 FR 74675, Dec. 16, 2005] | Marine casualty or accident means— (a) Any casualty or accident involving any vessel other than a public vessel that— (1) Occurs upon the navigable waters of the United States, its territories or possessions; (2) Involves any United States vessel wherever such casualty or accident occurs; or (3) With respect to a foreign tank vessel operating in waters subject to the jurisdiction of the United States, including the Exclusive Economic Zone (EEZ), involves significant harm to the environment or material damage affecting the seaworthiness or efficiency of the vessel. (b) The term “marine casualty or accident” applies to events caused by or involving a vessel and includes, but is not limited to, the following: (1) Any fall overboard, injury, or loss of life of any person. (2) Any occurrence involving a vessel that results in— (i) Grounding; (ii) Stranding; (iii) Foundering; (iv) Flooding; (v) Collision; (vi) Allision; (vii) Explosion; (viii) Fire; (ix) Reduction or loss of a vessel's electrical power, propulsion, or steering capabilities; (x) Failures or occurrences, regardless of cause, which impair any aspect of a vessel's operation, components, or cargo; (xi) Any other circumstance that might affect or impair a vessel's seaworthiness, efficiency, or fitness for service or route; or (xii) Any incident involving significant harm to the environment. (3) Any occurrences of injury or loss of life to any person while diving from a vessel and using underwater breathing apparatus. (4) Any incident described in § 4.05-1(a). | |||
| 46:46:1.0.1.1.4.2.1.10 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.03 | Subpart 4.03—Definitions | § 4.03-25 District Commander. | USCG | The District Commander is the chief of a Coast Guard district and is charged with the administration of all Coast Guard responsibilities and activities within his respective district, except those functions of administrative law judges under the Administrative Procedure Act (60 Stat. 237, 5 U.S.C. 1001 et seq. ) and activities of independent units of the Coast Guard, such as the Coast Guard Yard and the Coast Guard Academy. | ||||
| 46:46:1.0.1.1.4.2.1.11 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.03 | Subpart 4.03—Definitions | § 4.03-30 Investigating officer. | USCG | An investigating officer is an officer or employee of the Coast Guard designated by the Commandant, District Commander or the Officer in Charge, Marine Inspection, for the purpose of making investigations of marine casualties and accidents or other matters pertaining to the conduct of seamen. An Officer in Charge, Marine Inspection, is an investigating officer without further designation. | ||||
| 46:46:1.0.1.1.4.2.1.12 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.03 | Subpart 4.03—Definitions | § 4.03-35 Nuclear vessel. | USCG | [CGD 84-099, 52 FR 47534, Dec. 14, 1987] | The term nuclear vessel means any vessel in which power for propulsion, or for any other purpose, is derived from nuclear energy; or any vessel handling or processing substantial amounts of radioactive material other than as cargo. | |||
| 46:46:1.0.1.1.4.2.1.13 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.03 | Subpart 4.03—Definitions | § 4.03-40 Public vessels. | USCG | [CGD 95-028, 62 FR 51195, Sept. 30, 1997] | Public vessel means a vessel that— (a) Is owned, or demise chartered, and operated by the U.S. Government or a government of a foreign country, except a vessel owned or operated by the Department of Transportation or any corporation organized or controlled by the Department (except a vessel operated by the Coast Guard or Saint Lawrence Seaway Development Corporation); and (b) Is not engaged in commercial service. | |||
| 46:46:1.0.1.1.4.2.1.14 | 46 | Shipping | I | A | 4 | PART 4—MARINE CASUALTIES AND INVESTIGATIONS | 4.03 | Subpart 4.03—Definitions | § 4.03-45 Marine employer. | USCG | [CGD 84-099, 52 FR 47534, Dec. 14, 1987, as amended by USCG-2024-1103, 90 FR 52879, Nov. 24, 2025] | Marine employer means the owner, managing operator, charterer, agent, master, or person in charge of a vessel other than a recreational vessel. |
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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,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);