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Electronic Code of Federal Regulations

e-CFR Data is current as of September 18, 2014

Title 46Chapter ISubchapter APart 2 → Subpart 2.01


Title 46: Shipping
PART 2—VESSEL INSPECTIONS


Subpart 2.01—Inspecting and Certificating of Vessels


Contents
§2.01-1   Applications for inspections.
§2.01-3   Notification of inspection.
§2.01-5   Certificate of inspection.
§2.01-6   Certificates issued to foreign vessels.
§2.01-7   Classes of vessels (including motorboats) examined or inspected and certificated.
§2.01-8   Application of regulations to vessels or tankships on an international voyage.
§2.01-10   Inspection requirements—domestic vessels.
§2.01-13   Inspection requirements—foreign vessels.
§2.01-15   Vessel repairs.
§2.01-20   Suspension or revocation of certificates of inspection.
§2.01-25   International Convention for Safety of Life at Sea, 1974.
§2.01-30   Delegation of OCMI signature authority.
§2.01-40   Passengers or persons in addition to crew on cargo or tank vessels.
§2.01-45   Excursion permit.
§2.01-50   Persons other than crew on towing, oyster, or fishing steam vessels.
§2.01-60   Overtime compensation.
§2.01-70   Right of appeal.
§2.01-80   Vessel inspections in Alaska.

§2.01-1   Applications for inspections.

(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. coastwise trade (domestic trade) unless specifically authorized by law. Therefore, when foreign-built vessels are intended for use in the coastwise trade as defined by the U.S. Customs Service, such vessels will not be inspected and certificated unless specifically authorized by law to engage in coastwise trade.

[CG FR 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]

§2.01-3   Notification of inspection.

(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.

[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]

§2.01-5   Certificate of inspection.

(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.

[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]

§2.01-6   Certificates issued to foreign vessels.

(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, and holds a valid Passenger Ship Safety 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 International Convention for Safety of Life at Sea, 1974, the period of validity, subsequent exams required to maintain the certificates validity, the Officer in Charge, Marine Inspection zone where the exam was completed in and if there are any deficiencies as to applicable regulations at the time the vessel was examined. If there are deficiencies issued, they are listed in the examination record section of the COC.

[USCG-2010-0759, 75 FR 60000, Sept. 29, 2010]

§2.01-7   Classes of vessels (including motorboats) examined or inspected and certificated.

Link to an amendment published at 79 FR 53630, Sept. 10, 2014.

(a) The regulations in this chapter concerning inspecting and certificating vessels are applicable to vessels (including motorboats) as indicated in the following table 2.01-7(a):

Table 2.01-7(a)

Method of propulsion, qualified by size or other limitation1Vessels inspected and certificated under Subchapter D—Tank Vessels2Vessels inspected and certificated under Subchapter H—Passenger
Vessels2345 or Subchapter K or T—Small Passenger Vessels234
Vessels inspected and certificated under Subchapter I—Cargo and
Miscellaneous
Vessels25
Vessels subject to the provisions of Subchapter C—Uninspected
Vessels.23678
Vessels subject to the provisions of Subchapter U—Oceanographic
Vessels23679
Vessels subject to the provisions of Subchapter
O—Certain Bulk and
Dangerous
Cargoes10
Column 1Column 2Column 3Column 4Column 5Column 6Column 7
(1) Motor, all vessels except seagoing motor vessels ≥300 gross tonsAll vessels carrying combustible or flammable liquid cargo in bulk.5(i) All vessels carrying more than 12 passengers on an international voyage, except recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons that—
All vessels >15 gross tons carrying freight-for-hire, except those covered by columns 2 and 3. All vessels carrying dangerous cargoes, when required by 46 CFR part 98All vessels not covered by columns 2, 3, 4, and 6NoneAll vessels carrying cargoes in bulk that are listed in part 153, table 1, or part 154, table 4, or unlisted cargoes that would otherwise be subject to these parts.12
   (A) Carry more than 6 passengers-for-hire whether chartered or not, or
   (B) Carry more than 6 passengers when chartered with the crew provided, or
   (C) Carry more than 12 passengers when chartered with no crew provided, or
   (D) Carry at least 1 passenger-for-hire and are submersible vessels.7
   (E) Carry more than 6 passengers and are ferries.
   (iii) All vessels ≥100 gross tons that—
   (A) Carry more than 12 passengers-for-hire whether chartered or not, or
   (B) Carry more than 12 passengers when chartered with the crew provided, or
   (C) Carry more than 12 passengers when chartered with no crew provided, or
   (D) Carry at least 1 passenger-for-hire and are submersible vessels.7
   (E) Carry at least 1 passenger and are ferries.
   (iv) These regulations do not apply to—
   (A) Recreational vessels not engaged in trade.
   (B) Documented cargo or tank vessels issued a permit to carry 16 or fewer persons in addition to the crew.
   (C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons on the legitimate business of the vessel6 in addition to the crew, as restricted by the definition of passenger.7
(2) Motor, seagoing motor vessels ≥300 gross tonsAll vessels carrying combustible or flammable liquid cargo in bulk.5(i) All vessels carrying more than 12 passengers on an international voyage, except recreational vessels not engaged in trade.7All vessels, including recreational vessels, not engaged in trade. This does not include vessels covered by columns 2 and 3, and vessels engaged in the fishing industryAll vessels not covered by columns 2, 3, 4, 6, and 7All vessels engaged in oceanographic researchAll vessels carrying cargoes in bulk that are listed in part 153, table 1, or part 154, table 4, or unlisted cargoes that would otherwise be subject to these parts.12
   (ii) All ferries <100 gross tons carrying more than 6 passengers and all ferries ≥100 gross tons that carry at least 1 passenger.
   (iii) These regulations do not apply to—
   (A) Recreational vessels not engaged in trade.
   (B) Documented cargo or tank vessels issued a permit to carry 16 or fewer persons in addition to the crew.
   (C) Fishing vessels not engaged in ocean or coastwise service may carry persons on the legitimate business of the vessel6 in addition to the crew, as restricted by the definition of passenger.7
(3) Non-self-propelled vessels <100 gross tonsAll vessels carrying combustible or flammable liquid cargo in bulk.5(i) All vessels that—
(A) Carry more than 6 passengers-for-hire whether chartered or not, or
(B) Carry more than 6 passengers when chartered with the crew provided, or
(C) Carry more than 12 passengers when chartered with no crew provided, or
All manned barges except those covered by columns 2 and 3All barges carrying passengers or passengers-for-hire except those covered by column 3NoneAll tank barges carrying cargoes listed in Table 151.05 of this chapter or unlisted cargoes that would otherwise be subject to part 151.11112
   (D) Carry at least 1 passenger-for-hire and is a submersible vessel.7
   (E) Carry more than 12 passengers on an international voyage.
   (F) Carry more than 6 passengers and are ferries.
(4) Non-self-propelled vessels ≥100 gross tonsAll vessels carrying combustible or flammable liquid cargo in bulk.5(iii) All vessels that—
(A) Carry more than 12 passengers-for-hire whether chartered or not, or
(B) Carry more than 12 passengers when chartered with the crew provided, or
(C) Carry more than 12 passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and is a submersible vessel.7
All seagoing barges except a seagoing barge that is covered by column 2 or 3, or that is unmanned for the purposes of operating or navigating the barge, and that carries neither a hazardous material as cargo nor a flammable or combustible liquid, including oil, in bulk quantities of 250 barrels or moreAll barges carrying passengers or passengers-for-hire except those covered by columns 3 and 6All seagoing barges engaged in oceanographic researchAll tank barges carrying cargoes listed in Table 151.05 of this chapter or unlisted cargoes that would otherwise be subject to part 151.11112
   (E) Carry more than 12 passengers on an international voyage.
   (F) Carry at least 1 passenger and are ferries
(5) Sail13 vessels ≤700 gross tonsAll vessels carrying combustible or flammable liquid cargo in bulk.5(i) All vessels carrying more than 12 passengers on an international voyage, except recreational vessels not engaged in trade.7All vessels carrying dangerous cargoes, when required by 46 CFR part 98All vessels not covered by columns 2, 3, 4, and 6NoneAll vessels carrying cargoes in bulk that are listed in part 153, table 1, or part 154, table 4, or unlisted cargoes that would otherwise be subject to these parts.12
   (ii) All vessels <100 gross tons that—
   (A) Carry more than 6 passengers-for-hire whether chartered or not, or
   (B) Carry more than 6 passengers when chartered with the crew provided, or
   (C) Carry more than 12 passengers when chartered with no crew provided, or
   (D) Carry at least 1 passenger-for-hire and are submersible vessels.7
   (E) Carry more than 6 passengers and are ferries.
   (iii) All vessels ≥100 gross tons that—
   (A) Carry more than 12 passengers-for-hire whether chartered or not, or
   (B) Carry more than 12 passengers when chartered with the crew provided, or
   (C) Carry more than 12 passengers when chartered with no crew provided, or
   (D) Carry at least 1 passenger-for-hire and are submersible vessels.7
   (E) Carry at least 1 passenger and are ferries.
   (iv) These regulations do not apply to—
   (A) Recreational vehicles not engaged in trade.
   (B) Documented cargo or tank vessels issued a permit to carry 16 or fewer persons in addition to the crew.
   (C) Fishing vessels, not engaged in ocean or coastwise service. Such vessels may carry persons on the legitimate business of the vessel6 in addition to the crew, as restricted by the definition of passenger.7
(6) Sail13 vessels >700 gross tonsAll vessels carrying combustible or flammable liquid cargo in bulk.5(i) All vessels carrying passengers or passengers-for-hire, except recreational vessels.7
(ii) All ferries that carry at least 1 passenger
All vessels carrying dangerous cargoes, when required by 46 CFR part 98NoneNoneAll vessels carrying cargoes in bulk that are listed in part 153, Table 1, or part 154, Table 4, or unlisted cargoes that would otherwise be subject to these parts.12
(7) Steam, vessels ≤19.8 meters (65 feet) in lengthAll vessels carrying combustible or flammable liquid cargo in bulk.5(i) All vessels carrying more than 12 passengers on an international voyage, except recreational vessels not engaged in trade.7All tugboats and towboats. All vessels carrying dangerous cargoes, when required by 46 CFR part 98All vessels not covered by columns 2, 3, 4, and 6NoneAll vessels carrying cargoes in bulk that are listed in part 153, table 1, or part 154, table 4, or unlisted cargoes that would otherwise be subject to these parts.12
   (ii) All vessels <100 gross tons that-
   (A) Carry more than 6 passengers-for-hire whether chartered or not, or
   (B) Carry more than 6 passengers when chartered with the crew provided, or
   (C) Carry more than 12 passengers when chartered with no crew provided, or
   (D) Carry at least 1 passenger-for-hire and are submersible vessels.7
   (E) Carry more than 6 passengers and are ferries.
   (iii) All vessels ≥100 gross tons that-
   (A) Carry more than 12 passengers-for-hire whether chartered or not, or
   (B) Carry more than 12 passengers when chartered with the crew provided, or
   (C) Carry more than 12 passengers when chartered with no crew provided, or
   (D) Carry at least 1 passenger-for-hire and are submersible vessels.7
   (E) Carry at least 1 passenger and are ferries.
   (iv) These regulations do not apply to—
   (A) Recreational vessels not engaged in trade.
   (B) Documented cargo or tank vessels issued a permit to carry 16 or fewer persons in addition to the crew.
   (C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons on the legitimate business of the vessel6 in addition to the crew, as restricted by the definition of passenger.7
(8) Steam, vessels >19.8 meters (65 feet) in lengthAll vessels carrying combustible or flammable liquid cargo in bulk.5(i) All vessels carrying more than 12 passengers on an international voyage, except recreational vessels not engaged in trade.7All vessels not covered by columns 2, 3, 6, and 7NoneAll vessels engaged in oceanographic researchAll vessels carrying cargoes in bulk that are listed in part 153, Table 1, or part 154, Table 4, or unlisted cargoes that would otherwise be subject to these parts.12
   (ii) All vessels <100 gross tons that—
   (A) Carry more than 6 passengers-for-hire whether chartered or not, or
   (B) Carry more than 6 passengers when chartered with the crew provided, or
   (C) Carry more than 12 passengers when chartered with no crew provided, or
   (D) Carry at least 1 passenger-for-hire and are submersible vessels.7
   (E) Carry more than 6 passengers and are ferries.
   (iii) All vessels ≥100 gross tons that—
   (A) Carry more than 12 passengers-for-hire whether chartered or not, or
   (B) Carry more than 12 passengers when chartered with the crew provided, or
   (C) Carry more than 12 passengers when chartered with no crew provided, or
   (D) Carry at least 1 passenger-for-hire and are submersible vessels.7
   (E) Carry at least 1 passenger and are ferries.
   (iv) These regulations do not apply to—
   (A) Recreational vehicles not engaged in trade.
   (B) Documented cargo or tank vessels issued a permit to carry 16 or fewer persons in addition to the crew.
   (C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons on the legitimate business of the vessel6 in addition to the crew, as restricted by the definition of passenger.7

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:

1Where 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.

2Subchapters 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.

3Public 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.

4Subchapter 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.

5Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of the vessel is not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in bulk. The portion of the vessel used for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.

6Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).

7The terms “passenger(s)” and “passenger(s)-for-hire” are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel onboard shall not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.

8Boilers and machinery are subject to examination on vessels over 40 feet in length.

9Under 46 U.S.C. 441 an oceanographic research vessel “.  .  . being employed exclusively in instruction in oceanography or limnology, or both, or exclusively in oceanographic research, .  .  .. Under 46 U.S.C. 443, “an oceanographic research vessel shall not be deemed to be engaged in trade or commerce.” If or when an oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons employed in the business of the vessel.

10Bulk dangerous cargoes are cargoes specified in table 151.01-10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.

11For manned tankbarges, see §151.01-10(c) of this chapter.

12See §151.01-15, 153.900(d), or 154.30 of this chapter as appropriate.

13Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.

(b) The specific application of regulations concerning inspecting and certificating vessels is set forth in the specific subchapter governing a particular class of vessels.

(1) For passenger vessels see part 70 of subchapter H (Passenger Vessels) of this chapter.

(2) For cargo and miscellaneous vessels see part 90 of subchapter I (Cargo and Miscellaneous Vessels) of this chapter.

(3) For tank vessels see part 30 of subchapter D (Tank Vessels) of this chapter.

(4) For small passenger vessels see part 114 of subchapter K (Small Passenger Vessels Carrying More Than 150 Passengers or with Overnight Accommodations for More Than 49 Passengers) and part 175 of subchapter T (Small Passenger Vessels) of this chapter.

(5) For uninspected vessels see part 24 of subchapter C (Uninspected Vessels) of this chapter.

(6) For vessels carrying certain bulk dangerous cargoes see subchapter O of this chapter.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965]

Editorial Note: For Federal Register citations affecting §2.01-7, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

§2.01-8   Application of regulations to vessels or tankships on an international voyage.

(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.).

[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]

§2.01-10   Inspection requirements—domestic vessels.

(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.

[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]

§2.01-13   Inspection requirements—foreign vessels.

(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.

[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]

§2.01-15   Vessel repairs.

(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, such a vessel may be permitted to proceed to another port for repairs, if, in the opinion of the marine inspector, it can be done with safety. The permit is granted by the Officer in Charge, Marine Inspection, upon request in writing by the master or owner of the vessel and is issued on Coast Guard Form CG-948, Permit to Proceed to Another Port for Repairs. The requirements for such permits are set forth in the subchapter governing a particular class of vessels as follows:

(1) For passenger vessels that are 100 gross tons or more, see subpart 71.05 of subchapter H (Passenger Vessels) of this chapter.

(2) For small passenger vessels under 100 gross tons, see subpart B of subchapter T (Small Passenger Vessels) of this chapter.

(3) For cargo and miscellaneous vessels, see subpart 91.05 of subchapter I (Cargo and Miscellaneous Vessels) of this chapter.

(4) For tank vessels, see §31.10-35 of subchapter D (Tank Vessels) of this chapter.

(5) For public nautical schoolships, see §167.30-5 of subchapter R (Nautical Schools) of this chapter.

(6) For oceanographic vessels, see subpart 189.05 of subchapter U (Oceanographic Vessels) of this chapter.

[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]

§2.01-20   Suspension or revocation of certificates of inspection.

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.

[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]

§2.01-25   International Convention for Safety of Life at Sea, 1974.

(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

(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

(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 listed in §2.01-1, or by letter, to the Officer in Charge, Marine Inspection, in or nearest the port at which the inspection is to be made and shall be signed by the master or agent of the vessel. The certificates previously issued are surrendered at the time the inspection is performed. Further details are set forth in subchapter D (Tank Vessels), subchapter H (Passenger Vessels), subchapter I (Cargo and Miscellaneous Vessels), subchapter K (Small Passenger Vessels Carrying more than 150 Passengers or with overnight accommodations for more than 49 Passengers), subchapter L (Offshore Supply Vessels), subchapter O (Certain Bulk Dangerous Cargoes), subchapter T (Small Passenger Vessels), and subchapter U (Oceanographic Research Vessels), of this chapter.

(2) For vessels other than passenger vessels, you must contact the local office of the Federal Communications Commission to apply for the inspection concerning the issuance of a Cargo Ship Safety Radio Certificate.

(c) Certificates issued. (1) If a vessel meets the applicable requirements of the Convention, it shall be issued appropriate certificates listed in paragraph (a) of this section. These certificates describe the vessel and state the vessel is in compliance with the applicable requirements of the Convention.

(2) A Convention certificate may be withdrawn, revoked or suspended at any time when it is determined the vessel is no longer in compliance with applicable requirements. (See §2.01-70 for appeal procedures.)

(d) CG-969—Notice of Receipt of Application for Passenger Ship Safety Certificate. (1) The Passenger Ship Safety Certificate is issued by the Commandant after determining all applicable requirements of the Convention have been met. In the event the completion of the certification of any passenger vessel cannot be effected prior to the sailing of the passenger ship on a foreign voyage, or in any case where the Passenger Ship Safety Certificate is not received from the Commandant before the ship sails on a foreign voyage, the Officer in Charge, Marine Inspection, will issue a completed Form CG-969, describing the passenger ship and certifying that an application for a Passenger Ship Safety Certificate is being processed, and that in his opinion the vessel meets applicable requirements of the Convention administered by the Coast Guard.

(2) The completed Form CG-969 may be exhibited in explanation of the failure of the passenger ship to have on board a current Passenger Ship Safety Certificate. This completed form CG-969 may be accepted as prima facie evidence that the passenger ship described therein is in compliance with the applicable requirements of the Convention.

(e) Exempted vessel. (1) A vessel may be exempted by the Commandant from complying with certain requirements of the Convention under his administration upon request made in writing to him and transmitted via the Officer in Charge, Marine Inspection. In such case the exemptions are stated in the Exemption Certificate, which is issued by the Commandant through the appropriate Officer in Charge, Marine Inspection.

(2) The Federal Communications Commission issues the Exemption Certificate, which modifies the Cargo Ship Safety Radio Certificate.

(f) Availability of Certificates. The Convention certificates must be on board the vessel and readily available for examination at all times.

(g) Foreign flag vessels. At the request of the government of a country in which is registered a vessel engaged in an international voyage, such a vessel may be issued the applicable certificate or certificates listed in paragraph (a) of this section. The certificate will be issued only after inspection has been made by the issuing agency, providing the vessel is found to comply with the requirements of the Convention.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965]

Editorial Note: For Federal Register citations affecting §2.01-25, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

§2.01-30   Delegation of OCMI signature authority.

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.

[USCG-2009-0702, 74 FR 49223, Sept. 25, 2009]

§2.01-40   Passengers or persons in addition to crew on cargo or tank vessels.

(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.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997]

§2.01-45   Excursion permit.

(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.

[USCG-1999-5040, 67 FR 34767, May 15, 2002]

§2.01-50   Persons other than crew on towing, oyster, or fishing steam vessels.

(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.

[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997]

§2.01-60   Overtime compensation.

(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.

[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]

§2.01-70   Right of appeal.

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.

[CGD 88-033, 54 FR 50379, Dec. 6, 1989]

§2.01-80   Vessel inspections in Alaska.

(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.



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