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Electronic Code of Federal Regulations

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

Title 46: Shipping
PART 188—GENERAL PROVISIONS


Subpart 188.10—Definition of Terms Used in This Subchapter


Contents
§188.10-1   Anniversary date.
§188.10-2   Approved.
§188.10-3   Approved container.
§188.10-5   Barge.
§188.10-6   Captain of the Port.
§188.10-7   Chemical stores.
§188.10-9   Chemical storeroom.
§188.10-11   Chemistry laboratory.
§188.10-13   Coast Guard District Commander.
§188.10-15   Coastwise.
§188.10-17   Combustible liquid.
§188.10-19   Commandant.
§188.10-21   Compressed gas.
§188.10-23   Corrosive liquids.
§188.10-25   Explosive.
§188.10-27   Flammable liquid.
§188.10-31   Great Lakes.
§188.10-33   Headquarters.
§188.10-35   International voyage.
§188.10-37   Label.
§188.10-39   Lakes, bays, and sounds.
§188.10-41   Liquefied compressed gas.
§188.10-43   Liquefied flammable gas.
§188.10-45   Marine inspector or inspector.
§188.10-49   Numbered vessel.
§188.10-51   Ocean.
§188.10-53   Oceanographic research vessel.
§188.10-55   Officer in Charge, Marine Inspection.
§188.10-56   Pilot boarding equipment and point of access.
§188.10-57   Portable tank.
§188.10-59   Recognized classification society.
§188.10-61   Rivers.
§188.10-65   Seagoing barge.
§188.10-67   Scientific equipment.
§188.10-69   Scientific laboratory.
§188.10-71   Scientific personnel.
§188.10-73   Ships' stores and supplies.
§188.10-75   Undocumented vessel.
§188.10-77   Vessel.

§188.10-1   Anniversary date.

The term anniversary date means the day and the month of each year, which corresponds to the date of expiration of the Certificate of Inspection.

[USCG-1999-4976, 65 FR 6509, Feb. 9, 2000]

§188.10-2   Approved.

This term means approved by the Commandant unless otherwise stated.

[CGFR 67-83, 33 FR 1113, Jan. 27, 1968. Redesignated by USCG-1999-4976, 65 FR 6509, Feb. 9, 2000]

§188.10-3   Approved container.

This term means a container which is properly labeled, marked and approved by DOT for the commodity which it contains.

[CGFR 67-83, 33 FR 1113, Jan. 27, 1968, as amended by CGD 86-033, 53 FR 36026, Sept. 16, 1988]

§188.10-5   Barge.

This term means any non-self-propelled vessel.

§188.10-6   Captain of the Port.

This term means an officer of the Coast Guard designated as such by the Commandant and who, under the superintendence and direction of the Coast Guard District Commander, gives immediate direction to Coast Guard law enforcement activities within his assigned area. In addition, the District Commander shall be the Captain of the Port with respect to remaining areas in his district not assigned to officers designated by the Commandant as Captain of the Port.

§188.10-7   Chemical stores.

This term means those chemicals intended for use in the performance of the vessel's scientific activities and is further defined in §194.05-3.

§188.10-9   Chemical storeroom.

This term refers to any compartment specifically constructed or modified for the stowage of chemical stores and so designated and identified.

§188.10-11   Chemistry laboratory.

This term includes any space in which experiments are conducted or chemicals are used for scientific purposes in conjunction with the research mission of the vessel, and is so identified.

§188.10-13   Coast Guard District Commander.

This term means an officer of the Coast Guard designated as such by the Commandant to command all Coast Guard activities within the officer's district, which include the inspections, enforcement, and administration of Subtitle II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, and regulations issued under these statutes.

[CGD 95-028, 62 FR 51219, Sept. 30, 1997]

§188.10-15   Coastwise.

Under this designation shall be included all vessels normally navigating the waters of any ocean or the Gulf of Mexico 20 nautical miles or less offshore.

§188.10-17   Combustible liquid.

This term includes any liquid whose flashpoint, as determined by an open cup tester, is above 80 °F.

§188.10-19   Commandant.

This term means the Commandant of the Coast Guard.

§188.10-21   Compressed gas.

This term includes any material or mixture having in the container an absolute pressure exceeding 40 p.s.i. at 70 °F.; or regardless of the pressure at 70 °F., having an absolute pressure exceeding 104 p.s.i. at 130 °F.; or any liquid flammable material having a vapor pressure exceeding 40 p.s.i. absolute at 100 °F. as determined by the Reid method covered by the American Society for Testing Materials Method of Test for Vapor Pressure of Petroleum Products (D-323). Compressed gases are discussed in more detail in 49 CFR parts 171-179.

[CGFR 67-83, 33 FR 1113, Jan. 27, 1968, as amended by CGD 86-033, 53 FR 36026, Sept. 16, 1988]

§188.10-23   Corrosive liquids.

(a) This term includes those acids, alkaline caustic liquids, and other corrosive liquids which, when in contact with living tissues, will cause severe damage of such tissues, by chemical action; or in case of leakage, will materially damage or destroy other freight by chemical action, or are liable to cause fire when in contact with organic matter or with certain chemicals.

(b) A corrosive substance may be:

(1) Solid, such as iodine; or,

(2) Liquid, such as acids, or caustic soda solution; or,

(3) Gaseous, such as chlorine or sulfur dioxide.

§188.10-25   Explosive.

This term means a chemical compound or mixture, the primary purpose of which is to function by explosion; i.e., with substantially instantaneous release of gas and heat. Explosives are discussed in more detail in 49 CFR parts 171-179.

[CGFR 67-83, 33 FR 1113, Jan. 27, 1968, as amended by CGD 86-033, 53 FR 36026, Sept. 16, 1988]

§188.10-27   Flammable liquid.

This term includes any liquid whose flashpoint, as determined by an open cup tester, is 80 °F. or below.

§188.10-31   Great Lakes.

Under this designation shall be included all vessels navigating the Great Lakes.

§188.10-33   Headquarters.

This term means the Commandant (CG-00), Attn: Commandant, U.S. Coast Guard Stop 7000, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7000.

[CGFR 67-83, 33 FR 1113, Jan. 27, 1968, as amended by CGD 88-070, 53 FR 34538, Sept. 7, 1988; USCG-2009-0702, 74 FR 49240, Sept. 25, 2009; USCG-2013-0671, 78 FR 60164, Sept. 30, 2013]

§188.10-35   International voyage.

(a) This section describes those voyages which are considered to be “international voyages” for the purposes of this subchapter.

(b) Except as provided in paragraph (c) of this section, the term “international voyage” as used in this subchapter shall have the same meaning as that contained in Regulation 2(d), Chapter I of the International Convention for Safety of Life at Sea, 1974, i.e., International voyage means a voyage from a country to which the present convention applies to a port outside such country, or conversely.”

(c) The International Convention for Safety of Life at Sea, 1974, does not apply to vessels “solely navigating the Great Lakes of North America and the River St. Lawrence as far east as a straight line drawn from Cap de Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63d Meridian.” Accordingly, such vessels shall not be considered as being on an “international voyage” for the purpose of this subchapter.

(d) In addition, although voyages between the continental United States and Hawaii or Alaska, and voyages between Hawaii and Alaska are not “international voyages” under the provisions of the International Convention for Safety of Life at Sea, 1974, such voyages are similar in nature and shall be considered as “international voyages” for the purposes of this subchapter.

[CGFR 67-83, 33 FR 1113, Jan. 27, 1968, as amended by CGD 80-123, 45 FR 64586, Sept. 30, 1980; CDG 90-008, 55 FR 30664, July 26, 1990]

§188.10-37   Label.

This term means the label required by 49 CFR part 172 to be affixed to containers of explosives or other hazardous materials.

[CGD 86-033, 53 FR 36026, Sept. 16, 1988]

§188.10-39   Lakes, bays, and sounds.

Under this designation shall be included all vessels navigating the waters of any of the lakes, bays, or sounds, other than the waters of the Great Lakes.

§188.10-41   Liquefied compressed gas.

This term means a gas which, under the charged pressure, is partially liquid at a temperature of 70 °F.

§188.10-43   Liquefied flammable gas.

This term means any flammable gas having a Reid vapor pressure exceeding 40 p.s.i. which has been liquefied.

§188.10-45   Marine inspector or inspector.

These terms mean any person from the civilian or military branch of the Coast Guard assigned under the superintendence and direction of an Officer in Charge, Marine Inspection, or any other person as may be designated for the performance of duties with respect to the inspections, enforcement, and administration of Subtitle II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, and regulations issued under these statutes.

[CGD 95-028, 62 FR 51219, Sept. 30, 1997]

§188.10-49   Numbered vessel.

This term means a vessel which is numbered under the provisions of 46 U.S.C. Chapter 123.

[CGD 95-028, 62 FR 51219, Sept. 30, 1997]

§188.10-51   Ocean.

Under this designation shall be included all vessels navigating the waters of any ocean, or the Gulf of Mexico more than 20 nautical miles offshore.

§188.10-53   Oceanographic research vessel.

The term oceanographic research vessel means a vessel that the Secretary finds is being employed only in instruction in oceanography or limnology, or both, or only in oceanographic or limnological research, including those studies about the sea such as seismic, gravity meter, and magnetic exploration and other marine geophysical or geological surveys, atmospheric research, and biological research.

[CGD 84-069, 61 FR 25312, May 20, 1996]

§188.10-55   Officer in Charge, Marine Inspection.

This term means any person from the civilian or military branch of the Coast Guard designated as such by the Commandant and who, under the superintendence and direction of the Coast Guard District Commander, is in charge of an inspection zone for the performance of duties with respect to the inspections, enforcement, and administration of Subtitle II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, and regulations issued under these statutes.

[CGD 95-028, 62 FR 51219, Sept. 30, 1997]

§188.10-56   Pilot boarding equipment and point of access.

(a) Pilot boarding equipment means a pilot ladder, accomodation ladder, pilot hoist, or combination of them as required by this subchapter.

(b) Point of access means the place on deck of a vessel where a person steps onto or off of pilot boarding equipment.

[CGD 79-032, 49 FR 25455, June 21, 1984]

§188.10-57   Portable tank.

This phrase means a container having a capacity greater than 110 gallons, which is independent of the vessel's structure.

§188.10-59   Recognized classification society.

This term means the American Bureau of Shipping or other classification society recognized by the Commandant.

§188.10-61   Rivers.

Under this designation shall be included all vessels whose navigation is restricted to rivers and/or canals exclusively, and to such other waters as may be so designated by the Coast Guard District Commander.

§188.10-65   Seagoing barge.

A seagoing barge is a nonself-propelled vessel of at least 100 gross tons making voyages beyond the Boundary Line (as defined in 46 CFR part 7).

[CGD 95-028, 62 FR 51219, Sept. 30, 1997]

§188.10-67   Scientific equipment.

This term means equipment installed or carried on board an oceanographic research vessel and not normally required for the operation of a vessel or its machinery or for the navigation of the vessel, and which is used primarily in the gathering of scientific data or samples or in processing, analyzing, preserving, or storing such data or samples.

[CGFR 67-83, 33 FR 1113, Jan. 27, 1968, as amended by CGD 77-081, 46 FR 56204, Nov. 16, 1981]

§188.10-69   Scientific laboratory.

This term means those spaces on board an oceanographic research vessel used primarily for scientific experimentation or research, and are so identified.

§188.10-71   Scientific personnel.

This term means those persons who are aboard an oceanographic research vessel solely for the purpose of engaging in scientific research, or in instructing, or receiving instruction, in oceanography or limnology, and shall not be considered seamen under the provisions of Title 46, United States Code.

[CGFR 67-83, 33 FR 1113, Jan. 27, 1968, as amended by CGD 77-081, 46 FR 56204, Nov. 16, 1981; CGD 97-057, 62 FR 51050, Sept. 30, 1997]

§188.10-73   Ships' stores and supplies.

This term means any article or substance which is used on board a vessel subject to the appropriate portions of part 147 of Subchapter N (Dangerous Cargoes) of this chapter for the upkeep and maintenance of the vessel; or for the safety or comfort of the vessel, its passengers or crew; or for the operation or navigation of the vessel (except fuel for its own machinery).

[CGFR 67-83, 33 FR 1113, Jan. 27, 1968, as amended by CGD 86-033, 53 FR 36026, Sept. 16, 1988]

§188.10-75   Undocumented vessel.

This term means any vessel which is not required to have, and does not have, a valid marine document issued by the U.S. Coast Guard.

§188.10-77   Vessel.

Where the word “vessel” is used in this subchapter, it shall be considered to include all inspected and certificated oceanographic research vessels as listed in Column 7 of Table 188.05-1(a).

[CGFR 67-83, 33 FR 1113, Jan. 27, 1968, as amended by CGD 77-081, 46 FR 56204, Nov. 16, 1981]



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