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e-CFR data is current as of October 22, 2020

Title 46Chapter ISubchapter M → Part 140


Title 46: Shipping


PART 140—OPERATIONS


Contents

Subpart A—General

§140.100   Purpose.
§140.105   Applicability and delayed implementation for existing vessels.

Subpart B—General Operational Safety

§140.205   General vessel operation.
§140.210   Responsibilities of the master and crew.

Subpart C [Reserved]

Subpart D—Crew Safety

§140.400   Personnel records.
§140.405   Emergency duties and duty stations.
§140.410   Safety orientation.
§140.415   Orientation for individuals that are not crewmembers.
§140.420   Emergency drills and instruction.
§140.425   Fall overboard prevention.
§140.430   Wearing of work vests.
§140.435   First aid equipment.

Subpart E—Safety and Health

§140.500   General.
§140.505   General health and safety requirements.
§140.510   Identification and mitigation of health and safety hazards.
§140.515   Training requirements.

Subpart F—Vessel Operational Safety

§140.600   Applicability.
§140.605   Vessel stability.
§140.610   Hatches and other openings.
§140.615   Examinations and tests.
§140.620   Navigational safety equipment.
§140.625   Navigation underway.
§140.630   Lookout.
§140.635   Navigation assessment.
§140.640   Pilothouse resource management.
§140.645   Navigation safety training.
§140.650   Operational readiness of lifesaving and fire suppression and detection equipment.
§140.655   Prevention of oil and garbage pollution.
§140.660   Vessel security.
§140.665   Inspection and testing required when making alterations, repairs, or other such operations involving riveting, welding, burning, or like fire-producing actions.
§140.670   Use of auto pilot.

Subpart G—Navigation and Communication Equipment

§140.700   Applicability.
§140.705   Charts and nautical publications.
§140.710   Marine radar.
§140.715   Communications equipment.
§140.720   Navigation lights, shapes, and sound signals.
§140.725   Additional navigation equipment.

Subpart H—Towing Safety

§140.800   Applicability.
§140.801   Towing gear.
§140.805   Towing safety.
§140.820   Recordkeeping for towing gear.

Subpart I—Vessel Records

§140.900   Marine casualty reporting.
§140.905   Official logbooks.
§140.910   Towing vessel record or record specified by TSMS.
§140.915   Items to be recorded.

Subpart J—Penalties

§140.1000   Statutory penalties.
§140.1005   Suspension and revocation.

Authority: 46 U.S.C. 3103, 3301, 3306, 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS Delegation 0170.1.

Source: USCG-2006-24412, 81 FR 40101, June 20, 2016, unless otherwise noted.

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Subpart A—General

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§140.100   Purpose.

This part contains the health, safety, and operational requirements for towing vessels and the crewmembers serving onboard them.

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§140.105   Applicability and delayed implementation for existing vessels.

This part applies to all towing vessels subject to this subchapter.

(a) With the exception §140.500, which has a later implementation date, an existing towing vessel must comply with the requirements in this part no later than either July 20, 2018 or the date the vessel obtains a Certificate of Inspection (COI), whichever date is earlier.

(b) The delayed implementation provisions in paragraph (a) of this section do not apply to a new towing vessel.

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Subpart B—General Operational Safety

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§140.205   General vessel operation.

(a) A vessel must be operated in accordance with applicable laws and regulations and in such a manner as to afford protection against hazards to life, property, and the environment.

(b) Towing vessels with a Towing Safety Management System (TSMS) must be operated in accordance with the TSMS applicable to the vessel.

(c) Vessels must be manned in accordance with the COI. Manning requirements are contained in part 15 of this chapter.

(d) Each crewmember that is required to hold a Merchant Mariner Credential (MMC) must have the credential on board and available for examination at all times when the vessel is operating.

(e) All individuals who are not required to hold an MMC permitted onboard the vessel must have and present on request a valid personal identification that meets the requirements set forth in 33 CFR 101.515.

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§140.210   Responsibilities of the master and crew.

(a) The safety of the towing vessel is the responsibility of the master and includes:

(1) Adherence to the provisions of the COI;

(2) Compliance with the applicable provisions of this subchapter;

(3) Compliance with the TSMS, if one is applicable to the vessel; and

(4) Supervision of all persons onboard in carrying out their assigned duties.

(b) If the master or officer in charge of a navigational watch believes it is unsafe for the vessel to proceed, that an operation endangers the vessel or crew, or that an unsafe condition exists, he or she must ensure that adequate corrective action is taken and must not proceed until it is safe to do so.

(c) Nothing in this subpart may be construed in a manner which limits the master or officer in charge of a navigational watch, at his or her own responsibility, from diverting from the route prescribed in the COI or taking such steps as deemed necessary and prudent to assist vessels in distress or for other emergency conditions.

(d) It is the responsibility of the crew to:

(1) Adhere to the provisions of the COI;

(2) Comply with the applicable provisions of this subchapter;

(3) Comply with the TSMS, if one is applicable to the vessel;

(4) Ensure that the master or officer in charge of a navigational watch is made aware of all known aspects of the condition of the vessel, including:

(i) Those vessels being pushed, pulled, or hauled alongside; and

(ii) Equipment and other accessories used for pushing, pulling, or hauling alongside other vessels.

(5) Minimize any distraction from the operation of the vessel or performance of duty; and

(6) Report unsafe conditions to the master or officer in charge of a navigational watch and take effective action to prevent accidents.

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Subpart C [Reserved]

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Subpart D—Crew Safety

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§140.400   Personnel records.

(a) The master of each towing vessel must keep an accurate list of crewmembers and their assigned positions and responsibilities aboard the vessel.

(b) The master must keep an accurate list of individuals to be carried as persons in addition to the crew and any passengers.

(c) The date and time that a navigation watchstander, including master, officer in charge of a navigational watch, and lookout assumes a watch and is relieved of a watch must be recorded in the towing vessel record (TVR), official logbook, or in accordance with the TSMS applicable to the vessel. If an engineering watch is maintained, comparable records documenting the engineering watch are required.

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§140.405   Emergency duties and duty stations.

(a) Crewmembers must meet the requirements in §§15.405 and 15.1105 of this chapter, as appropriate.

(b) Any towing vessel with alternating watches (shift work) or overnight accommodations must identify the duties and duty stations of each person onboard during an emergency, including:

(1) Responding to fires and flooding;

(2) Responding to emergencies that necessitate abandoning the vessel;

(3) Launching survival craft;

(4) Taking action during heavy weather;

(5) Taking action in the event of a person overboard;

(6) Taking action relative to the tow;

(7) Taking action in the event of failure of propulsion, steering, or control system;

(8) Managing individuals onboard who are not crewmembers;

(9) Managing any other event or condition which poses a threat to life, property, or the environment; and

(10) Responding to other special duties essential to addressing emergencies as determined by the TSMS applicable to the vessel, if a TSMS is used.

(c) The emergency duties and duty stations required by this section must be posted at each operating station and in a conspicuous location in a space commonly visited by crewmembers. If posting is impractical, such as in an open boat, they may be kept onboard in a location readily available to the crew.

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§140.410   Safety orientation.

(a) Personnel must meet the requirements in §§15.405 and 15.1105 of this chapter, as appropriate.

(b) Prior to getting underway for the first time on a particular towing vessel, each crewmember must receive a safety orientation on:

(1) His or her duties in an emergency;

(2) The location, operation, and use of lifesaving equipment;

(3) Prevention of falls overboard;

(4) Personal safety measures;

(5) The location, operation, and use of Personal Protective Equipment;

(6) Emergency egress procedures;

(7) The use and operation of watertight and weathertight closures;

(8) Responsibilities to provide assistance to individuals that are not crewmembers;

(9) How to respond to emergencies relative to the tow; and

(10) Awareness of, and expected response to, any other hazards inherent to the operation of the towing vessel which may pose a threat to life, property, or the environment.

(c) The safety orientation provided to crewmembers who received a safety orientation on another vessel may be modified to cover only those areas unique to the other vessel on which service will occur.

(d) Safety orientations and other crew training must be documented in the TVR, official logbook, or in accordance with the TSMS applicable to the vessel. The entry must include:

(1) The date of the safety orientation or training;

(2) A general description of the safety orientation or training topics;

(3) The name(s) and signature(s) of individual(s) providing the orientation or training; and

(4) The name(s) of the individual(s) receiving the safety orientation or training.

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§140.415   Orientation for individuals that are not crewmembers.

Individuals, who are not crewmembers, on board a towing vessel must receive a safety orientation prior to getting underway or as soon as practicable thereafter, to include:

(a) The location, operation, and use of lifesaving equipment;

(b) Emergency procedures;

(c) Methods to notify crewmembers in the event of an emergency; and

(d) Prevention of falls overboard.

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§140.420   Emergency drills and instruction.

(a) Master's responsibilities. The master of a towing vessel must ensure that drills are conducted and instructions are given to ensure that all crewmembers are capable of performing the duties expected of them during emergencies. This includes abandoning the vessel, recovering persons from the water, responding to onboard fires and flooding, or responding to other threats to life, property, or the environment.

(b) Nature of drills. Each drill must, as far as practicable, be conducted as if there was an actual emergency.

(c) Annual instruction for each crew member. Unless otherwise stated, each crewmember must receive the instruction required by this section annually.

(d) Instructions and drills required. The following instruction and drills are required:

(1) Response to fires, as required by §142.245 of this subchapter;

(2) Launching of a skiff, if listed as an item of emergency equipment to abandon ship or recover a person-overboard;

(3) Instruction on the use of davit-launched liferafts, if installed.

(4) If a rescue boat is installed, instruction on how it must be launched, with its assigned crew aboard, and maneuvered in the water as if during an actual man-overboard situation.

(5) Credentialed mariners holding an officer endorsement do not require instruction in accordance with paragraphs (d)(1), (3), and (4) of this section.

(e) Alternative forms of instruction. (1) Instruction as required by this section may be conducted via an electronic format followed by a discussion and demonstration by a competent individual. This instruction may occur either on board or off the vessel but must include the equipment that is the subject of the instruction.

(2) Instruction as required by this section may be performed in accordance with the TSMS applicable to the vessel, provided that it meets the minimum requirements of this section.

(f) Location of drills, full crew participation, and use of equipment. As far as practicable, drills must take place on board the vessel. They must include:

(1) Participation by all crewmembers; and

(2) Actual use of, or realistic simulation of the use of, emergency equipment.

(g) Recordkeeping. Records of drills and instruction must be maintained in the TVR, official logbook, or in accordance with the TSMS applicable to the vessel. The record must include:

(1) The date of the drill and instruction;

(2) A description of the drill scenario and instruction topics;

(3) The personnel involved.

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§140.425   Fall overboard prevention.

(a) The owner or managing operator of a towing vessel must establish procedures to address fall overboard prevention and recovery of persons in the water, including, but not limited to:

(1) Personal protective equipment;

(2) Safely working on the tow;

(3) Safety while line handling;

(4) Safely moving between the vessel and a tow, pier, structure, or other vessel; and

(5) Use of retrieval equipment.

(b) The owner, managing operator, or master must ensure that all persons on board comply with the policies and procedures in this section.

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§140.430   Wearing of work vests.

(a) Personnel dispatched from the vessel or that are working in an area on the exterior of the vessel without rails and guards must wear a lifejacket meeting requirements in 46 CFR 141.340, an immersion suit meeting requirements in 46 CFR 141.350, or a work vest approved by the Commandant under 46 CFR subpart 160.053. When worn at night, the work vest must be equipped with a light that meets the requirements of 46 CFR 141.340(g)(1). Work vests may not be substituted for the lifejackets required by 46 CFR part 141.

(b) Each storage container containing a work vest must be marked “WORK VEST”.

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§140.435   First aid equipment.

Each towing vessel must be equipped with an industrial type first aid cabinet or kit, appropriate to the size of the crew and operating conditions. Each towing vessel operating on oceans, coastwise, or Great Lakes routes must have a means to take blood pressure readings, splint broken bones, and apply large bandages for serious wounds.

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Subpart E—Safety and Health

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§140.500   General.

(a) No later than July 22, 2019, the owner or managing operator must implement a health and safety plan. The health and safety plan must document compliance with this part and include recordkeeping procedures.

(b) The owner, managing operator, or master must ensure that all persons on board a towing vessel comply with the health and safety plan.

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§140.505   General health and safety requirements.

(a) The owner or managing operator must implement procedures for reporting unsafe conditions and must have records of the activities conducted under this section. The owner or managing operator must maintain records of health and safety incidents that occur on board the vessel, including any medical records associated with the incidents. Upon request, the owner or managing operator must provide crewmembers with incident reports and the crewmember's own associated medical records.

(b) All vessel equipment must be used in accordance with the manufacturer's recommended practice and in a manner that minimizes risk of injury or death. This includes machinery, deck machinery, towing gear, ladders, embarkation devices, cranes, portable tools, and safety equipment.

(c) All machinery and equipment that is not in proper working order (including missing or malfunctioning guards or safety devices) must be removed; made safe through marking, tagging, or covering; or otherwise made unusable.

(d) Personal Protective Equipment (PPE). (1) Appropriate Personal Protective Equipment (PPE) must be made available and on hand for all personnel engaged in an activity that requires the use of PPE.

(2) PPE must be suitable for the vessel's intended service; meet the standards of 29 CFR part 1910, subpart I; and be used, cleaned, maintained, and repaired in accordance with manufacturer's requirements.

(3) All individuals must wear PPE appropriate to the activity being performed;

(4) All personnel engaged in an activity must be trained in the proper use, limitations, and care of the PPE specified by this subpart;

(e) The vessel, including crew's quarters and the galley, must be kept in a sanitary condition.

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§140.510   Identification and mitigation of health and safety hazards.

(a) The owner or managing operator must implement procedures to identify and mitigate health and safety hazards, including but not limited to:

(1) Tools and equipment, including deck machinery, rigging, welding and cutting, hand tools, ladders, and abrasive wheel machinery found on board the vessel;

(2) Slips, trips, and falls;

(3) Working aloft;

(4) Hazardous materials;

(5) Confined space entry;

(6) Blood-borne pathogens and other biological hazards;

(7) Electrical;

(8) Noise;

(9) Falls overboard;

(10) Vessel embarkation and disembarkation (including pilot transfers);

(11) Towing gear, including winches, capstans, wires, hawsers and other related equipment;

(12) Personal hygiene;

(13) Sanitation and safe food handling; and

(14) Potable water supply.

(b) As far as practicable, the owner or managing operator must implement other types of safety control measures before relying on Personal Protective Equipment. These controls may include administrative, engineering, source modification, substitution, process change or controls, isolation, ventilation, or other controls.

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§140.515   Training requirements.

(a) All crewmembers must be provided with health and safety information and training that includes:

(1) Content and procedures of the owner or managing operator's health and safety plan;

(2) Procedures for reporting unsafe conditions;

(3) Proper selection and use of PPE appropriate to the vessel operation;

(4) Safe use of equipment including deck machinery, rigging, welding and cutting, hand tools, ladders, and abrasive wheel machinery found onboard the vessel;

(5) Hazard communication and cargo knowledge;

(6) Safe use and storage of hazardous materials and chemicals;

(7) Confined space entry;

(8) Respiratory protection; and

(9) Lockout/Tagout procedures.

(b) Individuals, other than crewmembers, must be provided with sufficient information or training on hazards relevant to their potential exposure on or around the vessel.

(c) Crewmember training required by this section must be conducted as soon as practicable, but not later than 5 days after employment.

(d) Refresher training must be repeated annually and may be conducted over time in modules covering specific topics. Refresher training may be less comprehensive, provided that the information presented is sufficient to provide employees with continued understanding of workplace hazards. The refresher training of persons subject to this subpart must include the information and training prescribed in this section.

(e) The owner, managing operator, or master must determine the appropriate training and information to provide to each individual permitted on the vessel who is not a crewmember, relative to the expected risk exposure of the individual.

(f) All training required in this section must be documented in owner or managing operator's records.

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Subpart F—Vessel Operational Safety

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§140.600   Applicability.

This subpart applies to all towing vessels unless otherwise specified. Certain vessels remain subject to the navigation safety regulations in 33 CFR part 164.

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§140.605   Vessel stability.

(a) Prior to getting underway, and at all other times necessary to ensure the safety of the vessel, the master or officer in charge of a navigational watch must determine whether the vessel complies with all stability requirements in the vessel's trim and stability book, stability letter, COI, and Load Line Certificate, as applicable.

(b) A towing vessel must be maintained and operated so the watertight integrity and stability of the vessel are not compromised.

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§140.610   Hatches and other openings.

(a) All towing vessels must be operated in a manner that minimizes the risk of down-flooding and progressive flooding.

(b) The master must ensure that all hatches, doors, and other openings designed to be watertight or weather-tight function properly.

(c) The master or officer in charge of a navigational watch must ensure all hatches and openings of the hull and deck are kept tightly closed except:

(1) When access is needed through the opening for transit;

(2) When operating on rivers with a tow, if the master determines the safety of the vessel is not compromised; or

(3) When operating on lakes, bays, and sounds, without a tow during calm weather, and only if the master determines that the safety of the vessel is not compromised.

(d) Where installed, all watertight doors in watertight bulkheads must be closed during the operation of the vessel, unless they are being used for transit between compartments; and

(e) When downstreaming, all exterior openings at the main deck level must be closed.

(f) Decks and bulkheads designed to be watertight or weathertight must be maintained in that condition.

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§140.615   Examinations and tests.

(a) This section applies to a towing vessel not subject to 33 CFR 164.80.

(b) Prior to getting underway, the master or officer in charge of a navigational watch of the vessel must examine and test the steering gear, signaling whistle, propulsion control, towing gear, navigation lights, navigation equipment, and communication systems of the vessel. This examination and testing does not need to be conducted more than once in any 24-hour period.

(c) The results of the examination and testing must be recorded in the TVR, official logbook, or in accordance with the TSMS applicable to the vessel.

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§140.620   Navigational safety equipment.

(a) This section applies to a towing vessel not subject to the requirements of 33 CFR 164.82.

(b) The owner, managing operator, or master of each towing vessel must maintain the required navigational-safety equipment in a fully-functioning, operational condition.

(c) Navigational safety equipment such as radar, gyrocompass, echo depth-sounding or other sounding device, automatic dependent surveillance equipment, or navigational lighting that fails during a voyage must be repaired at the earliest practicable time. The owner, managing operator, or master must consider the state of the equipment (along with such factors as weather, visibility, traffic, and the dictates of good seamanship) when deciding whether it is safe for the vessel to proceed.

(d) The failure and subsequent repair or replacement of navigational safety equipment must be recorded. The record must be made in the TVR, official logbook, or in accordance with the TSMS applicable to the vessel.

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§140.625   Navigation underway.

(a) At all times, the movement of a towing vessel and its tow must be under the direction and control of a master or mate (pilot) properly licensed under subchapter B of this chapter.

(b) The master or officer in charge of a navigational watch must operate the vessel in accordance with the conditions and restrictions stated on the COI and the TSMS applicable to the vessel.

Note to §140.625. Certain towing vessels subject to §140.625 are also subject to the requirements of 33 CFR 164.78.

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§140.630   Lookout.

(a) Throughout the trip or voyage the master and officer in charge of the navigational watch must assess the requirement for a lookout, consistent with 33 CFR 83.05. A lookout in addition to the master or mate (pilot) should be added when necessary to:

(1) Maintain a state of vigilance with regard to any significant change in the operational environment;

(2) Assess the situation and the risk of collision/allision;

(3) Anticipate stranding and other dangers to navigation; and

(4) Detect any other potential hazards to safe navigation.

(b) In determining the requirement for a lookout, the officer in charge of the navigational watch must take full account of relevant factors including, but not limited to: state of weather, visibility, traffic density, proximity of dangers to navigation, and the attention necessary when navigating in areas of increased vessel traffic.

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§140.635   Navigation assessment.

(a) The officer in charge of a navigational watch must conduct a navigation assessment for the intended route and operations prior to getting underway. The navigation assessment must incorporate the requirements of pilothouse resource management of §140.640, assess operational risks, and anticipate and manage workload demands. At a minimum, this assessment must consider:

(1) The velocity and direction of currents in the area being transited;

(2) Water depth, river stage, and tidal state along the route and at mooring location;

(3) Prevailing visibility and weather conditions and changes anticipated along the intended route;

(4) Density (actual and anticipated) of marine traffic;

(5) The operational status of pilothouse instrumentation and controls, to include alarms, communication systems, variation and deviation errors of the compass, and any known nonconformities or deficiencies;

(6) Air draft relative to bridges and overhead obstructions taking tide and river stage into consideration;

(7) Horizontal clearance, to include bridge transits;

(8) Lock transits;

(9) Navigation hazards such as logs, wrecks or other obstructions in the water;

(10) Any broadcast notice to mariners, safety or security zones or special navigation areas;

(11) Configuration of the vessel and tow, including handling characteristics, field of vision from the pilothouse, and activities taking place onboard;

(12) The knowledge, qualifications, and limitations of crewmembers who are assigned as members on watch and the experience and familiarity of crewmembers with the towing vessels particulars and equipment; and

(13) Any special conditions not covered above that impact the safety of navigation.

(b) The officer in charge of a navigational watch must keep the navigation assessment up-to-date to reflect changes in conditions and circumstances. This includes updates during the voyage or trip as necessary. At each change of the navigational watch, the oncoming officer in charge of the navigational watch must review the current navigation assessment for necessary changes.

(c) The officer in charge of a navigational watch must ensure that the navigation assessment and any updates are communicated to other members of the navigational watch.

(d) A navigation assessment entry must be recorded in the TVR, official log, or in accordance with the TSMS applicable to the vessel. The entry must include the date and time of the assessment, the name of the individual making the assessment, and the starting and ending points of the voyage or trip that the assessment covers.

Note to §140.635. Certain towing vessels subject to §140.635 are also subject to the voyage planning requirements of 33 CFR 164.80.

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§140.640   Pilothouse resource management.

(a) The officer in charge of a navigational watch must:

(1) Ensure that other members of the navigational watch have a working knowledge of the navigation assessment required by §140.635, and understand the chain of command, the decision-making process, and the fact that information sharing is critical to the safety of the vessel.

(2) Ensure that the navigation assessment required by §140.635 is complete, updated, communicated and available throughout the trip.

(3) Ensure that watch change procedures incorporate all items listed in paragraph (a)(1) of this section.

(4) Take actions (to include delaying watch change or pausing the voyage) if there is reasonable cause to believe that an oncoming watchstander is not immediately capable of carrying out his or her duties effectively.

(5) Maintain situational awareness and minimize distractions.

(b) Prior to assuming duties as officer in charge of a navigational watch, a person must:

(1) Complete the navigation assessment required by §140.635;

(2) Verify the operational condition of the towing vessel; and

(3) Verify that there are adequate personnel available to assume the watch.

(c) If at any time the officer in charge of a navigational watch is to be relieved when a maneuver or other action to avoid any hazard is taking place, the relief of that officer in charge of a navigational watch must be deferred until such action has been completed.

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§140.645   Navigation safety training.

(a) Prior to assuming duties related to the safe operation of a towing vessel, each crewmember must receive training to ensure that they are familiar with:

(1) Watchstanding terms and definitions;

(2) Duties of a lookout;

(3) Communication with other watchstanders;

(4) Change of watch procedures;

(5) Procedures for reporting other vessels or objects; and

(6) Watchstanding safety.

(b) Crewmember training must be recorded in the TVR, official logbook, or in accordance with the TSMS applicable to the vessel.

(c) Credentialed mariners holding Able Seaman or officer endorsements will be deemed to have met the training requirements in this section.

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§140.650   Operational readiness of lifesaving and fire suppression and detection equipment.

The owner, managing operator, or master of a towing vessel must ensure that the vessel's lifesaving and fire suppression and detection equipment complies with the applicable requirements of parts 141 and 142 of this subchapter and is in good working order.

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§140.655   Prevention of oil and garbage pollution.

(a) Each towing vessel must be operated in compliance with:

(1) Applicable sections of the Federal Water Pollution Control Act, including section 311 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1321);

(2) Applicable sections of the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.); and

(3) Parts 151, 155, and 156, of 33 CFR, as applicable.

(b) Each towing vessel must be capable of preventing all oil spills from reaching the water during transfers by:

(1) Pre-closing the scuppers/freeing ports, if the towing vessel is so equipped;

(2) Using fixed or portable containment of sufficient capacity to contain the most likely spill, if 33 CFR 155.320 does not apply; or

(3) Pre-deploying sorbent material on the deck around vents and fills.

(c) No person may intentionally drain oil or hazardous material into the bilge of a towing vessel from any source. For purposes of this section, “oil” has the same meaning as “oil” defined in 33 U.S.C. 1321.

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§140.660   Vessel security.

Each towing vessel must be operated in compliance with:

(a) The Maritime Transportation Security Act of 2002 (46 U.S.C. Chapter 701); and

(b) 33 CFR parts 101 and 104, as applicable.

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§140.665   Inspection and testing required when making alterations, repairs, or other such operations involving riveting, welding, burning, or like fire-producing actions.

(a) The inspections and issuance of certificates required by this section must be conducted in accordance with the provisions of NFPA 306 (incorporated by reference, see §136.112 of this subchapter) before alterations, repairs, or other operations involving riveting, welding, burning, or other fire producing actions may be made aboard a vessel.

(b) Until an inspection has been made to determine that such operation can be undertaken with safety, no alterations, repairs, or other such operations involving riveting, welding, burning, or like fire-producing actions must be made:

(1) Within or on the boundaries of cargo tanks which have been used to carry combustible liquid or chemicals in bulk;

(2) Within or on the boundaries of fuel tanks; or,

(3) To pipe lines, heating coils, pumps, fittings, or other appurtenances connected to such cargo or fuel tanks.

(c) Such inspections must be made and evidenced as follows:

(1) In ports or places in the United States or its territories and possessions the inspection must be made by a marine chemist certificated by the National Fire Protection Association. However, if the services of such certified marine chemist are not reasonably available, the Officer in Charge, Marine Inspection (OCMI), upon the recommendation of the vessel owner and his or her contractor or their representative, must select a person who, in the case of an individual vessel, must be authorized to make such inspection. If the inspection indicated that such operations can be undertaken with safety, a certificate setting forth the fact in writing and qualified as may be required, must be issued by the certified marine chemist or the authorized person before the work is started. Such qualifications must include any requirements as may be deemed necessary to maintain the safe conditions in the spaces certified throughout the operation and must include such additional tests and certifications as considered required. Such qualifications and requirements must include precautions necessary to eliminate or minimize hazards that may be present from protective coatings or residues from cargoes.

(2) When not in such a port or place, and a marine chemist or such person authorized by the OCMI, is not reasonably available, the inspection must be made by the master or person in charge and a proper entry must be made in the vessel's logbook.

(d) The master or person in charge must secure copies of certificates issued by the certified marine chemist or such person authorized by the OCMI. The master or person in charge must maintain a safe condition on the vessel by full observance of all qualifications and requirements listed by the marine chemist or person authorized by the OCMI in the certificate.

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§140.670   Use of auto pilot.

Except for towing vessels in compliance with requirements in 33 CFR 164.13(d), when an automatic pilot is used in areas of high traffic density, conditions of restricted visibility, or any other hazardous navigational situations, the master must ensure that:

(a) It is possible to immediately establish manual control of the ship's steering;

(b) A competent person is ready at all times to take over steering control; and

(c) The changeover from automatic to manual steering and vice versa is made by, or under, the supervision of the officer in charge of the navigational watch.

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Subpart G—Navigation and Communication Equipment

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§140.700   Applicability.

This subpart applies to all towing vessels unless otherwise specified. Certain towing vessels are also subject to the navigation safety regulations in 33 CFR part 164.

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§140.705   Charts and nautical publications.

(a) This section applies to a towing vessel not subject to the requirements of 33 CFR 164.72.

(b) A towing vessel must carry adequate and up-to-date charts, maps, and nautical publications for the intended voyage, including:

(1) Charts, including electronic charts acceptable to the Coast Guard, of appropriate scale to make safe navigation possible. Towing vessels operating on the Western Rivers must have maps of appropriate scale issued by the Army Corps of Engineers or a river authority;

(2) “U.S. Coast Pilot” or similar publication;

(3) Coast Guard light list; and

(4) Towing vessels that operate the Western Rivers must have river stage(s) or Water Surface Elevations as appropriate to the trip or route, as published by the U.S. Army Corps of Engineers or a river authority, must be available to the person in charge of the navigation watch.

(c) Extracts or copies from the publications listed in paragraph (b) of this section may be carried, so long as they are applicable to the route.

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§140.710   Marine radar.

Requirements for marine radar are set forth in 33 CFR 164.72.

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§140.715   Communications equipment.

(a) Towing vessels must meet the communications requirements of 33 CFR part 26 and 33 CFR 164.72, as applicable.

(b) Towing vessels not subject to the provisions of 33 CFR part 26 or 33 CFR 164.72 must have a Very High Frequency-Frequency Modulated (VHF-FM) radio installed and capable of monitoring VHF-FM Channels 13 and 16, except when transmitting or receiving traffic on other VHF-FM channels, when participating in a Vessel Traffic Service (VTS), or when monitoring a channel of a VTS. The VHF-FM radio must be installed at each operating station and connected to a functioning battery backup.

(c) All towing vessels must have at least one properly operating handheld VHF-FM radio in addition to the radios otherwise required.

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§140.720   Navigation lights, shapes, and sound signals.

Each towing vessel must be equipped with navigation lights, shapes, and sound signals in accordance with the International Regulations for Prevention of Collisions at Sea (COLREGS) or 33 CFR part 84 as appropriate to its area of operation.

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§140.725   Additional navigation equipment.

Towing vessels must be equipped with the following equipment, as applicable to the area of operation:

(a) Fathometer (except Western Rivers).

(b) Search light, controllable from the vessel's operating station and capable of illuminating objects at a distance of at least two times the length of the tow.

(c) Electronic position-fixing device, satisfactory for the area in which the vessel operates, if the towing vessel engages in towing seaward of the navigable waters of the U.S. or more than 3 nautical miles from shore on the Great Lakes.

(d) Illuminated magnetic compass or an illuminated swing-meter (Western Rivers vessels only). The compass or swing-meter must be readable from each operating station.

Note to §140.725. Certain towing vessels subject to §140.725 are also subject to the requirements of 33 CFR 164.72 and Automatic Identification System requirements of 33 CFR 164.46.

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Subpart H—Towing Safety

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§140.800   Applicability.

This subpart applies to all towing vessels unless otherwise specified. Certain vessels are also subject to the navigation safety regulations in 33 CFR parts 163 and 164.

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§140.801   Towing gear.

The owner, managing operator, master or officer in charge of a navigational watch of a towing vessel must ensure the following:

(a) The strength of each component used for securing the towing vessel to the tow and for making up the tow is adequate for its intended service.

(b) The size, material, and condition of towlines, lines, wires, push gear, cables, and other rigging used for making up a tow or securing the towing vessel to a tow must be appropriate for:

(1) The horsepower or bollard pull of the vessel;

(2) The static loads and dynamic loads expected during the intended service;

(3) The environmental conditions expected during the intended service; and

(4) The likelihood of mechanical damage.

(c) Emergency procedures related to the tow have been developed and appropriate training provided to the crew for carrying out their emergency duties.

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§140.805   Towing safety.

Prior to getting underway, and giving due consideration to the prevailing and expected conditions of the trip or voyage, the officer in charge of the navigational watch for a towing vessel must ensure that:

(a) The barges, vessels, or objects making up the tow are properly configured and secured;

(b) Equipment, cargo, and industrial components on board the tow are properly secured and made ready for transit;

(c) The towing vessel is safely and securely made up to the tow; and

(d) The towing vessel has appropriate horsepower or bollard pull and is capable of safely maneuvering the tow.

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§140.820   Recordkeeping for towing gear.

(a) The results of the inspections required by 33 CFR 164.76 must be documented in the TVR, official logbook, or in accordance with the TSMS applicable to the vessel.

(b) A record of the type, size, and service of each towline, face wire, and spring line, used to make the towing vessel fast to her tow, must be available to the Coast Guard or third-party auditor for review. The following minimum information is required in the record: The dates when examinations were performed, the identification of each item of towing gear examined, and the name(s) of the person(s) conducting the examinations.

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Subpart I—Vessel Records

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§140.900   Marine casualty reporting.

Each towing vessel must comply with the requirements of part 4 of this chapter for reporting marine casualties and retaining voyage records.

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§140.905   Official logbooks.

(a) A towing vessel of the United States, except one on a voyage from a port in the United States to a port in Canada, is required by 46 U.S.C. 11301 to have an official logbook if the vessel is:

(1) On a voyage from a port in the United States to a foreign port; or

(2) Of at least 100 gross tons and on a voyage between a port in the United States on the Atlantic Ocean and one on the Pacific Ocean.

(b) The Coast Guard furnishes, without fee, to masters of vessels of the United States, the official logbook as Form CG-706B or CG-706C, depending on the number of persons employed as crew. The first several pages of this logbook list various acts of Congress governing logbooks and the entries required in them.

(c) When a voyage is completed, or after a specified time has elapsed, the master must file the official logbook containing required entries with the cognizant OCMI at or nearest the port where the vessel may be.

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§140.910   Towing vessel record or record specified by TSMS.

(a) This section applies to a towing vessel other than a vessel operating only in a limited geographic area or a vessel required by §140.905 to maintain an official logbook.

(b) A towing vessel subject to this section must maintain a TVR or in accordance with the TSMS applicable to the towing vessel.

(c) The TVR must include a chronological record of events as required by this subchapter. The TVR may be electronic or paper.

(d) Except as required by §§140.900 and 140.905, records do not need to be filed with the Coast Guard, but must be kept available for review by the Coast Guard upon request. Records, unless required to be maintained for a longer period by statute or other federal regulation, must be retained for at least 1 year after the date of the latest entry.

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§140.915   Items to be recorded.

(a) The following list of items must be recorded in the TVR, official logbook, or in accordance with the TSMS applicable to the vessel:

(1) Personnel records, in accordance with §140.400;

(2) Safety orientation, in accordance with §140.410;

(3) Record of drills and instruction, in accordance with §140.420;

(4) Examinations and tests, in accordance with §140.615;

(5) Operative navigational safety equipment, in accordance with §140.620;

(6) Navigation assessment, in accordance with §140.635;

(7) Navigation safety training, in accordance with §140.645;

(8) Oil residue discharges and disposals, in accordance with §140.655;

(9) Record of inspection of towing gear, in accordance with §140.820; and

(10) Fire-detection and fixed fire-extinguishing, in accordance with §142.240.

(b) For the purposes of this subchapter, if items are recorded electronically in a TVR or other record as specified by the TSMS applicable to the towing vessel, these electronic entries must include the date and time of entry and name of the person making the entry. If after an entry has been made, someone responsible for entries determines there is an error in an entry, any entries to correct the error must include the date and time of entry and name of the person making the correction and must preserve a record of the original entry being corrected.

Note to §140.915. For towing vessels subject to 46 U.S.C. 11301, there are statutory requirements in that U.S. Code section for additional items that must be entered in the official logbook. Regarding requirements outside this subchapter, such as requirements in 33 CFR 151.25 to make entries in an oil record book, §140.915 does not change those requirements.

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Subpart J—Penalties

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§140.1000   Statutory penalties.

Violations of the provisions of this subchapter will subject the violator to the applicable penalty provisions of Subtitle II of Title 46, and Title 18, United States Code.

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§140.1005   Suspension and revocation.

An individual is subject to proceedings under the provisions of 46 U.S.C. 7703 and 7704, and part 5 of this chapter with respect to suspension or revocation of a license, certificate, document, or credential if the individual holds a license, certificate of registry, merchant mariner document, or merchant mariner credential and:

(a) Commits an act of misconduct, negligence or incompetence;

(b) Uses or is addicted to a dangerous drug; or

(c) Violates or fails to comply with this subchapter or any other law or regulation intended to promote marine safety; or

(d) Becomes a security risk, as described in 46 U.S.C. 7703.

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