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Title 46Chapter ISubchapter CPart 28 → Subpart B


Title 46: Shipping
PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS


Subpart B—Requirements for All Vessels


Contents
§28.100   Applicability.
§28.105   Lifesaving equipment—general requirements.
§28.110   Life preservers or other personal flotation devices.
§28.115   Ring life buoys.
§28.120   Survival craft.
§28.125   Stowage of survival craft.
§28.130   Survival craft equipment.
§28.135   Lifesaving equipment markings.
§28.140   Operational readiness, maintenance, and inspection of lifesaving equipment.
§28.145   Distress signals.
§28.150   Emergency Position Indicating Radio Beacons (EPIRBs).
§28.155   Excess fire detection and protection equipment.
§28.160   Portable fire extinguishers.
§28.165   Injury placard.

§28.100   Applicability.

Each commercial fishing industry vessel must meet the requirements of this subpart, in addition to the requirements of parts 24, 25, and 26 of this chapter.

§28.105   Lifesaving equipment—general requirements.

(a) In addition to the requirements of this subpart, each commercial fishing industry vessel must comply with the requirements of part 25, subpart 25.25 of this chapter.

(b) Except as provided in §28.120(d), each item of lifesaving equipment carried on board a vessel to meet the requirements of this part must be approved by the Commandant. Equipment for personal use which is not required by this part need not be approved by the Commandant.

§28.110   Life preservers or other personal flotation devices.

(a) Except as provided by §28.305 of this chapter, each vessel must be equipped with at least one immersion suit, exposure suit, or wearable personal flotation device of the proper size for each individual on board as specified in table 28.110 and part 25, subpart 25.25 of this chapter. Notwithstanding the provisions of paragraphs (c) and (d) of §25.25-1 of this chapter, each commercial fishing industry vessel propelled by sail or a manned barge employed in commercial fishing activities must meet the requirements of this paragraph.

(b) Each wearable personal flotation device must be stowed so that it is readily accessible to the individual for whom it is intended, from both the individual's normal work station and berthing area. If there is no location accessible to both the work station and the berthing area, an appropriate device must be stowed in both locations.

Table 28.110—Personal Flotation Devices and Immersion Suits

Applicable waters Vessel type Devices required Other regulations
Seaward of the Boundary Line and North of 32°N or South of 32°S; and Lake SuperiorDocumented VesselImmersion suit or exposure suit.28.135; 25.25-9(a); 25.25-13; 25.25-15.
Coastal Waters on the West Coast of the United States north of Point Reyes, CA; Beyond Coastal Waters, cold water; and Lake SuperiorAll vessels......do      Do.
All other waters (Includes all Great Lakes except Lake Superior)40 feet (12.2 meters) or more in lengthType I, Type V commercial hybrid, immersion suit, or exposure suit.128.135; 25.25-5(e); 25.25-5(f); 25.25-9(a); 25.25-13; 25.25-15.
   Less than 40 feet (12.2 meters) in lengthType I, Type II, Type III, Type V commercial hybrid, immersion suit, or exposure suit.1      Do.

1Certain Type V personal flotation devices are approved for substitution for Type I, II, or III personal flotation devices when used in accordance with the conditions stated in the Coast Guard approval table.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 88-079b, 57 FR 34189, Aug. 3, 1992; CGD 95-012, 60 FR 48048, Sept. 18, 1995; USCG-2000-7790, 65 FR 58458, Sept. 29, 2000]

§28.115   Ring life buoys.

(a) Except as provided in paragraph (b) of this section and §28.305, each vessel must be equipped with a throwable flotation device or a ring life buoy as specified in table 28.115. If the vessel is equipped with a ring life buoy, at least one ring life buoy must be equipped with a line which is at least:

(1) 60 feet (18.3 meters) in length for a vessel less than 65 feet (19.8 meters) in length; or

(2) 90 feet (27.4 meters) in length for a vessel 65 feet (19.8 meters) or more in length.

(b) For each vessel less than 65 feet (19.8 meters) in length, an approved 20 inch (0.51 meters) or larger ring life buoy which is in serviceable condition and which was installed on board before September 15, 1991, may be used to meet the requirements of paragraph (a) of this section.

Table 28.115—Throwable Flotation Devices

Vessel lengthDevices required
Less than 16 feet (4.9 meters)None.
16 feet (4.9 meters) or more, but less than 26 feet (7.9 meters)1 buoyant cushion, or ring life buoy (Type IV PFD).
26 feet (7.9 meters) or more, but less than 65 feet (19.8 meters)1 ring life buoy approval number starting with 160.009 or 160.050; orange; at least 24 inch (0.61 meters) size.
65 feet (19.8 meters) or more3 ring life buoys, approval number 160.050; orange; at least 24 inch (0.61 meters) size.

Note: Certain Type V PFDs are approved for use in substitution for Type IV PFDs, when used in accordance with the conditions stated in the Coast Guard approval label.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 47679, Sept. 20, 1991; 56 FR 49822, Oct. 1, 1991; CGD 95-012, 60 FR 48048, Sept. 18, 1995]

§28.120   Survival craft.

(a) Except as provided in paragraphs (b) through (h) of this section and 28.305, each vessel must carry the survival craft specified in table 28.120(a), table 28.120(b), or table 28.120(c), as appropriate for the vessel, in an aggregate capacity to accommodate the total number of individuals on board.

(b) The requirements of this section do not apply to vessels less than 10.97 meters (36 feet) in length with 3 or fewer individuals on board which operate within 12 miles of the coastline.

(c) A buoyant apparatus may be substituted instead of the requirements in this section for vessels 10.97 meters (36 feet) or more in length with 3 or fewer individuals on board which operate within 12 miles of the coastline.

(d) Each survival craft installed on board a vessel before September 15, 1991, may continue to be used to meet the requirements of this section provided the survival craft is—

(1) Of the same type as required in tables 28.120(a), 28.120(b), or 28.120(c), as appropriate for the vessel type; and

(2) Maintained in good and serviceable condition.

(e) Each inflatable liferaft installed on board a vessel before September 15, 1991, may continue to be used to meet the requirements for an approved inflatable liferaft, provided the existing liferaft is—

(1) Maintained in good and serviceable condition as required by table 28.140; and

(2) Equipped with the equipment pack required by tables 28.120(a), 28.120(b), or 28.120(c), as appropriate for the vessel type. Where no equipment pack is specified in tables 28.120(a), 28.120(b), or 28.120(c), a coastal service pack is the minimum required.

(f) A lifeboat may be substituted for any survival craft required by this section, provided it is arranged and equipped in accordance with part 199 of this chapter.

(g) The capacity of an auxiliary craft carried on board a vessel that is integral to and necessary for normal fishing operations will satisfy the requirements of this section for survival craft, except for an inflatable liferaft, provided the craft is readily accessible during an emergency and is capable of safely holding all individuals on board the vessel. If the auxiliary craft is equipped with a Coast Guard required capacity plate, the boat must not be loaded so as to exceed the rated capacity.

(h) A vessel less than 10.97 meters (36 feet) in length that meets the flotation provisions of 33 CFR part 183 is exempt from the requirement for survival craft in paragraph (a) of this section for operation on—

(1) Any waters within 12 miles of the coastline.

(2) Rivers.

Table 28.120(a)—Survival Craft for Documented Vessels

AreaVessel typeSurvival craft required
Beyond 50 miles of coastlineAllInflatable liferaft with SOLAS A pack.
Between 20-50 miles of coastline, cold watersAllInflatable liferaft with SOLAS B pack.
Between 20-50 miles of coastline, warm watersAllInflatable liferaft.
Beyond Boundary Line, between 12-20 miles of coastline, cold watersAllInflatable liferaft.
Beyond Boundary Line, within 12 miles of coastline, cold waters10.97 meters (36 feet) or more in lengthInflatable buoyant apparatus. See note 2.
Beyond Boundary Line, within 12 miles of coastline, cold watersLess than 10.97 meters (36 feet) in lengthBuoyant apparatus.
See note 2.
Beyond Boundary Line, within 20 miles of coastline, warm watersAllLife float. See note 2.
Inside Boundary Line, cold waters; or Lakes, bays, sounds, cold waters; or Rivers, cold waters10.97 meters (36 feet) or more in lengthInflatable buoyant apparatus.
See note 2.
Inside Boundary Line, cold waters; or Lakes, bays, sounds, cold waters; or Rivers, cold watersLess than 10.97 meters (36 feet) in lengthBuoyant apparatus.
See note 2.
Inside Boundary Line, warm waters; or Lakes, bays, sounds, warm waters; or Rivers, warm watersAllNone.
Great Lakes, cold waters10.97 meters (36 feet) or more in lengthInflatable buoyant apparatus.
See note 2.
Great Lakes, cold watersLess than 10.97 meters (36 feet) in lengthBuoyant apparatus.
See note 2.
Great Lakes, beyond 3 miles of coastline, warm watersAllBuoyant apparatus. See note 2.
Great Lakes, within 3 miles of coastline, warm watersAllNone.

Note: 1. The hierarchy of survival craft in descending order is lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft with SOLAS B pack, inflatable liferaft with coastal service pack, inflatable buoyant apparatus, life float, buoyant apparatus. A survival craft higher in the hierarchy may be substituted for any survival craft required in this table.

2. If a vessel carriers 3 or fewer individuals within 12 miles of the coastline, see §28.120 (b) and (c) for carriage substitution.

Table 28.120(b)—Survival Craft for Undocumented Vessels With Not More Than 16 Individuals on Board

AreaVessel typeSurvival craft required
Beyond 20 miles of coastlineAllInflatable buoyant apparatus.
Beyond Boundary Line, between 12-20 miles of coastline, cold watersAllInflatable buoyant apparatus.
Beyond Boundary Line, within 12 miles of coastline, cold waters10.97 meters (36 feet) or more in lengthBuoyant apparatus.
Beyond Boundary Line, within 12 miles of coastline, cold watersLess than 10.97 meters (36 feet) in lengthBuoyant apparatus.
See note 2.
Beyond Boundary Line, within 20 miles of coastline, warm watersAllLife float. See note 2.
Inside Boundary Line, cold waters; or Lakes, bays, sounds, cold waters; or rivers, cold water10.97 meters (36 feet) or more in lengthBuoyant apparatus.
Inside Boundary Line, cold waters; or Lakes, bays, sounds, cold waters; or Rivers, cold waterLess than 10.97 meters (36 feet) in lengthBuoyant apparatus
See note 2.
Inside Boundary Line, warm waters; or Lakes, bays, sounds, warm waters; or Rivers, warm watersAllNone.
Great Lakes, cold watersAllBuoyant apparatus.
See note 2.
Great Lakes, beyond 3 miles of coastline warm watersAllBuoyant apparatus.
See note 2.
Great Lakes, within 3 miles of coastline warm watersAllNone.

Note: 1. The hierarchy of survival craft in descending order is lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft with SOLAS B pack, inflatable liferaft with coastal service pack, inflatable buoyant apparatus, life float, buoyant apparatus. A survival craft higher in the hierarchy may be substituted for any survival craft required in this table.

2. If a vessel carries 3 or fewer individuals within 12 miles of the coastline, see §28.120 (b) and (c) for carriage substitution.

Table 28.120(c)—Survival Craft for Undocumented Vessels With More Than 16 Individuals on Board

AreaVessel typeSurvival craft required
Beyond 50 miles of coastlineAllInflatable liferaft with SOLAS A pack.
Between 20-50 miles of coastline, cold watersAllInflatable liferaft with SOLAS B pack.
Between 20-50 miles of coastline, warm watersAllInflatable liferaft.
Beyond Boundary Line, between 12-20 miles of coastline, cold watersAllInflatable liferaft.
Beyond Boundary Line, within 12 miles of coastline, cold waters10.97 meters (36 feet) or more in lengthInflatable buoyant apparatus.
Beyond Boundary Line, within 12 miles of coastline, cold watersLess than 10.97 meters (36 feet) in lengthBuoyant apparatus.
Beyond Boundary Line, within 20 miles of coastline, warm watersAllLife float.
Inside Boundary Line, cold waters; or Lakes, bays, sounds, cold waters; or Rivers, cold waters10.97 meters (36 feet) or more in lengthInflatable buoyant apparatus.
Inside Boundary Line, cold waters; or Lakes, bays, sounds, cold waters; or Rivers, cold watersLess than 10.97 meters (36 feet) in lengthBuoyant apparatus.
Inside Boundary Line, warm waters; or Lakes, bays, sounds, warm waters; or Rivers, warm watersAllNone.
Great Lakes, cold waters10.97 meters (36 feet) or more in lengthInflatable buoyant apparatus.
Great Lakes, cold watersLess than 10.97 meters (36 feet) in lengthBuoyant apparatus.
Great Lakes, beyond 3 miles of coastline warm watersAllBuoyant apparatus.
Great Lakes, within 3 miles of coastline warm watersAllNone.

Note: 1. The hierarchy of survival craft in descending order is lifeboat, liferaft with SOLAS A pack, Inflatable liferaft with SOLAS A pack, liferaft with SOLAS B pack, Inflatable liferaft with SOLAS B pack, Inflatable liferaft with coastal service pack, inflatable buoyant apparatus, life float, buoyant apparatus. A survival craft higher in the hierarchy may be substituted for any survival craft required in this table.

[CGD 96-046, 61 FR 57273, Nov. 5, 1996; CGD 96-046, 61 FR 68162, Dec. 27, 1996, as amended by CGD 96-046, 62 FR 46676, Sept. 4, 1997; USCG-2002-13058, 67 FR 61278, Sept. 30, 2002; USCG-2014-0688, 79 FR 58279, Sept. 29, 2014]

§28.125   Stowage of survival craft.

(a) Each inflatable liferaft required to be equipped with a SOLAS A or a SOLAS B equipment pack must be stowed so as to float free and automatically inflate in the event the vessel sinks.

(b) Each inflatable liferaft, inflatable buoyant apparatus, and any auxiliary craft used in their place, must be kept readily accessible for launching or be stowed so as to float free in the event the vessel sinks.

(c) Each hydrostatic release unit used in a float-free arrangement must be approved under part 160, subpart 160.062 of this chapter.

(d) Each float-free link used with a buoyant apparatus or with a life float must be certified to meet part 160, subpart 160.073 of this chapter.

§28.130   Survival craft equipment.

(a) General. Each item of survival craft equipment must be of good quality, effective for the purpose it is intended to serve, and secured to the craft.

(b) Inflatable liferafts. Each inflatable liferaft must have one of the following equipment packs as shown by the markings on its container:

(1) Coastal Service;

(2) SOLAS B Pack (formerly “Limited Service”); or

(3) SOLAS A Pack (formerly “Ocean Service”).

(c) Each life float and buoyant apparatus must be fitted with a lifeline, pendants, a painter, and a floating electric water light approved under part 161 subpart 161.010 of this chapter.

(d) Other survival craft. A vessel must not carry survival craft other than inflatable liferafts, life floats, inflatable buoyant apparatus, or buoyant apparatus, such as lifeboats or rigid liferafts, unless the survival craft and launching equipment comply with the requirements for installation, arrangement, equipment, and maintenance contained in 46 CFR part 199.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 84-069, 63 FR 52813, Oct. 1, 1998]

§28.135   Lifesaving equipment markings.

(a) Except as provided in paragraph (d) of this section, lifesaving equipment carried aboard a vessel pursuant to the requirements of this subpart or part 25, subpart 25.25 of this chapter must be marked as specified in table 28.135.

(b) Lettering used in lifesaving equipment markings must be in block capital letters.

(c) Retroreflective markings required by this section must be with material approved under part 164, subpart 164.018 of this chapter. The arrangement of the retroreflective material must meet IMO Resolution A.658(16).

(d) A wearable personal flotation device must be marked with the name of either the vessel, the owner of the device, or the individual to whom it is assigned.

Table 28.135—Lifesaving Equipment Markings

ItemMarkings Required
Name of vesselRetroreflective material
Wearable personal flotation device (Type I, II, III, or wearable Type V); Immersion suit or exposure suitSee §28.135(d)Type I or Type II.
Ring life buoyXType II.
Inflatable liferaftSee noteSee note.
Inflatable buoyant apparatusSee noteSee note.
Life floatXType II.
Buoyant apparatusXType II.
Auxiliary craftXType II.
EPIRBXType II.

Note: No marking other than that provided by the manufacturer and the servicing facility is required.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991, as amended by CGD 95-012, 60 FR 48048, Sept. 18, 1995; USCG-2014-0688, 79 FR 58279, Sept. 29, 2014]

§28.140   Operational readiness, maintenance, and inspection of lifesaving equipment.

(a) The master or individual in charge of a vessel must ensure that each item of lifesaving equipment must be in good working order, ready for immediate use, and readily accessible before the vessel leaves port and at all times when the vessel is operated.

(b) Each item of lifesaving equipment, including unapproved equipment, must be maintained and inspected in accordance with:

(1) Table 28.140 in this section;

(2) The servicing procedure under the subpart of this chapter applicable to the item's approval; and

(3) The manufacturer's guidelines.

(c) An inflatable liferaft or inflatable buoyant apparatus must be serviced no later than the month and year on its servicing sticker affixed under 46 CFR 160.151-57(n), and whenever the container is damaged or the container straps or seals are broken. It must be serviced at a facility specifically approved by the Commandant for the particular brand.

(d) An escape route from a space where an individual may be employed or an accommodation space must not be obstructed.

Table 28.140—Scheduled Maintenance and Inspection of Lifesaving Equipment

Item Interval Regulation
Monthly Annually
(1) Inflatable wearable personal flotation device (Type V commercial hybrid)Servicing28.140
(2) Personal flotation devices, exposure suits and immersion suitsInspect, clean and repair as necessary28.140
(3) Buoyant apparatus and life floatsInspect, clean and repair as necessary28.140
(4) Inflatable liferaftServicing128.140
(5) Inflatable buoyant apparatusServicing128.140
(6) Hydrostatic releaseServicing128.140
(7) Disposable hydrostatic releaseReplace on or before expiration date28.140
(8) Undated batteriesReplace28.140
(9) Dated batteries2 and other itemsReplace on or before expiration date25.26-50, 28.140
(10) EPIRBTest25.26-50

1For a new liferaft or inflatable buoyant apparatus, the first annual servicing may be deferred to two years from the date of first packing if so indicated on the servicing sticker.

2Water activated batteries must be replaced whenever they are used.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991, as amended at USCG-2001-11118, 67 FR 58540, Sept. 17, 2002; USCG-2004-18884, 69 FR 58344, Sept. 30, 2004]

§28.145   Distress signals.

Except as provided by 28.305, each vessel must be equipped with the distress signals specified in table 28.145.

Table 28.145—Distress Signals

Area Devices required
Ocean, more than 50 miles from coastline3 parachute flares, approval series 160.136; plus 6 hand flares, approval series 160.121; plus 3 smoke signals, approval series 160.122.
Ocean, 3-50 miles from the coastline; or more than 3 miles from the coastline on the Great Lakes3 parachute flares, approval series 160.136, or 160.036; plus 6 hand flares, approval series 160.121 or 160.021; plus 3 smoke signals, approval series 160.122, 160.022, or 160.037.
Coastal waters, excluding the Great Lakes; or within 3 miles of the coastline on the Great LakesNight visual distress signals consisting of one electric distress light, approval series 161.013 or 3 approved flares; plus Day visual distress signals consisting of one distress flag, approval series 160.072, or 3 approved flares, or 3 approved smoke signals.1

1If flares are carried, the same 3 flares may be counted toward meeting both the day and night requirement.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended at 60 FR 48048, Sept. 18, 1995; USCG-2000-7790, 65 FR 58458, Sept. 29, 2000]

§28.150   Emergency Position Indicating Radio Beacons (EPIRBs).

Each vessel must be equipped with an emergency position indicating radio beacon (EPIRB) as required by 46 CFR part 25, subpart 25.26.

Note: Each vessel which uses radio communication equipment must have a Ship Radio Station License issued by the Federal Communications Commission, as set forth in 47 CFR part 80.

§28.155   Excess fire detection and protection equipment.

(a) Use of non-approved fire detection systems may be acceptable as excess equipment provided that—

(1) Components are listed and labeled by an independent, nationally recognized testing laboratory (NRTL) as set forth in 29 CFR 1910.7, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer's specific guidance; and

(2) The system and units remain functional as intended.

(b) The regulations in this section have preemptive effect over State or local regulation within the same field.

[USCG-2012-0196, 81 FR 48247, July 22, 2016]

§28.160   Portable fire extinguishers.

(a) Each vessel must meet the requirements of part 25, subpart 25.30 of this chapter.

(b) Each vessel 65 feet (19.8 meters) or more in length must be equipped with the minimum number, location, and type of portable fire extinguishers specified in table 28.160.

(c) Semi-portable extinguishers must be located in the open so as to be readily seen.

(d) Table 28.160 of this section indicates the minimum required classification for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table.

(e) The regulations in this section have preemptive effect over State or local regulation within the same field.

Table 28.160—Portable Fire Extinguishers for Vessels 65 Feet (19.8 Meters) or More in Length

SpaceMinimum
required
rating
Quantity and location
Safety areas, communicating corridors2-A1 in each main corridor not more than 150 ft (45.7m) apart. (May be located in stairways.)
Pilothouse20-B:C2 in the vicinity of the exit.
Service spaces, galleys40-B:C1 for each 2,500 sq ft (232.2 sq m) or fraction thereof suitable for hazards involved.
Paint lockers40-B1 outside space in the vicinity of the exit.
Accessible baggage and storerooms2-A1 for each 2,500 sq ft (232.2 sq m) or fraction thereof located in the vicinity of the exits, either inside or outside the spaces.
Workshops and similar spaces2-A1 outside the space in the vicinity of the exit.
Machinery spaces; Internal combustion propelling machinery40-B:C1 for each 1,000 brake horsepower or fraction thereof but not fewer than 2 or more than 6.
Electric propulsion motors or generator unit of open type40-B:C1 for each propulsion motor generator unit.
Auxiliary spaces40-B:C1 outside the space in the vicinity of the exit.
Internal combustion machinery40-B:C1 outside the space in the vicinity of the exit.
Electric emergency motors or generators40-B:C1 outside the space in the vicinity of the exit.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991; 56 FR 47679, Sept. 20, 1991, as amended by USCG-2012-0196, 81 FR 48247, July 22, 2016]

§28.165   Injury placard.

Each vessel must have posted in a highly visible location accessible to the crew a placard measuring at least 5 inches by 7 inches (127 millimeters by 178 millimeters) which reads:

Notice

Report All Injuries

United States law, 46 United States Code 10603, requires each seaman on a fishing vessel, fish processing vessel, or fish tender vessel to notify the master or individual in charge of the vessel or other agent of the employer regarding any illness, disability, or injury suffered by the seaman when in service to the vessel not later than seven days after the date on which the illness, disability, or injury arose.

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