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Electronic Code of Federal Regulations

e-CFR data is current as of December 9, 2019

Title 46Chapter ISubchapter IPart 90 → Subpart 90.10


Title 46: Shipping
PART 90—GENERAL PROVISIONS


Subpart 90.10—Definition of Terms Used in This Subchapter


Contents
§90.10-1   Anniversary date.
§90.10-2   Approved.
§90.10-3   Barge.
§90.10-5   Carrying freight for hire.
§90.10-7   Commandant.
§90.10-9   Coast Guard District Commander.
§90.10-11   Coastwise.
§90.10-12   Gas free.
§90.10-13   Great Lakes.
§90.10-14   Headquarters.
§90.10-15   Industrial personnel.
§90.10-16   Industrial vessel.
§90.10-19   Lakes, bays, and sounds.
§90.10-20   Liftboat.
§90.10-21   Marine inspector or inspector.
§90.10-23   Motorboat.
§90.10-25   Ocean.
§90.10-27   Officer in Charge, Marine Inspection (OCMI).
§90.10-29   Passenger.
§90.10-30   Pilot boarding equipment and point of access.
§90.10-33   Rivers.
§90.10-35   Recognized classification society.
§90.10-36   Seagoing barge.
§90.10-37   Vessel.
§90.10-38   Specially suitable for vehicles.
§90.10-40   Offshore supply vessels.
§90.10-42   Tankerman.

§90.10-1   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 6501, Feb. 9, 2000]

§90.10-2   Approved.

This term means approved by the Commandant unless otherwise stated.

[CGFR 65-50, 30 FR 16974, Dec. 30, 1965. Redesignated by USCG-1999-4976, 65 FR 6501, Feb. 9, 2000]

§90.10-3   Barge.

This term means any nonself-propelled vessel.

[CGFR 65-50, 30 FR 16974, Dec. 30, 1965. Redesignated by USCG-1999-4976, 65 FR 6501, Feb. 9, 2000]

§90.10-5   Carrying freight for hire.

The carriage of any goods, wares, or merchandise or any other freight for a valuable consideration whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person interested in the vessel.

§90.10-7   Commandant.

This term means the Commandant of the Coast Guard.

§90.10-9   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 inspection, 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 51205, Sept. 30, 1997]

§90.10-11   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.

§90.10-12   Gas free.

This term means free from dangerous concentrations of flammable or toxic gases.

§90.10-13   Great Lakes.

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

§90.10-14   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 67-90, 33 FR 1015, Jan. 26, 1968, as amended by CGD 88-070, 53 FR 34534, Sept. 7, 1988; USCG-2013-0671, 78 FR 60150, Sept. 30, 2013]

§90.10-15   Industrial personnel.

This term means every person carried on board an industrial vessel for the sole purpose of carrying out the industrial business or functions of the industrial vessel. Examples of industrial personnel include tradesmen, such as mechanics, plumbers, electricians, and welders; laborers, such as wreckers and construction workers; and other persons, such as supervisors, engineers, technicians, drilling personnel, and divers.

[CGFR 67-90, 33 FR 1015, Jan. 26, 1968]

§90.10-16   Industrial vessel.

This term means every vessel which by reason of its special outfit, purpose, design, or function engages in certain industrial ventures. Included in this classification are such vessels as drill rigs, missile range ships, dredges, cable layers, derrick barges, pipe lay barges, construction and wrecking barges. Excluded from this classification are vessels carrying freight for hire or engaged in oceanography, limnology, or the fishing industry.

[CGFR 67-90, 33 FR 1015, Jan. 26, 1968]

§90.10-19   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.

§90.10-20   Liftboat.

Liftboat means an offshore supply vessel with moveable legs capable of raising its hull above the surface of the sea.

[CGD 82-004a, 55 FR 2525, Jan. 25, 1990, as amended by USCG-2014-0688, 79 FR 58282, Sept. 29, 2014]

§90.10-21   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 inspection, 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 51205, Sept. 30, 1997]

§90.10-23   Motorboat.

This term means any vessel indicated in Column 5 of table 90.05-1(a) 65 feet in length or less which is propelled by machinery (including steam). The length shall be measured from end to end over the deck excluding sheer. This term includes a boat temporarily or permanently equipped with a detachable motor. For the purpose of this subchapter, motorboats are included under the term “vessel” unless specifically noted otherwise. The various classes of motorboats are as follows:

Class A—Any motorboat less than 16 feet in length.

Class 1—Any motorboat 16 feet or over and less than 26 feet in length.

Class 2—Any motorboat 26 feet or over and less than 40 feet in length.

Class 3—Any motorboat 40 feet or over and not more than 65 feet in length.

[CGFR 65-50, 30 FR 16970, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51205, Sept. 30, 1997]

§90.10-25   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.

§90.10-27   Officer in Charge, Marine Inspection (OCMI).

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 51205, Sept. 30, 1997]

§90.10-29   Passenger.

(a) The term passenger means—

(1) On an international voyage, every person other than—

(i) The master and the members of the crew or other persons employed or engaged in any capacity on board a vessel on the business of that vessel; and

(ii) A child under 1 year of age.

(2) On other than an international voyage, an individual carried on the vessel, except—

(i) The owner or an individual representative of the owner or, in the case of a vessel under charter, an individual charterer or individual representative of the charterer;

(ii) The master; or

(iii) A member of the crew engaged in the business of the vessel who has not contributed consideration for carriage and who is paid for onboard services.

(b) The term passenger for hire means a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel.

[CGD 84-069, 61 FR 25288, May 20, 1996]

§90.10-30   Pilot boarding equipment and point of access.

(a) Pilot Boarding Equipment means a pilot ladder, accommodation 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]

§90.10-33   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.

§90.10-35   Recognized classification society.

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

§90.10-36   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). The phrase nonself-propelled vessel means a vessel without sufficient means for self-propulsion and is required to be towed.

[CGFR 65-50, 30 FR 16970, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51206, Sept. 30, 1997]

§90.10-37   Vessel.

Where the word vessel is used in this subchapter, it shall be considered to include all vessels indicated in Column 5 of Table 90.05-1(a), except as otherwise noted in this subpart.

§90.10-38   Specially suitable for vehicles.

A space which is specially suitable for vehicles is one designed for the carriage of automobiles or other self-propelled vehicles with batteries connected and fuel tanks containing gasoline on vessels on ocean or unlimited coastwise voyages. Requirements for the design and protection of spaces “specially suitable for vehicles” appear in subparts 92.15, 95.05, 95.15, 96.05, 97.36, 97.37, and 97.80 of this subchapter. In addition, preparation of automobiles prior to carriage, with the exception of disconnecting battery cables, must be in accordance with the applicable provisions of 49 CFR 176.905.

[CGFR 66-33, 31 FR 15284, Dec. 5, 1966, as amended by CGD 86-033, 53 FR 36025, Sept. 16, 1988]

§90.10-40   Offshore supply vessels.

(a) An offshore supply vessel is a vessel that is propelled by machinery other than steam, that is of 15 gross tons or more, and that regularly carries goods, supplies or equipment in support of exploration, exploitation, or production of offshore mineral or energy resources.

(b) An existing offshore supply vessel is one that is—

(1) Of at least 15 GRT but less than 500 GRT (6,000 GT ITC if GRT is not assigned) as defined in §125.160 of this chapter, contracted for, or the keel of which was laid, before March 15, 1996; or

(2) Of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) as defined in §125.160 of this chapter, contracted for, or the keel of which was laid, before August 18, 2014.

(c) A new offshore supply vessel is one—

(1) That is of at least 15 GRT but less than 500 GRT (6,000 GT ITC if GRT is not assigned) as defined in §125.160 of this chapter, and was contracted for, or the keel of which was laid, on or after March 15, 1996;

(2) That is of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) as defined in §125.160 of this chapter, and was contracted for, or the keel of which was laid, on or after August 18, 2014; or

(3) That underwent a major conversion initiated on or after March 15, 1996.

[CGD 82-004 and CGD 86-074, 62 FR 49321, Sept. 19, 1997, as amended by USCG-2012-0208, 79 FR 48925, Aug. 18, 2014]

§90.10-42   Tankerman.

The following ratings are established in part 13 of this chapter. The terms for the ratings identify persons holding valid merchant mariners' documents for service in the ratings issued under that part:

(a) Tankerman-PIC.

(b) Tankerman-PIC (Barge).

(c) Restricted Tankerman-PIC.

(d) Restricted Tankerman-PIC (Barge)

(e) Tankerman-Assistant.

(f) Tankerman-Engineer.

[CGD 79-116, 60 FR 17157, Apr. 4, 1995]

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