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Electronic Code of Federal Regulations

e-CFR data is current as of December 11, 2019

Title 46Chapter ISubchapter TPart 176 → Subpart I


Title 46: Shipping
PART 176—INSPECTION AND CERTIFICATION


Subpart I—International Convention for Safety of Life at Sea, 1974, as Amended (SOLAS)


Contents
§176.900   Applicability.
§176.910   Passenger Ship Safety Certificate.
§176.920   Exemptions.
§176.925   Safety Management Certificate.
§176.930   Equivalents.

§176.900   Applicability.

(a) Except as otherwise provided in this subpart, a mechanically propelled vessel of the United States, which is certificated for or carries more than 12 passengers on international voyages must be in compliance with the applicable requirements of the International Convention for Safety of Life at Sea, 1974, as Amended (SOLAS), to which the United States Government is currently a party.

(b) SOLAS does not apply to a vessel solely navigating the Great Lakes and the St. Lawrence River as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd Meridian.

[CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended by USCG-2007-0030, 75 FR 78087, Dec. 14, 2010]

§176.910   Passenger Ship Safety Certificate.

(a) A vessel, which carries more than 12 passengers on an international voyage must have a valid SOLAS Passenger Ship Safety Certificate. The Commandant authorizes the cognizant OCMI to issue the original SOLAS Passenger Ship Safety Certificate after receiving notification from the cognizant OCMI that the vessel complies with the applicable SOLAS regulations. Subsequent SOLAS Passenger Ship Safety Certificates are issued by the cognizant OCMI unless any changes to the vessel or its operations have occurred which changes the information on the certificate, in which case the Commandant will authorize the cognizant OCMI to reissue the certificate.

(b) The route specified on the Certificate of Inspection and the SOLAS Passenger Ship Safety Certificate must agree.

(c) A SOLAS Passenger Ship Safety Certificate is issued for a period of not more than 12 months.

(d) The SOLAS Passenger Ship Safety Certificate may be withdrawn, revoked, or suspended at any time when the vessel is not in compliance with applicable SOLAS requirements.

[CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended by USCG-2007-0030, 75 FR 78087, Dec. 14, 2010]

§176.920   Exemptions.

(a) In accordance with Chapter I (General Provisions) Regulation 4, of SOLAS, the Commandant may exempt a vessel, which is not normally engaged on an international voyage but that in exceptional circumstances is required to undertake a single international voyage from any of the requirements of the regulations of SOLAS provided that the vessel complies with safety requirements that are adequate, in the Commandant's opinion, for the voyage that is to be undertaken.

(b) In accordance with Chapter II-1 (Construction—Subdivision and Stability, Machinery and Electrical Installations) Regulation 1, Chapter II-2 (Construction—Fire Protection, Fire Detection and Fire Extinction) Regulation 1, and Chapter III (Life Saving Appliances and Arrangements) Regulation 2 of SOLAS, the Commandant may exempt a vessel that does not proceed more than 20 miles from the nearest land from any of the specific requirements of Chapters II-1, II-2, and III of SOLAS if the Commandant determines that the sheltered nature and conditions of the voyage are such as to render the application of such requirements unreasonable or unnecessary.

(c) The Commandant may exempt a vessel from requirements of the regulations of SOLAS in accordance with paragraphs (a) and (b) of this section upon a written request from the owner or managing operator submitted to the Commandant via the cognizant OCMI.

(d) When the Commandant grants an exemption to a vessel in accordance with this section, the Commandant will authorize the cognizant OCMI to issue the original SOLAS Exemption Certificate describing the exemption. Subsequent SOLAS Exemption Certificates are issued by the cognizant OCMI unless any changes to the vessel or its operations have occurred that changes the information on the SOLAS Exemption or Passenger Ship Safety Certificates, in which case the Commandant will authorize the cognizant OCMI to reissue the certificate. A SOLAS Exemption Certificate is not valid for longer than the period of the SOLAS Passenger Ship Safety Certificate to which it refers.

[CGD 85-080, 61 FR 953, Jan. 10, 1996; 61 FR 20557, May 7, 1996, as amended by USCG-2007-0030, 75 FR 78087, Dec. 14, 2010]

§176.925   Safety Management Certificate.

(a) All vessels that carry more than 12 passengers on an international voyage must have a valid Safety Management Certificate and a copy of their company's valid Document of Compliance certificate on board.

(b) All such vessels must meet the applicable requirements of 33 CFR part 96.

(c) A Safety Management Certificate is issued for a period of not more than 60 months.

[CGD 95-073, 62 FR 67515, Dec. 24, 1997]

§176.930   Equivalents.

As outlined in Chapter I (General Provisions) Regulation 5, of SOLAS, the Commandant may accept an equivalent to a particular fitting, material, apparatus, or any particular provision required by SOLAS regulations if satisfied that such equivalent is at least as effective as that required by the regulations. An owner or managing operator of a vessel may submit a request for the acceptance of an equivalent following the procedures in §175.540 of this chapter. The acceptance of an equivalent must be indicated on the vessel's SOLAS Passenger Ship Safety Certificate or Safety Management Certificate, as appropriate.

[CGD 95-073, 62 FR 67515, Dec. 24, 1997, as amended by USCG-2007-0030, 75 FR 78087, Dec. 14, 2010]

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