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e-CFR data is current as of February 26, 2021

Title 46Chapter ISubchapter UPart 188 → Subpart 188.05


Title 46: Shipping
PART 188—GENERAL PROVISIONS


Subpart 188.05—Application


Contents
§188.05-1   Vessels subject to requirements of this subchapter.
§188.05-2   Exemptions from inspection laws for oceanographic research vessels and terms and conditions which apply in lieu thereof.
§188.05-3   New vessels and existing vessels for the purpose of application of regulations in this subchapter.
§188.05-5   Specific application noted in text.
§188.05-7   Ocean or unlimited coastwise vessels on inland and Great Lakes routes.
§188.05-10   Application to vessels on an international voyage.
§188.05-33   Scientific personnel—interpretive rulings.
§188.05-35   Load lines—interpretive ruling.

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§188.05-1   Vessels subject to requirements of this subchapter.

(a) This subchapter is applicable to all U.S.-flag vessels indicated in Column 6 of Table 2.01-7(A) to the extent prescribed by applicable laws and the regulations in this subchapter, except as follows:

(1) Any foreign vessel.

(2) Any vessel operating exclusively on inland waters which are not navigable waters of the United States.

(3) Any vessel while laid up and dismantled and out of commission.

(4) With the exception of vessels of the U.S. Maritime Administration, any vessel with title vested in the United States and which is used for public purposes.

(b) [Reserved]

[CGFR 67-83, 33 FR 1113, Jan. 27, 1968, as amended at 42 FR 49027, Sept. 26, 1977; 43 FR 968, Jan. 5, 1978; CGD 77-081, 46 FR 56204, Nov. 16, 1981; CGD 86-033, 53 FR 36026, Sept. 16, 1988; 53 FR 46871, Nov. 21, 1988; CGD 90-008, 55 FR 30664, July 26, 1990; USCG-1999-5040, 67 FR 34800, May 15, 2002; USCG-2008-1107, 74 FR 63664, Dec. 4, 2009; 78 FR 56612, Sept. 13, 2013; USCG-2014-0688, 79 FR 58288, Sept. 29, 2014]

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§188.05-2   Exemptions from inspection laws for oceanographic research vessels and terms and conditions which apply in lieu thereof.

(a) The oceanographic research vessel shall comply with 49 CFR parts 171-179 whenever applicable, except to the extent as specifically provided otherwise in this subchapter.

(b) In order not to inhibit the mission of vessels subject to this subchapter, the Coast Guard will not require plan approval of design nor inspection of scientific equipment except to the extent specifically provided otherwise in this subchapter. However, it is the responsibility of the owner to have incorporated into the design and to maintain such equipment to applicable safety standards.

[CGFR 67-83, 33 FR 1113, Jan. 27, 1968, as amended by CGD 77-081, 46 FR 56204, Nov. 16, 1981; CGD 86-033, 53 FR 36026, Sept. 16, 1988; CGD 95-028, 62 FR 51219, Sept. 30, 1997]

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§188.05-3   New vessels and existing vessels for the purpose of application of regulations in this subchapter.

(a) New vessels. In this application of the regulations in this subchapter, a new vessel is meant to be one, the construction of which is contracted for on or after March 1, 1968, or the major alteration of a vessel is contracted for on or after March 1, 1968, or the conversion of any vessel not previously inspected and certificated by the Coast Guard which is contracted for on or after March 1, 1968.

(b) Existing vessels. In the application of the regulations in this subchapter an existing vessel is meant to be one which is holding a valid certificate of inspection as an oceanographic research vessel on March 1, 1968.

(c) Other vessels. When it is desired to have a vessel, which has been used in trade or for recreational purposes, initially inspected and certificated as an oceanographic research vessel on or after March 1, 1968, such vessel shall be subject to all the requirements governing a vessel contracted for on or after March 1, 1968. However, if such vessel has a current certificate of inspection as a passenger, tank, cargo, or miscellaneous vessel, the Commandant may authorize its inspection and certification under this subchapter as a vessel contracted for prior to March 1, 1968, subject to those requirements necessitated by change in service.

[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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§188.05-5   Specific application noted in text.

(a) At the beginning of the various parts, subparts, and sections, a more specific application is generally given for the particular portion of the text involved. This application sets forth the types, sizes, or services or vessels to which the text pertains, and in many cases limits the application of the text to vessels contracted for before or after a specific date. As used in this subchapter, the term “vessels contracted for” includes not only the contracting for the construction of a vessel, but also the contracting for a material alteration to a vessel, the contracting for the conversion of a vessel to an oceanographic research vessel, and the changing of area of operation of a vessel if such change increases or modifies the general requirements for the vessel or increases the hazards to which it might be subjected.

[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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§188.05-7   Ocean or unlimited coastwise vessels on inland and Great Lakes routes.

(a) Vessels inspected and certificated for ocean or unlimited coastwise routes shall be considered suitable for navigation insofar as the provisions of this subchapter are concerned on any inland routes, including the Great Lakes.

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§188.05-10   Application to vessels on an international voyage.

(a) Except as provided in paragraphs (b), (c), and (d) of this section, the regulations in this subchapter that apply to a vessel on an “international voyage” apply to a vessel that—

(1) Is mechanically propelled and of at least 500 gross tons; and

(2) Is engaged on a voyage—

(i) From a country to which the International Convention for Safety of Life at Sea, 1974, (SOLAS 74) applies, to a port outside that country or the reverse;

(ii) From any territory, including the Commonwealth of Puerto Rico, all possessions of the United States, and all lands held by the United States under a protectorate or mandate, whose international relations are the responsibility of a contracting SOLAS 74 government, or which is administered by the United Nations, to a port outside that territory or the reverse; or

(iii) Between the contiguous states of the United States and the states of Hawaii or Alaska or between the states of Hawaii and Alaska.

(b) The regulations that apply to a vessel on an “international voyage” in this subchapter do not apply to a vessel that—

(1) Solely navigates 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; or

(2) Is numbered in accordance with 46 U.S.C. Chapter 123.

(c) The Commandant or his authorized representative may exempt any vessel on an international voyage from the requirements of this subchapter if the vessel—

(1) Makes a single international voyage in exceptional circumstances; and

(2) Meets safety requirements prescribed for the voyage by the Commandant.

(d) The Commandant or his authorized representative may exempt any vessel from the construction requirements of this subchapter if the vessel does not proceed more than 20 nautical miles from the nearest land in the course of its voyage.

[CGD 72-131R, 38 FR 29320, Oct. 24, 1973, as amended by CGD 80-123, 45 FR 64586, Sept. 30, 1980; CGD 90-008, 55 FR 30664, July 26, 1990; CGD 84-069, 61 FR 25312, May 20, 1996; CGD 95-028, 62 FR 51219, Sept. 30, 1997]

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§188.05-33   Scientific personnel—interpretive rulings.

(a) Scientific personnel on oceanographic research vessels are not considered to be seamen or passengers, but are considered as “persons” when requirements are based on total persons on board.

(b) Scientific personnel on such vessels shall not be required to possess seamen's documents nor shall they be required to sign shipping articles.

[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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§188.05-35   Load lines—interpretive ruling.

(a) Certificated vessels shall be subject to the applicable provisions of the Load Line Acts, and regulations in Subchapter E (Load Lines) of this chapter.

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