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Title 46Chapter ISubchapter WPart 199 → Subpart A


Title 46: Shipping
PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS


Subpart A—General


Contents
§199.01   Purpose.
§199.03   Relationship to international standards.
§199.05   Incorporation by reference.
§199.07   Additional equipment and requirements.
§199.09   Equivalents.
§199.10   Applicability.
§199.20   Exemptions.
§199.30   Definitions.
§199.40   Evaluation, testing and approval of lifesaving appliances and arrangements.
§199.45   Tests and inspections of lifesaving equipment and arrangements.

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§199.01   Purpose.

(a) This part sets out the requirements for lifesaving appliances and arrangements for all inspected U.S. vessels except for—

(1) Offshore supply vessels, which are covered by subchapter L of this chapter;

(2) Mobile Offshore Drilling Units (MODU), which are covered by subchapter I-A of this chapter;

(3) Towing vessels, which are covered by subchapter M of this chapter;

(4) Small passenger vessels, which are covered by subchapters K and T of this chapter; and

(5) Sailing school vessels, which are covered by part 169 of this chapter.

(b) This subpart and subparts B, C, and D of this part set out the requirements for vessels on international voyages that are subject to the International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1978, as amended (SOLAS).

(c) Subparts E and F of this part set out additional requirements, alternatives, and exemptions for vessels that are not subject to SOLAS.

[CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-2006-24412, 81 FR 40146, June 20, 2016]

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§199.03   Relationship to international standards.

(a) This subpart and subparts B, C, and D of this part are based on Chapter III, SOLAS. Section numbers in this subpart and subparts B, C, and D of this part are generally related to the regulation numbers in Chapter III, SOLAS, but paragraph designations are not related to the numbering in Chapter III, SOLAS. To find the corresponding Chapter III, SOLAS regulation for this subpart and subparts B, C, and D of this part, beginning with §199.10, divide the section number following the decimal point by 10.

(b) For purposes of this part, any vessel carrying a valid Passenger Ship Safety Certificate supplemented by a Record of Equipment, or a valid Cargo Ship Safety Equipment Certificate supplemented by a Record of Equipment, is considered to have met the requirements of this part if the equipment meets §199.40 and if, in addition to the requirements of SOLAS Chapter III, the vessel meets the following requirements:

(1) Each new lifeboat and launching appliance on a tank vessel may be of aluminum construction only if its stowage location is protected with a water spray system in accordance with §199.290(b).

(2) Each child-size lifejacket and immersion suit must be appropriately marked and stowed separately from adult or extended-size devices as required in §199.70(b)(2).

(3) Each lifejacket and immersion suit must be marked with the vessel's name in accordance with §199.70 (b)(3) and (c)(3).

(4) Inflatable lifejackets, if carried, must be of the same or similar design as required by §199.70(b).

(5) Containers for lifejackets, immersion suits, and anti-exposure suits must be marked as specified in §199.70(d).

(6) Instructions for passengers must include illustrated instructions on the method of donning lifejackets as required in §199.80(c)(5).

(7) Each liferaft must be arranged to permit it to drop into the water from the deck on which it is stowed as required in §199.130(c)(3).

(8) Lifeboats and rescue boats must be arranged to allow safe disembarkation onto the vessel after a drill in accordance with §199.110(h).

(9) The requirements for guarding of falls in §199.153 (e) and (g) must be met.

(10) The winch drum requirements described in §199.153(f) must be met for all survival craft winches, including multiple drum winches.

(11) The maximum lowering speed requirements for launching arrangements using falls and a winch in §199.153 (i) and (j) must be met.

(12) An auxiliary line must be kept with each line-throwing appliance in accordance with §199.170(c)(2).

(13) Immersion suits must be carried on all cargo vessels except those operating between the 32 degrees north and 32 degrees south latitude in accordance with §199.273.

(14) Vessels carrying immersion suits must conduct drills in accordance with §§199.180 (d)(11) and (d)(12).

(c) The certificates in paragraph (b) of this section will be accepted as proof of compliance with the requirements in this part unless the Officer in Charge, Marine Inspection (OCMI), determines that—

(1) The condition of the vessel or of its equipment does not correspond substantially with the particulars of its certificates; or

(2) The vessel and its equipment have not been maintained in conformance with the provisions of the regulations in this part.

[CGD 84-069, 61 FR 25313, May 20, 1996, as amended at 63 FR 52816, Oct. 1, 1998; USCG-1999-6216, 64 FR 53229, Oct. 1, 1999]

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§199.05   Incorporation by reference.

(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish notice of change in the Federal Register; and the material must be available to the public. All approved material is available for inspection at Coast Guard Headquarters. Contact Commandant (CG-ENG-4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. You may also contact the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal__register/code__of__federal__regulations/ibr__locations.html. All approved material is available from the sources indicated in paragraph (b) of this section.

(b) The material approved for incorporation by reference in this part and the sections affected are as follows:

American Society for Testing and Materials (ASTM)
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
ASTM D 93-97, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester199.261; 199.290
ASTM F 1003-86 (1992), Standard Specification for Searchlights on Motor Lifeboats199.175
ASTM F 1014-92, Standard Specification for Flashlights on Vessels199.175
International Maritime Organization (IMO)
Publications Section, 4 Albert Embankment, London, SE1 7SR, United Kingdom
MSC Circular 699, Revised Guidelines for Passenger Safety Instructions, 17 July 1995199.217
Resolution A.520(13), Code of Practice for the Evaluation, Testing and Acceptance of Prototype Novel Life-saving Appliances and Arrangements, 17 November 1983199.40
Resolution A.657(16), Instructions for Action in Survival Craft, 19 November 1989199.175
Resolution A.658(16), Use and Fitting of Retro-reflective Materials on Life-saving Appliances, 20 November 1989199.70; 199.176
Resolution A.760(18), Symbols Related to Life-saving Appliances and Arrangements, 17 November 1993199.70;
199.90
Resolution MSC.4(48), International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code), 1994199.30; 199.280
Resolution MSC.5(48), International Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk, (IGC Code), 1993199.30; 199.280

[CGD 84-069, 61 FR 25313, May 20, 1996; 61 FR 40281, Aug. 1, 1996, as amended by CGD 96-041, 61 FR 50735, Sept. 27, 1996; CGD 97-057, 62 FR 51051, Sept. 30, 1997; USCG-1999-6216, 64 FR 53229, Oct. 1, 1999; USCG-1999-5151, 64 FR 67187, Dec. 1, 1999; 69 FR 18803, Apr. 9, 2004; USCG-2004-18884, 69 FR 58352, Sept. 30, 2004; USCG-2009-0702, 74 FR 49241, Sept. 25, 2009; USCG-2013-0671, 78 FR 60165, Sept. 30, 2013]

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§199.07   Additional equipment and requirements.

The OCMI may require a vessel to carry specialized or additional lifesaving equipment other than as required in this part if the OCMI determines that the conditions of a voyage present uniquely hazardous circumstances that are not adequately addressed by existing requirements.

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§199.09   Equivalents.

When this part requires a particular fitting, material, or lifesaving appliance or arrangement, the Commandant (CG-ENG) may accept any other fitting, material, or lifesaving appliance or arrangement that is at least as effective as that required by this part. The Commandant may require engineering evaluations and tests to determine the equivalent effectiveness of the substitute fitting, material, or lifesaving appliance or arrangement.

[CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-2009-0702, 74 FR 49241, Sept. 25, 2009]

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§199.10   Applicability.

(a) General. Unless expressly provided otherwise in this Chapter, this part applies to all vessels inspected under U.S. law as set out in Table 199.10(a).

Table 199.10(a)—Lifesaving Requirements for Inspected Vessels

Row46 CFR
subchapter
Vessel
type
Vessel
service
Subchapter W subparts applicable1Other2
ABCDEF
1DTank ≥500 tonsInternational voyage3XXX
2DTank <500 tonsInternational voyage3XXXXX
3DTankAll other servicesXXXXX
4HPassengerInternational voyage3XXX
5HPassengerShort Inter'l voyage3XXX
6HPassengerAll other servicesXXXXX
7ICargo ≥500 tonsInternational voyage3XXX
8ICargo <500 tonsInternational voyage3XXXXX
9ICargoAll other servicesXXXXX
10I-AMODUAll46 CFR part 108.
11KSmall PassengerInternational voyage3XXX
12KSmall PassengerShort Inter'l voyage3XXX
13KSmall PassengerAll other services46 CFR part 117.
14LOffshore SupplyAll46 CFR part 133.
15MTowing VesselsInternational voyage3XXX
16MTowing VesselsAll other46 CFR part 141.
17R—Part 167Public Nautical SchoolInternational voyage3XXX4X5
18R—Part 167Public Nautical SchoolAll other servicesXXX4X5XX
19R—Part 168Civilian Nautical SchoolInternational voyage3XXX4X5
20R—Part 168Civilian Nautical SchoolAll other servicesXXX4X5XX
21R—Part 169Sailing SchoolAll services46 CFR 169.500.
22TSmall PassengerInternational voyage3XXX
23TSmall PassengerShort Int'l voyage3XXX
24TSmall PassengerAll other services46 CFR part 180.
25UOceanographic ResInternational voyage3XXX4X5
26UOceanographic ResAll other servicesXXX4X5XX

Notes:

1Subchapter W of this chapter does not apply to inspected nonself-propelled vessels without accommodations or work stations on board.

2Indicates section where primary lifesaving system requirements are located. Other regulations may also apply.

3Not including vessels solely navigating the Great Lakes of North America and the Saint Lawrence River as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side Anticosti Island, the 63rd meridian.

4Applies to vessels carrying more than 50 special personnel, or vessels carrying not more than 50 special personnel if the vessels meet the structural fire protection requirements in subchapter H of this chapter for passenger vessels of the same size.

5Applies to vessels carrying not more than 50 special personnel that do not meet the structural fire protection requirements in subchapter H of this chapter for passenger vessels of the same size.

(b) Inspected vessels not covered under this subchapter. This part does not apply to non-self-propelled vessels without accommodations or work stations on board. Unless otherwise required by this chapter, it does not apply to offshore supply vessels; mobile offshore drilling units; small passenger vessels; and sailing school vessels.

(c) Conversion of cargo vessel to passenger vessel. For purposes of the application of this part, a cargo vessel, whenever constructed, which is converted to a passenger vessel is deemed to be a passenger vessel that is constructed on the date on which the conversion commences.

(d) Vessels on international voyages. This subpart and subparts B, C, and D of this part apply to vessels engaged on international voyages, except—

(1) Cargo vessels of less than 500 tons gross tonnage;

(2) Vessels not propelled by mechanical means;

(3) Wooden vessels of primitive build; and

(4) Vessels solely navigating the Great Lakes of North America and the River Saint Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island, and on the north side Anticosti Island, the 63rd meridian.

(5) Tank vessels constructed before October 1, 1996 engaged in voyages between the continental United States and Alaska or Hawaii, and all other vessels engaged on international voyages which were constructed before July 1, 1986, must meet the requirements of §§199.70(b)(4)(i), 199.80, 199.90, 199.100, 199.180, 199.190 (paragraph (b) applies as much as practicable), 199.214, 199.217, 199.250, 199.261 (b)(2) and (e), and 199.273, and must fit retro-reflective material on all floating appliances, lifejackets and immersion suits. Except for the requirements of §199.261 (b)(2) and (e), vessels may retain the number, type, and arrangement of lifesaving appliances previously required and approved for the vessel as long as the arrangement or appliance is maintained in good condition to the satisfaction of the OCMI.

(e) Passenger vessels. For the purposes of this part, the following vessels must meet the requirements for passenger vessels:

(1) Passenger vessels.

(2) Special purpose vessels carrying more than 50 special personnel.

(3) Special purpose vessels carrying not more than 50 special personnel if the vessels meet the structural fire protection requirements in subchapter H of this chapter for passenger vessels of the same size.

(f) Cargo vessels. For the purposes of this part, the following vessels must meet the requirements for cargo vessels:

(1) Cargo vessels.

(2) Tank vessels.

(3) Special purpose vessels carrying not more than 50 special personnel that do not meet the structural fire protection requirements in subchapter H of this chapter for passenger vessels of the same size.

(g) Subparts applying to vessels on international and short international voyages. (1) Passenger vessels on international voyages must meet the requirements of this subpart and subparts B and C of this part.

(2) Cargo vessels on international voyages must meet the requirements of this subpart and subparts B and D of this part.

(3) The provisions for passenger vessels on short international voyages in this subpart and subparts B and C of this part do not apply to special purpose vessels described in paragraphs (e)(2) and (3) of this section.

(h) Vessels not subject to SOLAS. Vessels not on international voyages and vessels listed in paragraph (d) of this section must meet the requirements of this subpart and subparts B, C, D, and E of this part unless otherwise exempted or permitted by subpart F of this part.

(1) Vessels on other than international voyages and vessels listed in paragraph (d) of this section which were constructed prior to October 1, 1996, must—

(i) By October 1, 1999, meet the requirements of §§199.70(b)(4)(i), 199.80, 199.90, 199.100, 199.180, 199.190 (paragraph (b) applies as much as practicable), 199.217, 199.250, 199.273, and 199.510, and fit retroreflective material on all floating appliances, lifejackets, and immersion suits;

(ii) By October 1, 2003, passenger vessels must carry the number and type of survival craft specified in table 199.630 of this part and cargo vessels in oceans and coastwise service must carry the number and type of survival craft specified in §199.261(b)(2) and (e);

(iii) By October 1, 2003, passenger vessels must carry the immersion suits and thermal protective aids specified in §199.214; and

(iv) Except for the requirements in paragraphs (h)(1)(ii) and (h)(1)(iii) of this section, vessels may retain the number, type, and arrangement of lifesaving equipment, including lifeboats, lifeboat davits, winches, inflatable liferafts, liferaft launching equipment, rescue boats, lifefloats, and buoyant apparatus previously required and approved for the vessel as long as the arrangement or appliance is maintained in good condition to the satisfaction of the OCMI.

(2) This paragraph does not apply to public vessels.

(i) New lifesaving appliances or arrangements. When any lifesaving appliance or arrangement on a vessel subject to this part is replaced, or when the vessel undergoes repairs, alterations, or modifications of a major character involving replacement of, or any addition to, the existing lifesaving appliance or arrangements, each new lifesaving appliance and arrangement must meet the requirements of this part, unless the OCMI determines that the vessel cannot accommodate the new appliance or arrangement, except that—

(1) A survival craft is not required to meet the requirements of this part if it is replaced without replacing its davit and winch; and

(2) A davit and its winch are not required to meet the requirements of this part if one or both are replaced without replacing the survival craft.

(j) Repairs and alterations to lifesaving appliances. No extensive repairs or alterations, except in an emergency, may be made to a lifesaving appliance without advance notification to the OCMI. Insofar as possible, each repair or alteration must be made with material, and tested in the manner, specified in this subchapter and applicable to the new construction requirements in subchapter Q of this chapter. Emergency repairs or alterations must be reported as soon as practicable to the OCMI responsible for the port or location where the vessel may call after such repairs are made. Lifeboats, rescue boats, or rigid liferafts may not be reconditioned for use on a vessel other than the one they were originally built for, unless specifically accepted by the OCMI.

(k) Vessels reflagged under Sec. 1137, Coast Guard Authorization Act of 1996. Vessels that qualify for a certificate of inspection under the provisions of section 1137, Coast Guard Authorization Act of 1996, Public Law 104-324, 110 Stat. 3988 (46 U.S.C.A. app. 1187, Note), are not subject to the requirements of this part if such vessels meet lifesaving equipment standards required under section 1137 as determined by the Commandant.

[CGD 84-069, 63 FR 52817, Oct. 1, 1998; 63 FR 56066, Oct. 20, 1998; 63 FR 63798, Nov. 17, 1998; USCG-1999-6216, 64 FR 53229, Oct. 1, 1999; USCG-2006-24412, 81 FR 40146, June 20, 2016]

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§199.20   Exemptions.

(a) Vessels engaged on international voyages. (1) The following types of vessels engaged on international voyages may request an exemption from Commandant (CG-CVC) from requirements of this part:

(i) A vessel for which the sheltered nature and conditions of an international voyage would render the application of any specific requirements of this part unreasonable or unnecessary and which in the course of the voyage does not proceed more than 20 miles from the nearest land.

(ii) A vessel embodying features of a novel kind to which the application of any provision of this part would seriously impede research into the development of such features and their incorporation on vessels engaged on international voyages.

(2) A written request for exemption under this section must be submitted to the cognizant OCMI for review and forwarding to Commandant (CG-CVC).

(b) Single voyage exemption from SOLAS requirements. A vessel that is not normally engaged on international voyages, but which, under exceptional circumstances, is required to undertake a single international voyage, may be exempted from the applicable requirements in this subpart and subparts B, C, and D of this part by the Commandant (CG-CVC). A written request for exemption under this paragraph must be submitted to the cognizant OCMI for review and forwarding to Commandant (CG-CVC).

(c) Exemption Certificates. When Commandant (CG-CVC) grants an exemption under paragraph (a) or (b) of this section, an Exemption Certificate describing the exemption will be issued by the appropriate OCMI. The Exemption Certificate must be carried on board the vessel at all times and must be available to Coast Guard personnel upon request.

(d) Vessels not engaged on international voyages. (1) If a District Commander determines that the overall safety of the persons on board a vessel will not be significantly reduced, the District Commander may grant an exemption from compliance with a provision of this part to a specific vessel for a specified geographic area within the boundaries of the Coast Guard District. This exemption may be limited to certain periods of the year.

(2) Requests for exemption under this paragraph must be made in writing to the OCMI for transmission to the District Commander for the area in which the vessel is in service or will be in service.

(3) If the exemption is granted by the District Commander, the OCMI will endorse the vessel's Certificate of Inspection with a statement describing the exemption.

[CGD 84-069, 61 FR 25313, May 20, 1996, as amended by CGD 96-041, 61 FR 50735, Sept. 27, 1996; USCG-1999-6216, 64 FR 53229, Oct. 1, 1999; USCG-2009-0702, 74 FR 49241, Sept. 25, 2009]

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§199.30   Definitions.

The following definitions apply to this part:

Accommodation means a cabin, or other covered or enclosed place, intended to be occupied by persons. Each place in which passengers and special personnel is carried is considered an accommodation, whether or not it is covered or enclosed. Accommodations include, but are not limited to halls, dining rooms, mess rooms, lounges, corridors, lavatories, cabins, offices, hospitals, cinemas, game and hobby rooms, and other similar places open to persons on board.

Anti-exposure suit means a protective suit designed for use by rescue boat crews and marine evacuation system parties.

Approval series means the first six digits of a number assigned by the Coast Guard to approved equipment. Where approval is based on a subpart of subchapter Q of this chapter, the approval series corresponds to the number of the subpart. A listing of current and formerly approved equipment and materials may be found on the Internet at: http://cgmix.uscg.mil/equipment. Each OCMI may be contacted for information concerning approved equipment.

Approved lifesaving appliance means carrying an approval granted by the Commandant under subchapter Q of this chapter.

Cargo vessel means any vessel that is not a passenger vessel.

Certificated person means a person holding a U.S. merchant mariner's document or merchant mariner credential with an endorsement as a lifeboatman or another inclusive rating under part 12 of this chapter.

Child, for the purpose of determining the number of lifejackets required under this part, means a person less than 41 kilograms (90 pounds) in mass.

Civilian nautical school means any school or branch thereof operated and conducted in the United States, except State nautical schools and schools operated by the United States or any agency thereof, which offers instruction for the primary purpose of training for service in the merchant marine.

Coastwise voyage means a voyage on the waters of any ocean or the Gulf of Mexico no more than 20 nautical miles offshore.

Commandant means the Commandant of the U.S. Coast Guard.

Crew means all persons carried on board the vessel to provide navigation and maintenance of the vessel, its machinery, systems, and arrangements essential for propulsion and safe navigation or to provide services for other persons on board.

District Commander means an officer of the U.S. Coast Guard designated by the Commandant to command all Coast Guard activities within a Coast Guard District. Coast Guard Districts are described in 33 CFR part 2.

Detection means the determination of the location of survivors or survival craft.

Embarkation ladder means the ladder provided at survival craft embarkation stations to permit safe access to survival craft after launching.

Embarkation station means the place where a survival craft is boarded.

Extended-size lifejacket means a lifejacket that is approved for use by adults as well as by some larger children.

Ferry means a vessel as described in §70.10-1 of this chapter.

Float-free launching means that method of launching a survival craft or lifesaving appliance whereby the craft or appliance is automatically released from a sinking vessel and is ready for use.

Free-fall launching means that method of launching a survival craft whereby the craft, with its full complement of persons and equipment on board, is released and allowed to fall into the sea without any restraining apparatus.

Immersion suit means a protective suit that reduces loss of body heat of a person wearing it in cold water.

Inflatable appliance means an appliance that depends upon nonrigid, gas-filled chambers for buoyancy and that is normally kept uninflated until ready for use.

Inflated appliance means an appliance that depends upon nonrigid, gas-filled chambers for buoyancy and that is kept inflated and ready for use at all times.

International voyage means a voyage from the United States to a port outside the United States or conversely; or, a voyage originating and terminating at ports outside the United States. Voyages between the continental United States and Hawaii or Alaska, and voyages between Hawaii and Alaska, shall be considered international voyages for the purposes of this part.

Lakes, bays, and sounds means the waters of any lakes, bays, or sounds other than the waters of the Great Lakes.

Launching appliance or launching arrangement means the method or devices designed to transfer a survival craft or rescue boat from its stowed position to the water. For a launching arrangement using a davit, the term includes the davit, winch, and falls.

Length of vessel, means the load-line length defined in §42.13-15(a) of this chapter.

Lifejacket means a flotation device approved as a life preserver or lifejacket.

Major character means any repair, alteration or modification to a vessel that is a major conversion as decided by the Commandant (CG-CVC).

Major conversion means a conversion of a vessel that—

(a) Substantially changes the dimensions or carrying capacity of the vessel;

(b) Changes the type of the vessel;

(c) Substantially prolongs the life of the vessel; or

(d) Otherwise so changes the vessel that it is essentially a new vessel.

Marine evacuation system means an appliance designed to rapidly transfer large numbers of persons from an embarkation station by means of a passage to a floating platform for subsequent embarkation into associated survival craft, or directly into associated survival craft.

Mobile offshore drilling unit (MODU) means a vessel capable of engaging in drilling operations for the exploration or exploitation of subsea resources.

Muster station means the place where persons on board assemble before boarding a survival craft.

Nautical school vessel means a vessel operated by or in connection with a nautical school or an educational institution under Section 13 of the Coast Guard Authorization Act of 1986.

Novel lifesaving appliance or arrangement means a lifesaving appliance or arrangement that has new features not fully covered by the provisions of this part but that provides an equal or higher standard of safety.

Ocean means the waters of any ocean or the Gulf of Mexico more than 20 nautical miles offshore.

Oceanographic research vessel means a vessel that the Secretary finds is being employed only in instruction in oceanography or limnology, or both, or only in oceanographic or limnological research, including those studies about the sea such as seismic, gravity meter, and magnetic exploration and other marine geophysical or geological surveys, atmospheric research, and biological research.

Officer in Charge, Marine Inspection (OCMI), means a Coast Guard Officer responsible for marine inspection functions in a Marine Inspection Zone. Marine Inspection Zones are described in 33 CFR part 2.

Passenger means—

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

(1) 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

(2) A child under 1 year of age.

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

(1) 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;

(2) The master; or

(3) 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.

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.

Passenger vessel means—

(1) On an international voyage, a vessel of at least 100 tons gross tonnage carrying more than 12 passengers; and

(2) On other than an international voyage, a vessel of at least 100 tons gross tonnage—

(i) Carrying more than 12 passengers, including at least one passenger-for-hire; or

(ii) That is chartered and carrying more than 12 passengers; or

(iii) That is a submersible vessel carrying at least one passenger-for-hire.

Public vessel means a vessel that—

(a) Is owned, or demise chartered, and operated by the U.S. Government or a government of a foreign country including a vessel operated by the Coast Guard or Saint Lawrence Seaway Development Corporation, but not a vessel owned or operated by the Department of Transportation or any corporation organized or controlled by the Department; and

(b) Is not engaged in commercial service.

Rescue boat means a boat designed to rescue persons in distress and to marshal survival craft.

Retrieval means the safe recovery of survivors.

Rivers, in relation to vessel service, means operating exclusively in the waters of rivers and/or canals.

Scientific personnel means individuals on board an oceanographic research vessel only to engage in scientific research, or to instruct or receive instruction in oceanography or limnology.

Seagoing condition means the operating condition of the vessel with the personnel, equipment, fluids, and ballast necessary for safe operation on the waters where the vessel operates.

Similar stage of construction means the stage at which—

(a) Construction identifiable with a specific vessel begins; and

(b) Assembly of that vessel has commenced comprising at least 50 metric tons (55.1 U.S. tons) or 1 percent of the estimated mass of all structural material, whichever is less.

Short international voyage is an international voyage in the course of which a vessel is not more than 200 miles from a port or place in which the passengers and crew could be placed in safety. Neither the distance between the last port of call in the country in which the voyage begins and the final port of destination, nor the return voyage, may exceed 600 miles. The final port of destination is the last port of call in the scheduled voyage at which the vessel commences its return voyage to the country in which the voyage began.

Special personnel means all persons who are not passengers or members of the crew and who are carried on board a special purpose vessel in connection with the special purpose of that vessel or because of special work being carried out aboard that vessel. Special personnel include—

(a) On oceanographic research vessels, scientific personnel; and

(b) On nautical school vessels, students, cadets, and instructors who are not members of the crew.

Special purpose vessel means a mechanically self-propelled vessel which by reason of its function carries on board more than 12 special personnel including passengers. Special purpose vessels include oceanographic research vessels and nautical school vessels.

Survival craft means a craft capable of sustaining the lives of persons in distress from the time of abandoning the vessel on which the persons were originally carried. The term includes lifeboats, liferafts, buoyant apparatus, and lifefloats, but does not include rescue boats.

Tank vessel means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that—

(a) Is a vessel of the United States;

(b) Operates on the navigable waters of the United States; or

(c) Transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States.

Toxic vapor or gas means a product for which emergency escape respiratory protection is required under Subchapter 17 of the International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code) and under Subchapter 19 of the International Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk (IGC Code).

Vessel constructed means a vessel, the keel of which is laid or which is at a similar stage of construction.

Warm water means water where the monthly mean low water temperature is normally more than 15 °C (59 °F).

[CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-1999-6216, 64 FR 53229, Oct. 1, 1999; USCG-1999-5040, 67 FR 34807, May 15, 2002; USCG-2004-18884, 69 FR 58352, Sept. 30, 2004; USCG-2006-24371, 74 FR 11267, Mar. 16, 2009; USCG-2009-0702, 74 FR 49241, Sept. 25, 2009]

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§199.40   Evaluation, testing and approval of lifesaving appliances and arrangements.

(a) Each item of lifesaving equipment required by this part to be carried on board the vessel must be approved.

(b) Each item of lifesaving equipment carried on board the vessel in addition to those required by this part must—

(1) Be approved; or

(2) Be accepted by the cognizant OCMI for use on the vessel.

(c) The Commandant (CG-ENG) may accept a novel lifesaving appliance or arrangement if it provides a level of safety equivalent to the requirements of this part and the appliance or arrangement—

(1) Is evaluated and tested in accordance with IMO Resolution A.520(13), Code of Practice for the Evaluation, Testing and Acceptance of Prototype Novel Life-saving Appliances and Arrangements; or

(2) Has successfully undergone evaluation and tests that are substantially equivalent to those recommendations.

(d) During the vessel's construction and when any modification to the lifesaving arrangement is done after construction, a vessel owner must obtain acceptance of lifesaving arrangements from the Commandant (Marine Safety Center).

(e) The OCMI may accept substitute lifesaving appliances other than those required by this part except for—

(1) Survival craft and rescue boats; and

(2) Survival craft and rescue boat launching and embarkation appliances.

(f) Acceptance of lifesaving appliances and arrangements will remain in effect unless—

(1) The OCMI deems their condition to be unsatisfactory or unfit for the service intended; or

(2) The OCMI deems the crew's ability to use and assist others in the use of the lifesaving appliances or arrangements to be inadequate.

[CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-2009-0702, 74 FR 49241, Sept. 25, 2009]

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§199.45   Tests and inspections of lifesaving equipment and arrangements.

(a) Initial inspection. The initial inspection of lifesaving appliances and arrangements for certification includes a demonstration of—

(1) The proper condition and operation of the survival craft and rescue boat launching appliances at loads ranging from light load to 10 percent overload;

(2) The proper condition and operation of lifeboats and rescue boats, including engines and release mechanisms;

(3) The proper condition of flotation equipment such as lifebuoys, lifejackets, immersion suits, work vests, lifefloats, buoyant apparatus, and associated equipment;

(4) The proper condition of distress signaling equipment, including emergency position indicating radiobeacons (EPIRB), search and rescue transponders (SART), and pyrotechnic signaling devices;

(5) The proper condition of line-throwing appliances;

(6) The proper condition and operation of embarkation appliances, including embarkation ladders and marine evacuation systems;

(7) The ability of the crew to effectively carry out abandon-ship and fire-fighting procedures; and

(8) The ability to meet the egress and survival craft launching requirements of this part.

(b) Reinspections. Tests and inspections of the lifesaving equipment shall be carried out during each inspection for renewal of certification and periodic inspection, and shall include, as applicable, a demonstration of—

(1) The proper condition and operation of the survival craft and rescue boat launching appliances at loads ranging from light load to full load, except that any portion of the load test conducted in connection with replacement or end-for-ending of a fall since the vessel's last inspection or reinspection, need not be repeated;

(2) The proper condition and operation of lifeboats and rescue boats, including engines and release mechanisms;

(3) The proper condition of flotation equipment such as lifebuoys, lifejackets, immersion suits, work vests, lifefloats, buoyant apparatus, and associated equipment;

(4) The proper servicing of each inflatable liferaft and inflatable lifejacket has been serviced as required under this chapter;

(5) The proper servicing of each hydrostatic release unit, other than a disposable hydrostatic release unit, as required under this chapter; and

(6) The ability of crew to effectively carry out abandon-ship and fire-fighting procedures.

(c) Other inspections. (1) Lifesaving appliances and arrangements are subject to tests and inspections described in paragraph (a) of this section whenever a new lifesaving appliance is installed on the vessel. The test in paragraph (a)(1) of this section must be carried out whenever a wire fall for a launching appliance is replaced or turned end-for-end.

(2) Lifesaving appliances and arrangements are subject to tests and inspections described in paragraph (b) of this section during vessel boardings to ensure that the appliances and arrangements comply with applicable requirements, are in satisfactory condition, and remain fit for the service.

[CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-1999-4976, 65 FR 6510, Feb. 9, 2000]

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