(1) Any ocean;

(2) The Gulf of Mexico;

(3) The Caribbean Sea;

(4) The Gulf of Alaska; and,

(5) Such other similar waters as may be designated by a Coast Guard District Commander.

§ 175.10-26 Officer in Charge, Marine Inspection.

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 Title 52, Revised Statutes, and acts amendatory thereof or supplemental thereto, and rules and regulations thereunder.

A passenger is every person other than the master and the members of the crew or other persons employed or engaged in any capacity on board a vessel in the business of that vessel. The following special considerations should be noted:

(a) S and L. In the case of a vessel on an international voyage a child under one year of age is not counted as a passenger.

(b) S. For vessels subject to the provisions of the Act of May 10, 1956 (46 U.S.C. 390-390g), the term passenger means every person carried on board a vessel other than:

(1) The owner or his representative; (2) The master and the bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services;

(3) Any employee of the owner of the vessel engaged in the business of the owner, except when the vessel is operating under a bareboat charter;

(4) Any employee of the bareboat charterer of the vessel engaged in the business of the bareboat charterer;

(5) Any guest on board a vessel which is being used exclusively for

(a) Where in this subchapter it is provided that a particular fitting, appliance, apparatus, or equipment, or type thereof, shall be fitted or carried in a vessel, or that any particular arrangement shall be adopted, the Commandant may accept in substitution therefor any other fitting, apparatus, or equipment, or type thereof, or any other arrangement: Provided, That he shall have been satisfied by suitable trials that the fitting, appliance, apparatus, or equipment, or type thereof, or the arrangement shall be at least as effective as that specified in this subchapter.

(b) In any case where it is shown to the satisfaction of the Commandant that the use of any particular equipment, apparatus, or arrangement not specifically required by law is unreasonable or impracticable, the Commandant may permit the use of alternate equipment, apparatus, or arrangement to such an extent and upon such conditions as will insure, to his satisfaction, a degree of safety consistent with the minimum standards set forth in this subchapter.

Subpart 175.20—Administrative

Procedure

§ 175.20-1 Assignment of marine inspector.

(a) Upon receipt of a written application for inspection, the Officer in Charge, Marine Inspection, will assign a marine inspector to inspect the vessel. This inspection will be made at a mutually agreed to time and place.

(b) The owner or someone representing the owner shall be present during the inspection.

§ 175.20-5 Notice of deficiencies and requirements.

(a) If during the inspection of a vessel, the vessel or its equipment is found not to conform to the requirements of law or the regulations in this subchapter, the marine inspector will point out all deficiencies and will discuss all requirements with the owner or his representative. Normally, the marine inspector will list all such requirements which have not been completed and present the list to the owner or his representative.

(b) In any case where the owner of a vessel or his representative desires further clarification of, or reconsideration of any requirement placed against his vessel, he may discuss the matter with the Officer in Charge, Marine Inspection.

Subpart 175.25—Special Consideration

§ 175.25-1 By Officer in Charge, Marine Inspection.

(a) In applying the provisions of Parts 177, 178, 180, 181, 182, 183, and 184 of this subchapter, the Officer in Charge, Marine Inspection, may give special consideration to departures from the specific requirements when special circumstances or arrangements warrant such departures.

(R.S. 4488, as amended, 4491, as amended; 46 U.S.C. 481, 489)

[CGFR 60-54, 25 FR 9315, Sept. 29, 1960, as amended by CGFR 68-32, 33 FR 5725, Apr. 12, 1968]

(a) In this subchapter portions or the entire text of certain industrial standards and specifications are referred to as the governing requirements for materials, equipment, tests, or procedures to be followed. These standards and specification requirements specifically referred to in this subchapter shall be the governing requirements for the subject matters covered unless specifically limited, modified, or replaced by other regulaItions in this subchapter.

(b) As used in this subchapter references to industry standards, such as those established by the American Bureau of Shipping, Lloyd's Register of Shipping or other recognized classification society, and others, mean that the Coast Guard uses such standards as a guide with respect to the subjects covered, and under normal conditions will accept machinery, etc., meeting the requirements of such standards. Such standards are not adopted as the governing requirements and made a part of the regulations in this subchapter by reference.

(c) In this subpart are listed the organizations publishing standards and specifications which are adopted by reference. The standards and specifi

§ 175.30-1 Right of appeal.

(a) Whenever any person directly interested in or affected by any decision or action of any Officer in Charge, Marine Inspection, shall feel aggrieved by such decision or action, he may appeal therefrom to the Coast Guard District Commander having jurisdiction and a like appeal shall be allowed from any decision or action of the Coast Guard District Commander to the Commandant, whose decision shall be final: Provided, however, That application for such reexamination of the case by a Coast Guard District Commander or by the Commandant shall be made within 30 days after the decision or action appealed from shall have been rendered or taken.

Subpart 175.35—Special Provisions

§ 175.35-1 Existing offshore supply vessels.

(a) Existing offshore supply vessels of above 15 and less than 100 gross tons that do not possess a valid certificate of inspection must be registered with an officer in charge, marine inspection on or before January 6, 1981. The initial inspection for certification for each registered offshore supply vessel shall be made within two years of the date the vessel is registered.

(b) The registration must be on board the vessel and available for inspection.

(Pub. L. 96.378, 94 Stat. 1513 (46 U.S.C. 4041); 49 CFR 1.46(b))

[CGD 80-133, 45 FR 69244, Oct. 20, 1980]

Sec.

Subpart 176.20—Repairs and Alterations 176.20-1 Permission required. 176.20-5 Inspection required.

Subpart 176.25—Material Inspections

176.25-1 Inspection standards. 176.25-5 Hull.

176.25-10 Machinery. 176.25-15 Electrical.

176.25-20 Lifesaving equipment--S. 176.25-22 Lifesaving equipment-L. 176.25-25 Fire extinguishing equipment— S. 176.25-27 Fire extinguishing equipment—

L.

176.25-30 Pressure vessels-S. 176.25-32 Pressure vessels-L.

176.25-35 Steering apparatus. 176.25-40 Miscellaneous systems

equipment.

176.25-45 Sanitary inspection. 176.25-50 Unsafe practices.

and

Subpart 176.30—Limitations of Inspections 176.30-1 Marine inspector not limited. Subpart 176.35—International Convention for Safety of Life at Sea, 1960

176.35-1 Vessels subject to requirements. 176.35-5 International voyage. 176.35-10 Voyage between continental

United States and Hawaii or Alaska or between Hawaii and Alaska. 176.35-15 Passenger Ship Safety Certificate.

176.35-20 Exemption Certificate.

176.35-25 Posting of Convention certificates.

176.35-30 Duration of certificates.

AUTHORITY: R.S. 4405, as amended, 4462, as amended, sec. 3, 70 Stat. 152, sec. 6(b)(1), 80 Stat. 938; 46 U.S.C. 375, 416, 390b, 49 U.S.C. 1655(b); 49 CFR 1.4(a), unless otherwise noted. Interpret or apply R.S. 4417, as amended, 4418, as amended, 4421, as amended, 4426, as amended, 4453, as amended, 4464, as amended; 46 U.S.C. 391, 392, 399, 404, 435, 451, unless otherwise noted.

SOURCE: CGFR 60-54, 25 FR 9319, Sept. 29, 1960, unless otherwise noted.

Subpart 176.01-Certificate of
Inspection

§ 176.01-1 When required-S.

(a) Except as noted in this subpart, every vessel subject to inspection and certification shall, when carrying more than six passengers, have on board a

valid certificate of inspection, Form CG-3753, and shall be operated in compliance therewith.

(Sec. 4, 70 Stat. 153; 46 U.S.C. 390c)

(b) Every mechanically propelled vessel of above 15 gross tons inspected and certificated under the provisions of this subchapter shall, during the tenure of the certificate, be in full compliance with the terms of the certificate when carrying freight for hire. Any other vessel certificated under the provisions of this subchapter when carrying not more than 6 passengers, and when operating as a yacht, commercial fishing vessel, cargo carrier, etc., will be subject only to the laws, rules and regulations governing the type of operation in which it engages. (R.S. 4463, as amended, sec. 26, 41 Stat. 998, as amended, sec. 17, 54 Stat. 166, as amended; 46 U.S.C. 222, 882, 526p)

(c) If necessary to prevent delay of the vessel, a temporary certificate of inspection, Form CG-854, shall be issued pending the issuance and delivery of the regular certificate of inspection. Such temporary certificate shall be carried in the same manner as the regular certificate and shall in all ways be considered the same as the regular certificate of inspection which it represents.

[CGFR 63-40, 28 FR 9736, Sept. 6, 1963]

§ 176.01-3 When required-L.

(a) Except as noted in this subpart or § 176.01-27, no vessel subject to inspection and certification may be operated without a valid certificate of inspection, Form CG-3753.

(b) If necessary to prevent delay of the vessel, a temporary certificate of inspection, Form CG-854, shall be issued pending the issuance and delivery of the regular certificate of inspection. Such temporary certificate shall be carried in the same manner as the regular certificate and shall in all ways be considered the same as the regular certificate of inspection which it represents.

(c) Nothing in this subpart shall prevent a vessel upon a regularly established line from a port in the United States to a port of a foreign country not contiguous to the United States

whose certificate of inspection expires at sea or while said vessel is in a foreign port or a port of Hawaii from lawfully completing her voyage without the valid certificate of inspection or temporary certificate required by this section: Provided, That the voyage shall be completed within 30 days after the expiration of the certificate of inspection. No such vessel shall depart if its certificate of inspection will expire within 15 days of the date of sailing unless the voyage will be completed before such expiration.

[CGFR 63-40, 28 FR 9736, Sept. 6, 1963, as amended by CG 72-53R, 37 FR 12492, June 24, 1972]

§ 176.01-5 Description.

(a) The certificate of inspection issued to a vessel will describe the vessel, the route which she may travel, the minimum manning requirements, the major lifesaving equipment carried, the minimum fire extinguishing equipment and life preservers required to be carried, the maximum number of passengers and the maximum number of persons which may be carried, the name of the owner and operator, and such conditions of operations as may be determined by the Officer in Charge, Marine Inspection.

(R.S. 4463, as amended, 4488, as amended, sec. 26, 41 Stat. 998, as amended; 46 U.S.C. 222, 481, 882. Treasury Department Orders 120, July 31, 1950, 15 FR 6521; 167-38, October 26, 1959, 24 FR 8857)

[CGFR 69-116, 35 FR 6863, Apr. 30, 1970]

§ 176.01-10 How to obtain or renew.

(a) S and L. The certificate of inspection shall be obtained or renewed by making application for inspection on Form CG-3752, Application for Inspection of U.S. Vessel, to the Coast Guard Marine Inspection Office located in, or nearest the port at which the inspection is to be made. The application forms are available at any local Coast Guard Marine Inspection Office.

(b) S and L. The application for initial inspection of a vessel being newly constructed or converted shall be submitted prior to the start of such construction or conversion. Information