Subpart 188.01-Authority and Purpose

§ 188.01-1 Purpose of regulations.

The purpose of the regulations in this subchapter is to set forth uniform minimum requirements for oceanographic research vessels designated in accordance with § 3.10-1 of this title and subject to Coast Guard inspection requirements. The requirements in this subchapter are prescribed in accordance with the intent of Title 52 of the Revised Statutes and acts amendatory thereof or supplementary thereto which govern inspection and certification of vessels, and provide for oceanographic research vessel exemptions from specific statutory requirements when they are found "* ** not necessary in the performance of the mission of the vessel, * * *”. In addition, they specify the terms and conditions applicable to such vessels as authorized by section 445 of Title 46, United States Code (Pub. L. 89–99). The regulations are necessary to carry out the provisions of applicable laws governing inspection and certification of oceanographic research vessels and have the force of law.

[CGD 77-081, 46 FR 56204, Nov. 16, 1981]

visions of laws and other regulations in this chapter governing such activities.

[CG FR 67-83, 33 FR 1113, Jan. 27, 1968, as amended by CGD 77-081, 46 FR 56204, Nov. 16, 1981]

§ 188.01-5 Assignment of functions.

(a) The Department of Transportation Act (Pub. L. 89-670, 80 Stat. 931950, 49 U.S.C. 1651-1659), transferred to and vested in the Secretary of Transportation all functions,

powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other officers and offices of the Department of the Treasury" (subsection 6(b)(1), 49 U.S.C. 1655(b)). This transfer is subject to certain conditions, modifications, and exceptions as set forth in such act. By a rule in 49 CFR 1.4(a) the Secretary of Transportation delegated to the Commandant, U.S. Coast Guard, authority to exercise certain functions, powers, and duties as set forth in subsections 6(a)(4), 6(b)(1) and 6(g) of such act (49 U.S.C. 1655), subject to conditions, exceptions and modifications as described in 49 CFR Part 1. By a rule in 49 CFR 1.9 the Secretary of Transportation continued in effect actions taken prior to April 1, 1967.

(b) The Commandant, U.S. Coast Guard, in a notice dated March 31, 1967, and effective April 1, 1967 (32 FR 5611), approved the continuation of orders, rules, regulations, policies, procedures, privileges, waivers, and other actions, which had been made, allowed, granted, or issued prior to April 1, 1967, and provided that they shall continue in effect according to their terms until modified, terminated, repealed, superseded, or set aside by appropriate authority.

[CGFR 68-32, 33 FR 5729, Apr. 12, 1968]

§ 188.01-10 Authority for regulations.

(a) General. The authority to prescribe regulations generally is set forth in 46 United States Code, sections 375 and 416, as well as in certain other provisions in 46 United States Code, sections 170, 361, 362, 363, 364, 367, 372, 391, 392, 395, 399, 400, 407, 411, 435, 481, and 489. In 46 United States Code, section 445, is the author

ity for exemptions for oceanographic research vessels upon such terms and conditions as may be deemed necessary. Under the provisions of 46 United States Code, section 372, the Commandant, U.S. Coast Guard, superintends the administration of the vessel inspection laws and is required to produce a correct and uniform administration of the inspection laws, rules and regulations.

(b) Inspection and certification. The regulations regarding inspection and certification of oceanographic vessels interpret or apply 46 United States Code, sections 363, 367, 391, 392, 395, 399, 411, 435, and 481.

(c) Construction and arrangement. The regulations regarding construction and arrangement of oceanographic vessels interpret or apply 46 United States Code, sections 363, 367, 391, 392, 395, and 481.

(d) Subdivision and stability. The regulations regarding subdivision and stability of oceanographic vessels interpret or apply 46 United States Code, sections 86, 88a, 363, 367, 392, 395, 435, and 481.

(e) Lifesaving equipment. The regulations regarding lifesaving equipment of oceanographic vessels interpret or apply 46 United States Code, sections 363, 367, 391, 392, 395, 435, 481, and 526p.

(f) Fire protection equipment. The regulations regarding fire protection equipment of oceanographic vessels interpret or apply 46 United States Code, sections 363, 367, 391, 392, 395, 435, 481, and 526p.

(g) Handling, use and control of explosives and other dangerous articles. The regulations regarding the han

§ 188.05-1

Vessels subject to requirements of this subchapter.

(a) This subchapter shall be applicable to all U.S.-flag vessels indicated in Column 7 of Table 188.05-1(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.