GENERAL PROVISIONS

• Citation: 46 CFR Part 188
• Sections: 59

§ 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 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.

§ 188.01-3 Scope of regulations.

The regulations in this subchapter contain requirements for materials, design, construction, equipment, lifesaving appliances and procedures, fire protection, and fire prevention procedures, inspection and certification, and special operational requirements for oceanographic research vessels, including the handling, use, and control of explosives and other dangerous articles or substances. The regulations in this subchapter (parts 188, 189, 190, and 193 through 196) have preemptive effect over State or local regulations in the same field.

§ 188.01-5 Incorporation by reference.

(a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from the sources listed below. It is also available for inspection at 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.

(b) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617-770-3000, http://www.nfpa.org.

(1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009, IBR approved for § 189.25-20(a).

(2) [Reserved]

§ 188.01-7 Right of appeal.

Any person directly affected by a decision or action taken under this subchapter, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subchapter 1.03 of this chapter.

§ 188.01-15 OMB control numbers assigned pursuant to the Paperwork Reduction Act.

(a) Purpose. This section collects and displays the control numbers assigned to information collection and recordkeeping requirements in this subchapter by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq. ). The Coast Guard intends that this section comply with the requirements of 44 U.S.C. 3507(f), which requires that agencies display a current control number assigned by the Director of the OMB for each approved agency information collection requirement.

(b) Display.

46 CFR part or section where identified or described

Current OMB control No.

§ 189.40-3

1625-0032

§ 189.40-5

1625-0032

§ 196.15-7

1625-0064

§ 196.15-18

1625-0064

§ 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]

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 188.10-1 Anniversary date.

The term anniversary date means the day and the month of each year, which corresponds to the date of expiration of the Certificate of Inspection.

§ 188.10-2 Approved.

This term means approved by the Commandant unless otherwise stated.

§ 188.10-3 Approved container.

This term means a container which is properly labeled, marked and approved by DOT for the commodity which it contains.

§ 188.10-5 Barge.

This term means any non-self-propelled vessel.

§ 188.10-6 Captain of the Port.

This term means an officer of the Coast Guard designated as such by the Commandant and who, under the superintendence and direction of the Coast Guard District Commander, gives immediate direction to Coast Guard law enforcement activities within his assigned area. In addition, the District Commander shall be the Captain of the Port with respect to remaining areas in his district not assigned to officers designated by the Commandant as Captain of the Port.

§ 188.10-7 Chemical stores.

This term means those chemicals intended for use in the performance of the vessel's scientific activities and is further defined in § 194.05-3.

§ 188.10-9 Chemical storeroom.

This term refers to any compartment specifically constructed or modified for the stowage of chemical stores and so designated and identified.

§ 188.10-11 Chemistry laboratory.

This term includes any space in which experiments are conducted or chemicals are used for scientific purposes in conjunction with the research mission of the vessel, and is so identified.

§ 188.10-13 Coast Guard District Commander.

This term means an officer of the Coast Guard designated as such by the Commandant to command all Coast Guard activities within the officer's district, which include the inspections, enforcement, and administration of Subtitle II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, and regulations issued under these statutes.

§ 188.10-15 Coastwise.

Under this designation shall be included all vessels normally navigating the waters of any ocean or the Gulf of America 20 nautical miles or less offshore.

§ 188.10-17 Combustible liquid.

This term includes any liquid whose flashpoint, as determined by an open cup tester, is above 80 °F.

§ 188.10-19 Commandant.

This term means the Commandant of the Coast Guard.

§ 188.10-21 Compressed gas.

This term includes any material or mixture having in the container an absolute pressure exceeding 40 p.s.i. at 70 °F.; or regardless of the pressure at 70 °F., having an absolute pressure exceeding 104 p.s.i. at 130 °F.; or any liquid flammable material having a vapor pressure exceeding 40 p.s.i. absolute at 100 °F. as determined by the Reid method covered by the American Society for Testing Materials Method of Test for Vapor Pressure of Petroleum Products (D-323). Compressed gases are discussed in more detail in 49 CFR parts 171-179.

§ 188.10-23 Corrosive liquids.

(a) This term includes those acids, alkaline caustic liquids, and other corrosive liquids which, when in contact with living tissues, will cause severe damage of such tissues, by chemical action; or in case of leakage, will materially damage or destroy other freight by chemical action, or are liable to cause fire when in contact with organic matter or with certain chemicals.

(b) A corrosive substance may be:

(1) Solid, such as iodine; or,

(2) Liquid, such as acids, or caustic soda solution; or,

(3) Gaseous, such as chlorine or sulfur dioxide.

§ 188.10-25 Explosive.

This term means a chemical compound or mixture, the primary purpose of which is to function by explosion; i.e. , with substantially instantaneous release of gas and heat. Explosives are discussed in more detail in 49 CFR parts 171-179.

§ 188.10-27 Flammable liquid.

This term includes any liquid whose flashpoint, as determined by an open cup tester, is 80 °F. or below.

§ 188.10-31 Great Lakes.

Under this designation shall be included all vessels navigating the Great Lakes.

§ 188.10-33 Headquarters.

This term means the Commandant (CG-00), Attn: Commandant, U.S. Coast Guard Stop 7000, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7000.

§ 188.10-35 International voyage.

(a) This section describes those voyages which are considered to be “international voyages” for the purposes of this subchapter.

(b) Except as provided in paragraph (c) of this section, the term “international voyage” as used in this subchapter shall have the same meaning as that contained in Regulation 2(d), Chapter I of the International Convention for Safety of Life at Sea, 1974, i.e. , International voyage means a voyage from a country to which the present convention applies to a port outside such country, or conversely.”

(c) The International Convention for Safety of Life at Sea, 1974, does not apply to vessels “solely navigating the Great Lakes of North America and the River St. Lawrence as far east as a straight line drawn from Cap de Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63d Meridian.” Accordingly, such vessels shall not be considered as being on an “international voyage” for the purpose of this subchapter.

(d) In addition, although voyages between the continental United States and Hawaii or Alaska, and voyages between Hawaii and Alaska are not “international voyages” under the provisions of the International Convention for Safety of Life at Sea, 1974, such voyages are similar in nature and shall be considered as “international voyages” for the purposes of this subchapter.

§ 188.10-37 Label.

This term means the label required by 49 CFR part 172 to be affixed to containers of explosives or other hazardous materials.

§ 188.10-39 Lakes, bays, and sounds.

Under this designation shall be included all vessels navigating the waters of any of the lakes, bays, or sounds, other than the waters of the Great Lakes.

§ 188.10-41 Liquefied compressed gas.

This term means a gas which, under the charged pressure, is partially liquid at a temperature of 70 °F.

§ 188.10-43 Liquefied flammable gas.

This term means any flammable gas having a Reid vapor pressure exceeding 40 p.s.i. which has been liquefied.

§ 188.10-45 Marine inspector or inspector.

These terms mean any person from the civilian or military branch of the Coast Guard assigned under the superintendence and direction of an Officer in Charge, Marine Inspection, or any other person as may be designated for the performance of duties with respect to the inspections, enforcement, and administration of Subtitle II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, and regulations issued under these statutes.

§ 188.10-49 Numbered vessel.

This term means a vessel which is numbered under the provisions of 46 U.S.C. Chapter 123.

§ 188.10-51 Ocean.

Under this designation shall be included all vessels navigating the waters of any ocean, or the Gulf of America more than 20 nautical miles offshore.

§ 188.10-53 Oceanographic research vessel.

The term 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.

§ 188.10-55 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 Subtitle II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, and regulations issued under these statutes.

§ 188.10-56 Pilot boarding equipment and point of access.

(a) Pilot boarding equipment means a pilot ladder, accommodation ladder, pilot hoist, or combination of them as required by this subchapter.

(b) Point of access means the place on deck of a vessel where a person steps onto or off of pilot boarding equipment.

§ 188.10-57 Portable tank.

This phrase means a container having a capacity greater than 110 gallons, which is independent of the vessel's structure.

§ 188.10-59 Recognized classification society.

This term means the American Bureau of Shipping or other classification society recognized by the Commandant.

§ 188.10-61 Rivers.

Under this designation shall be included all vessels whose navigation is restricted to rivers and/or canals exclusively, and to such other waters as may be so designated by the Coast Guard District Commander.

§ 188.10-65 Seagoing barge.

A seagoing barge is a nonself-propelled vessel of at least 100 gross tons making voyages beyond the Boundary Line (as defined in 46 CFR part 7).

§ 188.10-67 Scientific equipment.

This term means equipment installed or carried on board an oceanographic research vessel and not normally required for the operation of a vessel or its machinery or for the navigation of the vessel, and which is used primarily in the gathering of scientific data or samples or in processing, analyzing, preserving, or storing such data or samples.

§ 188.10-69 Scientific laboratory.

This term means those spaces on board an oceanographic research vessel used primarily for scientific experimentation or research, and are so identified.

§ 188.10-71 Scientific personnel.

This term means those persons who are aboard an oceanographic research vessel solely for the purpose of engaging in scientific research, or in instructing, or receiving instruction, in oceanography or limnology, and shall not be considered seamen under the provisions of Title 46, United States Code.

§ 188.10-73 Ships' stores and supplies.

This term means any article or substance which is used on board a vessel subject to the appropriate portions of part 147 of Subchapter N (Dangerous Cargoes) of this chapter for the upkeep and maintenance of the vessel; or for the safety or comfort of the vessel, its passengers or crew; or for the operation or navigation of the vessel (except fuel for its own machinery).