The regulations in this part are prescribed by the Commandant of the Coast Guard, pursuant to a delegation of authority by the Secretary of Homeland Security set forth in Department of Homeland Security Delegation No. 0170.1, to carry out the intent and purpose of 46 U.S.C. 3316 which authorizes the Secretary to rely on reports, documents, and certificates issued by the American Bureau of Shipping (ABS) or a similar United States classification society, or an agent of the ABS or similar society; sections 4502 and 4506 which require safety equipment and operational stability for certain vessels in the commercial fishing industry; section 6104 which requires the Secretary of Transportation to compile statistics concerning marine casualties compiled from vessel insurers and to delegate that authority to compile statistics from insurers to a qualified person; and section 10603 which requires seamen on commercial fishing industry vessels to give notice of illness, injury, or disability to their employer.
資料由法律人 LawPlayer整理提供·U.S. federal law / curated by LawPlayer from GPO govinfo & eCFR
REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS
(a) This section collects and displays the control numbers assigned to information collection and recordkeeping requirements in this part by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq. ). This section complies 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.
§ 28.80
1625-0061
§ 28.90
1625-0061
§ 28.135
1625-0061
§ 28.165
1625-0061
§ 28.530
1625-0061
§ 28.710
1625-0061
§ 28.720
1625-0061
(a) Except as provided in paragraph (b) of this section, this part is applicable to all United States flag vessels not inspected under this chapter that are commercial fishing, fish processing, or fish tender vessels. This includes vessels documented under the provisions of subchapter G of this chapter and vessels numbered by a State or the Coast Guard under the provisions of 33 CFR subchapter S. Certain regulations in this part apply only to limited categories of vessels. Specific applicability statements are provided at the beginning of those regulations.
(b) This part does not apply to a small boat or auxiliary craft that is deployed from a fishing industry vessel for the purpose of handling fishing gear.
(c) The regulations in this part have preemptive effect over State or local regulations in the same field.
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a). 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 make the material available to the public. All approved material is on file at the Coast Guard Headquarters. Contact Commandant (CG-ENG), Attn: Office of Design and Engineering Systems, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509 or you may 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 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:
American Boat and Yacht Council (ABYC),
613 Third Street, Suite 10, Annapolis, MD 21403
E-1-1972—Bonding of Direct Current Systems
28.345
E-8-1985—Alternating Current (AC) Electrical Systems on Boats
28.345
E-9-1981—Recommended Practices and Standards Covering Direct Current (DC) Electrical Systems on Boats
28.345
H-2-1989—Ventilation of Boats Using Gasoline
28.340
H-25-1986—Portable Fuel Systems for Flammable Liquids
28.335
H-33-1989—Diesel Fuel Systems
28.335
P-1-1986—Installation of Exhaust Systems for Propulsion and Auxiliary Engines
28.380
American Society for Testing and Materials (ASTM),
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
ASTM F 1321-92, Standard Guide for Conducting a Stability Test (Lightweight Survey and Inclining Experiment) to Determine the Light Ship Displacement and Centers of Gravity of a Vessel
28.535
International Maritime Organization (IMO),
Publications Section, 4 Albert Embankment, London SE1 7SR, United Kingdom:
Resolution A.658(16) “Use and Fitting of Retro-Reflective Materials on Life-Saving Appliances”, dated November 1989
28.135
National Fire Protection Association (NFPA),
1 Batterymarch Park, Quincy, MA 02269:
70-1990—National Electrical Code (also known as ANSI/NFPA 70-1990)
28.350; 28.370; 28.865
302-1989—Pleasure and Commercial Motor Craft
28.335; 28.340; 28.345
17-1985—Dry Chemical Extinguishing Systems
28.330
17A-1986—Wet Chemical Extinguishing Systems
28.330
Society of Automotive Engineers (SAE),
400 Commonwealth Drive, Warrendale, PA 15096;
SAE J 1475-1984—Hydraulic Hose Fitting for Marine Applications
28.880
SAE J 1942-1989—Hose and Hose Assemblies for Marine Applications
28.405
Underwriters Laboratories, Inc. (UL),
12 Laboratory Drive, Research Triangle Park, NC 27709-3995
UL 217-1985—Single and Multiple Station Smoke Detectors
28.325; 28.830
UL 710-1990—Exhaust Hoods for Commercial Cooking Equipment
28.330
Accepted organization means an organization which has been designated by the Commandant for the purpose of examining commercial fishing industry vessels under the provisions of § 28.73.
Accommodations include:
(1) A messroom.
(2) A lounge.
(3) A sitting area.
(4) A recreation room.
(5) Quarters.
(6) A toilet space.
(7) A shower room.
(8) A galley.
(9) Berthing facilities.
(10) A clothing changing room.
Alcohol concentration means either grams of alcohol per 100 milliliters of blood, or grams of alcohol per 210 liters of breath.
Aleutian trade means the transportation of cargo, including fishery related products, for hire on board a fish tender vessel to or from a place in Alaska west of 153 degrees West longitude and east of 172 degrees East longitude if that place receives weekly common carrier service by water, to or from a place in the United States, except a place in Alaska.
Approved means approved by the Commandant unless otherwise stated.
Auxiliary Craft means a vessel that is carried onboard a commercial fishing vessel and is normally used to support fishing operations.
Boundary lines means the lines described in part 7 of this chapter. In general, they follow the trend of the seaward high water shorelines and cross entrances to small bays, inlets, and rivers. In some areas, they are along the 12-mile line that marks the seaward limits of the territorial sea and, in other areas, they come ashore.
Buoyant Apparatus means a buoyant apparatus approved by the Commandant.
Coast Guard Boarding Officer means a commissioned, warrant, or petty officer of the Coast Guard having authority to board any vessel under the Act of August 4, 1949, 63 Stat. 502, as amended (14 U.S.C. 522).
Coast Guard Representative means a person employed at the cognizant U.S. Coast Guard Sector Office or Marine Inspection Office, or an accepted organization, or a similarly qualified organization approved in examining commercial fishing industry vessels. Contact Commandant (CG-CVC-3); Attn: Fishing Vessels Division, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501 for a current list of accepted organizations or similarly qualified organizations.
Coastal Service Pack means equipment provided in liferafts approved by the Commandant for coastal service.
Coastal waters means coastal waters as defined in 33 CFR 175.105.
Coastline means the territorial sea baseline as defined in 33 CFR 2.20.
Cold water means water where the monthly mean low water temperature is normally 59 °F (15 °C) or less.
Commandant means the Commandant of the Coast Guard or an authorized representative of the Commandant of the Coast Guard.
Commercial fishing industry vessel means a fishing vessel, fish tender vessel, or a fish processing vessel.
Currently corrected means corrected with changes contained in all Notice to Mariners published by the National Geospatial-Intelligence Agency.
Custom engineered means, when referring to a fixed gas fire extinguishing system, a system that is designed for a specific space requiring individual calculations for the extinguishing agent volume, flow rate, and piping, among other factors, for the space.
District Commander means an officer of the Coast Guard designated as such by the Commandant to command all Coast Guard activities within a district.
Documented vessel means a vessel for which a Certificate of Documentation has been issued under the provisions of 46 CFR part 67.
Equipment Packs means equipment provided in liferafts approved by the Commandant.
Especially hazardous condition means a condition which may be life threatening or lead to serious injury if continued.
Fish means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life, except marine mammals and birds.
Fish processing vessel means a vessel that commercially prepares fish or fish products other than by gutting, decapitating, gilling, skinning, shucking, icing, freezing, or brine chilling.
Fish tender vessel means a vessel that commercially supplies, stores, refrigerates, or transports fish, fish products, or materials directly related to fishing or the preparation of fish to or from a fishing, fish processing or fish tender vessel or a fish processing facility.
Fishing vessel means a vessel that commercially engages in the catching, taking, or harvesting of fish or an activity that can reasonably be expected to result in the catching, taking, or harvesting of fish.
Fishing Vessel Drill Conductor means an individual who meets the training requirements of 46 CFR 28.270(c) for conducting drills and providing instruction once a month to each individual on board those vessels to which subpart C of this section applies.
Fishing Vessel Safety Instructor means an individual or organization that has been accepted by the local Officer-in-Charge, Marine Inspection to train Fishing Vessel Drill Conductors to conduct drills and provide instruction on those vessels to which subpart C of this part applies.
Gasoline as used in this part includes gasoline-alcohol blends and any other fuel having a flash point of 110 °F (43.3 °C) or lower.
Inflatable Buoyant Apparatus means an inflatable buoyant apparatus approved by the Commandant.
Inflatable Liferaft means an inflatable liferaft that is approved by the Commandant.
Length means the length listed on the vessel's Certificate of Documentation or Certificate of Number.
Lifeboat means a lifeboat approved by the Commandant.
Liferaft means a liferaft approved by the Commandant.
Major conversion means a conversion of a vessel that—
(1) Substantially changes the dimensions or carrying capacity of the vessel;
(2) Changes the type of the vessel;
(3) Substantially prolongs the life of the vessel; or
(4) Otherwise so changes the vessel that it is essentially a new vessel, as determined by the Commandant.
Mile means a nautical mile.
North Pacific Area means all waters of the North Pacific Ocean and Bering Sea north of 48°30′ north latitude including waters in contiguous bays, inlets, rivers, and sounds.
Officer in Charge, Marine Inspection (OCMI) means an officer of the Coast Guard who commands a Marine Inspection Zone described in 33 CFR part 3 or an authorized representative of that officer.
Open to the atmosphere means a space that has at least 15 square inches (9680 square millimeters) of open area directly exposed to the atmosphere for each cubic foot (0.0283 cubic meters) of net volume of the space.
Operating station means the principal steering station on the vessel from which the vessel is normally navigated.
Pre-engineered means, when referring to a fixed gas fire extinguishing system, a system that is designed and tested to be suitable for installation as a complete unit in a space of a set volume, without modification, regardless of the vessel on which installed.
Similarly qualified organization means an organization which has been designated by the Commandant for the purpose of classing or examining commercial fishing industry vessels under the provisions of § 28.76.
Switchboard means an electrical panel which receives power from a generator, battery, or other electrical power source and distributes power directly or indirectly to all equipment supplied by the power source.
Warm water means water where the monthly mean low water temperature is normally more than 59 °F. (15 °C.).
Watertight means designed and constructed to withstand a static head of water without any leakage, except that “watertight” for the purposes of electrical equipment means enclosed so that equipment does not leak when a stream of water from a hose with a nozzle one inch (25.4 millimeters) in diameter that delivers at least 65 gallons (246 liters) per minute is played on the enclosure from any direction from a distance of 10 feet (3 meters) for five minutes.
Weather deck means the uppermost deck exposed to the weather to which a weathertight sideshell extends.
Weathertight means that water will not penetrate into the unit in any sea condition.
(a) Types of exemptions. (1) Specific exemption means an exemption for an individual commercial fishing industry vessel.
(2) Class exemption means an exemption for a class or fleet of commercial fishing industry vessels.
(b) Exemption procedure. A request for an exemption of either type must be in writing, have specific reasons for the request, and be sent to the Coast Guard District Office having jurisdiction over the waters where the vessel(s) will be operating. Coast Guard District geographical areas are described in 33 CFR part 3. The District Commander will review the request to determine that:
(1) Good cause exists for granting an exemption; and
(2) The safety of the vessel and those on board will not be adversely affected.
(c) The District Commander will either approve or deny the request in writing. In granting a request, the District Commander will specify the terms under which the exemption is granted and distribute the letter describing these terms to the party or parties requesting the exemption.
(d) Exemption letter. Exemption letters, or suitable copies, describing the terms under which the exemption is granted shall be maintained at all times on board each vessel to which any exemption applies.
(e) Right of appeal. Any person directly affected by a decision or action taken under this part may appeal in accordance with § 1.03 of this chapter.
(f) Rescinding an exemption letter. Exemptions granted may be rescinded by the District Commander if it is subsequently determined that the safety of the vessel and those onboard is adversely affected.
(a) A Coast Guard Boarding Officer may direct the master or individual in charge of a vessel, with the concurrence of the District Commander, or staff authorized by the District Commander, to immediately take reasonable steps necessary for the safety of individuals on board the vessel if the Boarding Officer observes the vessel being operated in an unsafe manner and determines that an especially hazardous condition exists. This may include directing the master or individual in charge of the vessel to return the vessel to a mooring and remain there until the situation creating the especially hazardous condition is corrected or other specific action is taken.
(b) Hazardous conditions include, but are not limited to, operation with—
(1) An insufficient number of lifesaving equipment on board, to include serviceable Personal Flotation Devices (PFDs), serviceable immersion suits, or adequate survival craft capacity.
(2) An inoperable Emergency Position Indicating Radio Beacon (EPIRB) or radio communication equipment when required by regulation. There should be at least one operable means of communicating distress. When both are required, then at least one must be in operable condition to avoid termination of the voyage;
(3) Inadequate firefighting equipment on board;
(4) Excessive volatile fuel (gasoline or solvents) or volatile fuel vapors in bilges;
(5) Instability resulting from overloading, improper loading or lack of freeboard;
(6) Inoperable bilge system;
(7) Intoxication of the master or individual in charge of a commercial fishing vessel. An individual is intoxicated when he/she is operating a commercial fishing vessel and has an alcohol concentration of .04 percent, or the intoxicant's effect on the person's manner, disposition, speech, muscular movement, general appearance or behavior is apparent by observation;
(8) A lack of adequate operable navigation lights during periods of reduced visibility;
(9) Watertight closures missing or inoperable;
(10) Flooding or uncontrolled leakage in any space; or
(11) A missing or expired certificate of class, as required by 46 U.S.C. 4503(1), for a fish processing vessel.
(c) A Coast Guard Boarding Officer may direct the individual in charge of a fish processing vessel that is missing a Load Line Certificate, or that does not comply with the provisions of the Load Line Certificate issued by the American Bureau of Shipping or a similarly qualified organization, to return the vessel to a mooring and to remain there until the vessel obtains such a certificate.
(a) Equipment and material that is required by this subchapter to be approved or of an approved type, must have been manufactured and approved in accordance with the design and testing requirements in subchapter Q of this chapter or as otherwise specified by the Commandant.
(b) 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.
An organization desiring to be designated by the Commandant as an accepted organization must request such designation in writing. As a minimum the organization must verify that it is an organization—
(a) With a Code of Ethics;
(b) Whose surveyors are familiar with the requirements of this chapter related to commercial fishing industry vessels;
(c) Whose surveyors are familiar with the operations and equipment on board commercial fishing industry vessels;
(d) Whose only interest in the fishing industry is in ensuring the safety of commercial fishing industry vessels and surveying commercial fishing industry vessels;
(e) That has grievance procedures;
(f) That has procedures for accepting and terminating membership of an individual, including minimum professional qualifications for surveyors;
(g) That maintains a roster of present and past accepted members and surveyors; and
(h) That has an Apprentice/Associate program for surveyors.
An organization desiring to be designated by the Commandant as a similarly qualified organization must request such designation in writing. As a minimum the organization must verify that it—
(a) Publishes standards for vessel design and construction which are as widely available as and which are of similar content to the standards published by the ABS;
(b) Performs periodic surveys in a wide range of localities during and after construction to ensure compliance with published standards, including drydock examinations, in a manner similar to the ABS;
(c) Issues certificates testifying to compliance with the published standards;
(d) Has as its primary concern the survey and classification of vessels;
(e) Has no interest in owning or operating fishing, fish processing, or fish tender vessels; and
(f) Maintains records of surveys and makes such records available to the Coast Guard upon request in a manner similar to the ABS.
(a) Except for a casualty which is required to be reported to the Coast Guard on Form CG 2692 in accordance with part 4 of this chapter, the owner, agent, operator, master, or individual in charge of a vessel involved in a casualty must submit a report in accordance with paragraph (c) of this section, as soon as possible after the casualty, to the underwriter of primary insurance for the vessel or to an organization listed in paragraph (d) of this section whenever the casualty involves any of the following.
(1) Loss of life.
(2) An injury that requires professional medical treatment (treatment beyond first aid) and that renders the individual unfit to perform his or her routine duties.
(3) Loss of a vessel.
(4) Damage to or by a vessel, its cargo, apparel or gear, except for fishing gear while not on board a vessel, or that impairs the seaworthiness of the vessel, or that is initially estimated at $2,500.00 or more.
(b) Each underwriter of primary insurance for a commercial fishing industry vessel must submit a report of each casualty involving that vessel to an organization listed in paragraph (d) of this section within 90 days of receiving notice of the casualty and whenever it pays a claim resulting from the casualty. Initial reports must be in accordance with paragraph (c) of this section. Subsequent reports must contain sufficient information to identify the casualty and any new or corrected casualty data.
(c) Each report of casualty must include the following information:
(1) The name and address of the vessel owner and vessel operator, if different than the vessel owner;
(2) The name and address of the underwriter of primary insurance for the vessel;
(3) The name, registry number, call sign, gross tonnage, year of build, length, and hull material of the vessel;
(4) The date, location, primary cause, and nature of the casualty;
(5) The specific fishery, intended catch, and length of fishery opening when applicable;
(6) The date that the casualty was reported to the underwriter of primary insurance for the vessel, or to an organization acceptable to the Commandant;
(7) The activity of the vessel at the time of the casualty;
(8) The weather conditions at the time of the casualty, if the weather caused or contributed to the cause of the casualty;
(9) The damages to or by the vessel, its apparel, gear, or cargo;
(10) The monetary amounts paid for damages;
(11) The name, birth date, social security number, address, job title, length of disability, activity at the time of injury, type of injury, and medical treatment required for each individual incapacitated for more than 72 hours, or deceased as a result of the casualty;
(12) The name, registry number, and call sign of every other vessel involved in the casualty; and
(13) The monetary amount paid for an injury or a death.
(d) A casualty to a commercial fishing industry vessel must be reported to an organization that has knowledge and experience in the collection and processing of statistical insurance data and that has been accepted by the Commandant to receive and process casualty data under this part. The Commandant has accepted for this purpose:
(1) Verisk Insurance Solutions, ISO Claim Search® Solutions, 545 Washington Boulevard, Jersey City, NJ 07310.
(2) [Reserved]
Note:
The Coast Guard intends to treat information collected under this section from underwriters of primary insurance as exempt from disclosure under the Freedom of Information Act because it is commercial and financial information which, if disclosed, would be likely to cause substantial harm to the competitive position of the underwriter.
Each individual employed on a commercial fishing industry vessel must notify the master, individual in charge of the vessel, or other agent of the employer of each illness, disability, or injury suffered while in service to the vessel not later than seven days after the date on which the illness, disability, or injury arose.
Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with part 1, subpart 1.03 of this chapter.
Each commercial fishing industry vessel must meet the requirements of this subpart, in addition to the requirements of parts 24, 25, and 26 of this chapter.
(a) In addition to the requirements of this subpart, each commercial fishing industry vessel must comply with the requirements of part 25, subpart 25.25 of this chapter.
(b) Except as provided in § 28.120(d), each item of lifesaving equipment carried on board a vessel to meet the requirements of this part must be approved by the Commandant. Equipment for personal use which is not required by this part need not be approved by the Commandant.
(a) Except as provided by § 28.305 of this chapter, each vessel must be equipped with at least one immersion suit, exposure suit, or wearable personal flotation device of the proper size for each individual on board as specified in table 1 to § 28.110 and part 25, subpart 25.25 of this chapter. Notwithstanding the provisions of paragraphs (c) and (d) of § 25.25-1 of this chapter, each commercial fishing industry vessel propelled by sail, and each manned barge employed in commercial fishing activities, must meet the requirements of this paragraph.
(b) Each wearable personal flotation device must be stowed so that it is readily accessible to the individual for whom it is intended, from both the individual's normal work station and berthing area. If there is no location accessible to both the work station and the berthing area, an appropriate device must be stowed in both locations.
Table 1 to § 28.110—Personal Flotation Devices and Immersion Suits
Applicable waters
Vessel type
Devices required
Other regulations
Seaward of the Boundary Line and North of 32° N or South of 32° S; and Lake Superior
Documented Vessel
Immersion suit or exposure suit
28.135; 25.25-9(a); 25.25-13; 25.25-15.
Coastal Waters on the West Coast of the United States north of Point Reyes, CA; Beyond Coastal Waters, cold water; and Lake Superior
All vessels
Immersion suit or exposure suit
28.135; 25.25-9(a); 25.25-13; 25.25-15.
All other waters (Includes all Great Lakes except Lake Superior)
40 feet (12.2 meters) or more in length
Wearable PFD approved under approval series 160.055, 160.155, or 160.176, or 160.255 immersion suit, or exposure suit. 1
28.135; 25.25-5; 25.25-9(a); 25.25-13; 25.25-15.
Less than 40 feet (12.2 meters) in length
Wearable PFD approved under subchapter Q of this chapter, immersion suit, or exposure suit. 1
28.135; 25.25-5; 25.25-9(a); 25.25-13; 25.25-15.
1 A commercial hybrid approved under former approval series 160.077 prior to [EFFECTIVE DATE OF FINAL RULE] may be substituted for a PFD approved under approval series 160.055, 160.155, 160.176, or 160.255 if it is in good and serviceable condition, used in accordance with the conditions marked on the PFD and in the owner's manual, and labeled for use on commercial vessels.
(a) Except as provided in paragraph (b) of this section and § 28.305, each vessel must be equipped with a throwable flotation device or a ring life buoy as specified in table 28.115. If the vessel is equipped with a ring life buoy, at least one ring life buoy must be equipped with a line which is at least:
(1) 60 feet (18.3 meters) in length for a vessel less than 65 feet (19.8 meters) in length; or
(2) 90 feet (27.4 meters) in length for a vessel 65 feet (19.8 meters) or more in length.
(b) For each vessel less than 65 feet (19.8 meters) in length, an approved 20 inch (0.51 meters) or larger ring life buoy which is in serviceable condition and which was installed on board before September 15, 1991, may be used to meet the requirements of paragraph (a) of this section.
Table 28.115—Throwable Flotation Devices
Vessel length
Devices required
Less than 16 feet (4.9 meters)
None.
16 feet (4.9 meters) or more, but less than 26 feet (7.9 meters)
1 buoyant cushion, or ring life buoy (Type IV PFD).
26 feet (7.9 meters) or more, but less than 65 feet (19.8 meters)
1 ring life buoy approval number starting with 160.009 or 160.050; orange; at least 24 inch (0.61 meters) size.
65 feet (19.8 meters) or more
3 ring life buoys, approval number 160.050; orange; at least 24 inch (0.61 meters) size.
Note:
Certain Type V PFDs are approved for use in substitution for Type IV PFDs, when used in accordance with the conditions stated in the Coast Guard approval label.
(a) Except as provided in paragraphs (b) through (h) of this section and 28.305, each vessel must carry the survival craft specified in table 28.120(a), table 28.120(b), or table 28.120(c), as appropriate for the vessel, in an aggregate capacity to accommodate the total number of individuals on board.
(b) The requirements of this section do not apply to vessels less than 10.97 meters (36 feet) in length with 3 or fewer individuals on board which operate within 12 miles of the coastline.
(c) A buoyant apparatus may be substituted instead of the requirements in this section for vessels 10.97 meters (36 feet) or more in length with 3 or fewer individuals on board which operate within 12 miles of the coastline.
(d) Each survival craft installed on board a vessel before September 15, 1991, may continue to be used to meet the requirements of this section provided the survival craft is—
(1) Of the same type as required in tables 28.120(a), 28.120(b), or 28.120(c), as appropriate for the vessel type; and
(2) Maintained in good and serviceable condition.
(e) Each inflatable liferaft installed on board a vessel before September 15, 1991, may continue to be used to meet the requirements for an approved inflatable liferaft, provided the existing liferaft is—
(1) Maintained in good and serviceable condition as required by table 28.140; and
(2) Equipped with the equipment pack required by tables 28.120(a), 28.120(b), or 28.120(c), as appropriate for the vessel type. Where no equipment pack is specified in tables 28.120(a), 28.120(b), or 28.120(c), a coastal service pack is the minimum required.
(f) A lifeboat may be substituted for any survival craft required by this section, provided it is arranged and equipped in accordance with part 199 of this chapter.
(g) The capacity of an auxiliary craft carried on board a vessel that is integral to and necessary for normal fishing operations will satisfy the requirements of this section for survival craft, except for an inflatable liferaft, provided the craft is readily accessible during an emergency and is capable of safely holding all individuals on board the vessel. If the auxiliary craft is equipped with a Coast Guard required capacity plate, the boat must not be loaded so as to exceed the rated capacity.
(h) A vessel less than 10.97 meters (36 feet) in length that meets the flotation provisions of 33 CFR part 183 is exempt from the requirement for survival craft in paragraph (a) of this section for operation on—
(1) Any waters within 12 miles of the coastline.
(2) Rivers.
Table 28.120( a )—Survival Craft for Documented Vessels
Area
Vessel type
Survival craft required
Beyond 50 miles of coastline
All
Inflatable liferaft with SOLAS A pack.
Between 20-50 miles of coastline, cold waters
All
Inflatable liferaft with SOLAS B pack.
Between 20-50 miles of coastline, warm waters
All
Inflatable liferaft.
Beyond Boundary Line, between 12-20 miles of coastline, cold waters
All
Inflatable liferaft.
Beyond Boundary Line, within 12 miles of coastline, cold waters
10.97 meters (36 feet) or more in length
Inflatable buoyant apparatus. See note 2.
Beyond Boundary Line, within 12 miles of coastline, cold waters
Less than 10.97 meters (36 feet) in length
Buoyant apparatus. See note 2.
Beyond Boundary Line, within 20 miles of coastline, warm waters
All
Life float. See note 2.
Inside Boundary Line, cold waters; or Lakes, bays, sounds, cold waters; or Rivers, cold waters
10.97 meters (36 feet) or more in length
Inflatable buoyant apparatus. See note 2.
Inside Boundary Line, cold waters; or Lakes, bays, sounds, cold waters; or Rivers, cold waters
Less than 10.97 meters (36 feet) in length
Buoyant apparatus. See note 2.
Inside Boundary Line, warm waters; or Lakes, bays, sounds, warm waters; or Rivers, warm waters
All
None.
Great Lakes, cold waters
10.97 meters (36 feet) or more in length
Inflatable buoyant apparatus. See note 2.
Great Lakes, cold waters
Less than 10.97 meters (36 feet) in length
Buoyant apparatus. See note 2.
Great Lakes, beyond 3 miles of coastline, warm waters
All
Buoyant apparatus. See note 2.
Great Lakes, within 3 miles of coastline, warm waters
All
None.
Note: 1. The hierarchy of survival craft in descending order is lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft with SOLAS B pack, inflatable liferaft with coastal service pack, inflatable buoyant apparatus, life float, buoyant apparatus. A survival craft higher in the hierarchy may be substituted for any survival craft required in this table.
2. If a vessel carriers 3 or fewer individuals within 12 miles of the coastline, see § 28.120 (b) and (c) for carriage substitution.
Table 28.120( b )—Survival Craft for Undocumented Vessels With Not More Than 16 Individuals on Board
Area
Vessel type
Survival craft required
Beyond 20 miles of coastline
All
Inflatable buoyant apparatus.
Beyond Boundary Line, between 12-20 miles of coastline, cold waters
All
Inflatable buoyant apparatus.
Beyond Boundary Line, within 12 miles of coastline, cold waters
10.97 meters (36 feet) or more in length
Buoyant apparatus.
Beyond Boundary Line, within 12 miles of coastline, cold waters
Less than 10.97 meters (36 feet) in length
Buoyant apparatus. See note 2.
Beyond Boundary Line, within 20 miles of coastline, warm waters
All
Life float. See note 2.
Inside Boundary Line, cold waters; or Lakes, bays, sounds, cold waters; or rivers, cold water
10.97 meters (36 feet) or more in length
Buoyant apparatus.
Inside Boundary Line, cold waters; or Lakes, bays, sounds, cold waters; or Rivers, cold water
Less than 10.97 meters (36 feet) in length
Buoyant apparatus See note 2.
Inside Boundary Line, warm waters; or Lakes, bays, sounds, warm waters; or Rivers, warm waters
All
None.
Great Lakes, cold waters
All
Buoyant apparatus. See note 2.
Great Lakes, beyond 3 miles of coastline warm waters
All
Buoyant apparatus. See note 2.
Great Lakes, within 3 miles of coastline warm waters
All
None.
Note: 1. The hierarchy of survival craft in descending order is lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft with SOLAS B pack, inflatable liferaft with coastal service pack, inflatable buoyant apparatus, life float, buoyant apparatus. A survival craft higher in the hierarchy may be substituted for any survival craft required in this table.
2. If a vessel carries 3 or fewer individuals within 12 miles of the coastline, see § 28.120 (b) and (c) for carriage substitution.
Table 28.120( c )—Survival Craft for Undocumented Vessels With More Than 16 Individuals on Board
Area
Vessel type
Survival craft required
Beyond 50 miles of coastline
All
Inflatable liferaft with SOLAS A pack.
Between 20-50 miles of coastline, cold waters
All
Inflatable liferaft with SOLAS B pack.
Between 20-50 miles of coastline, warm waters
All
Inflatable liferaft.
Beyond Boundary Line, between 12-20 miles of coastline, cold waters
All
Inflatable liferaft.
Beyond Boundary Line, within 12 miles of coastline, cold waters
10.97 meters (36 feet) or more in length
Inflatable buoyant apparatus.
Beyond Boundary Line, within 12 miles of coastline, cold waters
Less than 10.97 meters (36 feet) in length
Buoyant apparatus.
Beyond Boundary Line, within 20 miles of coastline, warm waters
All
Life float.
Inside Boundary Line, cold waters; or Lakes, bays, sounds, cold waters; or Rivers, cold waters
10.97 meters (36 feet) or more in length
Inflatable buoyant apparatus.
Inside Boundary Line, cold waters; or Lakes, bays, sounds, cold waters; or Rivers, cold waters
Less than 10.97 meters (36 feet) in length
Buoyant apparatus.
Inside Boundary Line, warm waters; or Lakes, bays, sounds, warm waters; or Rivers, warm waters
All
None.
Great Lakes, cold waters
10.97 meters (36 feet) or more in length
Inflatable buoyant apparatus.
Great Lakes, cold waters
Less than 10.97 meters (36 feet) in length
Buoyant apparatus.
Great Lakes, beyond 3 miles of coastline warm waters
All
Buoyant apparatus.
Great Lakes, within 3 miles of coastline warm waters
All
None.
Note: 1. The hierarchy of survival craft in descending order is lifeboat, liferaft with SOLAS A pack, Inflatable liferaft with SOLAS A pack, liferaft with SOLAS B pack, Inflatable liferaft with SOLAS B pack, Inflatable liferaft with coastal service pack, inflatable buoyant apparatus, life float, buoyant apparatus. A survival craft higher in the hierarchy may be substituted for any survival craft required in this table.
(a) Each inflatable liferaft required to be equipped with a SOLAS A or a SOLAS B equipment pack must be stowed so as to float free and automatically inflate in the event the vessel sinks.
(b) Each inflatable liferaft, inflatable buoyant apparatus, and any auxiliary craft used in their place, must be kept readily accessible for launching or be stowed so as to float free in the event the vessel sinks.
(c) Each hydrostatic release unit used in a float-free arrangement must be approved under part 160, subpart 160.062 of this chapter.
(d) Each float-free link used with a buoyant apparatus or with a life float must be certified to meet part 160, subpart 160.073 of this chapter.
(a) General. Each item of survival craft equipment must be of good quality, effective for the purpose it is intended to serve, and secured to the craft.
(b) Inflatable liferafts. Each inflatable liferaft must have one of the following equipment packs as shown by the markings on its container:
(1) Coastal Service;
(2) SOLAS B Pack (formerly “Limited Service”); or
(3) SOLAS A Pack (formerly “Ocean Service”).
(c) Each life float and buoyant apparatus must be fitted with a lifeline, pendants, a painter, and a floating electric water light approved under part 161 subpart 161.010 of this chapter.
(d) Other survival craft. A vessel must not carry survival craft other than inflatable liferafts, life floats, inflatable buoyant apparatus, or buoyant apparatus, such as lifeboats or rigid liferafts, unless the survival craft and launching equipment comply with the requirements for installation, arrangement, equipment, and maintenance contained in 46 CFR part 199.
(a) Except as provided in paragraph (d) of this section, lifesaving equipment carried aboard a vessel pursuant to the requirements of this subpart or part 25, subpart 25.25 of this chapter must be marked as specified in table 28.135.
(b) Lettering used in lifesaving equipment markings must be in block capital letters.
(c) Retroreflective markings required by this section must be with material approved under part 164, subpart 164.018 of this chapter. The arrangement of the retroreflective material must meet IMO Resolution A.658(16).
(d) A wearable personal flotation device must be marked with the name of either the vessel, the owner of the device, or the individual to whom it is assigned.
Table 28.135—Lifesaving Equipment Markings
Item
Markings Required
Name of vessel
Retroreflective material
Wearable personal flotation device (Type I, II, III, or wearable Type V); Immersion suit or exposure suit
See § 28.135(d)
Type I or Type II.
Ring life buoy
X
Type II.
Inflatable liferaft
See note
See note.
Inflatable buoyant apparatus
See note
See note.
Life float
X
Type II.
Buoyant apparatus
X
Type II.
Auxiliary craft
X
Type II.
EPIRB
X
Type II.
Note:
No marking other than that provided by the manufacturer and the servicing facility is required.
(a) The master or individual in charge of a vessel must ensure that each item of lifesaving equipment must be in good working order, ready for immediate use, and readily accessible before the vessel leaves port and at all times when the vessel is operated.
(b) Each item of lifesaving equipment, including unapproved equipment, must be maintained and inspected in accordance with:
(1) Table 28.140 in this section;
(2) The servicing procedure under the subpart of this chapter applicable to the item's approval; and
(3) The manufacturer's guidelines.
(c) An inflatable liferaft or inflatable buoyant apparatus must be serviced no later than the month and year on its servicing sticker affixed under 46 CFR 160.151-57(n), and whenever the container is damaged or the container straps or seals are broken. It must be serviced at a facility specifically approved by the Commandant for the particular brand.
(d) An escape route from a space where an individual may be employed or an accommodation space must not be obstructed.
Table 28.140—Scheduled Maintenance and Inspection of Lifesaving Equipment
Item
Interval
Regulation
Monthly
Annually
(1) Inflatable wearable personal flotation device (Type V commercial hybrid)
Servicing
28.140
(2) Personal flotation devices, exposure suits and immersion suits
Inspect, clean and repair as necessary
28.140
(3) Buoyant apparatus and life floats
Inspect, clean and repair as necessary
28.140
(4) Inflatable liferaft
Servicing 1
28.140
(5) Inflatable buoyant apparatus
Servicing 1
28.140
(6) Hydrostatic release
Servicing 1
28.140
(7) Disposable hydrostatic release
Replace on or before expiration date
28.140
(8) Undated batteries
Replace
28.140
(9) Dated batteries 2 and other items
Replace on or before expiration date
25.26-50, 28.140
(10) EPIRB
Test
25.26-50
1 For a new liferaft or inflatable buoyant apparatus, the first annual servicing may be deferred to two years from the date of first packing if so indicated on the servicing sticker.
2 Water activated batteries must be replaced whenever they are used.
Except as provided by 28.305, each vessel must be equipped with the distress signals specified in table 28.145.
Table 28.145—Distress Signals
Area
Devices required
Ocean, more than 50 miles from coastline
3 parachute flares, approval series 160.136; plus 6 hand flares, approval series 160.121; plus 3 smoke signals, approval series 160.122.
Ocean, 3-50 miles from the coastline; or more than 3 miles from the coastline on the Great Lakes
3 parachute flares, approval series 160.136, or 160.036; plus 6 hand flares, approval series 160.121 or 160.021; plus 3 smoke signals, approval series 160.122, 160.022, or 160.037.
Coastal waters, excluding the Great Lakes; or within 3 miles of the coastline on the Great Lakes
Night visual distress signals consisting of one electric distress light, approval series 161.013 or 3 approved flares; plus Day visual distress signals consisting of one distress flag, approval series 160.072, or 3 approved flares, or 3 approved smoke signals. 1
1 If flares are carried, the same 3 flares may be counted toward meeting both the day and night requirement.
Each vessel must be equipped with an emergency position indicating radio beacon (EPIRB) as required by 46 CFR part 25, subpart 25.26.
Note:
Each vessel which uses radio communication equipment must have a Ship Radio Station License issued by the Federal Communications Commission, as set forth in 47 CFR part 80.
(a) Use of non-approved fire detection systems may be acceptable as excess equipment provided that—
(1) Components are listed and labeled by an independent, nationally recognized testing laboratory (NRTL) as set forth in 29 CFR 1910.7, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer's specific guidance; and
(2) The system and units remain functional as intended.
(b) The regulations in this section have preemptive effect over State or local regulation within the same field.
(a) Each vessel must meet the requirements of part 25, subpart 25.30 of this chapter.
(b) Each vessel 65 feet (19.8 meters) or more in length must be equipped with the minimum number, location, and type of portable fire extinguishers specified in table 28.160.
(c) Semi-portable extinguishers must be located in the open so as to be readily seen.
(d) Table 28.160 of this section indicates the minimum required classification for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table.
(e) The regulations in this section have preemptive effect over State or local regulation within the same field.
Table 28.160—Portable Fire Extinguishers for Vessels 65 Feet (19.8 Meters) or More in Length
Space
Minimum required rating
Quantity and location
Safety areas, communicating corridors
2-A
1 in each main corridor not more than 150 ft (45.7m) apart. (May be located in stairways.)
Pilothouse
20-B:C
2 in the vicinity of the exit.
Service spaces, galleys
40-B:C
1 for each 2,500 sq ft (232.2 sq m) or fraction thereof suitable for hazards involved.
Paint lockers
40-B
1 outside space in the vicinity of the exit.
Accessible baggage and storerooms
2-A
1 for each 2,500 sq ft (232.2 sq m) or fraction thereof located in the vicinity of the exits, either inside or outside the spaces.
Workshops and similar spaces
2-A
1 outside the space in the vicinity of the exit.
Machinery spaces; Internal combustion propelling machinery
40-B:C
1 for each 1,000 brake horsepower or fraction thereof but not fewer than 2 or more than 6.
Electric propulsion motors or generator unit of open type
40-B:C
1 for each propulsion motor generator unit.
Auxiliary spaces
40-B:C
1 outside the space in the vicinity of the exit.
Internal combustion machinery
40-B:C
1 outside the space in the vicinity of the exit.
Electric emergency motors or generators
40-B:C
1 outside the space in the vicinity of the exit.
Each vessel must have posted in a highly visible location accessible to the crew a placard measuring at least 5 inches by 7 inches (127 millimeters by 178 millimeters) which reads:
Notice
Report All Injuries
United States law, 46 United States Code 10603, requires each seaman on a fishing vessel, fish processing vessel, or fish tender vessel to notify the master or individual in charge of the vessel or other agent of the employer regarding any illness, disability, or injury suffered by the seaman when in service to the vessel not later than seven days after the date on which the illness, disability, or injury arose.
Each documented commercial fishing industry vessel must meet the requirements of this subpart in addition to the requirements of subparts A and B of this part if it:
(a) Operates beyond the Boundary Lines;
(b) Operates with more than 16 individuals on board; or
(c) Is a fish tender vessel engaged in the Aleutian trade.
(a) Each vessel that operates with more than 49 individuals on board must be equipped with at least two fireman's outfits stowed in widely separated locations.
(b) Each vessel that uses ammonia as a refrigerant must be equipped with at least two self-contained breathing apparatuses.
(c) A fireman's outfit must consist of one self-contained breathing apparatus with lifeline attached, one flashlight, a rigid helmet, boots, gloves, protective clothing, and one fire axe.
(d) At least one spare air bottle must be provided for each self-contained breathing apparatus.
(e) Each self-contained breathing apparatus must be approved by the Mine Safety and Health Administration (MSHA) and by the National Institute for Occupational Safety and Health (NIOSH), have as a minimum a 30 minute air supply, and a full facepiece.
(a) Each vessel must have on board a complete first aid manual and medicine chest of a size suitable for the number of individuals on board in a readily accessible location.
(b) First aid and cardiopulmonary resuscitation (CPR) course certification. Certification in first aid and CPR must be as described in this paragraph.
(1) First aid—a certificate indicating completion of a first aid course from:
(i) The American National Red Cross “Standard First Aid and Emergency Care” or “Multi-media Standard First Aid” course; or
(ii) A course approved by the Coast Guard under § 11.201(i) of this chapter.
(2) CPR—A certificate indicating completion of course from:
(i) The American National Red Cross;
(ii) The American Heart Association; or
(iii) A course approved by the Coast guard under § 10.205(h)(2)(iii) of this chapter.
(c) Each vessel that operates with more than 2 individuals on board must have at least 1 individual certified in first aid and at least 1 individual certified in CPR. An individual certified in both first aid and CPR will satisfy both of these requirements.
(d) Each vessel that operates with more than 16 individuals on board must have at least 2 individuals certified in first aid and at least 2 individuals certified in CPR. An individual certified in both first aid and CPR may be counted for both requirements.
(e) Each vessel that operates with more than 49 individuals on board must have at least 4 individuals certified in first aid and at least 4 individuals certified in CPR. An individual certified in both first aid and CPR may be counted for both requirements.
(a) Each space on board a vessel must meet the requirements of this section.
(b) Suitable hand covers, guards, or railing must be installed in way of machinery which can cause injury to personnel, such as gearing, chain or belt drives, and rotating shafting. This is not meant to restrict necessary access to fishing equipment such as winches, drums, or gurdies.
(c) Each exhaust pipe from an internal combustion engine which is within reach of personnel must be insulated or otherwise guarded to prevent burns.
(a) Each vessel must have at least the following navigational information on board:
(1) Marine charts of the area to be transited, published by the National Ocean Service, the National Geospatial-Intelligence Agency, U.S. Army Corps of Engineers, or a river authority that—
(i) Are of a large enough scale and have enough detail to make safe navigation of the area possible; and
(ii) Are currently corrected.
(2) For the area to be transited, a currently corrected copy of, or applicable currently corrected extract from, each of the following publications:
(i) U.S. Coast Pilot; and
(ii) Coast Guard Light List.
(3) For the area to be transited, the current edition of, or applicable current extract from, each of the following publications:
(i) Tide tables promulgated by the National Ocean Service; and
(ii) Tidal current tables promulgated by the National Ocean Service, or a river current publication issued by the U.S. Corps of Engineers or a river authority.
(b) Each vessel of 39.4 feet (12 meters) or more in length that operates shoreward of the COLREG Demarcation Lines, as set forth in 33 CFR part 80, must carry on board and maintain for ready reference a copy of the Inland Navigation Rules, as set forth in 33 CFR chapter I, subchapter E.
Each vessel must be equipped with an operable magnetic steering compass with a compass deviation table at the operating station.
(a) Each vessel must be fitted with an anchor(s) and chain(s), cable, or rope appropriate for the vessel and the waters of the intended voyage.
(b) Except for a vessel rigged with gear that provides a radar signature from a distance of 6 miles, each nonmetallic hull vessel must have a radar reflector.
(a) Except as provided in paragraph (f) of this section, each vessel with an accommodation space or a work space which is not adjacent to the operating station, must have an audible general alarm system with a contact-maker at the operating station suitable for notifying individuals on board in the event of an emergency.
(b) The general alarm system must be capable of notifying an individual in any accommodation space or work space where they may normally be employed.
(c) In a work space where background noise makes a general alarm system difficult to hear, a flashing red light must also be installed.
(d) Each general alarm bell and flashing red light must be identified with red lettering at least
1/2 inch (13 millimeters) high as follows:
Attention
General Alarm—When Alarm Sounds Go to Your Station.
(e) A general alarm system must be tested prior to operation of the vessel and at least once each week thereafter.
(f) A public address system or other means of alerting all individuals on board may be used in lieu of a general alarm system provided it complies with paragraphs (b), (c), and (e) of this section and can be activated from the operating station.
(a) Except as provided in paragraphs (b) through (e) of this section, each vessel must be equipped as follows.
(1) Each vessel must be equipped with a VHF radiotelephone capable of transmitting and receiving on the frequency or frequencies within the 156-162 MHz band necessary to communicate with a public coast station or U.S. Coast Guard station serving the area in which the vessel is operating.
(2) Each vessel that operates more than 20 miles from the coastline, in addition to the VHF radiotelephone required by paragraph (a)(1) of this section, must be equipped with a radiotelephone transceiver capable of transmitting and receiving on frequencies in the 2-4 MHz band necessary to communicate with a public coast station or U.S. Coast Guard station serving the area in which the vessel is operating.
(3) Each vessel that operates more than 100 miles from the coastline, in addition to the communication equipment required by paragraph (a)(1) of this section must be equipped with a radiotelephone transceiver capable of transmitting and receiving on frequencies in the 2-27.5 MHz band necessary to communicate with a public coast station or U.S. Coast Guard station serving the area in which the vessel is operating.
(4) Each vessel that operates in waters contiguous to Alaska where no public coast station or U.S. Coast Guard station is within communications range of a VHF radio transceiver operating on the 156-162 MHz band or the 2-4 MHz band, in addition to the VHF radio communication equipment required by paragraph (a)(1) of this section, must be equipped with a radiotelephone transceiver capable of transmitting and receiving on frequencies in the 2-27.5 MHz band necessary to communicate with a public coast station or a U.S. Coast Guard station serving the area in which the vessel is operating.
(b) A single radio transceiver capable of meeting the requirements of paragraphs (a) (2) and (3), or paragraphs (a) (2), (3), and (4) of this section, is acceptable.
(c) Satellite communication capability with the system servicing the area in which the vessel is operating is acceptable as an alternative to the requirements of paragraphs (a)(2), (a)(3), or (a)(4) of this section.
(d) A cellular telephone capable of communicating with a public coast station or a U.S. Coast Guard station serving the area in which the vessel is operating is acceptable as an alternative to the requirements of paragraphs (a)(2), (a)(3), or (a)(4) of this section.
(e) A radiotelephone transceiver installed on board a vessel before September 15, 1991, capable of transmitting and receiving on frequencies on the 4-20 MHz band may continue to be used to satisfy the requirements of paragraphs (a)(3) and (a)(4) of this section.
(f) The principle operating position of the communication equipment must be at the operating station.
(g) Communication equipment must be installed to ensure safe operation of the equipment and to facilitate repair. It must be protected against vibration, moisture, temperature, and excessive currents and voltages. It must be located so as to minimize the possibility of water intrusion from windows broken by heavy seas.
(h) Communication equipment must comply with the technical standards and operating requirements issued by the Federal Communications Commission, as set forth in 47 CFR part 80.
Note:
Each vessel which uses radio equipment to meet the communication requirements of this section must have a Ship Radio Station License issued by the Federal Communications Commission, as set forth in 47 CFR part 80.
(i) All communication equipment must be provided with an emergency source of power that complies with § 28.375.
On a vessel 36 feet (11.8 meters) or more in length, a visual and audible alarm must be provided at the operating station to indicate high water level in each of the following normally unmanned spaces:
(a) A space with a through-hull fitting below the deepest load waterline, such as the lazarette;
(b) A machinery space bilge, bilge well, shaft alley bilge, or other space subject to flooding from sea water piping within the space; and
(c) A space with a non-watertight closure, such as a space with a non-watertight hatch on the main deck.
(a) Each vessel must be equipped with a bilge pump and bilge piping capable of draining any watertight compartment, other than tanks and small buoyancy compartments, under all service conditions. Large spaces, such as enginerooms must be fitted with more than one suction line.
(b) In addition to the requirements of paragraph (a) of this section, a space used in the sorting or processing of fish in which water is used must be fitted with dewatering system capable of dewatering the space under normal conditions of list and trim at the same rate as water is introduced. Pumps used as part of the processing of fish do not count for meeting this requirement. The dewatering system must be interlocked with the pump(s) supplying water to the space, so that in the event of failure of the dewatering system, the water supply is inactivated.
(c) Except as provided by paragraph (f) of this section, each vessel 79 feet (24 meters) or more in length must be equipped with a fixed, self-priming, powered, bilge pump connected to a bilge manifold.
(d) If a bilge pump required by paragraph (a) of this section is portable, it must be provided with a suitable suction hose of adequate length to reach the bilges of each watertight compartment it must serve and with a discharge hose of adequate length to ensure overboard discharge. A portable pump must be capable of dewatering each space it serves at a rate of at least 2 inches (51 millimeters) of water depth per minute.
(e) Except for a fire pump required by § 28.315, a bilge pump may be used for other purposes.
(f) Except where an individual pump is provided for a separate space or for a portable pump, each individual bilge suction line must be led to a manifold. Each bilge suction line must be provided with a stop valve at the manifold and a check valve at some accessible point in the bilge line to prevent unintended flooding of a space.
(g) Each bilge suction line and dewatering system suction must be fitted with a suitable strainer to prevent clogging of the suction line. Strainers must have an open area of not less than three times the open area of the suction line.
(h) Each vessel must comply with the oil pollution prevention requirements of 33 CFR parts 151 and 155.
Each vessel 79 feet (24 meters) or more in length must be equipped with an electronic position fixing device capable of providing accurate fixes for the area in which the vessel operates.
(a) Except as provided in paragraphs (b) and (c) of this section, each vessel must have emergency instructions posted in conspicuous locations accessible to the crew.
(b) The instructions identified in paragraphs (d)(6), (d)(7), (d)(8), and (d)(9) of this section, may be kept readily available as an alternative to posting.
(c) On a vessel which operates with less than 4 individuals on board, the emergency instructions may be kept readily available as an alternative to posting.
(d) The emergency instructions required by this section must identify at least the following information, as appropriate for the vessel:
(1) The survival craft embarkation stations aboard the vessel and the survival craft to which each individual is assigned;
(2) The fire and emergency signal and the abandon ship signal;
(3) If immersion suits are provided, the location of the suits and illustrated instructions on the method for donning the suits;
(4) Procedures for making a distress call, such as:
(i) Make sure your communication equipment is on.
(ii) Select 156.8 MHz (VHF channel 16), 2182 kHz, or other distress frequency used in your area of operation. Note: VHF channel 16 and 2182 kHz on SSB are for emergency and calling purposes only.
(iii) Press microphone button and speaking slowly—clearly—calmly say:
“Mayday—Mayday—Mayday”
(iv) Say: “This is the M/V (Insert name of your vessel), (Insert name of your vessel), (Insert name of your vessel), Over.”
(v) Release the microphone button briefly and listen for acknowledgment. If no one answers, repeat steps in paragraphs (d)(4) (iii) and (iv) of this section.
(vi) If there is still no answer, or if the Coast Guard or another vessel responds, say: “Mayday—This is the M/V (Insert Name of Your Vessel).”
(vii) Describe your position using latitude and longitude coordinates, or range and bearing from a known point.
(viii) State the nature of the distress.
(ix) Give number of individuals aboard and the nature of any injuries.
(x) Estimate the present seaworthiness of your vessel.
(xi) Describe your vessel: (Insert length, color, hull type, trim, masts, power, and any additional distinguishing features).
(xii) Say: “I will be listening on Channel 16/2182 (or other channel monitored).”
(xiii) End message by saying: “This is (insert vessel's name and call sign).”
(xiv) If your situation permits, stand by the radio to await further communication with the Coast Guard or another vessel. If no answer, repeat, then try another channel.
(5) Essential action that must be taken in an emergency by each individual, such as:
(i) Making a distress call.
(ii) Closing of hatches, airports, watertight doors, vents, scuppers, and valves for intake and discharge lines which penetrate the hull, stopping of fans and ventilation systems, and operation of all safety equipment.
(iii) Preparing and launching of survival craft and rescue boats.
(iv) Fighting a fire.
(v) Mustering of personnel including—
(A) Seeing that they are properly dressed and have put on their lifejackets or immersion suits; and
(B) Assembling personnel and directing them to their appointed stations.
(vi) Manning of fire parties assigned to deal with fires.
(vii) Special duties required for the operation of fire fighting equipment.
(6) The procedures for rough weather at sea, crossing hazardous bars, flooding, and anchoring of the vessel, such as:
(i) Close all watertight and weathertight doors, hatches and airports to prevent taking water aboard or further flooding in the vessel.
(ii) Keep bilges dry to prevent loss of stability due to water in bilges. Use power driven bilge pump, hand pump, and buckets to dewater.
(iii) Align fire pumps to use as bilge pumps, if possible.
(iv) Check all intake and discharge lines which penetrate the hull for leakage.
(v) Personnel should remain stationary and evenly distributed.
(vi) Personnel should don lifejackets and immersion suits if the going becomes very rough, the vessel is about to cross a hazardous bar, or when otherwise instructed by the master or individual in charge of the vessel.
(7) The procedures for anchoring the vessel.
(8) The procedures to be used in the event an individual falls overboard, such as:
(i) Throw a ring life buoy as close to the individual as possible;
(ii) Post a lookout to keep the individual in the water in sight;
(iii) Launch the rescue boat and maneuver it to pick up the individual in the water;
(iv) Have a crewmember put on a lifejacket or immersion suit, attach a safety line to the crewmember, and have the crewmember standby to jump into the water to assist in recovering the individual in the water if necessary;
(v) If the individual overboard is not immediately located, notify the Coast Guard and other vessels in the vicinity; and
(vi) Continue searching until released by the Coast Guard.
(9) Procedures for fighting a fire, such as:
(i) Shut off air supply to the fire—close hatches, ports, doors, ventilators, and similar openings.
(ii) Deenergize the electrical systems supplying the affected space, if possible.
(iii) Immediately use a portable fire extinguisher or use water for fires in ordinary combustible materials. Do not use water on electrical fires.
(iv) If the fire is in a machinery space, shut off the fuel supply and ventilation system and activate the fixed extinguishing system, if installed.
(v) Maneuver the vessel to minimize the effect of wind on the fire.
(vi) If unable to control the fire, immediately notify the Coast Guard and other vessels in the vicinity.
(vii) Move personnel away from the fire, have them put on lifejackets, and if necessary, prepare to abandon the vessel.
(a) Drills and instruction. The master or individual in charge of each vessel must ensure that drills are conducted and instruction is given to each individual on board at least once each month. Instruction may be provided in conjunction with drills or at other times and places provided it ensures that each individual is familiar with their duties and their responses to at least the following contingencies:
(1) Abandoning the vessel;
(2) Fighting a fire in different locations on board the vessel;
(3) Recovering an individual from the water;
(4) Minimizing the effects of unintentional flooding;
(5) Launching survival craft and recovering lifeboats and rescue boats;
(6) Donning immersion suits and other wearable personal flotation devices;
(7) Donning a fireman's outfit and a self-contained breathing apparatus, if the vessel is so equipped;
(8) Making a voice radio distress call and using visual distress signals;
(9) Activating the general alarm; and
(10) Reporting inoperative alarm systems and fire detection systems.
(b) Participation in drills. Drills must be conducted on board the vessel as if there were an actual emergency and must include participation by all individuals on board, breaking out and using emergency equipment, testing of all alarm and detection systems, donning protective clothing, and donning immersion suits, if the vessel is so equipped.
(c) Training. No individual may conduct the drills or provide the instructions required by this section unless that individual has been trained in the proper procedures for conducting the activity.
(d) The viewing of videotapes concerning at least the contingencies listed in paragraph (a) of this section, whether on board the vessel or not, followed by a discussion led by an individual familiar with these contingencies will satisfy the requirement for instruction but not the requirement for drills in paragraph (b) of this section or for the safety orientation in paragraph (e) of this section.
(e) Safety orientation. The master or individual in charge of a vessel must ensure that a safety orientation is given to each individual on board that has not received the instruction and has not participated in the drills required by paragraph (a) of this section before the vessel may be operated.
(f) The safety orientation must explain the emergency instructions required by § 28.265 and cover the specific evolutions listed in paragraph (a) of this section.
Note:
The individual conducting the drills and instruction need not be the master, individual in charge of the vessel, or a member of the crew.
(a) A Fishing Vessel Safety Instructor shall submit a detailed course curriculum that relates directly to the contingencies listed in § 28.270(a), or a letter certifying the use of the “Personal Survival and Emergency Drills Course,” a national standard curriculum, to the cognizant OCMI. This document can be ordered through the U.S. Marine Safety Association (USMSA), 5050 Industrial Road, Farmingdale, NJ 07727; telephone: (732) 751-0102; fax: (732) 751-0508; or e-mail: [email protected]. For the criteria of Fishing Vessel Safety Instructor, the following documentation shall be provided to the cognizant OCMI:
(1) Proof of at least 1 year of experience in a marine related field and experience that relates directly to the contingencies listed in § 28.270(a) including—
(i) Experience as an instructor; or
(ii) Training received in instructional methods; or
(2) A valid license or officer endorsement issued by the Coast Guard authorizing service as master of uninspected fishing industry vessels and proof of experience that relates directly to the contingencies listed in § 28.270(a) including—
(i) Experience as an instructor; or
(ii) Training received in instructional methods; or
(3) A valid license or officer endorsement issued by the Coast Guard authorizing service as a master of inspected vessels of 100 gross tons or more and proof of experience that relates directly to the contingencies listed in § 28.270(a) including—
(i) Experience as an instructor; or
(ii) Training received in instructional methods.
(b) Each OCMI will issue a letter of acceptance to all qualified individuals and will maintain a list of accepted instructors in his/her zone.
(c) Letters of acceptance shall be valid for a period of 5 years.
(d) Fishing Vessel Safety Instructors or the organization providing training shall issue documents to Fishing Vessel Drill Conductors upon successful completion of all required training.
Each commercial fishing industry vessel which has its keel laid or is at a similar stage of construction, or which undergoes a major conversion completed on or after September 15, 1991, and that operates with more than 16 individuals on board, must comply with the requirements of this subpart in addition to the requirements of subparts A, B, and C of this part.
Each vessel to which this subpart applies must meet the requirements for life preservers, immersion suits, ring life buoys, distress signals, and survival craft in §§ 28.110, 28.115, 28.145 and table 28.120 (a), (b), or (c), as appropriate for the vessel type, on the date that its construction or major conversion is completed.
A gate or other opening must be provided in the deck rails, lifelines, or bulwarks adjacent to the stowage location of each survival craft which weighs more than 110 pounds (489 Newtons), to allow the survival craft to be manually launched.
(a) Each vessel 36 feet (11.8 meters) or more in length must be equipped with a self-priming, power driven fire pump connected to a fixed piping system.
(1) A fire pump on a vessel 79 feet (24 meters) or more in length must be capable of delivering water simultaneously from the two highest hydrants, or from both branches of the fitting if the highest hydrant has a siamese fitting, at a pitot tube pressure of at least 50 psi (0.345 Newtons per square millimeter) and a flow rate of at least 80 gpm (303 liters per minute).
(2) Each vessel with a power driven fire pump must be equipped to permit energizing the fire main from the operating station and from the pump.
(b) Fire main, hydrants, hoses and nozzles. (1) A vessel required to have a fixed fire main system must have a sufficient number of fire hydrants to reach any part of the vessel using a single length of fire hose.
(2) A fire hose must be connected to each fire hydrant at all times the vessel is operating.
(3) A fire hose on a vessel less than 79 feet (24 meters) in length must be at least
5/8 inch (16 millimeters) nominal diameter, be of good commercial grade and be fitted with a nozzle of corrosion resistant material capable of providing a solid stream and a spray pattern.
(4) A fire hose on a vessel 79 feet (24 meters) or more in length must be lined commercial fire hose and be fitted with a nozzle made of corrosion resistant material capable of providing a solid stream and a spray pattern.
(a) Requirements for vessels 79 feet (24 meters) or more in length. A vessel 79 feet (24 meters) or more in length must be fitted with a fixed gas fire extinguishing system in the following enclosed spaces:
(1) A space containing an internal combustion engine of more than 50 horsepower;
(2) A space containing an oil fired boiler;
(3) An incinerator and;
(4) A space containing a gasoline storage tank.
(b) System types and alternatives. (1) A pre-engineered fixed gas fire extinguishing system may be installed only in a normally unoccupied machinery space, paint locker, or space containing flammable liquid stores that has a gross volume of not more than 33.98 cubic meters (1200 cubic feet).
(2) A fixed gas fire extinguishing system that is capable of automatic discharge upon heat detection may be installed only in a normally unoccupied space with a gross volume of not more than 169.92 cubic meters (6000 cubic feet).
(3) A space with a gross volume exceeding 169.92 cubic meters (6000 cubic feet) must be fitted with a manually actuated and alarmed fixed gas fire extinguishing system.
(c) General requirements. (1) A fixed gas fire extinguishing system aboard a vessel must be approved by the Commandant and be custom engineered, unless the system meets the requirements for a pre-engineered fixed gas fire extinguishing system in paragraph (d) of this section.
(2) System components must be listed and labeled by an independent, nationally recognized testing laboratory for the system being installed.
(3) System design and installation must be in accordance with the Manufacturer's Marine Design, Installation, Operation, and Maintenance Manual approved for the system by the Commandant.
(4) A fixed gas fire extinguishing system may protect more than one space. The quantity of extinguishing agent must be at least sufficient for the largest space protected by the system.
(d) Pre-engineered fixed gas fire extinguishing systems. (1) A pre-engineered fixed gas fire extinguishing system must:
(i) Be approved by the Commandant;
(ii) Be capable of manual actuation from outside the space in addition to any automatic actuation devices; and
(iii) Automatically shut down all power ventilation systems serving the protected space and all engines that draw intake air from within the protected space.
(2) A vessel on which a pre-engineered fixed gas fire extinguishing system is installed must have the following equipment at the operating station:
(i) A visual alarm to indicate the discharge of the extinguishing agent;
(ii) An audible alarm to sound upon discharge of the extinguishing agent; and
(iii) A means to reset devices used to automatically shut down ventilation systems and engines as required by paragraph (d)(1)(iii) of this section.
(a) Each accommodation space must be equipped with an independent modular smoke detector or a smoke actuated fire detecting unit installed in accordance with 46 CFR part 76.
(b) An independent modular smoke detector must meet UL 217 and be listed as a “Single Station Smoke Detector—Also suitable for use in Recreational Vehicles.”
(c) The regulations in this section have preemptive effect over State or local regulation within the same field.
(a) Each vessel must be fitted with a grease extraction hood complying with UL 710 above each grill, broiler, and deep fat fryer.
(b) Each grease extraction hood must be equipped with a pre-engineered dry or wet chemical fire extinguishing system meeting the applicable sections of NFPA 17 or 17A and must be listed by an independent laboratory.
(c) A vessel 79 feet (24 meters) or more in length must have at least one fire axe located in or adjacent to the operating station.
(a) Applicability. Except for the components of an outboard engine or portable bilge pump, each vessel must meet the requirements of this section.
(b) Portable fuel systems. Portable fuel systems including portable tanks and related fuel lines and accessories are prohibited except where used for outboard engines or portable bilge pumps. The design, construction, and stowage of portable tanks and related fuel lines and accessories must meet the requirements of ABYC H-25.
(c) Fuel restrictions. Except for outboard engines, the use of fuel other than bunker C or diesel is prohibited. An installation using bunker C must comply with the requirements of subchapter F of this chapter.
(d) Vent pipes for integral fuel tanks. Each integral fuel tank must meet the requirements of this paragraph.
(1) Each fuel tank must be fitted with a vent pipe connected to the highest point of the tank terminating in a 180 degree (3.14 radians) bend on a weather deck and fitted with a flame screen.
(2) Except where provision is made to fill a tank under pressure, the net cross-sectional area of the vent pipe for a fuel tank must not be less than 0.484 square inches (312.3 square millimeters).
(3) Where provision is made to fill a tank under pressure, the net cross-sectional area of the vent pipe must not be less than that of the fill pipe.
(e) Fuel piping. Except as permitted in paragraph (e)(1) and (e)(2) of this section, each fuel line must be seamless and must be of steel, annealed copper, nickel-copper, or copper-nickel. Each fuel line must have a wall thickness of not less than that of 0.035 inch (0.9 millimeters) except that:
(1) Aluminum piping is acceptable on an aluminum hull vessel provided it is installed outside the machinery space and is at least Schedule 80 in thickness; and
(2) Nonmetallic flexible hose is acceptable but must—
(i) Not be used in lengths of more than 30 inches (0.82 meters);
(ii) Be visible, easily accessible, and must not penetrate a watertight bulkhead;
(iii) Be fabricated with an inner tube and a cover of synthetic rubber or other suitable material reinforced with wire braid.
(iv) Be fitted with suitable, corrosion resistant, compression fittings; and
(v) Be installed with two clamps at each end of the hose, if designed for use with clamps. Clamps must not rely on spring tension and must be installed beyond the bead or flare or over the serrations of the mating spud, pipe, or hose fitting.
(f) A fuel line subject to internal head pressure from fuel in the tank must be fitted with a positive shutoff valve located at the tank which is operable from a safe location outside the space in which the valve is located.
(g) A vessel less than 79 feet (24 meters) in length may comply with one of the following standards in lieu of the requirements of paragraphs (e) and (f) of this section.
(1) ABYC H-33.
(2) Chapter 5 of NFPA 302.
(3) 33 CFR chapter I, subchapter S (Boating Safety).
Cite this law
REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS (U.S.C.). Retrieved via LawPlayer, https://lawplayer.com/us/act/cfr-title-46-part-28
United States government works (U.S. Code, Code of Federal Regulations) are in the public domain under 17 U.S.C. § 105.
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