I consideration of the route, modes of operation, and speed of the vessel.

(b) The height of ceilings in a passenger accommodation space, including aisles and passageways, must be at least 1880 millimeters (74 inches), but may be reduced at the sides of a space to allow for camber, wiring, ventilation ducts, and piping.

(c) A passenger accommodation space must be maintained to minimize fire and safety hazards and to preserve sancitary conditions. Aisles must be kept clear of obstructions.

† (d) A passenger accommodation space must not contain:

(1) Electrical generation equipment or transformers, high temperature ⠀ parts, pipelines, rotating assemblies, or any other item that could injure a passenger, unless such an item is adequately shielded or isolated; or

(2) A control for operating the vessel, unless the control is so protected and located that operation of the vessel by a crew member will not be impeded by a passenger during normal or emergency operations.

(e) The deck above a passenger accommodation space must be located above the deepest load waterline.

(f) A variation from a requirement of this subpart may be authorized by the Commanding Officer, Marine Safety Center for an unusual arrangement or design provided there is no significant reduction of space, accessibility, safety, or sanitation.

$116.810 Overnight accommodations.

(a) A berth must be provided for each passenger authorized to be carried in overnight accommodation spaces. Each berth must measure at least 1880 millimeters (74 inches) by 610 millimeters (24 inches) and have at least 610 millimeters (24 inches) of clear space above. (b) Berths must not be located more than three high and must be constructed of wood, fiber reinforced plastic, or metal. A berth located more than 1,525 millimeters (60 inches) above the deck must be fitted with a suitable aid for access.

(c) The construction and arrangement of berths and other furniture must allow free and unobstructed access to each berth. Each berth must be immediately adjacent to an aisle lead

ing to a means of escape from the accommodation space. As aisle alongside a berth must be at least 610 millimeters (24 inches) wide. An aisle joining two or more aisles in an overnight accommodation space must be at least 1,065 millimeters (42 inches) wide.

[CGD 85-080, 61 FR 900, Jan. 10, 1996, as amended at 62 FR 51350, Sept. 30, 1997]

§ 116.820 Seating.

(a) A seat must be provided for each passenger permitted in a space for which the fixed seating criterion in § 115.113(b)(3) of this subchapter has been used to determine the number of passengers permitted.

(b) A seat must be constructed to minimize the possibility of injury and avoid trapping occupants.

(c) Installation of seats must provide for ready escape.

(d) Seats, including fixed, temporary, or portable seats, must be arranged as follows:

(1) An aisle of not more than 3.8 meters (15 feet) in overall length must be not less than 610 millimeters (24 inches) in width.

(2) An aisle of more than 3.8 meters (15 feet) in overall length must be not less than 760 millimeters (30 inches) in width.

(3) Where seats are in rows, the distance from seat front to seat front must be not less than 760 millimeters (30 inches) and the seats must be secured to a deck or bulkhead.

(4) Seats used to determined the number of passengers permitted, in accordance with §115.113(b)(3) of this subchapter, must be secured to the deck, bulkhead, or bulwark.

[CGD 85-080, 61 FR 900, Jan. 10, 1996, as amended by CGD 97-057, 62 FR 51047, Sept. 30, 1997]

Subpart I-Rails and Guards

§ 116.900 Deck rails.

(a) Except as otherwise provided in this section, rails or equivalent protection must be installed near the periphery of all decks of a vessel accessible to passengers or crew. Equivalent protection may include lifelines, wire rope, chains, and bulwarks, that provide strength and support equivalent to

fixed rails. Deck rails must include a top rail with the minimum height required by this section, and lower courses or equivalent protection as required by this section.

(b) Deck rails must be designed and constructed to withstand a point load of 91 kilograms (200 pounds) applied at any point in any direction, and a uniform load of 74 kilograms per meter (50 pounds per foot) applied to the top rail in any direction. The point and uniform loads do not need to be applied simultaneously.

(c) Where space limitations make deck rails impractical for areas designed for crew use only, such as at narrow catwalks in way of deckhouse sides, hand grabs may be substituted.

(d) The height of top rails required by paragraph (a) of this section must be as follows:

(1) Rails on passenger decks of a ferry or a vessel engaged in excursion trips, including but not limited to sightseeing trips, dinner and party cruises, and overnight cruises, must be at least 1,000 millimeters (39.5 inches) high.

(2) Rails on a vessel subject to the 1966 International Convention on Load Lines must be at least 1,000 millimeters (39.5 inches) high.

(3) All other rails must be at least 910 millimeters (36 inches) high.

(e) A sailing vessel, an open boat, or any other vessel not specifically covered elsewhere in this section, must have rails of a minimum height or equivalent protection as considered necessary by the cognizant OCMI, based on the vessel's operation, route, and seating arrangement.

(f) Rail courses or an equivalent must be installed between a top rail required by paragraph (a) of this section and the deck so that no open space exists that is more than 305 millimeters (12 inches) high, except:

(1) On passenger decks of a ferry or of a vessel on an excursion trip one of the following must be installed:

(i) Bulwarks;

(ii) Chain link fencing or wire mesh that has openings of not more than 100 millimeters (4 inches) in diameter; or

(iii) Bars, slats, rail courses, or an equivalent spaced at intervals of not more than 100 millimeters (4 inches).

(2) On a vessel subject to the 1966 International Convention on Load Lines, rail courses, or an equivalent, must be installed so that there is not an open space higher than 230 millimeters (9 inches) from the deck to the first rail course or equivalent.

(g) Rails must be permanently installed except that the following rails may be removable:

(1) Rails in way of embarkation stations and boarding locations; and

(2) Rails on a vessel when the service of the vessel is routinely changed, as determined by the cognizant OCMI, and the required top rail height varies depending on the service of the vessel at a particular time.

§ 116.920 Storm rails.

Suitable storm rails or hand grabs must be installed where necessary in passageways, at deckhouse sides, and at ladders and hatches.

§ 116.940 Guards in vehicle spaces.

On a vessel authorized to carry one or more vehicles, suitable chains, cables, or other barriers must be installed at the end of each vehicle runway. In addition, temporary rails or equivalent protection must be installed in way of each vehicle ramp, in compliance with §116.900 of this part, when the vessel is underway.

§ 116.960 Guards for exposed hazards.

An exposed hazard, such as gears or rotating machinery, must be protected by a cover, guard, or rail.

§ 116.970 Protection against hot piping.

Piping, including valves, pipe fittings and flanges, conveying vapor, gas, or liquid, the temperature of which exceeds 65.5° C (150° F), must be insulated where necessary to prevent injuries.

Subpart J-Window Construction and Visibility

§ 116.1010 Safety glazing materials.

Glass and other glazing material used in windows must be of material that will not break into dangerous fragments if fractured.

§116.1020 Strength.

Each window, port hole, and its means of attachment to the hull or deck house, must be capable of withstanding the maximum load from wave and wind conditions expected due to its location on the vessel and the authorized route of the vessel.

$116.1030 Operating station visibility.

(a) Windows and other openings at the operating station must be of sufficient size and properly located to provide an adequate view for safe navigation in all operating conditions.

(b) Glass or other glazing material used in windows at the operating station must have a light transmission of not less than 70 percent according to Test 2 of American National Standards Institute (ANSI) Z 26.1 "Safety Glazing Materials For Motor Vehicles Operating on Land Highways," and must comply with Test 15 of ANSI Z 26.1 for Class I Optical Deviation.

Subpart K-Drainage and Watertight Integrity of Weather Decks

$116.1110 Drainage of flush deck vessels.

(a) Except as provided in paragraph (b) of this section, the weather deck on a flush deck vessel must be watertight and have no obstruction to overboard drainage.

(b) Each flush deck vessel may have solid bulwarks in the forward one-third length of the vessel if:

(1) The bulwarks do not form a well enclosed on all sides; and

(2) The foredeck of the vessel has sufficient sheer to ensure drainage aft.

$116.1120 Drainage of cockpit_vessels,

well deck vessels, and open boats. Drainage of cockpit vessels, well deck vessels, and open boats must meet the applicable requirements of S$178.420, 178.430, 178.440, 178.450 in subchapter T of this chapter.

$116.1160 Watertight integrity.

(a) A hatch exposed to the weather must be watertight, except that the following hatches may be weathertight:

(1) A hatch on a watertight trunk that extends at least 305 millimeters (12 inches) above the weather deck; (2) A hatch in a cabin top; and

(3) A hatch on a vessel that operates only on protected waters.

(b) A hatch cover must:

(1) Have securing devices; and

(2) Be attached to the hatch frame or coaming by hinges, captive chains, or other devices of substantial strength to prevent its loss.

(c) A hatch cover that provides access to accommodation spaces must be operable from either side.

(d) A weathertight door must be provided for each opening located in a deck house or companionway. Permanent watertight coamings must be provided as follows:

(1) On a vessel on an exposed or partially protected route, a watertight coaming with a height of at least 150 millimeters (6 inches) must be provided under each weathertight door in a cockpit or a well, or on the main deck of a flush deck vessel.

(2) On a vessel on a protected route, a watertight coaming with a height of at least 75 millimeters (3 inches) must be provided under each weathertight door in a cockpit or a well.

(3) The height of the watertight coaming for a hinged watertight door, need only be sufficient to accommodate the door.

(a) Any solid fixed ballast used to comply with the requirements of Parts 170 and 171 in subchapter S of this chapter must be:

(1) Stowed in a manner that prevents shifting of the ballast; and

(2) Installed to the satisfaction of the cognizant OCMI.

(b) Solid fixed ballast may not be located forward of the collision bulkhead unless the installation and arrangement of the ballast and the collision bulkhead minimizes the risk of the ballast penetrating the bulkhead in a collision.

(c) Solid fixed ballast may not be removed from a vessel or relocated unless approved by the cognizant OCMI except that ballast may be temporarily

partment of Homeland Security Delegation No. 0170.1.

SOURCE: CGD 85-080, 61 FR 911, Jan. 10, 1996, unless otherwise noted.

Subpart A-General Provisions

$117.10 Applicability to vessels on an international voyage.

A vessel on an international voyage subject to the International Convention for Safety of Life at Sea, 1974, as amended, (SOLAS) must meet the requirements in subchapter W of this chapter for passenger vessels in the same service, instead of the requirements of this part.

[CGD 85-080, 62 FR 51350, Sept. 30, 1997]

§ 117.15 Applicability to existing vessels.

An existing vessel must comply with the requirements of this part except as otherwise specified by this section.

(a) Before March 11, 2001, or 10 years after the vessel's keel was laid or the vessel was at a similar stage of construction, whichever is later, an existing vessel may comply with the requirements in effect for the vessel prior to March 11, 1996, for the number and type of survival craft, stowage arrangements, and launching appliances for survival craft.

(b) on or before March 11, 2001, or 10 years after the vessel's keel was laid or the vessel was at a similar stage of construction, whichever is later, an existing vessel must:

(1) Be equipped with the number of survival craft required for its route under §§ 117.202, 117.204, 117.205, 117.206, 117.207, or 117.208 of this part, as applicable; and

(2) Comply with the stowage and launching appliance requirements for survival craft in §§117.130 through 117.150 of this part, inclusive.

(c) Each inflatable liferaft, inflatable buoyant apparatus, life float, and buoyant apparatus on the vessel on March 11, 1996, may be used to meet the requirements of this part as long as the survival craft is in good and serviceable condition.

(d) New installations of lifesaving equipment on an existing vessel, which are completed to the satisfaction of the

cognizant Officer in Charge, Marine Inspection, (OCMI) on or after March 11, 1996, must comply with the regulations in this part. Replacement of existing lifesaving equipment installed before March 11, 1996, must meet the require"ments of paragraph (a) of this section.

(e) A combination flare and smoke distress signal approved in accordance with $160.023 in subchapter Q of this chapter, may be used on an existing vessel until the expiration date of the distress signal but no later than March 11, 1999, as one of the distress signals required by § 117.68 of this part.

(f) Until February 1, 1999, a Coast Guard approved 121.5/243 MHz Class A Emergency Position Indicating RadioBeacon (EPIRB) may be used to meet the requirement for an EPIRB under $117.64 of this part, if the EPIRB:

(2) Was installed on the vessel on or before March 11, 1996.

(h) Until March 11, 1997 an existing vessel on a limited coastwise route need not comply with $117.64 of this part.

(i) An existing vessel need not comply with § 117.78(a)(4) of this part.

(j) An existing vessel must comply with either § 117.210 of this part or with the regulations for rescue boats that were in effect for the vessel prior to March 11, 1996.

[CGD 85-080, 61 FR 911, Jan. 10, 1996; 61 FR 24464, May 15, 1996]

$117.25 Additional requirements.

(a) Each item of lifesaving equipment carried on board a vessel but not required under this part, must be of an approved type meeting the specifications for lifesaving equipment in sub

chapter Q of this chapter, or other standard specified by the Commandant.

(b) The cognizant Officer in Charge, Marine Inspection (OCMI) may require a vessel to carry specialized or additional lifesaving equipment if:

(1) The OCMI determines the conditions of the voyage render the requirements of this part inadequate; or

(2) The vessel is operated in Arctic, Antarctic, or other severe conditions not covered under this part.

Subpart B-Emergency
Communications

$117.64 Emergency

Position Indicating Radiobeacons (EPIRB).

Each vessel that operates on the high seas, or that operates beyond three miles from the coastline of the Great Lakes, must have on board an FCC Type Accepted Category 1, 406 MHz EPIRB, installed to automatically float free and activate.

[CGD 85-080, 61 FR 911, Jan. 10, 1996; 61 FR 20556, May 7, 1996]

§ 117.68 Distress flares and smoke signals.

(a) Oceans, coastwise, limited coastwise, and Great Lakes routes. A vessel on an oceans, coastwise, limited coastwise, or Great Lakes route must carry

(1) Six hand red flare distress signals approved in accordance with § 160.021 in subchapter Q of this chapter, or other standard specified by the Commandant; and

(2) Six hand orange smoke distress signals approved in accordance with § 160.037 in subchapter Q of this chapter, or other standard specified by the Commandant.

(b) Lakes, bays, and sounds, and rivers routes. A vessel on a lakes, bays, and sounds, or rivers route must carry:

(1) Three hand red flare distress signals approved in accordance with § 160.021 in subchapter Q of this chapter, or other standard specified by the Commandant; and

(2) Three hand orange smoke distress signals approved in accordance with §160.037 in subchapter Q of this chapter, or other standard specified by the Commandant.

(c) Substitutions. (1) A rocket parachute flare approved in accordance

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