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

(b) For vessels subject to the provisions of the act of May 10, 1956, the term "passenger" means every person carried on board a vessel other than:

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

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

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

(5) Any guest on board a vessel which is being used exclusively for pleasure purposes who has not contributed any consideration directly or indirectly, for his carriage; or,

(6) Any person on board a vessel documented and used for tugboat or towboat service of fifty gross tons or more who has not contributed any consideration, directly or indirectly, for his carriage.

§ 70.10-42 Sailing vessel.

This term means a vessel with no mechanical means of propulsion, all propulsive power being provided by sails. § 70.10-43 Short international voyage.

For the purpose of this subchapter, the expression "short international voyage" means an international voyage in the course of which a vessel is not more than 200 miles from a port or place in which the passengers and crew could be placed in safety, and which does not exceed 600 miles in length between the last port of call in the country in which the voyage begins and the final port of destination.

§ 70.10-44 Specially suitable for vehicles.

A space which is "specially suitable for vehicles" is one designed for the carriage of automobiles or other self-propelled vehicles with batteries connected and fuel tanks containing gasoline on vessels on ocean or unlimited coastwise voyages. Requirements for the design and protection of spaces "specially suitable for vehicles" appear in Subparts 72.15, 76.15, 77.05, 78.45, 78.47, and 78.83 of this subchapter. In addition, preparation of automobiles prior to carriage, with the exception of disconnecting battery cables, must be in accordance with the applicable provisions of § 146.27-30 of Subchapter N (Dangerous Cargoes) of this chapter.

[CGFR 66-33, 31 F.R. 15281, Dec. 6, 1966] § 70.10-45 Vessel.

Where the word "vessel" is used in this subchapter, it shall be considered to include all vessels indicated in Column 4 of Table 70.05-1(a), which are of more than 65 feet in length measured from end to end over the deck excluding sheer, except as otherwise noted in this subpart.

a vessel, or that any particular provision shall be made or arrangement shall be adopted, the Commandant may accept in substitution therefor any other fitting, material, apparatus, or equipment, or type thereof, or any other provision or arrangement: Provided, That he shall have been satisfied by suitable trials that the fitting, material, appliance, apparatus, or equipment, or type thereof, or the provision or arrangement shall be at least as effective as that specified in this subchapter.

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

Subpart 70.20-General Marine

Engineering Requirements

§ 70.20-1 Marine engineering details.

All marine engineering details such as piping, valves, fittings, boilers, pressure vessels, etc., and their appurtenances installed on the vessel, shall be designed, constructed, and installed in accordance with the provisions of Subchapter F (Marine Engineering) of this chapter. (R.S. 4418, as amended, 4433, as amended; 46 U.S.C. 392, 411)

Subpart 70.25-General Electrical

Engineering Requirements

§ 70.25-1 Electrical engineering details. All electrical engineering details and installations shall be designed and installed in accordance with Subchapter J (Electrical Engineering) of this chapter. (R.S. 4418, as amended; 46 U.S.C. 392)

Subpart 70.30-Special Provisions § 70.30-1

Vessels acquired or documented under the Act of August 9, 1954.

(a) Vessels acquired or documented under the act of August 9, 1954 (sec. 3, 68 Stat. 675; 50 U.S.C. 198), shall be subject to the applicable provisions of Title 52 of the Revised Statutes, acts amendatory thereof or supplemental thereto and the rules and regulations thereunder.

(b) Unapproved lifesaving, firefighting, and other equipment may be continued in service as long as, in the opinion of the Officer in Charge, Marine Inspection, such equipment is in good and serviceable condition. All replacements shall be in accordance with Coast Guard requirements.

§ 70.30-5 Installations of equipment made during the unlimited national emergency declared by the President on May 27, 1941.

(a) Boilers, pressure vessels, machinery, piping, electrical, and other installations, including lifesaving, firefighting, and other safety equipment, installed on vessels during the Unlimited National Emergency declared by the President on May 27, 1941, and prior to the determination of Title V of the Second War Powers Act, as extended (sec. 501, 56 Stat. 180, 50 U.S.C. App. 635), which do not fully meet the detailed requirements of the regulations in this chapter, may be continued in service if found to be satisfactory by the Commandant for the purpose intended.

Subpart 70.35-American Bureau of Shipping's Standards

AUTHORITY: The provisions of this Subpart 70.35 interpret or apply sec. 25, 41 Stat. 9938, as amended, sec. 5, 49 Stat. 1884, as amended; 46 U.S.C. 881, 369.

§ 70.35-1 Standards to be used.

(a) Where in this subchapter an item, or method of construction, or testing is required to meet the standards established by the American Bureau of Shipping, the current standards in effect at the time of construction of the vessel, or otherwise as applicable, shall be used. The current standards of other recognized classification societies may also be accepted upon approval by the Commandant.

§ 70.35-5 Where obtainable.

(a) The standards established by the American Bureau of Shipping are usually published annually and may be purchased from the American Bureau of Shipping, 45 Broad Street, New York, N.Y., 10004. These standards may be also examined at the office of the Commandant (M), U.S. Coast Guard, Washington, D.C. 20591, or at the office of any Coast Guard District Commander or Officer in Charge, Marine Inspection. [CGFR 65-50, 30 F.R. 16890, Dec. 30, 1965, as amended by CGFR 68-32, 33 F.R. 5715, Apr. 12, 1968]

Sec.

71.75-10 Exemption Certificate. 71.75-15 Posting of Convention certificates. 71.75-20 Duration of certificates.

as

as

AUTHORITY: The provisions of this Part 71 issued under R.S. 4405, as amended, 4462, as amended, sec. 6(b) (1), 80 Stat. 988; 46 U.S.C. 375, 416, 49 U.S.C. 1655(b); 49 CFR 1.4(a) (2). Interpret or apply R.S. 4399, as amended, 4400, as amended, 4417, as amended, 4418, as amended, 4421, amended, 4426, as amended, 4433, as amended, 4453, as amended, 4488, amended, 4490, as amended, 4491, as amended, sec. 14, 29 Stat. 690, as amended, sec. 10, 35 Stat. 428, as amended, 41 Stat. 305, as amended, sec. 5, 49 Stat. 1384, as amended, secs. 1, 2, 49 Stat. 1544, 1545, as amended, sec. 17, 54 Stat. 166, as amended, sec. 3. 54 Stat. 347, as amended, sec. 3, 70 Stat. 152, sec. 3, 68 Stat. 675; 46 U.S.C. 361, 362, 391, 392, 399, 404, 411, 435, 481, 482, 489, 366, 395, 363, 369, 367, 526p, 1333, 390b, 50 U.S.C. 198; E.O. 11239, July 31, 1965, 30 F.R. 9671, 3 CFR, 1965 Supp. Additional authority cited with subpart or in parentheses following the sections affected.

SOURCE: The provisions of this Part 71, contained in CGFR 65–50, 30 F.R. 16895, Dec. 30, 1965, unless otherwise noted.

Subpart 71.01-Certificate of
Inspection

AUTHORITY: The provisions of this Subpart 71.01 interpret or apply R.S. 4423, as amended, sec. 12, 35 Stat. 428, as amended; 46 U.S.C. 400, 397.

§ 71.01-1 When required.

(a) Except as noted in this subpart or Subpart 71.05, no vessel subject to inspection and certification shall be operated without a valid certificate of inspection.

§ 71.01-5 Posting.

(a) On vessels of over 25 gross tons, the original certificate of inspection shall, in general, be framed under glass and posted in a conspicuous place where it will be most likely to be observed by the passengers. On vessels not over 25 gross tons, and on other vessels such as barges, where the framing of the certificate under glass would be impracticable, the original certificate of inspection shall be kept on board to be shown on demand. § 71.01-10 Period of validity.

(a) Certificates of inspection will be issued for a period of 1 year, except for those vessels subject only to the Act of

May 10, 1956 (46 U.S.C. 390-390g), when the certificates will be issued for a period of 3 years. Application may be made by the master, owner, or agent for inspection and issuance of a new certificate of inspection at any time within the period of validity of the current certificate. For nuclear vessels see also § 79.10-1 of this subchapter.

(b) Certificates of inspection may be revoked or suspended by the Coast Guard where such process is authorized by law. This may occur if the vessel does not meet the requirements of law or regulations in this chapter or if there is a failure to maintain the safety requirements requisite to the issuance of a certificate of inspection.

[CGFR 68-82, 33 F.R. 18899, Dec. 18, 1968] § 71.01-15 Temporary certificate.

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

§ 71.01-20 Expired certificate.

(a) Nothing in this subpart shall prevent a vessel upon a regularly established line from a port in the United States to a port of a foreign country not contiguous to the United States whose certificate of inspection expires at sea or while said vessel is in a foreign port or a port of Hawaii from lawfully completing her voyage without the valid certificate of inspection or temporary certificate required by this subpart: Provided, That the voyage shall be completed within 30 days after the expiration of the certificate of inspection. No such vessel shall depart if its certificate of inspection will expire within 15 days of the date of sailing.

Subpart 71.05-Permit To Proceed to Another Port for Repair

§ 71.05-1 When issued.

(a) The Officer in Charge, Marine Inspection, may issue a permit to proceed to another port for repair, Form CG-948, to a vessel, if in his judgment it can be

done with safety, even if the certificate of inspection of the vessel has expired or is about to expire.

§ 71.05-5 To whom issued.

(a) Such permit will only be issued upon the written application of the master, owner, or agent of the vessel. § 71.05-10 Conditions of permit.

(a) The permit will state upon its face the conditions under which it is issued and whether or not the vessel is permitted to carry freight or passengers. Passengers may not be carried if the certificate of inspection has expired, except as provided under § 71.01-20. § 71.05-15

Posting.

(a) The permit shall be carried in a manner similar to that described in § 71.01-5 for a certificate of inspection. Subpart 71.10-Permit To Engage in Excursions

AUTHORITY: The provisions of this Subpart 71.10 interpret or apply R.S. 4466, as amended; 46 U.S.C. 453.

§ 71.10-1 When issued.

(a) The Officer in Charge, Marine Inspection, may issue a permit to carry additional passengers on an excursion, Form CG-949, if after personally inspecting the vessel, it can, in his judgment, be done with safety.

§ 71.10-5 To whom issued.

(a) Such permit will only be issued upon the written application of the master, owner, or agent of the vessel. § 71.10-10 Conditions of permit.

(a) The permit will state upon its face the conditions under which it is issued, the number of extra passengers the vessel may carry, any additional lifesaving or safety equipment which will be required, the route for which the permit is granted, and the dates on which the permit will be valid.

Subpart 71.15-Inspection of Vessels § 71.15-1 Standards in inspection of hulls, boilers, and machinery.

(a) In the inspection of hulls, boilers, and machinery of vessels, the standards established by the American Bureau of Shipping, see Subpart 70.35 of this subchapter respecting material and inspection of hulls, boilers, and machinery, and the certificate of classification referring thereto, except where otherwise provided for by the rules and regulations in this subchapter, Subchapter E (Load Lines), Subchapter F (Marine Engineering), or Subchapter J (Electrical Engineering) of this chapter, shall be accepted as standard by the inspectors.

Subpart 71.20-Initial Inspection § 71.20-1 Prerequisite of certificate of inspection.

(a) The initial inspection is a prerequisite of the issuance of the original certificate of inspection.

§ 71.20-5 When made.

(a) The original inspection will only be made upon the written application of the owner or builder of the vessel to the Officer in Charge, Marine Inspection, on Form CG-3752, application for inspection of U.S. vessel, at or nearest the port where the vessel is located.

§ 71.20-10 Plans.

(a) Before application for inspection is made and before construction is started, the owner or builder shall have plans indicating the proposed arrangement and construction of the vessel approved by the Commandant. The procedure for submitting plans and the list of plans to be supplied is set forth in Subpart 71.65.

§ 71.20-15 Scope of inspections.

(a) The initial inspection, which may consist of a series of inspections during the construction of a vessel, shall include a complete inspection of the structure, including the outside of the vessel's bottom, the machinery, unfired pressure vessels, equipment and the inside and outside of the boilers. The inspection shall be such as to insure that the arrangements, material, and scantlings