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									                                Coast Guard, DHS                                                                                     § 115.107
                                115.910     Passenger Ship Safety Certificate.             and total persons that may be carried,
                                115.920     Exemptions.                                    the number of passengers the vessel
                                115.925     Safety Management Certificate.                 may carry in overnight accommoda-
                                115.930     Equivalents.
                                                                                           tion spaces, the name of the owner and
                                  AUTHORITY: 33 U.S.C. 1321(j); 46 U.S.C. 2103,            managing operator, any equivalences
                                3205, 3306, 3307; 49 U.S.C. App. 1804; E.O. 11735,         accepted or authorized by the Com-
                                38 FR 21243, 3 CFR, 1971–1975 Comp., p. 743;               mandant or any Officer in Charge, Ma-
                                E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
                                                                                           rine Inspection (OCMI) in accordance
                                277; Department of Homeland Security Dele-
                                gation No. 0170.                                           with § 114.540 or § 114.550 of this sub-
                                                                                           chapter and such other conditions of
                                 SOURCE: CGD 85–080, 61 FR 892, Jan. 10, 1996,             operations as may be determined by
                                unless otherwise noted.                                    the cognizant OCMI.
                                                                                           [CGD 85–080, 61 FR 892, Jan. 10, 1996, as
                                           Subpart A—Certificate of                        amended by CGD 97–057, 62 FR 51047, Sept. 30,
                                                 Inspection                                1997]
                                § 115.100 When required.                                   § 115.105 How to obtain or renew.
                                   (a) A vessel to which this subchapter                      (a) A Certificate of Inspection is ob-
                                applies may not be operated without                        tained or renewed by making applica-
                                having on board a valid U.S. Coast                         tion on Form CG 3752, ‘‘Application for
                                Guard Certificate of Inspection.                           Inspection of U.S. Vessel,’’ to the Coast
                                   (b) Except as noted in § 115.114 of this                Guard OCMI of the marine inspection
                                part, each vessel inspected and certifi-                   zone in which the inspection is to be
                                cated under the provisions of this sub-                    made. Form CG–3752 may be obtained
                                chapter must, when any passengers are                      at any U.S. Coast Guard Marine Safety
                                aboard during the tenure of the certifi-                   Office or Marine Inspection Office.
                                cate, be in full compliance with the                          (b) The application for initial inspec-
                                terms of the certificate.                                  tion of a vessel being newly con-
                                   (c) If necessary to prevent delay of                    structed or converted must be sub-
                                the vessel, a temporary Certificate of                     mitted prior to the start of the con-
                                Inspection may be issued pending the                       struction or conversion.
                                issuance and delivery of the regular                          (c) The construction, arrangement,
                                Certificate of Inspection. The tem-                        and equipment of each vessel must be
                                porary certificate must be carried in                      acceptable to the cognizant OCMI as a
                                the same manner as the regular certifi-                    prerequisite of the issuance of the ini-
                                cate and is considered the same as the                     tial Certificate of Inspection. Accept-
                                regular Certificate of Inspection which                    ance is based on the information, speci-
                                it represents.                                             fications, drawings and calculations
                                   (d) A vessel on a foreign voyage be-                    available to the OCMI, and on the suc-
                                tween a port in the United States and                      cessful completion of an initial inspec-
                                a port in a foreign country, whose Cer-                    tion for certification.
                                tificate of Inspection expires during                         (d) A Certificate of Inspection is re-
                                the voyage, may lawfully complete the                      newed by the issuance of a new Certifi-
                                voyage without a valid Certificate of                      cate of Inspection.
                                Inspection provided the voyage is com-                        (e) The condition of the vessel and its
                                pleted within 30 days of expiration and                    equipment must be acceptable to the
                                the certificate did not expire within 15                   cognizant OCMI as a prerequisite to
                                days of sailing on the foreign voyage                      the Certificate of Inspection renewal.
                                from a U.S. port.                                          Acceptance is based on the condition of
                                                                                           the vessel as found at the inspection
                                § 115.103 Description.                                     for certification.
                                   The Certificate of Inspection issued                    [CGD 85–080, 61 FR 892, Jan. 10, 1996, as
                                to a vessel describes the vessel, the                      amended by USCG 1999–4976, 65 FR 6504, Feb.
                                route(s) that it may travel, the min-                      9, 2000]
                                imum manning requirements, the sur-
                                vival and rescue craft carried, the min-                   § 115.107 Period of validity for a Cer-
                                imum fire extinguishing equipment                               tificate of Inspection.
                                and life jackets required to be carried,                      (a) A Certificate of Inspection is
                                the maximum number of passengers                           valid for 1 year for vessels carrying

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                                § 115.110                                                              46 CFR Ch. I (10–1–05 Edition)

                                more than 12 passengers on inter-                         speed, operating modes, maneuver-
                                national voyages.                                         ability, other characteristics; and
                                  (b) A Certificate of Inspection is                        (3) The suitability of the vessel for
                                valid for 5 years for all other vessels.                  night-time operations and use in all
                                  (c) A Certificate of Inspection may be                  weather conditions.
                                suspended and withdrawn or revoked
                                by the cognizant OCMI at any time for                     § 115.112 Total persons permitted.
                                noncompliance with the requirements                          The cognizant OCMI determines the
                                of this subchapter.                                       total number of persons permitted to
                                                                                          be carried on a vessel. In determining
                                [USCG 1999–4976, 65 FR 6504, Feb. 9, 2000]
                                                                                          the total number of persons permitted
                                § 115.110     Routes permitted.                           to be carried, the OCMI may consider
                                                                                          stability restrictions and subdivision
                                  (a) The area of operation for each                      requirements of the vessel, the vessel’s
                                vessel and any necessary operational                      route, general arrangement, means of
                                limits are determined by the cognizant                    escape, lifesaving equipment, the min-
                                OCMI, and recorded on the vessel’s Cer-                   imum manning requirements, and the
                                tificate of Inspection. Each area of op-                  maximum number of passengers per-
                                eration, referred to as a route, is de-                   mitted in accordance with § 115.113 of
                                scribed on the Certificate of Inspection                  this part.
                                under the major headings ‘‘Oceans,’’
                                ‘‘Coastwise,’’ ‘‘Limited Coastwise,’’                     § 115.113 Passengers permitted.
                                ‘‘Great Lakes,’’ ‘‘Lakes, Bays, and                          (a) The maximum number of pas-
                                Sounds,’’ or ‘‘Rivers,’’ as applicable.                   sengers permitted must be not more
                                Further limitations imposed or exten-                     than that allowed by the requirements
                                sions granted are described by ref-                       of this section, except as authorized by
                                erence to bodies of waters, geo-                          the OCMI under paragraph (d) of this
                                graphical points, distance from geo-                      section.
                                graphical points, distances from land,                       (b) The maximum number of pas-
                                depths of channel, seasonal limita-                       sengers permitted on any vessel may be
                                tions, and similar factors.                               the greatest number permitted by the
                                  (b) Operation of a vessel on a route of                 length of rail criterion, deck area cri-
                                lesser severity than those specifically                   terion, or fixed seating criterion de-
                                described or designated on the Certifi-                   scribed in this paragraph or a combina-
                                cate of Inspection is permitted unless                    tion of these criteria as allowed by
                                expressly prohibited on the certificate                   paragraph (c) of this section.
                                of Inspection. The general order of se-                      (1) Length of rail criterion. One pas-
                                verity of routes is: oceans, coastwise,                   senger may be permitted for each 760
                                limited coastwise, Great Lakes, lakes,                    millimeters (30 inches) of rail space
                                bays and sounds, and rivers. The cog-                     available to the passengers at the pe-
                                nizant OCMI may prohibit a vessel                         riphery of each deck. The following rail
                                from operating on a route of lesser se-                   space may not be used in determining
                                verity than the primary route a vessel                    the maximum number of passengers
                                is authorized to operate on if local con-                 permitted:
                                ditions necessitate such a restriction.                      (i) Rail space in congested areas un-
                                  (c) Non-self-propelled vessels are pro-                 safe for passengers, such as near an-
                                hibited from operating on an oceans,                      chor handling equipment or line han-
                                coastwise, limited coastwise, or Great                    dling gear, in the way of sail booms,
                                Lakes route unless the Commandant                         running rigging, or paddle wheels, or
                                approves such a route.                                    along pulpits;
                                  (d) When designating a permitted                           (ii) Rail space on stairways; and
                                route or imposing any operational lim-                       (iii) Rail space where persons stand-
                                its on a vessel, the OCMI may consider:                   ing in the space would block the line of
                                  (1) Requirements of this subchapter                     vision of the licensed individual oper-
                                for which compliance is based on the                      ating the vessel.
                                route of the vessel;                                         (2) Deck area criterion. One passenger
                                  (2) The performance capabilities of                     may be permitted for each 0.9 square
                                the vessel based on design, scantlings,                   meters (10 square feet) of deck area
                                stability,    subdivision,   propulsion,                  available for the passengers’ use. In

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