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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
304
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