§ 2.75-70 Welders. Welders are required to pass tests before being permitted to make welds subject to inspection by the Coast Guard. Description of the tests is contained in Part 56 of this chapter. Upon satisfactory performance of the tests, Form CG 965, Record Card Welder's Qualification Tests, is issued by the Officer in Charge, Marine Inspection to the applicant who shall carry such card while engaged in welding subject to inspection by the Coast Guard or by similar cards issued by the Department of the Navy or the American Bureau of Shipping. SUBPART 2.85-LOAD LINES § 2.85-1 Assignment of load lines. Vessels listed in 46 U. S. C. 85 and 46 U. S. C. 88 are required by those acts to have load lines assigned. The procedures for the assignment of load lines, the issuance of Load Line Certificates, the annual inspections required, the causes for cancellation of certificates, and the forms of those certificates are contained in the regulations appearing in Parts 43-45 of this chapter. SUBPART 2.90-PLANS, DRAWINGS OR § 2.90-1 General requirements. (a) Drawings, blueprints or plans showing the details of construction of vessels subject to inspection or installations thereon are required to be submitted for approval in accordance with applicable regulations in this chapter, information as to which may be obtained at any local Marine Inspection Office. (b) The requirements for passenger vessel construction are in Parts 43-46, 70-78, of this chapter. (c) The requirements for tank vessel construction are in Parts 30-39, 43-45, of this chapter. (d) The requirements for cargo and miscellaneous vessel construction are in Parts 43-45, 90-97, of this chapter. (e) The requirements for marine engineering installations or equipment are in Parts 50-69 of this chapter. (f) The requirements for electrical engineering installations or equipment are in Parts 110-113 of this chapter. (g) The requirements for items to be manufactured under specific approval by the Commandant are in Parts 160-164 of this chapter. 3.19-1 3.19-5 Accounts of wages and effects. CROSS REFERENCE: For Coast Guard jurisdiction, see 33 CFR Part 1. AUTHORITY: §§ 3.01-1 to 3.19-5 issued under R. S. 4405, as amended, 4462, as amended; 46 U. S. C. 375, 416. Interpret or apply sec. 7, 49 Stat. 1936, as amended; 46 U. S. C. 689; E. O. 10402, 17 F. R. 9917; 3 CFR 1952 Supp. SOURCE: §§ 3.01-1 to 3.19-5 contained in CGFR 52-43, 17 F. R. 9286, Oct. 18, 1952. SUBPART 3.01-LICENSES AND DOCUMENTS § 3.01-1 Applications for licenses or documents. Applications for licenses, extension of routes, or documents required for officers or seamen by 46 U. S. C. 214, 224, 226, 228, 229, 229b, 230, 237, 243, 367, 391a, 404, 405, 526f, 1333, 672, 643, 481, or 50 U. S. C., App., 1275 and Public Law 525, 80th Congress, 2d Session and the regulations in Parts 10 and 12 of this chapter as a prerequisite for employment shall be made on one of the following Coast Guard forms which are obtainable from the Officer in Charge, Marine Inspection, at any local marine inspection office: CG 866, License application; CG 719, Seaman's certificate application. The procedures for obtaining the licenses or documents, renewals, if necessary, or duplicates, if lost; the qualifications; and examinations necessary, are all set forth in Parts 10 and 12 of this chapter, together with (c) Casualties. The officer in charge of a vessel reports on Form CG-2692, Report of Marine Casualty (or Accident). when accidents or casualties involve death, damage affecting seaworthiness of a vessel, stranding or grounding, or material property damage in excess of $1,500. This Form CG-2692 will be accepted as the written notice required if submitted promptly. (d) Information required. The written notice, as well as the reports, require a description of the vessel or vessels involved, names of owner and master, location, nature and probable cause of casualty or accident, the nature and extent of injury to persons, and the damage to property. The Forms CG-924E and CG-2692 may be obtained from any local marine inspection office. (e) Casualty involving aids to navigation. The officer in charge of a vessel which collides with a lightship, buoy, or other aid to navigation under the jurisdiction of the Coast Guard, or is connected with any such collision is required to report the casualty or accident to the nearest Officer in Charge, Marine Inspection. See §§ 35.15-1, 78.07-20, 97.0720, and 136.05-20 of this chapter. CROSS REFERENCE: For investigations or hearings on marine casualties see Parts 4, 136, and 137 of this chapter. SUBPART 2.30-NUMBERING OF UNDOCUMENTED VESSELS $2.30-1 Numbering. The owner(s) of every undocumented vessel described in 46 U. S. C. 288 must obtain a certificate of award of number which number must be painted or attached to each bow of the vessel. The procedures to be followed in applying for such certificate; on transfer, loss, or destruction of the vessel; and on change of residence of owner from one Coast Guard or customs district to another are set forth in Part 172 of this chapter. § 2.30-10 Application. Application for a certificate for a vessel not previously numbered is made on Form CG 1512, Application for Number for Undocumented Motor Vessel, by the owner to the District Commander of the district in which the vessel is owned or to the Officer in Charge, Marine Inspection. The form is obtained at the office of the Coast Guard District Commander or Officer in Charge, Marine Inspection. The application lists the name and address of owner and description of the vessel and the engine and must be submitted together with evidence of ownership of the vessel. The purchaser(s) of a vessel already numbered shall execute the application on the back of Form CG 1513, Certificate of Award of Number to an Undocumented Vessel. § 2.30-20 Certificate issued. Upon complying with the necessary requirements as to prima facie evidence of ownership, Form CG 1513, Certificate of Award of Number to an Undocumented Vessel, is issued by the Coast Guard District Commander or Officer in Charge, Marine Inspection. SUBPART 2.50-NAVIGATION AND VESSEL INSPECTION LAWS $2.50-1 Waivers-(a) Authority for and limitations on issuance. Compliance with certain of the navigation and vessel inspection laws may be waived by the Commandant under authority of the act of December 27, 1950 (Public Law 891), and the delegation of waiver authority contained in Department of the Treasury Order CGFR 51-1, dated January 23, 1951 (16 F. R. 731), in any case where such waiver is deemed necessary in the interest of national defense. (b) Policy. It is the policy of the Coast Guard, in the current administration of the laws and regulations relating to navigation and vessel inspection, to further the interests of national defense by simplifying the procedure involved therein, eliminating all causes of delay in the sailing of vessels, and by bringing about a proper balance between the factors of safety at sea and the national defense. While it is not the policy of the Coast Guard to countenance willful violations of the laws and regulations or negligence in meeting the requirements thereof, neither is it contemplated that masters who exercise all reasonable efforts to comply with the requirements in effect be cited for violations on technical grounds. (c) Waivers issued. The waivers having general applicability are published in Part 154 of this chapter, as well as in 33 CFR Part 19. (d) Specific individual waivers. (1) Applications for waivers affecting only one vessel in any one order under the provisions of § 154.01 of this chapter are made on Form CG-2633, Application for Waiver Order. The application shall state the name of the vessel, her employment, the requirements of law or regulations, waiver of which is requested, the reasons why waiver is necessary, and shall be signed by the master, owner, or agent of the vessel, or by the representative of any interested Government agency. The application shall be made to the Coast Guard District Commander or to his designated representative at the port or place where the vessel is located. In any port or place of the Canal Zone or in any foreign port or place the application shall be made to the designated representative of the Commandant at such port or place or if the Coast Guard has not established facilities in such port or place to the nearest designated representative of the Commandant at a port or place where such facilities have been established. (2) If the request is granted the waiver order will describe the vessel, the requirements of law or regulations waived, the conditions to which the waiver is subject, and the period of time for which the waiver is effective. (e) General waivers. Applications for waivers having general applicability should be addressed to the Commandant (M), U. S. Coast Guard, Washington, D. C. Only the Commandant is authorized to issue general waivers which affect more than one vessel in one order. § 2.50-20 Reports and assessments of penalties for violation of laws or regulations. (a) Reports of violation of navigation and vessel inspection laws and regulations in this chapter as well as in 33 CFR Parts 80 to 100, inclusive, administered and enforced by the Coast Guard are reported by Coast Guard personnel detecting them to the Coast Guard District Commander of the district in which the violations occurred. The Coast Guard District Commander is hereby authorized to determine whether or not to prosecute or to mitigate or to remit any civil penalties incurred for violations of navigation and vessel inspection laws, rules or regulations. The alleged offender will be informed of the nature of the violations. Form CG 2767, Notice of Report of Violation, normally will be used. (b) If a violation of law or regulation involves a civil penalty, the alleged offender will be informed of his right to apply for relief from the imposition of penalties. He may, if he so desires, appear in person before the Coast Guard District Commander or his designated representative. The written applica tion is made to the Coast Guard District Commander and may be made on Form CG 2767A, Application for Relief from Penalties for Violation of Navigation and Vessel Inspection Laws and Regulations. If the application for relief is granted, the case is closed; if denied, the full or mitigated penalty is assessed and notice given to the offender on Form CG 2767B, Assessment of Penalties for Violation of the Navigation and Vessel Insection Laws and Regulations, and Conditional Mitigation of Penalties. This notice may provide for a reduction in the penalty on condition that the lesser penalty be paid within 30 days of the date of the notice. (c) The offender will be given instructions for making an appeal to the Commandant from the actions of the Coast Guard District Commander if the amount of such penalty assessed exceeds $50. The decision of the Coast Guard District Commander in a case where the penalty is $50 or less is final. (d) If payment of the assessed penalty or mitigated penalty is not made within 30 days of the date of the notice, or if appeal is not made, action to collect the full penalty is taken. If no application for relief is submitted, assessment of penalty is made on Form CG 2767C, Assessment of Penalties for Violation of Navigation and Vessel Inspection Laws and Regulations, and the offender is advised that court action by the United States Attorney will be recommended if payment of the penalty or penalties is not made within 30 days. § 2.50-25 Payment of penalty for violation of law or regulation. (a) The payment of any penalty is acknowledged on Coast Guard Form CG 2767E, Disbursing Officers' Receipt (Navigation Fine). (b) If the penalty paid is determined by the Commandant to have been illegally, improperly, or excessively imposed, and the money has already been covered into the United States Treasury, the application for a refund may be made on Form CG 1086, Claim for Navigation Fine Exacted in Excess or in Error, which should be mailed to the appropriate Coast Guard District Commander for transmission to the Commandant. Such application must be made by the payor within one year of the date of payment of the penalty. If the penalty paid is determined by the Commandant to have been illegally, improperly, or excessively imposed and the money has not been covered into the United States Treasury, the Coast Guard upon application will refund the penalty or that portion considered to be in excess of the proper amount. § 2.50-30 Motorboat Act violations. The procedures described in §§ 2.50-20 and 2.50-25 are followed in the assessment of penalties for violations of the Act of June 7, 1918, regarding numbering of undocumented vessels and the Motorboat Act of April 25, 1940 (46 U. S. C. 288, 526–526t), and the applicable regulations in Parts 24-26, 70-78, 90-97, and 172 of this chapter. SUBPART 2.75-APPROVALS OF SAFETY EQUIPMENT, MATERIALS AND INSTALLATIONS, AND QUALIFICATIONS FOR CONSTRUCTION PERSONNEL § 2.75-1 Approvals. (a) The Commardant is required by law or regulations in this chapter to approve certain installations and items of safety equipment before they may be installed or used on merchant vessels subject to inspection or on certain other vessels and motorboats. (b) The items required to be approved by the Commandant are published in the FEDERAL REGISTER and in a pamphlet CG 190, Equipment Lists for Merchant Vessels. (c) The approval of equipment granted a manufacturer cannot be transferred to another person, company, or corporation, without specific approval from the Commandant. § 2.75-10 Requirements and tests. (a) The requirements and tests which the items are required to meet are in Parts 160-164 of this chapter, or are contained in specifications, copies of which may be obtained from the Commandant. If the requirements are met a certificate of approval for a term of 5 years is issued on Coast Guard Form 10030, Certificate of Approval, or are approved by letter by the Commandant. Notice of such approval is published in the FEDERAL REGISTER. (b) These items which do not meet the requirements are returned to the applicants who are informed in what respects they failed to meet the requirements. (c) Applications for approval shall be made to the Commandant and there shall be submitted with the application the items for which approval is desired or the appropriate plans and specifications. (d) After approval is granted, manufacturers of certain items are required to submit an affidavit that the manufactured item will comply with the applicable rules and specifications. The affidavit is made on one of the following appropriate Coast Guard forms: (1) CG 935-Affidavit of Manufacturer of Marine Boilers. (Submitted to the Officer in Charge, Marine Inspection.) (2) CG 935A-Affidavit of Manufacturer of Materials or Appliances on Vessels Subject to the Rules and Regulations of the U. S. Coast Guard (required only for manufacturers of engineering material or appliances). (Submitted to the Commandant.) (3) CG Form (no number)-Affidavit of Manufacturer of Standard Type Life Saving Equipment (buoyant cushions and cork and balsa life preservers only). (Submitted to the Commandant.) § 2.75-50 Withdrawals or terminations of approvals. (a) Approvals may be withdrawn if items are found not to be in compliance with the conditions of approval or if necessary by reason of changes in regulations. Notice will be given to the manufacturer who is given an opportunity to present his case at a public hearing of the Merchant Marine Council. (See 33 CFR 1.05-1, 1.05-10). (b) Approvals of equipment are terminated when the manufacturer is no longer in business, or when the item is no longer being manufactured, or when the approval expires. § 2.75-60 Certification of ship's stores and supplies. Ship's stores and supplies of a dangerous nature as defined in §§ 147.02-1 and 147.02–2 of this chapter shall not be used on board vessels. domestic or foreign, on the navigable waters of the United States, including its territories and possessions, unless they have been certified for such use by the Coast Guard. The procedure for obtaining certification and the stores of a dangerous nature which do not require such certification are contained in or referred to in §§ 147 03-1 to 147.03-11, inclusive, of this chapter. § 2.75-70 Welders. Welders are required to pass tests before being permitted to make welds subject to inspection by the Coast Guard. Description of the tests is contained in Part 56 of this chapter. Upon satisfactory performance of the tests, Form CG 965, Record Card Welder's Qualification Tests, is issued by the Officer in Charge, Marine Inspection to the applicant who shall carry such card while engaged in welding subject to inspection by the Coast Guard or by similar cards issued by the Department of the Navy or the American Bureau of Shipping. SUBPART 2.85-LOAD LINES §2.85-1 Assignment of load lines. Vessels listed in 46 U. S. C. 85 and 46 U. S. C. 88 are required by those acts to have load lines assigned. The procedures for the assignment of load lines, the issuance of Load Line Certificates, the annual inspections required, the causes for cancellation of certificates, and the forms of those certificates are contained in the regulations appearing in Parts 43-45 of this chapter. SUBPART 2.90-PLANS, DRAWINGS OR § 2.90-1 General requirements. (a) Drawings, blueprints or plans showing the details of construction of vessels subject to inspection or installations thereon are required to be submitted for approval in accordance with applicable regulations in this chapter, information as to which may be obtained at any local Marine Inspection Office. (b) The requirements for passenger vessel construction are in Parts 43-46, 70-78, of this chapter. (c) The requirements for tank vessel construction are in Parts 30-39, 43-45, of this chapter. (d) The requirements for cargo and miscellaneous vessel construction are in Parts 43-45, 90-97, of this chapter. (e) The requirements for marine engineering installations or equipment are in Parts 50-69 of this chapter. (f) The requirements for electrical engineering installations or equipment are in Parts 110-113 of this chapter. (g) The requirements for items to be manufactured under specific approval by the Commandant are in Parts 160-164 of this chapter. 3.19-1 3.19-5 Accounts of wages and effects. CROSS REFERENCE: For Coast Guard jurisdiction, see 33 CFR Part 1. AUTHORITY: §§ 3.01-1 to 3.19-5 issued under R. S. 4405, as amended, 4462, as amended; 46 U. S. C. 375, 416. Interpret or apply sec. 7, 49 Stat. 1936, as amended; 46 U. S. C. 689; E. O. 10402, 17 F. R. 9917; 3 CFR 1952 Supp. SOURCE: §§ 3.01-1 to 3.19-5 contained in CGFR 52-43, 17 F. R. 9286, Oct. 18, 1952. SUBPART 3.01-LICENSES AND DOCUMENTS § 3.01-1 Applications for licenses or documents. Applications for licenses, extension of routes, or documents required for officers or seamen by 46 U. S. C. 214, 224, 226, 228, 229, 229b, 230, 237, 243, 367, 391a, 404, 405, 526f, 1333, 672, 643, 481, or 50 U. S. C., App., 1275 and Public Law 525, 80th Congress, 2d Session and the regulations in Parts 10 and 12 of this chapter as a prerequisite for employment shall be made on one of the following Coast Guard forms which are obtainable from the Officer in Charge, Marine Inspection, at any local marine inspection office: CG 866, License application; CG 719, Seaman's certificate application. The procedures for obtaining the licenses or documents, renewals, if necessary, or duplicates, if lost; the qualifications; and examinations necessary, are all set forth in Parts 10 and 12 of this chapter, together with |