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carrying passengers, which are regularly operated with a motorboat or motor vessel, shall be fitted with hand portable fire extinguishers as required by Table 25.30-20 (a) (1), depending upon the length of the barge.

(2) All barges of over 65 feet in length carrying passengers, which are regularly operated with a motorboat or motor vessel, shall be fitted with hand portable fire extinguishers as required by Table 25.30-20 (b) (1), depending upon the gross tonnage of the barges.

for

§ 25.30-90 Vessels contracted prior to November 19, 1952. (a) Vessels contracted for prior to November 19, 1952, shall meet the applicable provisions of §§ 25.30-5 through 25.30-20 insofar as the number and general type of equipment is concerned. Existing items of equipment and installations previously approved but not meeting the applicable requirements for type approval may be continued in service so long as they are in good condition. All new installations and replacements shall meet the requirements of §§ 25.30-5 through 25.30-20. SUBPART 25.35-CARBURETOR BACKFIRE FLAME ARRESTERS

§ 25.35-1 Must be approved. (a) Carburetors on all engines on motorboats, other than outboard engines, and on all motor vessels, shall be fitted with an approved device for arresting backfire, constructed in accordance with Subpart 162.015 of Subchapter Q (Specifications) of this chapter. Installations made before November 19, 1952, need not meet the detailed requirements of the specification and may be continued in use so long as they are in good condition.

SUBPART 25.40-VENTILATION

$ 25.40-1 Tanks and engine spaces. (a) All motorboats or motor vessels using fuel having a flash point of 110 degrees F. or less shall have at least 2 ventilators fitted with cowls or their equivalent for the purpose of properly and efficiently ventilating the bilges of every engine and fuel tank compartment in order to remove any inflammable or explosive gases. Such motorboats or motor vessels so constructed as to have the greater portion of the bilges under the engines and fuel tanks open and exposed to the natural atmosphere at all times need not be required to be fitted with such ventilators.

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Subpart 26.25-Licensed Personnel in Charge 26.25-1 Licensed personnel required.

AUTHORITY: §§ 26.01-1 to 26.25-1 issued under R. S. 4405, as amended, 4462, as amend ed, sec. 17, 54 Stat. 166, as amended; U. S. C. 375, 416, 526p.

SOURCE: §§ 26.01-1 to 26.25-1 contained i CGFR 52-43, 17 F. R. 9293, Oct. 18, 1952.

SUBPART 26.01-APPLICATION

§ 26.01-1 Applicable to all vessels (a) The provisions of this part shal apply to all vessels except as specifically noted.

SUBPART 26.05-PENALTIES

§ 26.05-1 General. (a) If any motor- ¦ boat or motor vessels subject to any of! the provisions of the Motorboat Act of April 25, 1940, as amended (54 Stat. 163167; 46 U. S. C. 526-526t), is operated or navigated in violation of said Act or any of the applicable regulations in this chapter, the owner or operator, either one or both of them are subject to the following penalty:

SEC. 16. If any motorboat or vessel subject to any of the provisions of this Act is operated or navigated in violation of this Act or any regulation issued thereunder, the owner or operator, either one or both of them, shall, in addition to any other penalty

prescribed by law than that contained in section 14 of this Act, be liable to a penalty of $100: Provided, That in the case of motorboats or vessels subject to the provisions of this Act carrying passengers for hire, a penalty of $200 shall be imposed on the owner or operator, either one or both of them, thereof for any violation of section 6, 7, or 8 of this Act or of any regulations pertaining thereto. For any penalty incurred under this section the motorboat or vessel shall be held liable and may be proceeded against by way of libel in the district court of any district in which said motorboat or vessel may be found. (Apr. 25, 1940, sec. 16; 54 Stat. 166; 46 U. S. C. 5260.)

§ 26.05-5 Reckless operation. (a) Any person who shall operate a motorboat or any vessel in a reckless or negligent manner is subject to the following penalty:

SEC. 14. Any person who shall operate any motorboat or any vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person shall be deemed guilty of a misdemeanor and on conviction thereof by any court of competent jurisdiction shall be punished by a fine not exceeding $2,000, or by imprisonment for a term of not exceeding one year, or by both such fine and imprisonment, at the discretion of the court. (Apr. 25, 1940, sec. 14; 54 Stat. 166; 46 U. S. C. 526m.)

SUBPART 26.10-MITIGATION OR REMISSION OF FINES OR PENALTIES

§ 26.10-1 Procedure. (a) The Commandant or any officer of the Coast Guard authorized by the Commandant may, upon application therefor, remit or mitigate any fine, penalty, or forfeiture

incurred under the Motorboat Act of April 25, 1940, or any of these regulations except the penalties provided for in section 14 of said act.' The application should be in such form and filed in such manner as prescribed by the Commandant. For details see §§ 2.50-20 to 2.5030, inclusive, in Subchapter A (Procedures Applicable to the Public) of this chapter.

SUBPART 26.15-BOARDING OFFICERS

§ 26.15-1 May board at any time. (a) Officers duly authorized to enforce the navigation laws of the United States are authorized to board all motorboats and motor vessels for the purpose of determining and reporting violations of the Motorboat Act of April 25, 1940, and the regulations in this subchapter. SUBPART 26.20-EXHIBITION OF MOTORBOAT OPERATOR'S LICENSE

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30.20-1

Enforcement-TB/ALL. 30.20-10 Penalties for violations of tank vessel regulations-TB/ALL.

30.20-50 Right of appeal-TB/ALL.

AUTHORITY: §§ 30.01-1 to 30.20-50 issued under R. S. 4405, as amended, 4417a, as amended, 4462, as amended; 46 U. S. C. 375, 391a, 416. Interpret or apply sec. 5, 55 Stat. 244, 245, as amended; 50 U. S. C. App. 1275; E. O. 10402, 17 F. R. 9917; 3 CFR, 1952 Supp. SOURCE: §§ 30.01-1 to 30.20-50 contained in CGFR 50-31, 16 F. R. 1511, Feb. 14, 1951, except as otherwise noted.

SUBPART 30.01-ADMINISTRATION

§ 30.01-1 Basis and purpose of regulations-TB/ALL. By virtue of authority vested in the Commandant of the Coast Guard by Treasury Department Order No. 120, dated July 31, 1950 (15 F. R. 6521), and in accordance with R. S. 4405 and 4417a, as amended, and section 5 (e) of the act of June 6, 1941 (46 U. S. C. 375, 391a, 50 U. S. C. 1275), the rules and regulations in this subchapter are prescribed for all tank vessels in accordance with the intent of the various statutes and to obtain their correct and uniform administration.

§ 30.01-5 Application of regulations— TB/ALL. (a) The regulations in this subchapter contain requirements for materials, design, construction, inspection, manning, and operation of tank vessels, including handling and stowage

of cargo and duties of officers and crew However, vessels certificated as cargo c passenger vessels, where the principal purpose or use of vessel is not for the carriage of inflammable or combustibl liquid cargo in bulk, may be granted s permit to carry Grade E liquid cargo ri bulk in the case of passenger vessels and Grade D or E liquid cargo in bulk in the case of cargo vessels.

(b) The requirements of this subchapter are divided into parts as follows: (1) Inspection and certification. (2) Special equipment, machinery. and hull requirements.

(3) Lifesaving appliances.

(4) Fire-fighting equipment.

(5) Operations.

(6) Liquefied petroleum gases. (7) Combustible or inflammable liquids with lethal qualities.

(c) The vessels and services to which each regulation applies are indicated by : letters in the heading of the section or paragraph. The first letter or two letters indicate the type of vessel and the letter or letters following the oblique line indicate the waters in which such vessels may operate. These letters are described as follows:

(1) "T" signifies a tank ship.

(2) "B" signifies a tank barge when it precedes an oblique line; or it signifies service on bays, sounds, and lakes other than the Great Lakes when it follows an oblique line.

(3) "ALL" signifies service on all waters.

(4) "O" signifies service on waters.

ocean

(5) "C" signifies services on coastwise waters.

(6) "L" signifies service on Great Lakes' waters.

(7) "R" signifies service on waters.

river

(d) This subchapter shall be applicable to all United States flag vessels indicated in Column 3 of Table 30.01-5(d), except as follows:

(1) Any vessel operating exclusively on inland waters which are not navigable waters of the United States.

(2) Any vessel while laid up and dismantled and out of commission.

(3) With the exception of vessels of the U. S. Maritime Administration, any vessel with title vested in the United States and which is used for public purposes.

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TABLE 30.01-5 (d)-Continued

Subchapters E (Load Lines), F (Marine Engineering), and J (Electrical Engineer-
ing) of this chapter are also applicable under certain conditions.

Public nautical school ships, other than vessels of the Navy and Coast Guard,
shall meet the requirements of Part 167 of Subchapter R (Nautical Schools) of this
chapter. Civilian nautical school ships, as defined by 46 U. 8. C. 1331, shall meet the
requirements of Subchapter H (Passenger Vessels) and Part 168 of Subchapter R (Nau-
tical Schools) of this chapter.

Any vessel on an international voyage is subject to the applicable requirements of the International Convention for the Safety of Life at Sea, 1948.

(e) This subchapter shall be applicable to all foreign flag vessels indicated in Column 3 of Table 30.01-5(d) while in the navigable waters of the United States insofar as meeting the general intent of the safety and cargo handling requirements set forth in Subparts 35.30 and 35.35 of this subchapter. Further, such vessels that carry 12 or less passengers from any port of the United States shall be subject to the provisions

O Length measured from end to end over deck, excluding sheer.
Boilers and machinery are subject to examination.

Vessels covered by Subchapter H (Passenger Vessels) or 1 (Cargo and Miscellaneous
Vessels) of this chapter, where the principal purpose or use of the vessel is not for the
carriage of liquid cargo, may be granted a permit to carry a limited amount of combusti
ble liquid cargo in bulk. The portion of the vessel used for the carriage of the combus
tible liquid cargo shall meet the requirements of Subchapter D (Tank Vessels) in
addition to the requirements of Subchapter H (Passenger Vessels) or I (Cargo and
Miscellaneous Vessels) of this chapter.

of this subchapter to the extent pre-
scribed by law except as follows:

(1) Any vessel of a foreign nation sig-
natory to the International Convention
on Safety of Life at Sea, 1948, and which
has on board a current, valid Safety
Equipment Certificate.

(2) Any vessel of a foreign nation hav-
ing inspection laws approximating those
of the United States together with re-
ciprocal inspection arrangements with

the United States, and which has on
board a current, valid certificate of in-
spection issued by its government under
such arrangements.

[CGFR 52-43, 17 F. R. 9294, Oct. 18, 1952]

§ 30.01-10 Application of regulations
governing alterations or repairs-TB/
ALL. When major alterations or major
repairs of tank vessels become necessary
the work shall be done under the direc-
tion of the Officer in Charge, Marine In-

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