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112

Emergency lighting and power system.

113

Communication and alarm systems and equipment.

SUBCHAPTER K-MARINE INVESTIGATIONS AND SUSPENSION AND REVOCATION PROCEEDINGS

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Part 1-General Course and

Methods

CROSS REFERENCE: For Coast Guard jurisdiction, see 33 CFR Part 1. For procedures affecting merchant marine activities in particular, see Parts 2, 3, and 4 of this chapter.

§ 1.01 General flow of functions. (a) The general course and method by which the functions concerning merchant marine activities are channeled begins with the local Officer in Charge, Marine Inspection, through his subordinates, the Senior Marine Inspector, Matériel, Senior Marine Inspector, Personnel, Shipping Commissioner, and Senior Investigating Officer. As indicated in 33 CFR 1.01-20, he is deemed to have final authority subject to the rights of appeal set forth in § 2.01-70 of this chapter.

(b) The course from the Officer in Charge, Marine Inspection, or his subordinate, is to the Marine Inspection Officer on the staff of the District Commander then to the District Commander. From the latter officer the chain is to the Chief of one of the three divisions within the Office of Merchant Marine Safety at Headquarters. In most administrative cases the channel ends at that point. However, on matters of policy and of appeals from decisions of Officers in

Charge, Marine Inspection, or the District Commander, the matters are referred to the Commandant, through the Chief, Office of Merchant Marine Safety.

(c) The course and method by which proceedings looking to the revocation or suspension of licenses and certificates are channeled begins with the preferment by the investigating officer of charges, and specifications thereunder, against the holder of the license or certificate. Then follows the hearing by the examiner and his decision on the basis of the law and the evidence adduced at the hearing. The examiner issues his findings and order in each case, which are then filed with the Merchant Marine Investigating Unit for information and forwarding through the following channels for their information: Officer in Charge, Marine Inspection, Marine Inspection Officer on the Staff of the Coast Guard District Commander, and the District Commander. From the latter officer the chain is to the Chief of the Merchant Marine Personnel Division within the Office of Merchant Marine Safety at Headquarters. In most administrative cases the channel ends at that point. However, in the cases of appeals, the notice of appeal with supporting papers is filed with the Coast Guard District

Commander of the district in which the
hearing was held, if within the United
States or its possessions, who transmits
the notice of appeal with supporting
papers, if any, and a complete transcript
of the record in the case to the Com-
mandant. In foreign ports the examiner
files his findings and order with the Mer-
chant Marine Detail for information and
from there the record in the case is for-
warded to the Commandant. Appeals
from decisions of examiners in foreign
ports are filled with the Coast Guard Dis-
trict Commander in the district in which
the person first arrives in the United
States. The Coast Guard District Com-
mander immediately forwards the appeal
to the Commandant.

(Sec. 8, 18 Stat. 127, as amended; 14 U. S. C.
92. Interprets or applies E. O. 10402, 17 F. R.
9917; 3 CFR, 1952 Supp.) [11 F. R. 177A-81,
Sept. 11, 1946, 11 F. R. 12095, Oct. 16, 1946,
as amended at 11 F. R. 13970, Nov. 30, 1946]

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Subpart 2.85-Load Lines

Assignment of load lines.

Subpart 2.90 Plans, Drawings or Blueprints

2.90-1 General requirements.

AUTHORITY: §§ 2.01-1 to 2.90-1 issued under

R. S. 4405, as amended, 4462, as amended; 46

U. S. C. 375, 416. Interpret or apply E. O.

10402, 17 F. R. 9917; 3 CFR 1952 Supp.

SOURCE: §§ 2.01-1 to 2.90-1 contained in

CGFR 52-43; 17 F. R. 9282, Oct. 18, 1952;
CGFR 52-62, 17 F. R. 11874, Dec. 31, 1952.

SUBPART 2.01-INSPECTING AND

CERTIFICATING OF VESSELS

§ 2.01-1 Applications for inspec-

tions—(a) Application forms. (1) Ap-

plications for the annual inspections of

vessels required to be inspected by 46

U. S. C. 362, 363, 367, 391, 391a, 395, 404,

405, 1333, shall be made by the master,

owner or agent on the following Coast

Guard forms which are obtainable from

the Officer in Charge, Marine Inspection,

at any local Marine Inspection Office,

U. S. Coast Guard:

833-Application for Inspection of Vessel.

986-Application for Inspection of Foreign

Passenger Vessel.

(2) These applications require infor-
mation on name and type of vessel, na-
ture of employment and route in which
to be operated, and place where and date
when she may be inspected.

(b) To whom submitted. The com-

pleted forms shall be submitted to the

Marine Inspection Office located in, or

nearest, the port at which the inspection

is to be made. The applicant will be ad-

vised in writing of the time when the

inspection will be made.

(c) New vessels. Applications for in-

spection of new vessels shall be preceded

by the submission of applicable drawings

or prints in accordance with specific re-

quirements in Subchapters D (Tank Ves-

sels), E (Load Lines), F (Marine Engi-

neering), H (Passenger Vessels), I

(Cargo and Miscellaneous Vessels) and/

or J (Electrical Engineering) of this

chapter applicable to that particular type of vessel and/or type of service in which it is proposed to be operated.

§ 2.01-5 Certificates of inspection— (a) Issuance of certificates. Certificates issued upon completion of the inspection of a vessel and on condition that the vessel and her equipment are approved by the inspectors a certificate on one of the following Coast Guard forms will be issued by the Officer in Charge, Marine Inspection, as required by 46 U. S. C. 399:

(1) CG 841-Certificate of Inspection for Steam or Motor Vessels.

(2) CG 842-Certificate of Inspection for Tank Barges.

(3) CG 852-Certificate of Inspection for Sail Vessels and Barges Carrying Passengers for Hire.

(4) CG 854-Temporary Certificate of Inspection.

(5) CG 856-Certificate of Inspection for Seagoing Barges of 100 Gross Tons or Over.

(6) CG 987-Certificate of Inspection for Foreign Passenger Vessels.

(7) CG 989-Certificate of Examination of Foreign Passenger Vessel of Country Having Inspection Laws Approximating Those of the United States.

(8) A-Approval of Boilers and Machinery on Steam Propelled Motorboats. (9) B-Inspection of Boilers on Steam Propelled Motorboats.

(b) Description of certificate. These certificates describe the vessel; the route over which she may travel; the minimum manning requirements; the safety equipment and appliances required to be carried on board; the total number of persons which may be carried; the condition of the vessel and her machinery; the names of the master and the owner. The duration of the certificates is for a period of 1 year after which they must be renewed by making application for inspection as provided for in § 2.01-1.

(c) Amending certificates. Where by reason of a change in the character of a vessel or in her route, equipment, etc.. the vessel will not comply with the requirements of the certificate of inspection previously issued a certificate amending such certificate may be issued at the discretion of the Officer in Charge, Marine Inspection, to whom request is made, on Coast Guard Form 853, Cer

tificate Amending Certificate of Inspection by Changing Character of Vessel, Route, Equipment, etc.

(d) Compliance with new requirements. Where it is found that a vessel cannot comply with any of the new requirements in this chapter effective on or after November 19, 1952, because the equipment is not available, or the installation cannot be made without undue delay to the vessel, or for similar reasons, the Commandant may permit a reasonable time to be granted to such vessel to comply with the requirements. Where such permission is given, it shall be noted on the certificate of inspection together with the time limit granted.

§ 2.01-10 Inspection requirements. (a) If during the inspection of a vessel made at the request of the master, owner, or agent, the vessel or her equipment is found not to conform to the requirements of law or regulations in this chapter, the requirements which must be met will be listed on Form CG 835, Notice of Merchant Marine Inspection Requirements, and given to the master of the vessel.

(b) The Coast Guard on its own initiative may examine or inspect or reinspect at anytime any vessel subject to Title 52 of the Revised Statutes (R. S. 4399-4500; 46 U. S. C. 170, 214–240, 361– 498), and acts amendatory thereof or supplemental thereto. If during such examination, inspection, or reinspection. any failure to comply with any applicable requirement of law and/or applicable regulations in this chapter, or any defects or imperfections become apparent tending to render the navigation of the vessel unsafe, or that repairs have become necessary, the Coast Guard will so notify the master and state what is required.

§ 2.01-15 Vessel repairs. (a) The procedures to be followed in notifying the Coast Guard about vessel repairs varies according to the type of vessel and service in which engaged. The requirements by type of vessels are set forth in Subchapters D (Tank Vessels), E (Load Lines), H (Passenger Vessels), and I (Cargo and Miscellaneous Vessels) of this chapter. The additional requirements for repairs of certain equipment and installations are in Subchapters F (Marine Engineering) and J (Electrical Engineering) of this chapter.

(b) If repairs to a vessel are necessary, such vessel may be permitted to proceed to another port for repairs, if in the opinion of the inspector it can be done with safety. The permit is granted by the Officer in Charge, Marine Inspection, upon request in writing by the master or owner of the vessel and is issued on Coast Guard Form 948, Permit To Proceed to Another Port for Repairs. No repairs or alterations affecting safety of a vessel or her machinery shall be made unless applicable requirements in Subchapters D (Tank Vessels), E (Load Lines), F (Marine Engineering), H (Passenger Vessels), I (Cargo and Miscellaneous Vessels) and/or J (Electrical Engineering) of this chapter are met.

§ 2.01-20 Revocation of certificates of inspection. Under authority of 46 U. S. C. 435 the certificates of inspection referred to in § 2.01-5 may be revoked if the vessel is found at reinspections not to comply with the terms of the vessel's certificate of inspection.

§ 2.01-25 International Convention for the Safety of Life at Sea, 1948.-(a) Certificates required. (1) The International Convention for the Safety of Life at Sea, 1948, requires one or more of the following certificates to be carried on certain vessels engaged in international voyages:

(i) Safety certificate for passenger vessels.

(ii) Safety equipment certificate for cargo ships (including tank ships).

(iii) Safety radiotelephony certificate. (iv) Safety radiotelegraphy certificate. (v) Exemption certificate.

(2) The United States Coast Guard will issue the certificates listed in paragraph (a) of this section.

(b) Applications. (1) The application for the inspection of a passenger vessel is made on the appropriate form listed in § 2.01-1, or by letter, to the Officer in Charge, Marine Inspection, in or nearest the port at which the inspection is to be made and shall be signed by the master or agent of the vessel. Further details are set forth in Subchapter H (Passenger Vessels) of this chapter.

(2) The application for the inspection of a cargo vessel including a tank vessel is made on the appropriate form listed in § 2.01-1, or by letter to the Officer in Charge, Marine Inspection, in

or nearest the port at which the inspection is to be made and shall be signed by the master or agent of the vessel. Further details are set forth in Subchapters D (Tank Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.

(3) The application for the inspection of a vessel other than passenger vessel concerning the issuance of a safety radiotelephony certificate or safety radiotelegraphy certificate is made by letter to the local office of the Federal Communications Commission, which agency is responsible for the inspection. The local inspector of the agency reports the results of the inspection to the Officer in Charge, Marine Inspection, who issues the certificate.

If a vessel (c) Certificates issued. meets the applicable requirements of the convention, it shall be issued one or more of the certificates listed in paragraph (a) of this section. These certificates describe the vessel or state the vessel is in compliance with the requirements of the convention.

(d) Letter in lieu of a required certificate. Where completion of the certification of any vessel cannot be effected prior to the sailing of the vessel on a foreign voyage, a letter in lieu of a certificate is issued by the Officer in Charge, Marine Inspection, on Coast Guard Form 969, explaining the failure of the ship to have on board the certificate required.

(e) Exempted vessel. A vessel may be exempted by the Commandant, U. S. Coast Guard, from complying with certain requirements of the convention upon request made in writing to him. In such case the exemptions are stated in the exemption certificate, which is issued by the Commandant through the appropriate Officer in Charge, Marine Inspection.

(f) Foreign flag vessels. At the request of the government of a country in which is registered a vessel engaged in international voyages, such a vessel may be issued the applicable certificate or certificates listed in paragraph (a) of this section by the Coast Guard. The certificate will be issued only after inspection has been made of the vessel and the vessel is found to comply with the requirements of the convention.

§ 2.01-50 Special permits-(a) Passengers or persons in addition to crew. Special permits may be issued to certain

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