that vessel. The following special considerations should be noted:

(a) In the case of a vessel on an international voyage a child under one year of age is not counted as a passenger.

(b) For vessels subject to the provisions of the act of May 10, 1956, the term "passenger" means every person carried on board a vessel other than:

(1) The owner or his representative; (2) The master and the bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services;

(3) Any employee of the owner of the vessel engaged in the business of the owner, except when the vessel is operating under a bareboat charter;

(4) Any employee of the bareboat charterer of the vessel engaged in the business of the bareboat charterer;

(5) Any guest on board a vessel which is being used exclusively for pleasure purposes who has not contributed any consideration directly or indirectly, for his carriage; or,

(6) Any person on board a vessel documented and used for tugboat or towboat service of fifty gross tons or more who has not contributed any consideration, directly or indirectly, for his carriage.

[CGFR 58-8, 23 F. R. 2606, Apr. 19, 1958]

§ 70.10-42 Sailing vessel. This term means a vessel with no mechanical means of propulsion, all propulsive power being provided by sails. [CGFR 58-8, 23 F. R. 2606, Apr. 19, 1958; CGFR 58-18, 23 F. R. 3448, May 21, 1958]

§ 70.10-45 Vessel. Where the word "vessel" is used in this subchapter, it shall be considered to include all vessels indicated in Column 4 of Table 70.05-1 (a), which are of more than 65 feet in length meaured from end to end over the deck excluding sheer, except as otherwise noted in this subpart. [CGFR 58-8, 23 F. R. 2606, Apr. 19, 1958]

SUBPART 70.30-SPECIAL PROVISIONS

§ 70.30-1 Vessels acquired or documented under the Act of August 9, 1954.

CODIFICATION: § 70.30-1 was amended in the following respects by CGFR 55-52, 20 F. R. 10011, Dec. 28, 1955:

1. The section headnote was amended to read as set forth above.

2. In paragraph (a), the phrase "act of June 6, 1941, as amended (sec. 5, 55 Stat. 244, 245, 50 U. S. C. App. 1275)" was changed to "act of August 9, 1954 (sec. 3, 68 Stat. 675; 50 U. S. C. 198)".

Part 71-Inspection and
Certification

Subpart 71.01-Certificate of Inspection

Sec. 71.01-10 Period of validity. [Revised] Subpart 71.20—Initial Inspection 71.20-15 Scope of inspections. [Revised] Subpart 71.25—Annual Inspection 71.25-5 When made. [Revised] 71.25-10 Scope of inspection. [Revised] 71.25-15 Lifesaving equipment. [Amended]

71.25-20 Fire detecting and extinguishing equipment. [Amended]

71.25-25 Hull equipment. [Amended]

Subpart 71.30-Reinspection
When made. [Revised]

71.30-1
Subpart 71.35-Special Surveys of Unclassed
Vessels. [Revoked]

71.35-1-71.35-45

Subpart 71.45-Sanitary Inspections [Revised] 71.45-1 When made.

71.50-1

Subpart 71.50-Drydocking

When required. [Revised]

AUTHORITY NOTE: In the citation of authority for this part, "sec. 3, 68 Stat. 675”, and "50 U. S. C. 198" are substituted for "sec. 5, 55 Stat. 244, 245, as amended", and "50 U. S. C. App. 1275", respectively, and "sec. 3, 70 Stat. 152; 46 U. S. C. 390b" is added to the interpret or apply phrase.

SUBPART 71.01-CERTIFICATE OF INSPECTION

§ 71.01-10 Period of validity. (a) Certificates of inspection will be issued for a period of one year, except for those vessels subject only to the act of May 10, 1956 (46 U. S. C. 390-390g), when the certificates will be issued for a period of three years. Application may be made by the owner for inspection and issuance of a new certificate of inspection at any time within its period of validity.

(b) The certificate of inspection may be revoked or suspended at any time. [CGFR 58-8, 23 F. R. 2606, Apr. 19, 1958]

SUBPART 71.20-INITIAL INSPECTION

§ 71.20-15 Scope of inspections. (a) The initial inspection, which may consist

of a series of inspections during the construction of a vessel, shall include a complete inspection of the structure, machinery, and equipment, including the outside of the vessel's bottom, and the outside, and where possible the inside, of the boilers. The inspection shall be such as to insure that the arrangements, materials, and scantlings of the structure, boilers and their appurtenances, piping, main and auxiliary machinery, electrical installations, lifesaving appliances, fire detecting and extinguishing equipment, and other equipment fully comply with the applicable regulations for such vessel and are in accordance with approved plans, and that the radio installations, including fixed and portable radios for lifeboats, are in accordance with the requirements of the Federal Communications Commission. The inspection shall also be such as to insure that the workmanship of all parts of the vessel and its equipment is in all respects satisfactory.

[CGFR 53-25, 18 F. R. 7851, Dec. 5, 1953]

SUBPART 71.25-ANNUAL INSPECTION

§ 71.25-5 When made. (a) The annual inspection will be made only upon the written application of the master, owner, or agent of the vessel on Form CG-833, Application for Inspection of Vessel. to the Officer in Charge, Marine Inspection, at or nearest the port where the vessel is to be inspected.

[CGFR 57-18, 22 F. R. 3467, May 17, 1957]

§ 71.25-10 Scope of inspection. (a) The annual inspection shall include an inspection of the structure, boilers, ma

Type unit Soda acid..

Foam---

Pump tank (water or antifreeze). Cartridge operated (water, antifreeze or loaded stream).

Carbon dioxide______ Dry chemical (cartridge-operated

type).

Dry chemical (stored pressure type).

chinery, and equipment. The inspection shall be such as to insure that the vessel, as regards the structure, boilers and their appurtenances, piping, main and auxiliary machinery, electrical installations, lifesaving appliances, fire detecting and extinguishing equipment, and other equipment is in satisfactory condition and fit for the service for which it is intended, and that it complies with the applicable regulations for such vessel, and that the radio installations, including fixed and portable radios for lifeboats, are in compliance with the requirements of the Federal Communications Commission.

[CGFR 53-25, 18 F. R. 7852, Dec. 5, 1953] § 71.25-15 Lifesaving equipment (a)

(2) Each lifeboat shall be lowered to near the water and then be loaded with its allowed capacity, evenly distributed throughout the length and then be lowered into the water until it is afloat and be released from the falls: Provided, That lifeboats on river ferryboats and on river vessels shall be lowered to the water and afloat before loading. In making this test persons or dead weight may be used. The total weight used shall be at least equal to the allowed capacity of the lifeboat, considering persons to weigh 165 pounds each.

[Subparagraph (2) amended by CGFR 55-2, 20 F. R. 590, Jan. 27, 1955]

§ 71.25-20 Fire detecting and extinguishing equipment.

(a) (1)

Test

Type unit

Vaporizing liquid (pump type).

Vaporizing liquid (stored pressure type).

Test

Weigh cylinders. Recharge if weight loss exceeds 10 percent of weight of charge.1

1 Cylinders shall be tested and marked in accordance with the regulations of the Interstate Commerce Commission, as noted in § 147.04-1 of Subchapter N (Explosives or Other Dangerous Articles or Substances and Combustible Liquids on Board Vessels) of this chapter.

CODIFICATION: In Table 71.25-20 (a) (2), footnote 1 relating to the test description for "Carbon dioxide" was added in column 2 by CGFR 54-16, 19 F. R. 4924, Aug. 6, 1954. § 71.25-25 Hull equipment. (a) (5) An inspection of cargo gear shall be required. A current certificate of the American Bureau of Shipping, or other recognized nonprofit organizations or associations approved by the Commandant, relating to tests and surveys of cargo gear may be accepted as prima facie evidence of the construction and suitability of such gear. Such certificate shall attest to the fact and so indicate that the standards established by either the American Bureau of Shipping or the International Labor Organization Convention No. 32 with respect to cargo gear have been met.

[Subparagraph (5) added by CGFR 57–26, 22 F. R. 3924, June 5, 1957]

SUBPART 71.30-REINSPECTION $71.30-1 When made. (a) In general, at least three reinspections shall be made on each vessel within one year. These reinspections will be made at ap

31048-59- -12

proximately equal intervals between annual inspections. For those vessels subject only to the act of May 10, 1956 (46 U. S. C. 390-390g), reinspections will be made annually between inspections for certification. In the case of vessels with a seasonal schedule, reinspections will be made during the operating season if practicable.

[CGFR 58-8, 23 F. R. 2606, Apr. 19, 1958]

SUBPART 71.35-SPECIAL SURVEYS OF UNCLASSED VESSELS [REVOKED BY CFGR 53-59, 18 F. R. 8900, DEC. 31, 1953] §§ 71.35-1-71.35-45

SUBPART 71.45-SANITARY INSPECTIONS [REVISED]

§ 71.45-1 When made. (a) An inspection of passenger and crew quarters, toilet and washing spaces, serving pantries, galleys, etc., shall be made, in general, at least once in every month. If the route of the vessel is such that it is away from a United States port for more than one month, an inspection shall be conducted at least once every trip.

[CGFR 58-8, 23 F. R. 2606, Apr. 19, 1958]

SUBPART 71.50-DRYDOCKING

§ 71.50-1 When required. (a) All vessels shall be placed in drydock or hauled out for examination within the periods set forth in this paragraph, depending upon the service.

(1) Each vessel shall be drydocked or hauled out at intervals not to exceed 18 months if it operates in salt water an aggregate of more than 9 months in the 18-month period since it was last drydocked or hauled out.

Page 161

(2) Each vessel shall be drydocked or hauled out at intervals not to exceed 36 months if it operates in salt water an aggregate of 6 months or less in each 12-month period since it was last drydocked or hauled out. When a vessel exceeds this aggregate amount of service in salt water in any 12-month period since it was last drydocked or hauled out, it shall be drydocked or hauled out within 6 months after the end of that period or within the 36-month interval, whichever is earlier.

(3) Each vessel shall be drydocked or hauled out at intervals not to exceed 60 months if it operates exclusively in fresh water.

[CGFR 57-31, 22 F. R. 5794, July 20, 1957] Prior Amendments

1954: 19 F. R. 4951, Aug. 6.

72.03-5 Fire hazards to be minimized. 72.03-10

Woodwork insulated from heated surfaces.

72.03-15 Lamp room construction. 72.03-20 Segregation of spaces containing the emergency source of electric power.

Subpart 72.05-Structural Fire Protection

72.05-5 Definitions. [Amended]

72.05-10 Type, location, and construction of fire control bulkheads and decks. [Amended]

72.05-15 Ceilings, linings, trim, and decorations in accommodation spaces and safety areas. [Amended] 72.05-20 Stairways, ladders, and elevators. [Revised]

72.05-25 Doors, other than watertight. Amended]

72.05-30 Windows and air ports. [Amended]

72.05-40 Insulation, other than for structural fire protection. [Revised] 72.05-50 Ventilation. [Amended] 72.05-55

72.10-5

Furniture and furnishings. [Amended]

Subpart 72.10-Means of Escape

Two means of escape. [Amended] Subpart 72.20-Accommodations for Officers and Crews 72.20-10 Location of crew spaces. [Amended]

Subpart 72.40-Rails and Guards Sec. 72.40-1 Application. [Revised] 72.40-5 Where rails required. [Amended]

AUTHORITY NOTE: In the citation of authority for this part, "sec. 3, 68 Stat. 675", and "50 U. S. C. 198" are substituted for "sec. 5, 55 Stat. 244, 245, as amended", and "50 U. S. C. App. 1275", respectively, and "sec. 3, 70 Stat. 152; 46 U. S. C. 390b" is added to the interpret or apply phrase.

SUBPART 72.01-HULL STRUCTURE

§ 72.01-1 Application. (a) The provisions of this subpart, with the exception of § 72.01-90, shall apply to all vessels contracted for on or after November 19, 1952, which are not subject to the act of May 10, 1956 (46 U. S. C. 390-390g). Vessels contracted for prior to November 19, 1952, which are not subject to the act of May 10, 1956, shall meet the requirements of § 72.01-90. The application of this subpart to vessels subject to the act of May 10, 1956, shall be in accordance with the policy expressed in § 70.05-15 of this subchapter. [CGFR 58-8, 23 F. R. 2607, Apr. 19, 1958] SUBPART 72.03-GENERAL FIRE PROTECTION

[ADDED]

SOURCE: §§ 72.03-1 to 72.03-20 contained in CGFR 56-35, 21 F. R. 6710, Sept. 6, 1956, except as otherwise noted.

§ 72.03-1 Application. (a) The provisions of this subpart shall apply to all vessels.

§ 72.03-5 Fire hazards to be minimized. (a) The general construction of the vessel shall be such as to minimize fire hazards insofar as is reasonable and practicable.

§ 72.03-10 Woodwork insulated from heated surfaces. (a) Internal combustion engine exhausts, boiler and galley uptakes and similar sources of ignition shall be kept clear of and suitably insulated from any woodwork or other combustible matter.

§ 72.03-15 Lamp room construction. (a) Lamp, paint, and oil lockers and similar compartments shall be constructed of steel or shall be wholly lined with metal.

§ 72.03-20 Segregation of spaces containing the emergency source of electric power. (a) The provisions of this section shall apply to all vessels contracted for on or after October 1, 1958.

(b) When a compartment containing the emergency source of electric power, or vital components thereof, adjoins a

ap

space containing either the ship's service generators or machinery necessary for the operation of the ship's service generators, all common bulkheads and/or decks shall be protected by approved "structural insulation" or other proved material. This protection shall be such as to be capable of preventing an excessive temperature rise in the space containing the emergency source of electric power, or vital components thereof, for a period of at least one hour in the event of fire in the adjoining space. Bulkheads or decks meeting Class A-60 requirements, as defined by § 72.05-10, will be considered as meeting the requirements of this paragraph.

[CGFR 58-10, 23 F. R. 4673, June 26, 1958]

SUBPART 72.05-STRUCTURAL FIRE
PROTECTION

72.05-5 Definitions.

(a)

(4) Open decks and enclosed promenades in way of lifeboat embarkation or lowering positions. (4) (See also paragraph (m) of this section.)

(f)

(2) Open decks and enclosed promenades except in way of lifeboat embarkation and lowering positions. (14) (See also paragraph (m) of this section.)

(h) "Main vertical zones" are those sections, the mean length of which does not, in general, exceed 131 feet on any one deck, into which the hull, superstructure, and deck houses are required to be divided by fire-resisting bulkheads.

(m) Spaces which might be considered as open decks due to the presence of permanent openings to the weather in one or more sides, or where any or all sides may be completely open to the weather, will be considered as interior or enclosed spaces for the purpose of this subpart if any spot on the overhead is more than 15 feet from the nearest opening to the weather. This requirement shall only apply to those portions of the space as are under a deck or canopy, but it shall not be considered as a restriction against permanent opening or a restriction against the materials used for a canopy. This paragraph shall not apply to open or enclosed promenades having a nominal width of 15 feet or less. This

paragraph shall be applicable only to vessels contracted for on or after October 1, 1957.

(n) For vessels contracted for on or after October 1, 1957, where balconies are installed opening into a space, the following general requirements shall be met:

(1) For the purpose of meeting main vertical zone bulkhead spacing, the length of the space to which the balcony is open will be considered as being increased by an amount equal to the gross area of the balcony divided by the average width of the space.

(2) Where balconies are formed by penetrating one or more decks, the bulkheads in the upper portion of the space are, in effect, part of a stepped or recessed deck and should be treated as such for fire control purposes. In this regard, particular attention should be given to the protection of openings with proper doors of the type indicated in paragraph (b) (9) of § 72.05-25.

(3) Two means of escape shall be provided for each balcony, at least one of which shall be independent of the space to which the balcony is open.

CODIFICATION: § 72.05-5 was amended in the following respects:

1. In paragraph (a), subparagraph (4) was amended to read as set forth above by CGFR 57-36, 22 F. R. 6095, Aug. 2, 1957.

2. In paragraph (f), subparagraph (2) was amended to read as set forth above by CGFR 57-36, 22 F. R. 6095, Aug. 2, 1957.

3. Paragraph (h) was amended to read as set forth above by CGFR 54–16, 19 F. R. 4924, Aug. 6, 1954.

4. Paragraphs (m) and (n) were added by CGFR 57-36, 22 F. R. 6095, Aug. 2, 1957.

§ 72.05-10 Type, location, and construction of fire control bulkheads and decks.

(b) The hull, superstructure, and deck houses shall be subdivided by suitable structural steel or other equivalent metal bulkheads into main vertical zones, the mean length of which shall not, in general, exceed 131 feet on any one deck. However, on vessels designed for special purposes, such as automobile or railroad car ferries, where the installation of such bulkheads would defeat the purpose for which the vessel is intended, equivalent means for controlling and limiting a fire may be substituted if specifically approved by the Commandant.