(2) In general, the whistle shall be located on the forward side of or above the structure of the vessel so as to be as free of obstructions as possible. Where practicable, it shall be installed at least 6 feet above the wheelhouse, except that on vessels navigating the Western Rivers, and any vessel of less than 100 gross tons, it shall be at least 2 feet above the wheelhouse.

(3) On double ended ferry vessels and similar vessels, where steam whistles are employed, they shall be installed both forward and aft of the stacks or one such whistle on either the port or starboard side of the stack.

[CGFR 58-8, 23 F. R. 2608, Apr. 19, 1958]

on

§ 77.20-5 Motorboats operating the high seas. [Deleted by CGFR 58-8, 23 F. R. 2608, Apr. 19, 1958]

§ 77.20-10 Motorboats operating on navigable waters of the United States. [Deleted by CGFR 58-8, 23 F. R. 2608, Apr. 19, 1958]

SUBPART 77.23-FOG HORNS [REVISED]

§ 77.23-1 When required. (a) Vessels shall be equipped with an efficient fog horn as prescribed by the pilot rules for the waters on which the vessel is navigated. On vessels in ocean or coastwise service, the fog horn shall be sounded by mechanical means. [CGFR 58-8, 23 F. R. 2608, Apr. 19, 1958]

§ 77.23-5 Motorboats. [Deleted by CGFR 58-8, 23 F. R. 2608, Apr. 19, 1958] SUBPART 77.25-FOG SOUND SIGNAL DEVICES [REVISED]

§ 77.25-1 When required. (a) All vessels shall be provided with an efficient fog bell at least 8 inches in diameter. The fog bell shall be located where the sound will be least obstructed.

(b) All vessels of more than 350 feet in length shall be provided with a fog gong which will produce a sound easily distinguishable from the sound of the bell required by paragraph (a) of this section and shall have a range of audibility approximating that of the bell. Vessels operating exclusively on the Great Lakes and the inland waters of the United States shall be exempt from this paragraph.

[CGFR 58-8, 23 F. R. 2608, Apr. 19, 1958] Prior Amendments

1954: 19 F. R. 8699, Dec. 18.

§ 77.25-5 Motorboats operating on the high seas. [Deleted by CGFR 58-8, 23 F. R. 2608, Apr. 19, 1958]

§ 77.25-10 Motorboats operating on the navigable waters of the United States. [Deleted by CGFR 58–8, 23 F. R. 2608, Apr. 19, 1958]

SUBPART 77.27-SOUNDING EQUIPMENT
[REVISED]

§ 77.27-1 When required. (a) All mechanically propelled vessels in ocean or coastwise service of 500 gross tons and over, and all mechanically propelled vessels in Great Lakes service of 1,500 gross tons and over, except paddle wheel vessels, shall be fitted with an efficient mechanical or electronic deep-sea sounding apparatus in addition to the deepsea hand leads. On Great Lakes vessels, a shallow water alarm may be substituted.

[CGFR 58-10, 23 F. R. 4675, June 26, 1958]

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 78.05-NOTICE TO MARINERS AND AID TO NAVIGATION [REVISED] SOURCE: §§ 78.05-1 and 78.05-5 contained in CGFR 58-8, 23 F. R. 2608, Apr. 19, 1958. Prior Amendments

1955: 20 F. R. 4461, June 25.

(a) Li

§ 78.05-1 Duty of officers. censed deck officers are required to acquaint themselves with the latest information published by the Coast Guard and the United States Navy regarding aids to navigation. Neglect to do so is evidence of neglect of duty. It is desirable that all vessels have available in the pilothouse for convenient reference at all times a file of the applicable Notice to Mariners.

(1) Notice to Mariners, published weekly by the Coast Guard, contains announcements and information regarding aids to navigation and charts of waters of the United States and is available for free distribution at field offices of the Coast Guard, United States Coast and Geodetic Survey field stations, and the Marine Division, Customhouse.

(2) Notice to Mariners, published weekly by the United States Navy for the correction of charts, sailing directions, light lists, and other publications, and which includes foreign waters and certain waters of the United States, is available for free distribution at the

Hydrographic Office, Branch Hydrographic offices, or any of the agencies of seaboard ports, and is also on file in the United States consulates where they may be inspected.

§ 78.05-5 Charts. (a) All vessels, except barges, ferryboats, and vessels operating exclusively on rivers, shall have charts of the waters upon which they operate available for convenient reference at all times.

SUBPART 78.10-PERSONS ALLOWED IN PILOTHOUSE AND ON NAVIGATION BRIDGE

§ 78.10-5 Posting. (a) The master of every vessel shall keep three printed copies of § 78.10-1, Form CG-802, posted in conspicuous places on such vessel, one of which shall be kept posted in the pilothouse.

[Paragraph (a) amended by CGFR 58-8, 23 F. R. 2608, Apr. 19, 1958]

appoint a person in command of each lifeboat and life raft, and except for river service, this person shall be either a licensed deck officer or an able seaman, except that life rafts for 15 persons or less in Great Lakes and lakes, bays, and sounds service may be placed in the charge of a certificated lifeboatman. The person in charge of each lifeboat or life raft shall have a list of its crew, and shall see that the persons under his orders are acquainted with their several duties.

(e) The master shall assign to each motor-propelled lifeboat a man capable of working the motor.

(f) The master shall assign to each lifeboat carrying a wireless and searchlight a man capable of operating such equipment.

CODIFICATION: § 78.13-20 was revised by CGFR 53-25, 18 F. R. 7853, Dec. 5, 1953. Subsequently, paragraph (a) was amended to read as set forth above by CGFR 58-8, 23 F. R. 2608, Apr. 19, 1958.

SUBPART 78.17-TESTS, DRILLS, AND
INSPECTIONS

§ 78.17-1 Application. (a) Except as specifically noted, the provisions of this subpart shall apply to all vessels. [CGFR 58-8, 23 F. R. 2608, Apr. 19, 1958]

§ 78.17-50 Fire and boat drills. CODIFICATION: In § 78.17-50, paragraph (e) was revoked by CGFR 56-14, 21 F. R. 2521, Apr. 18, 1956.

§ 78.17-60 Lifeboats, life rafts, life floats, and buoyant apparatus. (a) (1) It shall be the duty of the master or person in charge to see that the lifeboats, life rafts, life floats, and buoyant apparatus are properly maintained at all times, and that all equipment for his vessel required by the regulations in this subchapter is provided, maintained, and replaced as indicated.

(2) The master shall assign to one or more officers the duty of seeing that the lifeboats, life rafts, life floats, and buoyant apparatus are at all times ready for immediate use.

(3) The decks on which lifeboats, life rafts, life floats, and buoyant apparatus are stowed shall be kept clear of cargo or any other obstructions which would interfere with the immediate launching of such equipment.

[Paragraph (a) amended by CGFR 57-18, 22 F. R. 3468, May 17, 1957]

§ 78.17-70 Radio apparatus for lifeboats. (a) It shall be the duty of the master to require that all batteries for all fixed and portable radio apparatus for lifeboats are brought up to full charge weekly if the batteries are of a type which require recharging.

(b) In any case, the transmitter shall be tested weekly using a suitable artificial aerial.

[CGFR 53-25, 18 F. R. 7853, Dec. 5, 1953]

78.17-75 Requirements for fuel of (a) It shall be the duty of the chief engineer to cause an entry in the log be made of each supply of fuel oil received on board, stating the quantity received, the name of the vendor, the name of the oil producer, and the flash point (closed cup test) for which it is certified by the producer.

(b) It shall be the further duty of the chief engineer to cause to be drawn and sealed and suitably labeled at the time the supply is received on board, a halfpint sample of each lot of fuel oil. These samples shall be preserved until the particular supply of oil is exhausted. [CGFR 53-25, 18 F. R. 7853, Dec. 5, 1953]

§ 78.17-80 Fire-fighting equipment, general. (a) It shall be the duty of the owner, master, or person in charge to see that the vessel's fire-fighting equipment is at all times ready for use and that all such equipment required by the regulations in this subchapter is provided, maintained, and replaced as indicated.

(b) It shall be the duty of the owner, master, or person in charge to require and have performed at least once in every twelve months the tests and inspections of all hand portable fire extinguishers, semi-portable fire extinguishing systems, and fixed fire extinguishing systems on board, as described in Tables 71.25-20 (a) (1) and 71.25-20 (a) (2) in § 71.25-20 of this subchapter. The owner, master, or person in charge shall keep records of such tests and inspections showing the dates when performed, the number and/or other identification of each unit tested and inspected, and the name(s) of the person(s) and/or company conducting the tests and inspections. Such records shall be made available to the inspector upon request and shall be kept for the period of validity of the vessel's current certificate of inspection. Where practicable these records should be kept in or with the vessel's log

78.30-30 Reckless or negligent operation prohibited by law. (a) Subsection 13 (a) of the Act of April 25, 1940 (46 U. S. C. 5261), reads as follows:

No person 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. To "operate" means to navigate or otherwise use a motorboat or a vessel. [CGFR 58-40, 23 F. R. 8549, Nov. 1, 1958] SUBPART 78.33-REPORTS OF ACCIDENTS, REPAIRS, AND UNSAFE EQUIPMENT

§ 78.33-20 Breaking of safety valve seal. (a) If at any time it is necessary to

break the seal on a safety valve for any purpose, the chief engineer shall advise the Officer in Charge, Marine Inspection, at the next port of call, giving the reason for breaking the seal and requesting that the valve be examined and adjusted by an inspector.

[CGFR 53-25, 18 F. R. 7858, Dec. 5, 1953]

SUBPART 78.37-LOG BOOK ENTRIES

§ 78.37-1 Application. (a) Except as specifically noted, the provisions of this subpart shall apply to all vessels. [CGFR 58-8, 23 F. R. 2609, Apr. 19, 1958] § 78.37-5 Actions required logged. (a)

to be

(12) Fuel oil data: Upon receipt of fuel oil on board. See § 78.17-75. [Subparagraph (12) added by CGFR 53-25, 18 F. R. 7853, Dec. 5, 1953]

§ 78.37-10 Official log entries. (a) In addition to other items required to be entered in the official log book on every vessel where an official log book is required, all items relative to the crew and passengers, including the count of passengers carried, and to casualties shall also be entered.

(b) Except as noted in subparagraph (1) of this paragraph, on any vessel where an official log book is not required, the master shall keep a record of the correct count of all the passengers received and delivered from day to day. This record shall be open to inspection by the Coast Guard at all times. The aggregate number of the passengers carried shall be furnished to the Coast Guard whenever requested (R. S. 4467, as amended, 46 U. S. C. 460). The information shall be available for a period of one year after the date to which the records refer.

(1) The provisions of the paragraph shall not apply to ferry vessels.

CODIFICATION: § 78.37-10 was revised by CGFR 56-14, 21 F. R. 2521, Apr. 18, 1956. Subsequently, paragraph (b) was amended to read as set forth above by CGFR 57-9, 22 F. R. 1639, Mar. 14, 1957.

SUBPART 78.47-MARKINGS FOR FIRE AND EMERGENCY EQUIPMENT, ETC.

the master and the engineer in charge of the boilers of any vessel to require that a steam pressure is not carried in excess of that allowed by the certificate of inspection, and to require that the safety valves, once set and sealed by the inspector, are in no way tampered with or made inoperative except as provided in § 78.33-20.

[CGFR 53-25, 18 F. R. 7853, Dec. 5, 1953] SUBPART 78.65-EXHIBITION OF LICENSE § 78.65-5 Motorboat operators. [Deleted by CGFR 58-8, 23 F. R. 2609, Apr. 19, 1958]

AUTHORITY NOTE: In Parts 90 through 97 of this subchapter the phrases in the citations of authority reading "sec. 5, 55 Stat. 244, 245, as amended;" and "50 U. S. C. App. 1275;" are deleted and the following phrases substituted therefor: "sec. 3, 68 Stat. 675;", "50 U.S. C. 198."

90.30-1

Vessels acquired or documented under the Act of August 9, 1954 [Amended]

SUBPART 90.01-AUTHORITY AND PURPOSE § 90.01-10 Authority for regulations.

CODIFICATION: In paragraphs (b), (c), (d), (e), (f), (g) and (h), the phrase "sec. 5, 55 Stat. 244, 245" was changed to "sec. 3, 68 Stat. 675" and the phrase "50 U. S. C. App. 1275" was changed to "50 U. S. C. 198" by CGFR 55-52, Dec. 28, 1955.