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National
United States Regulations
46 CFR PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS


Title 46: Shipping


PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS



Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 10603; Department of Homeland Security Delegation No. 0170.1.

Source: CGD 88–079, 56 FR 40393, Aug. 14, 1991, unless otherwise noted.

Subpart A—General Provisions
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§ 28.10 Authority.
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The regulations in this part are prescribed by the Commandant of the Coast Guard, pursuant to a delegation of authority by the Secretary of Transportation set forth in 49 CFR 1.46(b), to carry out the intent and purpose of 46 U.S.C. 3316 which authorizes the Secretary to rely on reports, documents, and certificates issued by the American Bureau of Shipping (ABS) or a similar United States classification society, or an agent of the ABS or similar society; sections 4502 and 4506 which require safety equipment and operational stability for certain vessels in the commercial fishing industry; section 6104 which requires the Secretary of Transportation to compile statistics concerning marine casualties compiled from vessel insurers and to delegate that authority to compile statistics from insurers to a qualified person; and section 10603 which requires seamen on commercial fishing industry vessels to give notice of illness, injury, or disability to their employer.

§ 28.20 OMB control numbers.
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(a) This section collects and displays the control numbers assigned to information collection and recordkeeping requirements in this part by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This section complies with the requirements of 44 U.S.C. 3507(f) which requires that agencies display a current control number assigned by the Director of the OMB for each approved agency information collection requirement.

(b) Display.



------------------------------------------------------------------------
Current OMB
46 CFR part or section where identified or described control No.
------------------------------------------------------------------------
§ 28.80.............................................. 1625-0061
§ 28.90.............................................. 1625-0061
§ 28.135............................................. 1625-0061
§ 28.165............................................. 1625-0061
§ 28.530............................................. 1625-0061
§ 28.710............................................. 1625-0061
§ 28.720............................................. 1625-0061
------------------------------------------------------------------------


[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as amended by USCG-2004–18884, 69 FR 58344, Sept. 30, 2004]

§ 28.30 Applicability.
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(a) Except as provided in paragraph (b) of this section, this part is applicable to all United States flag vessels not inspected under this chapter that are commercial fishing, fish processing, or fish tender vessels. This includes vessels documented under the provisions of subchapter G of this chapter and vessels numbered by a State or the Coast Guard under the provisions of 33 CFR subchapter S. Certain regulations in this part apply only to limited categories of vessels. Specific applicability statements are provided at the beginning of those regulations.

(b) This part does not apply to a small boat or auxiliary craft that is deployed from a fishing industry vessel for the purpose of handling fishing gear.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991, as amended by USCG-2004–18884, 69 FR 58344, Sept. 30, 2004; USCG–2004–18884, 69 FR 68089, Nov. 23, 2004]

§ 28.40 Incorporation by reference.
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(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a). To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish notice of change in the Federal Register and make the material available to the public. All approved material is on file at the U.S. Coast Guard, Office of Design and Engineering Standards (G-MSE), 2100 Second Street SW., Washington, DC 20593–0001 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. All material is available from the sources indicated in paragraph (b) of this section.

(b) The material approved for incorporation by reference in this part and the sections affected are:





American Boat and
Yacht Council
(ABYC),
3069 Solomons
Island Road,
Edgewater, MD
21037
E-1- 28.345
1972_Bonding
of Direct
Current
Systems.
E-8- 28.345
1985_Alterna
ting Current
(AC)
Electrical
Systems on
Boats.
E-9- 28.345
1981_Recomme
nded
Practices
and
Standards
Covering
Direct
Current (DC)
Electrical
Systems on
Boats.
H-2- 28.340
1989_Ventila
tion of
Boats Using
Gasoline.
H-25- 28.335
1986_Portabl
e Fuel
Systems for
Flammable
Liquids.
H-33- 28.335
1989_Diesel
Fuel Systems.
P-1- 28.380
1986_Install
ation of
Exhaust
Systems for
Propulsion
and
Auxiliary
Engines.
American Society
for Testing and
Materials
(ASTM),
100 Barr Harbor
Drive, West
Conshohocken,
PA 19428-2959.
ASTM F 1321- 28.535
92, Standard
Guide for
Conducting a
Stability
Test
(Lightweight
Survey and
Inclining
Experiment)
to Determine
the Light
Ship
Displacement
and Centers
of Gravity
of a Vessel.
International
Maritime
Organization
(IMO),
Publications
Section, 4
Albert
Embankment,
London SE1
7SR, United
Kingdom:
Resolution 28.135
A.658(16)
``Use and
Fitting of
Retro-
Reflective
Materials on
Life-Saving
Appliances''
, dated
November
1989.
National Fire
Protection
Association
(NFPA),
1 Batterymarch
Park, Quincy,
MA 02269:
70- 28.350; 28.370; 28.865
1990_Nationa
l Electrical
Code (also
known as
ANSI/NFPA 70-
1990).
302- 28.335; 28.340; 28.345
1989_Pleasur
e and
Commercial
Motor Craft.
17-1985_Dry 28.330
Chemical
Extinguishin
g Systems.
17A-1986_Wet 28.330
Chemical
Extinguishin
g Systems.
Society of
Automotive
Engineers (SAE),
400
Commonwealth
Drive,
Warrendale, PA
15096;
SAE J 1475- 28.880
1984_Hydraul
ic Hose
Fitting for
Marine
Applications.
SAE J 1942- 28.405
1989_Hose
and Hose
Assemblies
for Marine
Applications.
Underwriters
Laboratories,
Inc. (UL),
12 Laboratory
Drive,
Research
Triangle Park,
NC 27709-3995
UL 217- 28.325; 28.830
1985_Single
and Multiple
Station
Smoke
Detectors.
UL 710- 28.330
1990_Exhaust
Hoods for
Commercial
Cooking
Equipment.



[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 95–072, 60 FR 50461, Sept. 29, 1995; CGD 94–025, 60 FR 54444, Oct. 24, 1995; CGD 96–041, 61 FR 50726, Sept. 27, 1996; CGD 97–057, 62 FR 51042, Sept. 30, 1997; USCG-1999–5151, 64 FR 67176, Dec. 1, 1999]

§ 28.50 Definition of terms used in this part.
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Accepted organization means an organization which has been designated by the Commandant for the purpose of examining commercial fishing industry vessels under the provisions of §28.073.

Accommodations include:

(1) A messroom.

(2) A lounge.

(3) A sitting area.

(4) A recreation room.

(5) Quarters.

(6) A toilet space.

(7) A shower room.

(8) A galley.

(9) Berthing facilities.

(10) A clothing changing room.

Alcohol concentration means either grams of alcohol per 100 milliliters of blood, or grams of alcohol per 210 liters of breath.

Aleutian trade means the transportation of cargo, including fishery related products, for hire on board a fish tender vessel to or from a place in Alaska west of 153 degrees West longitude and east of 172 degrees East longitude if that place receives weekly common carrier service by water, to or from a place in the United States, except a place in Alaska.

Approved means approved by the Commandant unless otherwise stated.

Auxiliary Craft means a vessel that is carried onboard a commercial fishing vessel and is normally used to support fishing operations.

Boundary lines means the lines described in part 7 of this chapter. In general, they follow the trend of the seaward high water shorelines and cross entrances to small bays, inlets, and rivers. In some areas, they are along the 12-mile line that marks the seaward limits of the territorial sea and, in other areas, they come ashore.

Buoyant Apparatus means a buoyant apparatus approved by the Commandant.

Coast Guard Boarding Officer means a commissioned, warrant, or petty officer of the Coast Guard having authority to board any vessel under the Act of August 4, 1949, 63 Stat. 502, as amended (14 U.S.C. 89).

Coast Guard Representative means a person employed at the cognizant U.S. Coast Guard Marine Safety Office or Marine Inspection Office, or an accepted organization, or a similarly qualified organization approved in examining commercial fishing industry vessels. Contact Office of Compliance, Fishing Vessels Safety Division, Commandant (G-MOC-3), U.S. Coast Guard, 2100 Second Street S.W., Washington, DC 20593–0001 for a current list of accepted organizations or similarly qualified organizations.

Coastal Service Pack means equipment provided in liferafts approved by the Commandant for coastal service.

Coastal waters means coastal waters as defined in 33 CFR 175.105.

Coastline means the territorial sea baseline as defined in 33 CFR 2.20.

Cold water means water where the monthly mean low water temperature is normally 59 °F (15 °C) or less.

Commandant means the Commandant of the Coast Guard or an authorized representative of the Commandant of the Coast Guard.

Commercial fishing industry vessel means a fishing vessel, fish tender vessel, or a fish processing vessel.

Currently corrected means corrected with changes contained in all Notice to Mariners published by the Defense Mapping Agency Hydrographic/Topographic Center.

Custom engineered means, when referring to a fixed gas fire extinguishing system, a system that is designed for a specific space requiring individual calculations for the extinguishing agent volume, flow rate, and piping, among other factors, for the space.

District Commander means an officer of the Coast Guard designated as such by the Commandant to command all Coast Guard activities within a district.

Documented vessel means a vessel for which a Certificate of Documentation has been issued under the provisions of 46 CFR part 67.

Equipment Packs means equipment provided in liferafts approved by the Commandant.

Especially hazardous condition means a condition which may be life threatening or lead to serious injury if continued.

Fish means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life, except marine mammals and birds.

Fish processing vessel means a vessel that commercially prepares fish or fish products other than by gutting, decapitating, gilling, skinning, shucking, icing, freezing, or brine chilling.

Fish tender vessel means a vessel that commercially supplies, stores, refrigerates, or transports fish, fish products, or materials directly related to fishing or the preparation of fish to or from a fishing, fish processing or fish tender vessel or a fish processing facility.

Fishing vessel means a vessel that commercially engages in the catching, taking, or harvesting of fish or an activity that can reasonably be expected to result in the catching, taking, or harvesting of fish.

Fishing Vessel Drill Conductor means an individual who meets the training requirements of 46 CFR 28.270(c) for conducting drills and providing instruction once a month to each individual on board those vessels to which Subpart C of this section applies.

Fishing Vessel Safety Instructor means an individual or organization that has been accepted by the local Officer-in-Charge, Marine Inspection to train Fishing Vessel Drill Conductors to conduct drills and provide instruction on those vessels to which subpart C of this part applies.

Gasoline as used in this part includes gasoline-alcohol blends and any other fuel having a flash point of 110 °F (43.3 °C) or lower.

Inflatable Buoyant Apparatus means an inflatable buoyant apparatus approved by the Commandant.

Inflatable Liferaft means an inflatable liferaft that is approved by the Commandant.

Length means the length listed on the vessel's Certificate of Documentation or Certificate of Number.

Lifeboat means a lifeboat approved by the Commandant.

Liferaft means a liferaft approved by the Commandant.

Major conversion means a conversion of a vessel that—

(1) Substantially changes the dimensions or carrying capacity of the vessel;

(2) Changes the type of the vessel;

(3) Substantially prolongs the life of the vessel; or

(4) Otherwise so changes the vessel that it is essentially a new vessel, as determined by the Commandant.

Mile means a nautical mile.

North Pacific Area means all waters of the North Pacific Ocean and Bering Sea north of 48°30' north latitude including waters in contiguous bays, inlets, rivers, and sounds.

Officer in Charge, Marine Inspection (OCMI) means an officer of the Coast Guard who commands a Marine Inspection Zone described in 33 CFR part 3 or an authorized representative of that officer.

Open to the atmosphere means a space that has at least 15 square inches (9680 square millimeters) of open area directly exposed to the atmosphere for each cubic foot (0.0283 cubic meters) of net volume of the space.

Operating station means the principal steering station on the vessel from which the vessel is normally navigated.

Pre-engineered means, when referring to a fixed gas fire extinguishing system, a system that is designed and tested to be suitable for installation as a complete unit in a space of a set volume, without modification, regardless of the vessel on which installed.

Similarly qualified organization means an organization which has been designated by the Commandant for the purpose of classing or examining commercial fishing industry vessels under the provisions of §28.76.

Switchboard means an electrical panel which receives power from a generator, battery, or other electrical power source and distributes power directly or indirectly to all equipment supplied by the power source.

Warm water means water where the monthly mean low water temperature is normally more than 59° F. (15° C.).

Watertight means designed and constructed to withstand a static head of water without any leakage, except that “watertight” for the purposes of electrical equipment means enclosed so that equipment does not leak when a stream of water from a hose with a nozzle one inch (25.4 millimeters) in diameter that delivers at least 65 gallons (246 liters) per minute is played on the enclosure from any direction from a distance of 10 feet (3 meters) for five minutes.

Weather deck means the uppermost deck exposed to the weather to which a weathertight sideshell extends.

Weathertight means that water will not penetrate into the unit in any sea condition.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 94–025, 60 FR 54444, Oct. 24, 1995; CGD 96–041, 61 FR 50726, Sept. 27, 1996; CGD 96–046, 61 FR 57272, Nov. 5, 1996; USCG-2001–9044, 68 FR 42602, July 18, 2003; USCG-2004–18884, 69 FR 58344, Sept. 30, 2004]

§ 28.60 Exemption letter.
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(a) Types of exemptions. (1) Specific exemption means an exemption for an individual commercial fishing industry vessel.

(2) Class exemption means an exemption for a class or fleet of commercial fishing industry vessels.

(b) Exemption procedure. A request for an exemption of either type must be in writing, have specific reasons for the request, and be sent to the Coast Guard District Office having jurisdiction over the waters where the vessel(s) will be operating. Coast Guard District geographical areas are described in 33 CFR part 3. The District Commander will review the request to determine that:

(1) Good cause exists for granting an exemption; and

(2) The safety of the vessel and those on board will not be adversely affected.

(c) The District Commander will either approve or deny the request in writing. In granting a request, the District Commander will specify the terms under which the exemption is granted and distribute the letter describing these terms to the party or parties requesting the exemption.

(d) Exemption letter. Exemption letters, or suitable copies, describing the terms under which the exemption is granted shall be maintained at all times on board each vessel to which any exemption applies.

(e) Right of appeal. Any person directly affected by a decision or action taken under this part may appeal in accordance with §1.03 of this chapter.

(f)Rescinding an exemption letter. Exemptions granted may be rescinded by the District Commander if it is subsequently determined that the safety of the vessel and those onboard is adversely affected.

[CDG 96–046, 62 FR 46675, Sept. 4, 1997]

§ 28.65 Termination of unsafe operations.
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(a) A Coast Guard Boarding Officer may direct the master or individual in charge of a vessel, with the concurrence of the District Commander, or staff authorized by the District Commander, to immediately take reasonable steps necessary for the safety of individuals on board the vessel if the Boarding Officer observes the vessel being operated in an unsafe manner and determines that an especially hazardous condition exists. This may include directing the master or individual in charge of the vessel to return the vessel to a mooring and remain there until the situation creating the especially hazardous condition is corrected or other specific action is taken.

(b) Hazardous conditions include, but are not limited to, operation with—

(1) An insufficient number of lifesaving equipment on board, to include serviceable Personal Flotation Devices (PFDs), serviceable immersion suits, or adequate survival craft capacity.

(2) An inoperable Emergency Position Indicating Radio Beacon (EPIRB) or radio communication equipment when required by regulation. There should be at least one operable means of communicating distress. When both are required, then at least one must be in operable condition to avoid termination of the voyage;

(3) Inadequate firefighting equipment on board;

(4) Excessive volatile fuel (gasoline or solvents) or volatile fuel vapors in bilges;

(5) Instability resulting from overloading, improper loading or lack of freeboard;

(6) Inoperable bilge system;

(7) Intoxication of the master or individual in charge of a commercial fishing vessel. An individual is intoxicated when he/she is operating a commercial fishing vessel and has an alcohol concentration of .04 percent, or the intoxicant's effect on the person's manner, disposition, speech, muscular movement, general appearance or behavior is apparent by observation;

(8) A lack of adequate operable navigation lights during periods of reduced visibility;

(9) Watertight closures missing or inoperable;

(10) Flooding or uncontrolled leakage in any space; or

(11) A missing or expired certificate of class, as required by 46 U.S.C. 4503(1), for a fish processing vessel.

(c) A Coast Guard Boarding Officer may direct the individual in charge of a fish processing vessel that is missing a Load Line Certificate, or that does not comply with the provisions of the Load Line Certificate issued by the American Bureau of Shipping or a similarly qualified organization, to return the vessel to a mooring and to remain there until the vessel obtains such a certificate.

[CGD 96–046, 61 FR 57273, Nov. 5, 1996, as amended at CGD 96–046, 62 FR 46676, Sept. 4, 1997; USCG-2004–18884, 69 FR 58344, Sept. 30, 2004]

§ 28.70 Approved equipment and material.
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(a) Equipment and material that is required by this subchapter to be approved or of an approved type, must have been manufactured and approved in accordance with the design and testing requirements in Subchapter Q of this chapter or as otherwise specified by the Commandant.

(b) A listing of current and formerly approved equipment and materials may be found on the internet at: http://cgmix.uscg.mil/equipment. Each OCMI may be contacted for information concerning approved equipment.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as amended by USCG-2004–18884, 69 FR 58344, Sept. 30, 2004]

§ 28.73 Accepted organizations.
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An organization desiring to be designated by the Commandant as an accepted organization must request such designation in writing. As a minimum the organization must verify that it is an organization—

(a) With a Code of Ethics;

(b) Whose surveyors are familiar with the requirements of this chapter related to commercial fishing industry vessels;

(c) Whose surveyors are familiar with the operations and equipment on board commercial fishing industry vessels;

(d) Whose only interest in the fishing industry is in ensuring the safety of commercial fishing industry vessels and surveying commercial fishing industry vessels;

(e) That has grievance procedures;

(f) That has procedures for accepting and terminating membership of an individual, including minimum professional qualifications for surveyors;

(g) That maintains a roster of present and past accepted members and surveyors; and

(h) That has an Apprentice/Associate program for surveyors.

§ 28.76 Similarly qualified organizations.
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An organization desiring to be designated by the Commandant as a similarly qualified organization must request such designation in writing. As a minimum the organization must verify that it—

(a) Publishes standards for vessel design and construction which are as widely available as and which are of similar content to the standards published by the ABS;

(b) Performs periodic surveys in a wide range of localities during and after construction to ensure compliance with published standards, including drydock examinations, in a manner similar to the ABS;

(c) Issues certificates testifying to compliance with the published standards;

(d) Has as its primary concern the survey and classification of vessels;

(e) Has no interest in owning or operating fishing, fish processing, or fish tender vessels; and

(f) Maintains records of surveys and makes such records available to the Coast Guard upon request in a manner similar to the ABS.

§ 28.80 Report of casualty.
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(a) Except for a casualty which is required to be reported to the Coast Guard on Form CG 2692 in accordance with part 4 of this chapter, the owner, agent, operator, master, or individual in charge of a vessel involved in a casualty must submit a report in accordance with paragraph (c) of this section, as soon as possible after the casualty, to the underwriter of primary insurance for the vessel or to an organization listed in paragraph (d) of this section whenever the casualty involves any of the following.

(1) Loss of life.

(2) An injury that requires professional medical treatment (treatment beyond first aid) and that renders the individual unfit to perform his or her routine duties.

(3) Loss of a vessel.

(4) Damage to or by a vessel, its cargo, apparel or gear, except for fishing gear while not on board a vessel, or that impairs the seaworthiness of the vessel, or that is initially estimated at $2,500.00 or more.

(b) Each underwriter of primary insurance for a commercial fishing industry vessel must submit a report of each casualty involving that vessel to an organization listed in paragraph (d) of this section within 90 days of receiving notice of the casualty and whenever it pays a claim resulting from the casualty. Initial reports must be in accordance with paragraph (c) of this section. Subsequent reports must contain sufficient information to identify the casualty and any new or corrected casualty data.

(c) Each report of casualty must include the following information:

(1) The name and address of the vessel owner and vessel operator, if different than the vessel owner;

(2) The name and address of the underwriter of primary insurance for the vessel;

(3) The name, registry number, call sign, gross tonnage, year of build, length, and hull material of the vessel;

(4) The date, location, primary cause, and nature of the casualty;

(5) The specific fishery, intended catch, and length of fishery opening when applicable;

(6) The date that the casualty was reported to the underwriter of primary insurance for the vessel, or to an organization acceptable to the Commandant;

(7) The activity of the vessel at the time of the casualty;

(8) The weather conditions at the time of the casualty, if the weather caused or contributed to the cause of the casualty;

(9) The damages to or by the vessel, its apparel, gear, or cargo;

(10) The monetary amounts paid for damages;

(11) The name, birth date, social security number, address, job title, length of disability, activity at the time of injury, type of injury, and medical treatment required for each individual incapacitated for more than 72 hours, or deceased as a result of the casualty;

(12) The name, registry number, and call sign of every other vessel involved in the casualty; and

(13) The monetary amount paid for an injury or a death.

(d) A casualty to a commercial fishing industry vessel must be reported to an organization that has knowledge and experience in the collection and processing of statistical insurance data and that has been accepted by the Commandant to receive and process casualty data under this part. The Commandant has accepted for this purpose:

(1) Marine Index Bureau, Inc., 67 Scotch Road, Ewing, NJ, 08628–2504.

(2) [Reserved]

Note: The Coast Guard intends to treat information collected under this section from underwriters of primary insurance as exempt from disclosure under the Freedom of Information Act because it is commercial and financial information which, if disclosed, would be likely to cause substantial harm to the competitive position of the underwriter.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 96–046, 61 FR 57273, Nov. 5, 1996]

§ 28.90 Report of injury.
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Each individual employed on a commercial fishing industry vessel must notify the master, individual in charge of the vessel, or other agent of the employer of each illness, disability, or injury suffered while in service to the vessel not later than seven days after the date on which the illness, disability, or injury arose.

§ 28.95 Right of appeal.
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Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with part 1, subpart 1.03 of this chapter.

Subpart B—Requirements for All Vessels
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§ 28.100 Applicability.
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Each commercial fishing industry vessel must meet the requirements of this subpart, in addition to the requirements of parts 24, 25, and 26 of this chapter.

§ 28.105 Lifesaving equipment—general requirements.
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(a) In addition to the requirements of this subpart, each commercial fishing industry vessel must comply with the requirements of part 25, subpart 25.25 of this chapter.

(b) Except as provided in §28.120(d), each item of lifesaving equipment carried on board a vessel to meet the requirements of this part must be approved by the Commandant. Equipment for personal use which is not required by this part need not be approved by the Commandant.

§ 28.110 Life preservers or other personal flotation devices.
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(a) Except as provided by §28.305 of this chapter, each vessel must be equipped with at least one immersion suit, exposure suit, or wearable personal flotation device of the proper size for each individual on board as specified in table 28.110 and part 25, subpart 25.25 of this chapter. Notwithstanding the provisions of paragraphs (c) and (d) of §25.25–1 of this chapter, each commercial fishing industry vessel propelled by sail or a manned barge employed in commercial fishing activities must meet the requirements of this paragraph.

(b) Each wearable personal flotation device must be stowed so that it is readily accessible to the individual for whom it is intended, from both the individual's normal work station and berthing area. If there is no location accessible to both the work station and the berthing area, an appropriate device must be stowed in both locations.


Table 28.110_Personal Flotation Devices and Immersion Suits
----------------------------------------------------------------------------------------------------------------
Applicable waters Vessel type Devices required Other regulations
----------------------------------------------------------------------------------------------------------------
Seaward of the Boundary Line and Documented Vessel...... Immersion suit or 28.135; 25.25-9(a);
North of 32°N or South of exposure suit. 25.25-13; 25.25-15.
32°S; and Lake Superior.
Coastal Waters on the West Coast of All vessels............ ......do............... Do.
the United States north of Point
Reyes, CA; Beyond Coastal Waters,
cold water; and Lake Superior.
All other waters (Includes all Great 40 feet (12.2 meters) Type I, Type V 28.135; 25.25-5(e);
Lakes except Lake Superior). or more in length. commercial hybrid, 25.25-5(f); 25.25-
immersion suit, or 9(a); 25.25-13; 25.25-
exposure suit.\1\ 15.
Less than 40 feet (12.2 Type I, Type II, Type Do.
meters) in length. III, Type V commercial
hybrid, immersion
suit, or exposure
suit.\1\
----------------------------------------------------------------------------------------------------------------
\1\ Certain Type V personal flotation devices are approved for substitution for Type I, II, or III personal
flotation devices when used in accordance with the conditions stated in the Coast Guard approval table.


[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 88–079b, 57 FR 34189, Aug. 3, 1992; CGD 95–012, 60 FR 48048, Sept. 18, 1995; USCG-2000–7790, 65 FR 58458, Sept. 29, 2000]

§ 28.115 Ring life buoys.
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(a) Except as provided in paragraph (b) of this section and §28.305, each vessel must be equipped with a throwable flotation device or a ring life buoy as specified in table 28.115. If the vessel is equipped with a ring life buoy, at least one ring life buoy must be equipped with a line which is at least:

(1) 60 feet (18.3 meters) in length for a vessel less than 65 feet (19.8 meters) in length; or

(2) 90 feet (27.4 meters) in length for a vessel 65 feet (19.8 meters) or more in length.

(b) For each vessel less than 65 feet (19.8 meters) in length, an approved 20 inch (0.51 meters) or larger ring life buoy which is in serviceable condition and which was installed on board before September 15, 1991, may be used to meet the requirements of paragraph (a) of this section.


Table 28.115_Throwable Flotation Devices
------------------------------------------------------------------------
Vessel length Devices required
------------------------------------------------------------------------
Less than 16 feet (4.9 meters)............ None.
16 feet (4.9 meters) or more, but less 1 buoyant cushion, or ring
than 26 feet (7.9 meters). life buoy (Type IV PFD).
26 feet (7.9 meters) or more, but less 1 ring life buoy approval
than 65 feet (19.8 meters). number starting with
160.009 or 160.050; orange;
at least 24 inch (0.61
meters) size.
65 feet (19.8 meters) or more............. 3 ring life buoys, approval
number 160.050; orange; at
least 24 inch (0.61 meters)
size.
------------------------------------------------------------------------


Note: Certain Type V PFDs are approved for use in substitution for Type IV PFDs, when used in accordance with the conditions stated in the Coast Guard approval label.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR 47679, Sept. 20, 1991; 56 FR 49822, Oct. 1, 1991; CGD 95–012, 60 FR 48048, Sept. 18, 1995]

§ 28.120 Survival craft.
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(a) Except as provided in paragraphs (b) through (h) of this section and 28.305, each vessel must carry the survival craft specified in Table 28.120(a), Table 28.120(b), or Table 28.120(c), as appropriate for the vessel, in an aggregate capacity to accommodate the total number of individuals on board.

(b) The requirements of this section do not apply to vessels less than 10.97 meters (36 feet) in length with 3 or fewer individuals on board which operate within 12 miles of the coastline.

(c) A buoyant apparatus may be substituted instead of the requirements in this section for vessels 10.97 meters (36 feet) or more in length with 3 or fewer individuals on board which operate within 12 miles of the coastline.

(d) Each survival craft installed on board a vessel before September 15, 1991, may continue to be used to meet the requirements of this section provided the survival craft is—

(1) Of the same type as required in Tables 28.120(a), 28.120(b), or 28.120(c), as appropriate for the vessel type; and

(2) Maintained in good and serviceable condition.

(e) Each inflatable liferaft installed on board a vessel before September 15, 1991, may continue to be used to meet the requirements for an approved inflatable liferaft, provided the existing liferaft is—

(1) Maintained in good and serviceable condition as required by Table 28.140; and

(2) Equipped with the equipment pack required by Tables 28.120(a), 28.120(b), or 28.120(c), as appropriate for the vessel type. Where no equipment pack is specified in Tables 28.120(a), 28.120(b), or 28.120(c), a coastal service pack is the minimum required.

(f) A lifeboat may be substituted for any survival craft required by this section, provided it is arranged and equipped in accordance with part 199 of this chapter.

(g) The capacity of an auxiliary craft carried on board a vessel that is integral to and necessary for normal fishing operations will satisfy the requirements of this section for survival craft, except for an inflatable liferaft, provided the craft is readily accessible during an emergency and is capable of safely holding all individuals on board the vessel. If the auxiliary craft is equipped with a Coast Guard required capacity plate, the boat must not be loaded so as to exceed the rated capacity.

(h) A vessel less than 10.97 meters (36 feet) in length that meets the flotation provisions of 33 CFR part 183 is exempt from the requirement for survival craft in paragraph (a) of this section for operation on—

(1) Any waters within 12 miles of the coastline.

(2) Rivers.


Table 28.120(a)_Survival Craft for Documented Vessels
------------------------------------------------------------------------
Survival craft
Area Vessel type required
------------------------------------------------------------------------
Beyond 50 miles of coastline.... All............... Inflatable
liferaft with
SOLAS A pack.
Between 20-50 miles of All............... Inflatable
coastline, cold waters. liferaft with
SOLAS B pack.
Between 20-50 miles of All............... Inflatable
coastline, warm waters. liferaft.
Beyond Boundary Line, between 12- All............... Inflatable
20 miles of coastline, cold liferaft.
waters.
Beyond Boundary Line, within 12 10.97 meters (36 Inflatable buoyant
miles of coastline, cold waters. feet) or more in apparatus. See
length. note 2.
Beyond Boundary Line, within 12 Less than 10.97 Buoyant apparatus.
miles of coastline, cold waters. meters (36 feet) See note 2.
in length.
Beyond Boundary Line, within 20 All............... Life float. See
miles of coastline, warm waters. note 2.
Inside Boundary Line, cold 10.97 meters (36 Inflatable buoyant
waters; or Lakes, bays, sounds, feet) or more in apparatus.
cold waters; or Rivers, cold length. See note 2.
waters.
Inside Boundary Line, cold Less than 10.97 Buoyant apparatus.
waters; or Lakes, bays, sounds, meters (36 feet) See note 2.
cold waters; or Rivers, cold in length.
waters.
Inside Boundary Line, warm All............... None.
waters; or Lakes, bays, sounds,
warm waters; or Rivers, warm
waters.
Great Lakes, cold waters........ 10.97 meters (36 Inflatable buoyant
feet) or more in apparatus.
length. See note 2.
Great Lakes, cold waters........ Less than 10.97 Buoyant apparatus.
meters (36 feet) See note 2.
in length.
Great Lakes, beyond 3 miles of All............... Buoyant apparatus.
coastline, warm waters. See note 2.
Great Lakes, within 3 miles of All............... None.
coastline, warm waters.
------------------------------------------------------------------------
Note: 1. The hierarchy of survival craft in descending order is
lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft
with SOLAS B pack, inflatable liferaft with coastal service pack,
inflatable buoyant apparatus, life float, buoyant apparatus. A
survival craft higher in the hierarchy may be substituted for any
survival craft required in this table.
2. If a vessel carriers 3 or fewer individuals within 12 miles of the
coastline, see § 28.120 (b) and (c) for carriage substitution.




Table 28.120(b)_Survival Craft for Undocumented Vessels With Not More
Than 16 Individuals on Board
------------------------------------------------------------------------
Survival craft
Area Vessel type required
------------------------------------------------------------------------
Beyond 20 miles of coastline.... All............... Inflatable buoyant
apparatus.
Beyond Boundary Line, between 12- All............... Inflatable buoyant
20 miles of coastline, cold apparatus.
waters.
Beyond Boundary Line, within 12 10.97 meters (36 Buoyant apparatus.
miles of coastline, cold waters. feet) or more in
length.
Beyond Boundary Line, within 12 Less than 10.97 Buoyant apparatus.
miles of coastline, cold waters. meters (36 feet) See note 2.
in length.
Beyond Boundary Line, within 20 All............... Life float. See
miles of coastline, warm waters. note 2.
Inside Boundary Line, cold 10.97 meters (36 Buoyant apparatus.
waters; or Lakes, bays, sounds, feet) or more in
cold waters; or rivers, cold length.
water.
Inside Boundary Line, cold Less than 10.97 Buoyant apparatus
waters; or Lakes, bays, sounds, meters (36 feet) See note 2.
cold waters; or Rivers, cold in length.
water.
Inside Boundary Line, warm All............... None.
waters; or Lakes, bays, sounds,
warm waters; or Rivers, warm
waters.
Great Lakes, cold waters........ All............... Buoyant apparatus.
See note 2.
Great Lakes, beyond 3 miles of All............... Buoyant apparatus.
coastline warm waters. See note 2.
Great Lakes, within 3 miles of All............... None.
coastline warm waters.
------------------------------------------------------------------------
Note: 1. The hierarchy of survival craft in descending order is
lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft
with SOLAS B pack, inflatable liferaft with coastal service pack,
inflatable buoyant apparatus, life float, buoyant apparatus. A
survival craft higher in the hierarchy may be substituted for any
survival craft required in this table.
2. If a vessel carries 3 or fewer individuals within 12 miles of the
coastline, see § 28.120 (b) and (c) for carriage substitution.




Table 28.120(c)_Survival Craft for Undocumented Vessels With More Than
16 Individuals on Board
------------------------------------------------------------------------
Survival craft
Area Vessel type required
------------------------------------------------------------------------
Beyond 50 miles of coastline.... All............... Inflatable
liferaft with
SOLAS A pack.
Between 20-50 miles of All............... Inflatable
coastline, cold waters. liferaft with
SOLAS B pack.
Between 20-50 miles of All............... Inflatable
coastline, warm waters. liferaft.
Beyond Boundary Line, between 12- All............... Inflatable
20 miles of coastline, cold liferaft.
waters.
Beyond Boundary Line, within 12 10.97 meters (36 Inflatable bouyant
miles of coastline, cold waters. feet) or more in apparatus.
length.
Beyond Boundary Line, within 12 Less than 10.97 Buoyant apparatus.
miles of coastline, cold waters. meters (36 feet)
in length.
Beyond Boundary Line, within 20 All............... Life float.
miles of coastline, warm waters.
Inside Boundary Line, cold 10.97 meters (36 Inflatable buoyant
waters; or Lakes, bays, sounds, feet) or more in apparatus.
cold waters; or Rivers, cold length.
waters.
Inside Boundary Line, cold Less than 10.97 Buoyant apparatus.
waters; or Lakes, bays, sounds, meters (36 feet)
cold waters; or Rivers, cold in length.
waters.
Inside Boundary Line, warm All............... None.
waters; or Lakes, bays, sounds,
warm waters; or Rivers, warm
waters.
Great Lakes, cold waters........ 10.97 meters (36 Inflatable buoyant
feet) or more in apparatus.
length.
Great Lakes, cold waters........ Less than 10.97 Buoyant apparatus.
meters (36 feet)
in length.
Great Lakes, beyond 3 miles of All............... Buoyant apparatus.
coastline warm waters.
Great Lakes, within 3 miles of All............... None.
coastline warm waters.
------------------------------------------------------------------------
Note: 1. The hierarchy of survival craft in descending order is
lifeboat, liferaft with SOLAS A pack, Inflatable liferaft with SOLAS A
pack, liferaft with SOLAS B pack, Inflatable liferaft with SOLAS B
pack, Inflatable liferaft with coastal service pack, inflatable
buoyant apparatus, life float, buoyant apparatus. A survival craft
higher in the hierarchy may be substituted for any survival craft
required in this table.


[CGD 96–046, 61 FR 57273, Nov. 5, 1996; CGD 96–046, 61 FR 68162, Dec. 27, 1996, as amended by CGD 96–046, 62 FR 46676, Sept. 4, 1997; USCG-2002–13058, 67 FR 61278, Sept. 30, 2002]

§ 28.125 Stowage of survival craft.
top
(a) Each inflatable liferaft required to be equipped with a SOLAS A or a SOLAS B equipment pack must be stowed so as to float free and automatically inflate in the event the vessel sinks.

(b) Each inflatable liferaft, inflatable buoyant apparatus, and any auxiliary craft used in their place, must be kept readily accessible for launching or be stowed so as to float free in the event the vessel sinks.

(c) Each hydrostatic release unit used in a float-free arrangement must be approved under part 160, subpart 160.062 of this chapter.

(d) Each float-free link used with a buoyant apparatus or with a life float must be certified to meet part 160, subpart 160.073 of this chapter.

§ 28.130 Survival craft equipment.
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(a) General. Each item of survival craft equipment must be of good quality, effective for the purpose it is intended to serve, and secured to the craft.

(b) Inflatable liferafts. Each inflatable liferaft must have one of the following equipment packs as shown by the markings on its container:

(1) Coastal Service;

(2) SOLAS B Pack (formerly “Limited Service”); or

(3) SOLAS A Pack (formerly “Ocean Service”).

(c) Each life float and buoyant apparatus must be fitted with a lifeline, pendants, a painter, and a floating electric water light approved under part 161 subpart 161.010 of this chapter.

(d) Other survival craft. A vessel must not carry survival craft other than inflatable liferafts, life floats, inflatable buoyant apparatus, or buoyant apparatus, such as lifeboats or rigid liferafts, unless the survival craft and launching equipment comply with the requirements for installation, arrangement, equipment, and maintenance contained in 46 CFR part 199.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 84–069, 63 FR 52813, Oct. 1, 1998]

§ 28.135 Lifesaving equipment markings.
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(a) Except as provided in paragraph (d) of this section, lifesaving equipment carried aboard a vessel pursuant to the requirements of this subpart or part 25, subpart 25.25 of this chapter must be marked as specified in table 28.135.

(b) Lettering used in lifesaving equipment markings must be in block capital letters.

(c) Retroreflective markings required by this section must be with material approved under part 164, subpart 164.018 of this chapter. The arrangement of the retroreflective material must meet IMO Resolution A.658(16).

(d) A wearable personal flotation device must be marked with the name of either the vessel, the owner of the device, or the individual to whom it is assigned.


Table 28.135_Lifesaving Equipment Markings
------------------------------------------------------------------------
Markings Required
---------------------------------------
Item Retroflective
Name of vessel material
------------------------------------------------------------------------
Wearable personal flotation See § Type I or Type II.
device (Type I, II, III, or 28.135(d).
wearable Type V); Immersion
suit or exposure suit.
Ring life buoy.................. X................. Type II.
Inflatable liferaft............. See note.......... See note.
Inflatable buoyant apparatus.... See note.......... See note.
Life float...................... X................. Type II.
Buoyant apparatus............... X................. Type II.
Auxiliary craft................. X................. Type II.
EPIRB........................... X................. Type II.
------------------------------------------------------------------------


Note: No marking other than that provided by the manufacturer and the servicing facility is required.

[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991, as amended by CGD 95–012, 60 FR 48048, Sept. 18, 1995]

§ 28.140 Operational readiness, maintenance, and inspection of lifesaving equipment.
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(a) The master or individual in charge of a vessel must ensure that each item of lifesaving equipment must be in good working order, ready for immediate use, and readily accessible before the vessel leaves port and at all times when the vessel is operated.

(b) Each item of lifesaving equipment, including unapproved equipment, must be maintained and inspected in accordance with: (continued)