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National
United States Regulations
46 CFR PART 169—SAILING SCHOOL VESSELS

Title 46: Shipping


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PART 169—SAILING SCHOOL VESSELS




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Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; Pub. L. 103–206, 107 Stat. 2439; E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 Comp., p. 793; Department of Homeland Security Delegation No. 0170.1; §169.117 also issued under the authority of 44 U.S.C. 3507.

Source: CGD 83–005, 51 FR 896, Jan. 9, 1986, unless otherwise noted.

Subpart 169.100—General Provisions
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§ 169.101 Purpose.
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The regulations in this part set forth uniform requirements which are suited to the particular characteristics and specialized operations of sailing school vessels as defined in Title 46, United States Code section 2101(30).

§ 169.103 Applicability.
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(a) This subchapter applies to each domestic vessel operating as a sailing school vessel.

(b) This subchapter does not apply to—

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

(2) Any vessel while laid up, dismantled, and out of service;

(3) Any vessel with title vested in the United States and which is used for public purposes except vessels of the U.S. Maritime Administration;

(4) Any vessel carrying one or more passengers;

(5) Any vessel operating under the authority of a current valid certificate of inspection issued per the requirements of 46 CFR chapter I, subchapter H or T, 46 CFR parts 70 through 78 and parts 175 through 187, respectively; or

(6) Any foreign vessel.

(c) A vessel which engages in trade or commerce or carries one or more passengers, cannot operate under a certificate of inspection as a sailing school vessel, but must meet the rules and regulations governing the service in which it is engaged.

CGD 83–005, 51 FR 896, Jan. 9, 1986, as amended by USCG–1999–5040, 67 FR 34799, May 15, 2002]

§ 169.107 Definitions.
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Anniversary date means the day and the month of each year, which corresponds to the date of expiration of the Certificate of Inspection.

Approved means accepted by the Commandant unless otherwise stated.

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

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

Demise charter means a legally binding document for a term of one year or more under which for the period of the charter, the party who leases or charters the vessel, known as the demise or bareboat charterer, assumes legal responsibility for all of the incidents of ownership, including insuring, manning, supplying, repairing, fueling, maintaining and operating the vessel. The term demise or bareboat charterer is synonymous with “owner pro hac vice”.

Existing vessel means a sailing school vessel, whose keel was laid prior to (January 9, 1986), which applies for certification as a sailing school vessel prior to (January 9, 1987), and whose initial inspection for certification is completed prior to (January 9, 1988).

Exposed Waters means waters more than 37 kilometers (20 nautical miles) from the mouth of a harbor of safe refuge, or other waters the Officer in Charge, Marine Inspection determines to present special hazards due to weather or other circumstances.

Headquarters means the Office of the Commandant, United States Coast Guard, Washington, DC 20593.

Instructor means any person who is aboard a sailing school vessel for the purpose of providing sailing instruction and is not an officer, operator, or member of the crew required by regulation to be aboard the vessel, and has not paid any consideration, either directly or indirectly for his or her carriage on the vessel.

Length means the mean length. It is the mean or average between length on deck (LOD) and length between perpendiculars (LBP). Length on deck (LOD) means the length between the forward-most and after-most points on the weather deck, excluding sheer. Length between perpendiculars (LBP) means the horizontal distance between the perpendiculars taken at the forward-most and after-most points on a vessel's waterline corresponding to the deepest operating draft.

Marine Inspector means any person from the civilian or military branch of the Coast Guard assigned by the Officer in Charge, Marine Inspection or any other person designated by the Coast Guard to perform duties with respect to the inspection, enforcement, and administration of vessel safety and navigation laws and regulations.

Master means the senior licensed individual having command of the vessel.

New vessel means a sailing school vessel which is not an existing vessel.

Officer In Charge, Marine Inspection (OCMI) means any person from the civilian or military branch of the Coast Guard designated as such by the Commandant and who, under the direction of the Coast Guard District Commander, is in charge of the inspection zone in which the vessel is located for the performance of duties with respect to the inspections, enforcement, and administration of vessel safety and navigation laws and regulations.

Partially Protected Waters means—

(1) Waters within 37 kilometers (20 nautical miles) of a harbor of safe refuge, unless determined by the OCMI to be exposed waters; and

(2) Those portions of rivers, harbors, lakes, etc. which the OCMI determines not to be sheltered.

Passenger on a sailing school vessel means an individual carried on the vessel except—

(1) The owner or an individual representative of the owner or, in the case of a vessel under charter, an individual charterer or individual representative of the charterer;

(2) The master;

(3) A member of the crew engaged in the business of the vessel, who has not contributed consideration for carriage, and who is paid for onboard services;

(4) An employee of the owner of the vessel engaged in the business of the owner, except when the vessel is operating under a demise charter;

(5) An employee of the demise charterer of the vessel engaged in the business of the demise charterer; or

(6) A sailing school instructor or sailing school student.

Protected Waters means sheltered waters presenting no special hazards such as most rivers, harbors, lakes, etc.

Qualified Organization means an educational organization, State, or political subdivision of a State that owns or demise charters, and operates a sailing school vessel for the purpose of providing sailing instruction. The educational organization must satisfy the requirements of section 501(c)(3) of the Internal Revenue Code of 1954 and must be exempt from tax under section 501(a) of such Code, as now or hereafter amended.

Recognized Classification Society means the American Bureau of Shipping or other classification society recognized by the Commandant.

Rules of the Road means the statutory and regulatory rules governing navigation of vessels.

Sailing instruction means teaching, research, and practical experience in operating vessels propelled primarily by sail, and may include any subject related to that operation and the sea, including seamanship, navigation, oceanography, other nautical and marine sciences, and maritime history and literature. In conjunction with any of those subjects, “sailing instruction” also includes instruction in mathematics and language arts skills to a sailing school student with a learning disability.

Sailing School Student means any person who is aboard a sailing school vessel for the purpose of receiving sailing instruction.

Sailing School Vessel means a vessel of less than 500 gross tons, carrying six or more individuals who are sailing school students or sailing school instructors, principally equipped for propulsion by sail even if the vessel has an auxiliary means of propulsion, and owned or demise chartered and operated by a qualified organization during such times as the vessel is operated exclusively for the purposes of sailing instruction.

Ship's Company means the officers and crew of a sailing school vessel, sailing school students, and sailing school instructors.

Watertight means designed and constructed to withstand a static head of water without any leakage, except that watertight equipment means enclosed equipment constructed so that a stream of water from a hose (not less than 1 inch in diameter) under head of about 35 feet from a distance of about 10 feet, and for a period of 5 minutes, can be played on the apparatus without leakage.

Weathertight means that water will not penetrate into the unit in any sea condition, except that weathertight equipment means equipment constructed or protected so that exposure to a beating rain will not result in the entrance of water.

[CGD 83–005, 51 FR 897, Jan. 9, 1986; 51 FR 3785, Jan. 30, 1986, as amended by USCG–1999–4976, 65 FR 6507, Feb. 9, 2000; USCG–1999–5040, 67 FR 34799, May 15, 2002]

§ 169.109 Equivalents.
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Substitutes for a fitting, appliance, apparatus, or equipment, may be accepted by the Commandant if the substituted item is as effective and consistent with the requirements and minimum safety standards specified in this subchapter.

§ 169.111 Administrative procedures.
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(a) Upon receipt of a written application for inspection, the Officer in Charge, Marine Inspection assigns a marine inspector to inspect the vessel at a mutually agreed upon time and place.

(b) The owner or a representative shall be present during the inspection.

(c) If during the inspection, the vessel or its equipment is found not to conform to the requirements of law or the regulations in this subchapter, the marine inspector lists all requirements which have not been met and presents the list to the owner or a representative.

(d) In any case where the owner of a vessel or his representative desires further clarification of, or reconsideration of any requirement placed against his vessel, he may discuss the matter with the Officer in Charge, Marine Inspection.

§ 169.112 Special consideration.
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In applying the provisions of this part, the Officer in Charge, Marine Inspection, may give special consideration to departures from the specific requirements when special circumstances or arrangements warrant such departures and an equivalent level of safety is provided.

§ 169.113 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 subpart 1.03 of this chapter.

[CGD 88–033, 54 FR 50381, Dec. 6, 1989]

§ 169.115 Incorporation by reference.
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(a) In this subchapter portions or the entire text of certain industrial standards and specifications are referred to as the governing requirements for materials, equipment, tests, or procedures to be followed. These standards and specification requirements specifically referred to in this subchapter are the governing requirements for the subject matters covered unless specifically limited, modified, or replaced by other regulations in this subchapter.

(b) These materials are incorporated by reference into this part with the approval of the Director of the Federal Register. The Office of the Federal Register publishes a table, “Material Approved for Incorporation by Reference,” which appears in the Finding Aids section of this volume. In that table is found citations to the particular sections of this part where the material is incorporated with the approval by the Director of the Federal Register. To enforce any edition other than the one listed in paragraph (c) of this section, notice of change must be published in the Federal Register and the material must be made available. All approved material is on file at the Office of the Federal Register, Washington, DC 20408 and at the U.S. Coast Guard, Office of Design and Engineering Standards, Washington DC 20593.

(c) The materials approved for incorporation by reference in this part are:

(1) American Boat and Yacht Council (ABYC), 3069 Solomons Island Road, Edgewater, MD 21037

P–1–73—“Safe Installation of Exhaust Systems for Propulsion and Auxiliary Engines” (1973)

H–24.9 (g) and (h)—“Fuel Strainers and Fuel Filters” (1975)

H–2.5—“Ventilation of Boats Using Gasoline—Design and Construction” (1981)

A–1–78—“Marine LPG—Liquefied Petroleum Gas Systems”

A–3–70—“Recommended Practices and Standards Covering Galley Stoves”

A–22–78—“Marine CNG—Compressed Natural Gas Systems”

(2) National Bureau of Standards, c/o Superintendent of Documents, U.S. Government Printing Office, Washington D.C. 20402

Special Pub. 440 (SD Cat. No. C13.10:490), “Color: Universal Language and Dictionary of Names”, 1976

(3) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02269

302—“Pleasure and Commercial Motor Craft,” Chapter 6 (1980)

306—“Control of Gas Hazards on Vessels” (1980)

70—“National Electrical Code,” Article 310–8 and Table 310–13 (1980)

(4) Naval Publications and Forms Center, Customer Service Code 1052, 5801 Tabor Ave., Philadelphia, PA 19120

Federal Specification ZZ-H-451 “Hose, Fire, Woven-Jacketed Rubber or Cambric-Lined, with Couplings, F.”

(5) Underwriters Laboratories, Inc. (UL), 12 Laboratory Drive, Research Triangle Park, NC 27709–3995

UL 19–78—“Woven Jacketed, Rubber Lined Fire Hose”

[CGD 83–005, 51 FR 896, Jan. 9, 1986, as amended by CGD 95–072, 60 FR 50468, Sept. 29, 1995; CGD 96–041, 61 FR 50734, Sept. 27, 1996; USCG–1999–6216, 64 FR 53228, Oct. 1, 1999]

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

(b) Display.



------------------------------------------------------------------------
46 CFR part_ OMB control No.
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§ 169.111............................... 1625-0002
§ 169.201............................... 1625-0002
§ 169.205............................... 1625-0002, 1625-0014,
1625-0018, 1625-0032, and
1625-0038
§ 169.211............................... 1625-0002
§ 169.213............................... 1625-0002
§ 169.215............................... 1625-0002
§ 169.217............................... 1625-0002
§ 169.218............................... 1625-0002, 1625-0014,
1625-0018, 1625-0032, and
1625-0038
§ 169.219............................... 1625-0002, 1625-0014,
1625-0018, 1625-0032, and
1625-0038
§ 169.233............................... 1625-0032
§ 169.235............................... 1625-0002
§ 169.305............................... 1625-0038, 1625-0064
§ 169.509............................... 1625-0035, 1625-0038
§ 169.807............................... 1625-0001
§ 169.813............................... 1625-0002, 1625-0014,
1625-0018, 1625-0032, and
1625-0038
§ 169.840............................... 1625-0064
§ 169.841............................... 1625-0002, 1625-0014,
1625-0018, 1625-0032, and
1625-0038
§ 169.857............................... 1625-0002, 1625-0014,
1625-0018, 1625-0032, and
1625-0038.
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[CGD 83–005, 51 FR 896, Jan. 9, 1986, as amended by CGD 88–072, 53 FR 34298, Sept. 6, 1988; CGD 89–037, 57 FR 41824, Sept. 11, 1992; USCG–2004–18884, 69 FR 58350, Sept. 30, 2004]

§ 169.119 Vessel status.
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For the purpose of 46 U.S.C. 11101, 46 App. U.S.C. 291 and 46 App. U.S.C. 883 a sailing school vessel is not deemed a merchant vessel or a vessel engaged in trade or commerce.

§ 169.121 Loadlines.
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Sailing school vessels must meet the applicable loadline regulations contained in Subchapter E (Load Lines) of this chapter.

Subpart 169.200—Inspection and Certification
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Certificate of Inspection
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§ 169.201 When required.
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(a) No sailing school vessel shall be operated without a valid Certificate of Inspection, Form CG–3753.

(b) Except as noted in this subpart, each sailing school vessel inspected and certificated under the provisions of this subchapter must, during the tenure of the certificate, be in full compliance with the terms of the certificate when carrying six or more individuals who are sailing school students or sailing school instructors.

(c) If necessary to prevent delay of the vessel, a temporary Certificate of Inspection, Form CG–854, is issued pending the issuance and delivery of the regular Certificate of Inspection, Form CG–3753. The temporary certificate is carried in the same manner as the regular certificate and is considered the same as the regular certificate of inspection which it represents.

§ 169.203 Description.
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The certificate of inspection issued to a vessel describes the vessel, the route which it may travel, the minimum manning requirements, the major lifesaving equipment carried, the minimum fire extinguishing equipment and life preservers required to be carried, the maximum number of sailing school students and instructors and the maximum number of persons which may be carried, the name of the owner and operator, and such conditions of operations as may be determined by the Officer in Charge, Marine Inspection.

§ 169.205 Obtaining or renewing a Certificate of Inspection.
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(a) A qualified organization attempting to obtain or renew a certificate of inspection for a vessel must submit to the Coast Guard Officer in Charge, Marine Inspection located in or nearest the port at which the inspection is to be made, the following—

(1) An application for inspection on Form CG–3752; and

(2) Evidence that the vessel has been designated as a sailing school vessel or an application for designation, as set forth in §169.218; and

(3) Information concerning the program's age and physical qualifications for students and instructors and the ratio of students to instructors.

(b) The application for initial inspection of a vessel being newly constructed or converted must be submitted prior to the start of such construction or conversion.

(c) The construction, arrangement and equipment of all vessels must be acceptable to the cognizant Officer in Charge, Marine Inspection, as a prerequisite of the issuance of the initial certificate of inspection. Acceptance will be based on the information, specifications, drawings and calculations available to the Officer in Charge, Marine Inspection, and on the successful completion of an initial inspection for certification.

(d) You must submit a written application for an inspection for certification to the cognizant Officer in Charge, Marine Inspection. To renew a Certificate of Inspection, you must submit an application at least 30 days before the expiration of the vessel's current certificate. Applications are available at any U.S. Coast Guard Marine Safety Office or Marine Inspection Office. When renewing a Certificate of Inspection, you must schedule an inspection for certification within the 3 months before the expiration date of the current Certificate of Inspection.

(e) The condition of the vessel and its equipment must be acceptable to the cognizant Officer in Charge, Marine Inspection, as a prerequisite of the certificate of inspection renewal. Acceptance will be based on the condition of the vessel as found at the inspection for certification.

[CGD 83–005, 51 FR 896, Jan. 9, 1986, as amended by USCG–1999–4976, 65 FR 6507, Feb. 9, 2000]

§ 169.207 Period of validity for a Certificate of Inspection.
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(a) A Certificate of Inspection is valid for 5 years.

(b) Certificates of inspection may be revoked, or suspended and withdrawn by the Officer in Charge, Marine Inspection, at any time for noncompliance with the provisions of this subchapter or requirements established thereunder.

[CGD 83–005, 51 FR 896, Jan. 9, 1986, as amended by USCG–1999–4976, 65 FR 6507, Feb. 9, 2000]

§ 169.209 Routes permitted.
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(a) The area of operation for each vessel is designated by the Officer in Charge, Marine Inspection and recorded on its Certificate of Inspection. Each area of operation is described on the Certificate of Inspection under the major headings “exposed waters,” “partially protected waters,” or “protected waters,” as applicable. Further limitations imposed or extensions granted are described by reference to bodies of waters, geographical points, distance from geographical points, distances from land, depths of channel, seasonal limitations, etc.

(b) Operation of vessels on routes of lesser severity than those specifically described or designated on the Certificate of Inspection are permitted, unless expressly prohibited on the Certificate of Inspection. The general order of severity is: exposed, partially protected, and protected waters.

§ 169.211 Permit to proceed for repair.
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(a) The Officer in Charge, Marine Inspection, may issue a permit to proceed to another port for repair, Form CG–948, to a vessel if in his judgment it can be done with safety even if the Certificate of Inspection of the vessel has expired or is about to expire.

(b) The permit is issued only upon the written application of the master, owner, or agent of the vessel.

(c) The permit states upon its face the conditions under which it is issued and that guests may not be carried when operating under the permit. The permit must be carried in a manner similar to that described in §169.217(a) for a certificate of inspection.

§ 169.213 Permit to carry excursion party.
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(a) A vessel may be permitted to engage in a temporary excursion operation with a greater number of persons and/or on a more extended route than permitted by its certificate of inspection when in the opinion of the Officer in Charge, Marine Inspection, the operation can be undertaken with safety. A “Permit To Carry Excursion Party” Form CG–949, is a prerequisite of such an operation.

(b) Any Officer in Charge, Marine Inspection, having jurisdiction may issue a permit to carry an excursion party upon the written application of the operator, owner or agent of the vessel.

(c) The OCMI will reevaluate the vessel's sailing instruction program to ensure that the permit fits within the scope of the training program and that the vessel continues to meet the definition of a sailing school vessel.

(d) The OCMI may require an inspection prior to the issuance of a permit to carry an excursion party.

(e) The permit states upon its face the conditions under which it is issued, a reminder about the prohibition against carrying passengers, the number of persons the vessel may carry, the crew required, and additional lifesaving or safety equipment required, the route for which the permit is granted, and the dates on which the permit is valid.

(f) The permit must be carried with the certificate of inspection. Any vessel operating under a permit to carry an excursion party must be in full compliance with the terms of its certificate of inspection as supplemented by the permit.

§ 169.215 Certificate of inspection amendment.
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(a) An amended certificate of inspection may be issued at any time by any Officer in Charge, Marine Inspection. The amended certificate of inspection replaces the original. An amended certificate of inspection may be issued to authorize and record a change in the character of a vessel or in its route, equipment, ownership, operator, etc., from that specified in the current certificate of inspection.

(b) A request for an amended certificate of inspection must be made to the Officer in Charge, Marine Inspection, by the master, operator, owner, or agent of the vessel at any time there is a change in the character of a vessel or in its route, equipment, ownership, operation etc., as specified in its current certificate of inspection.

(c) The OCMI may require an inspection prior to the issuance of an amended certificate of inspection.

§ 169.217 Posting.
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The certificate of inspection must be framed under glass or other suitable transparent material and posted in a conspicuous place on the vessel except on open boats where the certificate may be retained in a watertight container, which is secured to the vessel.

Letter of Designation
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§ 169.218 Procedures for designating sailing school vessels.
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(a) Upon written request by a qualified institution, a determination is made by the OCMI whether the vessel may be designated as a sailing school vessel.

(b) The request should contain sufficient information to allow the OCMI to make this determination. At a minimum the following items must be submitted:

(1) A detailed description of the vessel, including its identification number, owner, and charterer.

(2) A specific operating plan stating precisely the intended use of the vessel and the intended course of instruction for sailing school students.

(3) A copy of the Internal Revenue Service designation as a non-profit, tax-exempt, organization under sections 501(a) and 501(c)(3) of the Internal Revenue Code.

(4) An affidavit certifying that the owner or charterer has financial resources to meet any liability incurred for death or injury to sailing school students or sailing school instructors on voyages aboard the vessel, in an amount not less than $50,000 for each student and instructor.

(5) Any additional information as requested by the Officer in Charge, Marine Inspection.

(c) If a designation is granted it is indicated on the certificate of inspection and remains valid for the duration of the certificate, provided all operating conditions remain unchanged.

(d) In the event of a change, the institution must advise the OCMI who issued the designation. After reviewing the pertinent information concerning the change, the OCMI shall determine if the vessel is eligible to retain its designation as a sailing school vessel.

§ 169.219 Renewal of letter of designation.
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At least 60 days prior to the expiration date of the certificate of inspection, a request for renewal must be submitted in the same manner as described in §169.218. If the request for renewal is submitted to the OCMI who made the initial determination and all operating conditions remain unchanged, the information need not be resubmitted.

Inspection for Certification
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§ 169.220 General.
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(a) An inspection is required before the issuance of a certificate of inspection.

(b) An inspection for certification is not made until after receipt of the information required in §169.205(a) of this subchapter.

§ 169.221 Initial inspection for certification.
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(a) The initial inspection includes an inspection of the hull structure, yards, masts, spars, rigging, sails, machinery, and equipment, including unfired pressure vessels.

(b) The initial inspection of a vessel being newly constructed or converted normally consists of a series of inspections during the construction or conversion.

(c) The inspection ensures that the vessel and its equipment comply with the regulations in this subchapter to the extent they are applicable to the vessel being inspected, and are in accordance with approved plans. The inspection also ensures that the materials, workmanship and condition of all parts of the vessel and its machinery and equipment are in all respects satisfactory for the service intended, and that the vessel is in possession of a valid certificate issued by the Federal Communications Commission, if required.

(d) Before construction is started, the owner, operator, or builder must develop plans indicating the proposed arrangement and construction of the vessel. This list of plans to be developed and the required disposition of these plans are set forth in §169.305.

§ 169.222 Scope of inspection for certification.
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Items normally included in an Inspection for Certification are:

(a) Structure.

(b) Watertight integrity.

(c) Pressure vessels and appurtenances.

(d) Piping.

(e) Auxiliary machinery.

(f) Steering apparatus.

(g) Electrical installations.

(h) Lifesaving appliances.

(i) Navigation equipment.

(j) Fire detecting and extinguishing systems.

(k) Pollution prevention equipment.

(l) Sanitary conditions.

(m) Fire hazards.

(n) Verification of valid certificates issued by the Federal Communications Commission.

(o) Lights and signals required by navigation rules.

(p) Bilge and ballast systems.

(q) Rigging, yards, masts, spars, and sails.

§ 169.223 Subsequent inspections for certification.
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An inspection for renewal of a certificate of inspection includes an inspection of the structure, machinery, yards, spars, masts, rigging, sails, and equipment. The inspection ensures that the vessel is in satisfactory condition, fit for the service intended and complies with the applicable regulations in this subchapter.

Reinspection
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§ 169.225 Annual inspection.
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(a) Your vessel must undergo an annual inspection within 3 months before or after each anniversary date, except as specified in §169.226.

(b) You must contact the cognizant Officer in Charge, Marine Inspection to schedule an inspection at a time and place which he or she approves. No written application is required.

(c) The scope of the annual inspection is the same as the inspection for certification as specified in §169.222 but in less detail unless the cognizant marine inspector finds deficiencies or determines that a major change has occurred since the last inspection. If deficiencies are found or a major change to the vessel has occurred, the marine inspector will conduct an inspection more detailed in scope to ensure that the vessel is in satisfactory condition and fit for the service for which it is intended. If your vessel passes the annual inspection, the marine inspector will endorse your current Certificate of Inspection.

(d) If the annual inspection reveals deficiencies in your vessel's maintenance, you must make any or all repairs or improvements within the time period specified by the Officer in Charge, Marine Inspection.

(e) Nothing in this subpart limits the marine inspector from conducting such tests or inspections he or she deems necessary to be assured of the vessel's seaworthiness.

[USCG–1999–4976, 65 FR 6507, Feb. 9, 2000]

§ 169.226 Periodic inspection.
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(a) Your vessel must undergo a periodic inspection within 3 months before or after the second or third anniversary of the date of your vessel's Certificate of Inspection. This periodic inspection will take the place of an annual inspection.

(b) You must contact the cognizant Officer in Charge, Marine Inspection to schedule an inspection at a time and place which he or she approves. No written application is required.

(c) The scope of the periodic inspection is the same as that for the inspection for certification, as specified in §169.222. The Officer in Charge, Marine Inspection will insure that the vessel is in satisfactory condition and fit for the service for which it is intended. If your vessel passes the periodic inspection, the marine inspector will endorse your current Certificate of Inspection.

(d) If the periodic inspection reveals deficiencies in your vessel's maintenance, you must make any or all repairs or improvements within the time period specified by the Officer in Charge, Marine Inspection.

(e) Nothing in this subpart limits the marine inspector from conducting such tests or inspections he or she deems necessary to be assured of the vessel's seaworthiness.

[USCG–1999–4976, 65 FR 6507, Feb. 9, 2000]

§ 169.227 Certificate of Inspection: Conditions of validity.
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To maintain a valid Certificate of Inspection, you must complete your annual and periodic inspections within the periods specified in §§169.225 and 169.226 respectively and your Certificate of Inspection must be endorsed.

[USCG–1999–4976, 65 FR 6507, Feb. 9, 2000]

Drydocking or Hauling Out
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§ 169.229 Drydock examination, internal structural examination, and underwater survey intervals.
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(a) Except as provided for in paragraphs (b) through (e) of this section, each vessel must undergo drydock and internal structural examinations as follows:

(1) If your vessel operates in saltwater, it must undergo two drydock examinations and two internal structural examinations within any 5-year period unless it has been approved to undergo an underwater survey (UWILD) under §169.230 of this part. No more than 3 years may elapse between any two examinations.

(2) If your vessel operated in fresh water at least 50 percent of the time since your last drydocking, it must undergo a dry dock and internal structural examination at intervals not to exceed 5 years unless it has been approved to undergo an underwater survey (UWILD) under §169.230 of this part.

(b) Vessels with wooden hulls must undergo two drydock and two internal structural examinations within any five year period regardless of the type of water in which they operate. No more than three years may elapse between any two examinations.

(c) If, during an internal structural examination damage or deterioration to the hull plating or structural members is discovered, the Officer in Charge, Marine Inspection, may require the vessel to be drydocked or otherwise taken out of service to further assess the extent of the damage and to effect permanent repairs.

(d) Each vessel which has not met with the applicable examination schedules in paragraphs (a) through (c) of this section because it is on a voyage, must undergo the required examinations upon completion of the voyage.

(e) The Commandant (G-MOC) may authorize extensions to the examination intervals specified in paragraphs (a) and (b) of this section.

[CGD 84–024, 52 FR 39656, Oct. 23, 1987, as amended at 53 FR 32232, Aug. 24, 1988; CGD 95–072, 60 FR 50468, Sept. 29, 1995; CGD 96–041, 61 FR 50734, Sept. 27, 1996; USCG–2000–6858, 67 FR 21083, Apr. 29, 2002]

§ 169.230 Underwater Survey in Lieu of Drydocking (UWILD).
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(a) The Officer in Charge, Marine Inspection (OCMI), on a case-by-case basis, may approve an underwater survey instead of a drydock examination at alternating intervals if your vessel is—

(1) Less than 15 years of age;

(2) A steel or aluminum hulled vessel;

(3) Fitted with an effective hull protection system; and

(4) Listed in §169.229(a)(1) or (2) of this part.

(b) For vessels less than 15 years of age, you must submit an application for an underwater survey to the OCMI at least 90 days before your vessel's next required drydock examination. The application must include—

(1) The procedure for carrying out the underwater survey;

(2) The time and place of the underwater survey;

(3) The method used to accurately determine the diver's or remotely operated vehicle's (ROV) location relative to the hull;

(4) The means for examining all through-hull fittings and appurtenances;

(5) The condition of the vessel, including the anticipated draft of the vessel at the time of survey;

(6) A description of the hull protection system; and

(7) The name and qualifications of any third party examiner.

(c) If your vessel is 15 years old or older, the cognizant District Commander, on a case-by-case basis, may approve an underwater survey instead of a drydock examination at alternating intervals. You must submit an application for an underwater survey to the OCMI at least 90 days before your vessel's next required drydock examination. You may be allowed this option if—

(1) The vessel is qualified under paragraphs (a)(2) through (4) of this section;

(2) Your application includes the information in paragraphs (b)(1) through (b)(7) of this section; and

(3) During the vessel's drydock examination, preceding the underwater survey, a complete set of hull gaugings was taken and they indicated that the vessel was free from appreciable hull deterioration.

(d) After the drydock examination required by paragraph (c)(3) of this section, the OCMI submits a recommendation for future underwater surveys, the results of the hull gauging, and the results of the Coast Guards' drydock examination results to the cognizant District Commander, for review.

[USCG–2000–6858, 67 FR 21083, Apr. 29, 2002]

§ 169.231 Definitions relating to hull examinations.
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As used in the part—

(a) Drydock examination means hauling out a vessel or placing a vessel in a drydock or slipway for an examination of all accessible parts of the vessel's underwater body and all through-hull fittings, sea chests, sea valves, sea strainers, and valves for the emergency bilge suction.

(b) Underwater survey means the examination of the vessel's underwater hull including all through-hull fittings and appurtenances, while the vessel is afloat.

(c) Internal structural examination means an examination of the vessel while afloat or in drydock and consists of a complete examination of the vessel's main strength members, including the major internal framing, the hull plating, voids, and ballast tanks, but not including cargo or fuel oil tanks.

[CGD 84–024, 52 FR 39656, Oct. 23, 1987, as amended at 53 FR 32232, Aug. 24, 1988; USCG–2000–6858, 67 FR 21084, Apr. 29, 2002]

§ 169.233 Notice and plans required.
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(a) The master, owner, operator, or agent of the vessel shall notify the Officer in Charge, Marine Inspection, whenever the vessel is to be drydocked regardless of the reason for drydocking.

(b) Each vessel, except barges, that holds a Load Line Certificate must have on board a plan showing the vessel's scantlings. This plan must be made available to the Coast Guard marine inspector whenever the vessel undergoes a drydock examination or internal structural examination or whenever repairs are made to the vessel's hull.

(c) Each barge that holds a Load Line Certificate must have a plan showing the barge's scantlings. The plan need not be maintained on board the barge but must be made available to the Coast Guard marine inspector whenever the barge undergoes a drydock examination or internal structural examination or whenever repairs are made to the barge's hull.

[CGD 84–024, 52 FR 39656, Oct. 23, 1987]

§ 169.234 Integral fuel oil tank examinations.
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(a) Each fuel oil tank with at least one side integral to the vessel's hull and located within the hull (“integral fuel oil tank”) is subject to inspection as provided in this section. The owner or operator of the vessel shall have the tanks cleaned out and gas freed as necessary to permit internal examination of the tank or tanks designated by the marine inspector. The owner or operator shall arrange for an examination of the fuel tanks of each vessel during an internal structural examination at intervals not to exceed five years.

(b) Integral non-double-bottom fuel oil tanks need not be cleaned out and internally examined if the marine inspector is able to determine by external examination that the general condition of the tanks is satisfactory.

(c) Double-bottom fuel oil tanks on vessels less than 10 years of age need not be cleaned out and internally examined if the marine inspector is able to determine by external examination that the general condition of the tanks is satisfactory.

(d) All double-bottom fuel oil tanks on vessels 10 years of age or older but less than 15 years of age need not be cleaned out and internally examined if the marine inspector is able to determine by internal examination of at least one forward double-bottom fuel oil tank, and by external examination of all other double-bottom fuel oil tanks on the vessel, that the general condition of the tanks is satisfactory.

(e) All double-bottom fuel oil tanks on vessels 15 years of age or older need not be cleaned out and internally examined if the marine inspector is able to determine by internal examination of at least one forward, one amidships, and one aft double-bottom fuel oil tank, and by external examination of all other double-bottom fuel oil tanks on the vessel, that the general condition of the tanks is satisfactory.

[CGD 84–024, 52 FR 39656, Oct. 23, 1987, as amended at 53 FR 32232, Aug. 24, 1988]

Repairs and Alterations
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§ 169.235 Permission required.
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(a) Repairs or alterations to the hull, machinery, or equipment which affects the safety of the vessel may not be made without the knowledge and approval of the Officer in Charge, Marine Inspection.

(b) Drawings, sketches or written specifications describing the alterations in detail must be submitted to the OCMI. Proposed alterations must be approved by the Officer in Charge, Marine Inspection, before work is started.

(c) Drawings are not required for repairs or replacements in kind.

§ 169.236 Inspection and testing required.
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(a) The provisions of NFPA 306, “Control of Gas Hazards on Vessels,” are used as a guide in conducting the inspections and issuing certificates required by this section.

(b) Until an inspection has been made to determine that the operations can be undertaken safely, no alterations, repairs, or other operations involving riveting, welding, burning, or other fire-producing actions may be made—

(1) Within or on the boundaries of fuel tanks; or

(2) To pipelines, heating coils, pumps, fittings, or other appurtenances connected to fuel tanks.

(c) Inspections must be conducted as follows:

(1) In ports or places in the United States or its territories and possessions, the inspection must be made by a marine chemist certificated by the National Fire Protection Association; however, if the services of such certified marine chemist are not reasonably available, the Officer in Charge, Marine Inspection, upon the recommendation of the vessel owner and his contractor on their representative, may authorize a person to inspect the particular vessel. If the inspection indicates that the operations can be undertaken with safety, a certificate setting forth this fact in writing must be issued by the certified marine chemist or the authorized person before the work is started. The certificate must include any requirements necessary to reasonably maintain safe conditions in the spaces certified throughout the operation, including any precautions necessary to eliminate or minimize hazards that may be present from protective coatings or residues from cargoes.

(2) When not in a port or place in the United States or its territories and possessions, and when a marine chemist or a person authorized by the Officer in Charge, Marine Inspection, is not reasonably available, the senior officer present shall conduct the inspection and enter the results of the inspection in the vessel's logbook.

(d) It is the responsibility of the senior officer present to secure copies of certificates issued by the certified marine chemist or a person authorized by the Officer in Charge, Marine Inspection. It is the responsibility of the senior officer present, insofar as the persons under his control are concerned, to maintain a safe condition on the vesssel by full observance of all requirements listed by the marine chemist in the certificate.

Inspections
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§ 169.237 Inspection standards.
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Vessels are inspected for compliance with the standards required by this subchapter. Items not covered by standards in this subchapter must be in accordance with good marine practice and acceptable to the Officer in Charge, Marine Inspection.

§ 169.239 Hull.
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At each inspection for certification and periodic inspection, the vessel must be afloat and ready for the following tests and inspections of the hull structure and its appurtenances:

(a) All accessible parts of the exterior and interior of the hull, the watertight bulkheads, and weather deck are examined. Where the internals of the vessel are completely concealed, sections of the lining or ceiling may be removed or the parts otherwise probed or exposed so that the inspector may be satisfied as to the condition of the hull structure.

(b) All watertight closures in the hull, decks and bulkheads are examined and operated.

(c) The condition of the superstructure, masts, and similar arrangements constructed on the hull is checked. All spars, standing rigging, running rigging, blocks, fittings, and sails, including storm sails are inspected.

(d) All railings and bulwarks and their attachment to the hull structure are inspected. Special attention is paid to ensure that guards or rails are provided in all dangerous places.

(e) All weathertight closures above the weather deck are inspected. The provisions for drainage of sea water from the exposed decks are checked.

[CGD 83–005, 51 FR 896, Jan. 9, 1986, as amended by USCG–1999–4976, 65 FR 6508, Feb. 9, 2000]

§ 169.241 Machinery.
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(a) At each inspection for certification and periodic inspection, the marine inspector will examine and test the following items to the extent necessary, to determine that they are in proper operating condition and fit for the service for which they are intended:

(1) Engine starting system. Alternate methods of starting are checked.

(2) Engine control mechanisms. Mechanisms are operationally tested and visually examined.

(3) Auxiliary machinery. All machinery essential to the routine operation of the vessel is checked.

(4) Fuel systems. Tanks, tank vents and other appurtenances, piping and pipe fittings are examined. The fuel systems for the auxiliary propulsion engines and all other fuel systems installed are checked. All valves in the fuel lines are tested by operating locally and at remote operating positions.

(5) Sea valves and bulkhead closure valves. All overboard discharge and intake valves are checked.

(6) Bilge and drainage systems. The means provided for pumping bilges are operationally tested. All suction strainers are examined.

(b) During all inspections special attention is paid to ensure that no fire hazards exist and that guards or protective devices are provided in all hazardous places.

[CGD 83–005, 51 FR 896, Jan. 9, 1986, as amended by USCG–1999–4976, 65 FR 6508, Feb. 9, 2000]

§ 169.243 Electrical.
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At each inspection for certification and periodic inspection, the marine inspector will examine and test the following items to the extent necessary, to determine that they are in proper operating condition, in safe electrical condition, and fit for the service for which they are intended:

(a) Electrical cable. All cable is examined as far as practicable without undue disturbance of the cable or electrical apparatus.

(b) Overload or circuit protective devices. Circuit breakers are tested by manual operation and fuses examined visually. The ratings of fuses are checked to determine suitability for the service intended.

(c) Rotating machinery. Rotating electrical machinery essential to the routine operation of the vessel is examined.

(d) Generators, etc. All generators, motors, lighting fixtures and circuit interrupting devices located in spaces or areas which may contain flammable vapors are checked.

(e) Storage batteries. Batteries are checked for condition and security of stowage.

(f) Fire detection and alarm system. Electrical apparatus, which operates as part of or in conjunction with a fire detection or alarm system installed on board the vessel, is operationally tested. The test is applied, in a manner to simulate, as closely as practicable, the actual operation in case of fire.

[CGD 83–005, 51 FR 896, Jan. 9, 1986, as amended by USCG–1999–4976, 65 FR 6508, Feb. 9, 2000]

§ 169.245 Lifesaving equipment.
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At each inspection for certification and periodic inspection the following tests and inspections of lifesaving equipment will be conducted:

(a) All air tank buoyant units of all lifesaving appliances are tested for airtightness.

(b) Each lifeboat is lowered to near the water and loaded with its allowed capacity, evenly distributed throughout the length. The total weight used is at least equal to the allowed capacity of the lifeboat considering persons to weigh 75 kg (165 pounds) each. The lifeboat is then lowered into the water until it is afloat and released from the falls.

(c) Each personal flotation device is examined to determine its serviceability. If found to be satisfactory, it is stamped “Passed,” together with the date and the port. If found to be unsatisfactory, the personal flotation device must be removed from the vessel's equipment and repaired. If it is beyond repair it must be destroyed in the presence of the Coast Guard inspector.

(d) Each lifeboat winch electrical control apparatus is opened and inspected.

(e) Where gravity davits are installed, it must be demonstrated that the lifeboat can be swung out and lowered from any stopped position by merely releasing the brake on the lifeboat winch. The use of force to start the davits or the lifeboat winch is not permitted. (continued)