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46 C.F.R. §§ 42.09-15–42.09-50

8 sections in range

§42.09-15. Surveys by the American Bureau of Shipping or assigning authority.

46 C.F.R. § 42.09-15

(a)
General. Before issuing a certificate or placement of load line marks on a vessel, the assigning and issuing authority shall make an initial or periodic survey of the vessel as required by this subchapter. A load line survey report shall be made, reflecting information and facts based on initial surveys, including required and special elements as may be deemed necessary by the assigning authority or the Commandant.
(b)
Initial survey. An initial survey shall be made before the vessel is put in service or the first time the assigning authority is requested to survey a vessel. The survey shall include a complete examination of its structure and equipment insofar as required by the applicable requirements in this subchapter. This survey shall be such as to ensure that the arrangements, materials, scantlings, and subsequent placement of load line marks fully comply with applicable requirements.
(c)
Periodical survey. A periodical survey shall be made at intervals not exceeding five (5) years from an initial or previous periodic survey. The survey shall be similar to the initial survey insofar as extent and purpose are concerned.
(1)
If the load line marks are found to be correct for the condition the vessel is then in, the assigning and issuing authority shall issue a new load line certificate, valid for such time as the condition of the vessel then warrants but in no case for a period of longer than 5 years. If, after a survey has been passed, a loadline certificate can not be issued before the current certificate expires, the current certificate may be extended by an endorsement in accordance with the requirements contained in § 42.07-45(d). This endorsement of the assigning authority shall be placed on the back of the certificate, as shown on the forms in subpart 42.50. However, if there have been alterations which affect the vessel's freeboards, such extension shall not be granted. This prohibition is the same as in Article 19(2) of the 1966 Convention.
(2)
The periodical survey, including certificate extension or reissue, for a vessel holding an international load line exemption certificate for more than one voyage, shall be the same as for any other vessel covered by this section except for load line marks. However, other conditions specified in the exemption certificate shall be verified.
(d)
Annual surveys for endorsements. Vessels subject to initial and periodic surveys shall have annual surveys, within 3 months either way of the certificate's anniversary date. The annual surveys shall be made by and prove satisfactory to the assigning and issuing authority prior to executing the required annual endorsements on load line certificates or exemption certificates. The scope shall be as defined in § 42.09-40 and such as to ensure that the applicable load line marks are found to be correct for the condition the vessel is then in.
Notes, amendments, and revision history

Amendments

[CGFR 68-60, 33 FR 10056, July 12, 1968, as amended by CGFR 68-126, 34 FR 9012, June 5, 1969; CGD 73-49R, 38 FR 12290, May 10, 1973]

Authority

Authority: 46 U.S.C. 5101-5116; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.4; section 42.01-5 also issued under the authority of 44 U.S.C. 3507.

Amendments

[CGFR 68-60, 33 FR 10056, July 12, 1968, as amended by CGFR 68-126, 34 FR 9012, June 5, 1969; CGD 73-49R, 38 FR 12290, May 10, 1973]

§42.09-20. Surveys of foreign vessels.

46 C.F.R. § 42.09-20

(a)
General. Foreign vessels of countries which have not ratified or acceded to the 1966 Convention, or which do not have valid certificates issued under other international convention or treaty and recognized by the United States of America, if desiring to depart from a port or place in the United States, the Commonwealth of Puerto Rico, the Territory of Guam, or other U.S. possessions, shall be subjected to survey, marking, and certification by a load line assigning and issuing authority as authorized under § 42.07-35 or § 42.07-40, unless:
(1)
The vessel is exempted by the provision of 46 U.S.C. 5102; or
(2)
The vessel is under tow and carrying neither passengers nor cargo.
(b)
Scope of survey. A periodical survey described in § 42.09-15(c) shall be conducted by and prove satisfactory to the assigning and issuing authority. It shall be made prior to issue or reissue of the applicable certificate.
(c)
Certification of load lines. The assigning and issuing authority after determining the vessel meets the applicable requirements in this part may issue a load line certificate subject to requirements in § 42.07-45 and on the applicable form described in subpart 42.50 of this part: Provided, That the load line certificate issued shall be valid for a period of 1 year. The certificate may be revalidated by endorsement for additional 1 year periods if the condition of the vessel so warrants, but in any event the certificate shall become void five (5) years from date of issue, or at the expiration of the fourth (4th) yearly validation, whichever occurs first. Whenever the condition of the vessel warrants special limitations, such information and facts shall be attested to on the front or back of the certificate as necessary, by the assigning and issuing authority.
Notes, amendments, and revision history

Amendments

[CGFR 68-60, 33 FR 10056, July 12, 1968, as amended by CGFR 68-126, 34 FR 9013, June 5, 1969; CGD 80-120, 47 FR 5723, Feb. 8, 1982; USCG-1998-4442, 63 FR 52190, Sept. 30, 1998]

Authority

Authority: 46 U.S.C. 5101-5116; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.4; section 42.01-5 also issued under the authority of 44 U.S.C. 3507.

Amendments

[CGFR 68-60, 33 FR 10056, July 12, 1968, as amended by CGFR 68-126, 34 FR 9013, June 5, 1969; CGD 80-120, 47 FR 5723, Feb. 8, 1982; USCG-1998-4442, 63 FR 52190, Sept. 30, 1998]

§42.09-25. Initial or periodic survey requirements for all vessels.

46 C.F.R. § 42.09-25

(a)
Before a survey may be completed, the vessel shall be placed in a drydock or hauled out. The surveyor shall be given complete access to all parts of the vessel to ensure that the vessel complies with all applicable requirements.
(b)
The surveyor shall examine on all vessels the items, etc., listed in this paragraph to determine if in satisfactory condition and meeting applicable requirements in this subchapter.
(1)
Cargo hatch coamings, covers, beams and supports, gaskets, clamps, locking bars, tarpaulins, battens, cleats and wedges of hatches on exposed freeboard, quarter and superstructure decks, and elsewhere as may be necessary.
(2)
Structure of the vessel, coamings, closures, and all means of protection provided for openings, such as for ventilators, companionways, machinery casings, fiddleys, funnels, enclosed superstructures on the freeboard deck (and their end bulkheads) or equivalent protective deck houses, openings in the freeboard and superstructure decks, and significant openings at higher levels in the vessel.
(3)
Transverse watertight subdivision bulkheads, as fitted, including any openings therein and closures for such openings. They shall be examined throughout their vertical and transverse extent.
(4)
All air-pipe outlets, their closures, all scuppers, and all sanitary discharges in the vessel's sides, including nonreturn valves installed.
(5)
The main and auxiliary sea inlets and discharges in the machinery space, and elsewhere if existent, and the valves and controls for these items.
(6)
All gangways, cargo ports, and airports, including dead covers or other similar openings in the vessel's sides and their closures.
(7)
All guardrails, bulwarks, gangways, and freeing port shutters, including securing devices, and bars.
(8)
All eye plates or similar fittings for timber (or other) deck-cargo lashings, including the lashings, sockets for uprights and protective devices as may be necessary for ventilators and steering arrangements.
Notes, amendments, and revision history

Amendments

[CGFR 68-60, 33 FR 10056, July 12, 1968, as amended by CGFR 68-126, 34 FR 9013, June 5, 1969]

Authority

Authority: 46 U.S.C. 5101-5116; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.4; section 42.01-5 also issued under the authority of 44 U.S.C. 3507.

Amendments

[CGFR 68-60, 33 FR 10056, July 12, 1968, as amended by CGFR 68-126, 34 FR 9013, June 5, 1969]

§42.09-30. Additional survey requirements for steel-hull vessels.

46 C.F.R. § 42.09-30

(a)
In addition to the requirements in § 42.09-25, the surveyor of the assigning authority shall examine the items, etc., listed in this section, to determine if in satisfactory condition and meeting applicable requirements in this subchapter.
(b)
When the vessel is in drydock, the hull plating, etc., shall be examined.
(c)
The holds, 'tween decks, peaks, bilges, machinery spaces, and bunkers shall be examined to determine the condition of the framing, etc.
(d)
The deep tanks and other tanks which form part of the vessel shall be examined internally.
(e)
If a double bottom is fitted, the tanks normally shall be examined internally. Where double bottom and other tanks are used for fuel-oil bunkers, such tanks need not be cleaned out, if the surveyor is able to determine by an external examination that their general condition is satisfactory.
(f)
The deck shall be examined.
(g)
Where, owing to the age and condition of the vessel or otherwise, the surveyor deems it necessary, the shell and deck plating may be required to be drilled or other acceptable means used, in order to ascertain the then thickness of such plating.
Notes, amendments, and revision history

Amendments

[CGFR 68-60, 33 FR 10057, July 12, 1968]

Authority

Authority: 46 U.S.C. 5101-5116; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.4; section 42.01-5 also issued under the authority of 44 U.S.C. 3507.

Amendments

[CGFR 68-60, 33 FR 10057, July 12, 1968]

§42.09-35. Additional survey requirements for wood-hull vessels.

46 C.F.R. § 42.09-35

(a)
In addition to the requirements in § 42.09-25, the surveyor of the assigning authority shall examine the items, etc., listed in this section, to determine if in satisfactory condition and meeting the applicable requirements in this subchapter.
(b)
When the vessel is in drydock or hauled out, the keel, stem, stern frame or sternpost, outside planking, and caulking shall be examined.
(c)
The fasteners shall be examined. Bolts, screws, or equivalent fastenings, as deemed necessary by the surveyor, must be backed out, or otherwise dealt with, to ensure soundness.
(d)
The holds, 'tween decks, peaks, bilges, machinery spaces, and bunkers shall be examined.
(e)
The entire structure, including decks, shall be examined. If considered necessary by the surveyor, borings shall be made, or other means may be used, to ascertain the condition of the materials. Should these measures disclose sufficient cause, further examination to satisfy the surveyor as to the true condition shall be made and check locations listed. This list shall be submitted to the assigning and issuing authority for record purposes, and for use in subsequent surveys.
Notes, amendments, and revision history

Amendments

[CGFR 68-60, 33 FR 10057, July 12, 1968]

Authority

Authority: 46 U.S.C. 5101-5116; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.4; section 42.01-5 also issued under the authority of 44 U.S.C. 3507.

Amendments

[CGFR 68-60, 33 FR 10057, July 12, 1968]

§42.09-40. Annual surveys.

46 C.F.R. § 42.09-40

(a)
Relative to §§ 42.09-15(d) and 42.09-20(c), the assigning and issuing authority shall make an annual survey of each vessel holding an appropriate certificate issued under this subchapter.
(b)
The annual survey shall be of such scope and extent so as to ensure:
(1)
The maintenance in an effective condition of the fittings and appliances for the—
(i)
Protection of openings;
(ii)
Guardrails;
(iii)
Freeing ports; and,
(iv)
Means of access to crew's quarters.
(2)
That there have not been alterations made to the hull or superstructure which would affect the calculations determining the position of the load line marks.
(c)
The assigning and issuing authority shall report on the annual survey made to the owner of the vessel.
Notes, amendments, and revision history

Amendments

[CGFR 68-60, 33 FR 10057, July 12, 1968, as amended by CGD 80-143, 47 FR 25149, June 10, 1982]

Authority

Authority: 46 U.S.C. 5101-5116; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.4; section 42.01-5 also issued under the authority of 44 U.S.C. 3507.

Amendments

[CGFR 68-60, 33 FR 10057, July 12, 1968, as amended by CGD 80-143, 47 FR 25149, June 10, 1982]

§42.09-45. Correction of deficiencies.

46 C.F.R. § 42.09-45

(a)
During and after any survey made by the assigning and issuing authority, those items, fittings, etc., which are found to be in an unsatisfactory condition by the surveyor shall be repaired or renewed in order to place the vessel in a satisfactory condition.
(b)
No load line certificate shall be issued, endorsed, extended, or reissued or delivered to a vessel subject to this subchapter until after unsatisfactory conditions have been corrected as required by paragraph (a) of this section.
Notes, amendments, and revision history

Amendments

[CGFR 68-60, 33 FR 10057, July 12, 1968, as amended by CGFR 68-126, 34 FR 9013, June 5, 1969]

Authority

Authority: 46 U.S.C. 5101-5116; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.4; section 42.01-5 also issued under the authority of 44 U.S.C. 3507.

Amendments

[CGFR 68-60, 33 FR 10057, July 12, 1968, as amended by CGFR 68-126, 34 FR 9013, June 5, 1969]

§42.09-50. Repairs or alterations to vessel after it has been surveyed.

46 C.F.R. § 42.09-50

(a)
After any survey of the vessel made under §§ 42.09-25 to 42.09-40, inclusive, as applicable, has been completed and deficiencies corrected as provided in § 42.09-45, no change shall be made in the vessel's structure, equipment, arrangement, material, or scantlings as covered by such survey, without the prior specific approval of the assigning and issuing authority.
(b)
To avoid a freeboard or other penalty, any vessel which undergoes repairs, alterations, or modifications, including outfitting related thereto, shall continue to comply with the applicable requirements consistent with the load line certificate held.
(c)
An existing vessel, which had a load line assigned under previous regulations which undergoes repairs, alterations, or modifications of a major character, shall meet the requirements for a new vessel in this part insofar as the assigning and issuing authority and the Commandant deem reasonable and practicable.
Notes, amendments, and revision history

Amendments

[CGFR 68-60, 33 FR 10057, July 12, 1968, as amended by CGD 80-120, 47 FR 5723, Feb. 8, 1982]

Authority

Authority: 46 U.S.C. 5101-5116; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.4; section 42.01-5 also issued under the authority of 44 U.S.C. 3507.

Amendments

[CGFR 68-60, 33 FR 10057, July 12, 1968, as amended by CGD 80-120, 47 FR 5723, Feb. 8, 1982]