46 C.F.R. Subpart B—Requirements for All Vessels
Title 46 - Shipping
Title 46: Shipping
PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS
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Subpart B—Requirements for All Vessels
§ 28.100 Applicability.
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.
(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.
(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.
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[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.
(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.
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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.------------------------------------------------------------------------
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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.
(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.
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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.
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[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.
(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.
(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.
(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.
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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.------------------------------------------------------------------------
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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.
(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:
(1) Table 28.140 in this section;
(2) The servicing procedure under the subpart of this chapter applicable to the item's approval; and
(3) The manufacturer's guidelines.
(c) An inflatable liferaft or inflatable buoyant apparatus must be serviced no later than the month and year on its servicing sticker affixed under 46 CFR 160.151–57(n), and whenever the container is damaged or the container straps or seals are broken. It must be serviced at a facility specifically approved by the Commandant for the particular brand.
(d) An escape route from a space where an individual may be employed or an accommodation space must not be obstructed.
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Table 28.140_Scheduled Maintenance and Inspection of Lifesaving Equipment---------------------------------------------------------------------------------------------------------------- Interval Item ------------------------------------------------ Regulation Monthly Annually----------------------------------------------------------------------------------------------------------------(1) Inflatable wearable personal ...................... Servicing............. 28.140 flotation device (Type V commercial hybrid).(2) Personal flotation devices, ...................... Inspect, clean and 28.140 exposure suits and immersion suits. repair as necessary.(3) Buoyant apparatus and life ...................... Inspect, clean and 28.140 floats. repair as necessary.(4) Inflatable liferaft............ ...................... Servicing \1\......... 28.140(5) Inflatable buoyant apparatus... ...................... Servicing \1\......... 28.140(6) Hydrostatic release............ ...................... Servicing \1\......... 28.140(7) Disposable hydrostatic release. ...................... Replace on or before 28.140 expiration date.(8) Undated batteries.............. ...................... Replace............... 28.140(9) Dated batteries \2\ and other ...................... Replace on or before 25.26-50, 28.140 items. expiration date.(10) EPIRB......................... Test.................. ...................... 25.26-50----------------------------------------------------------------------------------------------------------------\1\ For a new liferaft or inflatable buoyant apparatus, the first annual servicing may be deferred to two years from the date of first packing if so indicated on the servicing sticker.\2\ Water activated batteries must be replaced whenever they are used.
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[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR 49822, Oct. 1, 1991, as amended at USCG-2001–11118, 67 FR 58540, Sept. 17, 2002; USCG-2004–18884, 69 FR 58344, Sept. 30, 2004] § 28.145 Distress signals.
Except as provided by 28.305, each vessel must be equipped with the distress signals specified in table 28.145.
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Table 28.145_Distress Signals------------------------------------------------------------------------ Area Devices required------------------------------------------------------------------------Ocean, more than 50 miles from coastline.. 3 parachute flares, approval series 160.136; plus 6 hand flares, approval series 160.121; plus 3 smoke signals, approval series 160.122.Ocean, 3-50 miles from the coastline; or 3 parachute flares, approval more than 3 miles from the coastline on series 160.136, or 160.036; the Great Lakes. plus 6 hand flares, approval series 160.121 or 160.021; plus 3 smoke signals, approval series 160.122, 160.022, or 160.037.Coastal waters, excluding the Great Lakes; Night visual distress or within 3 miles of the coastline on the signals consisting of one Great Lakes. electric distress light, approval series 161.013 or 3 approved flares; plus Day visual distress signals consisting of one distress flag, approval series 160.072, or 3 approved flares, or 3 approved smoke signals.\1\------------------------------------------------------------------------\1\ If flares are carried, the same 3 flares may be counted toward meeting both the day and night requirement.
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[CGD 88–079, 56 FR 40393, Aug. 14, 1991, as amended at 60 FR 48048, Sept. 18, 1995; USCG-2000–7790, 65 FR 58458, Sept. 29, 2000] § 28.150 Emergency Position Indicating Radio Beacons (EPIRBs).
Each vessel must be equipped with an emergency position indicating radio beacon (EPIRB) as required by 46 CFR part 25, subpart 25.26.
Note: Each vessel which uses radio communication equipment must have a Ship Radio Station License issued by the Federal Communications Commission, as set forth in 47 CFR part 80.
§ 28.155 Excess fire detection and protection equipment.
Installation of fire detection and protection equipment in excess of that required by the regulations in this subchapter is permitted provided that the excess equipment does not endanger the vessel or individuals on board in any way. The excess equipment must, at a minimum, be listed and labeled by an independent, nationally recognized testing laboratory and be in accordance with an appropriate industry standard for design, installation, testing, and maintenance. § 28.160 Portable fire extinguishers.
(a) Each vessel must meet the requirements of part 25, subpart 25.30 of this chapter.
(b) Each vessel 65 feet (19.8 meters) or more in length must be equipped with the minimum number, location, and type of portable fire extinguishers specified in table 28.160.
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Table 28.160_Portable Fire Extinguishers for Vessels 65 Feet (19.8 Meters) or More in Length------------------------------------------------------------------------ Space Classification Quantity and location------------------------------------------------------------------------Safety areas, communicating A-II............. 1 in each main corridors. corridor not more than 150 feet (49.2 meters) apart. (May be located in stairways.)Pilothouse.................... C-I.............. 2 in vicinity of exit.Service spaces, galleys....... B-II or C-II..... 1 for each 2,500 square feet (269.1 sq. meters) or fraction thereof suitable for hazards involved.Paint lockers................. B-II............. 1 outside space in vicinity of exit.Accessible baggage and A-II............. 1 for each 2,500 storerooms. square feet (269.1 sq. meters) or fraction thereof located in the vicinity of exits, either inside or outside the spaces.Work shops and similar spaces. A-II............. 1 outside the space in vicinity of exit.Machinery spaces; Internal B-II............. 1 for each 1,000 combustion propelling brake horsepower or machinery. fraction thereof but not less than 2 nor more than 6.Electric propulsion motors or C-II............. 1 for each propulsion generator unit of open type. motor generator unit.Auxiliary spaces.............. B-II............. 1 outside the space in the vicinity of exit.Internal combustion machinery. B-II............. 1 outside the space in the vicinity of exit.Electric emergency motors or C-II............. 1 outside the space generators. in the vicinity of exit.------------------------------------------------------------------------
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[CGD 88–079, 56 FR 40393, Aug. 14, 1991; 56 FR 47679, Sept. 20, 1991] § 28.165 Injury placard.
Each vessel must have posted in a highly visible location accessible to the crew a placard measuring at least 5 inches by 7 inches (127 millimeters by 178 millimeters) which reads:
Notice
Report All Injuries
United States law, 46 United States Code 10603, requires each seaman on a fishing vessel, fish processing vessel, or fish tender vessel to notify the master or individual in charge of the vessel or other agent of the employer regarding any illness, disability, or injury suffered by the seaman when in service to the vessel not later than seven days after the date on which the illness, disability, or injury arose.
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