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e-CFR Data is current as of November 20, 2008


Title 46: Shipping

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PART 35—OPERATIONS

Section Contents

Subpart 35.01—Special Operating Requirements

§ 35.01-1   Inspection and testing required when making alterations, repairs, or other such operations involving riveting, welding, burning, or like fire-producing actions—TB/ALL.
§ 35.01-3   Incorporation by reference.
§ 35.01-5   Sanitary condition and crew quarters—T/ALL.
§ 35.01-10   Shipping papers—TB/ALL.
§ 35.01-15   Carriage of persons other than crew—TB/ALL.
§ 35.01-25   Sacrificial anode installations—TB/ALL.
§ 35.01-35   Repairs and alterations to firefighting equipment—TB/ALL.
§ 35.01-45   Open hopper type barges—B/ALL.
§ 35.01-50   Special operating requirements for tank barges carrying certain dangerous bulk cargoes—B/ALL.
§ 35.01-55   Pilot boarding operation.
§ 35.01-60   Person excluded.

Subpart 35.03—Work Vests

§ 35.03-1   Application—TB/ALL.
§ 35.03-5   Approved types of work vests—TB/ALL.
§ 35.03-10   Use—TB/ALL.
§ 35.03-15   Shipboard stowage—TB/ALL.
§ 35.03-20   Shipboard inspections—TB/ALL.
§ 35.03-25   Additional requirements for hybrid work vests.

Subpart 35.05—Officers and Crews

§ 35.05-1   Licensed officers and crews of tankships—T/ALL.
§ 35.05-5   [Reserved]
§ 35.05-10   [Reserved]
§ 35.05-15   Tank vessel security—TB/ALL.
§ 35.05-20   Physical condition of crew—TB/ALL.
§ 35.05-25   Illness, alcohol, drugs—TB/ALL.

Subpart 35.07—Logbook Entries

§ 35.07-1   Application—TB/ALL.
§ 35.07-5   Logbooks and records—TB/ALL.
§ 35.07-10   Actions required to be logged—TB/ALL.

Subpart 35.08—Stability Information

§ 35.08-1   Posting of stability letter.

Subpart 35.10—Fire and Emergency Requirements

§ 35.10-1   Emergency training, musters, and drills—T/ALL.
§ 35.10-3   Display of plans—TB/ALL.
§ 35.10-5   Muster lists, emergency signals, and manning—T/ALL.
§ 35.10-15   Emergency lighting and power systems—T/ALL.

Subpart 35.15—Notice and Reporting of Casualty and Voyage Records

§ 35.15-1   Notice and reporting of casualty and voyage records—TB/ALL.

Subpart 35.20—Navigation

§ 35.20-1   Notice to mariners; aids to navigation—T/OCLB.
§ 35.20-5   Draft of tankships—T/OC.
§ 35.20-7   Verification of vessel compliance with applicable stability requirements—TB/ALL.
§ 35.20-10   Steering gear test—T/ALL.
§ 35.20-20   Master's and officer's responsibility—TB/ALL.
§ 35.20-30   Flashing the rays of a searchlight or other blinding light—T/ALL.
§ 35.20-35   Whistling—T/ALL.
§ 35.20-40   Maneuvering characteristics—T/OC.
§ 35.20-45   Use of Auto Pilot—T/ALL.

Subpart 35.25—Engine Department

§ 35.25-1   Examination of boilers and machinery by engineer—T/ALL.
§ 35.25-5   Repairs of boilers and unfired pressure vessels and reports of repairs or accidents by chief engineer—TB/ALL.
§ 35.25-10   Requirements for fuel oil—T/ALL.
§ 35.25-15   Carrying of excess steam—TB/ALL.

Subpart 35.30—General Safety Rules

§ 35.30-1   Warning signals and signs—TB/ALL.
§ 35.30-5   Fires, matches, and smoking—TB/ALL.
§ 35.30-10   Cargo tank hatches, ullage holes, and Butterworth plates—TB/ALL.
§ 35.30-15   Combustible gas indicator—TB/ALL.
§ 35.30-20   Emergency equipment—TB/ALL
§ 35.30-25   Explosives—TB/ALL.
§ 35.30-30   Portable electric equipment—TB/ALL.
§ 35.30-35   Spark producing devices—TB/ALL.
§ 35.30-40   Flammable liquid and gas fuels as ship's stores—TB/ALL.

Subpart 35.35—Cargo Handling

§ 35.35-1   Persons on duty—TB/ALL.
§ 35.35-5   Electric bonding—TB/ALL.
§ 35.35-10   Closing of freeing-ports, scuppers, and sea valves—TB/ALL.
§ 35.35-15   Connecting for cargo transfer—TB/ALL.
§ 35.35-20   Inspection before transfer of cargo—TB/ALL.
§ 35.35-25   Approval to start transfer of cargo—TB/ALL.
§ 35.35-30   “Declaration of Inspection” for tank vessels—TB/ALL.
§ 35.35-35   Duties of person in charge of transfer—TB/ALL.
§ 35.35-40   Conditions under which transfer operations shall not be commenced or if started shall be discontinued—TB/ALL.
§ 35.35-42   Restrictions on vessels alongside a tank vessel loading or unloading cargo of Grade A, B, or C—TB/ALL.
§ 35.35-45   Auxiliary steam, air, or electric current—B/ALL.
§ 35.35-50   Termination of transfer operations—TB/ALL.
§ 35.35-55   Transfer of other cargo or stores on tank vessels—TB/ALL.
§ 35.35-60   Transportation of other cargo or stores on tank barges—B/ALL.
§ 35.35-70   Maintenance of cargo handling equipment—TB/ALL.
§ 35.35-75   Emergencies—TB/ALL.
§ 35.35-85   Air compressors—TB/ALL.

Subpart 35.40—Posting and Marking Requirements—TB/ALL.

§ 35.40-1   General alarm contact maker—TB/ALL.
§ 35.40-5   General alarm bells—TB/ALL.
§ 35.40-6   Emergency lights—TB/ALL.
§ 35.40-7   Carbon dioxide alarm—T/ALL.
§ 35.40-10   Steam, foam, or CO2 fire smothering apparatus—TB/ALL.
§ 35.40-15   Fire hose stations—TB/ALL.
§ 35.40-17   Foam hose/monitor stations—T/ALL.
§ 35.40-18   Water spray systems—TB/ALL.
§ 35.40-20   Emergency equipment—TB/ALL.
§ 35.40-25   Fire extinguishers—TB/ALL.
§ 35.40-30   Instructions for changing steering gear—TB/ALL.
§ 35.40-35   Rudder orders—TB/ALL.
§ 35.40-40   Marking and instructions for fire and emergency equipment—TB/ALL.


Authority:   33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security Delegation No. 0170.1.

Source:   CGFR 65–50, 30 FR 16704, Dec. 30, 1965, unless otherwise noted.

Subpart 35.01—Special Operating Requirements
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§ 35.01-1   Inspection and testing required when making alterations, repairs, or other such operations involving riveting, welding, burning, or like fire-producing actions—TB/ALL.
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(a) The provisions of “Standard for the Control of Gas Hazards on Vessels to be Repaired,” NFPA No. 306, published by National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be used as a guide in conducting the inspections and issuance of certificates required by this section.

(b) Until an inspection has been made to determine that such operation can be undertaken with safety, no alterations, repairs, or other such operations involving riveting, welding, burning, or like fire-producing actions shall be made:

(1) Within or on the boundaries of cargo tanks which have been used to carry flammable or combustible liquid or chemicals in bulk, or within spaces adjacent to such cargo tanks; or,

(2) Within or on the boundaries of fuel tanks; or,

(3) To pipe lines, heating coils, pumps, fittings, or other appurtenances connected to such cargo or fuel tanks.

(c) Such inspections shall be made and evidenced as follows:

(1) In ports or places in the United States or its territories and possessions, the inspection shall 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 or their representative, shall select a person who, in the case of an individual vessel, shall be authorized to make such inspection. If the inspection indicates that such operations can be undertaken with safety, a certificate setting forth the fact in writing and qualified as may be required, shall be issued by the certified marine chemist or the authorized person before the work is started. Such qualifications shall include any requirements as may be deemed necessary to maintain, insofar as can reasonably be done, the safe conditions in the spaces certified, throughout the operation and shall include such additional tests and certifications as considered required. Such qualifications and requirements shall include precautions necessary to eliminate or minimize hazards that may be present from protective coatings or residues from cargoes.

(2) When not in such a port or place, and a marine chemist or such person authorized by the Officer in Charge, Marine Inspection, is not reasonably available, the inspection shall be made by the senior officer present and a proper entry shall be made in the vessel's logbook.

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

[CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 95–072, 60 FR 50462, Sept. 29, 1995]

§ 35.01-3   Incorporation by reference.
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(a) Certain materials are incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a). To enforce any edition other than the one listed in paragraph (b) of this section, notice of the change must be published in theFederal Registerand the material made available to the public. All approved material is on file at the U.S. Coast Guard, Office of Operating and Environmental Standards, 2100 Second Street SW., Washington, DC 20593–0001, and is available from the address indicated in paragraph (b), or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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

American Society for Testing and Materials

100 Barr Harbor Drive, West Conshohocken, PA 19428–2959

ASTM F 1014–92  Standard Specification for Flashlights on Vessels.

Section affected—35.30–20(c)(3)

ASTM Adjunct F 1626, Symbols for Use in Accordance with Regulation II–2/20 of the 1974 SOLAS Convention, PCN 12–616260–01, © 1996–35.10–3

ASTM D 93–97, Standard Test Methods for Flash-Point by Pensky-Martens Closed Cup Tester–35.25–10

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment, London, SE1 7SR United Kingdom. Resolution A.654(16), Graphical Symbols for Fire Control Plans—35.10–3

Note: All other documents referenced in this part are still in effect.

[CGD 82–042, 53 FR 17704, May 18, 1988, as amended by CGD 96–041, 61 FR 50727, Sept. 27, 1996; CGD 97–057, 62 FR 51043, Sept. 30, 1997; CDG 95–028, 62 FR 51199, Sept. 30, 1997; USCG-1999–5151, 64 FR 67177, Dec. 1, 1999]

§ 35.01-5   Sanitary condition and crew quarters—T/ALL.
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It shall be the duty of the master and chief engineer of every tankship to see that such vessel and crew's quarters are kept in a sanitary condition.

[CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 95–027, 61 FR 25999, May 23, 1996]

§ 35.01-10   Shipping papers—TB/ALL.
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Each loaded tank vessel shall have on board a bill of lading, manifest, or shipping document giving the name of the consignee and the location of the delivery point, the kind, grades, and approximate quantity of each kind and grade of cargo, and for whose account the cargo is being handled. The tank vessel shall not be delayed in order to secure exact quantities of cargo. Such manifests or bills of lading may be made out by the master, master of the towing vessel, owner, or agent of the owner: Provided, however, That in the case of unmanned barges where shipping papers are not available, an entry in the logbook of the towing vessel giving the name of the shipper and location of shipping point, the name of the consignee and location of delivery point, the approximate kind, grade, and quantity of cargo in each barge of the tow, and for whose account the cargo is being handled, shall be considered as complying with the requirements of this section.

§ 35.01-15   Carriage of persons other than crew—TB/ALL.
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No person not connected with the operation of a tank ship or tank barge or not having legitimate business with said vessel, shall be permitted aboard while vessel is under way unless specifically allowed by its certificate.

§ 35.01-25   Sacrificial anode installations—TB/ALL.
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(a) The installation of magnesium sacrificial anodes in cargo tanks utilized for the carriage of flammable or combustible liquids in bulk is prohibited.

(b) A sacrificial anode using an aluminum alloy will be permitted in cargo tanks under the following criteria:

(1) The maximum allowable energy that can be developed by a falling anode shall be 200 foot-pounds.

(2) No anode shall be installed more than 6 feet above the bottom of the tank. Special consideration will be given when structural design prevents the anodes from falling in event of failure of the attachments.

(3) Each anode shall have at least two welded or bolted connections to the supporting structure. Special consideration will be given to proprietary attachments which provide equally safe installations.

(4) The plans of the anode installation and a chemical analysis of the alloy composition shall be submitted for approval. The anode should be magnesium free and the silicon content limited to trace amounts.

(5) The recommended construction of the anode should utilize a mild steel core with necessary attachments. Other types may be used but will require special consideration.

(c) Sacrificial anodes using materials other than those having aluminum and/or magnesium in whole or in part are permitted.

[CGFR 69–72, 34 FR 17482, Oct. 29, 1969]

§ 35.01-35   Repairs and alterations to firefighting equipment—TB/ALL.
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(a) No extensive repairs or alterations, except in emergency, shall be made to any fire-extinguishing apparatus, or other appliance subject to inspection, without advance notice to the Officer in Charge, Marine Inspection. Such repairs or alterations shall so far as is practicable be made with materials and tested in the manner specified within the regulations in this subchapter and subchapter Q (Specifications) of this chapter for new construction.

(b) Emergency repairs or alterations shall be reported as soon as practicable to the Officer in Charge, Marine Inspection, where the vessel may call after such repairs are made.

§ 35.01-45   Open hopper type barges—B/ALL.
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(a) With the exception of those open hopper type barges constructed or modified in conformance with the requirements of subpart 32.63 of this subchapter, the special operating conditions in this section apply to all other open hopper type barges carrying those cargoes listed in Table 30.25–1, of this chapter, which are defined as:

(1) Flammable liquids having a Reid vapor pressure in excess of 25 pounds per square inch, absolute, in independent tanks (part 32 of this subchapter).

(2) Liquefied flammable gases (part 38 of this subchapter).

(b) All open hopper type barges, while carrying in bulk any of the cargoes described in paragraph (a) of this section, shall be operated in conformance with the provisions in this section. However, the provisions in this section are not applicable to such barges when empty (not necessarily cleaned or gas-freed).

(c)(1) Except as otherwise provided in this section, no such open hopper type barge shall be placed as a lead barge in any tow. Such barges shall be placed in protected positions within the tow so that the danger from diving or swamping will be minimized. Where, due to operating conditions, compliance with this paragraph is impossible, the provisions of paragraph (c)(3) of this section apply. The person in charge of the towing vessels shall be responsible for compliance with this paragraph.

(2) No such open hopper type barge shall be moved from a loading facility unless all void spaces and bilges are substantially free of water. Periodic inspections and necessary pumping shall be carried out to insure the maintenance of such water-free conditions, in order to minimize the free surface effect in both the longitudinal and transverse directions. Except when otherwise considered necessary for inspection or pumping, all hatch covers and other hull closure devices for void spaces and hull compartments shall be closed and secured at all times. In the case of unmanned barges, the person in charge of the towing vessel shall be deemed to be in charge of the barge, and all requirements to be carried out on the barge shall be carried out by or under the direction of such person.

(3) When an open hopper type barge is in an exposed position, such that protection from swamping provided by adjoining barges cannot be obtained from location within the two alone, it shall be the responsibility of the person in charge of the towing vessel to control speed so as to insure protection against diving and swamping of the barge, having due regard to its design and freeboard, and to the operating conditions.

(d) To show that special operating requirements apply to a specific open hopper type barge, additional placards or signs shall be displayed in at least four different locations on the barge when the cargoes described in paragraph (a) of this section are carried in any form in the cargo tanks. The placards or signs shall be posted on the barge approximately amidships on each side and near the centerline of each end, facing outboard. Racks, or other suitable means, for mounting such placards or signs shall be so arranged as to provide clear visibility and shall be protected from becoming readily damaged or obscured. The placards or signs shall be at least equal in dimensions to the DOT standard tank car “Dangerous” placard (103/4inches square or larger), and shall display a circle (10 inches in diameter or larger) with alternating quadrants of white and red, and so mounted that the red quadrants are centered on the vertical axis. The shipper and/or owner of the barge shall be responsible for the installation of the required placards or signs, including maintenance of them while such barge is in temporary storage with cargo aboard. The person in charge of the towing vessel shall be responsible for the continued maintenance of the placards or signs while such barge is in transit.

[CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as amended by CGFR 70–10, 35 FR 3709, Feb. 25, 1970; CGD 86–033, 53 FR 36024, Sept. 16, 1988]

§ 35.01-50   Special operating requirements for tank barges carrying certain dangerous bulk cargoes—B/ALL.
top

(a) The requirements of this section shall apply to all tank barges carrying those cargoes listed on Table 30.25–1, of this chapter, which are defined as:

(1) Flammable liquids having a Reid vapor pressure in excess of 25 pounds per square inch, absolute, in independent tanks (part 32 of this subchapter).

(2) Liquefied flammable gases (part 38 of this subchapter).

(b) All tank barges constructed or modified in conformance with the requirements of subpart 32.63 of this subchapter are exempt from the provisions of §35.01–45.

(c) When it is necessary to operate box or square-end barges as lead barges of tows, the person in charge of the towing vessel shall control the speed to insure protection against diving and swamping of such barges, having due regard to their design and freeboard, and to the operating conditions.

(d) All barges, while carrying in bulk any of the cargoes described in paragraph (a) of this section, shall be operated in conformance with the provisions of this section. However, the provisions of this section are not applicable to such barges when empty and gas-freed.

(e) Barges shall not be moved from a loading facility unless all bilges and void spaces (except those used for ballasting) are substantially free of water. Periodic inspections and necessary pumping shall be carried out to insure maintenance of such water-free condition in order to minimize the free surface effects, both in the longitudinal and transverse directions. Except when otherwise considered necessary for inspection or pumping, all hatch covers and other hull closure devices for void spaces and hull compartments other than cargo spaces shall be closed and secured at all times.

(f) During the time the cargo tanks contain dangerous cargoes described in paragraph (a) of this section in any amount, in the liquid or gaseous state, the barge shall be under constant surveillance.

(1) A strict watch of each unmanned barge in tow shall be maintained from the towing vessel while underway.

(2) A towing vessel engaged in transporting such unmanned barges shall not leave them unattended. When a barge is moored, but not gas free, it shall be under the observation of a watchman who may be a member of the complement of the towing vessel, or a terminal employee, or other person. Such person shall be responsible for the security of the barge and for keeping unauthorized persons off the barge.

(g) The owner, operator, master, or person in charge of any barge carrying dangerous cargoes described in paragraph (a) of this section shall insure that, while the barge is being towed and during cargo transfer operations, the persons as required by §31.15–5 of this subchapter and §35.35–1 are provided.

[CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as amended by CGFR 70–10, 35 FR 3709, Feb. 25, 1970; CGD 73–243, 45 FR 18000, Mar. 20, 1980]

§ 35.01-55   Pilot boarding operation.
top

(a) The master shall ensure that pilot boarding equipment is maintained as follows:

(1) The equipment must be kept clean and in good working order.

(2) Each damaged step or spreader step on a pilot ladder must be replaced in kind with an approved replacement step or spreader step, prior to further use of the ladder. The replacement step or spreader step must be secured by the method used in the original construction of the ladder, and in accordance with manufacturer instructions.

(b) The master shall ensure compliance with the following during pilot boarding operations:

(1) Only approved pilot boarding equipment may be used.

(2) The pilot boarding equipment must rest firmly against the hull of the vessel and be clear of overboard discharges.

(3) Two man ropes, a safety line and an approved lifebuoy with an approved water light must be at the point of access and be immediately available for use during boarding operations.

(4) Rigging of the equipment and embarkation/debarkation of a pilot must be supervised in person by a deck officer.

(5) Both the equipment over the side and the point of access must be adequately lit during night operations.

(6) If a pilot hoist is used, a pilot ladder must be kept on deck adjacent to the hoist and available for immediate use.

[CGD 79–032, 49 FR 25455, June 21, 1984]

§ 35.01-60   Person excluded.
top

Masters and pilots shall exclude from the pilothouse and navigation bridge while underway, all persons not connected with the navigation of the vessel. However, licensed officers of vessels, persons regularly engaged in training, regulating, evaluating, or learning the profession of pilot, officials of the United States Coast Guard, United States Navy, United States Coast and Geodetic Survey, United States Army Corps of Engineers, Maritime Administration, and National Transportation Safety Board may be allowed in the pilothouse or upon the navigation bridge upon the responsibility of the master or pilot.

[CGD 91–023, 59 FR 16779, Apr. 8, 1994]

Subpart 35.03—Work Vests
top
§ 35.03-1   Application—TB/ALL.
top

(a) Provisions of this subpart shall apply to all tank vessels.

§ 35.03-5   Approved types of work vests—TB/ALL.
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(a) Each buoyant work vest carried under the permissive authority of this section must be approved under—

(1) Subpart 160.053 of this chapter; or

(2) Subpart 160.077 of this chapter as a commercial hybrid PFD.

[CGD 78–174A, 51 FR 4350, Feb. 4, 1986]

§ 35.03-10   Use—TB/ALL.
top

(a) Approved buoyant work vests are considered to be items of safety apparel and may be carried aboard tank vessels to be worn by crew members when working near or over the water under favorable working conditions. They shall be used under the supervision and control of designated ship's officers. When carried, such vests shall not be accepted in lieu of any portion of the required number of approved life preservers and shall not be substituted for the approved life preservers required to be worn during drills and emergencies.

§ 35.03-15   Shipboard stowage—TB/ALL.
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(a) The approved buoyant work vests shall be stowed separately from the regular stowage of approved life preservers.

(b) The locations for the stowage of work vests shall be such as not to be easily confused with that for approved life preservers.

§ 35.03-20   Shipboard inspections—TB/ALL.
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(a) Each work vest shall be subject to examination by a marine inspector to determine its serviceability. If found to be satisfactory, it may be continued in service, but shall not be stamped by a marine inspector with a Coast Guard stamp. If a work vest is found not to be in a serviceable condition, then such work vest shall be removed from the vessel. If a work vest is beyond repair, it shall be destroyed or mutilated in the presence of a marine inspector so as to prevent its continued use as a work vest.

§ 35.03-25   Additional requirements for hybrid work vests.
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(a) In addition to the other requirements in this subpart, commercial hybrid PFD's must be—

(1) Used, stowed, and maintained in accordance with the procedures set out in the manual required for these devices by §160.077–29 of this chapter and any limitation(s) marked on them; and

(2) Of the same or similar design and have the same method of operation as each other hybrid PFD carried on board.

[CGD 78–174A, 51 FR 4350, Feb. 4, 1986; 51 FR 15497, Apr. 24, 1986]

Subpart 35.05—Officers and Crews
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§ 35.05-1   Licensed officers and crews of tankships—T/ALL.
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No tankship of the United States shall be navigated unless she shall have in her service and on board such complement of licensed officers and crew, including certificated lifeboatmen and certificated tankermen where required by the regulations in this subchapter, separately stated, as called for in her certificate of inspection.

§ 35.05-5   [Reserved]
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§ 35.05-10   [Reserved]
top
§ 35.05-15   Tank vessel security—TB/ALL.
top

(a) Manned tank vessel. At least one member of the crew of a manned tank vessel shall be on board at all times except when the vessel is gas free or is moored at a dock or terminal at which watchman service is provided.

(b) Unmanned barge. (1) The owner, managing operator, master, and person in charge of a vessel towing a tank barge that need not be manned, and each of them, shall be responsible for monitoring the security and integrity of the tank barge and for ensuring adherence to proper safety precautions. These responsibilities include, but are not limited to—

(i) Ensuring that any tank barge added to the tow has all tank openings properly secured; has its freeing-ports and scuppers, if any, unobstructed; meets any loadline or freeboard requirements; and neither leaks cargo into the water, voids, or cofferdams nor leaks water into the tanks, voids, or cofferdams;

(ii) Ensuring that every tank barge in the tow is properly secured within the tow;

(iii) Ensuring that periodic checks are made of every tank barge in the tow for leakage of cargo into the water, voids, or cofferdams and for leakage of water into the tanks, voids, or cofferdams;

(iv) Knowing the cargo of every tank barge in the tow, any hazards associated with the cargo, and what to do on discovery of a leak;

(v) Ensuring that the crew of the vessel know the cargo of every tank barge in the tow, any hazards associated with the cargo, and what to do on discovery of a leak;

(vi) Reporting to the Coast Guard any leaks from a tank barge in the tow into the water, as required by 33 CFR 151.15; and

(vii) Ensuring that the crew of the vessel and other personnel in the vicinity of the tank barges in the tow follow the proper safety precautions for tank vessels, and that no activity takes place in the vicinity of the barges that could create a hazard.

(2) When a barge is moored and contains more oil than the normal clingage and unpumpable bilge or sump residues, the barge must be kept under surveillance by a person responsible for the security of the barge and for keeping unauthorized persons off the barge.

(3) When a barge is moored and contains no oil but is not gas free:

(i) It must be maintained under surveillance as required in paragraph (b)(2) of this section; or

(ii) All cargo tank hatches must be clearly marked in not less than three inch lettering “Danger—Keep Out,” and all hatch covers must be closed and dogged down in such a way that the hatch cannot be opened by the use of bare hands alone.

[CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 80–009,48 FR 36459, Aug. 11, 1983; CGD 79–116, 60 FR 17155, Apr. 4, 1995]

§ 35.05-20   Physical condition of crew—TB/ALL.
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No person shall be engaged as a member of the crew on a tank vessel if he is known by the employer to be physically or mentally incapable of performing the duties assigned him.

§ 35.05-25   Illness, alcohol, drugs—TB/ALL.
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(a) No person, known by the individual in charge of a tank vessel to be under the influence of liquor or other stimulant, or to be ill to such an extent as to unfit him for any particular service on the tank vessel, shall be allowed to perform such service while in such condition.

(b) When a member of the crew of a tank vessel which is loading bulk cargo of Grade A, B, or C arrives at the gangway and is observed to be in an intoxicated condition, he shall not be permitted to board the vessel without escort.

Subpart 35.07—Logbook Entries
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§ 35.07-1   Application—TB/ALL.
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(a) Except as specifically noted, the provisions of this subpart shall apply to all tank vessels.

§ 35.07-5   Logbooks and records—TB/ALL.
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(a) The master or person in charge of a vessel that is required by 46 U.S.C. 11301 to have an official logbook shall maintain the logbook on form CG-706. The official logbook is available free to masters of U.S.-flag vessels from the officer in Charge, Marine Inspection, as form CG-706B or CG-706C, depending on the number of persons employed in the crew. When the voyage is completed, the master or person in charge shall file the logbook with the Officer in Charge, Marine Inspection.

(b) The master or person in charge of a vessel that is not required by 46 U.S.C. 11301 to have an official logbook, shall maintain, on board, an unofficial logbook or record in any form desired for the purposes of making entries therein as required by law or regulations in this subchapter. Such logs or records are not filed with the Officer in Charge, Marine Inspection, but must be kept available for review by a marine inspector for a period of 1 year after the date to which the records refer. Separate records of tests and inspections of fire fighting equipment must be maintained with the vessel's logs for the period of validity of the vessel's certificate of inspection.

[CGD 95–027, 61 FR 25999, May 23, 1996]

§ 35.07-10   Actions required to be logged—TB/ALL.
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(a) General—TB/ALL. The actions and observations noted in this section shall be entered in the Official Logbook or in logs or records considered to take place of the Official Logbooks. This section contains no requirements which are not made in specific laws or in other regulations in this subchapter, the items being merely grouped together for convenience.

(b) Entries—T/ALL. Entries shall be made in the logs of tankships with respect to the following:

(1) Onboard training, musters, and drills: held in accordance with subchapter W (Lifesaving Appliances or Arrangements) of this chapter.

(2) Draft and load line marks. For tankships of 150 gross tons and over, prior to leaving port for ocean, coastwise, and Great Lakes voyages only. See §35.20–5.

(3) Verification of vessel compliance with applicable stability requirements. After loading and prior to departure and at all other times necessary to assure the safety of the vessel. See §35.20–7.

(4) Steering gear tests. Prior to departure, or for tank ships on voyages of less than 48 hours duration or tankships operating on lakes, bays, sounds and rivers, once every week. See §35.20–10.

(5) Fuel oil data. Upon receipt of fuel oil on board to be used as fuel. See §35.25–10.

(6) Inspections and tests of firefighting equipment. Once every year. See §31.10–18 of this subchapter.

(7) Operation and inspection of the emergency lighting and power systems. Once in each week that the vessel is navigated. See §35.10–15.

(8) Cargo gear inspections: At least once a month. See §31.37–70 of this subchapter.

(c) Entries—B/ALL. Entries shall be made in the records for tank barges with respect to the following:

(1) Inspections and tests of firefighting equipment. Once every year. See §31.10–18 of this subchapter.

(2) Draft and load line marks. For tank barges of 150 gross tons and over, prior to leaving port for ocean, coastwise, and Great Lakes voyages only.

(3) Cargo gear inspections: At least once a month. See §31.37–70 of this subchapter.

(4) Verification of vessel compliance with applicable stability requirements. After loading and prior to departure and at all other times necessary to assure the safety of the vessel. See §35.20–7.

[CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 89–037, 57 FR 41821, Sept. 11, 1992; CGD 84–069, 61 FR 25286, May 20, 1996, CGD 95–028, 62 FR 51199, Sept. 30, 1997]

Subpart 35.08—Stability Information
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§ 35.08-1   Posting of stability letter.
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If a stability letter is issued under §170.120 of this chapter, it must be posted under glass or other suitable transparent material in the pilothouse of the vessel.

[CGD 79–023, 48 FR 51006, Nov. 4, 1983]

Subpart 35.10—Fire and Emergency Requirements
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§ 35.10-1   Emergency training, musters, and drills—T/ALL.
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Onboard training, musters, and drills must be in accordance with subchapter W (Lifesaving Appliances and Arrangements) of this chapter.

[CGD 84–069, 61 FR 25286, May 20, 1996]

§ 35.10-3   Display of plans—TB/ALL.
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Barges with sleeping accommodations for more than six persons and all sef-propelled vessels shall have permanently exhibited for the guidance of the officer in charge of the vessel the following plans:

(a) General arrangement plans showing for each deck the fire control stations, the various sections enclosed by fire-resisting bulkheads, together with particulars of the fire alarms, detecting systems, the sprinkle installation (if any), the fire extinguishing appliances, means of access to different compartments, decks, etc., and the ventilating systems including particulars of the maste fan controls, the positions of dampers, the location of the remote means of stopping fans, and identification numbers of the ventilating fans serving each section. If cargo compartments are “specially suited for vehicles,” they shall be so indicated on the plan. Alternatively, at the discretion of the Commandant, the aforementioned details may be set out in any other medium, such as a booklet or on computer software, provided that the aforementioned details are available to each officer and a copy is retained on board at all times and is accessible during emergencies. For vessels constructed on or after September 30, 1997 or for existing vessels which have their plans redrawn, the symbols used to identify the aforementioned details shall be in accordance with IMO Assembly resolution A.654(16). These identical symbols can also be found in ASTM Adjunct F 1626 (incorporated by reference, see §35.01–3).

(b) Plans showing clearly for each deck the boundaries of the watertight compartments, the openings therein with the means of closure and position of any controls thereof, and the arrangements for the correction of any list due to flooding.

(c) The information contained in the plans shall be kept up-to-date, and any changes shall be recorded as soon as possible.

[CGD 95–028, 62 FR 51199, Sept. 30, 1997, as amended by USCG-2000–7790, 65 FR 58459, Sept. 29, 2000]

§ 35.10-5   Muster lists, emergency signals, and manning—T/ALL.
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The requirements for muster lists, emergency signals, and manning must be in accordance with subchapter W (Lifesaving Appliances and Arrangements) of this chapter.

[CGD 84–069, 61 FR 25287, May 20, 1996]

§ 35.10-15   Emergency lighting and power systems—T/ALL.
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(a) Where fitted, it shall be the duty of the master to see that the emergency lighting and power systems are tested and inspected at least once in each week that the vessel is navigated to be assured that the system is in proper operating condition.

(b) Internal combustion engine driven emergency generators shall be tested under load for at least 2 hours, at least once in each month that the vessel is navigated.

(c) Storage batteries for emergency lighting and power systems shall be tested at least once in each 6-month period that the vessel is navigated to demonstrate the ability of the storage battery to supply the emergency loads for the period of time specified in Table 112.05–5(a) of this chapter.

(d) The date of the tests required by this section and the condition and performance of the apparatus shall be noted in the vessel's Official Logbook or in logs or records considered to take the place of the Official Logbook.

[CGFR 65–50, 30 FR 16709, Dec. 30, 1965, as amended by CGFR 70–143, 35 FR 19905, Dec. 30, 1970]

Subpart 35.15—Notice and Reporting of Casualty and Voyage Records
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§ 35.15-1   Notice and reporting of casualty and voyage records—TB/ALL.
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The requirements for providing notice and reporting of marine casualties and for retaining voyage records are contained in part 4 of this chapter.

[CGD 84–099, 52 FR 47535, Dec. 14, 1987; 53 FR 13117, Apr. 21, 1988]

Subpart 35.20—Navigation
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§ 35.20-1   Notice to mariners; aids to navigation—T/OCLB.
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(a) Licensed officers are required to acquaint themselves with the latest information published by the Coast Guard and the National Imagery and Mapping Agency regarding aids to navigation, and neglect to do so is evidence of neglect of duty. It is desirable that vessels navigating oceans and coastwise and Great Lakes water shall have available in the pilothouse for convenient reference at all times a file of the applicable Notice to Mariners.

(b) Weekly Notices to Mariners (Great Lakes Edition), published by the Commander, 9th Coast Guard District, contain announcements and information on changes in aids to navigation and other marine information affecting the safety of navigation on the Great Lakes. These notices may be obtained free of charge, by making application to Commander, 9th Coast Guard District.

(c) Weekly Notices to Mariners (worldwide coverage) are prepared jointly by the National Imagery and Mapping Agency, National Ocean Service, and the U.S. Coast Guard. They include changes in aids to navigation in assembled form for the 1st, 5th, 7th, Greater Antilles Section, 8th, 11th, 13th, 14th, and 17th Coast Guard Districts. Foreign marine information is also included in these notices. These notices are available without charge from the National Imagery and Mapping Agency, U.S. Collector of Customs of the major seaports in the United States and are also on file in the U.S. Consulates where they may be inspected.

(d) As appropriate for the intended voyage, all vessels must carry adequate and up-to-date:

(1) Charts;

(2) Sailing directions;

(3) Coast pilots;

(4) Light lists;

(5) Notices to mariners;

(6) Tide tables;

(7) Current tables; and

(8) All other nautical publications necessary.1

1 For United States vessels in or on the navigable waters of the United States, see 33 CFR 164.33.

[CGFR 66–33, 31 FR 15268, Dec. 6, 1966, as amended by CGFR 68–32, 33 FR 5714, Apr. 12, 1968; CGD 75–074, 42 FR 5963, Jan. 31, 1977; CGD 88–070, 53 FR 34534, Sept. 7, 1988; USCG-2001–10224, 66 FR 48619, Sept. 21, 2001]

§ 35.20-5   Draft of tankships—T/OC.
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The master of every tankship shall, whenever leaving port, enter the maximum draft of his vessel in the logbook.

§ 35.20-7   Verification of vessel compliance with applicable stability requirements—TB/ALL.
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(a) Except as provided in paragraph (d) of this section, after loading and prior to departure and at all other times necessary to assure the safety of the vessel, the master or person in charge shall determine that the vessel complies with all applicable stability requirements in the vessels's trim and stability book, stability letter, Certificate of Inspection, and Load Line Certificate, as the case may be. The vessel may not depart until it is in compliance with these requirements.

(b) When determining compliance with applicable stability requirements the vessel's draft, trim, and stability must be determined as necessary.

(c) If a log book is required by §35.07–5, then the master or person in charge must enter an attestation statement verifying that the vessel complies with the applicable stability requirements at the times specified in paragraph (a) and any stability calculations made in support of the determination must be retained on board the vessel for the duration of the voyage.

(d) Stability verification is not required for tank barges whose Certificate of Inspection carries draft restrictions for purposes other than stability.

[CGD 88–037, 57 FR 41821, Sept. 11, 1992]

§ 35.20-10   Steering gear test—T/ALL.
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On all tankships making voyages of more than 48 hours' duration, the entire steering gear, the whistle, the means of communication, and the signaling appliances between the bridge or pilothouse and engineroom shall be examined and tested by a licensed officer of the vessel within a period of not more than 12 hours before leaving port. All such vessels making voyages of less than 48 hours' duration or operating on lakes, bays, sounds, and rivers shall be so examined and tested at least once in every week. The fact and time of such examination and test shall be recorded in the ship's logbook.

§ 35.20-20   Master's and officer's responsibility—TB/ALL.
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Nothing in this part shall exonerate any master or officer in command from the consequences of any neglect to keep a proper lookout or the neglect of any precaution which may be required by the ordinary practice of seamen or by the special circumstances of the case.

§ 35.20-30   Flashing the rays of a searchlight or other blinding light—T/ALL.
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No person shall flash, or cause to be flashed, the rays of a search light or other blinding light onto the bridge or into the pilothouse of any vessel under way.

[CGD 95–027, 61 FR 26000, May 23, 1996]

§ 35.20-35   Whistling—T/ALL.
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The unnecessary sounding of a vessel's whistle is prohibited within any harbor limits of the United States.

[CGD 95–027, 61 FR 26000, May 23, 1996]

§ 35.20-40   Maneuvering characteristics—T/OC.
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For each ocean and coastwise tankship of 1,600 gross tons or over, the following apply:

(a) The following maneuvering information must be prominently displayed in the pilothouse on a fact sheet:

(1) For full and half speed, a turning circle diagram to port and starboard that shows the time and the distance of advance and transfer required to alter the course 90 degrees with maximum rudder angle and constant power settings.

(2) The time and distance to stop the vessel from full and half speed while maintaining approximately the initial heading with minimum application of rudder.

(3) For each vessel with a fixed propeller, a table of shaft revolutions per minute for a representative range of speeds.

(4) For each vessel with a controllable pitch propeller a table of control settings for a representative range of speeds.

(5) For each vessel that is fitted with an auxiliary device to assist in maneuvering, such as a bow thruster, a table of vessel speeds at which the auxiliary device is effective in maneuvering the vessel.

(b) The maneuvering information must be provided for the normal load and normal ballast condition for:

(1) Calm weather—wind 10 knots or less, calm sea;

(2) No current;

(3) Deep water conditions—water depth twice the vessel's draft or greater; and

(4) Clean hull.

(c) At the bottom of the fact sheet, the following statement must appear:

Warning

The response of the (name of the vessel) may be different from those listed above if any of the following conditions, upon which the maneuvering information is based, are varied:

(1) Calm weather—wind 10 knots or less, calm sea;

(2) No current;

(3) Water depth twice the vessel's draft or greater;

(4) Clean hull; and

(5) Intermediate drafts or unusual trim.

(d) The information on the fact sheet must be:

(1) Verified six months after the vessel is placed in service; or

(2) Modified six months after the vessel is placed into service and verified within three months thereafter.

(e) The information that appears on the fact sheet may be obtained from:

(1) Trial trip observations;

(2) Model tests;

(3) Analytical calculations;

(4) Simulations;

(5) Information established from another vessel of similar hull form, power, rudder and propeller; or

(6) Any combination of the above.

The accuracy of the information in the fact sheet required is that attainable by ordinary shipboard navigation equipment.

(f) The requirements for information for fact sheets for specialized craft such as semi-submersibles, hydrofoils, hovercraft and other vessels of unusual design will be specified on a case by case basis.

[CGD 73–78, 40 FR 2689, Jan. 15, 1975]

§ 35.20-45   Use of Auto Pilot—T/ALL.
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Except as provided in 33 CFR 164.13, when the automatic pilot is used in:

(a) Areas of high traffic density;

(b) Conditions of restricted visibility; and

(c) All other hazardous navigational situations, the master shall ensure that:

(1) It is possible to immediately establish manual control of the ship's steering;

(2) A competent person is ready at all times to take over steering control; and

(3) The changeover from automatic to manual steering and vice versa is made by, or under, the supervision of the officer of the watch.

[CGD 75–074, 42 FR 5963, Jan. 31, 1977, as amended by CGD 91–204, 58 FR 27633, May 10, 1993]

Subpart 35.25—Engine Department
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§ 35.25-1   Examination of boilers and machinery by engineer—T/ALL.
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It shall be the duty of an engineer when assuming charge of the boilers to examine the same forthwith and thoroughly. If any part thereof is found in bad condition, the engineer shall immediately report the facts to the master, owner, or agent, and to the nearest Officer in Charge, Marine Inspection.

[CGD 95–027, 61 FR 26000, May 23, 1996]

§ 35.25-5   Repairs of boilers and unfired pressure vessels and reports of repairs or accidents by chief engineer—TB/ALL.
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(a) Before making any repairs to boilers or unfired pressure vessels, the chief engineer shall submit a report covering the nature of the repairs to the Officer in Charge, Marine Inspection, at or nearest to the port where the repairs are to be made.

(b) In the event of an accident to a boiler, unfired pressure vessel, or machinery tending to render the further use of the item itself unsafe until repairs are made, or if by ordinary wear such items become unsafe, a report shall be made by the chief engineer immediately to the Officer in Charge, Marine Inspection, or if at sea, immediately upon arrival at port.

§ 35.25-10   Requirements for fuel oil—T/ALL.
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(a) Oil to be used as fuel to be burned under boilers on tankships shall have a flashpoint of not less than 140°F. (Pensky-Martens Closed Cup Method, ASTM D 93) (incorporated by reference, see §35.01–3).

(b) It shall be the duty of the chief engineer to make an entry in the log of each supply of fuel oil received on board, stating the quantity received, the name of the vendor, the name of the oil producer, and the flashpoint (Pensky-Martens Closed Cup Method, ASTM D 93) (incorporated by reference, see §35.01–3) for which it is certified by the producer.

(c) It shall be the further duty of the chief engineer to draw and seal at the time the supply is received on board, a half-pint sample of each lot of fuel oil, such sample to be preserved until that particular supply of oil is exhausted.

[CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as amended by CGFR 68–82, 33 FR 18805, Dec. 18, 1968; CGD 73–254, 40 FR 40163, Sept. 2, 1975; USCG-2000–7790, 65 FR 58459, Sept. 29, 2000]

§ 35.25-15   Carrying of excess steam—TB/ALL.
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It shall be the duty of the chief engineer of any tank vessel to see that a steam pressure is not carried in excess of that allowed by the certificate of inspection, and to see that the safety valves, once set by the inspector, are in no way tampered with or made inoperative.

[CGD 95–028, 62 FR 51199, Sept. 30, 1997]

Subpart 35.30—General Safety Rules
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§ 35.30-1   Warning signals and signs—TB/ALL.
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(a) Red warning signals. During transfer of bulk cargo while fast to a dock, a red signal (flag by day and electric lantern at night) shall be so placed that it will be visible on all sides. While transferring bulk cargo at anchor, a red flag only shall be displayed.

(b) Warning sign at gangway. A sign shall be displayed to warn persons approaching the gangway, while a vessel is moored or anchored unless it is empty and gas-freed. The sign shall state in letters not less than 2 inches high substantially as follows:

Warning

No open lights.

No smoking.

No visitors.

(c) Warning sign in radio room. A sign shall be placed in radio room warning against the use of radio equipment during transfer of Grade A, B, or C liquids, except by permission of senior deck officer.

(d) [Reserved]

(e) Additional placards or signs required in connection with the movement of certain open hopper type barges are described in §35.01–45.

[CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as amended by CGFR 70–143, 35 FR 19905, Dec. 30, 1970; CGD 73–96, 42 FR 49024, Sept. 26, 1977; CGD 73–243, 45 FR 18000, Mar. 20, 1980]

§ 35.30-5   Fires, matches, and smoking—TB/ALL.
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(a) General. In making the determinations required under paragraphs (b), (c), and (d) of this section the senior deck officer on duty, who shall be a licensed officer or certificated tankerman, shall exercise his skill and experience with due regard to attendant conditions and circumstances, including consideration for location of shore side facilities, maintenance of mobility, provision for fire protection, state or change of winds, tides, sea, weather conditions, forces of nature and other circumstances generally beyond human control.

(b) Boiler fires. Boiler fires are normally permitted during cargo transfer operations: Provided, That prior to loading Grades A, B, and C cargoes, the senior deck officer on duty, who shall be a licensed officer or certificated tankerman, shall make an inspection to determine whether in his judgment boiler fires may be maintained with reasonable safety during the loading operation.

(c) Smoking. Smoking is prohibited on the weather decks of tank vessels when they are not gas free or are alongside docks. At other times and places the senior deck officer on duty, who shall be a licensed officer or certificated tankerman, shall designate when and where the crew may smoke: Provided, That prior to loading Grade A, B, or C cargo the master or senior deck officer on duty shall make an inspection to determine if and where, in his judgment, smoking may be permitted with reasonable safety during the loading operation.

(d) Matches. The use of other than safety matches is forbidden aboard tank vessels at all times.

[CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 95–012, 60 FR 48049, Sept. 18, 1995]

§ 35.30-10   Cargo tank hatches, ullage holes, and Butterworth plates—TB/ALL.
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No cargo tank hatches, ullage holes, or Butterworth plates shall be opened or shall remain open without flame screens, except under the supervision of the senior members of the crew on duty, unless the tank opened is gas free.

§ 35.30-15   Combustible gas indicator—TB/ALL.
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(a) The provisions of this section shall apply only to United States flag vessels.

(b) Manned tank barges and tankships authorized to carry Grade A, B, C, or D liquids at any temperature, or Grade E liquids at elevated temperatures, shall be provided with a combustible gas indicator suitable for determining the presence of explosive concentrations of the cargo carried. An indicator which bears the label of Underwriters' Laboratories Inc., Factory Mutual Engineering Division, or other organizations acceptable to the Commandant will be accepted as meeting this requirement.

§ 35.30-20   Emergency equipment—TB/ALL
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(a) Two emergency outfits, stored for use in widely separated, accessible locations, are required for the following:

(1) All tankships on international voyage.

(2) All tankships over 1,000 gross tons.

(3) All tankships having cargo tanks which exceed 15 feet in depth, measured from the deck to the lowest point at which cargo is carried.

(b) One emergency outfit is required for all manned tank barges having cargo tanks which exceed 15 feet in depth, measured from the deck to the lowest point at which cargo is carried.

(c) Each emergency outfit shall be equipped as follows:

(1) One pressure-demand, open-circuit, self-contained breathing apparatus, approved by the Mine Safety and Health Administration (MSHA) and by the National Institute for Occupational Safety and Health (NIOSH) and having at a minimum a 30-minute air supply, a full facepiece, and a spare charge.

(2) One lifeline with a belt or a suitable harness.

(3) One, Type II or Type III, flashlight constructed and marked in accordance with ASTM F 1014 incorporated by reference, see §35.01–3).

(4) One fire ax.

(5) Boots and gloves of rubber or other electrically nonconducting material.

(6) A rigid helmet which provides effective protection against impact.

(7) Protective clothing of material that will protect the skin from the heat of fire and burns from scalding steam. The outer surface shall be water resistant.

(d) A self-contained compressed-air breathing apparatus previously approved by MSHA and NIOSH under part 160, subpart 160.011, of this chapter may continue in use as required equipment if it was part of the vessel's equipment on November 23, 1992, and as long as it is maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection.

(e) Lifelines shall be of steel or bronze wire rope. Steel wire rope shall be either inherently corrosion resistant or made so by galvanizing or tinning. Each end shall be fitted with a hook with keeper having a throat opening which can be readily slipped over a 5/8-inch bolt. The total length of the lifeline shall be dependent upon the size and arrangement of the vessel, and more than one line may be hooked together to achieve the necessary length. No individual length of lifeline may be less than 50 feet in length. The assembled lifeline shall have a minimum breaking strength of 1,500 pounds.

[CGD 73–11R, 38 FR 27354, Oct. 3, 1973, as amended by CGD 75–074, 42 FR 5963, Jan. 31, 1977; CGD 82–042, 53 FR 17704, May 18, 1988; CGD 86–036, 57 FR 48324, Oct. 23, 1992; 57 FR 56406, Nov. 27, 1992; CGD 95–028, 62 FR 51199, Sept. 30, 1997; USCG-1999–5151, 64 FR 67177, Dec. 1, 1999]

§ 35.30-25   Explosives—TB/ALL.
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Fulminates or other detonating compounds in bulk in dry condition; explosive compositions that ignite spontaneously or undergo marked decomposition when subjected for forty-eight consecutive hours to a temperature of 167° F. or more; composition containing an ammonium salt and a chlorate; and other like explosives shall not be accepted, stored, stowed or transported on board tank vessels.

§ 35.30-30   Portable electric equipment—TB/ALL.
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Portable electric equipment must not be used in a hazardous location described in subpart 111.105 of this chapter except:

(a) Self-contained, battery-fed, explosion-proof lamps approved by Underwriters Laboratories Inc., Factory Mutual Research Corporation, or other independent laboratory recognized by the Commandant, for use in a Class I, Division 1 location for the electrical group classification of the cargo;

(b) Intrinsically safe equipment approved by Underwriters Laboratories Inc., Factory Mutual Research Corporation, or other independent laboratory recognized by the Commandant, for use in a Class I, Division 1 location for the electrical group classification of the cargo; and

(c) Any electrical equipment, if:

(1) The hazardous location is:

(i) Enclosed; and

(ii) Gas free;

(2) The adjacent compartments are:

(i) Gas free;

(ii) Inerted;

(iii) Filled with water;

(iv) Filled with Grade E liquid; or

(v) Spaces where flammable gases are not expected to accumulate; and:

(3) Each compartment where flammable gas is expected to accumulate is:

(i) Closed; and

(ii) Secured.

[CGD 74–125A, 47 FR 15230, Apr. 8, 1982]

§ 35.30-35   Spark producing devices—TB/ALL.
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(a) Where Grades A, B, C, and D liquid cargoes are involved, power driven or manually operated spark producing devices shall not be used in bulk cargo tanks, fuel oil tanks, cargo pumprooms, or enclosed spaces immediately above or adjacent to bulk cargo tanks unless all the following conditions are met:

(1) The compartment itself is gas-free;

(2) The compartments adjacent and the compartments diagonally adjacent are either:

(i) Gas-free;

(ii) Inerted;

(iii) Filled with water;

(iv) Contain Grade E liquid and are closed and secured; or

(v) Are spaces in which flammable vapors and gases normally are not expected to accumulate; and,

(3) All other compartments of the vessel in which flammable vapors and gases may normally be expected to accumulate are closed and secured.

(b) This section does not prohibit the use of small hand tools in such locations.

[CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as amended by USCG-2004–18884, 69 FR 58345, Sept. 30, 2004]

§ 35.30-40   Flammable liquid and gas fuels as ship's stores—TB/ALL.
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Flammable liquids and gases other than diesel fuel, to be used as fuel for approved equipment must satisfy the following:

(a) Stowage must be in containers approved by DOT or A.S.M.E. for the contents carried, or in a portable safety container approved by a recognized testing laboratory for the contents carried.

(b) The contents must be marked on the containers, and the containers must be labeled in accordance with DOT requirements for flammable liquids and gases.

(c) Containers must be stowed on or above the weather deck in locations designated by the master. Containers specified in paragraph (a)(1) of this section which do not exceed a capacity of five gallons may be stowed below the weather deck in a paint or lamp locker.

[CGD 80–009, 48 FR 36459, Aug. 11, 1983, as amended by CGD 86–033, 53 FR 36024, Sept. 16, 1988; CGD 95–028, 62 FR 51199, Sept. 30, 1997]

Subpart 35.35—Cargo Handling
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§ 35.35-1   Persons on duty—TB/ALL.
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(a) On each tankship required to be documented under the laws of the United States, the owner, managing operator, master, and person in charge of the vessel, and each of them, shall ensure that—

(1) Enough “Tankerman-PICs” or restricted “Tankerman-PICs”, and “Tankerman-Assistants”, authorized for the classification of cargo carried, are on duty to safely transfer liquid cargo in bulk or safely clean cargo tanks; and

(2) Each transfer of liquid cargo in bulk and each cleaning of a cargo tank is supervised by a person qualified to be the person in charge of the transfer or the cleaning under subpart C of 33 CFR part 155.

(b) On each United States tank barge subject to inspection—

(1) The owner, managing operator, master, and person in charge of the vessel, and each of them, shall ensure that no transfer of liquid cargo in bulk or cleaning of a cargo tank takes place unless under the supervision of a qualified person designated as the person in charge of the transfer or the cleaning under subpart C of 33 CFR part 155; and

(2) The person designated as the person in charge of the transfer shall ensure that—

(i) Enough qualified personnel are on duty to safely transfer liquid cargo in bulk or safely clean cargo tanks; and

(ii) The approved portable extinguishers required by Table 34.50–10(a) of this chapter are aboard and readily available before any transfer of liquid cargo in bulk or any operation of barge machinery or boilers.

(c) On each foreign tankship, the owner, managing operator, master, and person in charge of the vessel, and each of them, shall ensure that—

(1) Enough personnel, qualified for the classification of cargo carried, are on duty to safely transfer liquid cargo in bulk or safely clean cargo tanks; and

(2) Each transfer of liquid cargo in bulk and each cleaning of a cargo tank is supervised by a qualified person designated as a person in charge of the transfer or the cleaning under subpart C of 33 CFR part 155.

(d) On each foreign tank barge—

(1) The owner, managing operator, master, and person in charge of the vessel, and each of them, shall ensure that no transfer of liquid cargo in bulk or cleaning of a cargo tank takes place unless under the supervision of a qualified person designated as the person in charge of the transfer or the cleaning under subpart C of 33 CFR part 155.

(2) The person designated as the person in charge of the transfer shall ensure that enough qualified personnel are on duty to safely transfer liquid cargo in bulk or safely clean cargo tanks.

(e) The person in charge of the transfer of liquid cargo in bulk on the tank vessel shall be responsible for the safe loading and discharge of the liquid cargo in bulk.

(f) The person in charge of the transfer of liquid cargo in bulk on each United States tank vessel, when lightering to or from a foreign tank vessel, shall ensure that the person in charge on the foreign tank vessel, or his or her interpreter, is capable of reading, speaking, and understanding the English language well enough to allow a safe transfer.

[CGD 79–116, 60 FR 17155, Apr. 4, 1995]

§ 35.35-5   Electric bonding—TB/ALL.
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A tank vessel may be electrically connected to the shore piping, through which the cargo is to be transferred, prior to the connecting of a cargo hose. This electrical connection, if made, shall be maintained until after the cargo hose has been disconnected, and any spillage has been removed.

[CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as amended by CGFR 66–33, 31 FR 15268, Dec. 6, 1966]

§ 35.35-10   Closing of freeing-ports, scuppers, and sea valves—TB/ALL.
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The person in charge of each transfer of liquid cargo in bulk shall ensure that all freeing-ports and scuppers are properly plugged during the transfer except on tank vessels using water for cooling decks. Although under no circumstances may sea valves be secured by locks, the valves must be closed, and lashed or sealed, to indicate that they should not be opened during the transfer.

[CGD 79–116, 60 FR 17156, Apr. 4, 1995]

§ 35.35-15   Connecting for cargo transfer—TB/ALL.
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(a) Movement of the vessel must be considered to insure safe cargo transfer. Suitable material must be used in joints and in couplings to insure that connections are tight. A bolted flanged coupling must not have less than four bolts, under any circumstances.

(b) When cargo connections are supported by ship's tackle, the person in charge of the transfer of liquid cargo in bulk shall determine the weights involved to ensure that adequate tackle is used.

(c) Pans or buckets shall be placed under cargo hose connections on the tank vessel.

[CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 80–009, 48 FR 36459, Aug. 11, 1983; CGD 79–116, 60 FR 17156, Apr. 4, 1995]

§ 35.35-20   Inspection before transfer of cargo—TB/ALL.
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Before the transfer of liquid cargo in bulk, the person in charge of the transfer shall inspect the vessel to ensure the following:

(a) Warnings are displayed as required.

(b) No repair work in way of cargo spaces is being carried on without his permission.

(c) Cargo connections have been made as described in §35.35–15 and cargo valves are set.

(d) All cargo connections have been made to the vessel's pipeline, and not through an open end hose led through a hatch.

(e) In loading Grades A, B, and C cargoes, there are no fires or open flames present on the deck, or in any compartment which is located on, facing, open, and adjacent to that part of the deck on which cargo connections have been made.

(f) The shore terminal or the other tank vessel concerned has reported itself in readiness for transfer of cargo.

(g) All sea valves connected to the cargo piping system are closed.

(h) In loading Grades A, B, and C cargoes, that an inspection has been made to determine whether boiler fires can be maintained with reasonable safety.

(i) In loading Grades A, B, and C cargoes, that an inspection has been made to determine whether galley fires can be maintained with reasonable safety.

(j) In loading Grades A, B, or C cargoes, that an inspection has been made to determine whether smoking may be permitted with reasonable safety in areas other than the weather deck.

(k) On tankships the construction or conversion of which is started on or after July 1, 1951, which are to load or discharge Grade A cargo, all openings in the top of the tanks, except the branch vent lines and covers to ullage hole sounding pipes, are tightly closed. (See §§32.20–20 and 32.55–20 of this subchapter.)

(l) On tankships the construction or conversion of which is started on or after July 1, 1951, which are to load or discharge Grade A cargo, the method for determining the liquid level in the tank without opening ullage holes, cargo hatches or Butterworth plates is in proper order. (See §32.20–20 of this subchapter.)

(m) When a transfer operation includes collection of cargo vapor from a vessel's cargo tanks through a vapor control system not located on the vessel:

(1) Each part of the vapor collection system is aligned to allow vapor to flow to a facility vapor control system, or if lightering, to the other vessel;

(2) Vapor collection hoses or arms are connected to the vessel vapor collection connection;

(3) The electrical insulation requirements of 33 CFR 154.810(g) or §39.40–3(c) of this subchapter are provided between the vessel vapor connection and the facility or service vessel vapor connection;

(4) The maximum cargo transfer rate is determined in accordance with §39.30–1(d) of this subchapter;

(5) The maximum and minimum operating pressures at the facility vapor connection, or vessel vapor connection if lightering, are determined;

(6) The overfill control system on a tank barge, if fitted in accordance with §39.20–9(b) of this subchapter, is connected to the facility, tested and operating properly;

(7) Each alarm required by §§39.20–7, 39.20–9 and 39.40–3(a) of this subchapter has been tested not more than 24 hours prior to the start of the transfer operation and is operating properly;

(8) Each vapor recovery hose has no unrepaired loose covers, kinks, bulges, soft spots, or any other defect which would permit the discharge of vapors through the hose material, and no gouges, cuts, or slashes that penetrate the first layer of hose reinforcement; and

(9) The oxygen content of the vessel's cargo tanks, if inerted, is at or below 8 percent by volume.

[CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 80–009, 48 FR 36459, Aug. 11, 1983; CGD 88–102, 55 FR 25446, June 21, 1990; CGD 79–116, 60 FR 17156, Apr. 4, 1995]

§ 35.35-25   Approval to start transfer of cargo—TB/ALL.
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When the person in charge of the transfer of liquid cargo in bulk has ensured that the requirements of §§35.35–20 and 35.35–30 have been met, he or she may give approval to start the transfer.

[CGD 79–116, 60 FR 17156, Apr. 4, 1995]

§ 35.35-30   “Declaration of Inspection” for tank vessels—TB/ALL.
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(a) After an inspection under §35.35–20, but before a transfer of cargo, fuel oil, or bunkers may commence as described in this section and 33 CFR 156.120 and 156.150, the person in charge of the transfer shall prepare, in duplicate, a Declaration of Inspection. The original must be kept aboard the vessel, and the duplicate provided to the terminal supervisor or that person's representative. The supervisor or the representative may, upon demand, inspect the vessel to determine whether its condition is as stated on the Declaration of Inspection.

(b) The Declaration of Inspection may be in any form, but must contain at least:

Declaration of Inspection Before Transfer of Liquid Cargo in Bulk

Date____________________
Vessel____________________
Port of____________________

Product[s] being transferred—(Classification[s] and Kind[s])

____________________
____________________

I, __________, the person in charge of the transfer of liquid cargo in bulk about to begin, do certify that I have personally inspected this vessel with reference to the following requirements set forth in 46 CFR 35.35–20, and that opposite each of the applicable items listed below I have indicated whether the vessel complies with all pertinent regulations.

(1) Are warnings displayed as required?

(2) Is there any repair work in way of cargo spaces being carried on for which permission has not been given?

(3) Have cargo connections been made as described in 46 CFR 35.35–15 and are cargo valves set?

(4) Have all cargo connections been made to the vessel's pipeline and not through an open-end hose led through a hatch?

(5) Are there any fires or open flames present on the deck or in any compartment which is located on, open or adjacent to or facing the main deck of the vessels on which the cargo connections have been made?

(6) Has the shore terminal or other tank vessel concerned reported itself in readiness for transfer of cargo?

(7) Are sea valves connected to the cargo piping system closed?

(8) If Grades, A, B, or C cargoes are to be loaded and boiler fires are lighted, has an inspection been made to determine whether these fires may be maintained with reasonable safety?

(9) If Grades A, B, or C cargoes are to be loaded and galley fires are lighted, has an inspection been made to determine whether the galley fires may be maintained with reasonable safety?

(10) If Grades A, B, or C cargoes are to be loaded, has an inspection been made to determine whether smoking is to be permitted in areas not on the weather decks?

(11) If smoking is to be permitted in areas not on the weather decks, have those areas been designated?

(12) Is the inert gas system being operated as necessary to maintain an inert atmosphere in the cargo tanks in compliance with 46 CFR 32.53–5?

(13) Have the applicable sections of the vessel response plan been reviewed before commencing transfer, and arrangements or contingencies made for implementation of the Plan should the need arise?

(c) In addition to the requirements in paragraph (b) of this section, if a transfer operation includes the collection of cargo vapor from a vessel's cargo tanks through a vapor control system not located on the vessel, the Declaration of Inspection must include the following as an appendix:

(1) Is each part of the vapor collection system aligned to allow vapor to flow to the facility vapor connection or, if lightering, to the other vessel?

(2) Are the vapor collection hoses or arms connected to the vessel's vapor collection connection?

(3) Are the vessel and facility vapor connections electrically isolated?

(4) Have the initial transfer rate and the maximum transfer rate been determined?

(5) Have the maximum and minimum operating pressures at the facility vapor connection, or the vessel vapor connection if lightering, been determined?

(6) Have all alarms required by §§39.20–7, 39.20–9 and 39.40–3(a) of this subchapter been tested within 24 hours prior to the start of the transfer operation and found to be operating properly?

(7) Is each vapor recovery hose free of unrepaired loose covers, kinks, bulges, soft spots, or any other defect which would permit the discharge of vapors through the hose material, and gouges, cuts, or slashes that penetrate the first layer of hose reinforcement?

(8) Has the oxygen concentration of all inerted cargo tanks been verified to be 8 percent or less?

[CGD 80–009, 48 FR 36459, Aug. 11, 1983, as amended by CGD 88–102, 55 FR 25446, June 21, 1990; CGD 79–116, 60 FR 17156, Apr. 4, 1995; CGD 79–116, 62 FR 25135, May 8, 1997]

§ 35.35-35   Duties of person in charge of transfer—TB/ALL.
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The person in charge of the transfer of liquid cargo in bulk, fuel oil in bulk, or bunkers in bulk shall control the transfer as follows:

(a) Supervise the operations of cargo-system valves.

(b) Commence transfer of cargo at slow rate of cargo flow.

(c) Observe cargo connections for leakage.

(d) Observe pressure on cargo system.

(e) If transfer is loading (rather than discharging), observe rate of loading to avoid overflow of tanks.

(f) Comply with 33 CFR 156.120 and 156.150.

[CGD 79–116, 60 FR 17156, Apr. 4, 1995, as amended by CGD 79–116, 62 FR 25135, May 8, 1997]

§ 35.35-40   Conditions under which transfer operations shall not be commenced or if started shall be discontinued—TB/ALL.
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Cargo transfer operations shall not be started or, if started, shall be discontinued under the following conditions:

(a) During severe electrical storms.

(b) If a fire occurs on the wharf or on the tanker or in the vicinity.

§ 35.35-42   Restrictions on vessels alongside a tank vessel loading or unloading cargo of Grade A, B, or C—TB/ALL.
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(a) No vessel may come alongside or remain alongside a tank vessel in way of its cargo tanks while it is loading or unloading cargo of Grade A, B, or C without permission of the person in charge of the transfer on the tank vessel.

(b) No vessel may come alongside or remain alongside a tank vessel in way of its cargo tanks while it is loading or unloading cargo of Grade A, B, or C unless the conditions then prevailing are acceptable to the persons in charge of cargo-handling on both vessels.

[CGD 79–116, 60 FR 17156, Apr. 4, 1995]

§ 35.35-45   Auxiliary steam, air, or electric current—B/ALL.
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When discharging cargo from one or more barges, the towing vessel may furnish steam, air, or electric current for pumps on barges or dock, but in no case shall the cargo pass through or over the towing vessel.

§ 35.35-50   Termination of transfer operations—TB/ALL.
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(a) When transfer operations are completed the valves on cargo connections on the vessel shall be closed. The cargo connections shall be drained of cargo.

(b) [Reserved]

§ 35.35-55   Transfer of other cargo or stores on tank vessels—TB/ALL.
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(a) No packaged goods, freight, or ship's stores may be loaded or unloaded during the loading or unloading of cargo of Grade A, B, or C except by permission of the person in charge of the transfer of liquid cargo in bulk. No explosives may be loaded, unloaded, or carried as cargo on any tank vessel containing cargo of Grade A, B, or C.

(b) Where package and general cargo is carried directly over bulk cargo tanks, it shall be properly dunnaged to prevent chafing of metal parts and securely lashed or stowed.

[CGFR 65–50, 30 FR 16704, Dec. 30, 1965, as amended by CGD 79–116, 60 FR 17157, Apr. 4, 1995]

§ 35.35-60   Transportation of other cargo or stores on tank barges—B/ALL.
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(a) Tank barges may be permitted to transport deck cargoes directly over bulk cargo spaces when the nature of such deck cargoes and the methods of loading and unloading same do not create an undue hazard. Such tank barges shall have their decks properly dunnaged to prevent chafing between the steel parts of the vessel and the deck cargo.

(b) [Reserved]

§ 35.35-70   Maintenance of cargo handling equipment—TB/ALL.
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The cargo handling equipment shall be maintained by the tank vessel's personnel in accordance with the regulations in this subchapter, including the following:

(a) Cargo hose shall not be used in transfer operations in which the pressures are such that leakage of cargo occurs through the body of the hose.

(b) Cargo pump relief valves shall be tested at least once each year to determine that they function satisfactorily at the pressure at which they are set to open.

(c) Cargo pump pressure gage shall be tested at least once a year for accuracy.

(d) The cargo discharge piping of all tank vessels shall be tested at least once each year for tightness, at the maximum working pressure.

§ 35.35-75   Emergencies—TB/ALL.
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In case of emergencies nothing in the regulations in this subchapter shall be construed as preventing the senior officer present from pursuing the most effective action in his judgment for rectifying the conditions causing the emergency.

§ 35.35-85   Air compressors—TB/ALL.
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No person may operate, install, or reinstall an air compressor in a cargo area described in §32.35–15 of this subchapter.

[CGD 95–028, 62 FR 51200, Sept. 30, 1997]

Subpart 35.40—Posting and Marking Requirements—TB/ALL.
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§ 35.40-1   General alarm contact maker—TB/ALL.
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Each general alarm contact maker must be marked in accordance with requirements in subchapter J (Electrical Engineering Regulations) of this chapter.

[CGD 74–125A, 47 FR 15231, Apr. 8, 1982]

§ 35.40-5   General alarm bells—TB/ALL.
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General alarm bells must be marked in accordance with requirements in subchapter J (Electrical Engineering Regulations) of this chapter.

[CGD 74–125A, 47 FR 15231, Apr. 8, 1982]

§ 35.40-6   Emergency lights—TB/ALL.
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Emergency lights must be marked in accordance with requirements in subchapter J (Electrical Engineering Regulations) of this chapter.

[CGD 74–125A, 47 FR 15231, Apr. 8, 1982]

§ 35.40-7   Carbon dioxide alarm—T/ALL.
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Adjacent to all carbon dioxide fire extinguishing alarms installed after November 19, 1952, there shall be conspicuously marked: “WHEN ALARM SOUNDS VACATE AT ONCE. CARBON DIOXIDE BEING RELEASED.”

§ 35.40-10   Steam, foam, or CO2 fire smothering apparatus—TB/ALL.
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Steam, foam, or CO2fire smothering apparatus shall be marked “STEAM FIRE APPARATUS” or “FOAM FIRE APPARATUS” or “CO2FIRE APPARATUS,” as appropriate, in not less than 2-inch red letters. The valves of all branch pipes leading to the several compartments shall be distinctly marked to indicate the compartments or parts of the vessel to which they lead.

§ 35.40-15   Fire hose stations—TB/ALL.
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At each fire hose valve there shall be marked in not less than 2-inch red letters and figures: “FIRE STATION 1,” 2, 3, etc.

§ 35.40-17   Foam hose/monitor stations—T/ALL.
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(a) At each required foam hose/monitor valve there shall be marked in not less than 2-inch red letters and figures: “FOAM STATION 1,” 2, 3, etc.

(b) [Reserved]

§ 35.40-18   Water spray systems—TB/ALL.
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(a) Water spray system apparatus shall be marked: “WATER SPRAY SYSTEM,” as appropriate, in not less than 2-inch red letters.

(b) The control valve, and its control if located remotely, shall be distinctly marked to indicate the compartment protected.

§ 35.40-20   Emergency equipment—TB/ALL.
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Each locker and space where emergency equipment is stowed must be marked “EMERGENCY EQUIPMENT” or “SELF-CONTAINED BREATHING APPARATUS”, as appropriate.

[CGD 86–036, 57 FR 43824, Oct. 23, 1992]

§ 35.40-25   Fire extinguishers—TB/ALL.
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Each fire extinguisher shall be marked with a number and the location where stowed shall be marked in corresponding numbers in at least1/2inch figures.

§ 35.40-30   Instructions for changing steering gear—TB/ALL.
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Instructions in at least1/2inch letters and figures shall be posted in the steering engineroom, relating in order, the different steps to be taken in changing to the emergency steering gear. Each clutch, gear wheel, lever, valve or switch which is used during the changeover shall be numbered or lettered on a brass plate or painted so that the markings can be recognized at a reasonable distance. The instructions shall indicate each clutch or pin to be “in” or “out” and each valve or switch which is to be “opened” or “closed” in shifting to any means of steering for which the vessel is equipped. Instructions shall be included to line up all steering wheels and rudder amidship before changing gears.

§ 35.40-35   Rudder orders—TB/ALL.
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At all steering stations, there shall be installed a suitable notice on the wheel or device or in such other position as to be directly in the helmsman's line of vision, to indicate the direction in which the wheel or device must be turned for “right rudder” or “left rudder.”

§ 35.40-40   Marking and instructions for fire and emergency equipment—TB/ALL.
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Lifesaving appliances, instructions to passengers, and stowage locations for all tank vessels must be in accordance with subchapter W (Lifesaving Appliances and Arrangements) of this chapter.

[CGD 84–069, 61 FR 25287, May 20, 1996]

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