U.S.C. 375, 416, 49 U.S.C. 1655(b); 49 CFR 1.4(a)(2). Interpret or apply R.S. 4417, as amended, 4418, as amended, 4426, as amended, 4433, as amended, 4450, as amended, 4453, as amended, 4488, as amended, secs. 1, 2, 49 Stat. 1544, 1545, as amended, sec. 3, 70 Stat. 152, sec. 3, 68 Stat. 675, sec. 8, 75 Stat. 403; 46 U.S.C. 391, 392, 404, 411, 239, 222, 481, 489, 363, 367, 390b, 50 U.S.C. 198, 33 U.S.C. 1007, E.O. 11239; 3 CFR, 1964-1965 Comp, unless otherwise noted.

SOURCE: CGFR 51-11, 16 FR 3218, Apr. 12, 1951, unless otherwise noted.

Subpart 167.01-General Provisions

§ 167.01-1 Basis and purpose of part.

By virtue of the authority in R.S. 4405 (46 U.S.C. 375), as amended, and to apply the requirements of the act of October 25, 1919, as amended (41 Stat. 305; 46 U.S.C. 363), the rules and regulations in this part are prescribed and apply to public nautical school ships, except vessels of the Navy or Coast Guard. It is the intent of the regulations in this part to provide minimum standards for vessels used as nautical school ships in accordance with the various inspection statutes and to obtain their correct and uniform application. This part is not applicable to civilian nautical school ships.

§ 167.01-5 Application of regulations.

(a) Regulations in this part contain requirements for the design, construction, inspection, lifesaving equipment, firefighting and fire prevention requirements, special operating requirements and number of persons allowed to be carried on nautical school ships.

(b) Vessels owned or chartered by the United States Maritime Administration that may be used by or in connection with any nautical school are not normally considered as merchant vessels of the United States and, therefore, are not documented.

(c) Documented nautical school ships of 500 gross tons or more, on international voyages, shall comply with the standards of the International Convention for Safety of Life at Sea, 1960, for cargo vessels.

[CGFR 51-11, 16 FR 3218, Apr. 12, 1951, as amended by CGFR 69-127, 35 FR 9982, June 17, 1970]

§ 167.01-7 Ocean or unlimited coastwise vessels on inland and Great Lakes Routes.

(a) Vessels inspected and certificated for ocean or unlimited coastwise

routes shall be considered suitable for navigation insofar as the provisions of this subchapter are concerned on any inland route, including the Great Lakes.

[CGFR 59-10, 24 FR 3240, Apr. 25, 1959] § 167.01-8 Inspection of school ships using gross tonnage criterion.

(a) One of the criteria used for invocation of safety standards is the descriptions of school ships by relative sizes in gross tonnages. When it is determined in accordance with § 70.05-20 of this chapter that a particular school ship has a Bureau of Customs' assigned gross register tonnage which is not indicative of the relative physical size of the vessel, the requirements in this part and the manning shall be that applicable to a vessel of the greater relative size.

[CGFR 60-50, 25 FR 7982, Aug. 18, 1960]

§ 167.10-50 Right of appeal.

Whenever any person directly interested in or affected by any decision or action of any Officer in Charge, Marine Inspection, shall feel aggrieved by such decision or action, he may appeal therefrom to the Coast Guard District Commander having jurisdiction and a like appeal shall be allowed from any decision or action of the Coast Guard District Commander to the Commandant, whose decision shall be final: Provided, however, That application for such reexamination of the case by a Coast Guard District Commander or by the Commandant shall be made within 30 days after the decision or action appealed from shall have been rendered or taken.

Subpart 167.15-Inspections

§ 167.15-1 Inspections required.

(a) Before a vessel may be used as a nautical school ship, it shall be inspected by the Coast Guard to determine that the hull, boilers, machinery, equipment and appliances comply with the regulations in this part.

(b) Every nautical school ship subject to the regulations in this part shall be inspected annually, or oftener if necessary, by the Coast Guard to determine that the hull, boilers, machin

ery, equipment and appliances comply with the regulations in this part.

(c) Nautical school ships while laid up and dismantled and out of commission are exempt from any or all inspections required by law or regulations in this part.

§ 167.15-5 Authority of marine inspectors. Marine inspectors may at any time lawfully inspect any nautical school ship.

§ 167.15-10 Application for annual inspection.

Application in writing for the annual inspection of every nautical school ship required to be inspected by law and the regulations in this part shall be made by the master, owner, or agent to the Officer in Charge, Marine Inspection, at any local Marine Inspection Office, U.S. Coast Guard, where the nautical school ship may be operating. The application shall be on Form CG 3752, Application for Inspection of U.S. Vessel, which requires information on name and type of vessel, nature of employment and route in which to be operated, place where and date when the vessel may be inspected, and that no other application has been made to any Officer in Charge, Marine Inspection, since the issuance of the last valid certificate of inspection.

[CGFR 51-11, 16 FR 3218, Apr. 12, 1951, as amended by CGFR 64-19, 29 FR 7361, June 5, 1964]

§ 167.15-15 Application for inspection of a new nautical school ship or a conversion of a vessel to a nautical school ship.

Prior to the commencement of the construction of a new nautical school ship, or a conversion of a vessel to a nautical school ship, application for the approval of contract plans and specifications and for a certificate of inspection shall be made in writing by the owner or agent to the Officer in Charge, Marine Inspection, at the nearest local Marine Inspection Office, U.S. Coast Guard.

§ 167.15-20 Inspections of nautical school ships.

At each annual inspection, or oftener if deemed necessary, the inspector will inspect the hull, boilers, machinery, equipment, and appliances generally for compliance with the regulations in this subpart and in addition will inspect and test certain specific items as specifically set forth in this part.

§ 167.15-25 Inspection standards for hulls, boilers and machinery.

Except as otherwise provided by law or regulations in this subpart, the following standards shall be accepted as standard by the inspectors:

(a) American Bureau of Shipping "Rules for Building and Classing Steel Vessels" regarding the construction of hulls, boilers and machinery in effect on the date of inspection. These rules may be purchased from the American Bureau of Shipping, New York, N.Y.

(b) U. S. Navy Standard Construction Specification in effect on the date of inspection.

(c) U. S. Coast Guard Standard Construction Specification in effect on the date of inspection.

§ 167.15-30 Drydocking.

(a) Except for extensions as authorized by the Commandant, all vessels shall be drydocked or hauled out and made available for examination, and shall be examined by a marine inspector within the periods set forth in this paragraph, depending upon the service.

(1) Each vessel shall be drydocked or hauled out at intervals not to exceed 24 months if it is in salt water a total of more than 12 months in the 24month period since it was last drydocked or hauled out.

(2) Each vessel shall be drydocked or hauled out at intervals not to exceed 36 months if it is in salt water less than 12 months in the first 24-month period since it was last drydocked or hauled out.

(3) Each vessel shall be drydocked or hauled out at intervals not to exceed 60 months if it operates exclusively in fresh water.

Except as otherwise provided by law or regulations in this subpart, the following standards for construction are acceptable.

(a) American Bureau of Shipping "Rules for Building and Classing Steel Vessels" regarding the construction of hulls, boilers and machinery in effect on the date of inspection. These rules may be purchased from the American Bureau of Shipping, New York, N.Y.

(b) U. S. Navy Standard Construction Specification in effect on the date of inspection.

(c) U. S. Coast Guard Standard Construction Specification in effect on the date of inspection.

§ 167.20-7 Subdivision and stability.

Each vessel must meet the applicable requirements in Subchapter S of this chapter.

[CGD 79-023, 48 FR 51010, Nov. 4, 1983]

§ 167.20-10 Means of escape.

(a) On all nautical school ships where the arrangements will possibly permit, all inclosures where persons may be quartered, or where anyone may be employed, shall be provided

with not less than two avenues of escape, so located that if one of such avenues is not available another may be.

§ 167.20-15 Scupper, sanitary and similar discharges.

(a) All scupper, sanitary, and other similar discharges which lead through the ship's hull shall be fitted with efficient means for preventing the ingress of water in the event of a fracture of such pipes. The requirements do not apply to the discharges in the machinery space connected with the main and auxiliary engines, pumps, etc.

§ 167.20-17 Bilge pumps, bilge piping and sounding arrangements.

The number, capacity, and arrangement of bilge pumps and bilge piping shall be in accordance with the requirements for cargo vessels contained in Parts 50 to 61 of Subchapter F (Marine Engineering) of this chapter. Sounding pipes shall be fitted in each compartment, except those accessible at all times. The main and secondary drain systems installed in accordance with U.S. Navy or U.S. Coast Guard Construction Specifications shall be accepted as meeting the intent of this section.

[CGFR 52-43, 17 FR 9542, Oct. 18, 1952]

§ 167.20-35 Liquid ballast.

When water ballasting of fuel tanks is necessary, such oily ballast shall not be subsequently discharged overboard within any of the prohibited zones as defined by the Oil Pollution Act, 1961 (33 U.S.C. 1011), except through oily water separators which meet the requirements in § 55.10-25(n) of Subchapter F (Marine Engineering) of this chapter, or directly into sludge barges or shore facilities, or other approved means.

[CGFR 62-17, 27 FR 9046, Sept. 11, 1962]

Subpart 167.25-Marine Engineering

§ 167.25-1 Boilers, pressure vessels, piping and appurtenances.

(a) Except as otherwise provided by law or regulations in this subpart, all vessels constructed or reconverted to

use as nautical school ships on or after July 1, 1951, shall conform with one of the following standards for boilers, pressure vessels, piping and appurte

nances:

(1) Marine engineering regulations in Parts 50 to 63, inclusive, of Subchapter F (Marine Engineering) of this chapter.

(2) Navy Standard Construction Specifications in effect at time of construction or conversion.

(3) U.S. Coast Guard Standard Construction Specifications in effect at time of construction or conversion.

(b) The boilers, pressure vessels, and appurtenances shall be inspected initially under the provisions of Part 52 of Subchapter F (Marine Engineering) of this chapter. All alterations, replacements or repairs on nautical school ships shall conform to the applicable standards in paragraph (a) of this section insofar as practicable.

[CGFR 51-11, 16 FR 3218, Apr. 12, 1951, as amended by CGFR 68-82, 33 FR 18908, Dec. 18, 1968]

§ 167.25-5 Inspection of boilers, pressure vessels, piping and appurtenances.

The inspection of boilers, pressure vessels, piping and appurtenances shall be in accordance with the applicable regulations in Parts 50 to 63, inclusive, of Subchapter F (Marine Engineering) of this chapter, insofar as they relate to tests and inspection of cargo vessels.

[CGFR 68-82, 33 FR 18908, Dec. 18, 1968]

§ 167.25-20 Carrying of excess steam. 1

When it is known or comes to the knowledge of the Officer in Charge, Marine Inspection, that any steam nautical school ship is or has been carrying an excess of steam beyond that which is allowed by her certificate of inspection, the Officer in Charge, Marine Inspection, in whose zone the nautical school ship is being navigated, in addition to reporting the fact to the United States District Attorney

1Attention is called to R. S. 4437 (46 U.S.C. 413), which makes the obstructing of a safety valve a misdemeanor subject to a $200 fine and imprisonment for not to exceed 5 years.

for prosecution under R. S. 4437 (46 U.S.C. 413), shall require the owner or owners of the nautical school ship to place on the boiler a lockup safety valve which will prevent the carrying of an excess of steam and it shall be under the control of said Officer in Charge, Marine Inspection.

Subpart 167.30—Repairs or Alterations

§ 167.30-1 Notice of repairs or alterations required.

(a) It shall be the duty of the master, owner, or agent to notify the nearest Officer in Charge, Marine Inspection, whenever repairs or alterations are required, or will be made on a nautical school ship.

(b) Whenever a nautical school ship is placed upon the dock, it shall be the duty of the master, owner or agent to report the same to the Officer in Charge, Marine Inspection, so that a thorough inspection may be made by the Coast Guard to determine what is necessary to make such a nautical school ship seaworthy, if the condition or age of the nautical school ship, in the judgment of the Officer in Charge, Marine Inspection, renders such examination necessary.

§ 167.30-5 Proceeding to another port for repairs.

(a) The Officer in Charge, Marine Inspection, may issue a permit to proceed to another port for repairs, if in his judgment it can be done with safety. In the issuance of such a permit the Officer in Charge, Marine Inspection, will state upon its face, the conditions upon which it is granted.

(b) When a nautical school ship obtains a permit from the Officer in Charge, Marine Inspection, to go to another port for repairs, the Officer in Charge, Marine Inspection, shall so notify the Coast Guard District Commander, and state the repairs to be made. The Coast Guard District Commander shall notify the Coast Guard District Commander of the district where such repairs are to be made, furnishing him a copy of the report indicating the repairs ordered.