until reweighed ashore and found to be in a serviceable condition and within required weight conditions.

(2) If the weight of the container is 4 ounce less than that stamped on container, it shall be serviced.

(3) If the outer seal or seals (which indicate tampering or use when broken) are not intact, the boarding officer or marine inspector will inspect such extinguisher to see that the frangible disc in neck of the container is intact; and if such disc is not intact, the container shall be serviced.

(4) If there is evidence of damage, use, or leakage, such as dry chemical powder observed in the nozzle or elsewhere on the extinguisher, the container shall be replaced with a new one and the extinguisher properly serviced or the extinguisher replaced with another approved extinguisher.

(h) The dry chemical, stored pressure, fire extinguishers without pressure gauges or indicating devices manufactured after January 1, 1965, shall not be labeled with the marine type label bed in § 162.028-4 of this title nor shall such extinguishers manufactured after January 1, 1965, be carried on board motorboats or other vessels as required equipment.

[CGFR 65-50, 30 FR 16653, Dec. 30, 1965, as amended by CGFR 68-32, 33 FR 5711, Apr. 12, 1968; CGFR 69-18, 34 FR 5723, Mar. 27, 1969]

§ 25.30-15 Fixed fire extinguishing systems.

(a) When a fixed fire extinguishing system is installed, it shall be of an approved carbon dioxide type, designed and installed in agreement with the applicable provisions of subpart 76.15 of subchapter H (Passenger Vessels) of this chapter.

§ 25.30-20 Fire extinguishing equipment required.

(a) Motorboats. (1) All motorboats shall carry at least the minimum number of hand portable fire extinguishers set forth in Table 25.30-20(a)(1), except that motorboats less than 26 feet in length, propelled by outboard motors and not carrying passengers for hire, need not carry such portable fire extin

(2) In addition to the hand portable fire extinguishers required by paragraph (b)(1) of this section, the following fire-extinguishing equipment shall be fitted in the machinery space:

(i) One Type B-II hand portable fire extinguisher shall be carried for each 1,000 B. H. P. of the main engines or fraction thereof. However, not more than 6 such extinguishers need be carried.

(ii) On motor vessels of over 300 gross tons, either one Type B-III semiportable fire-extinguishing system shall be fitted, or alternatively, a fixed fire-extinguishing system shall be fitted in the machinery space.

(3) The frame or support of each Type B-III fire extinguisher required by paragraph (b)(2)(ii) of this section must be welded or otherwise permanently attached to a bulkhead or deck.

(4) If an approved semiportable fire extinguisher has wheels and is not required by this section, it must be securely stowed when not in use to pre

vent it from rolling out of control under heavy sea conditions.

(c) Barges carrying passengers. (1) Every barge of 65 feet in length or less while carrying passengers when towed or pushed by a motorboat, motor vessel, or steam vessel shall be fitted with hand portable fire extinguishers as required by Table 25.30-20(a)(1), depending upon the length of the barge.

(2) Every barge of over 65 feet in length while carrying passengers when towed or pushed by a motorboat, motor vessel, or steam vessel shall be fitted with hand portable fire extinguishers as required by Table 25.30-20(b)(1), depending upon the gross tonnage of the barge.

[CGFR 65-50, 30 FR 16653, Dec. 30, 1965, as amended by CGD 77-039, 44 FR 34132, June 14, 1979; CGD 97-057, 62 FR 51042, Sept. 30, 1997]

$25.30-90 Vessels contracted for prior to November 19, 1952.

(a) Vessels contracted for prior to November 19, 1952, shall meet the applicable provisions of §§ 25.30-5 through 25.30-20 insofar as the number and general type of equipment is concerned. Existing items of equipment and installations previously approved but not meeting the applicable requirements for type approval may be continued in service so long as they are in good condition. All new installations and replacements shall meet the requirements of §§ 25.30-5 through 25.30-20. (b) [Reserved]

Subpart 25.35-Backfire Flame Control

$25.35-1 Requirements.

(a) Every gasoline engine installed in a motorboat or motor vessel after April 25, 1940, except outboard motors, shall be equipped with an acceptable means of backfire flame control.

(b) Installations made before November 19, 1952, need not meet the detailed requirements of this subpart and may be continued in use as long as they are serviceable and in good condition. Replacements shall meet the applicable conditions in this section.

(c) Installations consisting of backfire flame arresters bearing basic Approval Nos. 162.015 or 162.041 or engine air and fuel induction systems bearing

basic Approval Nos. 162.015 or 162.042 may be continued in use as long as they are serviceable and in good condition. New installations or replacements must meet applicable requirements of subpart 58.10 of this chapter.

[CGFR 65-50, 30 FR 16653, Dec. 30, 1965, as amended by CGD 88-032, 56 FR 35820, July 29, 1991]

Subpart 25.40-Ventilation

§ 25.40-1 Tanks and engine spaces.

(a) All motorboats or motor vessels, except open boats and as provided in paragraphs (d) and (e) of this section, the construction or decking over of which is commenced after April 25, 1940, and which use fuel having a flashpoint of 110° F., or less, shall have at least two ventilator ducts, fitted with cowls or their equivalent, for the efficient removal of explosive or flammable gases from the bilges of every engine and fuel tank compartment. There shall be at least one exhaust duct installed so as to extend from the open atmosphere to the lower portion of the bilge and at least one intake duct installed so as to extend to a point at least midway to the bilge or at least below the level of the carburetor air intake. The cowls shall be located and trimmed for maximum effectiveness and in such a manner so as to prevent displaced fumes from being recirculated.

(b) As used in this section, the term open boats means those motorboats or motor vessels with all engine and fuel tank compartments, and other spaces to which explosive or flammable gases and vapors from these compartments may flow, open to the atmosphere and so arranged as to prevent the entrapment of such gases and vapors within the vessel.

(c) Boats built after July 31, 1980, which are manufactured or used primarily for noncommercial use; which are leased, rented, or chartered to another for the latter's noncommercial use; which are engaged in the carriage of six or fewer passengers; or which are in compliance with the requirements of 33 CFR part 183 are exempted from these requirements.

(d) Boats built after July 31, 1978, which are manufactured or used pri

marily for noncommercial use; which are rented, leased, or chartered to another for the latter's noncommercial use; or which engage in conveying six or fewer passengers are exempted from the requirements of paragraph (a) for fuel tank compartments that:

(1) Contain a permanently installed fuel tank if each electrical component is ignition protected in accordance with 33 CFR 183.410(a); and

(2) Contain fuel tanks that vent to the outside of the boat.

[CGFR 65-50, 30 FR 16653, Dec. 30, 1965, as amended by CGD 76-082A, 44 FR 73047, Dec. 17, 1979; CGD 76-082A, 45 FR 7551, Feb. 4, 1980; CGD 95-012, 60 FR 48048, Sept. 18, 1995; CGD 95-028, 62 FR 51196, Sept. 30, 1997]

Subpart 25.45-Cooking, Heating, and Lighting Systems

§ 25.45-1 Heating and lighting systems on vessels carrying passengers for hire.

(a) No fuel may be used in any heating or lighting system on any vessel carrying passengers for hire without the approval of Commandant (G-MSE), except

(1) Alcohol, solid,

(2) Alcohol, liquid, combustible,

(3) Fuel oil, No. 1, No. 2, or No. 3, (4) Kerosene,

(5) Wood or,

(6) Coal.

(b) Heating and lighting systems using alcohol must meet the following requirements:

(1) Containers of solidified alcohol must be properly secured to a fixed base.

(2) Fluid alcohol burners, where wet priming is used, must have

(i) A catch pan of not less than 4" depth secured inside the frame of the stove; or

(ii) The metal protection under the stove flanged up at least 34" to form a pan.

(c) Heating and lighting systems using kerosene or fuel oil must meet the following requirements:

(1) Where wet priming is used, each system must have

(i) A catch pan of not less than 34" depth secured inside the frame of the stove; or

(ii) The metal protection under the stove flanged up at least 4" to form a pan.

(2) Fuel tanks must be

(1) Separated from the stove that they serve;

(ii) Mounted in a location open to the atmosphere or mounted inside a compartment that is vented to the atmosphere; and

(iii) Fitted with an outside fill and vent.

(d) Heating systems using wood or coal installed after August 9, 1989, shall * be installed in accordance with the guidelines in chapter 6 of NFPA 302.

[CGD 83-013, 54 FR 6402, Feb. 10, 1989 and CGD 83-013, 55 FR 3959, Feb. 6, 1990; CGD 95-072, 60 FR 50461, Sept. 29, 1995; CGD 96-041, 61 FR 50726, Sept. 27, 1996]

$25.45-2 Cooking systems on vessels carrying passengers for hire.

(a) No fuel may be used in any cooking system on any vessel carrying passengers for hire without the approval of Commandant (G-MSE) except those listed in §25.45-1, subject to the requirements stated therein, and liquefied petroleum gas (LPG), or compressed natural gas (CNG).

(b) Cooking systems using LPG or CNG must meet the following requirements:

(1) The design, installation, and testing of each LPG system must meet ABYC A-1-78 or chapter 6 of NFPA 302. (2) The design, installation, and testing of each CNG system must meet ABYC A-22-78 or chapter 6 of NFPA 302.

(3) Cooking systems using chapter 6 of NFPA 302 as the standard must meet the following additional requirements: (1) The storage or use of CNG containers within the accommodation area, machinery spaces, bilges, or other enclosed spaces is prohibited.

(ii) LPG or CNG must be odorized in accordance with ABYC A-1.5.d or A22.5.b, respectively.

(iii) The marking and mounting of LPG cylinders must be in accordance with ABYC A-1.6.b.

(iv) LPG cylinders must be of the vapor withdrawal type as specified in ABYC A-1.5.b.

(4) Continuous pilot lights or automatic glow plugs are prohibited for an

LPG or CNG installation using ABYC A-1 or A-22 as the standard.

(5) CNG installations using ABYC A22 as the standard must meet the following additional requirements:

(1) The stowage or use of CNG containers within the accommodation area, machinery spaces, bilges, or other enclosed spaces is prohibited.

(ii) The CNG cylinders, regulating equipment, and safety equipment must meet the installation, stowage, and testing requirements specified in paragraph 6-5.12 of NFPA 302.

(iii) The use of stowage of stoves with attached CNG cylinders is prohibited as specified in paragraph 6-5.1 of NFPA 302.

(6) If the fuel supply line of an LPG or CNG system enters an enclosed space on the vessel, a remote shut-off valve must be installed that can be operated from a position adjacent to the appliance. The valve must be located between the fuel tank and the point where the fuel supply line enters the enclosed portion of the vessel. A power operated valve installed to meet this requirement must be of a type that will fail closed.

(7) The following variances from ABYC A-1.11.b(1) are allowed for CNG: (1) The storage locker or housing access opening need not be in the top.

(ii) The locker or housing need not be above the waterline.

(8) The following variances from NFPA 302 are allowed:

(i) The storage locker or housing for CNG tank installations need not be above the waterline as required by paragraph 6-5.12.1.1(a).

(ii) Ignition protection need not be provided as required by paragraph 65.4.

[CGD 83-013, 54 FR 6402, Feb. 10, 1989, as amended by CGD 83-013, 55 FR 3960, Feb. 6, 1990; CGD 95-072, 60 FR 50461, Sept. 29, 1995; CGD 96-041, 61 FR 50726, Sept. 27, 1996]

Subpart 25.50-Garbage Retention

$25.50-1 Criteria.

Each uninspected vessel must meet the garbage discharge, waste management plan, and placard requirements of 33 CFR part 151 applicable to the vessel.

NOTE: 33 CFR 151.67 prohibits the discharge of plastic or garbage mixed with plastic into the sea or the navigable waters of the United States. "Plastic" and "garbage" are defined in 33 CFR 151.05.

[CGD 88-002A, 56 FR 8880, Mar. 1, 1991]

PART 26-OPERATIONS

Subpart 26.01-Application

Sec.

26.01-1 Applicable to all vessels.

Subpart 26.03-Special Operating Requirements

26.03-1 Safety orientation.

26.03-2 Emergency instructions.

26.03-5 Action required after accident. 26.03-10 Signaling light.

Subpart 26.08-Notice and Reporting of Casualty and Voyage Records

26.08-1 Notice and reporting of casualty and voyage records.

Subpart 26.15-Boarding

26.15-1 May board at any time.

Subpart 26.20-Exhibition of Motorboat Operator's License

26.20-1 Must be available.

Subpart 26.25 [Reserved]

Subpart 26.30-Work Vest

26.30-1 Approved unicellular plastic foam work vests.

26.30-5 Use.

26.30-10 Stowage.

AUTHORITY: 46 U.S.C. 3306, 4104, 6101, 8105; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277.; 49 CFR 1.46.

SOURCE: CGFR 65-50, 30 FR 16656, Dec. 30, 1965, unless otherwise noted.

Subpart 26.01-Application

§ 26.01-1 Applicable to all vessels.

(a) The provisions of this part shall apply to all vessels except as specifically noted.

Subpart 26.03-Special Operating Requirements

§ 26.03-1 Safety orientation.

(a) Before getting underway in any vessel carrying 6 or fewer passengers for hire, the operator in charge shall ensure that suitable public announcements, instructive placards or both are provided in a manner which affords all passengers the opportunity to become acquainted with:

(1) Stowage locations of life preservers;

(2) Proper method of donning and adjusting life preservers of the type(s) carried on the vessel;

(3) The type and location of all lifesaving devices carried on the vessel; and

(4) The location and contents of the Emergency Checkoff List required by § 26.03-2.

(b) Vessels subject to this subpart engaged in tender service at yacht clubs and marinas, and vessels being demonstrated for a potential purchaser by a yacht broker, are excluded from the requirements of § 26.03-1 and § 26.03-2. [CGD 78-009, 45 FR 11109, Feb. 19, 1980]

§ 26.03-2 Emergency instructions.

(a) The operator in charge of each vessel carrying 6 or fewer passengers for hire shall ensure than an emergency checkoff list is posted in a conspicuous, continuously accessible place to serve as a notice to the passengers and a reminder to the crew of precautionary measures which may be necessary in the event of an emergency situation.

(b) Except where any part of the emergency instructions are deemed unnecessary by the Officer in Charge, Marine Inspection, the emergency checkoff list must contain not less than the applicable portions of the sample emergency checkoff list which follows:

SAMPLE EMERGENCY CHECKOFF LIST Measures to be considered in the event of: (a) Rough weather at sea or crossing hazardous bars.

All weathertight and watertight doors, hatches and airports closed to prevent taking water aboard.

Bilges kept dry to prevent loss of stability.