Subpart 157.01-Authority and
Purpose

§ 157.01-1 Purpose of regulations.

(a) The purpose of the regulations in this subchapter is to set forth uniform minimum requirements for the manning of vessels in accordance with the intent of Titles 52 and 53 of the Revised Statutes and acts amendatory thereof or supplemental thereto, as well as to implement various international conventions for safety of life at sea and other treaties which affect the merchant marine. The regulations are necessary to carry out the provisions of law affecting United States vessels and have force of law.

(a) The Department of Transportation Act (Pub. L. 89-670, 80 Stat. 931950, 49 U.S.C. 1651-1659), transferred to and vested in the Secretary of Transportation • all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offers and offices of the Department of the Treasury" (subsection 6(b)(1), 49 U.S.C. 1655(b)). This transfer is subject to certain conditions, modifications, and exceptions as set forth in such act. By a rule in 49 CFR 1.4(a) the Secretary of Transportation delegated to the Commandant, U.S. Coast Guard, authority to exercise certain functions, powers, and duties as set forth in subsections 6(a)(4), 6(b)(1), and 6(g) of such act (49 U.S.C. 1655), subject to conditions, exceptions and modifications as described in 49 CFR Part 1. By a rule in 49 CFR 1.9 the Secretary of Transportation continued in effect actions taken prior to April 1, 1967.

(b) The Commandant, U.S. Coast Guard, in a notice dated March 31, 1967, and effective April 1, 1967 (32 FR 5611), approved the continuation of orders, rules, regulations, policies, procedures, privileges, waivers, and other actions, which had been made, allowed, granted, or issued prior to April 1, 1967, and provided that they shall continue in effect according to their terms until modified, terminated, repealed, superseded, or set aside by appropriate authority.

[CGFR 68-32, 33 FR 5721, Apr. 12. 1968]

$157.01-10 Authority for regulations.

(a) General (1) The authority to prescribe regulations generally is set forth in R. S. 4405 and 4462, as amended (46 U. S. C. 375, and 416), as well as in other provisions of Titles 52 and 53 of the Revised Statutes and acts amendatory thereof or supplemental thereto. Under the provisions of R. S. 4403, as amended (46 U. S. C. 372), the Commandant, United States Coast Guard, superintends the administration of the vessel inspection laws and is required to produce a correct and uniform administration of the inspection laws, rules, and regulations.

(b) Manning of inspected vessels. (1) The requirements regarding the manning of inspected vessels are set forth in various statutes with many qualifications as to their applications. The regulations interpret or apply, subject to various limitations contained in the laws, R.S. 4400, as amended, 4401, as amended, 4417a, as amended, 4421, as amended, 4426, as amended, 4427, as amended, 4438, as amended, 4438a, as amended, 4453, as amended, 4463, as amended, 4477, as amended, 4488, as amended, 4551(j), as amended, sec. 2, 38 Stat. 1164, as amended, sec. 13, 38 Stat. 1169, as amended, sec. 1, 52 Stat. 753, as amended, sec. 2, 40 Stat. 549, as amended, 41 Stat. 305, as amended, secs. 1 and 2, 49 Stat. 1544, 1545, as amended, sec. 7, 49 Stat. 1936, as amended, sec. 7, 53 Stat. 1147, as amended, secs. 7 and 17, 54 Stat. 165, 166, as amended, sec. 3, 54 Stat. 347, as amended, secs. 1 to 8, 62 Stat. 232-234, as amended, sec. 3, 70 Stat. 152, and sec. 3, 68 Stat. 675 (46 U.S.C. 362, 364, 391a, 399, 404, 405, 224, 224a, 435, 222, 470, 481, 643(j), 673, 672, 672b, 223, 363, 367, 689, 247, 526f, 526p, 1333, 229a-229h, 390b, and 50 U.S.C. 198).

(c) Manning of uninspected vessels. (1) The authority for regulations regarding manning of all vessels of 200 gross tons and over, however propelled, including yachts, navigating the high seas, which are subject to the provisions of the Officers' Competency Certificates Convention, 1936 (International Labor Organization Draft Convention Numbered 53), is in R. S. 4438a, as amended (46 U.S.C. 224a). In addition, the authority for regulations regarding operators of uninspected

towing vessels, is contained in R.S. 4427, as amended (86 Stat. 423, 46 U.S.C. 405(b)).

(2) The authority for regulations regarding the licensed operator for uninspected motorboats, or other vessels of fifteen gross tons or less propelled by machinery other than steam, while carrying passengers for hire, is in secs. 7 and 17, 54 Stat. 165, 166, as amended (46 U.S.C. 526f, 526p).

(3) The authority for regulations regarding crews of uninspected vessels of 100 gross tons and upward, except fishing or whaling vessels, or yachts, or those vessels navigating rivers exclusively and the smaller inland lakes, is in sec. 13 (a) 38 Stat. 1169, as amended (46 U. S. C. 672(a)).

(R.S. 4427 as amended: 46 U.S.C. 405(b); 49 CFR 1.46(o)(3))

[CGFR 52-43, 17 FR 9532, Oct. 18, 1952, as amended by CGFR 58-8, 23 FR 2609, Apr. 19, 1958: CGFR 61-57, 26 FR 12082, Dec. 16, 1961: CGFR 69-116, 35 FR 6861, Apr. 30, 1970; CGD 72-132R, 38 FR 5750, Mar. 2, 1973]

Subpart 157.05-Application

$157.05-1 General.

(a) The regulations in this part shall be applicable to all vessels, other than inspected passenger vessels of not more than 65 feet in length, which are subject to the manning requirements contained in the navigation and vessel inspection laws of the United States.

(b) Some of the navigation and vessel inspection laws do not authorize the establishment of a minimum number of officers and members of the crew to be carried on board a vessel but state that the vessel shall not be operated or navigated unless certain manning requirements are met. In these cases, it is the responsibility of the owner, master, or person in charge or command of the vessel, to determine if the officers and crew carried meet the requirements of the applicable navigation and vessel inspection laws.

(c) At the beginning of the various subparts or sections, a more specific application is generally given for the particular portion of the text involved.

This application may be according to size and type of vessel or waters navigated or services of vessel to which the text pertains.

[CGFR 52-43, 17 FR 9532, Oct. 18, 1952, as amended by CGFR 61-14, 26 FR 3926, May 5, 1961]

Subpart 157.10-Definitions of Terms

$157.10-1 General.

(a) The terms defined in this subpart apply only to manning of vessels subject to the manning provisions in the navigation and vessel inspection laws of the United States.

§ 157.10-5 Able seaman.

(a) The term "able seaman" means any person holding a certificate of service as able seaman issued by the Coast Guard attesting to his competency and who may serve in such capacity within the restrictions placed on the certificate.

(Sec. 13, 38 Stat. 1169, as amended; 46 U.S.C. 672)

[CGFR 54-22, 19 FR 4359, July 15, 1954]

§ 157.10-10 Assistant engineer.

(a) The term "assistant engineer" means a person holding a valid license as assistant engineer issued by the Coast Guard attesting to his competency and who may serve in such capacity within the restrictions placed upon the license.

(R. S. 4438, as amended, 4438a, as amended, 4441, as amended; 46 U.S.C. 224, 224a, 229) [CGFR 54-22, 19 FR 4359, July 15, 1954]

§ 157.10-15 Chief engineer.

(a) The term "chief engineer" means any person responsible for the mechanical propulsion of a vessel and who is a holder of a valid license as chief engineer issued by the Coast Guard attesting to his competency, and who may serve in such capacity within the restrictions placed on the license.

(R. S. 4438, as amended, 44388, as amended, 4441, as amended; 46 U.S.C. 224, 224a, 229) [CGFR 54-22, 19 FR 4359, July 15, 1954]

§ 157.10-75 Staff officers.

(a) The term "staff officers" means persons in the Staff Department who hold certificates of registry as a (1) Chief Purser; (2) Purser; (3) Senior Assistant Purser; (4) Junior Assistant Purser; (5) Surgeon, or (6) Professional Nurse, which are issued by the Coast Guard.

(Sec. 1, 53 Stat. 1145, as amended; 46 U.S.C. 242)

[CGFR 52-43, 17 FR 9532, Oct. 18, 1952, as amended by CGFR 64-87, 30 FR 2028, Feb. 13, 1965]

The term "operator of uninspected towing vessels" means any person who is the holder of a valid license as operator of uninspected towing vessels issued by the Coast Guard attesting to his competency and who may serve in such capacity within the restriction placed on such license.

(R.S. 4427, as amended; 46 U.S.C. 405(b); 49 CFR 1.46(a)(3))

[CGD 72-132R, 38 FR 5750, Mar. 2, 1973] § 157.10-85 Second-class operator of uninspected towing vessels.

The term "Second-class operator of uninspected towing vesselsTM means any person who is the holder of a valid license as second-class operator of un

inspected towing vessels issued by the Coast Guard attesting to his competency and who may operate such a towing vessel only when the holder of a valid license authorizing service as an operator of uninspected towing vessels is aboard.

(R.S. 4427, as amended; 46 U.S.C. 405(b); 49 CFR 1.46(a)(3))

[CGD 72-132R, 38 FR 5750, Mar. 2, 1973]

Subpart 157.15-Manning Requirements

§ 157.15-1 Complement required by Certificate of Inspection.

(a) After inspecting a vessel pursuant to law and applicable regulations in this chapter, the Officer in Charge, Marine Inspection, shall specify in the Certificate of Inspection of all vessels except public nautical school ships the minimum complement of officers and crew necessary for the safe navigation of the vessels.

NOTE: Manning requirements for public nautical school ships are covered by § 167.60-15 of Subchapter R (Nautical Schools) of this chapter.

(b) The manning requirements for a particular vessel are determined by the Officer in Charge, Marine Inspection, after a thorough consideration of the applicable laws cited in § 157.0110(b) and the regulations in this part together with the many factors involved, such as size, type, proposed routes of operation, cargo carried, type of business in which employed, etc.

(c) One of the criteria used for invocation of manning standards is the description of passenger vessels and public nautical school ships by relative sizes in gross tonnages. When it is determined under § 70.05-20 or § 167.01-8 of this chapter that a particular vessel has a Bureau of Customs' assigned gross register tonnage which is not indicative of the relative physical size of the vessel, the manning shall be that applicable to a vessel of the greater relative size.

[CGFR 61-14, 26 FR 3926, May 5, 1961]

§ 157.15-5 Changes in Certificate of Inspection.

(a) All applications for changes in certificates of inspection relative to crew requirements shall be made to the Officer in Charge, Marine Inspection at or nearest the port where the vessel actually is at the time the request is made.

(b) Where changes in an outstanding certificate of inspection are necessary the Officer in Charge, Marine Inspection, will issue an amendment to the certificate of inspection.

(R.S. 4421, as amended; 46 U.S.C. 399)

§ 157.15-10 Right of appeal.

(a) 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 with respect to manning requirements, 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 action shall be final; Provided, however, That such appeals shall be made in writing within 30 days after the decision or action appealed from shall have been rendered or taken; And provided further, That pending the determination of the appeal the crew, originally specified must be carried.

(R.S. 4.83, as amended; 46 U.S.C. 222)

§ 157.15-15 Enforcement officers.

(a) In addition to collectors of customs, who are specifically designated by law as enforcement officers, all field officers and inspectors of the Coast Guard are designated as enforcement officers for the purpose of seeing that the provisions of section 2 of the Seamen's Act of 1915 as amended (38 Stat. 1164, as amended 46 U.S.C. 673), are complied with.

Subpart 157.18-Officers' Competency Certificates Convention, 1936 AUTHORITY: Interpret or apply R.S. 4438a, as amended; 46 U.S.C. 2248.

§ 157.18-1 Vessels subject to requirements of this subpart.

(a) Paragraph (1) of R.S. 4438a, as amended (46 U.S.C. 224a), states:

(1) That the Officers' Competency Certificates Convention, 1936 (International Labor Organization Draft Convention Numbered 53, "concerning the minimum requirement of professional capacity for masters and officers on board merchant ships"), as ratified by the President on September 1, 1938, with understandings appended, and this section shall apply to all vessels, however propelled, navigating on the high seas, which are registered, enrolled and licensed, or licensed under the laws of the United States, whether permanently, temporarily, or provisionally, including yachts enrolled and licensed, or licensed with the exception of

(a) Ships of war;

(b) Government vessels, or vessels in the service of a public authority, which are not engaged in trade;

(c) Wooden ships of primitive build, such as dhows and junks;

(d) Unrigged vessels;

(e) All vessels of less than two hundred gross tons.

(b) All vessels of the United States subject to R. S. 4438a, as amended (46 U.S.C. 224a) are subject to the requirements of this subpart.

[CGFR 54-43, 19 FR 6718, Oct. 19, 1954]

§ 157.18-5 Detention of vessel.

(a) The Collector of Customs, or the Coast Guard District Commander, by written order served upon the master or person in charge of a vessel, may detain any vessel of the United States which he has reason to believe is not in compliance with the requirements of R. S. 4438a, as amended (46 U.S.C. 224a), until he is satisfied that all officers employed aboard such vessel, who are required to be licensed by the Coast Guard, are in possession of the required licenses. If a vessel is detained by a written order of a Coast Guard District Commander, he should give immediate notice of such detention to the Collector of Customs from whose port the vessel will either clear or secure a permit to touch and trade in order that clearance or the issuance of a permit to touch and trade may be withheld.

[CGFR 54-43, 19 FR 6718, Oct. 19, 1954]