Difference between USC & CFR

• USC stands for United States Code• CFR stands for Code of Federal Regulations• USC contains laws - what you're supposed to

do - and the CFR contains regulations - how you're supposed to do it.

• CFRs are divided up into sections, subchapters, and parts. For example, 46 CFR covers shipping. Each part within the section covers a specific vessel type. For example, 46 CFR part 26 covers UPV operations.

Vessels Subject to Inspection

46 USC 3301 lists the types of vessels that are subject to inspection.

1. Freight Vessels2. Nautical School Vessels3. Offshore Supply Vessels4. Passenger Vessels5. Sailing School Vessels6. Seagoing Barges7. Seagoing Motor Vessels8. Small Passenger Vessels

14. Steam Vessels15. Tank Vessels16. Fish Processing Vessels17. Fish Tender Vessels18. Great Lakes Barges19. Oil Spill Response Vessels20. Towing Vessels

Vessel Definitions

Passenger Vessel: 46 USC 2101 (22) – carrying more than 12 passengers.

Small Passenger Vessel (SPV): 46 USC 2101 (35) –carrying more than 6 passengers.

Uninspected Passenger Vessel (UPV): 46 USC 2101 (42) – carrying not more than 6 passengers.

UPV Exams

Once issued, how long is the UPV Courtesy Examination decal valid?a. 2 yrsb. 5 yrsc. 1 yrd. 6 months

UPV Exams

c. 1 Year…

• UPV exams are non-punitive inspections• The exams are normally conducted by Coast

Guard Auxiliary, but are sometimes conducted by Active Duty personnel

• Random boarding’s conducted by Coast Guard do not satisfy the UPV exam criteria

UPV Exams

True or False: A valid Courtesy Dockside Exam Sticker exempts your boat from being boarded by the Coast Guard on the water.

UPV Exams

False...• Having a valid decal decreases your chance of

being boarded by Coast Guard• If boarded, it is typically abbreviated• Scheduling of UPV exams

– Contact your local UPV program manager• UPV Checklist

Subchapter Q

• 46 CFR parts 159-165: Also known as Subchapter Q or Q-Specs

• Subchapter Q explains how safety equipment is manufactured

• Ex. “U. S. Coast Guard Approval Number 160.064/4133/0”

Types of Personal Floatation Devices

Type I = Life PreserverType II = Buoyant VestType III = Work VestType IV = Marine Buoyant Device (i.e. Marine

Life Buoys)Type V = Inflatable PFD

46 CFR 25.25-5 – Life Preservers

What type of PFD must be available for passengers for hire aboard a charter boat?a. Type I b. Type IIc. Type IIId. Type IV

46 CFR 25.25-5 – Life Preservers

Type I…

46 CFR 25.25-5 (b) is not applicable to UPVs, unless you operate as a recreational vessel.

46 CFR 25.25-5 (c) states each vessel carrying passengers for hire must have at least one life preserverapproved under subchapter Q of a suitable size for each person on board.

33 CFR 175.15: PFDs Required

True or False: A child passenger under the age of 13 years old is required to wear a PFD while underway on a charter fishing boat.

33 CFR 175.15: PFDs Required

FALSE…• Vessels in commercial service carrying passengers for

hire do not require a child under the age of 13 to wear a PFD at all times.

– Reason: commercial vessels are required to be operated by a licensed mariner and commercial vessels are held to a higher safety standard.

• Recreational vessels; 33 CFR 175.15 (c) requireschildren under the age of 13 to wear a PFD at all times, unless below deck or in an enclosed cabin.

True or False: Safety orientations must be conducted before getting underway when carrying passengers for hire.

Safety Orientations Exercise

True…46 CFR 26.03-1 (a) states, “Before getting underway on any UPV, the operator or master must ensure that suitable public announcements, instructive placards, or both, are provided…”

Safety Orientations Exercise

True or False: The operator of a UPV must post his/her license somewhere on the vessel.

Posting of OUPV License

False...46 CFR 26.20-1 states the operator of a UPV must have the license in his or her possession and must produce it immediately upon the request of a Coast Guard boarding officer.

Note: the original is required.

Posting of OUPV License

• Log Books: Log books are not required, but are admissible in an Administrative Hearing. This is a good way to keep track of what happened on each trip.

– Passenger & crewmember names and contact info– Activities that occurred on the vessel during the trip– Log departure and arrival times– Log if alcohol was consumed by passengers…if so, what kind and how

much.– Log the time the safety orientation was conducted– When you conducted drills and who was present– The more details the better

LT Robinson’s Recommendations…

• First Aid Kits: First Aid Kits are not required, but recommended.

• Drills: Conduct drills with your crewmembers prior to taking passengers out on trips and allow them to become familiar with your boat just in case something happens to you.

• CPR/Basic First Aid: Keep current on your training.• Alcohol Test Kits: Good way to ensure alcohol was

not a factor in your decisions.

LT Robinson’s Recommendations…

46 CFR 16.105 Marine EmployerMarine Employer means the owner, managing operator, charterer, agent, master, or person in charge of a vessel, other than a recreational vessel.

46 CFR 16.105 Crewmember Crewmember means an individual who is:(a) On board a vessel acting under the authority of a license, certificate of registry, or

merchant mariner's document issued under this subchapter, whether or not the individual is a member of the vessel's crew; or

(b) Engaged or employed on board a vessel owned in the United States that is required by law or regulation to engage, employ, or be operated by an individual holding a license, certificate of registry, or merchant mariner's document issued under this subchapter, except the following:(1) Individuals on fish processing vessels who are primarily employed in the preparation

of fish or fish products, or in a support position, and who have no duties that directly affect the safe operation of the vessel;

(2) Scientific personnel on an oceanographic research vessel;(3) Individuals on industrial vessels who are industrial personnel, as defined in this

chapter; and(4) Individuals not required under part 15 of this subchapter who have no duties that

directly affect the safe operation of the vessel.

Captain A has a charter booked for Saturday with five passengers for hire. Captain A wants a crewmember but doesn’t know any. Captain A calls his buddy, Captain B, and asks to borrow his crewmember. The crewmember has been enrolled in a consortium, which means he has been subject to random testing for the six months. The crewmember has never worked for Captain A.

Question: Does Captain A need to do a pre-employment test on the crewmember?

46 CFR 16.210: Pre-employment Testing Requirements

No…46 CFR 16.210 states when a pre-employment test is required.

46 CFR 16.210: Pre-employment Testing Requirements

Contact Information

LT Nathaniel RobinsonOffice: 603-433-7324 x 265

E-mail: nathaniel.l.robinson@usch.mil