Uninspected Passenger Vessels: Information for Owner/Operators

Uninspected Passenger Vessels: Information for Owner/OperatorsUSCGAUX National Prevention Directorate

Greg KesterDirector Prevention

George PeekDivision Chief Vessel ActivitiesBACKGROUNDSmall Passenger Vessel Safety Act of 1993Divided small passenger vessels into two categories: Inspected and UninspectedUNINSPECTED DOES NOT MEAN UNREGULATED2BACKGROUNDINSPECTED: requires annual inspection and certification by the Coast Guard to operate as a passenger vessel. Compliance certificate and decal are issued.UNINSPECTED: voluntary examination program to assure that owner/operators are in compliance with federal regulations. A decal is issued.

3KEY ELEMENTSAn Uninspected Passenger Vessel 100 GT and < 300 GT may carry 12 passengers, at least one of whom is for hire.4PENALTIESIn accordance with 46 USC 4106, if a UPV is operated in violation of applicable laws and regulations, the owner, charterer, managing operator, agent, master, and individual in charge are each liable for criminal or civil penalties.PassengersPASSENGER: any person on a vessel other than owner, operator, crew, or person aboard a vessel on business. (All persons aboard are either crewmembers, passengers, or Fisheries Observers. There are no other guests or observers.)PASSENGER FOR HIRE: Passenger for whom a consideration is contributed as a condition of carriage. [NOTE: If passengers are not allowed aboard without some type of payment, then the vessel is a UPV.]

Uninspected Passenger VesselA vessel not subject to inspection by the Coast Guard under 46 USC 3301 less than 100 gross tons:Carrying no more than 6 passengers, at least one of whom is for hire, orChartered with the crew provided by the owner/operator, and carrying six or fewer passengers.EXCEPTION: Vessels between 100 and 300 gross tons may carry up to 12 passengers as a UPV.Personnel CredentialingEvery UPV must be under the direction and control of an individual credentialed by the U S Coast Guard.The original license or Merchant Mariner Credential (MMC) must be aboard and be available for immediate presentation to CG officials whenever passengers are being carried for hire.Initial issuance of the MMC requires a TWIC. Renewals of the MMC do not require a current TWIC.CREW/WORK HOUR LIMITATIONSThere are no requirements for mates or other UPV personnel who are not in control of the vessel to hold a CG credential or be documented.WATCHSTANDING: a credentialed individual may not be required to work more than 12 hours in a 24 hour period at sea, except in case of emergency. May voluntarily work more than 12 hours, but must maintain adequate watch.A two watch system is recommended for voyages lasting more than 12 hours.VESSEL DOCUMENTATIONAll UPVs over five net tons must have a Certificate of Documentation (COD) bearing a valid endorsement for the activity in which it is engaged. [National Vessel Documentation Center.] Original COD must be aboard the vessel.Display of Official Number:BLOCK type Arabic numerals at least 3 in heightPreceded by the abbreviation NO.Clearly marked on some interior structural part of the hullMust be permanently affixedVESSEL DOCUMENTATIONEXTERIOR: UPV name must be marked on some CLEARLY visible part of the port and starboard bow and on the stern. The hailing port must be on a visible exterior portion of the stern and must be a place in the United States to include state, territory, or possession in which it is located.STATE REGISTERED VESSELSMust have a valid state registration certificate aboard when underway, indicating commercial service.Numerals and letters for state registered vessels must:Be plain BLOCK lettersBe permanently attached to the forward half of each side of the vesselBe in contrast to the background colorHave spacing between letters and numbers equal to the width of one letter (not I or 1).DRUG TESTINGApplies to all CG credentialed crewmembers, operators, and/or masters acting under the authority of a credentialed MMC.Applies also to all crewmembers who do not hold a MMC, but whose duties directly affect the safe operation of the vessel.Crewmember includes all individuals who perform any safety sensitive duty aboard.Pre-employment drug testing must be negative before a person may be hired.DRUG/ALCOHOL TESTINGPre-Employment testingPeriodic Testing (required physical exam)Random TestingReasonable Cause TestingSerious Marine Incident (32 hours for drugs; 2 hours for alcohol)Marine casualty involving deathInjury requiring professional medical treatmentDamage to property in excess of $100,000Actual or constructive loss of inspected vesselActual or constructive loss of any vessel >100GTDischarge of oil of 10000 gallons or moreDischarge of a reportable quantity of hazardous substanceDRUG TESTINGFailure of a drug testDenial of employment/removal from employmentRevocation or suspension of MMCRECORDSPositive or non-negative results must be kept for five yearsNegative results must be kept for one year2-year history required for new hiresThree year record retention for new hires (regardless of length of employment)Some UPV operators may be required to file MIS reportsALCOHOLA person is prohibited from operating a UPV while intoxicated.A person is considered intoxicated if the blood alcohol content (BAC) is 0.04 or more by weight.A person may be considered intoxicated when the substance has an apparent and observable effect on his/her manner, disposition, speech, and/or muscular movement.A UPV must carry sufficient alcohol testing kits to test operator and crew if the vessel cannot accomplish shore based alcohol testing within two hours.46 CFR 16.200 ff; 33 CFR 95.035; 49 CFR 40.25; 33 CFR 95.015, .020, and .045MARINE CASUALTY REPORTINGDOCUMENTED VESSELS must notify the nearest Coast Guard Sector IMMEDIATELY whenever a vessel is involved in a marine casualty.Unintentional grounding or bridge strikeIntended grounding that creates a hazard to navigationLoss of main propulsion, primary steering, or any system that reduces maneuverability of the vesselAn occurrence that adversely affects the seaworthiness of the vessel, including fire, flood, failure/damage of fire fighting, lifesaving, auxiliary power, or bilge pumping systemsMARINE CASUALTY REPORTINGLoss of lifeInjury requiring professional medical treatmentAny injury or loss of life to any person while diving from a vessel and using UBAOccurrence causing property damage above $25,000 including labor and materialsSTATE REGISTERED VESSELS report to state authorities where vessel is registered or where the incident occurred (or both).MARINE CASUALTY REPORTINGIn addition to an immediate verbal report, the owner, master, operator, or person in charge must file a written report within five days to the nearest OCMI or Sector Prevention Office on Coast Guard form CG-2692: Report of Marine Casualty, supplemented by form CG-2692B: Report of Required Chemical Drug and Alcohol Testing following a Serious Marine Incident.

COMMUNICATIONSApplies to UPVs over 20 meters (65.5 feet).One or more VHF radios capable of channel 22A. (A second radio is required in Vessel Traffic Service (VTS) areas.)All Digital Selective Calling (DSC) radios should have a Maritime Mobile Service Identity (MMSI) number input and programmed from a GPS.COMMUNICATIONSRadio Station LicensesRadio transmitting devices on UPVs 20 meters or greater and vessels with Single Sideband (HF) radios must be licensed by the Federal Communication Commission (FCC). The license is issued to the vessel and cannot be transferred to another vessel.UPVs 20 meters or greater and vessels with HF radios must have a radio operator who holds a restricted radiotelephone operator permit or higher.CHARTS AND NAUTICAL PUBLICATIONSAll vessels must carry adequate and up-to-date:Paper charts of appropriate scale to make safe navigation possibleUS Coast Pilot (or similar publication)Coast Guard Light ListTide TablesCurrent Tables; river publicationsExtracts or copies of publications may be used as appropriate.NAVIGATIONVessels 12 meters (39.4 feet) operating on Inland Waters must carry a copy of the Inland Navigation Rules.Lights (underway, sunset to sunrise, and restricted visibility)Red and green sidelightsWhite masthead lightAdditional masthead light if 50 meters (164 feet) or greaterWhite stern lightVessels less than 12 meters (39.4 feet) may substitute one all around white light for the masthead and stern lights

NAVIGATIONLight fixtures must comply with the horizontal and vertical sectors and meet range requirements in Navigation RulesHousehold bulbs and compact fluorescent bulbs are not permitted. Use only manufacturer approved marine bulbs.UPVs 20 meters (65.6 feet) or greater must be fitted with matte black sidelight screensNAVIGATIONSOUND SIGNALSVessels less than 12 meters: Means of efficient sound signalVessels 12 to 20 meters: whistle and bell of at least 200mm (7.9 inches) diameter. Bell required if the UPV operates in any area where Inland Rules apply.Vessels 20 meters or more must have a whistle and bell of at least 300mm (11.8 inches) in diameterBell does not have to be mountedNAVIGATIONAUDIBILITY of Sound Producing DeviceVessel < 20 meters - .5NMVessel >20 meters but < 75 meters 1.0NMVessel >75 meters, but < 200 meters 1.5NMVessel > 200 meters 2.0NMGARBAGE POLLUTION PREVENTIONGeneral Requirement: No person may discharge garbage into US navigable waters and tributaries.Garbage placards required for all vessels over 26 feet in length.Must be displayed in a prominent location so crew and passengers may read themDischarge of garbage into Great Lakes or their tributaries is prohibitedGARBAGE POLLUTION PREVENTIONVessels 40 feet or greater must have a waste management plan, indicating who is responsible for the garbage, how it is collected, how it is to be stowed, and how it is disposed of.Waste Management Plan must be clearly displayed or readily available to crew and passengers.

LIFE SAVING EQUIPMENTPersonal Flotation Devices (Life Jackets)A Type I life jacket of a suitable size for each person embarked is required.Must have approved Type I retroflective material with at least 200 sq. cm. visibleCommercial hybrid may be substituted if:Always worn when underwayUsed in accordance with marked conditions on jacket and owners manualLabeled for use aboard commercial vesselsAdditional Type II or III life jackets may be carriedLIFE SAVING EQUIPMENTPersonal Flotation Devices (life jackets)On ocean, coastwise, or Great Lakes voyages each life preserver and buoyant device or vest must have a CG approved PFD (life jacket) light attached to the front shoulder area. Device or batteries must be replaced before expiration date.Ring Life BuoyUPVs 26 feet or longer must have at least one CG approved orange or white throwable ring life buoy of at least 20 inches diameter. (International must be orange.)LIFE SAVING EQUIPMENTEPIRB UPVs are not required to carry EPIRBs.Use is highly encouraged. Float-free, automatically activated, Category I, 406 MHz is best.Visual Distress Signals (VDS)All UPVs must carry three day and three night visual distress signals while operating on coastal waters, Great Lakes, or Oceans.LIFE SAVING EQUIPMENTVisual Distress SignalsVDS must be readily accessible.Each VDS must be in serviceable condition.Each VDS must be within expiration date.Each VDS must be legibly marked with the required approval number and certification statement.VDS devices may be for day use only, night use only, or for both day and night useLIFE SAVING EQUIPMENTVISUAL DISTRESS SIGNALSUPV operators are encouraged to know how to ignite flares and are encouraged to train on a shore side location. Ensure the local CG Station knows who, when, where the flare evolution will take place.Flares should be disposed of at a locally appropriate hazardous waste facilityFlares must not be displayed on the water except in a situation where assistance is needed.

LIFE SAVING EQUIPMENTGeneral requirementsLife jackets must be readily accessible at all times.Equipment designed to be thrown must be immediately available.Type I life jackets must be stowed separately from any other life jackets.All safety and lifesaving equipment must be in good and serviceable condition. (If the UPV has a life raft, it must be current with its servicing/inspection date.)FIRE FIGHTING EQUIPMENTAll fire fighting equipment must be USCG approved or UL approved for marine use and marked as such.All hand held and semi-portable extinguishers are B type (flammable liquids, grease, etc.)

LENGTHMINIMUMNUMBERNo fixed FFFF system01610162610264021406532FIRE FIGHING EQUIPMENTOne B-II may be substituted for 2 B-I extinguishers.UPVs over 65 feet (B-II required)

In addition, one B-II is required for each 1000 BHP of main engines or fraction thereof (6 maximum).Gross tonnageMinimum B-IIOverNot over---501501002FIRE FIGHTING EQUIPMENTFixed systems must be a type approved or accepted by the Coast Guard.Rechargeable fire extinguishers and fixed fire fighting systems must be inspected annually, and should have a service tag attached.FIRE PREVENTION AND SUPPRESSIONVentilationBuilt prior to 1980At least two ventilation ducts for removal of explosive or flammable gases from the bilgeAt least one duct must extend into the lower bilgeBuilt after 1980Must be ventilated by a blower systemIntake must extend into the lower third of the engine compartmentMust have a warning sign close to the ignition switchFIRE PREVENTION AND SUPPRESSIONNatural Ventilation (airflow required)Compartment containing a gasoline engineCompartment between one requiring ventilationCompartment with permanent fuel tankAny compartment with a non-metallic fuel tankSupply intake and exhaust ducts or openingsTo exterior or to another compartmentOriginate in lower third of compartmentDuct must exceed 3 square inches

FIRE PREVENTION AND SUPPRESSIONHeating, Lighting, CookingAlcoholFuel OilKeroseneWoodCharcoalLPG (liquefied petroleum gas)CNG (compressed natural gas)FIRE PREVENTION AND SUPPRESSIONSYSTEM ELEMENT COMPLIANCE STANDARD LPG Design, installation, and testing ABYC1 A-1-78, or NFPA2 302, ch. 6 LPG OdorizationABYC A-1.5.d LPG Cylinder markings and mounting ABYC A-1.6.b LPG Cylinder type (vapor withdrawal) ABYC A-1.5.b CNG Design, installation and testing ABYC A-22-78, or NFPA 302, ch. 6 CNG Odorization ABYC A-22.5.b CNG Cylinders, regulating equipment, and safety equipment: stowage, installation and testing NFPA 302, ch. 6-5.12 (UPV, page 40)

FIRE PREVENTION AND SUPPRESSIONBackfire Flame Control (built after 4/25/1940)Engines shall be equipped with an acceptable means of backfire flame controlSAE j-1928 or UL 1111Must be secured with a flame tight connectionEngine may be of a type that provides adequate protection from backfire flameSystem may disperse any flames into the atmosphere outside the vesselAlternate systems must be CG approvedSAFETY INSTRUCTION AND ORIENTATIONPrior to getting underway, inform passengers concerning:Stowage locations of life preserversProper method of donning and adjusting life preserversType and location of all life saving devicesLocation of the emergency check-off listAll UPVs shall keep a correct count of all passengers received and delivered. Beyond the boundary line requires a written manifest.SAFETY INSTRUCTION AND ORIENTATIONEmergency InstructionsRough weather/crossing hazardous barsAll water/weather tight hatches, doors, and ports closedBilges kept dry to prevent stability lossPassengers seated and evenly distributedInternational distress call and call to the Coast Guard over radiotelephone (if so equipped)SAFETY INSTRUCTION AND ORIENTATIONEmergency InstructionsMan Overboard/Person in the Water (PIW)Ring buoys thrown as close as possible to PIWLookout posted to keep PIW in sightCrewmember wearing life preserver and tending line standing by to assist with recoveryCoast Guard and nearby vessels notifiedSearch continued until after radiotelephone conversation with Coast Guard (if possible)

SAFETY INSTRUCTION AND ORIENTATIONEmergency InstructionsFire at seaCut off air supply to fire (close ports, doors, etc.)Discharge portable fire extinguishers at base of flamesIf fire in machinery spaces, shut off fuel and ventilation, and discharge fixed systemManeuver vessel to minimize effect of wind on fireNotify Coast Guard and vessels in vicinityMove passengers away from the fire, wearing life preserversMARINE SANITATION DEVICESGeneral requirementsType I discharge of fecal coliform bacteria less than 1,000 per 100 ml and no visible solidsType II discharge of fecal coliform bacteria less than 200 per 100 ml, and suspended solids not greater than 150 milligrams per literType III designed to prevent overboard discharge. Holding tanks can be discharged outside the three mile line.Type III Y valve must be secured in US navigable waters to prohibit accidental discharge inside three milesMARINE SANITATION DEVICESUPVs with installed toilet facilities must have Type II or Type III MSD.UPV over 65 may use an approved Type I devicePortable toilets or port-a-potties are not considered installed toilets. Discharge of their untreated sewage into coastal waters, estuaries, and internal waters is prohibited.Some states have established No Discharge Zones in addition to the general federal requirements.

MARINE SANITATION DEVICESMSD PlacardEach Type I or Type II must have an attached placard that provides:Name of manufacturerName and model number of the deviceMonth and year of completion of manufactureSerial numberWhether the device is certified for use on an inspected or uninspected vesselWhether the device is a Type I, II, or III Operating instructions, safety precautions, and warnings must be posted. Locking the head door applies only to Type I and Type II devices.OIL POLLUTION PREVENTIONNo person may intentionally drain oil or hazardous materials from any source into the bilge.No person may operate a US non-oceangoing UPV in US navigable waters unless it has the capacity to retain on board all oily mixtures, and is equipped to discharge such mixtures to a reception facility.

OIL POLLUTION PREVENTIONAll vessels over 26 must post a Discharge of Oil Prohibited placard in each machinery space and bilge system control station

OIL POLLUTION PREVENTIONOceangoing UPVsMust have capacity to retain all oily mixtures on board to be discharged to a reception facility orHave an approved oily-water separator.An oily-residue tank is not required.Non-oceangoing UPVsMust have the capacity to retain all oily mixtures on board to be discharged to a reception facility;May retain oily mixtures in bilges; an oily residue tank is not required.SPECIAL PERMITSOn a case by case basis, the Officer in Charge of Marine Inspections (OCMI) may issue special permits, e.g., charitable eventsFor a Marine Event of National Significance a vessel may be issued a permit to carry passengers for hire (CG-949 Permit to Carry Excursion Party)ADDITIONAL RECOMMENDED SAFETY ITEMSSafety Training ProgramFireFloodingMan overboardAbandon shipEmergency/distress communicationCPR and First Aid

ADDITIONAL RECOMMENDED SAFETY ITEMSBilge pump and alarmBackup emergency communicationSeparate batteryHandheld VHFPortable satellite phoneEPIRBSurvival Craft sufficient for all persons aboardCG approved inflatable raft, inflatable buoyant apparatus, life floats, with lifelines, painter, and floating electric lightCONTACT INFORMATIONFor additional information or to report violations of Uninspected Passenger Vessel requirements, please contact your local Coast Guard Sector.

These may be found at http://homeport.uscg.mil

QUESTIONS

Uninspected Passenger Vessels: Information for Owner/OperatorsUSCGAUX National Prevention Directorate

Greg KesterDirector Prevention

George PeekDivision Chief Vessel Activitiesauxpeek@gmail.com