1. Regulations
  2. title 46
  3. chapter I-i6
  4. part 189
  5. subpart 189.01
  6. § 189.01-1

Collapse to view only § 189.01-1 - Preemptive effect.

§ 189.01-1 - Preemptive effect.

The regulations in this part have preemptive effect over State or local regulations in the same field.

[USCG-2006-24797, 77 FR 33892, June 7, 2012]

AUTHORITY: 46 U.S.C. 2113, 3306, 3307, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation 00170.1, Revision No. 01.2.

SOURCE: CGFR 67-83, 33 FR 1118, Jan. 27, 1968, unless otherwise noted.

CITE AS: 46 CFR 189.01-1

§ 189.01-2 - When required.

(a) Except as noted in this subpart or subpart 189.05 of this part, no vessel subject to inspection and certification shall be operated without a valid certificate of inspection.

[CGFR 67-83, 33 FR 1118, Jan. 27, 1968. Redesignated by USCG-2006-24797, 77 FR 33892, June 7, 2012]

AUTHORITY: 46 U.S.C. 2113, 3306, 3307, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation 00170.1, Revision No. 01.2.

SOURCE: CGFR 67-83, 33 FR 1118, Jan. 27, 1968, unless otherwise noted.

CITE AS: 46 CFR 189.01-2

§ 189.01-5 - Posting.

(a) The original certificate of inspection shall, in general, be framed under glass or other transparent material and posted in a conspicuous place where it will be most likely to be observed. On other vessels such as barges, where the framing of the certificate under glass would be impracticable, the original certificate of inspection shall be kept on board to be shown on demand.

AUTHORITY: 46 U.S.C. 2113, 3306, 3307, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation 00170.1, Revision No. 01.2.

SOURCE: CGFR 67-83, 33 FR 1118, Jan. 27, 1968, unless otherwise noted.

CITE AS: 46 CFR 189.01-5

§ 189.01-10 - Period of validity for a Certificate of Inspection.

(a) A Certificate of Inspection is valid for 5 years. Application may be made by the master, owner, or agent for inspection and issuance of a new certificate of inspection at any time during the period of validity of the current certificate.

(b) Certificates of inspection may be revoked or suspended by the Coast Guard where such process is authorized by law. This may occur if the vessel does not meet the requirements of law or regulations in this chapter or if there is a failure to maintain the safety requirements requisite to the issuance of a certificate of inspection.

(c)(1) In the case of the following vessels, modification of the period of validity of the certificate of inspection will be permitted as set forth in this paragraph:

(i) Non-self-propelled vessels of 100 gross tons and over proceeding on the high seas or ocean for the sole purpose of changing place of employment.

(ii) Non-self-propelled vessels of 100 gross tons and over making rare or infrequent voyages on the high seas or ocean and returning to the port of departure.

(2) The certificate of inspection may be issued for a specific period of time to cover a described situation or for one voyage only but not to exceed 5 years. The certificate of inspection will include the conditions under which the vessel must operate. Unless the vessel is in compliance with this subchapter insofar as it applies to seagoing barges of 100 gross tons and over, such vessel shall not carry any person on board while underway, and the certificate of inspection will be endorsed as an unmanned seagoing barge.

[CGFR 67-83, 33 FR 1118, Jan. 27, 1968, as amended by CGFR 68-82, 33 FR 18911, Dec. 18, 1968; CGD 95-012, 60 FR 48052, Sept. 18, 1995; 60 FR 50120, Sept. 28, 1995; USCG-1999-4976, 65 FR 6509, Feb. 9, 2000]

AUTHORITY: 46 U.S.C. 2113, 3306, 3307, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation 00170.1, Revision No. 01.2.

SOURCE: CGFR 67-83, 33 FR 1118, Jan. 27, 1968, unless otherwise noted.

CITE AS: 46 CFR 189.01-10

§ 189.01-15 - Temporary certificate.

(a) If necessary to prevent delay of the vessel, a temporary certificate of inspection, Form CG-854, shall be issued pending the issuance and delivery of the regular certificate of inspection. Such temporary certificate shall be carried in the same manner as the regular certificate and shall in all ways be considered the same as the regular certificate of inspection which it represents.

AUTHORITY: 46 U.S.C. 2113, 3306, 3307, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation 00170.1, Revision No. 01.2.

SOURCE: CGFR 67-83, 33 FR 1118, Jan. 27, 1968, unless otherwise noted.

CITE AS: 46 CFR 189.01-15