This subpart applies to each vessel that loads grain in bulk, except vessels engaged solely on voyages on rivers, lakes, bays, and sounds or on voyages between Great Lake ports and St. Lawrence River ports as far east as a straight line drawn from Cape de Rosiers to West Point, Anticosti Island and as far east of a line drawn along the 63rd meridian from Anticosti Island to the north shore of the St. Lawrence River.

(a) Except as specified in § 172.030, each vessel that loads grain in bulk must have a Document of Authorization issued in accordance with one of the following:

(1) Section 3 of the International Code for the Safe Carriage of Grain in Bulk if the Document of Authorization is issued on or after January 1, 1994. As used in the Code, the term “Administration” means “U.S. Coast Guard”.

(2) Regulation 10 part (a) of the Annex to IMO Assembly resolution A.264(VIII) if the Document of Authorization was issued before January 1, 1994.

(b) The Commandant recognizes the National Cargo Bureau, Inc., 17 Battery Place, Suite 1232, New York, New York 10004-1110, for the purpose of issuing Documents of Authorization in accordance with paragraph (a)(1) of this section.

(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. It is also available for inspection at Coast Guard Headquarters. Contact Commandant (CG-ENG-2), Attn: Naval Architecture Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. The material is also available from the source listed in paragraph (b) of this section.

(b) International Maritime Organization (IMO), Publications Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, + 44 (0)20 7735 7611, http://www.imo.org/.

(1) Amendment to Chapter VI of the International Convention for the Safety of Life at Sea, 1960, Resolution A.264(VIII), incorporation by reference (IBR) approved for § 172.015.

(2) Publication No. 240-E, International Code for the Safe Carriage of Grain in Bulk, IBR approved for § 172.015.

(3) Resolution MEPC.117(52), Amendments to the Annex of the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973 (IMO Res. MEPC.117(52)), Adopted on 15 October 2004, IBR approved for § 172.070.

(a) Vessels are exempt from 172.015 on voyages between:

(1) United States ports along the East Coast as far south as Cape Henry, VA;

(2) Wilmington, NC and Miami, FL;

(3) United States ports in the Gulf of Mexico;

(4) Puget Sound ports and Canadian west coast ports or Columbia River ports, or both;

(5) San Francisco, Los Angeles, and San Diego, CA.

(b) Vessels exempt by paragraph (a) of this section must comply with the following conditions:

(1) The master is satisfied that the vessel's longitudinal strength is not impaired.

(2) The master ascertains the weather to be encountered on the voyage.

(3) Potential heeling moments are reduced to a minimum by carrying as few slack holds as possible.

(4) Each slack surface must be leveled.

(5) The transverse metacentric height (GM), in meters, of the vessel throughout the voyage, after correction for liquid free surface, has been shown by stability calculations to be in excess of the required GM (GMR), in meters.

(i) The GMR is the sum of the increments of GM (GMI) multiplied by the correction factor, f and r.

(ii) The GMI for each compartment which has a slack surface of grain, i.e., is not trimmed full, is calculated by the following formula:

(c) Vessels which do not have the Document of Authorization required by § 172.015 may carry grain in bulk up to one third of their deadweight tonnage provided the stability complies with the requirements of Section 9 of the International Code for the Safe Carriage of Grain in Bulk.

(a) Before it sails, each vessel that loads grain in bulk, except vessels engaged solely on voyages on the Great Lakes, rivers, or lakes, bays, and sounds, must have a certificate of loading issued by an organization recognized by the Commandant for that purpose. The certificate of loading may be accepted as prima facie evidence of compliance with the regulations in this subpart.

(b) The Commandant recognizes the National Cargo Bureau, Inc., 180 Maiden Lane, Suite 903, New York, NY 10038, for the purpose of issuing certificates of loading.