Collapse to view only § 28.100 - Applicability.
- § 28.100 - Applicability.
- § 28.105 - Lifesaving equipment—general requirements.
- § 28.110 - Life preservers or other personal flotation devices.
- § 28.115 - Ring life buoys.
- § 28.120 - Survival craft.
- § 28.125 - Stowage of survival craft.
- § 28.130 - Survival craft equipment.
- § 28.135 - Lifesaving equipment markings.
- § 28.140 - Operational readiness, maintenance, and inspection of lifesaving equipment.
- § 28.145 - Distress signals.
- § 28.150 - Emergency Position Indicating Radio Beacons (EPIRBs).
- § 28.155 - Excess fire detection and protection equipment.
- § 28.160 - Portable fire extinguishers.
- § 28.165 - Injury placard.
§ 28.100 - Applicability.
Each commercial fishing industry vessel must meet the requirements of this subpart, in addition to the requirements of parts 24, 25, and 26 of this chapter.
§ 28.105 - Lifesaving equipment—general requirements.
(a) In addition to the requirements of this subpart, each commercial fishing industry vessel must comply with the requirements of part 25, subpart 25.25 of this chapter.
(b) Except as provided in § 28.120(d), each item of lifesaving equipment carried on board a vessel to meet the requirements of this part must be approved by the Commandant. Equipment for personal use which is not required by this part need not be approved by the Commandant.
§ 28.110 - Life preservers or other personal flotation devices.
(a) Except as provided by § 28.305 of this chapter, each vessel must be equipped with at least one immersion suit, exposure suit, or wearable personal flotation device of the proper size for each individual on board as specified in table 1 to § 28.110 and part 25, subpart 25.25 of this chapter. Notwithstanding the provisions of paragraphs (c) and (d) of § 25.25-1 of this chapter, each commercial fishing industry vessel propelled by sail, and each manned barge employed in commercial fishing activities, must meet the requirements of this paragraph.
(b) Each wearable personal flotation device must be stowed so that it is readily accessible to the individual for whom it is intended, from both the individual's normal work station and berthing area. If there is no location accessible to both the work station and the berthing area, an appropriate device must be stowed in both locations.
Table 1 to § 28.110—Personal Flotation Devices and Immersion Suits
Applicable waters | Vessel type | Devices required | Other regulations | Seaward of the Boundary Line and North of 32° N or South of 32° S; and Lake Superior | Documented Vessel | Immersion suit or exposure suit | 28.135; 25.25-9(a); 25.25-13; 25.25-15. | Coastal Waters on the West Coast of the United States north of Point Reyes, CA; Beyond Coastal Waters, cold water; and Lake Superior | All vessels | Immersion suit or exposure suit | 28.135; 25.25-9(a); 25.25-13; 25.25-15. | All other waters (Includes all Great Lakes except Lake Superior) | 40 feet (12.2 meters) or more in length | Wearable PFD approved under approval series 160.055, 160.155, or 160.176, or 160.255 immersion suit, or exposure suit. 1 | 28.135; 25.25-5; 25.25-9(a); 25.25-13; 25.25-15. | Less than 40 feet (12.2 meters) in length | Wearable PFD approved under subchapter Q of this chapter, immersion suit, or exposure suit. 1 | 28.135; 25.25-5; 25.25-9(a); 25.25-13; 25.25-15. |
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1 A commercial hybrid approved under former approval series 160.077 prior to [EFFECTIVE DATE OF FINAL RULE] may be substituted for a PFD approved under approval series 160.055, 160.155, 160.176, or 160.255 if it is in good and serviceable condition, used in accordance with the conditions marked on the PFD and in the owner's manual, and labeled for use on commercial vessels.
§ 28.115 - Ring life buoys.
(a) Except as provided in paragraph (b) of this section and § 28.305, each vessel must be equipped with a throwable flotation device or a ring life buoy as specified in table 28.115. If the vessel is equipped with a ring life buoy, at least one ring life buoy must be equipped with a line which is at least:
(1) 60 feet (18.3 meters) in length for a vessel less than 65 feet (19.8 meters) in length; or
(2) 90 feet (27.4 meters) in length for a vessel 65 feet (19.8 meters) or more in length.
(b) For each vessel less than 65 feet (19.8 meters) in length, an approved 20 inch (0.51 meters) or larger ring life buoy which is in serviceable condition and which was installed on board before September 15, 1991, may be used to meet the requirements of paragraph (a) of this section.
Table 28.115—Throwable Flotation Devices
Vessel length | Devices required | Less than 16 feet (4.9 meters) | None. | 16 feet (4.9 meters) or more, but less than 26 feet (7.9 meters) | 1 buoyant cushion, or ring life buoy (Type IV PFD). | 26 feet (7.9 meters) or more, but less than 65 feet (19.8 meters) | 1 ring life buoy approval number starting with 160.009 or 160.050; orange; at least 24 inch (0.61 meters) size. | 65 feet (19.8 meters) or more | 3 ring life buoys, approval number 160.050; orange; at least 24 inch (0.61 meters) size. |
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Certain Type V PFDs are approved for use in substitution for Type IV PFDs, when used in accordance with the conditions stated in the Coast Guard approval label.
§ 28.120 - Survival craft.
(a) Except as provided in paragraphs (b) through (h) of this section and 28.305, each vessel must carry the survival craft specified in table 28.120(a), table 28.120(b), or table 28.120(c), as appropriate for the vessel, in an aggregate capacity to accommodate the total number of individuals on board.
(b) The requirements of this section do not apply to vessels less than 10.97 meters (36 feet) in length with 3 or fewer individuals on board which operate within 12 miles of the coastline.
(c) A buoyant apparatus may be substituted instead of the requirements in this section for vessels 10.97 meters (36 feet) or more in length with 3 or fewer individuals on board which operate within 12 miles of the coastline.
(d) Each survival craft installed on board a vessel before September 15, 1991, may continue to be used to meet the requirements of this section provided the survival craft is—
(1) Of the same type as required in tables 28.120(a), 28.120(b), or 28.120(c), as appropriate for the vessel type; and
(2) Maintained in good and serviceable condition.
(e) Each inflatable liferaft installed on board a vessel before September 15, 1991, may continue to be used to meet the requirements for an approved inflatable liferaft, provided the existing liferaft is—
(1) Maintained in good and serviceable condition as required by table 28.140; and
(2) Equipped with the equipment pack required by tables 28.120(a), 28.120(b), or 28.120(c), as appropriate for the vessel type. Where no equipment pack is specified in tables 28.120(a), 28.120(b), or 28.120(c), a coastal service pack is the minimum required.
(f) A lifeboat may be substituted for any survival craft required by this section, provided it is arranged and equipped in accordance with part 199 of this chapter.
(g) The capacity of an auxiliary craft carried on board a vessel that is integral to and necessary for normal fishing operations will satisfy the requirements of this section for survival craft, except for an inflatable liferaft, provided the craft is readily accessible during an emergency and is capable of safely holding all individuals on board the vessel. If the auxiliary craft is equipped with a Coast Guard required capacity plate, the boat must not be loaded so as to exceed the rated capacity.
(h) A vessel less than 10.97 meters (36 feet) in length that meets the flotation provisions of 33 CFR part 183 is exempt from the requirement for survival craft in paragraph (a) of this section for operation on—
(1) Any waters within 12 miles of the coastline.
(2) Rivers.
Table 28.120(
Area | Vessel type | Survival craft required | Beyond 50 miles of coastline | All | Inflatable liferaft with SOLAS A pack. | Between 20-50 miles of coastline, | All | Inflatable liferaft with SOLAS B pack. | Between 20-50 miles of coastline, | All | Inflatable liferaft. | Beyond Boundary Line, between 12-20 miles of coastline, | All | Inflatable liferaft. | Beyond Boundary Line, within 12 miles of coastline, | 10.97 meters (36 feet) or more in length | Inflatable buoyant apparatus. See note 2. | Beyond Boundary Line, within 12 miles of coastline, | Less than 10.97 meters (36 feet) in length | Buoyant apparatus.
See note 2. | Beyond Boundary Line, within 20 miles of coastline, | All | Life float. See note 2. | Inside Boundary Line, | 10.97 meters (36 feet) or more in length | Inflatable buoyant apparatus.
See note 2. | Inside Boundary Line, | Less than 10.97 meters (36 feet) in length | Buoyant apparatus.
See note 2. | Inside Boundary Line, | All | None. | Great Lakes, | 10.97 meters (36 feet) or more in length | Inflatable buoyant apparatus.
See note 2. | Great Lakes, | Less than 10.97 meters (36 feet) in length | Buoyant apparatus.
See note 2. | Great Lakes, beyond 3 miles of coastline, | All | Buoyant apparatus. See note 2. | Great Lakes, within 3 miles of coastline, | All | None. |
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2. If a vessel carriers 3 or fewer individuals within 12 miles of the coastline, see § 28.120 (b) and (c) for carriage substitution.
Table 28.120(
Area | Vessel type | Survival craft required | Beyond 20 miles of coastline | All | Inflatable buoyant apparatus. | Beyond Boundary Line, between 12-20 miles of coastline, | All | Inflatable buoyant apparatus. | Beyond Boundary Line, within 12 miles of coastline, | 10.97 meters (36 feet) or more in length | Buoyant apparatus. | Beyond Boundary Line, within 12 miles of coastline, | Less than 10.97 meters (36 feet) in length | Buoyant apparatus.
See note 2. | Beyond Boundary Line, within 20 miles of coastline, | All | Life float. See note 2. | Inside Boundary Line, | 10.97 meters (36 feet) or more in length | Buoyant apparatus. | Inside Boundary Line, | Less than 10.97 meters (36 feet) in length | Buoyant apparatus
See note 2. | Inside Boundary Line, | All | None. | Great Lakes, | All | Buoyant apparatus.
See note 2. | Great Lakes, beyond 3 miles of coastline | All | Buoyant apparatus.
See note 2. | Great Lakes, within 3 miles of coastline | All | None. |
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2. If a vessel carries 3 or fewer individuals within 12 miles of the coastline, see § 28.120 (b) and (c) for carriage substitution.
Table 28.120(
Area | Vessel type | Survival craft required | Beyond 50 miles of coastline | All | Inflatable liferaft with SOLAS A pack. | Between 20-50 miles of coastline, | All | Inflatable liferaft with SOLAS B pack. | Between 20-50 miles of coastline, | All | Inflatable liferaft. | Beyond Boundary Line, between 12-20 miles of coastline, | All | Inflatable liferaft. | Beyond Boundary Line, within 12 miles of coastline, | 10.97 meters (36 feet) or more in length | Inflatable buoyant apparatus. | Beyond Boundary Line, within 12 miles of coastline, | Less than 10.97 meters (36 feet) in length | Buoyant apparatus. | Beyond Boundary Line, within 20 miles of coastline, | All | Life float. | Inside Boundary Line, | 10.97 meters (36 feet) or more in length | Inflatable buoyant apparatus. | Inside Boundary Line, | Less than 10.97 meters (36 feet) in length | Buoyant apparatus. | Inside Boundary Line, | All | None. | Great Lakes, | 10.97 meters (36 feet) or more in length | Inflatable buoyant apparatus. | Great Lakes, | Less than 10.97 meters (36 feet) in length | Buoyant apparatus. | Great Lakes, beyond 3 miles of coastline | All | Buoyant apparatus. | Great Lakes, within 3 miles of coastline | All | None. |
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§ 28.125 - Stowage of survival craft.
(a) Each inflatable liferaft required to be equipped with a SOLAS A or a SOLAS B equipment pack must be stowed so as to float free and automatically inflate in the event the vessel sinks.
(b) Each inflatable liferaft, inflatable buoyant apparatus, and any auxiliary craft used in their place, must be kept readily accessible for launching or be stowed so as to float free in the event the vessel sinks.
(c) Each hydrostatic release unit used in a float-free arrangement must be approved under part 160, subpart 160.062 of this chapter.
(d) Each float-free link used with a buoyant apparatus or with a life float must be certified to meet part 160, subpart 160.073 of this chapter.
§ 28.130 - Survival craft equipment.
(a) General. Each item of survival craft equipment must be of good quality, effective for the purpose it is intended to serve, and secured to the craft.
(b) Inflatable liferafts. Each inflatable liferaft must have one of the following equipment packs as shown by the markings on its container:
(1) Coastal Service;
(2) SOLAS B Pack (formerly “Limited Service”); or
(3) SOLAS A Pack (formerly “Ocean Service”).
(c) Each life float and buoyant apparatus must be fitted with a lifeline, pendants, a painter, and a floating electric water light approved under part 161 subpart 161.010 of this chapter.
(d) Other survival craft. A vessel must not carry survival craft other than inflatable liferafts, life floats, inflatable buoyant apparatus, or buoyant apparatus, such as lifeboats or rigid liferafts, unless the survival craft and launching equipment comply with the requirements for installation, arrangement, equipment, and maintenance contained in 46 CFR part 199.
§ 28.135 - Lifesaving equipment markings.
(a) Except as provided in paragraph (d) of this section, lifesaving equipment carried aboard a vessel pursuant to the requirements of this subpart or part 25, subpart 25.25 of this chapter must be marked as specified in table 28.135.
(b) Lettering used in lifesaving equipment markings must be in block capital letters.
(c) Retroreflective markings required by this section must be with material approved under part 164, subpart 164.018 of this chapter. The arrangement of the retroreflective material must meet IMO Resolution A.658(16).
(d) A wearable personal flotation device must be marked with the name of either the vessel, the owner of the device, or the individual to whom it is assigned.
Table 28.135—Lifesaving Equipment Markings
Item | Markings Required | Name of vessel | Retroreflective material | Wearable personal flotation device (Type I, II, III, or wearable Type V); Immersion suit or exposure suit | See § 28.135(d) | Type I or Type II. | Ring life buoy | X | Type II. | Inflatable liferaft | See note | See note. | Inflatable buoyant apparatus | See note | See note. | Life float | X | Type II. | Buoyant apparatus | X | Type II. | Auxiliary craft | X | Type II. | EPIRB | X | Type II. |
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No marking other than that provided by the manufacturer and the servicing facility is required.
§ 28.140 - Operational readiness, maintenance, and inspection of lifesaving equipment.
(a) The master or individual in charge of a vessel must ensure that each item of lifesaving equipment must be in good working order, ready for immediate use, and readily accessible before the vessel leaves port and at all times when the vessel is operated.
(b) Each item of lifesaving equipment, including unapproved equipment, must be maintained and inspected in accordance with:
(1) Table 28.140 in this section;
(2) The servicing procedure under the subpart of this chapter applicable to the item's approval; and
(3) The manufacturer's guidelines.
(c) An inflatable liferaft or inflatable buoyant apparatus must be serviced no later than the month and year on its servicing sticker affixed under 46 CFR 160.151-57(n), and whenever the container is damaged or the container straps or seals are broken. It must be serviced at a facility specifically approved by the Commandant for the particular brand.
(d) An escape route from a space where an individual may be employed or an accommodation space must not be obstructed.
Table 28.140—Scheduled Maintenance and Inspection of Lifesaving Equipment
Item | Interval | Regulation | Monthly | Annually | (1) Inflatable wearable personal flotation device (Type V commercial hybrid) | Servicing | 28.140 | (2) Personal flotation devices, exposure suits and immersion suits | Inspect, clean and repair as necessary | 28.140 | (3) Buoyant apparatus and life floats | Inspect, clean and repair as necessary | 28.140 | (4) Inflatable liferaft | Servicing 1 | 28.140 | (5) Inflatable buoyant apparatus | Servicing 1 | 28.140 | (6) Hydrostatic release | Servicing 1 | 28.140 | (7) Disposable hydrostatic release | Replace on or before expiration date | 28.140 | (8) Undated batteries | Replace | 28.140 | (9) Dated batteries 2 and other items | Replace on or before expiration date | 25.26-50, 28.140 | (10) EPIRB | Test | 25.26-50 |
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1 For a new liferaft or inflatable buoyant apparatus, the first annual servicing may be deferred to two years from the date of first packing if so indicated on the servicing sticker.
2 Water activated batteries must be replaced whenever they are used.
§ 28.145 - Distress signals.
Except as provided by 28.305, each vessel must be equipped with the distress signals specified in table 28.145.
Table 28.145—Distress Signals
Area | Devices required | Ocean, more than 50 miles from coastline | 3 parachute flares, approval series 160.136; plus 6 hand flares, approval series 160.121; plus 3 smoke signals, approval series 160.122. | Ocean, 3-50 miles from the coastline; or more than 3 miles from the coastline on the Great Lakes | 3 parachute flares, approval series 160.136, or 160.036; plus 6 hand flares, approval series 160.121 or 160.021; plus 3 smoke signals, approval series 160.122, 160.022, or 160.037. | Coastal waters, excluding the Great Lakes; or within 3 miles of the coastline on the Great Lakes | Night visual distress signals consisting of one electric distress light, approval series 161.013 or 3 approved flares; plus Day visual distress signals consisting of one distress flag, approval series 160.072, or 3 approved flares, or 3 approved smoke signals. 1 |
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1 If flares are carried, the same 3 flares may be counted toward meeting both the day and night requirement.
§ 28.150 - Emergency Position Indicating Radio Beacons (EPIRBs).
Each vessel must be equipped with an emergency position indicating radio beacon (EPIRB) as required by 46 CFR part 25, subpart 25.26.
Note:Each vessel which uses radio communication equipment must have a Ship Radio Station License issued by the Federal Communications Commission, as set forth in 47 CFR part 80.
§ 28.155 - Excess fire detection and protection equipment.
(a) Use of non-approved fire detection systems may be acceptable as excess equipment provided that—
(1) Components are listed and labeled by an independent, nationally recognized testing laboratory (NRTL) as set forth in 29 CFR 1910.7, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer's specific guidance; and
(2) The system and units remain functional as intended.
(b) The regulations in this section have preemptive effect over State or local regulation within the same field.
§ 28.160 - Portable fire extinguishers.
(a) Each vessel must meet the requirements of part 25, subpart 25.30 of this chapter.
(b) Each vessel 65 feet (19.8 meters) or more in length must be equipped with the minimum number, location, and type of portable fire extinguishers specified in table 28.160.
(c) Semi-portable extinguishers must be located in the open so as to be readily seen.
(d) Table 28.160 of this section indicates the minimum required classification for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table.
(e) The regulations in this section have preemptive effect over State or local regulation within the same field.
Table 28.160—Portable Fire Extinguishers for Vessels 65 Feet (19.8 Meters) or More in Length
Space | Minimum
required rating | Quantity and location | Safety areas, communicating corridors | 2-A | 1 in each main corridor not more than 150 ft (45.7m) apart. (May be located in stairways.) | Pilothouse | 20-B:C | 2 in the vicinity of the exit. | Service spaces, galleys | 40-B:C | 1 for each 2,500 sq ft (232.2 sq m) or fraction thereof suitable for hazards involved. | Paint lockers | 40-B | 1 outside space in the vicinity of the exit. | Accessible baggage and storerooms | 2-A | 1 for each 2,500 sq ft (232.2 sq m) or fraction thereof located in the vicinity of the exits, either inside or outside the spaces. | Workshops and similar spaces | 2-A | 1 outside the space in the vicinity of the exit. | Machinery spaces; Internal combustion propelling machinery | 40-B:C | 1 for each 1,000 brake horsepower or fraction thereof but not fewer than 2 or more than 6. | Electric propulsion motors or generator unit of open type | 40-B:C | 1 for each propulsion motor generator unit. | Auxiliary spaces | 40-B:C | 1 outside the space in the vicinity of the exit. | Internal combustion machinery | 40-B:C | 1 outside the space in the vicinity of the exit. | Electric emergency motors or generators | 40-B:C | 1 outside the space in the vicinity of the exit. |
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§ 28.165 - Injury placard.
Each vessel must have posted in a highly visible location accessible to the crew a placard measuring at least 5 inches by 7 inches (127 millimeters by 178 millimeters) which reads:
Notice Report All InjuriesUnited States law, 46 United States Code 10603, requires each seaman on a fishing vessel, fish processing vessel, or fish tender vessel to notify the master or individual in charge of the vessel or other agent of the employer regarding any illness, disability, or injury suffered by the seaman when in service to the vessel not later than seven days after the date on which the illness, disability, or injury arose.