Collapse to view only § 107.413 - Exemption certificate.
- § 107.401 - Purpose and definition.
- § 107.405 - Safety Equipment Certificate.
- § 107.409 - Safety Construction Certificate.
- § 107.413 - Exemption certificate.
- § 107.415 - Safety Management Certificate.
§ 107.401 - Purpose and definition.
(a) The International Convention for Safety of Life at Sea, 1974, requires one or more of the certificates described in this subpart to be carried on self-propelled vessels of 500 gross tons or over engaged in international voyages. This subpart prescribes rules for the issuance of these certificates to mobile offshore drilling units.
(b) “International voyage” has the same meaning as stated in Regulation 2(d) of part A, chapter I in the International Convention for Safety of Life at Sea, 1974. (SOLAS 74), which is: “a voyage from a country to which the present Convention applies to a port outside such country, or conversely. The Coast Guard has interpreted this definition to include the following:
(1) A voyage from a country to which SOLAS 1974 applies, to a port outside that country or the reverse;
(2) A voyage from any territory, including the Commonwealth of Puerto Rico, all possessions of the United States, and all lands held by the United States under a protectorate or mandate, whose international relations are the responsibility of a contracting SOLAS 74 government, or which is administered by the United Nations, to a port outside that territory or the reverse;
The Coast Guard has interpreted this definition to not include a “Great Lakes voyage” which means a voyage solely on the Great Lakes of North America and the St. Lawrence River west of a straight line drawn from Capedes Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd Meridian.§ 107.405 - Safety Equipment Certificate.
(a) A self-propelled unit of at least 500 gross tons that engages in international voyages is issued a safety equipment certificate if the inspector issues it a certificate of inspection under § 107.211 or § 107.215 and it meets chapter 3 of the International Convention for Safety of Life at Sea, 1974.
(b) A Safety Equipment Certificate expires 60 months after the date of issue.
§ 107.409 - Safety Construction Certificate.
(a) Application for a Safety Construction Certificate is made by indicating in the space provided on the Application for Inspection Form CG-3752 whether the American Bureau of Shipping or the Coast Guard is to issue the certificate.
(b) The American Bureau of Shipping or the Coast Guard may issue a self-propelled unit of at least 500 gross tons that engages on international voyages a Safety Construction Certificate if the unit meets the requirements in Regulation 12 (a)(ii), Chapter I of the International Convention for Safety of Life at Sea, 1974.
(c) A Safety Construction Certificate expires 60 months after the date of issue.
(d) If a unit fails to meet the requirements in Regulation 12(a)(ii), the Coast Guard may—
(1) Suspend an unexpired Safety Construction Certificate; and
(2) Revoke an unexpired Safety Construction Certificate.
§ 107.413 - Exemption certificate.
(a) An owner or operator of a unit may request an exemption from the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS 74) by writing to the appropriate OCMI.
(b) The Commandant (CG-CVC) may exempt a self-propelled unit of at least 500 gross tons on an international voyage from any of the requirements in the International Convention for Safety of Life at Sea, 1974 (SOLAS 74) if the unit meets the conditions of Regulation 4 of Part A, Chapter I, of SOLAS 74 which states the following:
a. A ship which is not normally engaged on international voyages but which, in exceptional circumstances, is required to undertake a single international voyage may be exempted by the Administration from any of the requirements of the present Regulations provided that it complies with safety requirements which are adequate in the opinion of the Administration for the voyage which is to be undertaken by the ship.
b. The Administration may exempt any ship which embodies features of a novel kind from any of the provisions of Chapters II-1, II-2, III and IV of these Regulations the application of which might seriously impede research into the development of such features and their incorporation in ships engaged on international voyages. Any such ship shall, however, comply with safety requirements which, in the opinion of that Administration, are adequate for the service for which it is intended and are such as to ensure the overall safety of the ship and which are acceptable to the Governments of the States to be visited by the ship. The Administration which allows any such exemption shall communicate to the Organization particulars of same and the reasons therefor which the Organization shall circulate to the Contracting Governments for their information.
(c) The Commandant (CG-CVC) may exempt a self-propelled unit of at least 500 gross tons on an international voyage from the requirements of Chapter III (Lifesaving Appliances, &C.) of SOLAS 74 if the unit meets the conditions of Regulation 2 of chapter III which states in part:
The Administration may, if it considers that the sheltered nature and conditions of the voyage are such as to render the application of any specific requirements of this chapter unreasonable or unnecessary, exempt from those requirements individual ships or classes of ships which, in the course of their voyage, do not proceed more than 20 miles from the nearest land.
(d) The Commandant (CG-CVC) may exempt a unit from the requirements of Chapters II-1 (Construction—Subdivision and stability, machinery and electrical installations) or II-2 (Construction—Fire protection, fire detection and fire extinction) of SOLAS 74 if the unit meets the conditions of Regulation 1-4 of Part A Chapter II-1 or Regulation 1-4.1 of Part A Chapter II-2, respectively, of SOLAS 74 which state the following: The Administration of a State may, if it considers that the sheltered nature and conditions of the voyage are such as to render the application of any specific requirements of this chapter unreasonable or unnecessary, exempt from those requirements individual ships or classes of ships entitled to fly the flag of the State which, in the course of their voyage, do not proceed more than 20 miles from the nearest land.
(e) An Exemption Certificate is in force for the period of validity of the certificate to which it refers.
§ 107.415 - Safety Management Certificate.
(a) All self-propelled mobile offshore drilling units of 500 gross tons or over to which 33 CFR part 96 applies, on an international voyage must have a valid Safety Management Certificate and a copy of their company's valid Document of Compliance certificate on board.
(b) A Safety Management Certificate is issued for a period of not more than 60 months.