§ 136.110 Definitions. As used in this subchapter: *ABS Rules* means the standards developed and published by the American Bureau of Shipping regarding the design, construction and certification of commercial vessels.
*Accommodation space* means any: ( 1 ) Messroom;
( 2 ) Lounge;
( 3 ) Sitting area;
( 4 ) Recreation room;
( 5 ) Quarters;
( 6 ) Toilet space;
( 7 ) Shower room;
( 8 ) Galley;
( 9 ) Berthing space;
( 10 ) Clothing-changing room; or
( 11 ) A similar space open to individuals.
*Anniversary date* means the day and the month of each year that corresponds to the date of expiration on the COI or Towing Safety Management System (TSMS) Certificate.
*Approval series* means the first six digits of a number assigned by the Coast Guard to approved equipment. Where approval is based on a subpart of 46 CFR chapter I, subchapter Q, the approval series corresponds to the number of the subpart. A list of approved equipment, including all of the approval series, is available at *http://cgmix.uscg.mil/Equipment/EquipmentSearch.aspx*.
*Assistance towing* means towing a disabled vessel for consideration as defined in 46 U.S.C. 2101.
*Audit* means a systematic, independent, and documented examination to determine whether activities and related results comply with a vessel's TSMS, or with another applicable Safety Management System (SMS), and whether these planned arrangements are implemented suitably to achieve stated objectives. This examination includes a thorough review of appropriate reports, documents, records, and other objective evidence to verify compliance with applicable requirements. ( 1 ) The audit may include, but is not limited to: ( i ) Examining records;
( ii ) Asking responsible persons how they accomplish their assigned duties;
( iii ) Observing persons performing specific tasks within their assigned duties;
( iv ) Examining equipment to ensure proper maintenance and operation; and
( v ) Checking training records and work environments.
( 2 ) The audit may be limited to the random selection of a representative sampling throughout the system that presents the auditor with sufficient, objective evidence of system compliance.
*Authorized classification society* means a recognized classification society that has been delegated the authority to conduct certain functions and certifications on behalf of the Coast Guard.
*Berthing space* means a space that is intended to be used for sleeping, and is provided with installed bunks and bedding.
*Bollard pull* means the maximum static pulling force that a towing vessel can exert on another vessel or on an object when its propulsion engines are applying thrust at maximum horsepower.
*Change in ownership* means any change resulting in a change in the day-to-day operational control of a third-party organization (TPO) that conducts audits and surveys, or a change that results in a new entity holding more than 50 percent of the ownership of the TPO.
*Class Rules* means the standards developed and published by a classification society regarding the design, construction, and certification of commercial vessels.
*Coastwise* means a route that is not more than 20 nautical miles offshore on: ( 1 ) Any ocean;
( 2 ) The Gulf of Mexico;
( 3 ) The Caribbean Sea;
( 4 ) The Bering Sea;
( 5 ) The Gulf of Alaska; or
( 6 ) Such other similar waters as may be designated by a Coast Guard District Commander.
*Cold water* means water where the monthly mean low water temperature is normally 15 degrees Celsius (59 degrees Fahrenheit) or less.
*Commandant* means the Commandant of the U.S. Coast Guard or an authorized representative of the Commandant of the U.S. Coast Guard.
*Conflict of interest* means a conflict between an individual's or an organization's private interests and the interests of another party they are providing a service to or for, including when acting in a capacity which serves the public good.
*Crewmember* means crewmember as defined in 46 CFR 16.105.
*Deficiency* means a failure to meet the minimum requirements of the vessel inspection laws or regulations.
*Disabled vessel* means a vessel that needs assistance, whether docked, moored, anchored, aground, adrift, or under way, but does not mean a barge or any other vessel not regularly operated under its own power.
*Downstreaming* means a procedure in which a towing vessel moves downstream with the current in order to approach and land squarely on another object, such as a fleet, a dock, or another tow.
*Drydock examination* means hauling out a vessel or placing a vessel in a drydock or slipway for an examination of all accessible parts of the vessel's underwater body and of all through-hull fittings and appurtenances.
*Electronic position fixing device* means a navigation receiver that meets the requirements of 33 CFR 164.41.
*Engine room* means the enclosed space where any main-propulsion engine is located. It comprises all deck levels within that space.
*Essential system* means a system that is required to ensure a vessel's survivability, maintain safe operation, control the vessel, or to ensure safety of onboard personnel, including: ( 1 ) Systems for: ( i ) Detection or suppression of fire;
( ii ) Emergency dewatering or ballast management;
( iii ) Navigation;
( iv ) Internal and external communication;
( v ) Vessel control, including propulsion, steering, maneuverability and their vital auxiliaries;
( vi ) Emergency evacuation and abandonment;
( vii ) Lifesaving; and
( viii ) Control of a tow;
( 2 ) Any critical system identified in a SMS compliant with the International Safety Management (ISM) Code requirements of 33 CFR part 96; and
( 3 ) Any other marine engineering system identified in an approved TSMS or identified by the cognizant Officer in Charge, Marine Inspection (OCMI) as essential to the vessel's survival, ability to maintain safe operation, ability to control the vessel, or to ensure the safety of onboard personnel.
*Excepted vessel* means a towing vessel that is subject to this subchapter but is excepted from certain provisions contained within this subchapter. An excepted vessel is: ( 1 ) Used solely: ( i ) Within a limited geographic area, as defined in this section;
( ii ) For harbor-assist, as defined in this section; or
( iii ) For response to an emergency or a pollution event; or
( 2 ) Excepted by the cognizant OCMI for purposes of some or all of the requirements in §§ 142.315 through 142.330, 143.235, 143.265, and subpart C of part 143 of this subchapter, based on consideration of those requirements and on reasons submitted by the vessel owner or managing operator as to why the vessel does not need to meet these requirements for the safe operation of the vessel.
*Excursion party* means a temporary operation not permitted by the vessel's COI. It is typically recreational in nature and 1 day or less in duration.
*Existing towing vessel* means a towing vessel, subject to inspection under this subchapter, that is not a new towing vessel, as defined in this section.
*External audit* means an audit conducted by a party with no direct affiliation to the vessel, owner, or managing operator being audited.
*External survey program* means a survey program conducted by a party with no direct affiliation to the vessel, owner, or managing operator being surveyed.
*Fixed fire-extinguishing system* means: ( 1 ) A carbon dioxide system that meets the requirements of 46 CFR subpart 76.15 and 46 CFR 78.47-9 and 78.47-11, and that is approved by the Commandant;
( 2 ) A clean agent system that satisfies the requirements in 46 CFR subpart 95.16 and in 46 CFR 97.37-9, and is approved by the Commandant; or
( 3 ) A manually operated, water mist system that satisfies NFPA 750 (incorporated by reference, see § 136.112) and is approved by the Commandant.
*Fleeting area* means a limited geographic area, as determined by the local COTP, where individual barges are moored or assembled to make a tow. These barges are not in transport, but are temporarily marshaled and waiting for pickup by different towing vessels that will transport them to various destinations.
*Galley* means a space containing appliances with cooking surfaces that may exceed 121 degrees Celsius (250 degrees Fahrenheit) such as ovens, griddles, and deep fat fryers.
*Great Lakes* means a route on the waters of any of the Great Lakes and of the St. Lawrence River as far east as a straight line drawn from Cap de Rosiers to West Point, Anticosti Island, and west of a line along the 63rd meridian from Anticosti Island to the north shore of the St. Lawrence River.
*Gross tons* means the gross ton measurement of the vessel under 46 U.S.C. Chapter 145, Regulatory Measurement. For a vessel measured under only 46 U.S.C. Chapter 143, Convention Measurement, the vessel's gross tonnage measured under 46 U.S.C. Chapter 143 is used to apply all thresholds expressed in terms of gross tons.
*Harbor of safe refuge* means a port, inlet, or other body of water normally sheltered from heavy seas by land, and in which a vessel can navigate and safely moor. The suitability of a location as a harbor of safe refuge will be determined by the cognizant OCMI, and varies for each vessel, dependent on the vessel's size, maneuverability, and mooring gear.
*Harbor-assist* means the use of a towing vessel during maneuvers to dock, undock, moor, or unmoor a vessel, or to escort a vessel with limited maneuverability.
*Horsepower* means the horsepower stated on the vessel's COI, which is the sum of the manufacturer's listed brake horsepower for all installed propulsion engines.
*Inland waters* means the navigable waters of the United States shoreward of the Boundary Lines as described in 46 CFR part 7, excluding the Great Lakes and, for towing vessels, excluding the Western Rivers.
*Internal Audit* means an audit that is conducted by a party that has a direct affiliation to the vessel, owner, or managing operator being audited.
*Internal survey program* means a survey program that is conducted by a party which has a direct affiliation to the vessel, owner, or managing operator being surveyed.
*International voyage* means a voyage between a country to which the International Convention for Safety of Life at Sea, 1974, as amended (SOLAS) applies and a port outside that country. A country, as used in this definition, includes every territory for the international relations of which a contracting government to the Convention is responsible or for which the United Nations is the administering authority. For the United States, the term “territory” includes the Commonwealth of Puerto Rico, all possessions of the United States, and all lands held by the United States under a protectorate or mandate. For the purposes of this subchapter, vessels are not considered as being on an “international voyage” when solely navigating the Great Lakes and the St. Lawrence River as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd meridian.
*Lakes, bays, and sounds* means a route on any of the following waters: ( 1 ) A lake other than the Great Lakes.
( 2 ) A bay.
( 3 ) A sound.
( 4 ) Such other similar waters as may be designated by the cognizant Coast Guard District Commander.
*Length* means the horizontal distance measured from end to end over the deck, excluding the sheer. Fittings and attachments are not included in the length measurement.
Length between perpendiculars or LBP means the horizontal distance measured between perpendiculars taken at the forward-most and after-most points on the waterline corresponding to the deepest operating draft. For a vessel that has underwater projections extending forward of the forward-most point or aft of the after-most point on the deepest waterline of the vessel, the Commanding Officer, U.S. Coast Guard Marine Safety Center, may include the length or a portion of the length of the underwater projections in the value used in the LBP for the purposes of this subchapter. The length, or a portion of the length, of projections that contribute more than 2 percent of the underwater volume of the vessel is normally added to the actual LBP.
*Limited coastwise* means a route that is not more than 20 nautical miles from a harbor of safe refuge, as defined in this section.
*Limited geographic area* means a local area of operation as determined by the local COTP. This area is usually within a single harbor or port.
*Machinery space* means any enclosed space that either contains an installed internal combustion engine, machinery, or systems that would raise the ambient temperature above 45 degrees Celsius (113 degrees Fahrenheit) in all environments the vessel operates in.
*Major conversion* means a conversion of a vessel that: ( 1 ) Substantially changes the dimensions or carrying capacity of the vessel;
( 2 ) Changes the type of the vessel;
( 3 ) Substantially prolongs the life of the vessel; or
( 4 ) Otherwise so changes the vessel that it is essentially a new vessel, as determined by the Commandant.
*Major non-conformity* means a non-conformity that poses a serious threat to personnel, vessel safety, or the environment, and requires immediate corrective action.
*Managing operator* means an organization or person, such as the manager or the bareboat charterer of a vessel, who has assumed the responsibility for operation of the vessel from the vessel owner and who, on assuming responsibility, has agreed to take over all the duties and responsibilities imposed by this subchapter.
Nationally recognized testing laboratory or NRTL means an organization that the Occupational Safety and Health Administration (OSHA) has recognized as meeting the requirements in 29 CFR 1910.7. These requirements are for the capability, control programs, complete independence, and reporting and complaint-handling procedures to test and certify specific types of products for workplace safety. This means, in part, that an organization must have the necessary capability both as a product safety testing laboratory and as a product certification body to receive OSHA recognition as an NRTL.
*New towing vessel* means a towing vessel, subject to inspection under this subchapter, that: ( 1 ) Had its keel laid or was at a similar stage of construction on or after July 20, 2017; or
( 2 ) Underwent a major conversion that was initiated on or after July 20, 2017.
*Non-conformity* means a situation where objective evidence indicates that a specified SMS requirement is not fulfilled.
*Objective evidence* means quantitative or qualitative information, records, or statements of fact pertaining to safety or to the existence and implementation of an SMS element, which is based on observation, measurement, or testing that can be verified. This may include, but is not limited to, towing gear equipment certificates and maintenance documents, training records, repair records, Coast Guard documents and certificates, surveys, classification society reports, or TPO records.
*Oceans* means a route that is more than 20 nautical miles offshore on any of the following waters: ( 1 ) Any ocean.
( 2 ) The Gulf of Mexico.
( 3 ) The Caribbean Sea.
( 4 ) The Bering Sea.
( 5 ) The Gulf of Alaska.
( 6 ) Such other similar waters as may be designated by the cognizant Coast Guard District Commander.
Officer in Charge, Marine Inspection or OCMI means an officer of the Coast Guard designated as such by the Coast Guard and who, under the direction of the Coast Guard District Commander, is in charge of a marine inspection zone, described in 33 CFR part 3, for the performance of duties with respect to the inspection, enforcement, and administration of vessel safety and navigation laws and regulations. The “cognizant OCMI” is the OCMI who has immediate jurisdiction over a vessel for the purpose of performing these duties.
*Officer in charge of a (or the) navigational watch* means the same as in 46 CFR 10.107.
*Oil or hazardous material in bulk,* as used in this subchapter, means that the towing vessel tows, pushes, or hauls alongside a tank barge or barges certificated to carry cargoes under subchapters D or O of this chapter.
*Operating station* means a steering station on the vessel, or the barge being towed or pushed, from which the vessel is normally navigated.
*Owner* means the owner of a vessel, as identified on the vessel's certificate of documentation or state registration.
*Persons in addition to the crew* mean any people onboard the vessel, including passengers, who are not a crewmember.
*Policy* means a specific statement of principles or a guiding philosophy that demonstrates a clear commitment by management, or a statement of values or intentions that provide a basis for consistent decision making.
*Power and lighting circuit* means a branch circuit as defined in Article 100 of NFPA's National Electrical Code (NEC) (incorporated by reference, see § 136.112) that serves any essential system, distribution panel, lighting, motor or motor group, or group of receptacles. Where multiple loads are served, the circuit is considered to be the conductor run that will carry the current common to all the loads. “Power limited circuit” conductors under Article 725 of the NEC and “instrumentation” conductors under Article 727 of the NEC are not considered to be power and lighting circuits.
*Pressure vessel,* fired or unfired, means a closed tank or cylinder containing gas, vapor, or liquid, or a combination thereof, under pressure greater than atmospheric pressure.
*Procedure* means a specification of a series of actions or operations that must be executed in the same manner in order to uniformly comply with applicable policies.
*Protected waters* means sheltered waters presenting no special hazards, such as most rivers, harbors, and lakes, and that is not determined to be exposed waters or partially protected waters by the cognizant OCMI.
*Propulsor* means a device (e.g., propeller or water jet) that imparts force to a column of water in order to propel a vessel, together with any equipment necessary to transmit the power from the propulsion machinery to the device (shafting, gearing, etc.).
*Recognized classification society* means a classification society recognized by the Coast Guard in accordance with part 8 of this chapter.
*Replacement in kind* means replacement of equipment or components that have the same technical specifications as the original item and provide the same service. If the replacement item upgrades the system in any way, the change is not a replacement in kind.
*Rescue boat* means a boat designed to rescue persons in distress and to marshal survival craft.
*Rivers* means a route on any river, canal, or other similar body of water designated by the cognizant OCMI.
Safety Management System or SMS means a structured and documented system that enables personnel involved in vessel operations or management, as identified in the SMS, to effectively implement the safety and environmental protection requirements of this subchapter, and is routinely exercised and audited.
*Skiff* means a small auxiliary boat carried on board a towing vessel.
*Survey* means an examination of the vessel, including its systems and equipment, to verify compliance with applicable regulations, statutes, conventions, and treaties.
*Terminal gear* means the additional equipment or appurtenances at either end of the hawser or tow cable that connects the towing vessel and its tow together. Terminal gear may include such items as winches, thimbles, chafing gear, shackles, pendants, or bridles.
Third-party organization or TPO means an organization approved by the Coast Guard to conduct independent verifications to assess whether towing vessels or their TSMSs comply with applicable requirements contained in this subchapter.
*Tow* means the barge(s), vessel(s), or object(s) being pulled, pushed, or hauled alongside a towing vessel.
*Towing vessel* means a commercial vessel engaged in or intending to engage in the service of pulling, pushing, or hauling alongside, or any combination of pulling, pushing, or hauling alongside.
Towing Safety Management System or TSMS means an SMS for a towing vessel as described in part 138 of this subchapter.
Towing vessel record or TVR means a book, notebook, or electronic record used to document events as required by this subchapter.
*Unsafe condition* means a major non-conformity observed on board a vessel, or an incident that would cause the owner or managing operator to request a permit to proceed from the Coast Guard.
*Unsafe practice* means a habitual or customary action or method, or a single action, that creates a significant risk of harm to life, property, or the marine environment, or that contravenes a recognized standard of care contained in law; regulation; applicable international convention; or international, national, or industry consensus standard.
*Warm water* means water where the monthly mean low water temperature is normally more than 15 degrees Celsius (59 degrees Fahrenheit).
*Western Rivers* means the Mississippi River, its tributaries, South Pass, and Southwest Pass, to the navigational demarcation lines dividing the high seas from harbors, rivers, and other inland waters of the United States, and the Port Allen-Morgan City Alternate Route, and that part of the Atchafalaya River above its junction with the Port Allen-Morgan City Alternate Route including the Old River and the Red River, and those waters specified in 33 CFR 89.25 and 89.27, and such other, similar waters as are designated by the COTP.
*Workboat* means a vessel that pushes, pulls, or hauls alongside within a worksite.
*Worksite* means an area specified by the cognizant OCMI within which workboats are operated over short distances for moving equipment in support of dredging, construction, maintenance, or repair work. A worksite may include shipyards, owner's yards, or lay-down areas used by marine construction projects. This definition does not include the movement of barges carrying oil or hazardous material in bulk.
*Work space* means any area on the vessel where the crew may be present while on duty and performing their assigned tasks.