Scope of Training & Major Tasks

1. Introduction Application

Task 1-1

2. Application

Task 1.2 Equivalents

Task 2.1

Task 2.2

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The presentation is provided in nine (9) sessions which will allow ease for searching selected areas.

This presentation does not alleviate or replace on the job training or additional requirements or training required by each Sector.

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Additionally there are tasks, depending upon your AOR, that may not be applicable or present the opportunity for field experience however they are documented in this presentation for your knowledge.

Scope of Training & Major Tasks

Continued

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3. Requirements

Tasks 3.1 – 3.4

4. Requirements

Tasks 3.5 – 3.10

5. Operations

Tasks 4.1 – 4.7

6. Operations

Tasks 4.8 - 4.12

7. General Housekeeping Tasks 5.1 – 5.8
8. Expanded Issues
9. Exercise Opportunities

Question & Answers Session 1

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Question #1

What condition must life preservers and other life saving equipment be in?

46 CFR §25.25-11, Serviceable Condition

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Question #2

When an EPIRB is required to be installed, how often must it be tested?

46 CFR§ 25.26-50(b), monthly

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Question #3

Where is NVIC 7-94 found?

Navigation and Vessel Inspection Circular http://www.uscg.mil/hq/cg5/nvic/

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Question #4

Identify three items whose requirements change when the UPV is ≥ 100 GT. There are at least seven items.

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46 CFR §25.26-10

46 CFR §25.25-17

46 CFR §25.30-20 (b)

46 USC 8104

46 CFR §26.3-9

46 CFR §25.25-5

46 CFR §15.905

Question & Answers Session 1

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Question #5

Where do the terms “T Boat” and “K Boat” come from?

46 CFR Chapter I

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Question #6

What categories of licenses and MMCs can operate UPVs, and what are some typical restrictions the Examiner should expect to see?

46 CFR §15.605

46 CFR §15.905

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These are but a few of the questions you should be familiar with and be able to locate within the CFR’s

Task1.2 DEFINE

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Locate the following in the CFR’s with appropriate codes:

1. Barge
2. Carrying freight for hire
3. Consideration
4. International voyage
5. Motor vessel
6. Motorboat
7. Officer in Charge, Marine Inspection (OCMI)
8. Passenger
9. Passenger for-hire
10. Survival craft
11. Vessel
12. Uninspected passenger vessel
13. Bareboat Charter

Definitions

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• Barge
• A non-self-propelled vessel.
• Carrying Freight for Hire
• The carriage of any goods, wares, or merchandise, or any other freight for a consideration, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person interested in the vessel.

Definitions

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• Consideration

– An economic benefit, inducement, right, or profit, including pecuniary payment accruing to an individual, person, or entity but not including a voluntary sharing of the actual expenses of the voyage by monetary contribution or donation of fuel, food, beverage, or other supplies.

Definitions

• International Voyage
• A voyage between a country to which SOLAS applies and a port outside that country.
• Motor Vessel
• Any vessel more than 65 feet in length, which is propelled by machinery other than steam.
• Motorboat
• Any vessel 65 feet in length or less, which is equipped with propulsion machinery (including steam).
• It includes a boat equipped with a detachable motor.

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Definitions

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• Officer in Charge, Marine Inspections

(OCMI)

– Any person from the civilian or military branch of the CG designated by the Commandant and who, under the direction of the CG District Commander, is in charge of an inspection zone for performance of duties related to the inspection, enforcement, and administration of Subtitle II, Title 46 U.S. Code; Title 33 U.S. Code; and regulations issued under these statutes.

Definitions

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• Passenger
• An individual carried on a vessel (Exceptions)
• The master
• The owner or owner’s representative
• If under charter, an individual charterer or charterer’s representative
• A member of the crew engaged in the business of the vessel, who has not contributed consideration for carriage, and who is paid for onboard services.

Definitions

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• Passenger for Hire
• A passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel.
• Survival Craft
• When used on an UPV over 100 GTs it is a lifeboat, inflatable liferaft, inflatable buoyant apparatus, or small boat.

Definitions

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• Vessel

– All vessels indicated in 46 CFR §24.05-1, Table 24.05–1(a), column 5 unless otherwise noted in this subpart.

Bareboat Charter Definition

Bareboat Charter Definition�

Seven Elements of a valid Bareboat Charter:

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1. The charterer must have the option of selecting and paying crew, although the owner may require general levels of proficiency for the crew that is retained based on federal statutes.

2. The master/crew are paid by the charterer

3. All food, fuel, and stores are provided by the charterer

4. Insurance is obtained by the charterer

5. The charterer is responsible for the safe navigation of the vessel

6. The charterer may discharge, for cause, the master or any crew member without referral to the owner

7. The vessel is surveyed upon its delivery and return

What is an Uninspected Passenger Vessel (UPV)?

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• Two categories

Per 46 §CFR 24-10-1

Vessel less than 100 GT

Carrying not more than six passengers, including at least one passenger-for-hire, or that is chartered with the crew provided or specified by the owner or the owner’s representative and carrying not more than six passengers

Vessel at least 100 GT

Same except passenger limit increases to 12

UPVs are commercial vessels!

UPV Characteristics

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• Less than 100 GT
• M/B, S/V, M/V or self-propelled gondola
• Operations governed, inter alia, by 46 CFR Sub Chapter C
• Captain/deck crew are provided by the owner/operator
• Captain must be a USCG licensed mariner

UPV Characteristics

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• Greater than or equal to 100 GT
• Always a M/V or S/V
• Operations governed, inter alia, by 46 CFR Sub Chapter C, with contributions from other Sub Chapters in 46 CFR (e.g., T)
• Captain/deck crew are provided by the owner/operator
• Captain must be a USCG licensed mariner

What is NOT a UPV?

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• Chartered Recreational Vessels
• (Bareboat Charter)
• Owner signs a contract with the chartering party turning the vessel over to the chartering party to operate within the contract’s scope
• e.g., like renting a car
• The charterer
• May elect to hire a Captain/deck crew

– May NOT be specified by or be the owner/operator

• May carry no more than 12 passengers (including any charterer hired crew)
• Pays all expenses incurred during the charter period including extra insurance
• May not carry any passengers for hire
• Legal basis
• Passenger Vessel Safety Act of 1993
• NVIC 7-94
• The vessel must meet Recreational Vessel requirements
• If the vessel/s are UPVs one day and Chartered Recreational Vessels the next, they are reviewed as a UPV

More Definitions

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• Territorial Sea
• The belt, 12 NM wide, from immediately adjacent to the shore and subject to its territorial jurisdiction.
• Exclusive Economic Zone
• A sea zone over which a state has special rights over the exploration and use of marine resources. It stretches from the seaward edge of the state's territorial sea out to 200 nautical miles from its coast.

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More Definitions

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• Navigable Waters of the US

– Those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. A determination of navigability, once made, applies laterally over the entire surface of the water body, and is not extinguished by later actions or events which impede or destroy navigable capacity.

More Definitions

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• Coastwise Trade

Whose route is from point “A” in the U.S. to point “B” in the U.S., or returning to point “A” without leaving U.S. territorial waters

• Coastwise Voyage

A route that is not more than 20 nautical miles offshore on any of the following waters:

• Any ocean
• The Gulf of Mexico
• Others
3. Harbor of Safe Refuge

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 will vary for each vessel, depending on the size, maneuverability, and mooring gear.

More Definitions

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• Near Coastal

Means ocean waters not more than 200 miles offshore from the US and its possession's, except for MMC’s endorsed as Operator of Uninspected Passenger Vessels for which Near Coastal is limited to waters not more than 100 miles offshore.

• Inland Waters

Navigable waters of the United States shoreward of the Boundary Lines as described in 46 CFR Part 7.

• Limited

An annotation on a merchant mariner credential which limits the operational authority of a particular endorsement to a

limited tonnage, portions of a route, means of propulsion, or equipment.

More Definitions

• Endorsement

A statement of a mariner’s qualifications, which may include the categories of officer, staff officer, ratings, and/or STCW appearing on a merchant mariner credential.

• Gross register tons or GRT

The gross ton measurement of the vessel under 46 USC Chapter 145, Regulatory Measurements

• Gross Tonnage

Actually a volume measurement rather than a weight. GT means the gross tonnage measurement of the vessel under 46 USC Chapter 143, Convention Measurement.

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More Definitions

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• Net Tonnage

A function of the volume of all cargo spaces of the ship.

• Immediately Available

Close at hand, so as to be instantly ready (without delay) for easy use.

• Readily Accessible

A safety item that can be obtained quickly and used easily.

Conversions

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RED indicates unit found in requirement

Task 2.0

Equivalents

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Task 2.0 Equivalents

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Task 2.1

Define “Equivalents”

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An arrangement, fitting, appliance, apparatus, equipment, calculation, information, or test, which provides a level of safety equivalent to that established by specific provisions in the CFR (46 CFR §24.15).

Task 2.2

46 CFR §24.15

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Determine conditions under which equivalents may be used.

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• The Commandant may accept a substitution of a fitting, material, appliance, apparatus, or equipment, or type if it is at least as effective as that required. Must be shown by trials.

Task 2.2 Continued

Equivalents

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• If it can be shown to the Commandant that any particular equipment, apparatus or arrangement not specifically required by law is unreasonable or impracticable, the Commandant may permit its use to such an extent and upon such conditions as will ensure a degree of safety consistent with the minimum standards.

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• Must have paperwork showing equivalents was granted.

Task 2.3

46 CFR §24.15-5

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Explain the equivalency granted Canadian pleasure craft temporarily using navigable waters of the United States.

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Uninspected Canadian pleasure craft (uninspected vessels) TEMPORARILY using US navigable waters may carry, in lieu of the equipment required, the equipment required by the laws of the Dominion of Canada and the regulations of the Department of Transport, Ottawa, Canada.

You have completed Session 2 Applications & Equivalents

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Document and save information in a folder as it will assist you as you work toward status as a UPV Examiner.

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This presentation does not alleviate or replace on the job training or additional requirements, or training required by each Sector.

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Date of Update: 01/18/2024

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