Regulation of US Vessels

Virtually all vessels are subject to some form of regulation by the national maritime authority of their “flag state”—the country in which they are registered.  In the United States, these regulations are written and enforced by the US Coast Guard, pursuant to laws enacted by Congress.  Under the Safety of Life at Sea (SOLAS) Convention, administered by the International Maritime Organization (IMO), vessels of any nation signatory to the convention and over a certain size or carrying more than 12 passengers and operating internationally must comply with the requirements of the Convention with regard to construction, safety equipment, manning, crew training, etc.  Compliance is documented in a “SOLAS Certificate” issued by the ship’s national maritime authority.

US-registered vessels listed in this directory will generally fall into one of the following categories: Small Passenger Vessel, Sailing School Vessel, Oceanographic Research Vessel, and Uninspected Vessel.  For each category there is a comprehensive set of regulatory requirements governing construction and arrangement, watertight integrity and stability, lifesaving and firefighting equipment, machinery and electrical systems, vessel control and equipment, and operations.

With the exception of Uninspected Vessels, all categories of US-registered vessel are subject to Coast Guard inspection on an annual basis.  Upon satisfactory completion of the inspection, a Certificate of Inspection (COI) is issued, and must be permanently displayed on board the vessel.  The COI spells out what waters the vessel may operate in (its authorized route), how many passengers or sailing school students may be carried, how many crew must be carried and what qualifications the master and crew must have, the requirement for and location of lifesaving and firefighting equipment, and so forth.  Although not inspected annually, Uninspected Vessels (which are generally vessels less than 65 feet in length and carrying 6 or fewer passengers for hire) must still comply with requirements for safety equipment and a licensed skipper.  The type of COI to be issued to inspected vessels is determined by both the size and construction of the vessel and the operating intentions of the owner.  Some vessels carry dual certification.

The Coast Guard also prescribes the qualifications for the officers and crew of inspected vessels, and requires both that they have certain minimum levels of experience and training and that they be examined and issued licenses or documents before they can lawfully serve on board.  Following is a brief description of the various types of certifications governing the operation of US-flagged vessels:

Sailing School Vessels (SSV) are inspected under Title 46, Subchapter R of the Code of Federal Regulations (CFR). An SSV is a vessel of less than 500 gross tons carrying six or more sailing school students or instructors, principally propelled by sail, and operated by a nonprofit educational organization exclusively for the purpose of sailing education. Sailing School Vessels are required to pass regular inspection by the USCG in order to maintain their certification.

Passenger Vessels are certified according to size and number of passengers (not engaged in educational activities or in the operation of the vessel) carried under Title 46 of the CFR:

• Subchapter C – Uninspected vessels which operate with no more than six passengers.
  
• Subchapter T – Small passenger vessels of under 100 gross tons that carry more than six passengers and are required to pass regular USCG inspection of the ship and all onboard equipment.
  
• Subchapter K – Small passenger vessels of under 100 gross tons that carry more than 150 passengers and are required to pass regular USCG inspection of the ship and all onboard equipment.
• Subchapter H – Passenger vessels more than 100 gross tons that carry passengers for hire and are required to pass regular USCG inspection of the ship and all onboard equipment.

Attraction Vessel certification is required whenever a vessel is open to public boarding or conducts dockside programs.  The vessel may be permanently moored to a pier, or it may also be certified under one or more of the above subchapters, but the Attraction Vessel COI (ATCOI) certifies its safety for dockside programs and visitation only.

Oceanographic Research Vessels (ORV) are certified under Subchapter U of Title 46 of the CFR. An ORV is a vessel employed exclusively in either oceanographic (saltwater) or limnologic (freshwater) instruction and/or research, and is not necessarily equipped for passengers or other non-professionals.

For more information, access the United States Coast Guard Web site or contact the Government Printing Office for the above listed sections of the Code of Federal Regulations.