Code of Federal Regulations Title 46. Shipping § 46.42.13–10 Freeboards assigned vessels

(a) Vessels with mechanical means of propulsion, or lighters, barges, or other vessels without independent means of propulsion, shall be assigned freeboards in accordance with the provisions of §§ 42.13–1 to 42.20–75, inclusive.

(b) Vessels carrying timber deck cargoes may be assigned, in addition to the freeboards required by paragraph (a) of this section, timber freeboards in accordance with the provisions of §§ 42.25–1 to 42.25–20, inclusive.

(c) Vessels designed to carry sail, whether as the sole means of propulsion or as a supplementary means, and tugs, shall be assigned freeboards in accordance with the provisions of §§ 42.13–1 to 42.20–75, inclusive, and such additional freeboards as determined necessary by the Commandant under the procedure of paragraph (f) of this section.

(d) Vessels of wood or of composite construction, or of other materials the use of which the Commandant has approved, or vessels whose constructional features are such as to render the application of the provisions of §§ 42.13–1 to 42.25–20 unreasonable or impracticable, shall be assigned freeboards as determined necessary by the Commandant under the procedure of paragraph (f) of this section.

(e) The requirements in §§ 42.15–1 to 42.15–80, inclusive, shall apply to every vessel to which a minimum freeboard is assigned. Relaxations from these requirements may be granted to a vessel to which a greater than minimum freeboard is assigned provided the safety conditions of the vessel are determined to be satisfactory under paragraph (f) of this section.

(f) In each case specified by paragraphs (c) to (e) inclusive of this section, the assigning authority shall report to the Commandant the specific matters in which the vessel is deficient or requires special freeboard consideration due to design, arrangement, construction materials, propulsive method, or relaxation of requirements in this part. The report shall also furnish background data and recommendations of the assigning authority (including freeboard additions), as will enable the Commandant to reach a decision.