46 C.F.R. § 3.10-1

Procedures for designating oceanographic research vessels

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(a) Upon written request by the owner, master, or agent of a vessel, a determination will be made by the Officer in Charge, Marine Inspection, of the zone in which the vessel is located, whether the vessel may be designated as an oceanographic research vessel.

(b) The request should contain sufficient information to allow the Officer in Charge, Marine Inspection, to make this determination. At a minimum, the following items must be submitted:

(1) A detailed description of the vessel, including its identification number, owner and charterer.

(2) A specific operating plan stating precisely the intended use of the vessel.

(3) Any additional information as may be requested by the Officer in Charge, Marine Inspection.

(1) For inspected vessels—indicated on the certificate of inspection, valid for its duration.

(2) For uninspected vessels—indicated by a letter of designation, which shall be maintained on board the vessel and remain in effect for two years from date of issuance.

(d) All designations shall remain valid for the period specified on the applicable document, provided all operating conditions remain unchanged from the date of designation.

(e) In the event of a change in operating conditions, the owner, master, or agent of the vessel shall advise the Officer in Charge, Marine Inspection who issued the designation. After reviewing the pertinent information concerning the operational changes, the Officer in Charge, Marine Inspection, shall determine if the vessel is still eligible to retain its designation as an oceanographic research vessel.

[CGD 77-081, 46 FR 56202, Nov. 16, 1981, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997]

Notes of Decisions

Cited in 2 cases, 1984–1986 · leading case: Smith v. Odom Offshore Surveys, Inc., 791 F.2d 411 (5th Cir. 1986).

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Smith v. Odom Offshore Surveys, Inc., 791 F.2d 411 (5th Cir. 1986). · cites it 2× “§§ 441-445 , was not applicable because there was no evidence that any of the vessels on which Smith had worked had been classified as ORVs pursuant to 46 C.F.R. § 3.10-1 (1986). National Union correctly notes that § 3.”

Smith v. Odom Offshore Surveys, Inc., 588 F. Supp. 1168 (M.D. La. 1984). “a vessel that the Secretary of the Department in which the Coast Guard is operating finds is being employed exclusively in oceanography or limnology, or both, or exclusively in oceanographic research ____” 46 C.F.R. § 3.10-1 provides the method by which a vessel is classified as…”

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