46 C.F.R. § 44.340

Operating restrictions

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(a) Each hopper dredge assigned a working freeboard may be operated at drafts from the normal freeboard to the working freeboard if the—

(1) Seas are not more than 10 feet;

(2) Winds are not more than 35 knots;

(3) Area of operation is not more than 20 nautical miles (37 kilometers) from the mouth of a harbor of safe refuge; and

(4) Specific gravity of the spoil carried is not more than the highest specific gravity of spoil used in the stability calculations required by subchapter S of this chapter.

(b) The Assigning Authority designates on the face of the dredge's load line certificate—

(1) Each restriction contained in paragraph (a)(1) through (a)(3) of this section; and

(2) The maximum specific gravity of the spoils allowed to be carried.

Notes of Decisions
Cited in 4 cases, 2010–2011 · leading case: Bean Dredging, LLC v. United States, 773 F. Supp. 2d 63 (D.D.C. 2011).
Bean Dredging, LLC v. United States, 773 F. Supp. 2d 63 (D.D.C. 2011). · cites it 12× “On December 14, 2006, the NPFC denied the claim based in part upon its determination that the spill had been caused by the Stuyvesant’s violation of two federal operating and safety regulations— specifically, 46 C.F.R. § 44.340 and 46 C.F.R. § 42.09-1 .”
Bean Dredging, LLC v. United States, 699 F. Supp. 2d 118 (D.D.C. 2010). · cites it 23× “Specifically, the Court DENIES WITHOUT PREJUDICE both the United States’ [19] Motion for Summary Judgment and Bean Dredging’s [20] Motion for Summary Judgment with respect to Bean Dredging’s claims that the NPFC erred when it misinterpreted and misapplied the term “seas” as used…”
Bean Dredging, LLC v. United States (D.D.C. 2010). · cites it 21× “Specifically, the Court DENIES WITHOUT PREJUDICE both the United States’ [19] Motion for Summary Judgment and Bean Dredging’s [20] Motion for Summary Judgment with respect to Bean Dredging’s claims that the NPFC erred when it misinterpreted and misapplied the term “seas” as used…”
Bean Dredging, LLC v. United States (D.D.C. 2011). · cites it 12× “On December 14, 2006, the NPFC denied the claim based in part upon its determination that the spill had been caused by the Stuyvesant’s violation of two federal 4 operating and safety regulations—specifically, 46 C.F.R. § 44.340 and 46 C.F.R. § 42.09-1.”
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