[Code of Federal Regulations] [Title 46, Volume 7] [Revised as of October 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 46CFR178.320] [Page 236] TITLE 46--SHIPPING CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) PART 178_INTACT STABILITY AND SEAWORTHINESS--Table of Contents Subpart C_Intact Stability Standards Sec. 178.320 Intact stability requirements. (a) A vessel, except a pontoon vessel operating on protected waters, must undergo a simplified stability proof test in accordance with Sec. 178.330 of this part in the presence of a Coast Guard marine inspector. (b) A pontoon vessel operating on protected waters must undergo a simplified stability proof test in accordance with Sec. 178.340 of this part in the presence of a Coast Guard marine inspector. (c) The cognizant OCMI may dispense with the simplified stability proof test in Sec. 178.330 for a vessel carrying not more than 49 passengers where it can be established that, due to the form, arrangement, construction, number of decks, route, and operating restrictions of the vessel, the vessel's stability can be safely determined without such a test. Vessels which carry deck cargo must undergo a simplified stability proof test. (d) A vessel whose stability is questioned by the cognizant OCMI must be shown by design calculations to meet the applicable stability criteria of Sec. Sec. 170.170, 170.173, and 171.050 in subchapter S of this chapter in each condition of loading and operation. (e) A simplified stability proof test in accordance with Sec. 178.330 is conducted to determine if a vessel, as built and operated, has a minimum level of initial stability. Failure of the simplified test does not necessarily mean that the vessel lacks stability for the intended route, service, and operating condition, but that calculations or other methods must be used to evaluate the stability of the vessel. [CGD 85-080, 61 FR 966, Jan. 10, 1996; 61 FR 20557, May 7, 1996] [[Page 237]]