[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR15.730]

[Page 260]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 15_MANNING REQUIREMENTS--Table of Contents
 
              Subpart F_Limitations and Qualifying Factors
 
Sec. 15.730  Language requirements.

    (a) The provisions of 46 U.S.C. 8702 relating to language apply 
generally to vessels of at least 100 gross tons except:
    (1) Vessels operating on rivers and lakes (except the Great Lakes);
    (2) A manned barge (except a seagoing barge or a barge to which 
chapter 37 of 46 U.S.C. applies);
    (3) A fishing vessel, fish tender vessel, whaling vessel, or yacht;
    (4) A sailing school vessel with respect to sailing school 
instructors and sailing school students;
    (5) An oceanographic research vessel with respect to scientific 
personnel;
    (6) A fish processing vessel which entered into service before 
January 1, 1988, and is not more than 1600 gross tons or which enters 
into service after December 31, 1987, and has not more than 16 
individuals on board primarily employed in the preparation of fish or 
fish products; and,
    (7) All fish processing vessels with respect to those personnel 
primarily employed in the preparation of fish or fish products or in a 
support position not related to navigation.
    (b) 46 U.S.C. 8702(b) requires that on board vessels departing U.S. 
ports 75 percent of the crew in each department on board is able to 
understand any order spoken by the officers.
    (c) The words able to understand any order spoken by the officers 
relates to any order to a member of the crew when directing the 
performance of that person's duties and orders relating to emergency 
situations such as used for response to a fire or in using lifesaving 
equipment. It is not expected that a member of the deck department 
understand terminology normally used only in the engineroom or vice 
versa.
    (d) Whenever information is presented to the Coast Guard that a 
vessel fails to comply with the specified language requirements the 
Coast Guard investigates the allegation to determine its validity. In 
determining if an allegation is factual, the Coast Guard may require a 
demonstration by the licensed individuals and crew that appropriate 
orders are understood. The demonstration will require that orders be 
spoken to the individual members of the crew by the licensed individuals 
in the language ordinarily and customarily used by the licensed 
individuals. The orders must be spoken directly by the licensed 
individual to the crew member and not through an interpreter. Signs, 
gestures, or signals may not be used in the test. The Coast Guard 
representative will specify the orders to be given and will include not 
only daily routine but orders involving emergencies, either of a 
departmental or of a general nature. This test will be conducted, if 
possible, at a time reasonably in advance of the vessel's departure, to 
avoid delays.