[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: 46CFR25.40-1]

[Page 317-318]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 25_REQUIREMENTS--Table of Contents
 
                        Subpart 25.40_Ventilation
 
Sec. 25.40-1  Tanks and engine spaces.


    (a) All motorboats or motor vessels, except open boats and as 
provided in paragraphs (d) and (e) of this section, the construction or 
decking over of which is commenced after April 25, 1940, and which use 
fuel having a flashpoint of 110[deg] F., or less, shall have at least 
two ventilator ducts, fitted with cowls or their equivalent, for the 
efficient removal of explosive or flammable gases from the bilges of 
every engine and fuel tank compartment. There shall be at least one 
exhaust duct installed so as to extend from the open atmosphere to the 
lower portion of the bilge and at least one intake duct installed so as 
to extend to a point at least midway to the bilge or at least below the 
level of the carburetor air intake. The cowls shall be located and 
trimmed for maximum effectiveness and in such a manner so as to prevent 
displaced fumes from being recirculated.
    (b) As used in this section, the term open boats means those 
motorboats or motor vessels with all engine and fuel tank compartments, 
and other spaces to which explosive or flammable gases and vapors from 
these compartments may flow, open to the atmosphere and so arranged as 
to prevent the entrapment of such gases and vapors within the vessel.
    (c) Boats built after July 31, 1980, which are manufactured or used 
primarily for noncommercial use; which are leased, rented, or chartered 
to another for the latter's noncommercial use; which are engaged in the 
carriage of six or fewer passengers; or which are in compliance with the 
requirements of 33 CFR part 183 are exempted from these requirements.
    (d) Boats built after July 31, 1978, which are manufactured or used 
primarily for noncommercial use; which are rented, leased, or chartered 
to another for the latter's noncommercial use; or which engage in 
conveying six

[[Page 318]]

or fewer passengers are exempted from the requirements of paragraph (a) 
for fuel tank compartments that:
    (1) Contain a permanently installed fuel tank if each electrical 
component is ignition protected in accordance with 33 CFR 183.410(a); 
and
    (2) Contain fuel tanks that vent to the outside of the boat.

[CGFR 65-50, 30 FR 16653, Dec. 30, 1965, as amended by CGD 76-082A, 44 
FR 73047, Dec. 17, 1979; CGD 76-082A, 45 FR 7551, Feb. 4, 1980; CGD 95-
012, 60 FR 48048, Sept. 18, 1995; CGD 95-028, 62 FR 51196, Sept. 30, 
1997]