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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 33 - Navigation and Navigable Waters |
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Chapter I - Coast Guard, Department of Homeland Security |
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SubChapter F - Vessel Operating Regulations |
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Part 97 - Rules for the Safe Operation of Vessels, Stowage and Securing of Cargoes |
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Subpart A - Cargo Securing Manuals |
§ 97.305 - Requests for authorization to act as cargo securing manual (CSM) approval authority.
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§ 97.305 Requests for authorization to act as cargo securing manual (CSM) approval authority.
An organization seeking authorization as a CSM approval authority must make a request to the Commandant for authorization. The request must include, in writing, the items listed in this section or as otherwise specified by the Commandant.
(a) A certified copy of the organization's certificate of incorporation or partnership on file with a U.S. State, including the name and address of the organization, with written statements or documents which show that -
(1) The organization's owners, managers, and employees are free from influence or control by vessel shipbuilders, owners, operators, lessors, or other related commercial interests as evidenced by past and present business practices;
(2) The organization has demonstrated, through other related work, the capability to competently evaluate CSMs for completeness and sufficiency according to the requirements of SOLAS and this part;
(3) The organization has an acceptable degree of financial security, based on recent audits by certified public accountants over the last 5 years; and
(4) The organization maintains a corporate office in the United States that has adequate resources and staff to support all aspects of CSM review, approval, and recordkeeping.
(b) A listing of the names of the organization's principal executives, with titles, telephone, and telefax numbers.
(c) A written general description of the organization, covering the ownership, managerial structure, and organization components, including any directly affiliated organizations, and their functions utilized for supporting technical services.
(d) A written list of technical services the organization offers.
(e) A written general description of the geographical area the organization serves.
(f) A written general description of the clients the organization is serving, or intends to serve.
(g) A written general description of similar work performed by the organization in the past, noting the amount and extent of such work performed within the previous 3 years.
(h) A written listing of the names of full-time professional staff employed by the organization and available for technical review and approval of CSMs including -
(1) Naval architects and naval engineers, with copies of their professional credentials, college degrees, and specialized training certificates;
(2) Merchant mariners with Coast Guard-issued credentials, with a summary of their working experience on board cargo vessels (including vessel tonnage and types of cargo); and
(3) Written proof of staff competence to perform CSM review and approval, evidenced by detailed summaries of each individual's experience (measured in months) during the past 5 years of evaluating maritime cargo securing systems. Experience summaries must be documented on company letterhead and endorsed by a company executive who has had direct observation of the individual and quality of his or her work product.
(j) A complete description of the organization's internal quality control processes, including written standards used by the organization to ensure consistency in CSM review and approval procedures by qualified professionals.
(k) A description of the organization's training program for assuring continued competency of professional employees performing CSM review and approval who are identified in the application.
(l) Evidence of financial stability over the past 5-year period, such as financial reports completed independently by certified public accountants.
(m) A list of five or more business references, including names, addresses, and telephone numbers of principal executives, who can attest to the organization's competence within the past 2 years.
(n) A statement to the Coast Guard that gives its officials permission to inspect the organization's facilities and records of CSM review and approval on behalf of the United States at any time with reasonable advance notice.
(o) Any additional information the organization deems to be pertinent.