The employer shall not use the vessel's cargo handling gear
until it has been ascertained that the vessel has a current and valid
cargo gear register and certificates that in form and content are in
accordance with the recommendations of the International Labor Office,
as set forth in Appendix I of this part, and as provided by
International Labor Organization Convention No. 152, and that shows
that the cargo gear has been tested, examined and heat treated by or
under the supervision of persons or organizations defined as competent
to make register entries and issue certificates pursuant to paragraphs
(b) and (c) of this section.
Annual thorough examinations under ILO 152 are required after
July 27, 1998.
Testing under ILO 152 is required after July 16, 2001.
In the interim period(s), prior to the effective dates noted in
paragraph (a) (1) and (2), vessels with cargo gear and a cargo gear
register according to ILO 32 are deemed to meet the requirements of
this paragraph (a).
Public vessels and vessels holding a valid Certificate of
Inspection issued by the U.S. Coast Guard pursuant to 46 CFR part 91
are deemed to meet the requirements of paragraph (a) of this section.
With respect to U.S. vessels not holding a valid Certificate of
Inspection issued by the U.S. Coast Guard, entries in the registers and
the issuance of certificates required by paragraph (a) of this section
shall be made only by competent persons currently accredited by the
U.S. Department of Labor (OSHA) for full function vessels or loose gear
and wire rope testing, as appropriate, as provided in part 1919 of this
With respect to vessels under foreign registries, persons or
organizations competent to make entries in the registers and issue the
certificates required by paragraph (a) of this section shall be:
Those acceptable as such to any foreign nation;
Those acceptable to the Commandant of the U.S. Coast Guard; or
Those currently accredited by the U.S. Department of Labor
(OSHA), for full function vessels or loose gear and wire rope testing,
as appropriate and as provided in part 1919 of this chapter.
[62 FR 40141, July 25, 1997]