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Author Topic:   California Coast Guard Gives Ticket for 12-Gallon On-Deck Tank
longboarder posted 03-26-2007 02:39 PM ET (US)   Profile for longboarder   Send Email to longboarder  
[Moderator's Note: Eventually you'll discover that it wasn't the "Coast Guard" and it wasn't a "ticket", but it takes quite a bit of discussion to bring this out--jimh.]

Just thought I'd pass this along. I took my 1979 Montauk 17 out in [San Diego] harbor a few weeks ago. Got inspected at the docks by the [Coast Guard]. Hit me on my gas tank, 12 gallon under the leaning post seat. [The Coast Guard] said [the on-deck fuel tank of 12-gallon capacity] was illegal, due to the fact it cannot be removed to be filled. [The Coast Guard] said that in order for [the on-deck fuel tank of 12-gallon capacity] to be legal it had to have a fill reservoir over the side or over the transom of the boat so fuel fumes escape over and outside of the boat. [The Coast Guard] said that the tank I have in now while filling the fumes can and will travel across the deck into the bildge where they can cause an exploding accident. [The Coast Guard] said that I could go with two to three up to 7.5-gallon portable tanks, or reconfigure my current tank to have the fill points. [The Coast Guard] said Boston Whaler sells their boats with a portable tank and the owners usually convert it to the larger tank under the seat. [The Coast Guard] said that this ticket is like a window tinting ticket.

Just thought I'd post for those in California that most if not all of we Boston Whaler boat owners can get written up for this.

contender posted 03-26-2007 03:54 PM ET (US)     Profile for contender  Send Email to contender     
So, let me get this straight, all of the self contain gas tanks built since day one are now illegal? oh wait unless they are 7.5 gallons or smaller. Ask the Coast Guard and Navy when they use fuel cells and bladders for their boats and place them on the decks they are also illegal? Sorry for your problems but sounds like some read the law wrong or are inforcing part of a law/code. I would ask to see/do research the code/law on the gas tanks on open decks.
JMARTIN posted 03-26-2007 04:08 PM ET (US)     Profile for JMARTIN  Send Email to JMARTIN     
[Asked for clarification of the unrecognized acronym which was used to refer to the regulatory agency mentioned above.]
longboarder posted 03-26-2007 04:15 PM ET (US)     Profile for longboarder  Send Email to longboarder     
[Clarified the unrecognized acronym. The newly invented acronym was intended by the author to mean "Coast Guard" which we interpret to mean the United States Coast Guard--jimh.]

Maybe it's the situation of the bilge being lower than the deck. Don't know. I was taken aback by it, also, but just smiled and remained polite.

Also, I just thought. If I had an extension that I could hang over the side while filling the tank, and left the 3' extension onboard, that might be hard for him to argue. Just a thought. I plan on leaving the tank where it is, I'm not carring three 7.5 gallon tanks, yea right.

jimh posted 03-26-2007 08:41 PM ET (US)     Profile for jimh  Send Email to jimh     
I don't understand what you mean by a "ticket" from the Coast Guard. Please elaborate. Were you assessed a fine? Ordered to appear in a court?
davej14 posted 03-26-2007 08:51 PM ET (US)     Profile for davej14  Send Email to davej14     
The logic of this escapes me. The fill tube on my Dauntless built in tank is on the top surface of the rear deck. When filling the fumes can undoubtedly travel into the cockpit. It is also wishful thinking that 7.5 gallon tanks will be removed from the boat to fill them. I understand the concern by issuing a "ticket" ?? No way.
home Aside posted 03-26-2007 08:52 PM ET (US)     Profile for home Aside  Send Email to home Aside     
I think is Coastie that wrote you is wrong...I boated for 14 years with my 82 Montauk with two OEM 12 Gallon portable tanks under my seat, had a few Coast Guard inspections, and a few inspections on the water (Great Lakes) by Marine patrol and never was questioned once about the 12 gallon tanks....

When I was a bit younger I always took the 12 Gallon Tanks out of the boat to refill, it wasn't easy but I did it by myself.....as I got a little older, I just filled tham while they were in the boat.....I also find it hard to believe the statement about fumes in the rigging tunnel, maybe if you over flowed the tank and actually flooded the tunnel.....otherwise I don't buy it.....

Pat

Binkie posted 03-26-2007 09:19 PM ET (US)     Profile for Binkie    
I guess the Homeland is pretty Secure in California, and they have nothing to do.

Rich

Mardav posted 03-26-2007 09:41 PM ET (US)     Profile for Mardav  Send Email to Mardav     
Here is a quote from the Coast Guard checklist:

(B) Safe electrical and fuel systems. The electrical system must be protected by fuses or manual reset circuit breakers. Switches and fuse panels must be protected from rain or water spray. Wiring must be in good condition, properly installed and with no exposed areas or deteriorated insulation. Batteries must be secured and terminals covered to prevent accidental arcing. If installed, self-circling or kill-switch mechanism must be in proper working order. All PWCs require an operating self-circling or kill-switch mechanism. Portable fuel tanks (normally seven-gallon capacity or less) must be constructed of non-breakable material and free of corrosion and leaks. All vents must be capable of being closed. The tank must be secured and have a vapor-tight, leak-proof cap. Each permanent fuel tank must be properly ventilated.

Here is a link to the official Vessel Examination list:
http://a1130808.uscgaux.info/equip.htm

The reason why many new boats come with only a portable 6 gallon tank is so the builder complies with these regs; when an owner subsequently installs a larger tank the burden passes to the operator.
If you are stopped in Florida with an above deck tank exceeding 7 gallons you WILL get at least a $150 fine. This is a Federal violation not State.
Among other regs, the CFR (Code of Federal Regulations) that is pertinent is chapter (§) 183.550
if you look under definitions in the CFR subs, you will see that the official definition of a'portable' fuel tank is 7 gallons or less. If a tank is not portable, it must comply not only with the venting requirements mentioned but also the slosh tests and so forth as outlined in the CFR.

All that being said, if you don't get boarded you won't get fined.
Marc ;)

Newtauk1 posted 03-26-2007 09:43 PM ET (US)     Profile for Newtauk1    
[Complains about how the website is run. This is typical behavior for this participant, and he has been asked many times to move his comments about how the website is run to the META-Discussion, which is a discussion about the discussions. Here he complains about "editing" which is simply the replacement of unrecognized acronyms with the actual words intended by the author--and for the life of me I cannot understand why people think that when they invent new acronyms that people will understand what they mean--or the replacement of pronouns like "it" or "they" with the actual nouns or subjects which are being referenced. But this fellow won't give up and thinks he needs to hector me on how to run a website. Please, take it to the META-Discussion. Your opinions on how to operate the website are not part of this discussion about Coast Guard inspections of on-deck fuel tanks and really contribute nothing to the discussion except to provide you with an opportunity to criticize the way the website is operated--jimh]
montauk steve posted 03-26-2007 10:24 PM ET (US)     Profile for montauk steve  Send Email to montauk steve     
google the following:

vessel safety check. sign up for a VSC (vessel safety check) there are coast gaurd auxillary all thoughout San Diego. I just received mine and i asked if there was an issue with my 26 gallon tempo tank above deck and they said no. I would get some more information about the issue/fine that was handed to you. hope that helps

steve

Hoosier posted 03-26-2007 10:33 PM ET (US)     Profile for Hoosier  Send Email to Hoosier     
So, if I'm readig this correctly, all the discussion about fiberglass tanks and E10 fuel is now moot. We can't use them at all, unless we make some modifications that might create a bigger hazard. Is this a new regulation? I had a Coast Guard Auxiliary inspection a couple of years ago and the fuel tank wasn't mentioned.
jimp posted 03-26-2007 10:39 PM ET (US)     Profile for jimp  Send Email to jimp     
Several things are not right with the incident. I assume that you have the "standard" metal 12-gallon tanks? 12-gallons tanks are portable, they have the handles on them and are removable. Open boats like the Montauk do not require ventilation - thus the bilge explosion is BS.

Obviously, the regs are subject to interpretation by the boarding officer or USCG Aux examiner. If the BO is inexperienced, you might get the wrong interpretation. Two years ago, the USCG Aux member doing my Vessel Safety Check said that I wouldn't get my decal because my numbers were wrong! After passing the CME/VSC for 8 years, they're now wrong? She said that they the spacing was wrong between the state letters "AK" and the numbers, it was too wide, it should be the "width" of one letter between them. So I asked, "What if that letter was an "I" and did the "width" of one letter/number include the "spacing" between it and the next letter/number?" Obviously it was open to interpretation and since I'd been a CG boarding officer of many years I knew it. I got my decal.

So, if you got a fine, I'd appeal it to the district commander.

And finally, Newtauk1, please calm down.

JimP

jimh posted 03-26-2007 10:56 PM ET (US)     Profile for jimh  Send Email to jimh     
If would be greatly appreciated if anyone who wishes to cite a federal regulation could give the full citation for it and quote it.

I would very much like to see where it says "seven gallons or less" constitutes a portable tank and that any on-deck tank with a capacity of more than seven gallons must not be rated as "portable."

The contents of a Coast Guard website are not the official regulations.

jimh posted 03-26-2007 11:06 PM ET (US)     Profile for jimh  Send Email to jimh     
http://a257.g.akamaitech.net/7/257/2422/08aug20051500/edocket.access. gpo.gov/cfr_2005/julqtr/pdf/33cfr183.550.pdf

Above is a link to the regulations cited above as being applicable, but I don't see anything in section 183.550 that says anything about on-deck tanks, seven gallons, portable, etc. Also, these are manufacturer's requirements. Also, you need to look for a preceding statement of applicability, as often these regulations do NOT apply to outboard powered boats.

Again, if there is a CFR citation where the seven-gallon rule appears, I would love to see it.

seahorse posted 03-27-2007 06:43 AM ET (US)     Profile for seahorse  Send Email to seahorse     
Title 33: Navigation and Navigable Waters
PART 183—BOATS AND ASSOCIATED EQUIPMENT
Subpart J—Fuel Systems
General


§ 183.501 Applicability.

(a) This subpart applies to all boats that have gasoline engines, except outboard engines, for electrical generation, mechanical power, or propulsion.

(b) [Reserved]

[CGD 74–209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 81–092, 48 FR 55736, Dec. 15, 1983; USCG–1999–5832, 64 FR 34716, June 29, 1999]
--______________________________________________________

Title 33: Navigation and Navigable Waters
PART 183—BOATS AND ASSOCIATED EQUIPMENT
Subpart K—Ventilation


§ 183.605 Definitions.
As used in this subpart:

“Fuel” means gasoline.

“Open to the atmosphere” means a compartment that has at least 15 square inches of open area directly exposed to the atmosphere for each cubic foot of net compartment volume.

[CGD 76–082, 44 FR 73027, Dec. 17, 1979, as amended by CGD 85–098, 52 FR 19729, May 27, 1987]

Hoosier posted 03-27-2007 07:17 AM ET (US)     Profile for Hoosier  Send Email to Hoosier     
Is the "tunnel" in the Montauk hull an enclosed "bilge" or an open "sump". Doesn't Whaler call it a sump? If it's a sump then the ticket issued is incorrect since the boat doesn't have a bilge that can collect gas fumes.
jimh posted 03-27-2007 07:21 AM ET (US)     Profile for jimh  Send Email to jimh     
So it looks to me that the cited section, 183.550 has no information at all about seven gallon tanks being the limit, and, further, is specifically designated as not applicable to outboard powered boats.
jimh posted 03-27-2007 08:12 AM ET (US)     Profile for jimh  Send Email to jimh     
The basis of the issue of the capacity of the on-deck fuel tank is the notion that the filling the tank while it is in the boat is likely to lead to an explosion. However, even if a boater has on-deck fuel tanks of seven gallons or less capacity, I do not believe that there is any regulation which requires that they be removed from the boat in order to be filled.

People routinely fill on-deck fuel tanks of seven gallons or less while they are in the boat. In that situation the fumes still are going to be an explosive threat. But I have never seen any regulation or enforcement which required that the on-deck fuel tank be removed from the boat for filling. If there are such regulations, may we please have a cite for them.

In most fuel docks, the height of the deck of the fuel dock is higher than the boat's cockpit, at least for a small boat like a Boston Whaler which has on-deck fuel tanks. So removing the fuel tank from the boat and placing it on the deck of the fuel dock would still leave the tank at a higher level than the boat's cockpit. If fumes are assumed to be heavier than air, then fumes from filling the gas tank on the fuel dock deck could still fall into the boat from the fuel dock deck. Simply moving the fuel tank out of the cockpit but to a higher location does not help with the problem of fumes.

PeteB88 posted 03-27-2007 08:15 AM ET (US)     Profile for PeteB88  Send Email to PeteB88     
Somebody's pickin fly poop out of pepper - fight it. I thought only state marine enforcement officers can issue citations.
Slippery Eel posted 03-27-2007 08:26 AM ET (US)     Profile for Slippery Eel  Send Email to Slippery Eel     
I was stopped/boarded by the CG in NJ last year for an inspection. I have (2) 12 gallon Mirax tanks that the CG stood over while he filled out the report on his PDA. No mention of tank capacity and passed with flying colors. Also had the Coast Guard Aux perfrom a safety inspection and passed that as well. No issues so far in NJ.
Chuck Tribolet posted 03-27-2007 09:02 AM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
Longboarder: Your citation will have the section you were
cited under on it. What is it?


Chuck

Sal DiMercurio posted 03-27-2007 09:04 AM ET (US)     Profile for Sal DiMercurio  Send Email to Sal DiMercurio     
I believe the officer that wrote the ticket is thinking "inboard law" on an outboard boat.
Fumes in the engine room of an inboard are taboo, but outboard engines arent even "IN" the boat.
Most Boston Whalers under 22 ft don't have a bilge, just a sump.
Sal
longboarder posted 03-27-2007 11:25 AM ET (US)     Profile for longboarder  Send Email to longboarder     
Jim: I got hit for the same CF # issue you had too, except mine were too close.

I am reading this at work, and don't have access to the citation #, but will get it tonight.

For the record, I was'nt issued a fine. More like a fixit ticket. No money involved. I have to correct the problems mentioned and report back for an inspection.

This was my maiden launch into the ocean, and I was alittle overwhelmed and nervous during inspection. What he said seemed logical to me at the time, so again, I just smiled and nodded my head. In the back of my mind I was thinking of all the other boats that have converted their gas tanks. Maybe it's like a window tinting ticket. Sometimes you can be right next to an officer without so much as a look. Than, one day you get hit on it and have to pull it off. Doh no....

contender posted 03-27-2007 12:28 PM ET (US)     Profile for contender  Send Email to contender     
The coastie must have been from Kansas, If you read the statement that Mardav provided The way I read it only speaks/refers to tanks that are 7.5 gallons or smaller. I also agree with homeaside I use to have Portable 12 gal tanks, but it just got to be a pain so I had a larger one made (alum. 27 gal) to fit under my console (on deck). I also would like to know how many other whalers (and other small boats) that have/ have to have tanks above deck. Once again I will state I have seen Coast Guards boats with Fuel cells laying on the deck to be used or for transport to another vessel. Are they not in violation of their own rule/law? Or is it: do as I say not as I do. By the way, If any of you want to come to Miami Beach it is against the law for guys to go with out a shirt, and you can not spit on the sidewalk watch out. Laws on the books on the Beach. anyway I would fight the ticket...good luck
Binkie posted 03-27-2007 12:29 PM ET (US)     Profile for Binkie    
mardav

If you get stopped in Fl. with an over 7 gallon portable tank you will get a $150 fine. From who? the USCG? I would think a federal agency would have the same laws in all states. From the Fl. Fish and Game? maybe. I will check this out.

Rich

K Albus posted 03-27-2007 12:32 PM ET (US)     Profile for K Albus  Send Email to K Albus     
It sounds to me like longboarder failed a Coast Guard Auxiliary Courtesy Marine Examination ("CME"), and was not actually issued a ticket or a citation.

If you look at page 7 of "Boating Safety Circular 71" http://www.uscgboating.org/recalls/pdfs/BSC71.pdf you will see that when a CME is conducted, any fuel tank larger than 7 gallons is treated as a permanent tank.

"According to CME requirements, there is no such thing as a portable fuel tank larger than 7 gallons. Therefore, any fuel tank larger than 7 gallons would have to meet all of the requirements for permanent tanks.

This standard which has apparently been adopted by the Coast Guard Auxiliary is not supported by the Code of Federal Regulations.

hauptjm posted 03-27-2007 12:56 PM ET (US)     Profile for hauptjm    
So, does this mean that anyone with a 24 gallon tank under their Montauk seat is in violation of this requirement? To my knowledge, the tank maker doesn't manufacturer the required venting apparatus. Is this manufactuerer manufacturing an ilegal product? Just curious!
HuronBob posted 03-27-2007 01:53 PM ET (US)     Profile for HuronBob  Send Email to HuronBob     
We're probably lucky that we're not limited to 3 oz of fuel packed in a plastic container placed in a plastic bag.

:)

Interesting conversation, especially in that I don't have a sense of any consistency or clarafication regarding this yet.

If you fight this, please let us know how it works out...

dnh posted 03-27-2007 02:13 PM ET (US)     Profile for dnh  Send Email to dnh     
A related issue that I have been dealing with for years in South Carolina is the fiberglass fuel tank and whether or not it is portable.

I have been told by South Carolina Department of Natural Resources (known as DNR to those who use acronyms) on occasion that I was required to have a fire extinguisher on board because the tank was not "portable." It has handles on it and I do not have the straps on it. I have politely argued with them and been let go without ever getting a citation.

I looked this up one time and could not find any South Carolina regulation or federal regulation setting forth this requirement.

dnh posted 03-27-2007 02:14 PM ET (US)     Profile for dnh  Send Email to dnh     
I guess I should have posted that the fire extinguisher requirement in SC does not apply to boats less than 16 feet with portable tanks. I have a 15 Sport with a 15 gallon tank.
Mardav posted 03-27-2007 03:30 PM ET (US)     Profile for Mardav  Send Email to Mardav     
Hopefully my .02 wasn't too confusing, as requested, here are some specific references and some verbatim quotes:
http://www.uscgboating.org/SAFETY/boatbuilder/ventilation/183-601.htm
FEDERAL LAW
183.601 - Applicability
This subpart applies to all boats that have gasoline engines for electrical generation, mechanical power, or propulsion.
FEDERAL LAW
183.605 - Definitions
As used in this subpart:

“Fuel” means gasoline.

FEDERAL LAW
183.605 - Definitions
As used in this subpart:

“Open to the atmosphere” means a compartment that has at least 15 square inches of open area directly exposed to the atmosphere for each cubic foot of net compartment volume.
A compartment is any space in a boat that has length, width and height. It may be completely enclosed, partially enclosed or have one of its surfaces completely open. An example would be a compartment under a bow deck or a motor well where there is not an enclosing bulkhead. A canvas cover is considered the same as an enclosing bulkhead when in place.
Open areas are openings that are not specified. Open areas may be at the bottom, side or top of a compartment as long as:
the open area equals 15 square inches for each cubic foot of net compartment volume (See Figure 2), and
the opening is directly exposed to the atmosphere.
NOTE:
A number of openings may be added together in order to obtain the required total.
Openings into an open cockpit are acceptable.
FIGURE 2 - Open Area
NET COMPARTMENT VOLUME
Net compartment volume is the result of subtracting the volume of installed items of equipment and accessories from the total compartment volume.
Examples of items that may be subtracted include:
Engines
Tanks: Fuel, Water, etc.
Auxiliary Generators
Batteries
Accessory equipment such as refrigeration machinery, pressure fresh water systems, etc.
For outboard boats -one portable 6 gallon fuel tank, provided there is a defined storage location; i.e. straps or perimeters.
Examples of items that are not subtracted include:
Stowed Fenders
Stowed Anchors and Line
Stowed Chairs
Picnic Coolers
Other items that may or may not be in a compartment at any given time.
To assist in determining the amount of cubic feet to subtract, refer to Table I for suggested volumes of engines and batteries, and to Figure 3 for a graph of tank capacity vs. tank volume, in cubic feet.
TO COMPLY WITH THE LAW
Is there a gasoline engine permanently installed in the compartment?
Does the gasoline engine have a cranking motor (starter)?
If you have answered NO to either of the above, see 182.620, Natural Ventilation.
If you have answered YES to both of the above, then you must answer YES to one of the following:
Is the compartment open to the atmosphere?
See 183.605 for requirement.
Is there an exhaust blower system?
See 183.610, (b) through (f), for requirements. Permanently installed with regard to an engine, means that it is securely fastened to the boat’s structure and the necessary wiring, piping and controls are connected and secured to the boat in accordance with Title 33 CFR Part 183, Subpart I, Electrical Systems, and Title 33 CFR Part 183, Subpart J Fuel Systems. The use of “permanently installed” is to highlight its difference from the use of “portable equipment”.

TO COMPLY WITH THE LAW
Is there a gasoline fueled engine permanently installed in the compartment?
If YES, then one of the following must be answered YES.
Is the compartment open to the atmosphere as defined under 183.605? or
Is there a natural ventilation system provided? See 183.630 for requirements

FUEL TANK COMPARTMENT
Permanently Installed Fuel Tanks
A permanently installed fuel tank must have a vent system in accordance with Title 33 CFR Subpart J - Fuel Systems, 183.520. This section on fuel tank vents requires that vents have a flame arrester and not allow a fuel overflow at the rate of up to two gallons per minute to enter the boat. This requires a fuel tank vent opening that is outside of the boat and will not vent into the compartment. For permanently installed fuel tanks, 183.620 (a)(3) and (5) of this guideline apply. ****PLEASE NOTE THAT THE FOREGOING PARAGRAPH DOES NOT APPLY TO OUTBOARDS..MARC'S NOTE HERE, NOT PART OF THE OFFICIAL TEXT****
Portable Fuel Tanks
Compartments used to store vented portable fuel tanks or containers are required to be equipped with natural ventilation.
Cockpit seat lockers in auxiliary sailboats are often used as fuel tank compartments for portable outboard motor fuel tanks. If this fuel tank vents into the locker, then natural ventilation of this locker is required.
Since fuel vapors seek the lowest point of any compartment, gasoline vapors should be considered when designing and constructing a compartment that will contain a fuel tank or container that vents into a compartment. Any openings in or near the bottom of the compartment could permit explosive vapors to flow into the bilge of the boat where an ignition source might ignite the vapors.

TO COMPLY WITH THE LAW
Is there a fuel tank in the compartment that vents into the compartment?
If YES, then one of the following must be answered YES:
Is the compartment open to the atmosphere, as defined under 183.605, or
Is there a natural ventilation system which meets the requirements of 183.630?
Also read this
http://www.uscgboating.org/recalls/pdfs/BSC69.pdf
look at the bottom of this next circular where the Coast Guard Opines that by their definition, there is no such thing as a portable fuel tank over 7 gallons.
http://www.uscgboating.org/recalls/pdfs/BSC71.pdf and this one too http://safetyseal.net/manuals/Vessel_Safety_Check_Manual_Errata.pdf
Hopefully this helps rather than confuses, follow your own counsel like in all else.
Marc

jimh posted 03-27-2007 07:10 PM ET (US)     Profile for jimh  Send Email to jimh     
There is a simple way to look at this:

Based on a interpretation of a unidentified member of the United States Coast Guard, all on-deck fuel tanks of more than seven gallons are now illegal, even though tanks like this have been sold for 50 years and continue to be sold.

Why on earth would the government of the United States allow the sale of an on-deck fuel tank of more than seven gallons if it was illegal to use the tank for its intended purpose?

The Judge posted 03-27-2007 09:02 PM ET (US)     Profile for The Judge  Send Email to The Judge     
I'm calling Jonny Cohran to sue Tempo and who else for endangering my life with oversized deck bombs...DAMN I'M RICH.....crap he's dead!
contender posted 03-27-2007 09:20 PM ET (US)     Profile for contender  Send Email to contender     
JimH I agree with you, But now what happens to all of the old and new boats that do not have built in gas tanks? But now I can have 20 small tanks and thats safe?.. Believe it or not I will bet that this new law was a knee JERK reaction because all of the smuggling in south Florida and around. I guess I have to start building that nuclear reactor that I have been holding off to do.
longboarder posted 03-27-2007 09:59 PM ET (US)     Profile for longboarder  Send Email to longboarder     
This is what I received. Line 1) Display of CF #'s, Spacing between letters and numbers needs to be wider. Line 4) Visual Distress Signals. At the bottom "Replace permanent fuel tank with two portable 7 gal tanks". This is what took up about 20 minuts for him to explain to me and a new person working with him.

Vessel Safety Check

cgodfrey posted 03-27-2007 10:38 PM ET (US)     Profile for cgodfrey  Send Email to cgodfrey     
http://www.bloodydecks.com/gallery/files/5/3/3/4/BWcitation.jpg
jimp posted 03-27-2007 10:47 PM ET (US)     Profile for jimp  Send Email to jimp     
Well, it's a Vessel Safety Check done by the USCG Aux, is voluntary and carries no monetary penalties.

And the standard portable tank is 6 gallons. So the Aux is off base on this one.

Ignore it, go boating, and have fun.

JimP

Chuck Tribolet posted 03-27-2007 10:59 PM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
That's not a citation. That's not even a fix-it ticket.
That's a vessel safety check, purely voluntary, and no
penalties or correction required BY THIS PAPERWORK.

I see a problem with the display of your numbers. You want
to fix that because it gives a water cop a reason to get
interested in you.

And more importantly, there's a problem
with your visual distress signals (probably flares). You
REALLY want to fix that because A) it's truly safety-related,
and B) a real ticket if you get real boarding by the regular
USCG (no insult whatsoever intended to the USCGA).

If you had passed, they would have given a decal that is
reputed to reduce the probability of a regular USCG boarding
(makes sense, the CG isn't dumb, they want to find the boats
that aren't safe on the water).

There's an annotation about your tanks, which is likely
incorrect.


Chuck

longboarder posted 03-27-2007 11:00 PM ET (US)     Profile for longboarder  Send Email to longboarder     
Jim, so I don't have to bring the boat back to show that these items have been addressed? Sorry if I'm ignorant on this. I was under the impression that this a legal citation. No? He said if pulled over by the harbour police, ect... that the same will be written up.
longboarder posted 03-27-2007 11:02 PM ET (US)     Profile for longboarder  Send Email to longboarder     
Chuck, thank you for that. Sorry if I cause confusion.
jimp posted 03-27-2007 11:34 PM ET (US)     Profile for jimp  Send Email to jimp     
Longboarder -

No, you do not have to got back.

You may go back to the CG Aux unit (or another) and show them the corrections and get your VSC decal. Again the decal shows the active duty USCG that you are in compliance and they'd rather board a boat without a VSC decal than waste time with a boat that's good.

Chuck is correct, make sure your numbers and flares (VDS) are correct - if boarded by the CG, they could cost you money..

Incorrect numbers give the LE types an excuse to stop you, whether it's USCG, Harbor Patrols, whatever. Once they're aboard, they'll check things AGAIN. Fire extinguishers, VDS, registration, the whole thing.

CG boardings are fairly easy to pass as the regulations are readily avialable to the public. If you want to boat, you want to do it safely.

The CG Aux did it's job. They made you aware of some shortcomings. Yes, they likely gave you some bad info on the tanks, but the Aux tries very hard and works very hard. Wave in a friendly manner the next time you see them on patrol. They are all volunteers and each year they save many lives.

JimP

FRSam posted 03-27-2007 11:44 PM ET (US)     Profile for FRSam  Send Email to FRSam     
Could someone please simplify this thread for me...I boat in California, I have a 150 Montauk with a 18 gallon gas tank strapped under the console seat...is this legal or not?
17 bodega posted 03-28-2007 01:35 AM ET (US)     Profile for 17 bodega  Send Email to 17 bodega     
Thanks for sharing the info longboarder. You have provided a fantastic learning experience for the members here. I would take Chucks advice and correct the safety issues with the boat, and return for a second check, and decal.

That's the ideal way the system should work. Identify and correct the safety issues before an emergency. I work at a publicly funded boat ramp part time and some of the boats we see launch into the Pacific Ocean are downright scary. I try to advise some boaters to rethink their plans, but there is no protocol for denying access to neglegent boaters. I would like to see more requirements in place for boaters like there are for drivers licenses.

Chuck Tribolet posted 03-28-2007 06:32 AM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
FRSam: AFAIK, you and I are legal in California.


Chuck

Hoosier posted 03-28-2007 07:13 AM ET (US)     Profile for Hoosier  Send Email to Hoosier     
Mardav made this statement earilier in this thread:

If you are stopped in Florida with an above deck tank exceeding 7 gallons you WILL get at least a $150 fine. This is a Federal violation not State.

So, is this "for real" or a misunderstanding of the inspection rules?

Knot at Work posted 03-28-2007 07:57 AM ET (US)     Profile for Knot at Work  Send Email to Knot at Work     
See, if the Great Lakers would have just let the Coast Guard practice small arms training then this yahoo, might not have even been in Kalifornia!
mikeyairtime posted 03-28-2007 08:22 AM ET (US)     Profile for mikeyairtime    
That's the reason I say thanks but no thanks to the auxiliary when they want to get on my boat.
contender posted 03-28-2007 08:05 PM ET (US)     Profile for contender  Send Email to contender     
Who checks the coast guard boats?
jimp posted 03-28-2007 08:29 PM ET (US)     Profile for jimp  Send Email to jimp     
District or Area Standardization Teams check CG boats up to 175'. Above that, cutters go through refresher training or TSTA (Tailored Ships Training Availability) with the U.S. Navy.

Are they perfect? Nope. Years ago I inspected a CG boat with the red/green navigation lights reversed.

JimP

Mardav posted 03-28-2007 09:25 PM ET (US)     Profile for Mardav  Send Email to Mardav     
Hoosier,

This thread was getting a little contentious on the who is right and who is wrong thing, so I am staying out of the fray. I asked my son-in-law to see if he has a copy of his citation, and if he does, I will scan it (if I figure out how) and post it. He paid $150 + $18 fee for something he doesn't remember what. When he was boarded he and my daughter where following my wife and I in our bigger boat (his is about 20' Proline) on a short trip from New Smyrna Beach to St. Augustine. There were two LE boats, a Coast Guard big inflatable type boat with 5 guys (two man boarding party) and a Florida Marine Patrol with two guys on a 22' foot (more-or-less) center console with a blue flasher, who just sort of hung around. Funny things were, a. we were not boarded, or even looked at closely on my boat and b. Neil's (son-in-law) flares were out of date but that got ignored or forgotten because the big issue was the gas tank. The CG guys also said that his tank (a large plastic one) was also an explosion risk because it was not grounded or vented overboard and that risk was what was prompting the current enforcement actions.
I don't know why the same risk would not exist with any size plastic tank or if it really is any risk. Maybe someone on this board knows. Also, I should not be so adamant about the "WILL get fined", that's just what the duty officer at the Ponce Inlet CG station told me when I called to ask about the citation (I nicely asked to be 'educated' since many boats around here including ones in my family have larger plastic tanks on deck), maybe he was BSing me, who knows.
Oh well, keep the dirty side down.
Marc

Hoosier posted 03-28-2007 10:16 PM ET (US)     Profile for Hoosier  Send Email to Hoosier     
Thanks Mardev,

I'm as concerned about this as the next guy since I have a 21 gal Pate tank under the RPS on my Montauk. Maybe the CG guys in the Great Lakes aren't as hard over about this as the ones you have to deal with in Florida.

Landlocked posted 03-29-2007 09:58 AM ET (US)     Profile for Landlocked  Send Email to Landlocked     
Since I'm heading down to Florida in May and have two 12 gallon tanks under the seat of my Montauk - figured I'd email the Florida Marine Patrol and get their Position on it. I Tried to email the Coast Guard as well but haven't found a public information link. I'll post the reply I get from Marine Patrol

Ll.

Binkie posted 03-29-2007 10:36 AM ET (US)     Profile for Binkie    
Landlocked, that's Florida Fish and Game, now. No More FMP
DickRussell posted 03-29-2007 01:19 PM ET (US)     Profile for DickRussell  Send Email to DickRussell     
I am glad this all surfaced now, I took out an old 24 and I was looking at replacing it. I guess my best bet is a pair of 6's.
JMARTIN posted 03-29-2007 01:50 PM ET (US)     Profile for JMARTIN  Send Email to JMARTIN     
What a bunch of hooey, the rule does absolutely no good if you do not remove your "7 gallon or less portable tank" from the boat while fueling. I understand the problems with bilges and gasoline vapors. After fueling, just stick your nose in the bilge and try some huffing. I have always wondered about bilge blowers. Are you suppose to be running the blower when you fuel, or turn it on after you fuel, before you start up? John
Binkie posted 03-29-2007 02:36 PM ET (US)     Profile for Binkie    
I think the misunderstanding is that here are no bilges in 13, 15,or 17 ft. Whalers. The CG people are not aware of this and probably wouldn`t understand an explanation any way. When I was in, many were just Iowa farm boys, trying to get off the farm. Maybe they`re more sophisticated today, but maybe not.

Rich

Landlocked posted 03-29-2007 03:44 PM ET (US)     Profile for Landlocked  Send Email to Landlocked     
All I know is if this is really being enforced, Its going to cost a lot of folks a significant amount of money to get in compliance. Its also going to significantly reduce my range since I really don't want 4 seperate 6 gallon tanks in my boat taking up space.

I wonder if Whaler would get involved on our behalf and get the Coast Guard to issue some type of ruling exempting the montauk.

Ll.

JMARTIN posted 03-29-2007 04:06 PM ET (US)     Profile for JMARTIN  Send Email to JMARTIN     
I don't think there is a "bilge" on my V-22. There is a rigging tunnel to starboard and a baitwell. Now, I do have a bilge pump in the rigging tunnel, it could spark. The baitwell can and does get fumes from the internal fuel tank. That is how I discovered that the fill hose was shot. John
longboarder posted 03-29-2007 04:28 PM ET (US)     Profile for longboarder  Send Email to longboarder     
*Quote* There is a rigging tunnel to starboard and a baitwell. Now, I do have a bilge pump in the rigging tunnel, it could spark. *Quote*


This is the area the the CG inspector was talking about.
He also said during our conversation that if boarded by the harbour patrol, CG, or anyone else I'm missing that is authorized to inspect and issue citations that this may or may not be an issue.

I will do like Jim suggested, get my flares, correct my CF #'s and remove my tank, in order to get my sticker of compliance. Whatever happens after with my gas tank modification falls on my shoulders.

longboarder posted 03-29-2007 04:29 PM ET (US)     Profile for longboarder  Send Email to longboarder     
*Correction* My rigging tunnel runs from midship to stern.
JMARTIN posted 03-29-2007 04:41 PM ET (US)     Profile for JMARTIN  Send Email to JMARTIN     
That is what is weird, the baitwell is lower than the rigging tunnel and I am guessing would hold more fumes than the tunnel. John
bc posted 03-29-2007 06:17 PM ET (US)     Profile for bc    
[Changed TOPIC to travel plans.]
Chuck Tribolet posted 03-29-2007 06:48 PM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
1--Nobody has cited a CFR that applies to outboard boats.
I am not a lawyer, but I see no reason to be
concerned.

2--The bilge pump is sealed to keep water out, and that will
keep gas fumes out and spark in.


Chuck

The Chesapeake Explorer posted 03-29-2007 09:15 PM ET (US)     Profile for The Chesapeake Explorer  Send Email to The Chesapeake Explorer     
Jimh, I am with you.. 50 years of tanks over 7 gal..This Coast Guard person is not a federal judge and he would be hard pressed to prove that 50 years of "Private Enterprise" sales of gas tanks accepted in 50 states and inspections of how many thousands of boats with these tanks in them is now somehow wrong. I have been inspected many times.. never a peep about the twin 12 gal. steel tempo gas tanks on my 17 Montauk. Portable?? Let the boat catch fire i can show them how far I can throw those suckers!
jimh posted 03-30-2007 07:46 AM ET (US)     Profile for jimh  Send Email to jimh     
Wait a minute. I think we've been sold a bill of goods. Looking at the actual piece of paper, there is no "ticket" or citation. This looks to me like a failed Coast Guard Auxiliary Vessel Safety Check. As far as I know, the real United States Coast Guard no longer performs vessel safety checks and hands out decals. The reason I say this is that last summer I tried to find some official organization that would give me a safety check and a decal, and the United States Coast Guard told me they no longer gave out decals. The real Coast Guard might board your boat for an inspection--and I have had that happen twice in the last ten years of boating around the Great Lakes--but they do not sit around at the dock doing Vessel Safety Checks.

Based on the look of the "ticket" this whole brouhaha sounds to me like it was stirred up by a over enthusiastic Coast Guard Auxiliary vessel safety examiner.

jimp posted 03-30-2007 09:29 AM ET (US)     Profile for jimp  Send Email to jimp     
Often a CGAux member may make a "recommendation" that is taken as the official word.

JimP

mikeyairtime posted 03-30-2007 12:48 PM ET (US)     Profile for mikeyairtime    
Is there anyone here who has paid a fine or had to remove a tank. No friends or in laws etc. just someone on this board who's had to remove a tank or been fined. I bet not.
Landlocked posted 03-30-2007 01:21 PM ET (US)     Profile for Landlocked  Send Email to Landlocked     
Below is the response I just recieved from someone at Florida Fish and Game:

[I] have the same setup in my boat Mr.Catr on and I have never heard of any such requirement. If there is a compartment where fumes may collect, then you will need a fire extinguisher. That's the only requirement that I can think of along those lines. Thanks

The Judge posted 03-30-2007 01:24 PM ET (US)     Profile for The Judge  Send Email to The Judge     
Has anyone called Pate or Tempo to find out their take on this. If it is true, will they pay the fine if you use their "illegal" tank that you just paid $450 for?

There are many idiots out patroling the waters. A few years ago I had a similar experience but with fire extinguishers. From what I remember...if you have a 6gal tank or 4 of them) and they are not kept in a compartment(on deck only), you do NOT need a fire extinguisher onboard. If you have a Pate 27 or Tempo 12 then you NEED an extinguisher because the tank is considered permanent or semi perm. That however does NOT mean you need to vent it, it already has a vent cap or ??? from the factory. It does mean that you can probably not throw it overboard and hence need an extinguisher.

Now the other thing you might want to ask the CG(if sober) is if you throw your burning 6 gal tank overboard, how much will the HAZMAT team fine you for discharging more than 5 gallons(law I believe)? Nowadays they will fine you for dripping an ounce out your vent at the fuel station and why I do not use them.

tomol posted 03-30-2007 02:45 PM ET (US)     Profile for tomol  Send Email to tomol     
I didn't read every word of every post above, but a couple of points.

I was boarded and inspected by the CG last June outside Dana Point Harbor. They went through everything and I mean everything. It took them 45 minutes to go through my 17. They got me on expired flares and my 360 degree light, which had burned a bulb and was only showing 180 degrees.

Did I mention they were thorough? They wrote me up for the flares and towed me to the dock because bad navigation lights require them to "terminate your voyage" and made it clear that if I'm cited again for faulty running lights it's an "arrestable offense".

They also told me I'm required to have a rag and a receptacle with which to collect environmentally hazardous materials should there be a spill. They let me off using my beach towel and an empty Gatorade bottle.

At no time did they mention anything about my permanantly affixed 23-gallon gas tank in front of the console.

Ultimately, I never paid a fine. I got nervous when I never heard from them, and called a couple of times. The officer I spoke to said they would get in touch with me when they wanted to talk to me. After a couple of lengthy discussions got the impression they were saying, in effect, "go away and be thankful you aren't writing us a big check, and don't even blink wrong in the future."

I said, "Yes, ma'am." As politely and gratefully as I could. My lights work great now!

Binkie posted 03-30-2007 03:56 PM ET (US)     Profile for Binkie    
tomal,

That sounds typical of a government agency with way to much power, through Homeland Security. Years ago, they were the fisherman's friend, and would always help you out, even with a tow. Commercial fishermen loved them, because they felt the CG was watching over them. Back in the `60s I was stationed at a life boat station on Long Island, at Westhampton Beach, and a dragger called in that was out of gas, with his nets down. We brought him some gas, and the next day he stopped by the station with a load of fish for us. I also pulled duty on a light house on Long Island Sound before they were automated, and people would stop and take us water skiing. We were a friendly bunch back then. Now they treat the citizens like drug smugglers and terrorists.

Rich

Binkie posted 03-30-2007 05:03 PM ET (US)     Profile for Binkie    
Just found the USCG Aux. regulations on the Internet. There are 24 of them an 1 that applies to fuel tanks.

Rule# 12
FUEL SYSTEM: Tanks secure. Tanks over 7 gallons are considered permanent and must be grounded/vented. Hoses in good condition, no leaks.

This rule is very ambiguous in my estimation and has loopholes. It makes no mention of a fuel filler that is overboard or on a gunwale. It is very easy to secure your tank, (you would probably do that anyway), and a ground is a good idea, and not hard to vent overboard. You might not want to drill a hole in the side of a 13 foot Whaler to install a vent, but why not just run a piece of plastic hose or fuel hose from the vent, along the side attached to the controls or wiring harness and run it overboard at the stern with a vent stuck in the end of the hose. If you have no bilge, you shouldn`t have any problems, at least the way the rule is written.

The funny thing is when I take my race boat out for a run, I`m not in compliance with any rule. It`s not even registered. I haven't been stopped but I think I would just say I`m just out testing, and beg for mercy. LOL At the AOMCI meets no one bothers us, and I`ve seen some race boats with reg. numbers, but that's all. Would you carry an anchor and horn in a raceboat?

WHERE IS SHEILA ANYWAY, WHEN WE NEED HER. Maybe she could clarify the rule # 12.

pglein posted 03-30-2007 05:42 PM ET (US)     Profile for pglein  Send Email to pglein     
I just want to re-clarify something for people who may have skipped some reading and jumped to the bottom.

The "citation" he received was from the USCG Auxilary. It was a voluntary inspection and carries no penalty. They do not write "regulations". They write guidelines which attempt to mimick the real USCG regulations, but clearly actually do not in some instances. The 12 gallon tanks are legal, but considered unsafe by the USCG Auxilary, who have no real authority to speak of. Which is good, since they are simply volunteers.

I have tremendous respect for the Auxilary, but they are what they are. They can't arrest you, they can't write you tickets, and they can't enforce laws. They can, however, help you be aware of the laws and help ensure you do not run afoul of them.

tomol posted 03-30-2007 07:05 PM ET (US)     Profile for tomol  Send Email to tomol     
Binkie, you may be right, but I have to say the crew that did the inspection on my boat were as professional and friendly as I could hope for. They seemed genuinely interested in our fish and how we got them, and those who weren't actively doing something -- the line holders, helmsman (who was really a helmswoman), etc. kept the small talk lively and congenial.
jimh posted 03-30-2007 07:56 PM ET (US)     Profile for jimh  Send Email to jimh     
The USCG Auxiliary is a good group, but they don't make regulations.
GreatBayNH posted 03-31-2007 08:58 AM ET (US)     Profile for GreatBayNH  Send Email to GreatBayNH     
I just bought 2 - 12 gallon Tempos to replace my 6.6 gallon QuickSilver tanks. I think I now know why Whaler may sell Montauks with 6.6 gallon tanks. Odd number, 6.6, isn't it? Just under 7 gallons....Hmmm.

Here is my plan...
Have my 6.6 gallon tanks in place for the USCGA inspection, get my sticker (it's the sticker we want to display to keep the Coasties away anyway, right?). Then I will put the 12 gallon tempos in place.


Plotman posted 03-31-2007 10:41 AM ET (US)     Profile for Plotman  Send Email to Plotman     
6.6 gallons is an oddball size if you think like an american. It is exactly 25 litres if you think like the rest of the world.
Binkie posted 03-31-2007 11:07 AM ET (US)     Profile for Binkie    
Where do you put the sticker if you don`t have a windshield. Someone should make those stickers, and sell them on E-Bay. Would save a lot of trouble, I would think.

Rich

jimh posted 03-31-2007 11:17 AM ET (US)     Profile for jimh  Send Email to jimh     
I never could find any one or any place to get a courtesy inspection and a decal. So I dragged a couple of Coast Guardsmen over to my boat and demanded they inspect me. They did. I passed. They gave me a copy of the boarding report.

A few weeks later I got hauled over by a USCG Patrol boat. I showed them my prior boarding and inspection report. The boarding officer looked at it, then said, "Have a nice day, Sir." Off they went in search of someone else to board.

GreatBayNH posted 03-31-2007 02:04 PM ET (US)     Profile for GreatBayNH  Send Email to GreatBayNH     
I drop my boat under in shadow of America's oldest public shipyard (Navy Yard since 1800). It was the place John Paul Jones built the first US ship to be saluted by a foreign power and the first US ship to defeat a British Royal Navy ship (see USS Ranger). Now the yard proudly services nuclear attack subs. There is a Coast Guard station as well at the mouth of the river where it meets the Atlantic. Added to that the river is the avenue of ingress and egress of the one of the largest protected estuaries on the east coast (enviro-cops galore!). I have plenty of "authorities" ready to board me. That inspection sticker is gold in my case. Lucky for me the USCGA is at the ready at my boat launch every spring with a stack of stickers. I just hope my increased tank size doesn't cause an issue this year. Like I said before, I may go out with the twin 6.6's in place until I get my sticker.

-Seth

beachbum21811 posted 04-16-2007 01:17 PM ET (US)     Profile for beachbum21811  Send Email to beachbum21811     
First: It is Illeagle to fill removable tanks on a boat, The MUST be removed to be filled, Thus they must be light enough to be lifted when full (7.5 gallon).


Second: If you don't like the rules... Don't operate a boat. The coast Gaurd waste too much time on idiots who do not want to follow the rules.

Landlocked posted 04-16-2007 03:09 PM ET (US)     Profile for Landlocked  Send Email to Landlocked     
Third, what's lacking in this country lately is the freedom to do as hell one pleases without some bum trying to think for you.

Ok, I fell for the troll. If its a law. Its a stupid ass law. My tanks have been in my boat since 1979 and now some dumbass tells me they are dangerous. Guess I'll be payin' a ticket because I sure as heck ain't changin them out. They are perfectly legal up here in Tennessee.


Ll.

Chuck Tribolet posted 04-16-2007 03:16 PM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
Beachbum: Please quote chapter and verse where it says it's
illegal to fill portable tanks on the boat.


Chuck

Binkie posted 04-16-2007 06:36 PM ET (US)     Profile for Binkie    
beachbum
I believe its either a 2nd or 3rd degree felony to spell Coast Guard --(coast Gaurd) wrong. I`ll look it up for you.
mobey posted 04-16-2007 07:18 PM ET (US)     Profile for mobey  Send Email to mobey     
1 liter of Schweppes Tonic last checked at better than half full. OK. Oh DANG. - SOS Need Help - I just heard the last gasping gurgle from my bottle of Beefeater. My GOD!%! No more gin? It is indeed empty- I just looked again to make absolutely sure. I had better go wake my wife and let her know what kind of trouble I now face. No, duh, don't wake her.

wow. Back to it. I think it is about the end of this griping tale. Hey though, at least I know what to do if I ever get "longboarder-ed" by the gas tank cops. The fellas will know I'm cool and the chicks will dig me deep.

F-Yeah!


ebay [return]
Search: whaler foam cup hold* drink Time: ending soonest

WellFairFisherman posted 04-18-2007 01:54 AM ET (US)     Profile for WellFairFisherman  Send Email to WellFairFisherman     
USCG Auxillary issued me my sticker last summer in Long Beach Ca. at a voluntary check at the launch ramp with this Tank under the seat.....

Photo: Boston Whaler boat with on-deck fuel tank of approximately 12-gallons.

MATTANZA posted 04-18-2007 03:49 AM ET (US)     Profile for MATTANZA  Send Email to MATTANZA     
I was boarded by the Coast Guard last Friday in San diego Bay. They did a safety inspection of my boat. I was told that I had to put my life jackets in my console, to make them more accessable. I keep a bag with 4 life jackets in my foward hold. They're real easy to get to. The Coast insisted that I move them, I said no. I was going to be cited, so I stuffed them in the console and showed him what a real hassle it was to get them out. He told me to put them back in the bag and in the hold. He did give me a warning for expired flares.
Binkie posted 04-18-2007 07:11 AM ET (US)     Profile for Binkie    
wellfair,
By the looks of the 2 handle controls, and the cable and pulley steering, it looks like your running a classic OMC. How about posting a pic. of the rest of your fine looking 13 footer.
Rich
jimh posted 04-18-2007 08:58 AM ET (US)     Profile for jimh  Send Email to jimh     
We have many reader here with many years of experience in boating. Perhaps we could draw on that experience to discover how many times a Boston Whaler open boat like a classic Montauk has exploded and caught fire from gasoline fumes after filling an on-deck fuel tank of more than 7-gallons which was not removed from the boat during the fueling.
Binkie posted 04-18-2007 10:44 AM ET (US)     Profile for Binkie    
jimh, if it has happened to someone, they probably would not live to report it to the CW board. This is what no doubt happened to the regular members who have disappeared from CW over the years.

rich

gnr posted 04-18-2007 02:29 PM ET (US)     Profile for gnr    
Filling portable tanks on board a small boat seems tame compared against filling the tank of an "air-cooled" motorcycle engine fresh off the interstate after a hard two hundred mile run on a hot day.

dnh posted 04-26-2007 12:50 PM ET (US)     Profile for dnh  Send Email to dnh     
Can anyone provide a link to any CFR which specifically states that tanks over seven gallons are considered "permanent?"


Livingwater posted 04-26-2007 01:43 PM ET (US)     Profile for Livingwater  Send Email to Livingwater     
I'm one of many proud members of the Coast Guard Auxilliary. VSC or Vessel Safety Check is not a boarding or law inforcement issue. Citations are not written by USCGAUX. however they will upon your request present the boater with a written evaluation stating what areas of concerned is preventing the issue of a passed VSC sticker.

By displaying the sticker on your boat it may not prevent the law enforcement agency from boarding your boat but it does show them that the vessel was inspected in the current year by a trained specialist (Vessel Safety Examiner) which may be either a boating official, member of the Coast Guard Auxilliary or a member of the United States Power Squadron.

MisDee posted 04-26-2007 05:30 PM ET (US)     Profile for MisDee  Send Email to MisDee     
As someone who is required to perform a minimum number of Vessel Safety Chesks each year and as a proud Whaler owner I can honestly say that I would never fail a vessel simply for having portable tanks.

There are different sections on a VSC and several apply to gas tanks as described in this thread. The first is item 5:
(I'm quoting from the USCGAUX page that governs what is inspected as part of a VSC)

Item 5 - Fire Extinguishers:

Fire extinguishers are required if one of the following conditions exists: (1) Inboard engine(s); (2) Closed compartments that store portable fuel tanks; (3) Double bottom hulls not completely sealed or not completely filled with flotation materials (4) Closed living space (5) Closed stowage compartments that contain flammable materials or (6) Permanently installed fuel tanks NOTE: Fire extinguishers must be readily accessible and verified as serviceable.

The second is:

Item 15 - Overall Vessel condition:

As it applies to this Vessel. Including, but not limited to:


b. Safe Electrical and Fuel Systems:

. . . Fuel Systems - Portable fuel tanks (normally 7 gallon capacity or less) must be constructed of non-breakable material and free of corrosion and leaks. All vents must be capable of being closed. The tank must be secured and have a vapor-tight, leak-proof cap. Each permanent fuel tank must be properly ventilated.

There is no mention of filling the tanks off the boat, venting overboard etc.

"A Vessel Safety Check is a courtesy examination of your boat (Vessel) to verify the presence and condition of certain Safety Equipment required by State and the Federal regulations. The Vessel Examiner is a trained specialist and is a member of the United States Power Squadrons or the US Coast Guard Auxiliary. They will also make certain recommendations and discuss certain safety issues that will make you a safer boater.

This is not boarding or a law enforcement issue. No citations will be given as a result of this encounter. We will supply you with a copy of our evaluation so that you may follow some of the suggestions given. Vessels that pass will be able to display our distinctive VSC decal. This does not exempt you from law enforcement boarding, but you can be prepared to make this a positive encounter."

Your local law may vary.


MisDee posted 04-26-2007 05:34 PM ET (US)     Profile for MisDee  Send Email to MisDee     
If you are interested in performing a self-assessment of your vessel in preparation for a VSC you can find the details here:

http://safetyseal.net/what_is_vsc.asp

That page also has links on how to sechedule a VSC

Obviously this represents the minimums but it is truly amazing how many folks (non-Whaler owners obviously) are not in compliance.

VSC - Its a good thing

dnh posted 04-26-2007 06:47 PM ET (US)     Profile for dnh  Send Email to dnh     
Is anyone aware of any provision in the United States Code of Federal Regulations which defines a portable fuel tank as seven gallons or less, or defines tanks in excess of seven gallons as permanent?

GreatBayNH posted 04-26-2007 07:01 PM ET (US)     Profile for GreatBayNH  Send Email to GreatBayNH     
I thought this sounded familiar so I looked it up in my USCGA Boat Safety lesson book. Sure enough, the 7 gallon rule is in there.

-Seth

jimh posted 04-26-2007 08:16 PM ET (US)     Profile for jimh  Send Email to jimh     
Sorry to reply in the negative, but I am not aware of any federal regulations which define a portable fuel tank as having only a certain capacity in gallons. If I were I would certainly be pleased to cite them. Considering the length to which this discussion has grown, I am certain that if there were a federal regulation on this topic it would be fairly simple to locate and cite it, and the fact that no one has been able to do this tends to speak to the argument that there is no such regulation in existence.

What makes CONTINUOUSWAVE somewhat different than other discussion web sites whose topic is boating is our very strong preference for providing some sort of basis for information other than a "you just have to take my word for it" argument. The "you just have to take my word for it" argument is often given as the basis or foundation for advice and opinion given from many. But "trust me, you just have to take my word for it" seems like a rather weak basis for representing the laws of the United States.

It has been my experience that the laws of the United States are written down and published so that you can become aware of them. Access to these regulations is now more simple and transparent than ever, thanks to the publishing of all the laws on the public internet. Now all one has to do to find a law or to cite a law is to just locate it on the internet in a publication from the United States or from a reputable third party who has reproduced the laws of the United States.

I think the Coast Guard Auxiliary is a great organization, but I do not believe the process of lawmaking has been ceded to them by Congress or the Judiciary. Therefore, I do not find their internal guidelines for a vessel safety check to be federal regulation. So citing some website where the Coast Guard Auxiliary says such and such does not really comply with the criteria of citing the actual regulation.

Now it may very well be that "everbody knows" that a portable fuel tank is defined in federal regulations to be less than 7-gallons in capacity. But I still think it is worthwhile to locate the actual source of this in the federal law. Federal law usually is quite clear about things like this. For example, federal law says you need to show red and green navigation lights, and they even go so far as to define the precise chromaticity of the light which constitutes a red or green light. You can easily find this information (in the technical appendix to the navigation rules).

Proceeding on a similar basis, it seems entirely reasonable that if the federal government defines something as a "portable fuel tank" they probably give some specifications about it which include the capacity of such a tank, if they intended to include a capacity as part of the criteria. If you want to make a claim that the rules of the Coast Guard Auxiliary are binding on mariners, then you need to cite some federal law that grants that power. Usually such a citation will have to be somewhere else than in the rules of the Coast Guard Auxiliary, because as a general manner of how government works, most agencies cannot grant themselves police power; they have to get their power and authority from Congress or some other act or legislation.

It has recently been brought to my attention that some readers think that the propensity of CONTINUOUSWAVE to prefer citation of real federal laws in lieu of citations in the form of "trust me, you just have to take my word for it" constitutes "hair splitting." I disagree with that assessment.

As best I can tell, what is mean by "hair splitting" in these sorts of cases is that the people making the "trust me, you just have to take my word on this" argument are just upset that they have not been accorded sufficient recognition as experts or representatives of the federal government by other readers.

I am also similarly unimpressed with the "it's in there" argument. This argument is offered as a response when a citation is requested. Instead of citing the actual regulations, the "trust me, you just have to take my word for it" expert reverses the paradigm of the burden of proof. Instead of providing a citation, he offers the "it's in there" citation, that is, the regulation exists, it is buried somewhere in the federal regulations, and now the burden of locating it is suddenly shifted onto the person asking for the citation.

In this discussion, and many others, I don't try to represent myself as an expert or as an authoritative spokesman for an agency of the federal government. To the contrary, all I ask for is some citation of the published laws of the United States wherein I can read for myself the law that provides that a "portable fuel tank" means a tank that has a capacity of less than 7-gallons.

GreatBayNH posted 04-26-2007 08:28 PM ET (US)     Profile for GreatBayNH  Send Email to GreatBayNH     
Here is what is written in the United States Coast Guard Auxiliary "Boating Skills & Seamanship" Core Course -Twelfth Edition (second printing).

Chapter 2 "Equipment For Your Boat"
Page 2-5 (second to last paragraph)
"Gasoline tanks with capacities less than seven gallons may be called "portable". Tanks greater than seven gallons may sometimes be called "portable", but the Coast Guard considers them to be permanent tanks and requires that they be permanently secured before a boat can be awarded its safty decal."

-The Messenger

Taylor posted 04-26-2007 08:57 PM ET (US)     Profile for Taylor  Send Email to Taylor     
My initial reaction to Jim's essay above was 'right-on!', but that does not add much value. But right-on anyway.


I did a little Googling and found this:

http://safetyseal.net/manuals/Vessel_Safety_Check_Manual_Errata.pdf

This document claims to be the Vessel Safety Check Manual Errata, Explanations and FAQ, fourth Edition, 18-August 2003. Complied by the Technical Division of the USCG Auxiliary Nation Vessel Examination Department.

It reads (on page 11 of the document) as follows (and I'm including the entire relevant section)

quote:

Page 27. The second bullet point defines a portable fuel tank as 7 gallons capacity or less. This definition is not in the federal regulations. The Auxiliary has considered 7 gallons as the "maximum" size tank that is "easily" portable. The reason, a gallon of gas weighs just over 6 pounds. A full 7 gallon tank will weight about 50 pounds, which is about the maximum that can conveniently be loaded aboard a boat, after filling on the dock.

If there is a fire on an open boat, with portable fuel tanks, the first thing that should go overboard is the fuel tank. This of course is if the boat can be saved, Again, the weight of the tank being thrown overboard should not weight over 50 pounds or the boat will be rolled and the passengers thrown int he water.

Larger fuel tanks, sold as portable, will usually be filled on board. This is dangerous because of sills, vapors and the difficulty to handle.

These are the reasons we should explain to the boater why we only accept 7 gallons as portable.


Two points:

This definition is not in the federal regulations.

There you have it.

If there is a fire on an open boat...first thing that should go overboard is the fuel tank. . Huh? Is that really the recommendation of the USCG Aux? Aside from the environmental regs, and the fact that fuel floats, I think in the event of a fire - I will not be lifting and jettisoning any gas tanks. Seal them up, yes. Hit the fire with an extinguisher, yes. Jump overboard myself, yes. But I'm not getting near a fuel tank in a fire.

So my conclusion is that the USCGA guideline is based on reasoning that seems to me to be somewhat flawed, or at least open to debate by reasonable boaters.

AtoZ posted 04-26-2007 09:04 PM ET (US)     Profile for AtoZ  Send Email to AtoZ     
I see we still don't have any definitive answer. The Coast Guard Aux also just says the Coast Guard says "it’s in there" I would like to know where in there is "in there".
Taylor posted 04-26-2007 09:15 PM ET (US)     Profile for Taylor  Send Email to Taylor     
One more thing - the Errata document is actually linked off of the US Power Squadron website http://www.usps.org .

And, AtoZ, I think we do have an answer - it is not in the federal regulations per the USCG Aux National Vessel Examination Department Technical Division as of August 2003.

They made it up, and they don't have to give my 12 gallon Mirax tank equipped Montauk their sticker. Which is fine, I would have put it in the trunk of my car along with my front license plate and my Washington State Carbon Monoxide warning sticker.

One more thing - for 13 years we had a Kuvasz, he weighed 95 pounds, and I would carry him down two flights of stairs after his bath the keep his wet paws off the carpets. Believe me when I tell you that he was way harder to handle than a fuel tank.


GreatBayNH posted 04-26-2007 09:26 PM ET (US)     Profile for GreatBayNH  Send Email to GreatBayNH     
The Virtual Vessel Safty Check link at http://safetyseal.net/what_is_vsc.asp
Says:
"Fuel Systems - Portable fuel tanks (normally 7 gallon capacity or less) must be constructed of non-breakable material and free of corrosion and leaks. All vents must be capable of being closed. The tank must be secured and have a vapor-tight, leak-proof cap. Each permanent fuel tank must be properly ventilated."


I like the use of the word "normally". Pretty loose term there.
The one thing that does stand out at me is where they say "All vents must be capable of being closed."
I just purchased a low profile cap at Home Depot so that my tank will clear the low RPS. The cap only has one vent and is not capable of being closed. I'm seriously thinking of having my vessel inspected with the 6.6 gallon QuickSilver tanks in place and do the old switch-a-roo after the VSC sticker is applied.

-Seth

dnh posted 04-26-2007 09:46 PM ET (US)     Profile for dnh  Send Email to dnh     
I have a Pate 15 gallon tank on a 1986 15 Sport. Its portable. Its so portable that its not in my boat right now but on the ground beside my boat in my driveway. Its important to me for a variety of reasons to know if there is in fact a CFR regulation that deems it "permanent" because it is over 7 gallons.

I cannot locate such a regulation.

If you cannot provide a link to an actual regulation promulgated by the Congress of the United States of America, I would appreciate it if you would not cite to any entity that does not pass laws.

Does anyone know of such a regulation? If so, what is the cite?

GreatBayNH posted 04-26-2007 10:05 PM ET (US)     Profile for GreatBayNH  Send Email to GreatBayNH     
If failing a USCGA Vessel Safty Check is not important to you, then so be it. I cite the non-law passing entity for those that do care to have a current VSC sticker. In my waters having one can mean the difference between a boarding and being passed by with a friendly wave. Don't mistake my posts for anything other than citing that according to the USCGA, anything over 7 gallons, may result in the failure of a VSC.
Chuck Tribolet posted 04-26-2007 10:37 PM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
The VSC is tougher than the CFR in several areas. For example,
the VSC requires ground tackle, the CFR does not. That's OK
with me -- going out without ground tackle is dumb. Having
an anchor on board turns a dead motor on a windy day in
Monterey from "life-threatening" to "ruined and expensive day". That's a BIG improvement.

And this is another case where the VSC is tougher.

And for those who keep asking for a CFR cite: IT AIN'T THERE.
There's NOTHING in the CFR that I can find that applies to
fuel systems on outboard-powered boats, the whole section
on fuel systems specifically states that it is not applicable
to outboard powered boats. CFR Title 33 Part 183.501(a):

"This subpart applies to all boats that have gasoline engines,
except outboard engines, for electrical generation, mechanical
power, or propulsion."


Chuck

shipskip posted 04-26-2007 10:47 PM ET (US)     Profile for shipskip  Send Email to shipskip     
I don't claim to be an authority, but jimh's response sure makes sense to me. Also, search "fuel tank" on www.westmarine.com for example and note all of the above deck plastic and aluminum tanks in excess of 7 gallons (many pictued with permanent mounting flanges by the way) that state compliance with USCG, ABYC and NMMA regulations.

The main difference that I can determine is vented caps with guage (above deck) and electrical sending unit plug with removable vent plug (below deck). Hmmmm.

GreatBayNH posted 04-26-2007 11:06 PM ET (US)     Profile for GreatBayNH  Send Email to GreatBayNH     
One has to wonder, however, why Boston whaler sells their above deck fuel tank line of boats with nothing in excess of 7 gallon tanks. Or am I wrong on this point? If not I have to assume they complying with some sort of regulation, albeit most likely perceived according to our findings thus far. Many a CW member has voiced their dismay at having to shell out the extra cash on larger fuel tanks when Boston Whaler could clearly sell their boats with larger above deck fuel tank(s). Food for thought.
shipskip posted 04-26-2007 11:08 PM ET (US)     Profile for shipskip  Send Email to shipskip     
Right on, Chuck -

quoting your post.....

"The whole section on fuel systems specifically states that it is not applicable to outboard powered boats. CFR Title 33 Part 183.501(a): This subpart applies to all boats that have gasoline engines, except outboard engines, for electrical generation, mechanical power, or propulsion."

I did not chase down your cited reference, but I will accept your word on it. This is positive. We are headed in the right direction.

Tongue-in-cheek, I now ask the hypothetical....what happens when we get diesel outboards, when the reg you cite specifically states "gasoline" engines?

jimh posted 04-27-2007 01:29 AM ET (US)     Profile for jimh  Send Email to jimh     
Boston Whaler may be associated with the National Marine Manufacturers Association or with the American Boat and Yacht Council, and as a result they may produce boats which comply with the recommendations of those bodies. It may be possible that those recommendations include some mention of fuel tank capacity limits for on-deck fuel tanks. I can't speak with any authority for Boston Whaler, and these comments are just my speculation.
Hoosier posted 04-27-2007 07:14 AM ET (US)     Profile for Hoosier  Send Email to Hoosier     
Re shipskip's tongue in cheek question: it's more likely we'll see E85 engines or even flexfuel ones soon. Then what?
andygere posted 04-27-2007 08:48 PM ET (US)     Profile for andygere  Send Email to andygere     
I think the new Whalers are outfitted with small tanks because it's cheaper than outfitting them with bigger tanks. These all tend to be the price point boats in the line.
Livingwater posted 04-28-2007 10:04 PM ET (US)     Profile for Livingwater  Send Email to Livingwater     
It's a UL standard:
Check this out:
http://ulstandardsinfonet.ul.com/scopes/scopes.asp?fn=1185.html

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