Seagoing Barges, 18929-18962 [2012-4762]
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Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations
PART 52—[AMENDED]
§ 52.1620
Subpart GG—New Mexico
2. The first table in § 52.1620(c)
entitled ‘‘EPA Approved New Mexico
Regulations’’ is amended by revising the
entry for Part 75 to read as follows:
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
*
Identification of plan.
*
*
(c) * * *
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EPA APPROVED NEW MEXICO REGULATIONS
State citation
State
approval/
effective
date
Title/subject
EPA approval date
Comments
New Mexico Administrative Code (NMAC) Title 20—Environment Protection Chapter 2—Air Quality
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*
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Part 75 ................................ Construction Permit
Fees.
*
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*
*
*
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BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Parts 2, 24, 30, 70, 90, 91, and
188
[Docket No. USCG–2011–0363]
RIN 1625–AB71
Seagoing Barges
Coast Guard, DHS.
Direct final rule; correction.
AGENCY:
The United States Coast
Guard published a direct final rule in
the Federal Register on December 14,
2011 (76 FR 77712) revising regulations
for the inspection and certification of
seagoing barges to align with the
language of the applicable statues. That
document inadvertently transposed the
titles of two tables in our amendatory
instructions. Additionally, the Coast
Guard is republishing the vessel
inspection tables that rule amends in
their entirety, so that the format of the
tables is consistent with current Federal
Register format requirements.
DATES: Effective April 12, 2012.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
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SUMMARY:
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3/29/2012 [Insert FR page
number where document begins]
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[FR Doc. 2012–7561 Filed 3–28–12; 8:45 am]
ACTION:
12/1/2003
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email Lieutenant Doug Tindall, United
States Coast Guard; telephone (202)
372–1411, email Douglas.Tindall@uscg.
mil. If you have questions on viewing
the docket, call Renee V. Wright,
Program Manager, Docket Operations,
telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION: The direct
final rule published December 14, 2011
(76 FR 77712) amends row 4, column 4
of Tables 2.01–7(a), 24.05–1(a), 30.01–
5(d), 70.05–1(a), 90.05–1(a), and 188.05–
1(a) as republished in this correcting
amendment. The Coast Guard is
republishing the tables so that the
format of the tables conforms to current
Federal Register requirements. This
correcting amendment makes no
substantive changes to the tables.
Additionally, this correcting
amendment corrects the amendatory
instructions of the direct final rule
wherein the titles of tables ‘‘24.05–1(a)’’
and ‘‘30.01–5(d)’’ were mistakenly
transposed as ‘‘24.01–5(a)’’ and ‘‘30.05–
1(d)’’ respectively.
List of Subjects
46 CFR Part 2
Marine safety, Reporting and
recordkeeping requirements, Vessels.
Fmt 4700
*
Penalties, Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 70
Marine safety, Passenger vessels,
Reporting and recordkeeping
requirements.
46 CFR Part 90
Cargo vessels, Marine safety.
46 CFR Part 188
Marine safety, Oceanographic
research vessels.
Accordingly, 46 CFR parts 2, 24, 30,
70, 90, and 188 are corrected by making
the following correcting amendments:
PART 2—VESSEL INSPECTIONS
1. The authority citation for part 2
continues to read as follows:
■
Authority: 33 U.S.C. 1903; 43 U.S.C. 1333;
46 U.S.C. 2110, 3103, 3205, 3306, 3307, 3703;
46 U.S.C. Chapter 701; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation
No. 0170.1. Subpart 2.45 also issued under
the Act Dec. 27, 1950, Ch. 1155, secs. 1, 2,
64 Stat. 1120 (see 46 U.S.C. App. Note prec.
1).
2. Revise Table 2.01–7(a) in § 2.01–
7(a) to read as follows:
46 CFR Part 30
Cargo vessels, Foreign relations,
Hazardous materials transportation,
Frm 00023
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46 CFR Part 24
Marine safety.
PO 00000
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*
NOT in SIP: subsection (B) of 20.2.75.10 and
subsection (D) of 20.2.75.11.
References to 20.2.70, 20.2.71, 20.2.72.400–
20.2.72.499, 20.2.77, 20.2.78, 20.2.82, and
20.2.X are approved for Part 75 only; underlying and related regulations for referred
Parts NOT in SIP.
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§ 2.01–7 Classes of vessels (including
motorboats) examined or inspected and
certificated.
(a) * * *
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TABLE 2.01–7(a)
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(1) Motor, all vessels
except seagoing
motor vessels
>300 gross tons.
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Method of
propulsion, qualified
by size or other
limitation 1
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels >100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
(iv) These regulations do not
apply to—
(A) Recreational vessels
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
All vessels >15
gross tons carrying freight-forhire, except
those covered by
columns 2 and 3.
All vessels carrying dangerous
cargoes, when
required by 46
CFR part 98.
All vessels not covered by columns
2, 3, 4, and 6.
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
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TABLE 2.01–7(a)—Continued
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(2) Motor, seagoing
motor vessels
≥300 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
All vessels not covered by columns
2, 3, 4, 6, and 7.
All vessels engaged in oceanographic research.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
All seagoing
barges except
those covered by
columns 2 and 3.
All barges carrying
passengers or
passengers-forhire except those
covered by column 3.
None ......................
All tank barges carrying cargoes
listed in Table
151.05 of this
chapter or unlisted cargoes
that would otherwise be subject
to part 151.1 11 12
(4) Non-self-propelled vessels
≥100 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All ferries <100 gross tons
carrying more than 6 passengers and all ferries ≥100
gross tons that carry at least
1 passenger.
(iii) These regulations do not
apply to—
(A) Recreational vessels
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service may carry
persons on the legitimate
business of the vessel 6
in addition to the crew,
as restricted by the definition of passenger.7
(i) All vessels that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and is a
submersible vessel7
(E) Carry more than 12
passengers on an international voyage.
(F) Carry more than 6 passengers and are ferries.
(iii) All vessels that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and is a
submersible vessel 7
(E) Carry more than 12
passengers on an international voyage.
(F) Carry at least 1 passenger and are ferries.
All vessels, including recreational
vessels, not engaged in trade.
This does not include vessels
covered by columns 2 and 3,
and vessels engaged in the fishing industry.
(3) Non-self-propelled vessels
<100 gross tons.
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Method of
propulsion, qualified
by size or other
limitation 1
All manned seagoing barges.
All barges carrying
passengers or
passengers-forhire except those
covered by columns 3 and 6.
All seagoing
barges engaged
in oceanographic
research.
All tank barges carrying cargoes
listed in Table
151.05 of this
chapter or unlisted cargoes
that would otherwise be subject
to part 151 1 11.12
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TABLE 2.01–7(a)—Continued
Method of
propulsion, qualified
by size or other
limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(5)
vessels
≤700 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
All vessels carrying
dangerous cargoes, when required by 46
CFR part 98.
All vessels not covered by columns
2, 3, 4, and 6.
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
(6) Sail.13 vessels
>700 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk 5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels 7
(E) Carry at least 1 passenger and are ferries.
(iv) These regulations do not
apply to—
(A) Recreational vehicles not
engaged in trade.
(B) Documented cargo( or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels, not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
(i) All vessels carrying passengers or passengers-forhire, except recreational vessels.7
(ii) All ferries that carry at least
1 passenger.
All vessels carrying
dangerous cargoes, when required by 46
CFR part 98.
None ......................
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
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TABLE 2.01–7(a)—Continued
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(7) Steam, vessels
≤19.8 meters (65
feet) in length.
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Method of
propulsion, qualified
by size or other
limitation 1
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
(iv) These regulations do not
apply to—
(A) Recreational vessels
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
All tugboats and
towboats. All
vessels carrying
dangerous cargoes, when required by 46
CFR part 98.
All vessels not covered by columns
2, 3, 4, and 6.
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
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TABLE 2.01–7(a)—Continued
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(7) Steam, vessels
>19.8 meters (65
feet) in length.
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Method of
propulsion, qualified
by size or other
limitation 1
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels 7
(E) Carry at least 1 passenger and are ferries.
(iv) These regulations do not
apply to—
(A) Recreational vehicles
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
All vessels not covered by columns
2, 3, 6, and 7.
None ......................
All vessels engaged in oceanographic research.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
Key to symbols used in this table: ≤ means less than or equal to; > means greater than; < means less than; and ≥ means greater than or equal to.
Footnotes:
1 Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
2 Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W (Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171–179 apply whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
3 Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical Schools) of this
chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels) and part 168 of subchapter R
(Nautical Schools) of this chapter.
4 Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this chapter
covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels less than 100 gross
tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
5 Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of the vessel is
not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in bulk. The portion of the vessel used
for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
6 Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
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7 The terms ‘‘passenger(s)’’ and ‘‘passenger(s)-for-hire’’ are as defined in 46 U.S.C. 2101(21) (21a). On oceanographic vessels, scientific personnel onboard shall
not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
8 Boilers and machinery are subject to examination on vessels over 40 feet in length.
9 Under 46 U.S.C. 441 an oceanographic research vessel ‘‘* * * being employed exclusively in instruction in oceanography or limnology, or both, or exclusively in
oceanographic research, * * *. Under 46 U.S.C. 443, ‘‘an oceanographic research vessel shall not be deemed to be engaged in trade or commerce.’’ If or when an
oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons employed in the business of the vessel.
10 Bulk dangerous cargoes are cargoes specified in table 151.01–10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
11 For manned tankbarges, see § 151.01–10(c) of this chapter.
12 See § 151.01–15, 153.900(d), or 154.30 of this chapter as appropriate.
13 Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.
PART 24—GENERAL PROVISIONS
3. The authority citation for part 24
continues to read as follows:
■
Authority: 46 U.S.C. 2113, 3306, 4104,
4302; Pub. L. 103–206; 107 Stat. 2439; E.O.
12234; 45 FR 58801, 3 CFR, 1980 Comp., p.
277; Department of Homeland Security
Delegation No. 0170.1.
4. Revise Table 24.05–1(a) of § 24.05–
1(a) to read as follows:
■
§ 24.05–1 Vessels subject to the
requirements of this subchapter.
(a) * * *
TABLE 24.05–1(a)
Vessels inspected
and certificated
under Subchapter
D—Tank
Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(1) Motor, all vessels
except seagoing
motor vessels
≥300 gross tons.
mstockstill on DSK4VPTVN1PROD with RULES
Method of
propulsion,
qualified by
size or other
limitation 1
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
All vessels >15
gross tons carrying freight-forhire, except
those covered by
columns 2 and 3.
All vessels carrying dangerous
cargoes, when
required by 46
CFR part 98.
All vessels not covered by columns
2, 3, 4, and 6.
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
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TABLE 24.05–1(a)—Continued
Method of
propulsion,
qualified by
size or other
limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank
Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
All vessels, including recreational
vessels, not engaged in trade.
This does not include vessels
covered by columns 2 and 3,
and vessels engaged in the fishing industry.
All vessels not covered by columns
2, 3, 4, 6, and 7.
All vessels engaged in oceanographic research.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
All seagoing
barges except
those covered by
columns 2 and 3.
All barges carrying
passengers or
passengers-forhire except those
covered by column 3.
None ......................
All tank barges carrying cargoes
listed in Table
151.05 of this
chapter or unlisted cargoes
that would otherwise be subject
to part 151.1 11 12
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(3) Non-self-propelled vessels
<100 gross tons.
mstockstill on DSK4VPTVN1PROD with RULES
(2) Motor, seagoing
motor vessels
≥300 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
VerDate Mar<15>2010
16:32 Mar 28, 2012
(iv) These regulations do not
apply to—
(A) Recreational vessels
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All ferries <100 gross tons
carrying more than 6 passengers and all ferries ≥100
gross tons that carry at least
1 passenger.
(iii) These regulations do not
apply to—
(A) Recreational vessels
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service may carry
persons on the legitimate
business of the vessel 6
in addition to the crew,
as restricted by the definition of passenger.7
(i) All vessels that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and is a
submersible vessel.7
(E) Carry more than 12
passengers on an international voyage.
(F) Carry more than 6 passengers and are ferries.
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18937
TABLE 24.05–1(a)—Continued
Vessels inspected
and certificated
under Subchapter
D—Tank
Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(4) Non-self-propelled vessels
≥100 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
All barges carrying
passengers or
passengers-forhire except those
covered by columns 3 and 6.
All seagoing
barges engaged
in oceanographic
research.
All tank barges carrying cargoes
listed in Table
151.05 of this
chapter or unlisted cargoes
that would otherwise be subject
to part 151.1 11 12
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(iii) All vessels that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and is a
submersible vessel.7
(E) Carry more than 12
passengers on an international voyage.
(F) Carry at least 1 passenger and are ferries.
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
All manned seagoing barges.
(5) Sail.13 vessels
≤700 gross tons.
mstockstill on DSK4VPTVN1PROD with RULES
Method of
propulsion,
qualified by
size or other
limitation 1
All vessels carrying
dangerous cargoes, when required by 46
CFR part 98.
All vessels not covered by columns
2, 3, 4, and 6.
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
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Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations
TABLE 24.05–1(a)—Continued
Method of
propulsion,
qualified by
size or other
limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank
Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
All vessels carrying
dangerous cargoes, when required by 46
CFR part 98.
None ......................
None ......................
All tugboats and
towboats. All
vessels carrying
dangerous cargoes, when required by 46
CFR part 98.
All vessels not covered by columns
2, 3, 4, and 6.
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(7) Steam, vessels
≤19.8 meters (65
feet) in length.
mstockstill on DSK4VPTVN1PROD with RULES
(6) Sail.13 vessels
>700 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
VerDate Mar<15>2010
16:32 Mar 28, 2012
(iv) These regulations do not
apply to—
(A) Recreational vehicles
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels, not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
(i) All vessels carrying passengers or passengers-forhire, except recreational vessels.7
(ii) All ferries that carry at least
1 passenger.
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
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18939
TABLE 24.05–1(a)—Continued
Method of
propulsion,
qualified by
size or other
limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank
Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
All vessels not covered by columns
2, 3, 6, and 7.
None ......................
All vessels engaged in oceanographic research.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
mstockstill on DSK4VPTVN1PROD with RULES
(7) Steam, vessels
>19.8 meters (65
feet) in length.
VerDate Mar<15>2010
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
16:32 Mar 28, 2012
(iv) These regulations do not
apply to—
(A) Recreational vessels
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
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Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations
TABLE 24.05–1(a)—Continued
Method of
propulsion,
qualified by
size or other
limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank
Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(iv) These regulations do not
apply to—
(A) Recreational vehicles
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
Key to symbols used in this table: ≤ means less than or equal to; > means greater than; < means less than; and ≥ means greater than or equal to.
Footnotes:
1 Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
2 Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W (Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171–179 apply whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
3 Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical Schools) of this
chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels) and part 168 of subchapter R
(Nautical Schools) of this chapter.
4 Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this chapter
covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels less than 100 gross
tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
5 Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of the vessel is
not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in bulk. The portion of the vessel used
for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
6 Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
7 The terms ‘‘passenger(s)’’ and ‘‘passenger(s)-for-hire’’ are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel onboard shall
not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
8 Boilers and machinery are subject to examination on vessels over 40 feet in length.
9 Under 46 U.S.C. 441 an oceanographic research vessel ‘‘* * * being employed exclusively in instruction in oceanography or limnology, or both, or exclusively in
oceanographic research, * * * *. Under 46 U.S.C. 443, ‘‘an oceanographic research vessel shall not be deemed to be engaged in trade or commerce.’’ If or when an
oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons employed in the business of the vessel.
10 Bulk dangerous cargoes are cargoes specified in table 151.01–10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
11 For manned tankbarges, see § 151.01–10(c) of this chapter.
12 See § 151.01–15, 153.900(d), or 154.30 of this chapter as appropriate.
13 Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.
PART 30—GENERAL PROVISIONS
5. The authority citation for part 30
continues to read as follows:
■
mstockstill on DSK4VPTVN1PROD with RULES
Authority: 46 U.S.C. 2103, 3306, 3703;
Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C.
VerDate Mar<15>2010
16:32 Mar 28, 2012
Jkt 226001
5103, 5106; Department of Homeland
Security Delegation No. 0170.1; Section
30.01–2 also issued under the authority of 44
U.S.C. 3507; Section 30.01–05 also issued
under the authority of Sec. 4109, Pub. L.
101–380, 104 Stat. 515.
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6. Revise Table 30.01–5(d) of § 30.01–
5 to read as follows:
■
§ 30.01–5
ALL.
Application of regulations—TB/
*
*
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18941
TABLE 30.01–5(d)
Vessels inspected
and certificated
under Subchapter
D—Tank
Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(1) Motor, all vessels
except seagoing
motor vessels
≥300 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
All vessels not covered by columns
2, 3, 4, and 6.
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels 7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
(iv) These regulations do not
apply to—
(A) Recreational vessels
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All ferries <100 gross tons
carrying more than 6 passengers and all ferries ≥100
gross tons that carry at least
1 passenger.
All vessels >15
gross tons carrying freight-forhire, except
those covered by
columns 2 and 3.
All vessels carrying dangerous
cargoes, when
required by 46
CFR part 98.
(2) Motor, seagoing
motor vessels
≥300 gross tons.
mstockstill on DSK4VPTVN1PROD with RULES
Method of
propulsion, qualified
by size or other
limitation 1
All vessels, including recreational
vessels, not engaged in trade.
This does not include vessels
covered by columns 2 and 3,
and vessels engaged in the fishing industry.
All vessels not covered by columns
2, 3, 4, 6, and 7.
All vessels engaged in oceanographic research.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
VerDate Mar<15>2010
16:32 Mar 28, 2012
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TABLE 30.01–5(d)—Continued
Method of
propulsion, qualified
by size or other
limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank
Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
All seagoing
barges except
those covered by
columns 2 and 3.
All barges carrying
passengers or
passengers-forhire except those
covered by column 3.
None ......................
All tank barges carrying cargoes
listed in Table
151.05 of this
chapter or unlisted cargoes
that would otherwise be subject
to part 151.1 11 12
All manned seagoing barges.
All barges carrying
passengers or
passengers-forhire except those
covered by columns 3 and 6.
All seagoing
barges engaged
in oceanographic
research.
All tank barges carrying cargoes
listed in Table
151.05 of this
chapter or unlisted cargoes
that would otherwise be subject
to part 151.1 11 12
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(4) Non-self-propelled vessels
≥100 gross tons.
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(3) Non-self-propelled vessels
<100 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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(iii) These regulations do not
apply to—
(A) Recreational vessels
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service may carry
persons on the legitimate
business of the vessel 6
in addition to the crew,
as restricted by the definition of passenger.7
(i) All vessels that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and is a
submersible vessel.7
(E) Carry more than 12
passengers on an international voyage.
(F) Carry more than 6 passengers and are ferries.
(iii) All vessels that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and is a
submersible vessel.7
(E) Carry more than 12
passengers on an international voyage.
(F) Carry at least 1 passenger and are ferries.
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18943
TABLE 30.01–5(d)—Continued
Method of
propulsion, qualified
by size or other
limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank
Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(5)
vessels
≤700 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
All vessels carrying
dangerous cargoes, when required by 46
CFR part 98.
All vessels not covered by columns
2, 3, 4, and 6.
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
(6) Sail.13 vessels
>700 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
(iv) These regulations do not
apply to—
(A) Recreational vehicles
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels, not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
(i) All vessels carrying passengers or passengers-forhire, except recreational vessels.7
(ii) All ferries that carry at least
1 passenger.
All vessels carrying
dangerous cargoes, when required by 46
CFR part 98.
None ......................
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
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TABLE 30.01–5(d)—Continued
Vessels inspected
and certificated
under Subchapter
D—Tank
Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(7) Steam, vessels
≤19.8 meters (65
feet) in length.
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Method of
propulsion, qualified
by size or other
limitation 1
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
(iv) These regulations do not
apply to—
(A) Recreational vessels
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
All tugboats and
towboats. All
vessels carrying
dangerous cargoes, when required by 46
CFR part 98.
All vessels not covered by columns
2, 3, 4, and 6.
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
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TABLE 30.01–5(d)—Continued
Vessels inspected
and certificated
under Subchapter
D—Tank
Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(7) Steam, vessels
>19.8 meters (65
feet) in length.
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Method of
propulsion, qualified
by size or other
limitation 1
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
(iv) These regulations do not
apply to—
(A) Recreational vehicles
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
All vessels not covered by columns
2, 3, 6, and 7.
None ......................
All vessels engaged in oceanographic research.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
Key to symbols used in this table: ≤ means less than or equal to; > means greater than; < means less than; and ≥ means greater than or equal to.
Footnotes:
1 Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
2 Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W (Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171–179 apply whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
3 Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical Schools) of this
chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels) and part 168 of subchapter R
(Nautical Schools) of this chapter.
4 Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this chapter
covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels less than 100 gross
tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
5 Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of the vessel is
not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in bulk. The portion of the vessel used
for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
6 Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
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7 The terms ‘‘passenger(s)’’ and ‘‘passenger(s)-for-hire’’ are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel onboard shall
not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
8 Boilers and machinery are subject to examination on vessels over 40 feet in length.
9 Under 46 U.S.C. 441 an oceanographic research vessel ‘‘* * * being employed exclusively in instruction in oceanography or limnology, or both, or exclusively in
oceanographic research, * * *. Under 46 U.S.C. 443, ‘‘an oceanographic research vessel shall not be deemed to be engaged in trade or commerce.’’ If or when an
oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons employed in the business of the vessel.
10 Bulk dangerous cargoes are cargoes specified in table 151.01–10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
11 For manned tankbarges, see § 151.01–10(c) of this chapter.
12 See § 151.01–15, 153.900(d), or 154.30 of this chapter as appropriate.
13 Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.
PART 70—GENERAL PROVISIONS
7. The authority citation for part 70
continues to read as follows:
■
Authority: 46 U.S.C. 3306, 3703; Pub. L.
103–206, 107 Stat. 2439; 49 U.S.C. 5103,
5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland
Security Delegation No. 0170.1; Section
70.01–15 also issued under the authority of
44 U.S.C. 3507.
8. Revise Table 70.05–1(a) of § 70.05–
1(a) to read as follows:
■
§ 70.05–1 United States flag vessels
subject to the requirements of this
subchapter.
(a) * * *
TABLE 70.05–1(a)
Vessels inspected
and certificated
under Subchapter
D—Tank
Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(1) Motor, all vessels
except seagoing
motor vessels
≥300 gross tons.
mstockstill on DSK4VPTVN1PROD with RULES
Method of
propulsion, qualified
by size or other
limitation 1
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
All vessels >15
gross tons carrying freight-forhire, except
those covered by
columns 2 and 3.
All vessels carrying dangerous
cargoes, when
required by 46
CFR part 98.
All vessels not covered by columns
2, 3, 4, and 6.
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
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18947
TABLE 70.05–1(a)—Continued
Method of
propulsion, qualified
by size or other
limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank
Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
All vessels, including recreational
vessels, not engaged in trade.
This does not include vessels
covered by columns 2 and 3,
and vessels engaged in the fishing industry.
All vessels not covered by columns
2, 3, 4, 6, and 7.
All vessels engaged in oceanographic research.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
All seagoing
barges except
those covered by
columns 2 and 3.
All barges carrying
passengers or
passengers-forhire except those
covered by column 3.
None ......................
All tank barges carrying cargoes
listed in Table
151.05 of this
chapter or unlisted cargoes
that would otherwise be subject
to part 151.1 11 12
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(3) Non-self-propelled vessels
<100 gross tons.
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(2) Motor, seagoing
motor vessels
≥300 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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(iv) These regulations do not
apply to—
(A) Recreational vessels
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All ferries <100 gross tons
carrying more than 6 passengers and all ferries ≥100
gross tons that carry at least
1 passenger.
(iii) These regulations do not
apply to—
(A) Recreational vessels
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service may carry
persons on the legitimate
business of the vessel 6
in addition to the crew,
as restricted by the definition of passenger.7
(i) All vessels that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and is a
submersible vessel.7
(E) Carry more than 12
passengers on an international voyage.
(F) Carry more than 6 passengers and are ferries.
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TABLE 70.05–1(a)—Continued
Vessels inspected
and certificated
under Subchapter
D—Tank
Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(4) Non-self-propelled vessels
≥100 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
All barges carrying
passengers or
passengers-forhire except those
covered by columns 3 and 6.
All seagoing
barges engaged
in oceanographic
research.
All tank barges carrying cargoes
listed in Table
151.05 of this
chapter or unlisted cargoes
that would otherwise be subject
to part 151.1 11 12
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(iii) All vessels that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and is a
submersible vessel.7
(E) Carry more than 12
passengers on an international voyage.
(F) Carry at least 1 passenger and are ferries.
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
All manned seagoing barges.
(5) Sail.13 vessels
≤700 gross tons.
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Method of
propulsion, qualified
by size or other
limitation 1
All vessels carrying
dangerous cargoes, when required by 46
CFR part 98.
All vessels not covered by columns
2, 3, 4, and 6.
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
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18949
TABLE 70.05–1(a)—Continued
Method of
propulsion, qualified
by size or other
limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank
Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
All vessels carrying
dangerous cargoes, when required by 46
CFR part 98.
None ......................
None ......................
All tugboats and
towboats. All
vessels carrying
dangerous cargoes, when required by 46
CFR part 98.
All vessels not covered by columns
2, 3, 4, and 6.
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(7) Steam, vessels
≤19.8 meters (65
feet) in length.
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(6) Sail.13 vessels
>700 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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(iv) These regulations do not
apply to—
(A) Recreational vehicles
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels, not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
(i) All vessels carrying passengers or passengers-forhire, except recreational vessels.7
(ii) All ferries that carry at least
1 passenger.
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
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TABLE 70.05–1(a)—Continued
Method of
propulsion, qualified
by size or other
limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank
Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
All vessels not covered by columns
2, 3, 6, and 7.
None ......................
All vessels engaged in oceanographic research.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
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(7) Steam, vessels
>19.8 meters (65
feet) in length.
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All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
16:32 Mar 28, 2012
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
(iv) These regulations do not
apply to—
(A) Recreational vessels
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
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18951
TABLE 70.05–1(a)—Continued
Method of
propulsion, qualified
by size or other
limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank
Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
(iv) These regulations do not
apply to—
(A) Recreational vehicles
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
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Key to symbols used in this table: ≤ means less than or equal to; > means greater than; < means less than; and ≥ means greater than or equal to.
Footnotes:
1 Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
2 Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W (Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171–179 apply whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
3 Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical Schools) of this
chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels) and part 168 of subchapter R
(Nautical Schools) of this chapter.
4 Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this chapter
covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels less than 100 gross
tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
5 Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of the vessel is
not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in bulk. The portion of the vessel used
for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
6 Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
7 The terms ‘‘passenger(s)’’ and ‘‘passenger(s)-for-hire’’ are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel onboard shall
not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
8 Boilers and machinery are subject to examination on vessels over 40 feet in length.
9 Under 46 U.S.C. 441 an oceanographic research vessel ‘‘* * * being employed exclusively in instruction in oceanography or limnology, or both, or exclusively in
oceanographic research, * * * *. Under 46 U.S.C. 443, ‘‘an oceanographic research vessel shall not be deemed to be engaged in trade or commerce.’’ If or when an
oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons employed in the business of the vessel.
10 Bulk dangerous cargoes are cargoes specified in table 151.01–10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
11 For manned tankbarges, see § 151.01–10(c) of this chapter.
12 See § 151.01–15, 153.900(d), or 154.30 of this chapter as appropriate.
13 Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.
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Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations
PART 90—GENERAL PROVISIONS
9. The authority citation for part 90
continues to read as follows:
■
Authority: 46 U.S.C. 3306, 3703; Pub. L.
103–206, 107 Stat. 2439; 49 U.S.C. 5103,
5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland
Security Delegation No. 0170.1.
10. Revise Table 90.05–1(a) of
§ 90.05–1 to read as follows:
■
§ 90.05–1 Vessels subject to requirements
of this subchapter.
(a) * * *
TABLE 90.05–1(a)
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(1) Motor, all vessels
except seagoing
motor vessels
≥300 gross tons.
mstockstill on DSK4VPTVN1PROD with RULES
Method of
propulsion, qualified
by size or other
limitation 1
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
(iv) These regulations do not
apply to—
(A) Recreational vessels
not engaged in trade.
(B) Documented cargo or tank
vessels issued a permit to
carry 16 or fewer persons in
addition to the crew.
(C) Fishing vessels not engaged in ocean or coastwise
service. Such vessels may
carry persons on the legitimate business of the vessel.6
in addition to the crew, as restricted by the definition of
passenger.7
All vessels >15
gross tons carrying freight-forhire, except
those covered by
columns 2 and 3.
All vessels carrying dangerous
cargoes, when
required by 46
CFR part 98.
All vessels not covered by columns
2, 3, 4, and 6.
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
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18953
TABLE 90.05–1(a)—Continued
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(2) Motor, seagoing
motor vessels
≥300 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
All vessels not covered by columns
2, 3, 4, 6, and 7.
All vessels engaged in oceanographic research.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
All seagoing
barges except
those covered by
columns 2 and 3.
All barges carrying
passengers or
passengers-forhire except those
covered by column 3.
None ......................
All tank barges carrying cargoes
listed in Table
151.05 of this
chapter or unlisted cargoes
that would otherwise be subject
to part 151.1 11 12
(4) Non-self-propelled vessels
≥100 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All ferries <100 gross tons
carrying more than 6 passengers and all ferries ≥100
gross tons that carry at least
1 passenger.
(iii) These regulations do not
apply to—
(A) Recreational vessels
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service may carry
persons on the legitimate
business of the vessel.6
in addition to the crew,
as restricted by the definition of passenger.7
(i) All vessels that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and is a
submersible vessel.7
(E) Carry more than 12
passengers on an international voyage.
(F) Carry more than 6 passengers and are ferries.
(iii) All vessels that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
B) Carry more than 12 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and is a
submersible vessel.7
(E) Carry more than 12
passengers on an international voyage.
(F) Carry at least 1 passenger and are ferries.
All vessels, including recreational
vessels, not engaged in trade.
This does not include vessels
covered by columns 2 and 3,
and vessels engaged in the fishing industry.
(3) Non-self-propelled vessels
<100 gross tons.
mstockstill on DSK4VPTVN1PROD with RULES
Method of
propulsion, qualified
by size or other
limitation 1
All manned seagoing barges.
All barges carrying
passengers or
passengers-forhire except those
covered by columns 3 and 6.
All seagoing
barges engaged
in oceanographic
research.
All tank barges carrying cargoes
listed in Table
151.05 of this
chapter or unlisted cargoes
that would otherwise be subject
to part 151.1 11 12
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Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations
TABLE 90.05–1(a)—Continued
Method of
propulsion, qualified
by size or other
limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(5)
vessels
≤700 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
All vessels carrying
dangerous cargoes, when required by 46
CFR part 98.
All vessels not covered by columns
2, 3, 4, and 6.
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
(6) Sail.13 vessels
>700 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
(iv) These regulations do not
apply to—
(A) Recreational vehicles
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels, not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
(i) All vessels carrying passengers or passengers-forhire, except recreational vessels.7
(ii) All ferries that carry at least
1 passenger.
All vessels carrying
dangerous cargoes, when required by 46
CFR part 98.
None ......................
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
mstockstill on DSK4VPTVN1PROD with RULES
Sail.13
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18955
TABLE 90.05–1(a)—Continued
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(7) Steam, vessels
≤19.8 meters (65
feet) in length.
mstockstill on DSK4VPTVN1PROD with RULES
Method of
propulsion, qualified
by size or other
limitation 1
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
(iv) These regulations do not
apply to—
(A) Recreational vessels
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
All tugboats and
towboats. All
vessels carrying
dangerous cargoes, when required by 46
CFR part 98.
All vessels not covered by columns
2, 3, 4, and 6.
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
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TABLE 90.05–1(a)—Continued
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected and
certificated under Subchapter
H—Passenger Vessels2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(7) Steam, vessels
>19.8 meters (65
feet) in length.
mstockstill on DSK4VPTVN1PROD with RULES
Method of
propulsion, qualified
by size or other
limitation 1
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
(iv) These regulations do not
apply to—
(A) Recreational vehicles
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
All vessels not covered by columns
2, 3, 6, and 7.
None ......................
All vessels engaged in oceanographic research.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
Key to symbols used in this table: ≤ means less than or equal to; > means greater than; < means less than; and ≥ means greater than or equal to.
Footnotes:
1 Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
2 Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W (Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171–179 apply whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
3 Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical Schools) of this
chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels) and part 168 of subchapter R
(Nautical Schools) of this chapter.
4 Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this chapter
covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels less than 100 gross
tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
5 Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of the vessel is
not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in bulk. The portion of the vessel used
for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
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6 Any
vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
7 The terms ‘‘passenger(s)’’ and ‘‘passenger(s)-for-hire’’ are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel onboard shall
not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
8 Boilers and machinery are subject to examination on vessels over 40 feet in length.
9 Under 46 U.S.C. 441 an oceanographic research vessel ‘‘* * * being employed exclusively in instruction in oceanography or limnology, or both, or exclusively in
oceanographic research, * * *. Under 46 U.S.C. 443, ‘‘an oceanographic research vessel shall not be deemed to be engaged in trade or commerce.’’ If or when an
oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons employed in the business of the vessel.
10 Bulk dangerous cargoes are cargoes specified in table 151.01–10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
11 For manned tankbarges, see § 151.01–10(c) of this chapter.
12 See § 151.01–15, 153.900(d), or 154.30 of this chapter as appropriate.
13 Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.
PART 188—GENERAL PROVISIONS
11. The authority citation for part 188
continues to read as follows:
■
Authority: 46 U.S.C. 2113, 3306; Pub. L.
103–206, 107 Stat. 2439; 49 U.S.C. 5103,
5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland
Security Delegation No. 0170.1.
12. Revise Table 188.05–1(a) of
§ 188.05–1 to read as follows:
■
§ 188.05–1 Vessels subject to the
requirements of this subchapter.
(a) * * *
TABLE 188.05–1(a)
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected and
certificated under subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(1) Motor, all vessels
except seagoing
motor vessels
≥300 gross tons.
mstockstill on DSK4VPTVN1PROD with RULES
Method of
propulsion, qualified
by size or other
limitation 1
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
(iv) These regulations do not
apply to—
(A) Recreational vessels
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
All vessels >15
gross tons carrying freight-forhire, except
those covered by
columns 2 and 3.
All vessels carrying dangerous
cargoes, when
required by 46
CFR part 98.
All vessels not covered by columns
2, 3, 4, and 6.
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
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TABLE 188.05–1(a)—Continued
Method of
propulsion, qualified
by size or other
limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected and
certificated under subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
All vessels, including recreational
vessels, not engaged in trade.
This does not include vessels
covered by columns 2 and 3,
and vessels engaged in the fishing industry.
All vessels not covered by columns
2, 3, 4, 6, and 7.
All vessels engaged in oceanographic research.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
All seagoing
barges except
those covered by
columns 2 and 3.
All barges carrying
passengers or
passengers-forhire except those
covered by column 3.
None ......................
All tank barges carrying cargoes
listed in Table
151.05 of this
chapter or unlisted cargoes
that would otherwise be subject
to part 151.1 11 12
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(3) Non-self-propelled vessels
<100 gross tons.
mstockstill on DSK4VPTVN1PROD with RULES
(2) Motor, seagoing
motor vessels
≥300 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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(C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel 6 in
addition to the crew, as
restricted by the definition of passenger.7
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All ferries <100 gross tons
carrying more than 6 passengers and all ferries ≥100
gross tons that carry at least
1 passenger.
(iii) These regulations do not
apply to—
(A) Recreational vessels
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service may carry
persons on the legitimate
business of the vessel 6
in addition to the crew,
as restricted by the definition of passenger.7
(i) All vessels that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and is a
submersible vessel.7
(E) Carry more than 12
passengers on an international voyage.
(F) Carry more than 6 passengers and are ferries.
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18959
TABLE 188.05–1(a)—Continued
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected and
certificated under subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(4) Non-self-propelled vessels
≥100 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
All barges carrying
passengers or
passengers-forhire except those
covered by columns 3 and 6.
All seagoing
barges engaged
in oceanographic
research.
All tank barges carrying cargoes
listed in Table
151.05 of this
chapter or unlisted cargoes
that would otherwise be subject
to part 151.1 11 12
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(iii) All vessels that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and is a
submersible vessel 7
(E) Carry more than 12
passengers on an international voyage.
(F) Carry at least 1 passenger and are ferries.
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels 7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
(iv) These regulations do not
apply to—
(A) Recreational vehicles
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
All manned seagoing barges.
(5) Sail.13 vessels
≤700 gross tons.
mstockstill on DSK4VPTVN1PROD with RULES
Method of
propulsion, qualified
by size or other
limitation 1
All vessels carrying
dangerous cargoes, when required by 46
CFR part 98.
All vessels not covered by columns
2, 3, 4, and 6.
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
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TABLE 188.05–1(a)—Continued
Method of
propulsion, qualified
by size or other
limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected and
certificated under subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
All vessels carrying
dangerous cargoes, when required by 46
CFR part 98.
None ......................
None ......................
All tugboats and
towboats. All
vessels carrying
dangerous cargoes, when required by 46
CFR part 98.
All vessels not covered by columns
2, 3, 4, and 6.
None ......................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(7) Steam, vessels
≤19.8 meters (65
feet) in length.
mstockstill on DSK4VPTVN1PROD with RULES
(6) Sail.13 vessels
>700 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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(C) Fishing vessels, not engaged in ocean or coastwise
service. Such vessels may
carry persons on the legitimate business of the vessel 6
in addition to the crew, as restricted by the definition of
passenger.7
(i) All vessels carrying passengers or passengers-forhire, except recreational vessels.7
ii) All ferries that carry at least 1
passenger.
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
(iv) These regulations do not
apply to—
(A) Recreational vessels
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
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18961
TABLE 188.05–1(a)—Continued
Method of
propulsion, qualified
by size or other
limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected and
certificated under subchapter
H—Passenger Vessels 2 3 4 5 or
Subchapter K or T—Small
Passenger Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter
I—Cargo and
Miscellaneous
Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous
Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
All vessels not covered by columns
2, 3, 6, and 7.
None ......................
All vessels engaged in oceanographic research.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted
cargoes that
would otherwise
be subject to
these parts.12
mstockstill on DSK4VPTVN1PROD with RULES
(7) Steam, vessels
>19.8 meters (65
feet) in length.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel6 in
addition to the crew, as
restricted by the definition of passenger.7
(i) All vessels carrying more
than 12 passengers on an
international voyage, except
recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons
that—
(A) Carry more than 6 passengers-for-hire whether
chartered or not, or
(B) Carry more than 6 passengers when chartered
with the crew provided,
or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry more than 6 passengers and are ferries.
(iii) All vessels ≥100 gross tons
that—
(A) Carry more than 12
passengers-for-hire
whether chartered or not,
or
(B) Carry more than 12
passengers when chartered with the crew provided, or
(C) Carry more than 12
passengers when chartered with no crew provided, or
(D) Carry at least 1 passenger-for-hire and are
submersible vessels.7
(E) Carry at least 1 passenger and are ferries.
(iv) These regulations do not
apply to—
(A) Recreational vehicles
not engaged in trade.
(B) Documented cargo or
tank vessels issued a
permit to carry 16 or
fewer persons in addition
to the crew.
(C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons
on the legitimate business of the vessel6 in
addition to the crew, as
restricted by the definition of passenger.7
Key to symbols used in this table: ≤ means less than or equal to; > means greater than; < means less than; and ≥ means greater than or equal to.
Footnotes:
1 Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
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2 Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W (Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171–179 apply whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
3 Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical Schools) of this
chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels) and part 168 of subchapter R
(Nautical Schools) of this chapter.
4 Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this chapter
covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels less than 100 gross
tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
5 Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of the vessel is
not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in bulk. The portion of the vessel used
for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
6 Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
7 The terms ‘‘passenger(s)’’ and ‘‘passenger(s)-for-hire’’ are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel onboard shall
not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
8 Boilers and machinery are subject to examination on vessels over 40 feet in length.
9 Under 46 U.S.C. 441 an oceanographic research vessel ‘‘* * * being employed exclusively in instruction in oceanography or limnology, or both, or exclusively in
oceanographic research, * * *. Under 46 U.S.C. 443, ‘‘an oceanographic research vessel shall not be deemed to be engaged in trade or commerce.’’ If or when an
oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons employed in the business of the vessel.
10 Bulk dangerous cargoes are cargoes specified in table 151.01–10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
11 For manned tankbarges, see § 151.01–10(c) of this chapter.
12 See § 151.01–15, 153.900(d), or 154.30 of this chapter as appropriate.
13 Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.
Dated: February 22, 2012.
Kathryn A. Sinniger,
Chief, Office of Regulations and
Administrative Law, United States Coast
Guard.
[FR Doc. 2012–4762 Filed 3–28–12; 8:45 am]
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]]>Agencies
[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Rules and Regulations]
[Pages 18929-18962]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4762]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Parts 2, 24, 30, 70, 90, 91, and 188
[Docket No. USCG-2011-0363]
RIN 1625-AB71
Seagoing Barges
AGENCY: Coast Guard, DHS.
ACTION: Direct final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The United States Coast Guard published a direct final rule in
the Federal Register on December 14, 2011 (76 FR 77712) revising
regulations for the inspection and certification of seagoing barges to
align with the language of the applicable statues. That document
inadvertently transposed the titles of two tables in our amendatory
instructions. Additionally, the Coast Guard is republishing the vessel
inspection tables that rule amends in their entirety, so that the
format of the tables is consistent with current Federal Register format
requirements.
DATES: Effective April 12, 2012.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Doug Tindall, United States Coast Guard;
telephone (202) 372-1411, email Douglas.Tindall@uscg.mil. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION: The direct final rule published December 14,
2011 (76 FR 77712) amends row 4, column 4 of Tables 2.01-7(a), 24.05-
1(a), 30.01-5(d), 70.05-1(a), 90.05-1(a), and 188.05-1(a) as
republished in this correcting amendment. The Coast Guard is
republishing the tables so that the format of the tables conforms to
current Federal Register requirements. This correcting amendment makes
no substantive changes to the tables.
Additionally, this correcting amendment corrects the amendatory
instructions of the direct final rule wherein the titles of tables
``24.05-1(a)'' and ``30.01-5(d)'' were mistakenly transposed as
``24.01-5(a)'' and ``30.05-1(d)'' respectively.
List of Subjects
46 CFR Part 2
Marine safety, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 24
Marine safety.
46 CFR Part 30
Cargo vessels, Foreign relations, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements,
Seamen.
46 CFR Part 70
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 90
Cargo vessels, Marine safety.
46 CFR Part 188
Marine safety, Oceanographic research vessels.
Accordingly, 46 CFR parts 2, 24, 30, 70, 90, and 188 are corrected
by making the following correcting amendments:
PART 2--VESSEL INSPECTIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2110, 3103,
3205, 3306, 3307, 3703; 46 U.S.C. Chapter 701; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1. Subpart 2.45 also issued under the Act Dec.
27, 1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App.
Note prec. 1).
0
2. Revise Table 2.01-7(a) in Sec. 2.01-7(a) to read as follows:
Sec. 2.01-7 Classes of vessels (including motorboats) examined or
inspected and certificated.
(a) * * *
[[Page 18930]]
Table 2.01-7(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vessels inspected and
certificated under Vessels inspected Vessels subject
Vessels inspected Subchapter H-- and certificated Vessels subject Vessels subject to to the provisions
Method of propulsion, qualified and certificated Passenger Vessels 2 3 under Subchapter to the provisions the provisions of of Subchapter O--
by size or other limitation \1\ under Subchapter 4 5 or Subchapter K I--Cargo and of Subchapter C-- Subchapter U-- Certain Bulk and
D--Tank Vessels or T--Small Passenger Miscellaneous Uninspected Oceanographic Dangerous Cargoes
\2\ Vessels 2 3 4 Vessels 2 5 Vessels 2 3 6 7 8 Vessels 2 3 6 7 9 \10\
Column 1 Column 2.......... Column 3............. Column 4.......... Column 5......... Column 6.......... Column 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Motor, all vessels except All vessels (i) All vessels All vessels >15 All vessels not None.............. All vessels
seagoing motor vessels >300 carrying carrying more than gross tons covered by carrying cargoes
gross tons. combustible or 12 passengers on an carrying freight- columns 2, 3, 4, in bulk that are
flammable liquid international for-hire, except and 6. listed in part
cargo in bulk.\5\ voyage, except those covered by 153, table 1, or
recreational vessels columns 2 and 3. part 154, table
not engaged in All vessels 4, or unlisted
trade.\7\ carrying cargoes that
(ii) All vessels <100 dangerous would otherwise
gross tons that--. cargoes, when be subject to
(A) Carry more than 6 required by 46 these parts.\12\
passengers-for-hire CFR part 98.
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or
(B) Carry more than
12 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry at least 1
passenger and are
ferries..
(iv) These
regulations do not
apply to--
(A) Recreational
vessels not engaged
in trade.
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
[[Page 18931]]
(2) Motor, seagoing motor All vessels (i) All vessels All vessels, All vessels not All vessels All vessels
vessels >=300 gross tons. carrying carrying more than including covered by engaged in carrying cargoes
combustible or 12 passengers on an recreational columns 2, 3, 4, oceanographic in bulk that are
flammable liquid international vessels, not 6, and 7. research. listed in part
cargo in bulk.\5\ voyage, except engaged in trade. 153, table 1, or
recreational vessels This does not part 154, table
not engaged in include vessels 4, or unlisted
trade.\7\ covered by cargoes that
(ii) All ferries <100 columns 2 and 3, would otherwise
gross tons carrying and vessels be subject to
more than 6 engaged in the these parts.\12\
passengers and all fishing industry.
ferries >=100 gross
tons that carry at
least 1 passenger..
(iii) These
regulations do not
apply to--.
(A) Recreational
vessels not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels
not engaged in ocean
or coastwise service
may carry persons on
the legitimate
business of the
vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
(3) Non-self-propelled vessels All vessels (i) All vessels that-- All seagoing All barges None.............. All tank barges
<100 gross tons. carrying barges except carrying carrying cargoes
combustible or (A) Carry more than 6 those covered by passengers or listed in Table
flammable liquid passengers-for-hire columns 2 and 3. passengers-for- 151.05 of this
cargo in bulk.\5\ whether chartered or hire except chapter or
not, or. those covered by unlisted cargoes
(B) Carry more than 6 column 3. that would
passengers when otherwise be
chartered with the subject to part
crew provided, or. 151.1 11 12
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and is a submersible
vessel\7\.
(E) Carry more than
12 passengers on an
international
voyage..
(F) Carry more than 6
passengers and are
ferries..
(4) Non-self-propelled vessels All vessels (iii) All vessels All manned All barges All seagoing All tank barges
>=100 gross tons. carrying that-- seagoing barges. carrying barges engaged in carrying cargoes
combustible or (A) Carry more than passengers or oceanographic listed in Table
flammable liquid 12 passengers-for- passengers-for- research. 151.05 of this
cargo in bulk.\5\ hire whether hire except chapter or
chartered or not, or. those covered by unlisted cargoes
(B) Carry more than columns 3 and 6. that would
12 passengers when otherwise be
chartered with the subject to part
crew provided, or. 151 1 11.12
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and is a submersible
vessel \7\.
(E) Carry more than
12 passengers on an
international
voyage..
(F) Carry at least 1
passenger and are
ferries..
[[Page 18932]]
(5) Sail.\13\ vessels <=700 All vessels (i) All vessels All vessels All vessels not None.............. All vessels
gross tons. carrying carrying more than carrying covered by carrying cargoes
combustible or 12 passengers on an dangerous columns 2, 3, 4, in bulk that are
flammable liquid international cargoes, when and 6. listed in part
cargo in bulk.\5\ voyage, except required by 46 153, table 1, or
recreational vessels CFR part 98. part 154, table
not engaged in 4, or unlisted
trade.\7\ cargoes that
(ii) All vessels <100 would otherwise
gross tons that--. be subject to
(A) Carry more than 6 these parts.\12\
passengers-for-hire
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--.
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or
(B) Carry more than
12 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels \7\.
(E) Carry at least 1
passenger and are
ferries..
(iv) These
regulations do not
apply to--.
(A) Recreational
vehicles not engaged
in trade.
(B) Documented cargo(
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels,
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
(6) Sail.\13\ vessels >700 All vessels (i) All vessels All vessels None............. None.............. All vessels
gross tons. carrying carrying passengers carrying carrying cargoes
combustible or or passengers-for- dangerous in bulk that are
flammable liquid hire, except cargoes, when listed in part
cargo in bulk \5\ recreational required by 46 153, table 1, or
vessels.\7\ CFR part 98. part 154, table
(ii) All ferries that 4, or unlisted
carry at least 1 cargoes that
passenger.. would otherwise
be subject to
these parts.\12\
[[Page 18933]]
(7) Steam, vessels <=19.8 All vessels (i) All vessels All tugboats and All vessels not None.............. All vessels
meters (65 feet) in length. carrying carrying more than towboats. All covered by carrying cargoes
combustible or 12 passengers on an vessels carrying columns 2, 3, 4, in bulk that are
flammable liquid international dangerous and 6. listed in part
cargo in bulk.\5\ voyage, except cargoes, when 153, table 1, or
recreational vessels required by 46 part 154, table
not engaged in CFR part 98. 4, or unlisted
trade.\7\ cargoes that
(ii) All vessels <100 would otherwise
gross tons that--. be subject to
(A) Carry more than 6 these parts.\12\
passengers-for-hire
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--.
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or.
(B) Carry more than
12 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry at least 1
passenger and are
ferries..
(iv) These
regulations do not
apply to--.
(A) Recreational
vessels not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
[[Page 18934]]
(7) Steam, vessels >19.8 meters All vessels (i) All vessels All vessels not None............. All vessels All vessels
(65 feet) in length. carrying carrying more than covered by engaged in carrying cargoes
combustible or 12 passengers on an columns 2, 3, 6, oceanographic in bulk that are
flammable liquid international and 7. research. listed in part
cargo in bulk.\5\ voyage, except 153, table 1, or
recreational vessels part 154, table
not engaged in 4, or unlisted
trade.\7\ cargoes that
(ii) All vessels <100 would otherwise
gross tons that--. be subject to
(A) Carry more than 6 these parts.\12\
passengers-for-hire
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--.
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or.
(B) Carry more than
12 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels \7\.
(E) Carry at least 1
passenger and are
ferries..
(iv) These
regulations do not
apply to--.
(A) Recreational
vehicles not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key to symbols used in this table: <= means less than or equal to; > means greater than; < means less than; and >= means greater than or equal to.
Footnotes:
\1\ Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight
line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
\2\ Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W
(Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171-179 apply
whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
\3\ Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical
Schools) of this chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels)
and part 168 of subchapter R (Nautical Schools) of this chapter.
\4\ Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this
chapter covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels
less than 100 gross tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
\5\ Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of
the vessel is not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in
bulk. The portion of the vessel used for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank
Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
\6\ Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
[[Page 18935]]
\7\ The terms ``passenger(s)'' and ``passenger(s)-for-hire'' are as defined in 46 U.S.C. 2101(21) (21a). On oceanographic vessels, scientific personnel
onboard shall not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
\8\ Boilers and machinery are subject to examination on vessels over 40 feet in length.
\9\ Under 46 U.S.C. 441 an oceanographic research vessel ``* * * being employed exclusively in instruction in oceanography or limnology, or both, or
exclusively in oceanographic research, * * *. Under 46 U.S.C. 443, ``an oceanographic research vessel shall not be deemed to be engaged in trade or
commerce.'' If or when an oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an
oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons
employed in the business of the vessel.
\10\ Bulk dangerous cargoes are cargoes specified in table 151.01-10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
\11\ For manned tankbarges, see Sec. 151.01-10(c) of this chapter.
\12\ See Sec. 151.01-15, 153.900(d), or 154.30 of this chapter as appropriate.
\13\ Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.
PART 24--GENERAL PROVISIONS
0
3. The authority citation for part 24 continues to read as follows:
Authority: 46 U.S.C. 2113, 3306, 4104, 4302; Pub. L. 103-206;
107 Stat. 2439; E.O. 12234; 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation No. 0170.1.
0
4. Revise Table 24.05-1(a) of Sec. 24.05-1(a) to read as follows:
Sec. 24.05-1 Vessels subject to the requirements of this subchapter.
(a) * * *
Table 24.05-1(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vessels inspected and
certificated under Vessels inspected Vessels subject
Vessels inspected Subchapter H-- and certificated Vessels subject Vessels subject to to the provisions
Method of propulsion, and certificated Passenger Vessels 2 3 under Subchapter to the provisions the provisions of of Subchapter O--
qualified by size or other under Subchapter 4 5 or Subchapter K I--Cargo and of Subchapter C-- Subchapter U-- Certain Bulk and
limitation \1\ D--Tank Vessels or T--Small Passenger Miscellaneous Uninspected Oceanographic Dangerous Cargoes
\2\ Vessels 2 3 4 Vessels 2 5 Vessels 2 3 6 7 8 Vessels 2 3 6 7 9 \10\
Column 1 Column 2.......... Column 3............. Column 4.......... Column 5......... Column 6.......... Column 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Motor, all vessels except All vessels (i) All vessels All vessels >15 All vessels not None.............. All vessels
seagoing motor vessels >=300 carrying carrying more than gross tons covered by carrying cargoes
gross tons. combustible or 12 passengers on an carrying freight- columns 2, 3, 4, in bulk that are
flammable liquid international for-hire, except and 6. listed in part
cargo in bulk.\5\ voyage, except those covered by 153, table 1, or
recreational vessels columns 2 and 3. part 154, table
not engaged in All vessels 4, or unlisted
trade.\7\ carrying cargoes that
(ii) All vessels <100 dangerous would otherwise
gross tons that--. cargoes, when be subject to
(A) Carry more than 6 required by 46 these parts.\12\
passengers-for-hire CFR part 98.
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or.
(B) Carry more than
12 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry at least 1
passenger and are
ferries..
[[Page 18936]]
(iv) These
regulations do not
apply to--
(A) Recreational
vessels not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
(2) Motor, seagoing motor All vessels (i) All vessels All vessels, All vessels not All vessels All vessels
vessels >=300 gross tons. carrying carrying more than including covered by engaged in carrying cargoes
combustible or 12 passengers on an recreational columns 2, 3, 4, oceanographic in bulk that are
flammable liquid international vessels, not 6, and 7. research. listed in part
cargo in bulk.\5\ voyage, except engaged in trade. 153, table 1, or
recreational vessels This does not part 154, table
not engaged in include vessels 4, or unlisted
trade.\7\ covered by cargoes that
(ii) All ferries <100 columns 2 and 3, would otherwise
gross tons carrying and vessels be subject to
more than 6 engaged in the these parts.\12\
passengers and all fishing industry.
ferries >=100 gross
tons that carry at
least 1 passenger..
(iii) These
regulations do not
apply to--.
(A) Recreational
vessels not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels
not engaged in ocean
or coastwise service
may carry persons on
the legitimate
business of the
vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
(3) Non-self-propelled vessels All vessels (i) All vessels that-- All seagoing All barges None.............. All tank barges
<100 gross tons. carrying barges except carrying carrying cargoes
combustible or (A) Carry more than 6 those covered by passengers or listed in Table
flammable liquid passengers-for-hire columns 2 and 3. passengers-for- 151.05 of this
cargo in bulk.\5\ whether chartered or hire except chapter or
not, or. those covered by unlisted cargoes
(B) Carry more than 6 column 3. that would
passengers when otherwise be
chartered with the subject to part
crew provided, or. 151.1 11 12
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and is a submersible
vessel.\7\.
(E) Carry more than
12 passengers on an
international
voyage..
(F) Carry more than 6
passengers and are
ferries..
[[Page 18937]]
(4) Non-self-propelled vessels All vessels (iii) All vessels All manned All barges All seagoing All tank barges
>=100 gross tons. carrying that-- seagoing barges. carrying barges engaged in carrying cargoes
combustible or (A) Carry more than passengers or oceanographic listed in Table
flammable liquid 12 passengers-for- passengers-for- research. 151.05 of this
cargo in bulk.\5\ hire whether hire except chapter or
chartered or not, or. those covered by unlisted cargoes
(B) Carry more than columns 3 and 6. that would
12 passengers when otherwise be
chartered with the subject to part
crew provided, or. 151.1 11 12
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and is a submersible
vessel.\7\.
(E) Carry more than
12 passengers on an
international
voyage..
(F) Carry at least 1
passenger and are
ferries..
(5) Sail.\13\ vessels <=700 All vessels (i) All vessels All vessels All vessels not None.............. All vessels
gross tons. carrying carrying more than carrying covered by carrying cargoes
combustible or 12 passengers on an dangerous columns 2, 3, 4, in bulk that are
flammable liquid international cargoes, when and 6. listed in part
cargo in bulk.\5\ voyage, except required by 46 153, table 1, or
recreational vessels CFR part 98. part 154, table
not engaged in 4, or unlisted
trade.\7\ cargoes that
(ii) All vessels <100 would otherwise
gross tons that--. be subject to
(A) Carry more than 6 these parts.\12\
passengers-for-hire
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or.
(B) Carry more than
12 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry at least 1
passenger and are
ferries..
[[Page 18938]]
(iv) These
regulations do not
apply to--
(A) Recreational
vehicles not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels,
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
(6) Sail.\13\ vessels >700 All vessels (i) All vessels All vessels None............. None.............. All vessels
gross tons. carrying carrying passengers carrying carrying cargoes
combustible or or passengers-for- dangerous in bulk that are
flammable liquid hire, except cargoes, when listed in part
cargo in bulk.\5\ recreational required by 46 153, table 1, or
vessels.\7\ CFR part 98. part 154, table
(ii) All ferries that 4, or unlisted
carry at least 1 cargoes that
passenger.. would otherwise
be subject to
these parts.\12\
(7) Steam, vessels <=19.8 All vessels (i) All vessels All tugboats and All vessels not None.............. All vessels
meters (65 feet) in length. carrying carrying more than towboats. All covered by carrying cargoes
combustible or 12 passengers on an vessels carrying columns 2, 3, 4, in bulk that are
flammable liquid international dangerous and 6. listed in part
cargo in bulk.\5\ voyage, except cargoes, when 153, table 1, or
recreational vessels required by 46 part 154, table
not engaged in CFR part 98. 4, or unlisted
trade.\7\ cargoes that
(ii) All vessels <100 would otherwise
gross tons that--. be subject to
(A) Carry more than 6 these parts.\12\
passengers-for-hire
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or.
(B) Carry more than
12 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry at least 1
passenger and are
ferries..
[[Page 18939]]
(iv) These
regulations do not
apply to--
(A) Recreational
vessels not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
(7) Steam, vessels >19.8 meters All vessels (i) All vessels All vessels not None............. All vessels All vessels
(65 feet) in length. carrying carrying more than covered by engaged in carrying cargoes
combustible or 12 passengers on an columns 2, 3, 6, oceanographic in bulk that are
flammable liquid international and 7. research. listed in part
cargo in bulk.\5\ voyage, except 153, table 1, or
recreational vessels part 154, table
not engaged in 4, or unlisted
trade.\7\ cargoes that
(ii) All vessels <100 would otherwise
gross tons that--. be subject to
(A) Carry more than 6 these parts.\12\
passengers-for-hire
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or.
(B) Carry more than
12 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry at least 1
passenger and are
ferries..
[[Page 18940]]
(iv) These
regulations do not
apply to--
(A) Recreational
vehicles not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key to symbols used in this table: <= means less than or equal to; > means greater than; < means less than; and >= means greater than or equal to.
Footnotes:
\1\ Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight
line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
\2\ Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W
(Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171-179 apply
whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
\3\ Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical
Schools) of this chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels)
and part 168 of subchapter R (Nautical Schools) of this chapter.
\4\ Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this
chapter covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels
less than 100 gross tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
\5\ Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of
the vessel is not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in
bulk. The portion of the vessel used for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank
Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
\6\ Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
\7\ The terms ``passenger(s)'' and ``passenger(s)-for-hire'' are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel
onboard shall not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
\8\ Boilers and machinery are subject to examination on vessels over 40 feet in length.
\9\ Under 46 U.S.C. 441 an oceanographic research vessel ``* * * being employed exclusively in instruction in oceanography or limnology, or both, or
exclusively in oceanographic research, * * * *. Under 46 U.S.C. 443, ``an oceanographic research vessel shall not be deemed to be engaged in trade or
commerce.'' If or when an oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an
oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons
employed in the business of the vessel.
\10\ Bulk dangerous cargoes are cargoes specified in table 151.01-10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
\11\ For manned tankbarges, see Sec. 151.01-10(c) of this chapter.
\12\ See Sec. 151.01-15, 153.900(d), or 154.30 of this chapter as appropriate.
\13\ Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.
PART 30--GENERAL PROVISIONS
0
5. The authority citation for part 30 continues to read as follows:
Authority: 46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107
Stat. 2439; 49 U.S.C. 5103, 5106; Department of Homeland Security
Delegation No. 0170.1; Section 30.01-2 also issued under the
authority of 44 U.S.C. 3507; Section 30.01-05 also issued under the
authority of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.
0
6. Revise Table 30.01-5(d) of Sec. 30.01-5 to read as follows:
Sec. 30.01-5 Application of regulations--TB/ALL.
* * * * *
[[Page 18941]]
Table 30.01-5(d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vessels inspected and
certificated under Vessels inspected Vessels subject
Vessels inspected Subchapter H-- and certificated Vessels subject Vessels subject to to the provisions
Method of propulsion, qualified and certificated Passenger Vessels 2 3 under Subchapter to the provisions the provisions of of Subchapter O--
by size or other limitation \1\ under Subchapter 4 5 or Subchapter K I--Cargo and of Subchapter C-- Subchapter U-- Certain Bulk and
D--Tank Vessels or T--Small Passenger Miscellaneous Uninspected Oceanographic Dangerous Cargoes
\2\ Vessels 2 3 4 Vessels 2 5 Vessels 2 3 6 7 8 Vessels 2 3 6 7 9 \10\
Column 1 Column 2.......... Column 3............. Column 4.......... Column 5......... Column 6.......... Column 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Motor, all vessels except All vessels (i) All vessels All vessels >15 All vessels not None.............. All vessels
seagoing motor vessels >=300 carrying carrying more than gross tons covered by carrying cargoes
gross tons. combustible or 12 passengers on an carrying freight- columns 2, 3, 4, in bulk that are
flammable liquid international for-hire, except and 6. listed in part
cargo in bulk.\5\ voyage, except those covered by 153, table 1, or
recreational vessels columns 2 and 3. part 154, table
not engaged in All vessels 4, or unlisted
trade.\7\ carrying cargoes that
(ii) All vessels <100 dangerous would otherwise
gross tons that--. cargoes, when be subject to
(A) Carry more than 6 required by 46 these parts.\12\
passengers-for-hire CFR part 98.
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels \7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or.
(B) Carry more than
12 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry at least 1
passenger and are
ferries..
(iv) These
regulations do not
apply to--
(A) Recreational
vessels not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
(2) Motor, seagoing motor All vessels (i) All vessels
vessels >=300 gross tons. carrying carrying more than
combustible or 12 passengers on an
flammable liquid international
cargo in bulk.\5\ voyage, except
recreational vessels
not engaged in
trade.\7\
(ii) All ferries <100 All vessels, All vessels not All vessels All vessels
gross tons carrying including covered by engaged in carrying cargoes
more than 6 recreational columns 2, 3, 4, oceanographic in bulk that are
passengers and all vessels, not 6, and 7. research. listed in part
ferries >=100 gross engaged in trade. 153, table 1, or
tons that carry at This does not part 154, table
least 1 passenger. include vessels 4, or unlisted
covered by cargoes that
columns 2 and 3, would otherwise
and vessels be subject to
engaged in the these parts.\12\
fishing industry.
[[Page 18942]]
(iii) These
regulations do not
apply to--
(A) Recreational
vessels not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels
not engaged in ocean
or coastwise service
may carry persons on
the legitimate
business of the
vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
(3) Non-self-propelled vessels All vessels (i) All vessels that-- All seagoing All barges None.............. All tank barges
<100 gross tons. carrying barges except carrying carrying cargoes
combustible or (A) Carry more than 6 those covered by passengers or listed in Table
flammable liquid passengers-for-hire columns 2 and 3. passengers-for- 151.05 of this
cargo in bulk.\5\ whether chartered or hire except chapter or
not, or. those covered by unlisted cargoes
(B) Carry more than 6 column 3. that would
passengers when otherwise be
chartered with the subject to part
crew provided, or. 151.1 11 12
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and is a submersible
vessel.\7\.
(E) Carry more than
12 passengers on an
international
voyage..
(F) Carry more than 6
passengers and are
ferries..
(4) Non-self-propelled vessels All vessels (iii) All vessels All manned All barges All seagoing All tank barges
>=100 gross tons. carrying that-- seagoing barges. carrying barges engaged in carrying cargoes
combustible or (A) Carry more than passengers or oceanographic listed in Table
flammable liquid 12 passengers-for- passengers-for- research. 151.05 of this
cargo in bulk.\5\ hire whether hire except chapter or
chartered or not, or. those covered by unlisted cargoes
(B) Carry more than columns 3 and 6. that would
12 passengers when otherwise be
chartered with the subject to part
crew provided, or. 151.1 11 12
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and is a submersible
vessel.\7\.
(E) Carry more than
12 passengers on an
international
voyage..
(F) Carry at least 1
passenger and are
ferries..
[[Page 18943]]
(5) Sail.\13\ vessels <=700 All vessels (i) All vessels All vessels All vessels not None.............. All vessels
gross tons. carrying carrying more than carrying covered by carrying cargoes
combustible or 12 passengers on an dangerous columns 2, 3, 4, in bulk that are
flammable liquid international cargoes, when and 6. listed in part
cargo in bulk.\5\ voyage, except required by 46 153, table 1, or
recreational vessels CFR part 98. part 154, table
not engaged in 4, or unlisted
trade.\7\ cargoes that
(ii) All vessels <100 would otherwise
gross tons that--. be subject to
(A) Carry more than 6 these parts.\12\
passengers-for-hire
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or.
(B) Carry more than
12 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry at least 1
passenger and are
ferries..
(iv) These
regulations do not
apply to--
(A) Recreational
vehicles not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels,
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
(6) Sail.\13\ vessels >700 All vessels (i) All vessels All vessels None............. None.............. All vessels
gross tons. carrying carrying passengers carrying carrying cargoes
combustible or or passengers-for- dangerous in bulk that are
flammable liquid hire, except cargoes, when listed in part
cargo in bulk.\5\ recreational required by 46 153, table 1, or
vessels.\7\ CFR part 98. part 154, table
(ii) All ferries that 4, or unlisted
carry at least 1 cargoes that
passenger.. would otherwise
be subject to
these parts.\12\
[[Page 18944]]
(7) Steam, vessels <=19.8 All vessels (i) All vessels All tugboats and All vessels not None.............. All vessels
meters (65 feet) in length. carrying carrying more than towboats. All covered by carrying cargoes
combustible or 12 passengers on an vessels carrying columns 2, 3, 4, in bulk that are
flammable liquid international dangerous and 6. listed in part
cargo in bulk.\5\ voyage, except cargoes, when 153, table 1, or
recreational vessels required by 46 part 154, table
not engaged in CFR part 98. 4, or unlisted
trade.\7\ cargoes that
(ii) All vessels <100 would otherwise
gross tons that--. be subject to
(A) Carry more than 6 these parts.\12\
passengers-for-hire
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or.
(B) Carry more than
12 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry at least 1
passenger and are
ferries..
(iv) These
regulations do not
apply to--
(A) Recreational
vessels not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
[[Page 18945]]
(7) Steam, vessels >19.8 meters All vessels (i) All vessels All vessels not None............. All vessels All vessels
(65 feet) in length. carrying carrying more than covered by engaged in carrying cargoes
combustible or 12 passengers on an columns 2, 3, 6, oceanographic in bulk that are
flammable liquid international and 7. research. listed in part
cargo in bulk.\5\ voyage, except 153, table 1, or
recreational vessels part 154, table
not engaged in 4, or unlisted
trade.\7\ cargoes that
(ii) All vessels <100 would otherwise
gross tons that--. be subject to
(A) Carry more than 6 these parts.\12\
passengers-for-hire
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or.
(B) Carry more than
12 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry at least 1
passenger and are
ferries..
(iv) These
regulations do not
apply to--
(A) Recreational
vehicles not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key to symbols used in this table: <= means less than or equal to; > means greater than; < means less than; and >= means greater than or equal to.
Footnotes:
\1\ Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight
line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
\2\ Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W
(Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171-179 apply
whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
\3\ Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical
Schools) of this chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels)
and part 168 of subchapter R (Nautical Schools) of this chapter.
\4\ Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this
chapter covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels
less than 100 gross tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
\5\ Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of
the vessel is not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in
bulk. The portion of the vessel used for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank
Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
\6\ Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
[[Page 18946]]
\7\ The terms ``passenger(s)'' and ``passenger(s)-for-hire'' are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel
onboard shall not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
\8\ Boilers and machinery are subject to examination on vessels over 40 feet in length.
\9\ Under 46 U.S.C. 441 an oceanographic research vessel ``* * * being employed exclusively in instruction in oceanography or limnology, or both, or
exclusively in oceanographic research, * * *. Under 46 U.S.C. 443, ``an oceanographic research vessel shall not be deemed to be engaged in trade or
commerce.'' If or when an oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an
oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons
employed in the business of the vessel.
\10\ Bulk dangerous cargoes are cargoes specified in table 151.01-10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
\11\ For manned tankbarges, see Sec. 151.01-10(c) of this chapter.
\12\ See Sec. 151.01-15, 153.900(d), or 154.30 of this chapter as appropriate.
\13\ Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.
PART 70--GENERAL PROVISIONS
0
7. The authority citation for part 70 continues to read as follows:
Authority: 46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat.
2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland Security Delegation No.
0170.1; Section 70.01-15 also issued under the authority of 44
U.S.C. 3507.
0
8. Revise Table 70.05-1(a) of Sec. 70.05-1(a) to read as follows:
Sec. 70.05-1 United States flag vessels subject to the requirements
of this subchapter.
(a) * * *
Table 70.05-1(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vessels inspected and
certificated under Vessels inspected Vessels subject
Vessels inspected Subchapter H-- and certificated Vessels subject Vessels subject to to the provisions
Method of propulsion, qualified and certificated Passenger Vessels 2 3 under Subchapter to the provisions the provisions of of Subchapter O--
by size or other limitation under Subchapter 4 5 or Subchapter K I--Cargo and of Subchapter C-- Subchapter U-- Certain Bulk and
\1\ D--Tank Vessels or T--Small Passenger Miscellaneous Uninspected Oceanographic Dangerous Cargoes
\2\ Vessels 2 3 4 Vessels 2 5 Vessels 2 3 6 7 8 Vessels 2 3 6 7 9 \10\
Column 1 Column 2.......... Column 3............. Column 4.......... Column 5......... Column 6.......... Column 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Motor, all vessels except All vessels (i) All vessels All vessels >15 All vessels not None.............. All vessels
seagoing motor vessels >=300 carrying carrying more than gross tons covered by carrying cargoes
gross tons. combustible or 12 passengers on an carrying freight- columns 2, 3, 4, in bulk that are
flammable liquid international for-hire, except and 6. listed in part
cargo in bulk.\5\ voyage, except those covered by 153, table 1, or
recreational vessels columns 2 and 3. part 154, table
not engaged in All vessels 4, or unlisted
trade.\7\ carrying cargoes that
(ii) All vessels <100 dangerous would otherwise
gross tons that--. cargoes, when be subject to
(A) Carry more than 6 required by 46 these parts.\12\
passengers-for-hire CFR part 98.
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or.
(B) Carry more than
12 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry at least 1
passenger and are
ferries..
[[Page 18947]]
(iv) These
regulations do not
apply to--
(A) Recreational
vessels not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
(2) Motor, seagoing motor All vessels (i) All vessels All vessels, All vessels not All vessels All vessels
vessels >=300 gross tons. carrying carrying more than including covered by engaged in carrying cargoes
combustible or 12 passengers on an recreational columns 2, 3, 4, oceanographic in bulk that are
flammable liquid international vessels, not 6, and 7. research. listed in part
cargo in bulk.\5\ voyage, except engaged in trade. 153, table 1, or
recreational vessels This does not part 154, table
not engaged in include vessels 4, or unlisted
trade.\7\ covered by cargoes that
(ii) All ferries <100 columns 2 and 3, would otherwise
gross tons carrying and vessels be subject to
more than 6 engaged in the these parts.\12\
passengers and all fishing industry.
ferries >=100 gross
tons that carry at
least 1 passenger..
(iii) These
regulations do not
apply to--.
(A) Recreational
vessels not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels
not engaged in ocean
or coastwise service
may carry persons on
the legitimate
business of the
vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
(3) Non-self-propelled vessels All vessels (i) All vessels that-- All seagoing All barges None.............. All tank barges
<100 gross tons. carrying barges except carrying carrying cargoes
combustible or (A) Carry more than 6 those covered by passengers or listed in Table
flammable liquid passengers-for-hire columns 2 and 3. passengers-for- 151.05 of this
cargo in bulk.\5\ whether chartered or hire except chapter or
not, or. those covered by unlisted cargoes
(B) Carry more than 6 column 3. that would
passengers when otherwise be
chartered with the subject to part
crew provided, or. 151.1 11 12
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and is a submersible
vessel.\7\.
(E) Carry more than
12 passengers on an
international
voyage..
(F) Carry more than 6
passengers and are
ferries..
[[Page 18948]]
(4) Non-self-propelled vessels All vessels (iii) All vessels All manned All barges All seagoing All tank barges
>=100 gross tons. carrying that-- seagoing barges. carrying barges engaged in carrying cargoes
combustible or (A) Carry more than passengers or oceanographic listed in Table
flammable liquid 12 passengers-for- passengers-for- research. 151.05 of this
cargo in bulk.\5\ hire whether hire except chapter or
chartered or not, or. those covered by unlisted cargoes
(B) Carry more than columns 3 and 6. that would
12 passengers when otherwise be
chartered with the subject to part
crew provided, or. 151.1 11 12
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and is a submersible
vessel.\7\.
(E) Carry more than
12 passengers on an
international
voyage..
(F) Carry at least 1
passenger and are
ferries..
(5) Sail.\13\ vessels <=700 All vessels (i) All vessels All vessels All vessels not None.............. All vessels
gross tons. carrying carrying more than carrying covered by carrying cargoes
combustible or 12 passengers on an dangerous columns 2, 3, 4, in bulk that are
flammable liquid international cargoes, when and 6. listed in part
cargo in bulk.\5\ voyage, except required by 46 153, table 1, or
recreational vessels CFR part 98. part 154, table
not engaged in 4, or unlisted
trade.\7\ cargoes that
(ii) All vessels <100 would otherwise
gross tons that--. be subject to
(A) Carry more than 6 these parts.\12\
passengers-for-hire
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or.
(B) Carry more than
12 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry at least 1
passenger and are
ferries..
[[Page 18949]]
(iv) These
regulations do not
apply to--
(A) Recreational
vehicles not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels,
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
(6) Sail.\13\ vessels >700 All vessels (i) All vessels All vessels None............. None.............. All vessels
gross tons. carrying carrying passengers carrying carrying cargoes
combustible or or passengers-for- dangerous in bulk that are
flammable liquid hire, except cargoes, when listed in part
cargo in bulk.\5\ recreational required by 46 153, table 1, or
vessels.\7\ CFR part 98. part 154, table
(ii) All ferries that 4, or unlisted
carry at least 1 cargoes that
passenger.. would otherwise
be subject to
these parts.\12\
(7) Steam, vessels <=19.8 All vessels (i) All vessels All tugboats and All vessels not None.............. All vessels
meters (65 feet) in length. carrying carrying more than towboats. All covered by carrying cargoes
combustible or 12 passengers on an vessels carrying columns 2, 3, 4, in bulk that are
flammable liquid international dangerous and 6. listed in part
cargo in bulk.\5\ voyage, except cargoes, when 153, table 1, or
recreational vessels required by 46 part 154, table
not engaged in CFR part 98. 4, or unlisted
trade.\7\ cargoes that
(ii) All vessels <100 would otherwise
gross tons that--. be subject to
(A) Carry more than 6 these parts.\12\
passengers-for-hire
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
[[Page 18950]]
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or.
(B) Carry more than
12 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry at least 1
passenger and are
ferries..
(iv) These
regulations do not
apply to--.
(A) Recreational
vessels not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
(7) Steam, vessels >19.8 meters All vessels (i) All vessels All vessels not None............. All vessels All vessels
(65 feet) in length. carrying carrying more than covered by engaged in carrying cargoes
combustible or 12 passengers on an columns 2, 3, 6, oceanographic in bulk that are
flammable liquid international and 7. research. listed in part
cargo in bulk.\5\ voyage, except 153, table 1, or
recreational vessels part 154, table
not engaged in 4, or unlisted
trade.\7\ cargoes that
(ii) All vessels <100 would otherwise
gross tons that--. be subject to
(A) Carry more than 6 these parts.\12\
passengers-for-hire
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
[[Page 18951]]
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or.
(B) Carry more than
12 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry at least 1
passenger and are
ferries..
(iv) These
regulations do not
apply to--.
(A) Recreational
vehicles not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key to symbols used in this table: <= means less than or equal to; > means greater than; < means less than; and >= means greater than or equal to.
Footnotes:
\1\ Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight
line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
\2\ Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W
(Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171-179 apply
whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
\3\ Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical
Schools) of this chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels)
and part 168 of subchapter R (Nautical Schools) of this chapter.
\4\ Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this
chapter covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels
less than 100 gross tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
\5\ Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of
the vessel is not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in
bulk. The portion of the vessel used for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank
Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
\6\ Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
\7\ The terms ``passenger(s)'' and ``passenger(s)-for-hire'' are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel
onboard shall not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
\8\ Boilers and machinery are subject to examination on vessels over 40 feet in length.
\9\ Under 46 U.S.C. 441 an oceanographic research vessel ``* * * being employed exclusively in instruction in oceanography or limnology, or both, or
exclusively in oceanographic research, * * * *. Under 46 U.S.C. 443, ``an oceanographic research vessel shall not be deemed to be engaged in trade or
commerce.'' If or when an oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an
oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons
employed in the business of the vessel.
\10\ Bulk dangerous cargoes are cargoes specified in table 151.01-10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
\11\ For manned tankbarges, see Sec. 151.01-10(c) of this chapter.
\12\ See Sec. 151.01-15, 153.900(d), or 154.30 of this chapter as appropriate.
\13\ Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.
[[Page 18952]]
PART 90--GENERAL PROVISIONS
0
9. The authority citation for part 90 continues to read as follows:
Authority: 46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat.
2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.
0
10. Revise Table 90.05-1(a) of Sec. 90.05-1 to read as follows:
Sec. 90.05-1 Vessels subject to requirements of this subchapter.
(a) * * *
Table 90.05-1(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vessels inspected and
Vessels inspected certificated under Vessels inspected Vessels subject Vessels subject to Vessels subject
Method of propulsion, qualified and certificated Subchapter H-- and certificated to the provisions the provisions of to the provisions
by size or other limitation under Subchapter Passenger Vessels2 3 under Subchapter of Subchapter C-- Subchapter U-- of Subchapter O--
\1\ D--Tank Vessels 4 5 or Subchapter K I--Cargo and Uninspected Oceanographic Certain Bulk and
\2\ or T--Small Passenger Miscellaneous Vessels 2 3 6 7 8 Vessels 2 3 6 7 9 Dangerous Cargoes
Vessels 2 3 4 Vessels 2 5 \10\
Column 1 Column 2.......... Column 3............. Column 4.......... Column 5......... Column 6.......... Column 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Motor, all vessels except All vessels (i) All vessels All vessels >15 All vessels not None.............. All vessels
seagoing motor vessels >=300 carrying carrying more than gross tons covered by carrying cargoes
gross tons. combustible or 12 passengers on an carrying freight- columns 2, 3, 4, in bulk that are
flammable liquid international for-hire, except and 6. listed in part
cargo in bulk.\5\ voyage, except those covered by 153, table 1, or
recreational vessels columns 2 and 3. part 154, table
not engaged in All vessels 4, or unlisted
trade.\7\ carrying cargoes that
(ii) All vessels <100 dangerous would otherwise
gross tons that--. cargoes, when be subject to
(A) Carry more than 6 required by 46 these parts.\12\
passengers-for-hire CFR part 98.
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or
(B) Carry more than
12 passengers when
chartered with the
crew provided, or
(C) Carry more than
12 passengers when
chartered with no
crew provided, or
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\
(E) Carry at least 1
passenger and are
ferries.
(iv) These
regulations do not
apply to--
(A) Recreational
vessels not engaged
in trade.
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew.
(C) Fishing vessels
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel.\6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\
[[Page 18953]]
(2) Motor, seagoing motor All vessels (i) All vessels All vessels, All vessels not All vessels All vessels
vessels >=300 gross tons. carrying carrying more than including covered by engaged in carrying cargoes
combustible or 12 passengers on an recreational columns 2, 3, 4, oceanographic in bulk that are
flammable liquid international vessels, not 6, and 7. research. listed in part
cargo in bulk.\5\ voyage, except engaged in trade. 153, table 1, or
recreational vessels This does not part 154, table
not engaged in include vessels 4, or unlisted
trade.\7\ covered by cargoes that
(ii) All ferries <100 columns 2 and 3, would otherwise
gross tons carrying and vessels be subject to
more than 6 engaged in the these parts.\12\
passengers and all fishing industry.
ferries >=100 gross
tons that carry at
least 1 passenger..
(iii) These
regulations do not
apply to--.
(A) Recreational
vessels not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels
not engaged in ocean
or coastwise service
may carry persons on
the legitimate
business of the
vessel.\6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
(3) Non-self-propelled vessels All vessels (i) All vessels that-- All seagoing All barges None.............. All tank barges
<100 gross tons. carrying barges except carrying carrying cargoes
combustible or (A) Carry more than 6 those covered by passengers or listed in Table
flammable liquid passengers-for-hire columns 2 and 3. passengers-for- 151.05 of this
cargo in bulk.\5\ whether chartered or hire except chapter or
not, or. those covered by unlisted cargoes
(B) Carry more than 6 column 3. that would
passengers when otherwise be
chartered with the subject to part
crew provided, or. 151.1 11 12
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and is a submersible
vessel.\7\.
(E) Carry more than
12 passengers on an
international
voyage..
(F) Carry more than 6
passengers and are
ferries..
(4) Non-self-propelled vessels All vessels (iii) All vessels All manned All barges All seagoing All tank barges
>=100 gross tons. carrying that-- seagoing barges. carrying barges engaged in carrying cargoes
combustible or (A) Carry more than passengers or oceanographic listed in Table
flammable liquid 12 passengers-for- passengers-for- research. 151.05 of this
cargo in bulk.\5\ hire whether hire except chapter or
chartered or not, or. those covered by unlisted cargoes
B) Carry more than 12 columns 3 and 6. that would
passengers when otherwise be
chartered with the subject to part
crew provided, or. 151.1 11 12
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and is a submersible
vessel.\7\.
(E) Carry more than
12 passengers on an
international
voyage..
(F) Carry at least 1
passenger and are
ferries..
[[Page 18954]]
(5) Sail.\13\ vessels <=700 All vessels (i) All vessels All vessels All vessels not None.............. All vessels
gross tons. carrying carrying more than carrying covered by carrying cargoes
combustible or 12 passengers on an dangerous columns 2, 3, 4, in bulk that are
flammable liquid international cargoes, when and 6. listed in part
cargo in bulk.\5\ voyage, except required by 46 153, table 1, or
recreational vessels CFR part 98. part 154, table
not engaged in 4, or unlisted
trade.\7\ cargoes that
(ii) All vessels <100 would otherwise
gross tons that--. be subject to
(A) Carry more than 6 these parts.\12\
passengers-for-hire
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or
(B) Carry more than
12 passengers when
chartered with the
crew provided, or
(C) Carry more than
12 passengers when
chartered with no
crew provided, or
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\
(E) Carry at least 1
passenger and are
ferries.
(iv) These
regulations do not
apply to--
(A) Recreational
vehicles not engaged
in trade.
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew.
(C) Fishing vessels,
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\
(6) Sail.\13\ vessels >700 All vessels (i) All vessels All vessels None............. None.............. All vessels
gross tons. carrying carrying passengers carrying carrying cargoes
combustible or or passengers-for- dangerous in bulk that are
flammable liquid hire, except cargoes, when listed in part
cargo in bulk.\5\ recreational required by 46 153, table 1, or
vessels.\7\ CFR part 98. part 154, table
(ii) All ferries that 4, or unlisted
carry at least 1 cargoes that
passenger.. would otherwise
be subject to
these parts.\12\
[[Page 18955]]
(7) Steam, vessels <=19.8 All vessels (i) All vessels All tugboats and All vessels not None.............. All vessels
meters (65 feet) in length. carrying carrying more than towboats. All covered by carrying cargoes
combustible or 12 passengers on an vessels carrying columns 2, 3, 4, in bulk that are
flammable liquid international dangerous and 6. listed in part
cargo in bulk.\5\ voyage, except cargoes, when 153, table 1, or
recreational vessels required by 46 part 154, table
not engaged in CFR part 98. 4, or unlisted
trade.\7\ cargoes that
(ii) All vessels <100 would otherwise
gross tons that--. be subject to
(A) Carry more than 6 these parts.\12\
passengers-for-hire
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or
(B) Carry more than
12 passengers when
chartered with the
crew provided, or
(C) Carry more than
12 passengers when
chartered with no
crew provided, or
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\
(E) Carry at least 1
passenger and are
ferries.
(iv) These
regulations do not
apply to--
(A) Recreational
vessels not engaged
in trade.
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew.
(C) Fishing vessels
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\
[[Page 18956]]
(7) Steam, vessels >19.8 meters All vessels (i) All vessels All vessels not None............. All vessels All vessels
(65 feet) in length. carrying carrying more than covered by engaged in carrying cargoes
combustible or 12 passengers on an columns 2, 3, 6, oceanographic in bulk that are
flammable liquid international and 7. research. listed in part
cargo in bulk.\5\ voyage, except 153, table 1, or
recreational vessels part 154, table
not engaged in 4, or unlisted
trade.\7\ cargoes that
(ii) All vessels <100 would otherwise
gross tons that--. be subject to
(A) Carry more than 6 these parts.\12\
passengers-for-hire
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or
(B) Carry more than
12 passengers when
chartered with the
crew provided, or
(C) Carry more than
12 passengers when
chartered with no
crew provided, or
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\
(E) Carry at least 1
passenger and are
ferries.
(iv) These
regulations do not
apply to--
(A) Recreational
vehicles not engaged
in trade.
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew.
(C) Fishing vessels
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key to symbols used in this table: <= means less than or equal to; > means greater than; < means less than; and >= means greater than or equal to.
Footnotes:
\1\ Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight
line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
\2\ Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W
(Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171-179 apply
whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
\3\ Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical
Schools) of this chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels)
and part 168 of subchapter R (Nautical Schools) of this chapter.
\4\ Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this
chapter covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels
less than 100 gross tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
\5\ Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of
the vessel is not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in
bulk. The portion of the vessel used for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank
Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
[[Page 18957]]
\6\ Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
\7\ The terms ``passenger(s)'' and ``passenger(s)-for-hire'' are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel
onboard shall not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
\8\ Boilers and machinery are subject to examination on vessels over 40 feet in length.
\9\ Under 46 U.S.C. 441 an oceanographic research vessel ``* * * being employed exclusively in instruction in oceanography or limnology, or both, or
exclusively in oceanographic research, * * *. Under 46 U.S.C. 443, ``an oceanographic research vessel shall not be deemed to be engaged in trade or
commerce.'' If or when an oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an
oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons
employed in the business of the vessel.
\10\ Bulk dangerous cargoes are cargoes specified in table 151.01-10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
\11\ For manned tankbarges, see Sec. 151.01-10(c) of this chapter.
\12\ See Sec. 151.01-15, 153.900(d), or 154.30 of this chapter as appropriate.
\13\ Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.
PART 188--GENERAL PROVISIONS
0
11. The authority citation for part 188 continues to read as follows:
Authority: 46 U.S.C. 2113, 3306; Pub. L. 103-206, 107 Stat.
2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.
0
12. Revise Table 188.05-1(a) of Sec. 188.05-1 to read as follows:
Sec. 188.05-1 Vessels subject to the requirements of this subchapter.
(a) * * *
Table 188.05-1(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vessels inspected and
certificated under Vessels inspected Vessels subject
Vessels inspected subchapter H-- and certificated Vessels subject Vessels subject to to the provisions
Method of propulsion, qualified and certificated Passenger Vessels 2 3 under Subchapter to the provisions the provisions of of Subchapter O--
by size or other limitation \1\ under Subchapter 4 5 or Subchapter K I--Cargo and of Subchapter C-- Subchapter U-- Certain Bulk and
D--Tank Vessels or T--Small Passenger Miscellaneous Uninspected Oceanographic Dangerous Cargoes
\2\ Vessels 2 3 4 Vessels 2 5 Vessels 2 3 6 7 8 Vessels 2 3 6 7 9 \10\
Column 1 Column 2.......... Column 3............. Column 4.......... Column 5......... Column 6.......... Column 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Motor, all vessels except All vessels (i) All vessels All vessels >15 All vessels not None.............. All vessels
seagoing motor vessels >=300 carrying carrying more than gross tons covered by carrying cargoes
gross tons. combustible or 12 passengers on an carrying freight- columns 2, 3, 4, in bulk that are
flammable liquid international for-hire, except and 6. listed in part
cargo in bulk.\5\ voyage, except those covered by 153, table 1, or
recreational vessels columns 2 and 3. part 154, table
not engaged in All vessels 4, or unlisted
trade.\7\ carrying cargoes that
(ii) All vessels <100 dangerous would otherwise
gross tons that--. cargoes, when be subject to
(A) Carry more than 6 required by 46 these parts.\12\
passengers-for-hire CFR part 98.
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
[gteqt]100 gross
tons that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or
(B) Carry more than
12 passengers when
chartered with the
crew provided, or
(C) Carry more than
12 passengers when
chartered with no
crew provided, or
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\
(E) Carry at least 1
passenger and are
ferries.
(iv) These
regulations do not
apply to--
(A) Recreational
vessels not engaged
in trade.
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew.
[[Page 18958]]
(C) Fishing vessels
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\
(2) Motor, seagoing motor All vessels (i) All vessels All vessels, All vessels not All vessels All vessels
vessels [gteqt]300 gross tons. carrying carrying more than including covered by engaged in carrying cargoes
combustible or 12 passengers on an recreational columns 2, 3, 4, oceanographic in bulk that are
flammable liquid international vessels, not 6, and 7. research. listed in part
cargo in bulk.\5\ voyage, except engaged in trade. 153, table 1, or
recreational vessels This does not part 154, table
not engaged in include vessels 4, or unlisted
trade.\7\ covered by cargoes that
(ii) All ferries <100 columns 2 and 3, would otherwise
gross tons carrying and vessels be subject to
more than 6 engaged in the these parts.\12\
passengers and all fishing industry.
ferries >=100 gross
tons that carry at
least 1 passenger..
(iii) These
regulations do not
apply to--.
(A) Recreational
vessels not engaged
in trade..
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew..
(C) Fishing vessels
not engaged in ocean
or coastwise service
may carry persons on
the legitimate
business of the
vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\.
(3) Non-self-propelled vessels All vessels (i) All vessels that-- All seagoing All barges None.............. All tank barges
<100 gross tons. carrying barges except carrying carrying cargoes
combustible or (A) Carry more than 6 those covered by passengers or listed in Table
flammable liquid passengers-for-hire columns 2 and 3. passengers-for- 151.05 of this
cargo in bulk.\5\ whether chartered or hire except chapter or
not, or. those covered by unlisted cargoes
(B) Carry more than 6 column 3. that would
passengers when otherwise be
chartered with the subject to part
crew provided, or. 151.1 11 12
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and is a submersible
vessel.\7\.
(E) Carry more than
12 passengers on an
international
voyage..
(F) Carry more than 6
passengers and are
ferries..
[[Page 18959]]
(4) Non-self-propelled vessels All vessels (iii) All vessels All manned All barges All seagoing All tank barges
[gteqt]100 gross tons. carrying that-- seagoing barges. carrying barges engaged in carrying cargoes
combustible or (A) Carry more than passengers or oceanographic listed in Table
flammable liquid 12 passengers-for- passengers-for- research. 151.05 of this
cargo in bulk.\5\ hire whether hire except chapter or
chartered or not, or. those covered by unlisted cargoes
(B) Carry more than columns 3 and 6. that would
12 passengers when otherwise be
chartered with the subject to part
crew provided, or. 151.1 11 12
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and is a submersible
vessel \7\.
(E) Carry more than
12 passengers on an
international
voyage..
(F) Carry at least 1
passenger and are
ferries..
(5) Sail.\13\ vessels <=700 All vessels (i) All vessels All vessels All vessels not None.............. All vessels
gross tons. carrying carrying more than carrying covered by carrying cargoes
combustible or 12 passengers on an dangerous columns 2, 3, 4, in bulk that are
flammable liquid international cargoes, when and 6. listed in part
cargo in bulk.\5\ voyage, except required by 46 153, table 1, or
recreational vessels CFR part 98. part 154, table
not engaged in 4, or unlisted
trade.\7\ cargoes that
(ii) All vessels <100 would otherwise
gross tons that--. be subject to
(A) Carry more than 6 these parts.\12\
passengers-for-hire
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels \7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or
(B) Carry more than
12 passengers when
chartered with the
crew provided, or
(C) Carry more than
12 passengers when
chartered with no
crew provided, or
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\
(E) Carry at least 1
passenger and are
ferries.
(iv) These
regulations do not
apply to--
(A) Recreational
vehicles not engaged
in trade.
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew.
[[Page 18960]]
(C) Fishing vessels,
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel \6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\
(6) Sail.\13\ vessels >700 All vessels (i) All vessels All vessels None............. None.............. All vessels
gross tons. carrying carrying passengers carrying carrying cargoes
combustible or or passengers-for- dangerous in bulk that are
flammable liquid hire, except cargoes, when listed in part
cargo in bulk.\5\ recreational required by 46 153, table 1, or
vessels.\7\ CFR part 98. part 154, table
ii) All ferries that 4, or unlisted
carry at least 1 cargoes that
passenger.. would otherwise
be subject to
these parts.\12\
(7) Steam, vessels <=19.8 All vessels (i) All vessels All tugboats and All vessels not None.............. All vessels
meters (65 feet) in length. carrying carrying more than towboats. All covered by carrying cargoes
combustible or 12 passengers on an vessels carrying columns 2, 3, 4, in bulk that are
flammable liquid international dangerous and 6. listed in part
cargo in bulk.\5\ voyage, except cargoes, when 153, table 1, or
recreational vessels required by 46 part 154, table
not engaged in CFR part 98. 4, or unlisted
trade.\7\ cargoes that
(ii) All vessels <100 would otherwise
gross tons that--. be subject to
(A) Carry more than 6 these parts.\12\
passengers-for-hire
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or
(B) Carry more than
12 passengers when
chartered with the
crew provided, or
(C) Carry more than
12 passengers when
chartered with no
crew provided, or
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\
(E) Carry at least 1
passenger and are
ferries.
(iv) These
regulations do not
apply to--
(A) Recreational
vessels not engaged
in trade.
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew.
[[Page 18961]]
(C) Fishing vessels
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel\6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\
(7) Steam, vessels >19.8 meters All vessels (i) All vessels All vessels not None............. All vessels All vessels
(65 feet) in length. carrying carrying more than covered by engaged in carrying cargoes
combustible or 12 passengers on an columns 2, 3, 6, oceanographic in bulk that are
flammable liquid international and 7. research. listed in part
cargo in bulk.\5\ voyage, except 153, table 1, or
recreational vessels part 154, table
not engaged in 4, or unlisted
trade.\7\ cargoes that
(ii) All vessels <100 would otherwise
gross tons that--. be subject to
(A) Carry more than 6 these parts.\12\
passengers-for-hire
whether chartered or
not, or.
(B) Carry more than 6
passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\.
(E) Carry more than 6
passengers and are
ferries..
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not, or
(B) Carry more than
12 passengers when
chartered with the
crew provided, or
(C) Carry more than
12 passengers when
chartered with no
crew provided, or
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.\7\
(E) Carry at least 1
passenger and are
ferries.
(iv) These
regulations do not
apply to--
(A) Recreational
vehicles not engaged
in trade.
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer
persons in addition
to the crew.
(C) Fishing vessels
not engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate business
of the vessel\6\ in
addition to the
crew, as restricted
by the definition of
passenger.\7\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key to symbols used in this table: <= means less than or equal to; > means greater than; < means less than; and >= means greater than or equal to.
Footnotes:
\1\ Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight
line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
[[Page 18962]]
\2\ Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W
(Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171-179 apply
whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
\3\ Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical
Schools) of this chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels)
and part 168 of subchapter R (Nautical Schools) of this chapter.
\4\ Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this
chapter covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels
less than 100 gross tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
\5\ Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of
the vessel is not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in
bulk. The portion of the vessel used for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank
Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
\6\ Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
\7\ The terms ``passenger(s)'' and ``passenger(s)-for-hire'' are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel
onboard shall not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
\8\ Boilers and machinery are subject to examination on vessels over 40 feet in length.
\9\ Under 46 U.S.C. 441 an oceanographic research vessel ``* * * being employed exclusively in instruction in oceanography or limnology, or both, or
exclusively in oceanographic research, * * *. Under 46 U.S.C. 443, ``an oceanographic research vessel shall not be deemed to be engaged in trade or
commerce.'' If or when an oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an
oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons
employed in the business of the vessel.
\10\ Bulk dangerous cargoes are cargoes specified in table 151.01-10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
\11\ For manned tankbarges, see Sec. 151.01-10(c) of this chapter.
\12\ See Sec. 151.01-15, 153.900(d), or 154.30 of this chapter as appropriate.
\13\ Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.
Dated: February 22, 2012.
Kathryn A. Sinniger,
Chief, Office of Regulations and Administrative Law, United States
Coast Guard.
[FR Doc. 2012-4762 Filed 3-28-12; 8:45 am]
BILLING CODE 9110-04-P
