Seagoing Barges, 2147-2192 [2012-30984]
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Vol. 78
Wednesday,
No. 6
January 9, 2013
Part VII
Department of Homeland Security
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Coast Guard
46 CFR Parts 2, 24, 30, et al.
Seagoing Barges; Proposed Rule
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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.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to revise several vessel inspection and
certification regulations to align them
with a statutory definition of ‘‘seagoing
barge’’ and with an exemption from
inspection and certification
requirements for certain seagoing
barges. The proposed revisions are
intended to eliminate ambiguity in
existing regulations, to reduce the
potential for confusion among the
regulated public, and to help the Coast
Guard perform its maritime safety and
stewardship missions.
DATES: Comments and related material
must either be submitted to our online
docket via https://www.regulations.gov
on or before March 11, 2013 or reach the
Docket Management Facility by that
date.
SUMMARY:
You may submit comments
identified by docket number USCG–
2011–0363 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: (202) 493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is (202) 366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
ADDRESSES:
If
you have questions on this proposed
rule, call or email Mr. William
Abernathy, Vessel and Facility
Operating Standards Division (CG–
OES–2), Coast Guard; telephone (202)
372–1363, email
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FOR FURTHER INFORMATION CONTACT:
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William.J.Abernathy@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Regulatory History
IV. Background, Basis, and Purpose
V. Discussion of Comments on the
Withdrawn Final Rule
VI. Discussion of the Proposed Rule
VII. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0363),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. We recommend that you
include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
To submit your comment online, go to
https://www.regulations.gov and insert
‘‘USCG–2011–0363’’ in the ‘‘Search’’
box. Click on ‘‘Submit a Comment’’ in
the ‘‘Actions’’ column. If you submit
your comments by mail or hand
delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
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suitable for copying and electronic
filing. If you submit comments by mail
and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope.
We will consider all comments and
material received during the comment
period and may change this proposed
rule based on your comments.
B. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov and insert
‘‘USCG–2011–0363’’ in the ‘‘Search’’
box. Click ‘‘Search.’’ Click the ‘‘Open
Docket Folder’’ in the ‘‘Actions’’
column. If you do not have access to the
Internet, you may view the docket
online by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
C. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
D. Public Meeting
We do not plan to hold a public
meeting, but you may submit a request
for one to the docket using one of the
methods specified under ADDRESSES. In
your request, explain why you believe a
public meeting would be beneficial. If
we determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
II. Abbreviations
CFR Code of Federal Regulations
DFR Direct final rule
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
OCMI Officer in Charge, Marine Inspection
Pub. L. Public Law
Sec. Section
Stat. Statute
U.S.C. United States Code
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III. Regulatory History
On December 14, 2011, the Coast
Guard published a direct final rule
(DFR) entitled ‘‘Seagoing Barges.’’ 76 FR
77712. The DFR relied on 33 CFR 1.05–
55, which sets the parameters for Coast
Guard’s issuance of DFRs and stipulates
that a DFR will be withdrawn if Coast
Guard receives any adverse comment
from the public. It further defines an
‘‘adverse’’ comment as one that
‘‘explains why the rule would be
inappropriate * * *, or would be
ineffective or unacceptable without a
change.’’ 33 CFR 1.05–55(f). After
publication of the DFR, we received two
adverse comments from the same
commenter, who said the rule would be
ineffective without change. Those
comments can be viewed by following
the instructions under the ‘‘Viewing
comments and documents’’ section of
this NPRM. Accordingly, we withdrew
the DFR with a notice published on
April 6, 2012, and at the same time
stated our intention to reconsider the
changes in a notice of proposed
rulemaking (NPRM). 77 FR 20727. This
NPRM is substantively identical to the
withdrawn DFR, except insofar as the
NPRM has been modified to take the
DFR’s adverse comments into account.
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IV. Background, Basis, and Purpose
The statutory basis for this NPRM is
46 U.S.C. 3306, which requires the
Secretary of Homeland Security to
prescribe regulations for Coast Guardinspected vessels, and Executive Order
(E.O.) 12988, Civil Justice Reform,
section 3(a), which obligates Federal
agencies to eliminate ambiguity in
existing regulations. The Secretary’s
authority under 46 U.S.C. 3306 is
delegated to the Coast Guard in DHS
Delegation No. 0170.1 paragraph (92)(b).
The purpose of this NPRM is to propose
regulatory revisions that are intended to
align Coast Guard regulations with
current statutory language, thereby
eliminating ambiguity that could cause
confusion among the regulated public.
That ambiguity arose as the result of two
statutory changes that affect how
seagoing barges are defined and
regulated.
First, seagoing barges were once
defined by law as non-self-propelled
vessels of 100 gross tons and over that
proceed on voyages on the high seas or
ocean. In 1983, as part of a
comprehensive revision of the shipping
statutes in Title 46, U.S. Code, Congress
provided a new definition of ‘‘seagoing
barge’’ in 46 U.S.C. 2101(32): A nonself-propelled vessel of at least 100 gross
tons making voyages beyond the
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statutorily defined Boundary Line.1 In
1997, the Coast Guard amended 46 CFR
90.10–36 to align that section’s
definition of seagoing barge.
Nevertheless, two Coast Guard
regulations continue to use the pre-1983
definition.
Second, under 46 U.S.C. 3301(6), all
seagoing barges must be inspected by
the Coast Guard. Accordingly, seagoing
barges have been subject to Coast Guard
inspection and certification regulations
in 46 CFR, subchapter I. However, in
1993, Congress added 46 U.S.C. 3302(m)
to exempt a seagoing barge from the
section 3301(6) inspection requirement,
if the barge is ‘‘unmanned’’ and ‘‘does
not carry’’ either a ‘‘hazardous material
as cargo’’ or ‘‘a flammable or
combustible liquid, including oil, in
bulk.’’
Since the addition of section 3302(m),
the Coast Guard has required seagoing
barges to be inspected and certificated
only if they are not subject to the
exemption provided by that statute.
Nevertheless, some owners or operators
of unmanned barges that carry neither
hazardous nor flammable/combustible
materials voluntarily continue to
undergo inspection and to maintain
certification. This may reflect a rational
business judgment, enabling the barge to
switch quickly to service that is not
eligible for exemption, for example to
make an occasional voyage with
hazardous cargo onboard. However,
because eight Coast Guard regulations
refer to the inspection and certification
of seagoing barges without explicitly
mentioning the section 3302(m)
exemption, it is possible that some barge
owners and operators continue to have
their barges inspected and certificated
only because they are unaware of the
exemption. This would cause them, and
Coast Guard inspectors, some
unnecessary expense.
V. Discussion of Comments on the
Withdrawn Direct Final Rule
During the comment period for the
DFR, we received two submissions from
the same commenter. We determined
these to be adverse comments within
the meaning of 33 CFR 1.05–55(f) and
accordingly withdrew the DFR on April
6, 2012. 77 FR 20727.
1 46 U.S.C. 103, which refers to 33 U.S.C. 151.
The Boundary Line is an ‘‘identifiable line[]
dividing inland waters of the United States from the
high seas * * *. [Boundary Lines] may not be
located more than twelve nautical miles seaward of
the base line from which the territorial sea is
measured. These lines may differ in position for the
purposes of different statutes.’’ 33 U.S.C. 151(b).
The locations of Boundary Lines for different
portions of the U.S. coastline are defined in Coast
Guard regulations, 46 CFR part 7.
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The first submission related to the 46
U.S.C. 3302(m)(2) exemption from
vessel inspection requirements for
unmanned seagoing barges that carry
neither a hazardous material as cargo,
nor ‘‘a flammable or combustible liquid,
including oil, in bulk.’’ Our DFR
amended Coast Guard regulations to
specify that barges to which the
exemption apply are not required to
undergo Coast Guard inspection or
maintain certification. Those
amendments did not define the volume
of material that would constitute ‘‘in
bulk.’’ The commenter said our rule
would be ineffective without such a
definition. We agree that, without more
fully defining ‘‘in bulk,’’ it could be
difficult for the regulated public and for
the Coast Guard to know whether or not
a particular barge can take advantage of
the section 3302(m) exemption. The
commenter pointed out that since 1996,
the Coast Guard has had a policy of
inspecting seagoing barges if they carry
bulk flammable or combustible liquids,
for the barge’s own use—for example to
operate an on board crane—and not as
cargo, so long as the quantity of liquid
amounts to at least 250 barrels. (We
have placed in the docket a copy of an
internal Coast Guard message dated
April 18, 1996, establishing that policy.)
The 250-barrel threshold is also used to
define at what point a facility that
transfers ‘‘oil or hazardous material in
bulk’’ comes within the scope of 33 CFR
part 154. 33 CFR 154.100(a). Although
the commenter did not explicitly
endorse adoption of the 250-barrel
standard for determining the
applicability of the section 3302(m)
exemption, we think it is sensible to do
so and our proposed rule defines ‘‘in
bulk’’ as meaning a quantity, either as
cargo or for the barge’s operational use,
of at least 250 barrels.
The second submission related to the
introductory paragraph of the 46 U.S.C.
3302(m) exemption for ‘‘unmanned’’
seagoing barges that carry neither
hazardous material nor flammable/
combustible liquid in bulk. Our DFR
amended Coast Guard regulations to
specify that barges to which the
exemption apply are not required to
undergo Coast Guard inspection or
maintain certification. Those
amendments did not define when a
vessel will be considered ‘‘unmanned.’’
The commenter said the rule would be
ineffective without such a definition. He
pointed out that even when the Coast
Guard Officer in Charge, Marine
Inspection (OCMI) determines that a
seagoing barge needs no one on board to
operate or navigate the barge, the OCMI
allows persons to go on board the barge
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to prepare it for transfer or offloading,
a practice known as ‘‘permissive
manning.’’ Coast Guard regulations, 46
CFR 15.501 and 15.801, authorize the
Coast Guard OCMI to set the manning
requirements for particular vessels,
‘‘after consideration of the applicable
laws, the regulations in [46 CFR part
15], and all other factors involved, such
as: Emergency situations, * * * cargo
carried, * * * degree of automation, use
of labor saving devices, and the
organizational structure of the vessel.’’
46 CFR 15.501(b). The OCMI may use
this discretionary authority to allow
permissive manning so that the barge
can fulfill its function by transferring or
offloading the cargo it has carried.
Permissive manning is inherently
temporary in nature. Therefore, we do
not think temporary permissive
manning should determine whether a
barge is considered ‘‘manned’’ or
‘‘unmanned’’ for purposes of the section
3302(m) exemption. Consequently, in
this proposed rule, we would define
‘‘unmanned’’ as ‘‘unmanned for the
purposes of barge operation or
navigation.’’
nature of seagoing barges depended on
whether or not a barge made ‘‘voyages
on the high seas or ocean.’’ Since 1983,
however, 46 U.S.C. 2101(32) has defined
‘‘seagoing’’ to mean that the barge makes
voyages ‘‘beyond the Boundary Line.’’
The proposed amendments are
structured differently from the
amendments made to 46 CFR 90.05–25
and 91.01–10 in the DFR, but
substantively would have the same
impact; in both cases sections 90.05–25
and 91.01–10 would be aligned with 46
U.S.C. 2101(32). The two sections
would also be revised to make it clear
that only seagoing barges that are
ineligible for the 46 U.S.C. 3302(m)
exemption need to be inspected and
certified by the Coast Guard.
VI. Discussion of the Proposed Rule
This proposed rule would amend
eight Coast Guard regulations that refer
to seagoing barges.
Six of the regulations contain tables
that summarize inspection and
certificating requirements for various
vessel types. The tables appear in 46
CFR 2.01–7, 24.05–1, 30.01–5, 70.05–1,
90.05–1, and 188.05–1. The tables
indicate requirements that apply to
seagoing barges without making note of
the inspection exemption provided by
46 U.S.C. 3302(m), which Congress
added in 1993. Public Law 103–206, 107
Stat. 2419. As first set forth in the
withdrawn DFR, we are proposing to
amend all of these tables to make it clear
that seagoing barges are not subject to
inspection and certification
requirements if they are unmanned for
the purposes of operating or navigating
the barge, and carry neither a hazardous
material as cargo nor a flammable or
combustible liquid, including oil, in
bulk quantities of 250 barrels or more.
We are also proposing to amend 46
CFR 90.05–25 and 91.01–10 to replace
definitions of ‘‘seagoing barge’’ that are
based on that term’s pre-1983 statutory
definition. Section 90.05–25 would
incorporate the definition of seagoing
barge contained in 46 CFR 90.10–36,
which was amended in 1997 to align
with the 1983 language of 46 U.S.C.
2101(32). Section 91.01–10 would be
revised to incorporate that same 1983
language. As discussed in part IV of this
preamble, before 1983 the ‘‘seagoing’’
Executive Orders 12866 (‘‘Regulatory
Planning and Review’’) and 13563
(‘‘Improving Regulation and Regulatory
Review’’) direct agencies to assess the
costs and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This
proposed rule has not been designated
a ‘‘significant regulatory action’’ under
section 3(f) of E.O. 12866. Accordingly,
the proposed rule has not been reviewed
by the Office of Management and
Budget (OMB). A regulatory assessment
follows:
This proposed rule would align 46
CFR 90.05–25, 46 CFR 91.01–10, and
the vessel inspection tables in 46 CFR
parts 2, 24, 30, 70, 90, and 188 with the
current statutory definition of ‘‘seagoing
barge,’’ (‘‘a non-self-propelled vessel of
at least 100 gross tons * * * making
voyages beyond the Boundary Line;’’ 46
U.S.C. 2101(32)), and with the current
statutory exemption for seagoing barges
from inspection and certification when
the barges are unmanned and not
carrying hazardous material as cargo, or
a flammable or combustible liquid,
including oil, in bulk; 46 U.S.C.
3302(m).
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VII. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or executive
orders.
A. Regulatory Planning and Review
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Based on 46 U.S.C. 2101(32) and 46
U.S.C. 3302(m), seagoing barges that do
not need inspection are those that meet
all of the following characteristics:
1. Coastwise or oceans route;
2. 100 gross tons or greater;
3. Unmanned as determined by the
OCMI; and
4. Not carrying hazardous material as
cargo, or a flammable or combustible
liquid, including oil, in bulk.
Because the Coast Guard would be
aligning the text of the regulations with
46 U.S.C. 3302(m), only barges that are
manned, or carrying hazardous material
as cargo or a flammable or combustible
liquid, including oil, in bulk would be
inspected. We would define barges
carrying hazardous material in bulk as
those that carry 250 barrels (10,500
gallons) or more, whether or not they
are carrying this material as cargo or for
the barge’s own operational use. It has
been Coast Guard policy since 1996 to
set 250 barrels as the threshold for
considering cargo to be carried ‘‘in
bulk,’’ and we use that threshold in 33
CFR 154.100(a). The alignment made by
this proposed rule, if promulgated, is
therefore consistent with Coast Guard
policy and regulatory definitions of ‘‘in
bulk.’’ If owners or operators choose to
inspect barges that are exempt from
inspection, these owners or operators do
so voluntarily and would voluntarily
incur the cost. Therefore, this proposed
rule would not impose any additional
cost to the industry.
The benefit of this proposed rule
would be in eliminating regulatory
ambiguity and aligning regulatory
language with that of current statutes. It
is Coast Guard policy not to require the
inspection of seagoing barges that are
eligible for the 46 U.S.C. 3302(m)
exemption. Therefore, we expect the
proposed rule would not have
additional beneficial impacts (or cost
savings) for industry.
B. Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
As previously discussed, this
proposed rule would align 46 CFR
90.05–25, 46 CFR 91.01–10, and the
vessel inspection table in 46 CFR parts
2, 24, 30, 70, 90, and 188 with the
current statutory definition of ‘‘seagoing
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barge’’ and with the current statutory
exemption for certain seagoing barges
from inspection and certification.
This proposed rule, if promulgated,
would not result in additional costs for
small entities because the Coast Guard
is aligning the text of the regulations
with current statutory language. The
Coast Guard currently does not require
the inspection of 46 U.S.C. 3302(m)exempt seagoing barges, so this
proposed rule would impose no
additional impacts (costs or cost
savings) to small entities.
Therefore, the Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule, if promulgated, will not have a
significant economic impact on a
substantial number of small entities. If
you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment to the Docket
Management Facility at the address
under ADDRESSES. In your comment,
explain why you think it qualifies and
how and to what degree this rule would
economically affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the proposed rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please consult
Mr. William Abernathy at (202) 372–
1363 or by email at
William.J.Abernathy@uscg.mil. The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
D. Collection of Information
This proposed rule would call for no
new collection of information nor
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would it alter an existing collection of
information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
E. Federalism
A rule has implications for federalism
under E.O. 13132, Federalism, if it has
a substantial direct effect on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels. We have analyzed this proposed
rule under that Order and have
determined that it does not have
implications for federalism.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
G. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under E.O.
12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
H. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
E.O. 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this proposed rule
under E.O. 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This proposed
rule is not an economically significant
rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
J. Indian Tribal Governments
This proposed rule does not have
tribal implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
would not have a substantial direct
effect on one or more Indian tribes, on
the relationship between the Federal
Government and Indian tribes, or on the
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distribution of power and
responsibilities between the Federal
Government and Indian tribes.
K. Energy Effects
We have analyzed this proposed rule
under E.O. 13211, Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use. We
have determined that it is not a
‘‘significant energy action’’ under that
order because it is not a ‘‘significant
regulatory action’’ under E.O. 12866 and
is not likely to have a significant
adverse effect on the supply,
distribution, or use of energy.
L. Technical Standards
The National Technology Transfer
and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary
consensus standards in their regulatory
activities unless the agency provides
Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
M. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under the ‘‘Public Participation and
Request for Comments’’ section of this
preamble. This proposed rule is
categorically excluded under section
2.B.2, figure 2–1, paragraph (34)(a) and
(d) of the Instruction. This proposed
rule involves amendments to
regulations which are editorial or
procedural and regulations concerning
documentation and inspection of
vessels. We seek any comments or
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information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects
46 CFR Part 70
Marine safety, Passenger vessels,
Reporting and recordkeeping
requirements.
PART 2—VESSEL INSPECTIONS
1. The authority citation for part 2
continues to read as follows:
Authority: Sec. 622, Pub. L. 111–281; 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).
46 CFR Part 90
Cargo vessels, Marine safety.
46 CFR Part 2
Marine safety, Reporting and
recordkeeping requirements, Vessels.
46 CFR Part 91
Cargo vessels, Marine safety,
Reporting and recordkeeping
requirements.
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 188
Marine safety, Oceanographic
research vessels.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 46 CFR parts 2, 24, 30, 70, 90,
91, and 188 as follows:
2. In § 2.01–7, Table 2.01–7(a) is
revised to read as follows:
§ 2.01–7 Classes of vessels (including
motorboats) examined or inspected and
certificated.
(a) * * *
TABLE 2.01–7(a)
Method of propulsion,
qualified by size or
other limitation 1
Column 1
Column 2
mstockstill on DSK4VPTVN1PROD with
(1) Motor, all vessels
except seagoing
motor vessels ≥300
gross tons.
VerDate Mar<15>2010
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
18:16 Jan 08, 2013
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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 3
Column 4
Column 5
Column 6
Column 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-forhire 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-forhire 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
All vessels >15 gross
tons carrying
freight-for-hire, 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
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
mstockstill on DSK4VPTVN1PROD with
(2) Motor, seagoing
motor vessels ≥300
gross tons.
VerDate Mar<15>2010
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
18:16 Jan 08, 2013
Jkt 229001
(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 carr y 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
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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
(i) All vessels that—
(A) Carry more than
6 passengers-forhire 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-forhire 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-forhire whether chartered or not, or
(B) Carry more than
6 passengers
when chartered
with the crew provided, or
All manned 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 seagoing barges
except a seagoing
barge that is covered by column 2
or 3, or that is unmanned for the
purposes of operating or navigating
the barge, and that
carries neither a
hazardous material
as cargo nor a
flammable or combustible liquid, including oil, in bulk
quantities of 250
barrels or more.
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
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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All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(4) Non-self-propelled
vessels ≥100 gross
tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(5) Sail 13 vessels
≤700 gross tons.
mstockstill on DSK4VPTVN1PROD with
(3) Non-self-propelled
vessels <100 gross
tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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18:16 Jan 08, 2013
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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
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
(6) Sail 13 vessels
>700 gross tons.
VerDate Mar<15>2010
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
18:16 Jan 08, 2013
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(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-forhire 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 rec
reational vessels.7
(ii) All ferries that
carry at least 1
passenger.
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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
(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-forhire 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-forhire 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 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
PO 00000
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mstockstill on DSK4VPTVN1PROD with
(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
18:16 Jan 08, 2013
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2157
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
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
(8) Steam, vessels
>19.8 meters (65
feet) in length.
VerDate Mar<15>2010
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
18:16 Jan 08, 2013
Jkt 229001
(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-forhire 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-forhire 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.
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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
(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 through 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 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. In § 24.05–1(a), Table 24.05–1(a) is
revised to read as follows:
■
§ 24.05–1 Vessels subject to the
requirements of this subchapter.
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(a) * * *
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TABLE 24.05–1(a)
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
(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-forhire 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-forhire 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-for-hire, 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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except seagoing
motor vessels ≥300
gross tons.
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combustible or
flammable liquid
cargo in bulk.5
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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 manned 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
(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-forhire 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
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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 carrying
combustible or
flammable liquid
cargo in bulk.5
(5) Sail 13 vessels
≤700 gross tons.
mstockstill on DSK4VPTVN1PROD with
(4) Non-self-propelled
vessels ≥100 gross
tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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(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-forhire 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-forhire 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—
PO 00000
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All seagoing barges
except a seagoing
barge that is covered by column 2
or 3, or that is unmanned for the
purposes of operating or navigating
the barge, and that
carries neither a
hazardous material
as cargo nor a
flammable or combustible liquid, including oil, in bulk
quantities of 250
barrels or more.
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
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 carrying
dangerous cargoes, when required by 46 CFR
part 98.
None ........................
None ........................
(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-forhire whether chartered or not, or
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
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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
(6) Sail.13 vessels
>700 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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(A) Carry more than
12 passengers-forhire 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.
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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
mstockstill on DSK4VPTVN1PROD with
(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-forhire 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
VerDate Mar<15>2010
18:16 Jan 08, 2013
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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
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
(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-forhire 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-forhire 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 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
PO 00000
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mstockstill on DSK4VPTVN1PROD with
(8) Steam, vessels
>19.8 meters (65
feet) in length.
VerDate Mar<15>2010
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
18:16 Jan 08, 2013
Jkt 229001
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2165
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 through 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
Authority: 46 U.S.C. 2103, 3306, 3703;
Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C.
5103, 5106; Department of Homeland
VerDate Mar<15>2010
19:20 Jan 08, 2013
Jkt 229001
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.
PO 00000
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Fmt 4701
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6. In § 30.01–5, Table 30.01–5(d) is
revised to read as follows:
■
§ 30.01–5
ALL.
*
Application of regulations—TB/
*
*
(d) * * *
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*
*
2166
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
TABLE 30.01–5(d)
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—
Ocean-ographic
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
(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-forhire 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-forhire 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-for-hire, 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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motor vessels ≥300
gross tons.
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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—
Ocean-ographic
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 manned 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
(2) Motor, seagoing
motor vessels ≥300
gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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Jkt 229001
(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-forhire 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
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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—
Ocean-ographic
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
combustible or
flammable liquid
cargo in bulk.5
(5) Sail 13 vessels
≤700 gross tons.
mstockstill on DSK4VPTVN1PROD with
(4) Non-self-propelled
vessels ≥100 gross
tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
VerDate Mar<15>2010
18:16 Jan 08, 2013
Jkt 229001
(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-forhire 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-forhire 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-forhire whether chartered or not, or
All seagoing barges
except a seagoing
barge that is covered by column 2
or 3, or that is unmanned for the
purposes of operating or navigating
the barge, and that
carries neither a
hazardous material
as cargo nor a
flammable or combustible liquid, including oil, in bulk
quantities of 250
barrels or more
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
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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2169
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—
Ocean-ographic
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 ........................
(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-forhire whether chartered or not, or
(B) Carry more than
6 passengers
when chartered
with the crew provided, or
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
PO 00000
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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
(6) Sail 13 vessels
>700 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
VerDate Mar<15>2010
18:16 Jan 08, 2013
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(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 vessel.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.
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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—
Ocean-ographic
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
(8) Steam, vessels
>19.8 meters (65
feet) in length.
VerDate Mar<15>2010
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combustible or
flammable liquid
cargo in bulk.5
18:16 Jan 08, 2013
Jkt 229001
(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-forhire 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—
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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
TABLE 30.01–5(d)—Continued
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—
Ocean-ographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—
Certain Bulk and
Dangerous Cargoes 10
Column 1
mstockstill on DSK4VPTVN1PROD with
Method of propulsion,
qualified by size or
other limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(A) Carry more than
6 passengers-forhire 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-forhire 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:
VerDate Mar<15>2010
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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
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 through 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 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. In § 70.05–1, Table 70.05–1(a) is
revised to read as follows:
■
§ 70.05–1 United States flag vessels
subject to the requirements of this
subchapter.
(a) * * *
TABLE 70.05–1(a)
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—
Ocean-ographic
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
(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-forhire 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-forhire whether chartered or not, or
All vessels >15 gross
tons carrying
freight-for-hire, 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
PO 00000
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mstockstill on DSK4VPTVN1PROD with
(1) Motor, all vessels
except seagoing
motor vessels ≥300
gross tons.
VerDate Mar<15>2010
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
18:16 Jan 08, 2013
Jkt 229001
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2173
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—
Ocean-ographic
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
mstockstill on DSK4VPTVN1PROD with
(2) Motor, seagoing
motor vessels ≥300
gross tons.
VerDate Mar<15>2010
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
18:16 Jan 08, 2013
Jkt 229001
(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.
(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.
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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—
Ocean-ographic
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 manned 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 seagoing barges
except a seagoing
barge that is covered by column 2
or 3, or that is unmanned for the
purposes of operating or navigating
the barge, and that
carries neither a
hazardous material
as cargo nor a
flammable or combustible liquid, including oil, in bulk
quantities of 250
barrels or more.
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.
mstockstill on DSK4VPTVN1PROD with
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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 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-forhire 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-forhire 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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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—
Ocean-ographic
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
(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-forhire 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-forhire 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 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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flammable liquid
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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—
Ocean-ographic
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 ........................
(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-forhire 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-forhire 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
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
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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
(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.
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2177
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—
Ocean-ographic
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
(8) Steam, vessels
>19.8 meters (65
feet) in length.
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combustible or
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19:20 Jan 08, 2013
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(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-forhire 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-forhire whether chartered or not, or
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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
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—
Ocean-ographic
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
mstockstill on DSK4VPTVN1PROD with
(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 through 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. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
*
*
*
*
*
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.
2179
10. In § 90.05–1, Table 90.05–1(a) is
revised to read as follows:
■
§ 90.05–1 Vessels subject to requirements
of this subchapter.
(a) * * *
TABLE 90.05–1(a)
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
(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-forhire 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-forhire 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.
All vessels >15 gross
tons carrying
freight-for-hire, 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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except seagoing
motor vessels >300
gross tons.
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All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
18:16 Jan 08, 2013
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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
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 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 manned 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
(2) Motor, seagoing
motor vessels >300
gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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(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-forhire whether chartered or not, or
(B) Carry more than
6 passengers
when chartered
with the crew provided, or
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2181
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 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
combustible or
flammable liquid
cargo in bulk.5
(5) Sail 13 vessels
≤700 gross tons.
mstockstill on DSK4VPTVN1PROD with
(4) Non-self-propelled
vessels ≥100 gross
tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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18:16 Jan 08, 2013
Jkt 229001
(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-forhire 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-forhire 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.
PO 00000
Frm 00035
All seagoing barges
except a seagoing
barge that is covered by column 2
or 3, or that is unmanned for the
purposes of operating or navigating
the barge, and that
carries neither a
hazardous material
as cargo nor a
flammable or combustible liquid, including oil, in bulk
quantities of 250
barrels or more.
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
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. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
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 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 9.
None ........................
None ........................
(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-forhire whether chartered or not, or
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
PO 00000
Fmt 4701
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
(6) Sail 13 vessels
>700 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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18:16 Jan 08, 2013
Jkt 229001
(iii) All vessels ≥100
gross tons that—
(A) Carry more than
12 passengers-forhire 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.
Frm 00036
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2183
TABLE 90.05–1(a)—Continued
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
mstockstill on DSK4VPTVN1PROD with
Method of propulsion,
qualified by size or
other limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(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-forhire 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
VerDate Mar<15>2010
18:16 Jan 08, 2013
Jkt 229001
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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
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 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
(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-forhire 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-forhire 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 vessels not covered by columns 2,
3, 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
PO 00000
Fmt 4701
mstockstill on DSK4VPTVN1PROD with
(8) Steam, vessels
>19.8 meters (65
feet) in length.
VerDate Mar<15>2010
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
18:16 Jan 08, 2013
Jkt 229001
Frm 00038
Sfmt 4702
None.
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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
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 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
(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 through 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.
Executive Order 12234; 45 FR 58801; 3 CFR,
1980 Comp., p. 277; Executive Order 12777,
56 FR 54757, 3 CFR, 1991 Comp., p. 351;
Department of Homeland Security Delegation
No. 0170.1.
*
*
*
*
*
11. In § 90.05–25, paragraph (a) is
revised to read as follows:
■
§ 90.05–25
Seagoing barge.
(a) Each seagoing barge, as defined in
46 CFR 90.10–36, is subject to
inspection and certification; except that
a seagoing barge is exempt from those
requirements if it is unmanned for the
purposes of operating or navigating the
barge, and carries neither a hazardous
material as cargo nor a flammable or
combustible liquid, including oil, in
bulk quantities of 250 barrels or more.
*
*
*
*
*
PART 91—INSPECTION AND
CERTIFICATION
12. The authority citation for part 91
continues to read as follows:
mstockstill on DSK4VPTVN1PROD with
■
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
3205, 3306, 3307; 46 U.S.C. Chapter 701;
VerDate Mar<15>2010
18:16 Jan 08, 2013
Jkt 229001
13. In § 91.01–10, paragraph (c) is
revised to read as follows:
(1) Makes a voyage beyond the
Boundary Line for the sole purpose of
changing employment; or
(2) Makes a voyage beyond the
Boundary Line only infrequently and
after doing so returns to its port of
departure.
§ 91.01–10 Period of validity for a
Certificate of Inspection.
PART 188—GENERAL PROVISIONS
*
■
■
*
*
*
*
(c) The master or owner of a seagoing
barge for which inspection and
certification is required by 46 CFR
90.05–25(a), or the master or owner’s
agent, may apply for a certificate of
inspection that is valid for a specific
period less than 5 years, or for a specific
voyage. The certificate will describe the
conditions under which it is issued, and
will be endorsed as applying to an
unmanned seagoing barge. Paragraph (c)
of this section applies if the seagoing
barge–
PO 00000
Frm 00039
Fmt 4701
Sfmt 4702
14. 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.
15. In § 188.05–1, Table 188.05–1(a),
is revised to read as follows:
■
§ 188.05–1 Vessels subject to
requirements of this subchapter.
(a) * * *
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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
TABLE 188.05–1(a)
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
(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-forhire 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-for-hire, 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
PO 00000
Fmt 4701
mstockstill on DSK4VPTVN1PROD with
(1) Motor, all vessels
except seagoing
motor vessels ≥300
gross tons.
VerDate Mar<15>2010
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
18:16 Jan 08, 2013
Jkt 229001
Frm 00040
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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
2187
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 manned 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
(2) Motor, seagoing
motor vessels ≥300
gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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18:16 Jan 08, 2013
Jkt 229001
(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
PO 00000
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Fmt 4701
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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
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
combustible or
flammable liquid
cargo in bulk.5
(5) Sail 13 vessels
≤700 gross tons.
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vessels ≥100 gross
tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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(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-forhire 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-forhire 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
All seagoing barges
except a seagoing
barge that is covered by column 2
or 3, or that is unmanned for the
purposes of operating or navigating
the barge, and that
carries neither a
hazardous material
as cargo nor a
flammable or combustible liquid, including oil, in bulk
quantities of 250
barrels or more.
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
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 ........................
(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-forhire whether chartered or not, or
(B) Carry more than
6 passengers
when chartered
with the crew provided, or
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
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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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(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.
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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
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
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(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-forhire 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
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2191
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
(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-forhire 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-forhire 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 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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>19.8 meters (65
feet) in length.
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combustible or
flammable liquid
cargo in bulk.5
18:16 Jan 08, 2013
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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
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
(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.
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 through 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: November 16, 2012.
J.G. Lantz,
Director of Commercial Regulations and
Standards, U.S. Coast Guard.
[FR Doc. 2012–30984 Filed 1–8–13; 8:45 am]
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]]>Agencies
[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Proposed Rules]
[Pages 2147-2192]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30984]
[[Page 2147]]
Vol. 78
Wednesday,
No. 6
January 9, 2013
Part VII
Department of Homeland Security
-----------------------------------------------------------------------
Coast Guard
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46 CFR Parts 2, 24, 30, et al.
Seagoing Barges; Proposed Rule
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 /
Proposed Rules
[[Page 2148]]
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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: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to revise several vessel
inspection and certification regulations to align them with a statutory
definition of ``seagoing barge'' and with an exemption from inspection
and certification requirements for certain seagoing barges. The
proposed revisions are intended to eliminate ambiguity in existing
regulations, to reduce the potential for confusion among the regulated
public, and to help the Coast Guard perform its maritime safety and
stewardship missions.
DATES: Comments and related material must either be submitted to our
online docket via https://www.regulations.gov on or before March 11,
2013 or reach the Docket Management Facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0363 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. William Abernathy, Vessel and Facility
Operating Standards Division (CG-OES-2), Coast Guard; telephone (202)
372-1363, email William.J.Abernathy@uscg.mil. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Regulatory History
IV. Background, Basis, and Purpose
V. Discussion of Comments on the Withdrawn Final Rule
VI. Discussion of the Proposed Rule
VII. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0363), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
To submit your comment online, go to https://www.regulations.gov and
insert ``USCG-2011-0363'' in the ``Search'' box. Click on ``Submit a
Comment'' in the ``Actions'' column. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
Facility, please enclose a stamped, self-addressed postcard or
envelope.
We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov and
insert ``USCG-2011-0363'' in the ``Search'' box. Click ``Search.''
Click the ``Open Docket Folder'' in the ``Actions'' column. If you do
not have access to the Internet, you may view the docket online by
visiting the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. We have an agreement
with the Department of Transportation to use the Docket Management
Facility.
C. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
D. Public Meeting
We do not plan to hold a public meeting, but you may submit a
request for one to the docket using one of the methods specified under
ADDRESSES. In your request, explain why you believe a public meeting
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
II. Abbreviations
CFR Code of Federal Regulations
DFR Direct final rule
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
OCMI Officer in Charge, Marine Inspection
Pub. L. Public Law
Sec. Section
Stat. Statute
U.S.C. United States Code
[[Page 2149]]
III. Regulatory History
On December 14, 2011, the Coast Guard published a direct final rule
(DFR) entitled ``Seagoing Barges.'' 76 FR 77712. The DFR relied on 33
CFR 1.05-55, which sets the parameters for Coast Guard's issuance of
DFRs and stipulates that a DFR will be withdrawn if Coast Guard
receives any adverse comment from the public. It further defines an
``adverse'' comment as one that ``explains why the rule would be
inappropriate * * *, or would be ineffective or unacceptable without a
change.'' 33 CFR 1.05-55(f). After publication of the DFR, we received
two adverse comments from the same commenter, who said the rule would
be ineffective without change. Those comments can be viewed by
following the instructions under the ``Viewing comments and documents''
section of this NPRM. Accordingly, we withdrew the DFR with a notice
published on April 6, 2012, and at the same time stated our intention
to reconsider the changes in a notice of proposed rulemaking (NPRM). 77
FR 20727. This NPRM is substantively identical to the withdrawn DFR,
except insofar as the NPRM has been modified to take the DFR's adverse
comments into account.
IV. Background, Basis, and Purpose
The statutory basis for this NPRM is 46 U.S.C. 3306, which requires
the Secretary of Homeland Security to prescribe regulations for Coast
Guard-inspected vessels, and Executive Order (E.O.) 12988, Civil
Justice Reform, section 3(a), which obligates Federal agencies to
eliminate ambiguity in existing regulations. The Secretary's authority
under 46 U.S.C. 3306 is delegated to the Coast Guard in DHS Delegation
No. 0170.1 paragraph (92)(b). The purpose of this NPRM is to propose
regulatory revisions that are intended to align Coast Guard regulations
with current statutory language, thereby eliminating ambiguity that
could cause confusion among the regulated public. That ambiguity arose
as the result of two statutory changes that affect how seagoing barges
are defined and regulated.
First, seagoing barges were once defined by law as non-self-
propelled vessels of 100 gross tons and over that proceed on voyages on
the high seas or ocean. In 1983, as part of a comprehensive revision of
the shipping statutes in Title 46, U.S. Code, Congress provided a new
definition of ``seagoing barge'' in 46 U.S.C. 2101(32): A non-self-
propelled vessel of at least 100 gross tons making voyages beyond the
statutorily defined Boundary Line.\1\ In 1997, the Coast Guard amended
46 CFR 90.10-36 to align that section's definition of seagoing barge.
Nevertheless, two Coast Guard regulations continue to use the pre-1983
definition.
---------------------------------------------------------------------------
\1\ 46 U.S.C. 103, which refers to 33 U.S.C. 151. The Boundary
Line is an ``identifiable line[] dividing inland waters of the
United States from the high seas * * *. [Boundary Lines] may not be
located more than twelve nautical miles seaward of the base line
from which the territorial sea is measured. These lines may differ
in position for the purposes of different statutes.'' 33 U.S.C.
151(b). The locations of Boundary Lines for different portions of
the U.S. coastline are defined in Coast Guard regulations, 46 CFR
part 7.
---------------------------------------------------------------------------
Second, under 46 U.S.C. 3301(6), all seagoing barges must be
inspected by the Coast Guard. Accordingly, seagoing barges have been
subject to Coast Guard inspection and certification regulations in 46
CFR, subchapter I. However, in 1993, Congress added 46 U.S.C. 3302(m)
to exempt a seagoing barge from the section 3301(6) inspection
requirement, if the barge is ``unmanned'' and ``does not carry'' either
a ``hazardous material as cargo'' or ``a flammable or combustible
liquid, including oil, in bulk.''
Since the addition of section 3302(m), the Coast Guard has required
seagoing barges to be inspected and certificated only if they are not
subject to the exemption provided by that statute. Nevertheless, some
owners or operators of unmanned barges that carry neither hazardous nor
flammable/combustible materials voluntarily continue to undergo
inspection and to maintain certification. This may reflect a rational
business judgment, enabling the barge to switch quickly to service that
is not eligible for exemption, for example to make an occasional voyage
with hazardous cargo onboard. However, because eight Coast Guard
regulations refer to the inspection and certification of seagoing
barges without explicitly mentioning the section 3302(m) exemption, it
is possible that some barge owners and operators continue to have their
barges inspected and certificated only because they are unaware of the
exemption. This would cause them, and Coast Guard inspectors, some
unnecessary expense.
V. Discussion of Comments on the Withdrawn Direct Final Rule
During the comment period for the DFR, we received two submissions
from the same commenter. We determined these to be adverse comments
within the meaning of 33 CFR 1.05-55(f) and accordingly withdrew the
DFR on April 6, 2012. 77 FR 20727.
The first submission related to the 46 U.S.C. 3302(m)(2) exemption
from vessel inspection requirements for unmanned seagoing barges that
carry neither a hazardous material as cargo, nor ``a flammable or
combustible liquid, including oil, in bulk.'' Our DFR amended Coast
Guard regulations to specify that barges to which the exemption apply
are not required to undergo Coast Guard inspection or maintain
certification. Those amendments did not define the volume of material
that would constitute ``in bulk.'' The commenter said our rule would be
ineffective without such a definition. We agree that, without more
fully defining ``in bulk,'' it could be difficult for the regulated
public and for the Coast Guard to know whether or not a particular
barge can take advantage of the section 3302(m) exemption. The
commenter pointed out that since 1996, the Coast Guard has had a policy
of inspecting seagoing barges if they carry bulk flammable or
combustible liquids, for the barge's own use--for example to operate an
on board crane--and not as cargo, so long as the quantity of liquid
amounts to at least 250 barrels. (We have placed in the docket a copy
of an internal Coast Guard message dated April 18, 1996, establishing
that policy.) The 250-barrel threshold is also used to define at what
point a facility that transfers ``oil or hazardous material in bulk''
comes within the scope of 33 CFR part 154. 33 CFR 154.100(a). Although
the commenter did not explicitly endorse adoption of the 250-barrel
standard for determining the applicability of the section 3302(m)
exemption, we think it is sensible to do so and our proposed rule
defines ``in bulk'' as meaning a quantity, either as cargo or for the
barge's operational use, of at least 250 barrels.
The second submission related to the introductory paragraph of the
46 U.S.C. 3302(m) exemption for ``unmanned'' seagoing barges that carry
neither hazardous material nor flammable/combustible liquid in bulk.
Our DFR amended Coast Guard regulations to specify that barges to which
the exemption apply are not required to undergo Coast Guard inspection
or maintain certification. Those amendments did not define when a
vessel will be considered ``unmanned.'' The commenter said the rule
would be ineffective without such a definition. He pointed out that
even when the Coast Guard Officer in Charge, Marine Inspection (OCMI)
determines that a seagoing barge needs no one on board to operate or
navigate the barge, the OCMI allows persons to go on board the barge
[[Page 2150]]
to prepare it for transfer or offloading, a practice known as
``permissive manning.'' Coast Guard regulations, 46 CFR 15.501 and
15.801, authorize the Coast Guard OCMI to set the manning requirements
for particular vessels, ``after consideration of the applicable laws,
the regulations in [46 CFR part 15], and all other factors involved,
such as: Emergency situations, * * * cargo carried, * * * degree of
automation, use of labor saving devices, and the organizational
structure of the vessel.'' 46 CFR 15.501(b). The OCMI may use this
discretionary authority to allow permissive manning so that the barge
can fulfill its function by transferring or offloading the cargo it has
carried. Permissive manning is inherently temporary in nature.
Therefore, we do not think temporary permissive manning should
determine whether a barge is considered ``manned'' or ``unmanned'' for
purposes of the section 3302(m) exemption. Consequently, in this
proposed rule, we would define ``unmanned'' as ``unmanned for the
purposes of barge operation or navigation.''
VI. Discussion of the Proposed Rule
This proposed rule would amend eight Coast Guard regulations that
refer to seagoing barges.
Six of the regulations contain tables that summarize inspection and
certificating requirements for various vessel types. The tables appear
in 46 CFR 2.01-7, 24.05-1, 30.01-5, 70.05-1, 90.05-1, and 188.05-1. The
tables indicate requirements that apply to seagoing barges without
making note of the inspection exemption provided by 46 U.S.C. 3302(m),
which Congress added in 1993. Public Law 103-206, 107 Stat. 2419. As
first set forth in the withdrawn DFR, we are proposing to amend all of
these tables to make it clear that seagoing barges are not subject to
inspection and certification requirements if they are unmanned for the
purposes of operating or navigating the barge, and carry neither a
hazardous material as cargo nor a flammable or combustible liquid,
including oil, in bulk quantities of 250 barrels or more.
We are also proposing to amend 46 CFR 90.05-25 and 91.01-10 to
replace definitions of ``seagoing barge'' that are based on that term's
pre-1983 statutory definition. Section 90.05-25 would incorporate the
definition of seagoing barge contained in 46 CFR 90.10-36, which was
amended in 1997 to align with the 1983 language of 46 U.S.C. 2101(32).
Section 91.01-10 would be revised to incorporate that same 1983
language. As discussed in part IV of this preamble, before 1983 the
``seagoing'' nature of seagoing barges depended on whether or not a
barge made ``voyages on the high seas or ocean.'' Since 1983, however,
46 U.S.C. 2101(32) has defined ``seagoing'' to mean that the barge
makes voyages ``beyond the Boundary Line.'' The proposed amendments are
structured differently from the amendments made to 46 CFR 90.05-25 and
91.01-10 in the DFR, but substantively would have the same impact; in
both cases sections 90.05-25 and 91.01-10 would be aligned with 46
U.S.C. 2101(32). The two sections would also be revised to make it
clear that only seagoing barges that are ineligible for the 46 U.S.C.
3302(m) exemption need to be inspected and certified by the Coast
Guard.
VII. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This proposed rule has not been designated a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, the proposed rule has not been reviewed by the Office of
Management and Budget (OMB). A regulatory assessment follows:
This proposed rule would align 46 CFR 90.05-25, 46 CFR 91.01-10,
and the vessel inspection tables in 46 CFR parts 2, 24, 30, 70, 90, and
188 with the current statutory definition of ``seagoing barge,'' (``a
non-self-propelled vessel of at least 100 gross tons * * * making
voyages beyond the Boundary Line;'' 46 U.S.C. 2101(32)), and with the
current statutory exemption for seagoing barges from inspection and
certification when the barges are unmanned and not carrying hazardous
material as cargo, or a flammable or combustible liquid, including oil,
in bulk; 46 U.S.C. 3302(m).
Based on 46 U.S.C. 2101(32) and 46 U.S.C. 3302(m), seagoing barges
that do not need inspection are those that meet all of the following
characteristics:
1. Coastwise or oceans route;
2. 100 gross tons or greater;
3. Unmanned as determined by the OCMI; and
4. Not carrying hazardous material as cargo, or a flammable or
combustible liquid, including oil, in bulk.
Because the Coast Guard would be aligning the text of the
regulations with 46 U.S.C. 3302(m), only barges that are manned, or
carrying hazardous material as cargo or a flammable or combustible
liquid, including oil, in bulk would be inspected. We would define
barges carrying hazardous material in bulk as those that carry 250
barrels (10,500 gallons) or more, whether or not they are carrying this
material as cargo or for the barge's own operational use. It has been
Coast Guard policy since 1996 to set 250 barrels as the threshold for
considering cargo to be carried ``in bulk,'' and we use that threshold
in 33 CFR 154.100(a). The alignment made by this proposed rule, if
promulgated, is therefore consistent with Coast Guard policy and
regulatory definitions of ``in bulk.'' If owners or operators choose to
inspect barges that are exempt from inspection, these owners or
operators do so voluntarily and would voluntarily incur the cost.
Therefore, this proposed rule would not impose any additional cost to
the industry.
The benefit of this proposed rule would be in eliminating
regulatory ambiguity and aligning regulatory language with that of
current statutes. It is Coast Guard policy not to require the
inspection of seagoing barges that are eligible for the 46 U.S.C.
3302(m) exemption. Therefore, we expect the proposed rule would not
have additional beneficial impacts (or cost savings) for industry.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
As previously discussed, this proposed rule would align 46 CFR
90.05-25, 46 CFR 91.01-10, and the vessel inspection table in 46 CFR
parts 2, 24, 30, 70, 90, and 188 with the current statutory definition
of ``seagoing
[[Page 2151]]
barge'' and with the current statutory exemption for certain seagoing
barges from inspection and certification.
This proposed rule, if promulgated, would not result in additional
costs for small entities because the Coast Guard is aligning the text
of the regulations with current statutory language. The Coast Guard
currently does not require the inspection of 46 U.S.C. 3302(m)-exempt
seagoing barges, so this proposed rule would impose no additional
impacts (costs or cost savings) to small entities.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. If you think
that your business, organization, or governmental jurisdiction
qualifies as a small entity and that this rule would have a significant
economic impact on it, please submit a comment to the Docket Management
Facility at the address under ADDRESSES. In your comment, explain why
you think it qualifies and how and to what degree this rule would
economically affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult Mr. William
Abernathy at (202) 372-1363 or by email at
William.J.Abernathy@uscg.mil. The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This proposed rule would call for no new collection of information
nor would it alter an existing collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
E. Federalism
A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels. We
have analyzed this proposed rule under that Order and have determined
that it does not have implications for federalism.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
G. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
H. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this proposed rule under E.O. 13045, Protection of
Children from Environmental Health Risks and Safety Risks. This
proposed rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This proposed rule does not have tribal implications under E.O.
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this proposed rule under E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under E.O. 12866 and is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy.
L. Technical Standards
The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through the
Office of Management and Budget, with an explanation of why using these
standards would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., specifications of materials, performance, design, or operation;
test methods; sampling procedures; and related management systems
practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
M. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. This
proposed rule is categorically excluded under section 2.B.2, figure 2-
1, paragraph (34)(a) and (d) of the Instruction. This proposed rule
involves amendments to regulations which are editorial or procedural
and regulations concerning documentation and inspection of vessels. We
seek any comments or
[[Page 2152]]
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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 91
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 188
Marine safety, Oceanographic research vessels.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 46 CFR parts 2, 24, 30, 70, 90, 91, and 188 as follows:
PART 2--VESSEL INSPECTIONS
1. The authority citation for part 2 continues to read as follows:
Authority: Sec. 622, Pub. L. 111-281; 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. In Sec. 2.01-7, Table 2.01-7(a) is revised to read as follows:
Sec. 2.01-7 Classes of vessels (including motorboats) examined or
inspected and certificated.
(a) * * *
Table 2.01-7(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vessels inspected
and certificated Vessels inspected Vessels subject to
Vessels inspected under Subchapter and certificated Vessels subject to Vessels subject to the provisions of
Method of propulsion, qualified and certificated H--Passenger under Subchapter the provisions of the provisions of Subchapter O--
by size or other limitation 1 under Subchapter Vessels 2 3 4 5 or I--Cargo and Subchapter C-- Subchapter U-- Certain Bulk and
D--Tank Vessels 2 Subchapter K or T-- Miscellaneous Uninspected Oceanographic Dangerous Cargoes
Small Passenger Vessels 2 5 Vessels 2 3 6 7 8 Vessels 2 3 6 7 9 10
Vessels 2 3 4
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 gross tons covered by carrying cargoes
gross tons. combustible or than 12 carrying freight- columns 2, 3, 4, in bulk that are
flammable liquid passengers on an for-hire, except and 6. listed in part
cargo in bulk.\5\ international those covered by 153, table 1, or
voyage, except columns 2 and 3. part 154, table
recreational All vessels 4, or unlisted
vessels not carrying cargoes that
engaged in dangerous would otherwise
trade.\7\ cargoes, when be subject to
(ii) All vessels required by 46 these parts.\12\
<100 gross tons CFR part 98.
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
[[Page 2153]]
(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 All vessels, All vessels not All vessels engaged All vessels
vessels >=300 gross tons. carrying carrying more including covered by in oceanographic carrying cargoes
combustible or than 12 recreational columns 2, 3, 4, research. in bulk that are
flammable liquid passengers on an vessels, not 6, and 7. listed in part
cargo in bulk.\5\ international engaged in trade. 153, table 1, or
voyage, except This does not part 154, table
recreational include vessels 4, or unlisted
vessels not covered by cargoes that
engaged in columns 2 and 3, would otherwise
trade.\7\ and vessels be subject to
(ii) All ferries engaged in the these parts.\12\
<100 gross tons fishing industry.
carrying more
than 6 passengers
and all ferries
>=100 gross tons
that carr y 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\
[[Page 2154]]
(3) Non-self-propelled vessels All vessels (i) All vessels All manned barges All barges None............... All tank barges
<100 gross tons. carrying that-- except those carrying carrying cargoes
combustible or (A) Carry more covered by passengers or listed in Table
flammable liquid than 6 passengers- columns 2 and 3. passengers-for- 151.05 of this
cargo in bulk.\5\ for-hire whether hire except those chapter or
chartered or not, covered by column unlisted cargoes
or. 3. that would
(B) Carry more otherwise be
than 6 passengers subject to part
when chartered 151.1 11 12
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.
(4) Non-self-propelled vessels All vessels (iii) All vessels All seagoing All barges All seagoing barges All tank barges
>=100 gross tons. carrying that-- barges except a carrying engaged in carrying cargoes
combustible or (A) Carry more seagoing barge passengers or oceanographic listed in Table
flammable liquid than 12 that is covered passengers-for- research. 151.05 of this
cargo in bulk.\5\ passengers-for- by column 2 or 3, hire except those chapter or
hire whether or that is covered by unlisted cargoes
chartered or not, unmanned for the columns 3 and 6. that would
or. purposes of otherwise be
(B) Carry more operating or subject to part
than 12 navigating the 151.1 11 12
passengers when barge, and that
chartered with carries neither a
the crew hazardous
provided, or. material as cargo
(C) Carry more nor a flammable
than 12 or combustible
passengers when liquid, including
chartered with no oil, in bulk
crew provided, or. quantities of 250
(D) Carry at least barrels or more.
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 carrying covered by carrying cargoes
combustible or than 12 dangerous columns 2, 3, 4, in bulk that are
flammable liquid passengers on an cargoes, when and 6. listed in part
cargo in bulk.\5\ international required by 46 153, table 1, or
voyage, except CFR part 98. part 154, table
recreational 4, or unlisted
vessels not cargoes that
engaged in would otherwise
trade.\7\ be subject to
(ii) All vessels these parts.\12\
<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
[[Page 2155]]
(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 carrying carrying cargoes
combustible or passengers or dangerous in bulk that are
flammable liquid passengers-for- cargoes, when listed in part
cargo in bulk.\5\ hire, except rec required by 46 153, table 1, or
reational CFR part 98. part 154, table
vessels.\7\ 4, or unlisted
(ii) All ferries cargoes that
that carry at would otherwise
least 1 be subject to
passenger.. these parts.\12\
[[Page 2156]]
(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 towboats. All covered by carrying cargoes
combustible or than 12 vessels carrying columns 2, 3, 4, in bulk that are
flammable liquid passengers on an dangerous and 6. listed in part
cargo in bulk.\5\ international cargoes, when 153, table 1, or
voyage, except required by 46 part 154, table
recreational CFR part 98. 4, or unlisted
vessels not cargoes that
engaged in would otherwise
trade.\7\ be subject to
(ii) All vessels these parts.\12\
<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.
[[Page 2157]]
(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\
(8) Steam, vessels >19.8 meters All vessels (i) All vessels All vessels not None.............. All vessels engaged All vessels
(65 feet) in length. carrying carrying more covered by in oceanographic carrying cargoes
combustible or than 12 columns 2, 3, 6, research. in bulk that are
flammable liquid passengers on an and 7. listed in part
cargo in bulk.\5\ international 153, table 1, or
voyage, except part 154, table
recreational 4, or unlisted
vessels not cargoes that
engaged in would otherwise
trade.\7\ be subject to
(ii) All vessels these parts.\12\
<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.
[[Page 2158]]
(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 through
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 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. In Sec. 24.05-1(a), Table 24.05-1(a) is revised to read as follows:
Sec. 24.05-1 Vessels subject to the requirements of this subchapter.
(a) * * *
[[Page 2159]]
Table 24.05-1(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vessels inspected
and certificated Vessels inspected Vessels subject to
Vessels inspected under Subchapter and certificated Vessels subject to Vessels subject to the provisions of
Method of propulsion, qualified and certificated H--Passenger under Subchapter the provisions of the provisions of Subchapter O--
by size or other limitation \1\ under Subchapter Vessels 2 3 4 5 or I--Cargo and Subchapter C-- Subchapter U-- Certain Bulk and
D--Tank Vessels Subchapter K or T-- Miscellaneous Uninspected Oceanographic Dangerous Cargoes
\2\ Small Passenger Vessels 2 5 Vessels.2 3 6 7 8 Vessels 2 3 6 7 9 \10\
Vessels 2 3 4
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 gross tons covered by carrying cargoes
gross tons. combustible or than 12 carrying freight- columns 2, 3, 4, in bulk that are
flammable liquid passengers on an for-hire, except and 6. listed in part
cargo in bulk.\5\ international those covered by 153, table 1, or
voyage, except columns 2 and 3. part 154, table
recreational All vessels 4, or unlisted
vessels not carrying cargoes that
engaged in dangerous would otherwise
trade.\7\ cargoes, when be subject to
(ii) All vessels required by 46 these parts.\12\
<100 gross tons CFR part 98.
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..
[[Page 2160]]
(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 engaged All vessels
vessels >=300 gross tons. carrying carrying more including covered by in oceanographic carrying cargoes
combustible or than 12 recreational columns 2, 3, 4, research. in bulk that are
flammable liquid passengers on an vessels, not 6, and 7. listed in part
cargo in bulk.\5\ international engaged in trade. 153, table 1, or
voyage, except This does not part 154, table
recreational include vessels 4, or unlisted
vessels not covered by cargoes that
engaged in columns 2 and 3, would otherwise
trade.\7\ and vessels be subject to
(ii) All ferries engaged in the these parts.\12\
<100 gross tons fishing industry.
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\
(3) Non-self-propelled vessels All vessels (i) All vessels All manned barges All barges None............... All tank barges
<100 gross tons. carrying that-- except those carrying carrying cargoes
combustible or (A) Carry more covered by passengers or listed in Table
flammable liquid than 6 passengers- columns 2 and 3. passengers-for- 151.05 of this
cargo in bulk.\5\ for-hire whether hire except those chapter or
chartered or not, covered by column unlisted cargoes
or. 3. that would
(B) Carry more otherwise be
than 6 passengers subject to part
when chartered 151.1 11 12
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\
[[Page 2161]]
(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 seagoing All barges All seagoing barges All tank barges
>=100 gross tons. carrying that-- barges except a carrying engaged in carrying cargoes
combustible or (A) Carry more seagoing barge passengers or oceanographic listed in Table
flammable liquid than 12 that is covered passengers-for- research. 151.05 of this
cargo in bulk.\5\ passengers-for- by column 2 or 3, hire except those chapter or
hire whether or that is covered by unlisted cargoes
chartered or not, unmanned for the columns 3 and 6. that would
or. purposes of otherwise be
(B) Carry more operating or subject to part
than 12 navigating the 151.1 11 12
passengers when barge, and that
chartered with carries neither a
the crew hazardous
provided, or. material as cargo
(C) Carry more nor a flammable
than 12 or combustible
passengers when liquid, including
chartered with no oil, in bulk
crew provided, or. quantities of 250
(D) Carry at least barrels or more.
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 carrying covered by carrying cargoes
combustible or than 12 dangerous columns 2, 3, 4, in bulk that are
flammable liquid passengers on an cargoes, when and 6. listed in part
cargo in bulk.\5\ international required by 46 153, table 1, or
voyage, except CFR part 98. part 154, table
recreational 4, or unlisted
vessels not cargoes that
engaged in would otherwise
trade.\7\ be subject to
(ii) All vessels these parts.\12\
<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--.
[[Page 2162]]
(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 carrying carrying cargoes
combustible or passengers or dangerous in bulk that are
flammable liquid passengers-for- cargoes, when listed in part
cargo in bulk.\5\ hire, except required by 46 153, table 1, or
recreational CFR part 98. part 154, table
vessels.\7\ 4, or unlisted
(ii) All ferries cargoes that
that carry at would otherwise
least 1 be subject to
passenger.. 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 towboats. All covered by carrying cargoes
combustible or than 12 vessels carrying columns 2, 3, 4, in bulk that are
flammable liquid passengers on an dangerous and 6. listed in part
cargo in bulk.\5\ international cargoes, when 153, table 1, or
voyage, except required by 46 part 154, table
recreational CFR part 98. 4, or unlisted
vessels not cargoes that
engaged in would otherwise
trade.\7\ be subject to
(ii) All vessels these parts.\12\
<100 gross tons
that--.
(A) Carry more
than 6 passengers-
for-hire whether
chartered or not,
or.
[[Page 2163]]
(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 2164]]
(8) Steam, vessels >19.8 meters All vessels (i) All vessels All vessels not None.............. All vessels engaged All vessels
(65 feet) in length. carrying carrying more covered by in oceanographic carrying cargoes
combustible or than 12 columns 2, 3, 6, research. in bulk that are
flammable liquid passengers on an and 7. listed in part
cargo in bulk.\5\ international 153, table 1, or
voyage, except part 154, table
recreational 4, or unlisted
vessels not cargoes that
engaged in would otherwise
trade.\7\ be subject to
(ii) All vessels these parts.\12\
<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..
[[Page 2165]]
(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 through
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. In Sec. 30.01-5, Table 30.01-5(d) is revised to read as follows:
Sec. 30.01-5 Application of regulations--TB/ALL.
* * * * *
(d) * * *
[[Page 2166]]
Table 30.01-5(d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vessels inspected
and certificated Vessels inspected Vessels subject to Vessels subject to Vessels subject to
Vessels inspected under Subchapter and certificated the provisions of the provisions of the provisions of
Method of propulsion, qualified and certificated H--Passenger under Subchapter Subchapter C-- Subchapter U-- Subchapter O--
by size or other limitation \1\ under Subchapter Vessels \2 3 4 5\ I--Cargo and Uninspected Ocean-ographic Certain Bulk and
D--Tank Vessels or Subchapter K or Miscellaneous Vessels \2 3 6 7 Vessels \2 3 6 7 Dangerous Cargoes
\2\ T--Small Passenger Vessels \2 5\ 8\ 9\ \10\
Vessels \2 3 4\
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 carrying carrying more gross tons covered by carrying cargoes
[gteqt]300 gross tons. combustible or than 12 carrying freight- columns 2, 3, 4, in bulk that are
flammable liquid passengers on an for-hire, except and 6. listed in part
cargo in bulk.\5\ international those covered by 153, table 1, or
voyage, except columns 2 and 3. part 154, table
recreational All vessels 4, or unlisted
vessels not carrying cargoes that
engaged in dangerous would otherwise
trade.\7\ cargoes, when be subject to
(ii) All vessels required by 46 these parts.\12\
<100 gross tons CFR part 98.
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
[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 2167]]
(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 including covered by engaged in carrying cargoes
combustible or than 12 recreational columns 2, 3, 4, oceanographic in bulk that are
flammable liquid passengers on an vessels, not 6, and 7. research. listed in part
cargo in bulk.\5\ international engaged in trade. 153, table 1, or
voyage, except This does not part 154, table
recreational include vessels 4, or unlisted
vessels not covered by cargoes that
engaged in columns 2 and 3, would otherwise
trade.\7\ and vessels be subject to
(ii) All ferries engaged in the these parts.\12\
<100 gross tons fishing industry.
carrying more
than 6 passengers
and all ferries
[gteqt]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 All manned barges All barges None.............. All tank barges
<100 gross tons. carrying that-- except those carrying carrying cargoes
combustible or (A) Carry more covered by passengers or listed in Table
flammable liquid than 6 passengers- columns 2 and 3. passengers-for- 151.05 of this
cargo in bulk.\5\ for-hire whether hire except those chapter or
chartered or not, covered by column unlisted cargoes
or. 3. that would
(B) Carry more otherwise be
than 6 passengers subject to part
when chartered 151 \1 11 12\
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\
[[Page 2168]]
(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 seagoing All barges All seagoing All tank barges
[gteqt]100 gross tons. carrying that-- barges except a carrying barges engaged in carrying cargoes
combustible or (A) Carry more seagoing barge passengers or oceanographic listed in Table
flammable liquid than 12 that is covered passengers-for- research 151.05 of this
cargo in bulk.\5\ passengers-for- by column 2 or 3, hire except those chapter or
hire whether or that is covered by unlisted cargoes
chartered or not, unmanned for the columns 3 and 6 that would
or. purposes of otherwise be
(B) Carry more operating or subject to part
than 12 navigating the 151 \1 11 12\
passengers when barge, and that
chartered with carries neither a
the crew hazardous
provided, or. material as cargo
(C) Carry more nor a flammable
than 12 or combustible
passengers when liquid, including
chartered with no oil, in bulk
crew provided, or. quantities of 250
(D) Carry at least barrels or more
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 carrying covered by carrying cargoes
combustible or than 12 dangerous columns 2, 3, 4, in bulk that are
flammable liquid passengers on an cargoes, when and 6. listed in part
cargo in bulk.\5\ international required by 46 153, table 1, or
voyage, except CFR part 98. part 154, table
recreational 4, or unlisted
vessels not cargoes that
engaged in would otherwise
trade.\7\ be subject to
(ii) All vessels these parts.\12\
<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
[[Page 2169]]
(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
vessel.\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 gross All vessels (i) All vessels All vessels None.............. None.............. All vessels
tons. carrying carrying carrying carrying cargoes
combustible or passengers or dangerous in bulk that are
flammable liquid passengers-for- cargoes, when listed in part
cargo in bulk.\5\ hire, except required by 46 153, table 1, or
recreational CFR part 98. part 154, table
vessels.\7\ 4, or unlisted
(ii) All ferries cargoes that
that carry at would otherwise
least 1 be subject to
passenger.. these parts.\12\
(7) Steam, vessels <=19.8 meters All vessels (i) All vessels All tugboats and All vessels not None.............. All vessels
(65 feet) in length. carrying carrying more towboats. All covered by carrying cargoes
combustible or than 12 vessels carrying columns 2, 3, 4, in bulk that are
flammable liquid passengers on an dangerous and 6. listed in part
cargo in bulk.\5\ international cargoes, when 153, table 1, or
voyage, except required by 46 part 154, table
recreational CFR part 98. 4, or unlisted
vessels not cargoes that
engaged in would otherwise
trade.\7\ be subject to
(ii) All vessels these parts.\12\
<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
[[Page 2170]]
(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\
(8) 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 covered by engaged in carrying cargoes
combustible or than 12 columns 2, 3, 6, oceanographic in bulk that are
flammable liquid passengers on an and 7. research. listed in part
cargo in bulk.\5\ international 153, table 1, or
voyage, except part 154, table
recreational 4, or unlisted
vessels not cargoes that
engaged in would otherwise
trade.\7\ be subject to
(ii) All vessels these parts.\12\
<100 gross tons
that--.
[[Page 2171]]
(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\
--------------------------------------------------------------------------------------------------------------------------------------------------------
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:
[[Page 2172]]
\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 through
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 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. In Sec. 70.05-1, Table 70.05-1(a) is revised 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 Vessels inspected Vessels subject to
Vessels inspected under Subchapter and certificated Vessels subject to Vessels subject to the provisions of
Method of propulsion, qualified and certificated H--Passenger under Subchapter the provisions of the provisions of Subchapter O--
by size or other limitation \1\ under Subchapter Vessels 2 3 4 5 or I--Cargo and Subchapter C-- Subchapter U-- Certain Bulk and
D--Tank Vessels Subchapter K or T-- Miscellaneous Uninspected Ocean-ographic Dangerous Cargoes
\2\ Small Passenger Vessels 2 5 Vessels 2 3 6 7 8 Vessels 2 3 6 7 9 \10\
Vessels 2 3 4
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 gross tons covered by carrying cargoes
gross tons. combustible or than 12 carrying freight- columns 2, 3, 4, in bulk that are
flammable liquid passengers on an for-hire, except and 6. listed in part
cargo in bulk.\5\ international those covered by 153, table 1, or
voyage, except columns 2 and 3. part 154, table
recreational All vessels 4, or unlisted
vessels not carrying cargoes that
engaged in dangerous would otherwise
trade.\7\ cargoes, when be subject to
(ii) All vessels required by 46 these parts.\12\
<100 gross tons CFR part 98.
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.
[[Page 2173]]
(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 All vessels, All vessels not All vessels All vessels
vessels >=300 gross tons. carrying carrying more including covered by engaged in carrying cargoes
combustible or than 12 recreational columns 2, 3, 4, oceanographic in bulk that are
flammable liquid passengers on an vessels, not 6, and 7. research. listed in part
cargo in bulk.\5\ international engaged in trade. 153, table 1, or
voyage, except This does not part 154, table
recreational include vessels 4, or unlisted
vessels not covered by cargoes that
engaged in columns 2 and 3, would otherwise
trade.\7\ and vessels be subject to
(ii) All ferries engaged in the these parts.\12\
<100 gross tons fishing industry.
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..
[[Page 2174]]
(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 All manned barges All barges None.............. All tank barges
<100 gross tons. carrying that-- except those carrying carrying cargoes
combustible or (A) Carry more covered by passengers or listed in Table
flammable liquid than 6 passengers- columns 2 and 3. passengers-for- 151.05 of this
cargo in bulk.\5\ for-hire whether hire except those chapter or
chartered or not, covered by column unlisted cargoes
or. 3. that would
(B) Carry more otherwise be
than 6 passengers subject to part
when chartered 151.1 11 12
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..
(4) Non-self-propelled vessels All vessels (iii) All vessels All seagoing All barges All seagoing All tank barges
100 gross tons. carrying that-- barges except a carrying barges engaged in carrying cargoes
combustible or (A) Carry more seagoing barge passengers or oceanographic listed in Table
flammable liquid than 12 that is covered passengers-for- research. 151.05 of this
cargo in bulk.\5\ passengers-for- by column 2 or 3, hire except those chapter or
hire whether or that is covered by unlisted cargoes
chartered or not, unmanned for the columns 3 and 6. that would
or. purposes of otherwise be
(B) Carry more operating or subject to part
than 12 navigating the 151.1 11 12
passengers when barge, and that
chartered with carries neither a
the crew hazardous
provided, or. material as cargo
(C) Carry more nor a flammable
than 12 or combustible
passengers when liquid, including
chartered with no oil, in bulk
crew provided, or. quantities of 250
(D) Carry at least barrels or more.
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 2175]]
(5) Sail \13\ vessels <=700 All vessels (i) All vessels All vessels All vessels not None.............. All vessels
gross tons. carrying carrying more carrying covered by carrying cargoes
combustible or than 12 dangerous columns 2, 3, 4, in bulk that are
flammable liquid passengers on an cargoes, when and 6. listed in part
cargo in bulk.\5\ international required by 46 153, table 1, or
voyage, except CFR part 98. part 154, table
recreational 4, or unlisted
vessels not cargoes that
engaged in would otherwise
trade.\7\ be subject to
(ii) All vessels these parts.\12\
<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.
[[Page 2176]]
(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 gross All vessels (i) All vessels All vessels None.............. None.............. All vessels
tons. carrying carrying carrying carrying cargoes
combustible or passengers or dangerous in bulk that are
flammable liquid passengers-for- cargoes, when listed in part
cargo in bulk.\5\ hire, except required by 46 153, table 1, or
recreational CFR part 98. part 154, table
vessels.\7\ 4, or unlisted
(ii) All ferries cargoes that
that carry at would otherwise
least 1 be subject to
passenger.. these parts.\12\
(7) Steam, vessels <=19.8 meters All vessels (i) All vessels All tugboats and All vessels not None.............. All vessels
(65 feet) in length. carrying carrying more towboats. All covered by carrying cargoes
combustible or than 12 vessels carrying columns 2, 3, 4, in bulk that are
flammable liquid passengers on an dangerous and 6. listed in part
cargo in bulk.\5\ international cargoes, when 153, table 1, or
voyage, except required by 46 part 154, table
recreational CFR part 98. 4, or unlisted
vessels not cargoes that
engaged in would otherwise
trade.\7\ be subject to
(ii) All vessels these parts.\12\
<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
[[Page 2177]]
(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\
(8) 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 covered by engaged in carrying cargoes
combustible or than 12 columns 2, 3, 6, oceanographic in bulk that are
flammable liquid passengers on an and 7. research. listed in part
cargo in bulk.\5\ international 153, table 1, or
voyage, except part 154, table
recreational 4, or unlisted
vessels not cargoes that
engaged in would otherwise
trade.\7\ be subject to
(ii) All vessels these parts.\12\
<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
[[Page 2178]]
(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 through
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 2179]]
* * * * *
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. In Sec. 90.05-1, Table 90.05-1(a) is revised to read as follows:
Sec. 90.05-1 Vessels subject to requirements of this subchapter.
(a) * * *
Table 90.05-1(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vessels inspected
and certificated Vessels inspected Vessels subject to
Vessels inspected under Subchapter and certificated Vessels subject to Vessels subject to the provisions of
Method of propulsion, qualified and certificated H--Passenger under Subchapter the provisions of the provisions of Subchapter O--
by size or other limitation \1\ under Subchapter Vessels 2 3 4 5 or I--Cargo and Subchapter C-- Subchapter U-- Certain Bulk and
D--Tank Vessels Subchapter K or T-- Miscellaneous Uninspected Oceanographic Dangerous Cargoes
\2\ Small Passenger Vessels 2 5 Vessels 2 3 6 7 8 Vessels 2 3 6 7 9 \10\
Vessels 2 3 4
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 gross tons. combustible or than 12 carrying freight- columns 2, 3, 4, in bulk that are
flammable liquid passengers on an for-hire, except and 6. listed in part
cargo in bulk.\5\ international those covered by 153, table 1, or
voyage, except columns 2 and 3. part 154, table
recreational All vessels 4, or unlisted
vessels not carrying cargoes that
engaged in dangerous would otherwise
trade.\7\ cargoes, when be subject to
(ii) All vessels required by 46 these parts.\12\
<100 gross tons CFR part 98.
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.
[[Page 2180]]
(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 engaged All vessels
vessels >300 gross tons. carrying carrying more including covered by in oceanographic carrying cargoes
combustible or than 12 recreational columns 2, 3, 4, research. in bulk that are
flammable liquid passengers on an vessels, not 6, and 7. listed in part
cargo in bulk.\5\ international engaged in trade. 153, table 1, or
voyage, except This does not part 154, table
recreational include vessels 4, or unlisted
vessels not covered by cargoes that
engaged in columns 2 and 3, would otherwise
trade.\7\ and vessels be subject to
(ii) All ferries engaged in the these parts.\12\
<100 gross tons fishing industry.
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\
(3) Non-self-propelled vessels All vessels (i) All vessels All manned barges All barges None............... All tank barges
<100 gross tons. carrying that-- except those carrying carrying cargoes
combustible or (A) Carry more covered by passengers or listed in Table
flammable liquid than 6 passengers- columns 2 and 3. passengers-for- 151.05 of this
cargo in bulk.\5\ for-hire whether hire except those chapter or
chartered or not, covered by column unlisted cargoes
or. 3. that would
(B) Carry more otherwise be
than 6 passengers subject to part
when chartered 151.1 11 12
with the crew
provided, or.
[[Page 2181]]
(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 seagoing All barges All seagoing barges All tank barges
>=100 gross tons. carrying that-- barges except a carrying engaged in carrying cargoes
combustible or (A) Carry more seagoing barge passengers or oceanographic listed in Table
flammable liquid than 12 that is covered passengers-for- research. 151.05 of this
cargo in bulk.\5\ passengers-for- by column 2 or 3, hire except those chapter or
hire whether or that is covered by unlisted cargoes
chartered or not, unmanned for the columns 3 and 6. that would
or. purposes of otherwise be
(B) Carry more operating or subject to part
than 12 navigating the 151.1 11 12
passengers when barge, and that
chartered with carries neither a
the crew hazardous
provided, or. material as cargo
(C) Carry more nor a flammable
than 12 or combustible
passengers when liquid, including
chartered with no oil, in bulk
crew provided, or. quantities of 250
(D) Carry at least barrels or more.
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 carrying covered by carrying cargoes
combustible or than 12 dangerous columns 2, 3, 4, in bulk that are
flammable liquid passengers on an cargoes, when and 6. listed in part
cargo in bulk.\5\ international required by 46 153, table 1, or
voyage, except CFR part 98. part 154, table
recreational 4, or unlisted
vessels not cargoes that
engaged in would otherwise
trade.\7\ be subject to
(ii) All vessels these parts.\12\
<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.
[[Page 2182]]
(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 carrying carrying cargoes
combustible or passengers or dangerous in bulk that are
flammable liquid passengers-for- cargoes, when listed in part
cargo in bulk.\5\ hire, except required by 46 153, table 1, or
recreational CFR part 9. part 154, table
vessels.\7\ 4, or unlisted
(ii) All ferries cargoes that
that carry at would otherwise
least 1 be subject to
passenger.. 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 towboats. All covered by carrying cargoes
combustible or than 12 vessels carrying columns 2, 3, 4, in bulk that are
flammable liquid passengers on an dangerous and 6. listed in part
cargo in bulk.\5\ international cargoes, when 153, table 1, or
voyage, except required by 46 part 154, table
recreational CFR part 98. 4, or unlisted
vessels not cargoes that
engaged in would otherwise
trade.\7\ be subject to
(ii) All vessels these parts.\12\
<100 gross tons
that--.
(A) Carry more
than 6 passengers-
for-hire whether
chartered or not,
or
[[Page 2183]]
(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 2184]]
(8) Steam, vessels >19.8 meters All vessels (i) All vessels All vessels not None. All vessels engaged All vessels
(65 feet) in length. carrying carrying more covered by in oceanographic carrying cargoes
combustible or than 12 columns 2, 3, 6, research. in bulk that are
flammable liquid passengers on an and 7. listed in part
cargo in bulk.\5\ international 153, table 1, or
voyage, except part 154, table
recreational 4, or unlisted
vessels not cargoes that
engaged in would otherwise
trade.\7\ be subject to
(ii) All vessels these parts.\12\
<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.
[[Page 2185]]
(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 through
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.
* * * * *
0
11. In Sec. 90.05-25, paragraph (a) is revised to read as follows:
Sec. 90.05-25 Seagoing barge.
(a) Each seagoing barge, as defined in 46 CFR 90.10-36, is subject
to inspection and certification; except that a seagoing barge is exempt
from those requirements if it is unmanned for the purposes of operating
or navigating the barge, and carries neither a hazardous material as
cargo nor a flammable or combustible liquid, including oil, in bulk
quantities of 250 barrels or more.
* * * * *
PART 91--INSPECTION AND CERTIFICATION
0
12. The authority citation for part 91 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3205, 3306, 3307; 46
U.S.C. Chapter 701; Executive Order 12234; 45 FR 58801; 3 CFR, 1980
Comp., p. 277; Executive Order 12777, 56 FR 54757, 3 CFR, 1991
Comp., p. 351; Department of Homeland Security Delegation No.
0170.1.
0
13. In Sec. 91.01-10, paragraph (c) is revised to read as follows:
Sec. 91.01-10 Period of validity for a Certificate of Inspection.
* * * * *
(c) The master or owner of a seagoing barge for which inspection
and certification is required by 46 CFR 90.05-25(a), or the master or
owner's agent, may apply for a certificate of inspection that is valid
for a specific period less than 5 years, or for a specific voyage. The
certificate will describe the conditions under which it is issued, and
will be endorsed as applying to an unmanned seagoing barge. Paragraph
(c) of this section applies if the seagoing barge-
(1) Makes a voyage beyond the Boundary Line for the sole purpose of
changing employment; or
(2) Makes a voyage beyond the Boundary Line only infrequently and
after doing so returns to its port of departure.
PART 188--GENERAL PROVISIONS
0
14. 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
15. In Sec. 188.05-1, Table 188.05-1(a), is revised to read as
follows:
Sec. 188.05-1 Vessels subject to requirements of this subchapter.
(a) * * *
[[Page 2186]]
Table 188.05-1(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vessels inspected
and certificated Vessels inspected Vessels subject to
Vessels inspected under Subchapter and certificated Vessels subject to Vessels subject to the provisions of
Method of propulsion, qualified and certificated H--Passenger under Subchapter the provisions of the provisions of Subchapter O--
by size or other limitation \1\ under Subchapter Vessels 2 3 4 5 or I--Cargo and Subchapter C-- Subchapter U-- Certain Bulk and
D--Tank Vessels Subchapter K or T-- Miscellaneous Uninspected Oceanographic Dangerous Cargoes
\2\ Small Passenger Vessels 2 5 Vessels 2 3 6 7 8 Vessels 2 3 6 7 9 10
Vessels 2 3 4
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 gross tons covered by carrying cargoes
gross tons. combustible or than 12 carrying freight- columns 2, 3, 4, in bulk that are
flammable liquid passengers on an for-hire, except and 6. listed in part
cargo in bulk.\5\ international those covered by 153, table 1, or
voyage, except columns 2 and 3. part 154, table
recreational All vessels 4, or unlisted
vessels not carrying cargoes that
engaged in dangerous would otherwise
trade.\7\ cargoes, when be subject to
(ii) All vessels required by 46 these parts.\12\
<100 gross tons CFR part 98.
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.
[[Page 2187]]
(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 engaged All vessels
vessels >=300 gross tons. carrying carrying more including covered by in oceanographic carrying cargoes
combustible or than 12 recreational columns 2, 3, 4, research. in bulk that are
flammable liquid passengers on an vessels, not 6, and 7. listed in part
cargo in bulk.\5\ international engaged in trade. 153, table 1, or
voyage, except This does not part 154, table
recreational include vessels 4, or unlisted
vessels not covered by cargoes that
engaged in columns 2 and 3, would otherwise
trade.\7\ and vessels be subject to
(ii) All ferries engaged in the these parts.\12\
<100 gross tons fishing industry.
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\
(3) Non-self-propelled vessels All vessels (i) All vessels All manned barges All barges None............... All tank barges
<100 gross tons. carrying that--(A) Carry except those carrying carrying cargoes
combustible or more than 6 covered by passengers or listed in Table
flammable liquid passengers-for- columns 2 and 3. passengers-for- 151.05 of this
cargo in bulk.\5\ hire whether hire except those chapter or
chartered or not, covered by column unlisted cargoes
or 3. that would
(B) Carry more otherwise be
than 6 passengers subject to part
when chartered 151.1 11 12
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\
[[Page 2188]]
(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 seagoing All barges All seagoing barges All tank barges
>=100 gross tons. carrying that-- barges except a carrying engaged in carrying cargoes
combustible or (A) Carry more seagoing barge passengers or oceanographic listed in Table
flammable liquid than 12 that is covered passengers-for- research. 151.05 of this
cargo in bulk.\5\ passengers-for- by column 2 or 3, hire except those chapter or
hire whether or that is covered by unlisted cargoes
chartered or not, unmanned for the columns 3 and 6. that would
or. purposes of otherwise be
(B) Carry more operating or subject to part
than 12 navigating the 151.1 11 12
passengers when barge, and that
chartered with carries neither a
the crew hazardous
provided, or. material as cargo
(C) Carry more nor a flammable
than 12 or combustible
passengers when liquid, including
chartered with no oil, in bulk
crew provided, or. quantities of 250
(D) Carry at least barrels or more.
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 carrying covered by carrying cargoes
combustible or than 12 dangerous columns 2, 3, 4, in bulk that are
flammable liquid passengers on an cargoes, when and 6. listed in part
cargo in bulk.\5\ international required by 46 153, table 1, or
voyage, except CFR part 98. part 154, table
recreational 4, or unlisted
vessels not cargoes that
engaged in would otherwise
trade.\7\ be subject to
(ii) All vessels these parts.\12\
<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
[[Page 2189]]
(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 carrying carrying cargoes
combustible or passengers or dangerous in bulk that are
flammable liquid passengers-for- cargoes, when listed in part
cargo in bulk.\5\ hire, except required by 46 153, table 1, or
recreational CFR part 98. part 154, table
vessels.\7\ 4, or unlisted
(ii) All ferries cargoes that
that carry at would otherwise
least 1 be subject to
passenger.. 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 towboats. All covered by carrying cargoes
combustible or than 12 vessels carrying columns 2, 3, 4, in bulk that are
flammable liquid passengers on an dangerous and 6. listed in part
cargo in bulk.\5\ international cargoes, when 153, table 1, or
voyage, except required by 46 part 154, table
recreational CFR part 98. 4, or unlisted
vessels not cargoes that
engaged in would otherwise
trade.\7\ be subject to
(ii) All vessels these parts.\12\
<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
[[Page 2190]]
(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 2191]]
(8) Steam, vessels >19.8 meters All vessels (i) All vessels All vessels not None.............. All vessels engaged All vessels
(65 feet) in length. carrying carrying more covered by in oceanographic carrying cargoes
combustible or than 12 columns 2, 3, 6, research. in bulk that are
flammable liquid passengers on an and 7. listed in part
cargo in bulk.\5\ international 153, table 1, or
voyage, except part 154, table
recreational 4, or unlisted
vessels not cargoes that
engaged in would otherwise
trade.\7\ be subject to
(ii) All vessels these parts.\12\
<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.
[[Page 2192]]
(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.
\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 through
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: November 16, 2012.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2012-30984 Filed 1-8-13; 8:45 am]
BILLING CODE 9110-04-P
