Seagoing Barges, 53285-53336 [2013-20351]
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Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations
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Dated: August 23, 2013.
Lawrence Rudolph,
General Counsel.
53285
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. You may also
find this docket on the Internet by going
to https://www.regulations.gov, inserting
USCG–2011–0363 in the ‘‘Search’’ box,
and then clicking ‘‘Search.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this 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 the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
[FR Doc. 2013–21053 Filed 8–28–13; 8:45 am]
BILLING CODE 7555–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Parts 2, 24, 30, 70, 90, 91, and
188
[Docket No. USCG–2011–0363]
I. Abbreviations
II. Discussion
III. 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
RIN 1625–AC03 (formerly RIN 1625–AB71)
I. Abbreviations
Seagoing Barges
Coast Guard, DHS.
ACTION: Final rule.
AGENCY:
The Coast Guard is revising
several vessel inspection and
certification regulations to align them
with a statutory definition of ‘‘seagoing
barge’’ and with a statutory exemption
from inspection and certification
requirements for certain seagoing
barges. The 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.
SUMMARY:
This final rule is effective
September 30, 2013.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2011–0363 and are
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
DATES:
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CFR Code of Federal Regulations
DFR Direct final rule
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
U.S.C. United States Code
II. Discussion
The legal basis for this final rule 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
Department of Homeland Security
Delegation No. 0170.1 paragraph (92.b).
The purpose of this final rule is to
finalize 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
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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-selfpropelled 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, 46 CFR 90.05–25 and
91.01–10, continue to use the pre-1983
definition. This final rule amends both
sections so that they align with 46
U.S.C. 2101(32).
Second, in 1993, Congress added 46
U.S.C. 3302(m) to exempt a seagoing
barge from the general 46 U.S.C. 3301(6)
requirement for such barges to be Coast
Guard inspected and certificated, 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.’’ It is longestablished Coast Guard policy not to
require exempt seagoing barges to be
inspected or certificated. However,
some owners or operators of exempt
barges voluntarily request inspection
and certification, either unnecessarily
and because they are unaware of the
section 3302(m) exemption, or as a
rational business decision meant to
facilitate the barge’s anticipated nearterm use for non-exempt service. To
ensure that these voluntary requests are
made with full knowledge of the
exemption’s availability, this final rule
aligns regulatory language with section
3302(m) in eight Coast Guard
regulations: 46 CFR 90.05–25 and
91.01–10; and 46 CFR 2.01–7, 24.05–1,
30.01–5, 70.05–1, 90.05–1, and 188.05–
1, all of which contain tables that
summarize Coast Guard inspection and
certification requirements.
On December 14, 2011, the Coast
Guard published a direct final rule
(DFR) entitled ‘‘Seagoing Barges’’ (76 FR
77712). Following the receipt of an
1 33 U.S.C. 151(b) refers to ‘‘identifiable lines
dividing inland waters of the United States from the
high seas . . . [which] 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.’’ These lines are defined in 46
U.S.C. 103 as the ‘‘Boundary Line.’’ The locations
of the Boundary Line for different portions of the
U.S. coastline are defined in Coast Guard
regulations, 46 CFR part 7.
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adverse comment on the DFR and
pursuant to Coast Guard regulations, 33
CFR 1.05–55, we withdrew the DFR on
April 6, 2012 (77 FR 20727). On January
9, 2013, we published a notice of
proposed rulemaking (NPRM) entitled
‘‘Seagoing Barges’’ in the Federal
Register (78 FR 2148). It was
substantively identical to the DFR
except insofar as it was modified to
address the adverse comment. No public
meeting on the NPRM was requested
and none was held. All prior
publications were issued under RIN
1625–AB71.
Two persons commented on the
NPRM. The first commenter requested
expanding the scope of the rulemaking
to include barges operating on the Great
Lakes, and asked us to define what is a
‘‘manned seagoing barge.’’ We decline to
expand the limited aim of this
rulemaking, which applies only to
seagoing barges, which are defined in 46
U.S.C. 2101(32) as vessels that operate
beyond the Boundary Line. The
Boundary Line is set at varying
distances from the ocean-bound
coastline of the U.S. and does not
pertain to the Great Lakes. See Coast
Guard regulations in 46 CFR part 7. We
also decline to create a definition for a
manned seagoing barge because
determining when a seagoing barge is
‘‘manned’’ is a highly fact-specific
determination made by the local Coast
Guard Officer in Charge, Marine
Inspection. As discussed in the NPRM’s
preamble, 78 FR 2150, col. 1, that factspecific determination depends on
factors cited in 46 CFR 15.501(b): ‘‘the
applicable laws, the regulations in [46
CFR part 15], and other factors involved,
such as: Emergency situations, . . .
cargo carried, . . . degree of automation,
use of labor saving devices, and the
organizational structure of the vessel.’’
The second commenter requested
more detailed discussion in support of
our proposed definition of a seagoing
barge carrying flammable or
combustible liquid, including oil ‘‘in
bulk.’’ We are amending 46 CFR 90.05–
25(a) to define ‘‘in bulk’’ as a quantity
equivalent to at least 250 barrels (10,500
gallons). Some regulatory definition of
‘‘in bulk’’ is needed so that barge
operators know whether or not they are
subject to the 46 U.S.C. 3302(m)
exemption. The statute does not provide
that definition. However, as we pointed
out in the NPRM, 78 FR at 2150, col. 3,
Coast Guard policy set the bulk
threshold at 250 barrels in 1996. That
same policy has been in place without
public concern for almost two decades
and so the regulatory definition follows
current Coast Guard policy.
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III. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders (E.O.s) 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 rule is
not a significant regulatory action under
section 3(f) of E.O. 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
This final rule aligns 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).
As stated above, seagoing barges have
been exempt from inspection since
1996, as defined in 46 U.S.C. 3302(m).
In the Preliminary Regulatory Analysis
for the NPRM, we anticipated that there
would be no cost to implement this rule.
The benefit of this final rule is
eliminating regulatory ambiguity and
aligning regulatory language with that of
current statutes. We received no public
comments that would alter our
assessment of the impacts discussed in
the NPRM. We received no additional
information or data that would alter our
assessment of the impacts on industry;
therefore, we adopt the Preliminary
Regulatory Analysis for the NPRM as
final.
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B. Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this 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.
We received no public comments and
received no additional information or
data that would alter our assessment of
the impacts on small entities as
discussed in the NPRM. This final rule
will 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 finalizing
this rule will 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
final rule will not have a significant
economic impact on a substantial
number of small entities.
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C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking. 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 rule calls for no new 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 Executive Order 13132,
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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 of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132. A
summary of our analysis is provided
below.
It is well-settled that States may not
regulate in categories reserved for
regulation by the Coast Guard. It is also
well-settled, now, that all of the
categories covered in 46 U.S.C. 3306,
3703, 7101, and 8101 (design,
construction, alteration, repair,
maintenance, operation, equipping,
personnel qualification, and manning of
vessels), as well as the reporting of
casualties and any other category in
which Congress intended the Coast
Guard to be the sole source of a vessel’s
obligations, are within the field
foreclosed from regulation by the States.
(See the decision of the Supreme Court
in the consolidated cases of United
States v. Locke and Intertanko v. Locke,
529 U.S. 89, 120 S.Ct. 1135 (March 6,
2000).) As noted above, the purpose of
this rule is to eliminate existing
ambiguities in the regulations in order
to clarify how seagoing barges are
certificated and inspected. Because the
States may not regulate the process of
certification and inspection for
inspected seagoing barges, nor may they
regulate within the categories noted
above relating to these barges, the rule
is consistent with the principles of
federalism and preemption
requirements in Executive Order 13132.
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
G. Taking of Private Property
This rule will 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.
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H. Civil Justice Reform
This 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 rule under E.O.
13045, Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and does not create an
environmental risk to health or risk to
safety that may disproportionately affect
children.
J. Indian Tribal Governments
This rule does not have tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does 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 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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
M. Environment
We have analyzed this rule under
Department of Homeland Security
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Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have concluded
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This rule is
categorically excluded under section
2.B.2, figure 2–1, paragraph (34)(a) and
(d) of the Instruction. This rule involves
amendments to regulations which are
editorial or procedural and regulations
concerning documentation and
inspection of vessels. An environmental
analysis checklist and a categorical
exclusion determination are available in
the docket where indicated under
ADDRESSES.
List of Subjects
46 CFR Part 2
Incorporation by reference, Marine
safety, Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 24
For the reasons discussed in the
preamble, the Coast Guard amends 46
CFR parts 2, 24, 30, 70, 90, 91, and 188
as follows:
Marine safety.
46 CFR Part 30
Cargo vessels, Foreign relations,
Hazardous materials transportation,
Incorporation by reference, Penalties,
Reporting and recordkeeping
requirements, Seamen.
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.
46 CFR Part 70
Marine safety, Passenger vessels,
Reporting and recordkeeping
requirements.
46 CFR Part 90
2. In § 2.01–7, Table 2.01–7(a) is
revised to read as follows:
■
Cargo vessels, Marine safety.
46 CFR Part 91
§ 2.01–7 Classes of vessels (including
motorboats) examined or inspected and
certificated.
Cargo vessels, Marine safety,
Reporting and recordkeeping
requirements.
(a) * * *
46 CFR Part 188
Marine safety, Oceanographic
research vessels.
TABLE 2.01–7(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.
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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(1) Motor, all vessels
except seagoing
motor vessels ≥300
gross tons.
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All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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53289
TABLE 2.01–7(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
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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
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
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(2) Motor, seagoing
motor vessels ≥300
gross tons.
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(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
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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 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
E:\FR\FM\29AUR1.SGM
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(3) Non-self-propelled
vessels <100 gross
tons.
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(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 vessel6
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.
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53291
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
(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
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
(5) Sail 13 vessels
≤700 gross tons.
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(4) Non-self-propelled
vessels ≥100 gross
tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(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
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TABLE 2.01–7(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 RULES
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
(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 vessel6
in addition to
the crew, as
restricted by
the definition
of passenger.7
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53293
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
cargoes in bulk
that are listed in
part 153, Table 1,
or part 154, Table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying passengers
or passengers-forhire, except recreational vessels.7
(ii) All ferries that
carry at least 1
passenger.
All vessels carrying
dangerous cargoes, when required by 46 CFR
part 98.
None ........................
None ........................
(7) Steam, vessels
≤19.8 meters (65
feet) in length.
mstockstill on DSK4VPTVN1PROD with RULES
(6) Sail13 vessels >700
gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying more than 12
passengers on an
international voyage, except recreational vessels
not engaged in
trade.7
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 ........................
E:\FR\FM\29AUR1.SGM
29AUR1
(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
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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 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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(8) Steam, vessels
>19.8 meters (65
feet) in length.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(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
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TABLE 2.01–7(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 RULES
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
(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 vessel6
in addition to
the crew, as
restricted by
the definition
of passenger.7
Key to symbols used in this table: ≤ means less than or equal to; > means greater than; < means less than; and ≥ means greater than or equal to.
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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.
(a) * * *
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.
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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(1) Motor, all vessels
except seagoing
motor vessels ≥300
gross tons.
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combustible or
flammable liquid
cargo in bulk.5
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53297
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 RULES
(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 vessel6
in addition to
the crew, as
restricted by
the definition
of passenger.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
(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
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
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combustible or
flammable liquid
cargo in bulk.5
(3) Non-self-propelled
vessels <100 gross
tons.
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(2) Motor, seagoing
motor vessels ≥300
gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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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 RULES
(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
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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
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 RULES
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
(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 vessel6
in addition to
the crew, as
restricted by
the definition
of passenger.7
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53301
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
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying passengers
or passengers-forhire, except recreational vessels.7
(ii) All ferries that
carry at least 1
passenger.
All vessels carrying
dangerous cargoes, when required by 46 CFR
part 98.
None ........................
None ........................
(7) Steam, vessels
≤19.8 meters (65
feet) in length.
mstockstill on DSK4VPTVN1PROD with RULES
(6) Sail 13 vessels
>700 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(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 ........................
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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 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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(8) Steam, vessels
>19.8 meters (65
feet) in length.
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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
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TABLE 24.05–1(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 RULES
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
(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.
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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:
■
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.
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) * * *
*
*
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
Vessels2 3 4
Vessels inspected
and certificated
under Subchapter I—
Cargo and
Miscellaneous
Vessels2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels2 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.
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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(1) Motor, all vessels
except seagoing
motor vessels ≥300
gross tons.
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cargo in bulk.5
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53305
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
Vessels2 3 4
Vessels inspected
and certificated
under Subchapter I—
Cargo and
Miscellaneous
Vessels2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels2 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 RULES
(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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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
Vessels2 3 4
Vessels inspected
and certificated
under Subchapter I—
Cargo and
Miscellaneous
Vessels2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels2 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 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
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
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combustible or
flammable liquid
cargo in bulk.5
(3) Non-self-propelled
vessels <100 gross
tons.
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(2) Motor, seagoing
motor vessels ≥300
gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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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
Vessels2 3 4
Vessels inspected
and certificated
under Subchapter I—
Cargo and
Miscellaneous
Vessels2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels2 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 RULES
(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
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 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
Vessels2 3 4
Vessels inspected
and certificated
under Subchapter I—
Cargo and
Miscellaneous
Vessels2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels2 3 6 7 9
Vessels subject to
the provisions of
Subchapter
O—Certain Bulk
and Dangerous Cargoes 10
Column 1
mstockstill on DSK4VPTVN1PROD with RULES
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
(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
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53309
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
Vessels2 3 4
Vessels inspected
and certificated
under Subchapter I—
Cargo and
Miscellaneous
Vessels2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels2 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
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying passengers
or passengers-forhire, except recreational vessels.7
(ii) All ferries that
carry at least 1
passenger.
All vessels carrying
dangerous cargoes, when required by 46 CFR
part 98.
None ........................
None ........................
(7) Steam, vessels
≤19.8 meters (65
feet) in length.
mstockstill on DSK4VPTVN1PROD with RULES
(6) Sail 13 vessels
>700 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(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. .......................
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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
Vessels2 3 4
Vessels inspected
and certificated
under Subchapter I—
Cargo and
Miscellaneous
Vessels2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels2 3 6 7 9
Vessels subject to
the provisions of
Subchapter
O—Certain Bulk
and Dangerous Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
All vessels not covered by columns 2,
3, 6, and 7.
None ........................
All vessels engaged
in oceanographic
research.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
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(8) Steam, vessels
>19.8 meters (65
feet) in length.
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combustible or
flammable liquid
cargo in bulk.5
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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
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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
Vessels2 3 4
Vessels inspected
and certificated
under Subchapter I—
Cargo and
Miscellaneous
Vessels2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels2 3 6 7 9
Vessels subject to
the provisions of
Subchapter
O—Certain Bulk
and Dangerous Cargoes 10
Column 1
mstockstill on DSK4VPTVN1PROD with RULES
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
(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.
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Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations
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 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
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
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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(1) Motor, all vessels
except seagoing
motor vessels ≥300
gross tons.
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combustible or
flammable liquid
cargo in bulk.5
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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
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53313
TABLE 70.05—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 RULES
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
(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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TABLE 70.05—1(a)—Continued
Method of propulsion,
qualified by size or
other limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected
and certificated
under Subchapter
H—Passenger Vessels 2 3 4 5 or Subchapter K or T—
Small Passenger
Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter I—
Cargo and Miscellaneous Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—Certain Bulk and Dangerous Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(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
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
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combustible or
flammable liquid
cargo in bulk.5
(3) Non-self-propelled
vessels <100 gross
tons.
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(2) Motor, seagoing
motor vessels ≥300
gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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53315
TABLE 70.05—1(a)—Continued
Method of propulsion,
qualified by size or
other limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected
and certificated
under Subchapter
H—Passenger Vessels 2 3 4 5 or Subchapter K or T—
Small Passenger
Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter I—
Cargo and Miscellaneous Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—Certain Bulk and Dangerous Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(5) Sail 13 vessels
≤700 gross tons.
mstockstill on DSK4VPTVN1PROD with RULES
(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
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 70.05—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 RULES
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
(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
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53317
TABLE 70.05—1(a)—Continued
Method of propulsion,
qualified by size or
other limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected
and certificated
under Subchapter
H—Passenger Vessels 2 3 4 5 or Subchapter K or T—
Small Passenger
Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter I—
Cargo and Miscellaneous Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—Certain Bulk and Dangerous Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying passengers
or passengers-forhire, except recreational vessels.7
(ii) All ferries that
carry at least 1
passenger.
All vessels carrying
dangerous cargoes, when required by 46 CFR
part 98.
None ........................
None ........................
(7) Steam, vessels
≤19.8 meters (65
feet) in length.
mstockstill on DSK4VPTVN1PROD with RULES
(6) Sail 13 vessels
>700 gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(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 ........................
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TABLE 70.05—1(a)—Continued
Method of propulsion,
qualified by size or
other limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected
and certificated
under Subchapter
H—Passenger Vessels 2 3 4 5 or Subchapter K or T—
Small Passenger
Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter I—
Cargo and Miscellaneous Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—Certain Bulk and Dangerous Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
All vessels not covered by columns 2,
3, 6, and 7.
None ........................
All vessels engaged
in oceanographic
research.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
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(8) Steam, vessels
>19.8 meters (65
feet) in length.
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combustible or
flammable liquid
cargo in bulk.5
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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
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TABLE 70.05—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 RULES
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
(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 vessels7
(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.
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Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations
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 90—GENERAL PROVISIONS
9. The authority citation for part 90
continues to read as follows:
■
Authority: 46 U.S.C. 3306, 3703; Pub. L.
103–206, 107 Stat. 2439; 49 U.S.C. 5103,
5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland
Security Delegation No. 0170.1.
10. 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.
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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(1) Motor, all vessels
except seagoing
motor vessels ≥300
gross tons.
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combustible or
flammable liquid
cargo in bulk.5
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53321
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 RULES
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
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
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29AUR1
(2) Motor, seagoing
motor vessels ≥300
gross tons.
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combustible or
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cargo in bulk.5
23:18 Aug 28, 2013
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(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 vessels7
(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
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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 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
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(3) Non-self-propelled
vessels <100 gross
tons.
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23:18 Aug 28, 2013
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(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
(E) Carry more
than 12 passengers on an
international
voyage
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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.
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(4) Non-self-propelled
vessels ≥100 gross
tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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(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
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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 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 RULES
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
(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
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53325
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
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(i) All vessels carrying passengers
or passengers-forhire, except recreational vessels 7
(ii) All ferries that
carry at least 1
passenger.
All vessels carrying
dangerous cargoes, when required by 46 CFR
part 98.
None ........................
None ........................
(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
(i) All vessels carrying more than 12
passengers on an
international voyage, except recreational vessels
not engaged in
trade7
(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 ........................
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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 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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(8) Steam, vessels
>19.8 meters (65
feet) in length.
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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
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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 RULES
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
(D) Carry at
least 1 passenger-for-hire
and are submersible vessels7
(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.
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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:
■
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
3205, 3306, 3307; 46 U.S.C. Chapter 701;
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–
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) * * *
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
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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(1) Motor, all vessels
except seagoing
motor vessels ≥300
gross tons.
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cargo in bulk.5
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53329
TABLE 188.05–1(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 RULES
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
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TABLE 188.05–1(a)—Continued
Method of propulsion,
qualified by size or
other limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected
and certificated
under Subchapter
H—Passenger Vessels 2 3 4 5 or Subchapter K or T—
Small Passenger
Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter I—
Cargo and Miscellaneous Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—Certain Bulk and Dangerous Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
All vessels, including
recreational vessels, not engaged
in trade. This does
not include vessels
covered by columns 2 and 3, and
vessels engaged
in the fishing industry.
All vessels not covered by columns 2,
3, 4, 6, and 7.
All vessels engaged
in oceanographic
research.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
E:\FR\FM\29AUR1.SGM
29AUR1
(2) Motor, seagoing
motor vessels ≥300
gross tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(ii) All ferries <100
gross tons carrying
more than 6 passengers and all
ferries ≥100 gross
tons that carry at
least 1 passenger.
(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
(iii) These regulations do not apply
to—
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(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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53331
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 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 vessel7
(E) Carry more
than 12 passengers on an
international
voyage
(F) Carry at
least 1 passenger and
are ferries.
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 151.111.12
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All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
(4) Non-self-propelled
vessels ≥100 gross
tons.
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(3) Non-self-propelled
vessels <100 gross
tons.
All vessels carrying
combustible or
flammable liquid
cargo in bulk5.
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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 vessels7
(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 vessels7
(E) Carry at
least 1 passenger and
are ferries.
(iv) These regulations do not apply
to—
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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Sail 13
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(5)
vessels
≤700 gross tons.
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All vessels carrying
combustible or
flammable liquid
cargo in bulk.5
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53333
TABLE 188.05–1(a)—Continued
Method of propulsion,
qualified by size or
other limitation 1
Vessels inspected
and certificated
under Subchapter
D—Tank Vessels 2
Vessels inspected
and certificated
under Subchapter
H—Passenger Vessels 2 3 4 5 or Subchapter K or T—
Small Passenger
Vessels 2 3 4
Vessels inspected
and certificated
under Subchapter I—
Cargo and Miscellaneous Vessels 2 5
Vessels subject to
the provisions of
Subchapter C—
Uninspected
Vessels 2 3 6 7 8
Vessels subject to
the provisions of
Subchapter U—
Oceanographic
Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—Certain Bulk and Dangerous Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
All vessels carrying
dangerous cargoes, when required by 46 CFR
part 98.
None ........................
None ........................
All tugboats and
towboats. All vessels carrying dangerous cargoes,
when required by
46 CFR part 98.
All vessels not covered by columns 2,
3, 4, and 6.
None ........................
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
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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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(A) Recreational
vehicles not
engaged in
trade
(B) Documented
cargo or tank
vessels issued
a permit to
carry 16 or
fewer persons
in addition to
the crew
(C) Fishing vessels, not engaged in
ocean or
coastwise
service. Such
vessels may
carry persons
on the legitimate business
of the vessel 6
in addition to
the crew, as
restricted by
the definition
of passenger.7
(i) All vessels carrying passengers
or passengers-forhire, except recreational vessels.7
(ii) All ferries that
carry at least 1
passenger.
(i) All vessels carrying more than 12
passengers on an
international voyage, except recreational vessels
not engaged in
trade.7
(ii) All vessels <100
gross tons that—
(A) Carry more
than 6 passengers-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 vessels7
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TABLE 188.05–1(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
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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
(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 vessels7
(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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53335
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 vessels7
(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—
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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(8) Steam, vessels
>19.8 meters (65
feet) in length.
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combustible or
flammable liquid
cargo in bulk5.
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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
(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.
*
*
*
*
*
DEPARTMENT OF COMMERCE
mstockstill on DSK4VPTVN1PROD with RULES
Dated: August 12, 2013.
J.G. Lantz,
Director of Commercial Regulations and
Standards, U.S. Coast Guard.
[FR Doc. 2013–20351 Filed 8–28–13; 8:45 am]
National Oceanic and Atmospheric
Administration
[Docket No. 121024581–3714–02]
RIN 0648–BC71
List of Fisheries for 2013
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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The National Marine
Fisheries Service (NMFS) publishes its
final List of Fisheries (LOF) for 2013, as
required by the Marine Mammal
Protection Act (MMPA). The final LOF
for 2013 reflects new information on
interactions between commercial
fisheries and marine mammals. NMFS
must classify each commercial fishery
SUMMARY:
50 CFR Part 229
BILLING CODE 9110–04–P
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Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
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]]>Agencies
[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Rules and Regulations]
[Pages 53285-53336]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20351]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Parts 2, 24, 30, 70, 90, 91, and 188
[Docket No. USCG-2011-0363]
RIN 1625-AC03 (formerly RIN 1625-AB71)
Seagoing Barges
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising several vessel inspection and
certification regulations to align them with a statutory definition of
``seagoing barge'' and with a statutory exemption from inspection and
certification requirements for certain seagoing barges. The 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: This final rule is effective September 30, 2013.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0363 and are available for inspection or
copying at the 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, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet by going to https://www.regulations.gov,
inserting USCG-2011-0363 in the ``Search'' box, and then clicking
``Search.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this 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
the docket, call Barbara Hairston, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Discussion
III. 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. Abbreviations
CFR Code of Federal Regulations
DFR Direct final rule
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
U.S.C. United States Code
II. Discussion
The legal basis for this final rule 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 Department of
Homeland Security Delegation No. 0170.1 paragraph (92.b). The purpose
of this final rule is to finalize 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
[[Page 53286]]
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, 46 CFR 90.05-25 and 91.01-
10, continue to use the pre-1983 definition. This final rule amends
both sections so that they align with 46 U.S.C. 2101(32).
---------------------------------------------------------------------------
\1\ 33 U.S.C. 151(b) refers to ``identifiable lines dividing
inland waters of the United States from the high seas . . . [which]
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.''
These lines are defined in 46 U.S.C. 103 as the ``Boundary Line.''
The locations of the Boundary Line for different portions of the
U.S. coastline are defined in Coast Guard regulations, 46 CFR part
7.
---------------------------------------------------------------------------
Second, in 1993, Congress added 46 U.S.C. 3302(m) to exempt a
seagoing barge from the general 46 U.S.C. 3301(6) requirement for such
barges to be Coast Guard inspected and certificated, 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.'' It is long-established Coast Guard policy not to require exempt
seagoing barges to be inspected or certificated. However, some owners
or operators of exempt barges voluntarily request inspection and
certification, either unnecessarily and because they are unaware of the
section 3302(m) exemption, or as a rational business decision meant to
facilitate the barge's anticipated near-term use for non-exempt
service. To ensure that these voluntary requests are made with full
knowledge of the exemption's availability, this final rule aligns
regulatory language with section 3302(m) in eight Coast Guard
regulations: 46 CFR 90.05-25 and 91.01-10; and 46 CFR 2.01-7, 24.05-1,
30.01-5, 70.05-1, 90.05-1, and 188.05-1, all of which contain tables
that summarize Coast Guard inspection and certification requirements.
On December 14, 2011, the Coast Guard published a direct final rule
(DFR) entitled ``Seagoing Barges'' (76 FR 77712). Following the receipt
of an adverse comment on the DFR and pursuant to Coast Guard
regulations, 33 CFR 1.05-55, we withdrew the DFR on April 6, 2012 (77
FR 20727). On January 9, 2013, we published a notice of proposed
rulemaking (NPRM) entitled ``Seagoing Barges'' in the Federal Register
(78 FR 2148). It was substantively identical to the DFR except insofar
as it was modified to address the adverse comment. No public meeting on
the NPRM was requested and none was held. All prior publications were
issued under RIN 1625-AB71.
Two persons commented on the NPRM. The first commenter requested
expanding the scope of the rulemaking to include barges operating on
the Great Lakes, and asked us to define what is a ``manned seagoing
barge.'' We decline to expand the limited aim of this rulemaking, which
applies only to seagoing barges, which are defined in 46 U.S.C.
2101(32) as vessels that operate beyond the Boundary Line. The Boundary
Line is set at varying distances from the ocean-bound coastline of the
U.S. and does not pertain to the Great Lakes. See Coast Guard
regulations in 46 CFR part 7. We also decline to create a definition
for a manned seagoing barge because determining when a seagoing barge
is ``manned'' is a highly fact-specific determination made by the local
Coast Guard Officer in Charge, Marine Inspection. As discussed in the
NPRM's preamble, 78 FR 2150, col. 1, that fact-specific determination
depends on factors cited in 46 CFR 15.501(b): ``the applicable laws,
the regulations in [46 CFR part 15], and other factors involved, such
as: Emergency situations, . . . cargo carried, . . . degree of
automation, use of labor saving devices, and the organizational
structure of the vessel.''
The second commenter requested more detailed discussion in support
of our proposed definition of a seagoing barge carrying flammable or
combustible liquid, including oil ``in bulk.'' We are amending 46 CFR
90.05-25(a) to define ``in bulk'' as a quantity equivalent to at least
250 barrels (10,500 gallons). Some regulatory definition of ``in bulk''
is needed so that barge operators know whether or not they are subject
to the 46 U.S.C. 3302(m) exemption. The statute does not provide that
definition. However, as we pointed out in the NPRM, 78 FR at 2150, col.
3, Coast Guard policy set the bulk threshold at 250 barrels in 1996.
That same policy has been in place without public concern for almost
two decades and so the regulatory definition follows current Coast
Guard policy.
III. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) 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 rule is not a significant regulatory action
under section 3(f) of E.O. 12866, Regulatory Planning and Review, and
does not require an assessment of potential costs and benefits under
section 6(a)(3) of that Order. The Office of Management and Budget has
not reviewed it under that Order.
This final rule aligns 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).
As stated above, seagoing barges have been exempt from inspection
since 1996, as defined in 46 U.S.C. 3302(m). In the Preliminary
Regulatory Analysis for the NPRM, we anticipated that there would be no
cost to implement this rule. The benefit of this final rule is
eliminating regulatory ambiguity and aligning regulatory language with
that of current statutes. We received no public comments that would
alter our assessment of the impacts discussed in the NPRM. We received
no additional information or data that would alter our assessment of
the impacts on industry; therefore, we adopt the Preliminary Regulatory
Analysis for the NPRM as final.
[[Page 53287]]
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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.
We received no public comments and received no additional
information or data that would alter our assessment of the impacts on
small entities as discussed in the NPRM. This final rule will 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 finalizing this rule will
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
final rule will not have a significant economic impact on a substantial
number of small entities.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking. 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 rule calls for no new 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 Executive Order 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 of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. A summary of our analysis is provided below.
It is well-settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well-settled,
now, that all of the categories covered in 46 U.S.C. 3306, 3703, 7101,
and 8101 (design, construction, alteration, repair, maintenance,
operation, equipping, personnel qualification, and manning of vessels),
as well as the reporting of casualties and any other category in which
Congress intended the Coast Guard to be the sole source of a vessel's
obligations, are within the field foreclosed from regulation by the
States. (See the decision of the Supreme Court in the consolidated
cases of United States v. Locke and Intertanko v. Locke, 529 U.S. 89,
120 S.Ct. 1135 (March 6, 2000).) As noted above, the purpose of this
rule is to eliminate existing ambiguities in the regulations in order
to clarify how seagoing barges are certificated and inspected. Because
the States may not regulate the process of certification and inspection
for inspected seagoing barges, nor may they regulate within the
categories noted above relating to these barges, the rule is consistent
with the principles of federalism and preemption requirements in
Executive Order 13132.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule will 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 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 rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not create an environmental risk
to health or risk to safety that may disproportionately affect
children.
J. Indian Tribal Governments
This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
M. Environment
We have analyzed this rule under Department of Homeland Security
[[Page 53288]]
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have concluded that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded under section 2.B.2, figure 2-1,
paragraph (34)(a) and (d) of the Instruction. This rule involves
amendments to regulations which are editorial or procedural and
regulations concerning documentation and inspection of vessels. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects
46 CFR Part 2
Incorporation by reference, Marine safety, Reporting and
recordkeeping requirements, Vessels.
46 CFR Part 24
Marine safety.
46 CFR Part 30
Cargo vessels, Foreign relations, Hazardous materials
transportation, Incorporation by reference, 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 amends
46 CFR parts 2, 24, 30, 70, 90, 91, and 188 as follows:
PART 2--VESSEL INSPECTIONS
0
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.
0
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
under Subchapter Vessels inspected Vessels subject to Vessels subject to Vessels subject to
Vessels inspected H--Passenger and certificated the provisions of the provisions of the provisions of
Method of propulsion, qualified and certificated Vessels \2\ \3\ under Subchapter Subchapter C-- Subchapter U-- Subchapter O--
by size or other limitation \1\ under Subchapter \4\ \5\ or I--Cargo and Uninspected Oceanographic Certain Bulk and
D--Tank Vessels Subchapter K or T-- Miscellaneous Vessels. \2\ \3\ Vessels \2\ \3\ \6\ Dangerous Cargoes
\2\ Small Passenger Vessels \2\ \5\ \6\ \7\ \8\ \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.
[[Page 53289]]
(iii) All vessels
>=100 gross tons
that--
(A) Carry more
than 12
passengers-for-
hire whether
chartered or not,
or
(B) Carry more
than 12
passengers when
chartered with
the crew
provided, or
(C) Carry more
than 12
passengers when
chartered with no
crew provided, or
(D) Carry at least
1 passenger-for-
hire and are
submersible
vessels.\7\
(E) Carry at least
1 passenger and
are ferries.
(iv) These
regulations do
not apply to--
(A) Recreational
vessels not
engaged in trade.
(B) Documented
cargo or tank
vessels issued a
permit to carry
16 or fewer
persons in
addition to the
crew.
(C) Fishing
vessels not
engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate
business of the
vessel \6\ in
addition to the
crew, as
restricted by the
definition of
passenger.\7\
(2) Motor, seagoing motor All vessels (i) All vessels 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
engaged in the these parts.\12\
fishing industry.
[[Page 53290]]
(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\
(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.
[[Page 53291]]
(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
these parts.\12\
(ii) All vessels
<100 gross tons
that--
(A) Carry more
than 6 passengers-
for-hire whether
chartered or not,
or
(B) Carry more
than 6 passengers
when chartered
with the crew
provided, or
(C) Carry more
than 12
passengers when
chartered with no
crew provided, or
(D) Carry at least
1 passenger-for-
hire and are
submersible
vessels.\7\
[[Page 53292]]
(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\
[[Page 53293]]
(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 passenger. be subject to
these parts.\12\
(7) Steam, vessels <=19.8 All vessels (i) All vessels All tugboats and All vessels not None............... All vessels
meters (65 feet) in length. carrying carrying more 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
these parts.\12\
(ii) All vessels
<100 gross tons
that-
(A) Carry more
than 6 passengers-
for-hire whether
chartered or not,
or
(B) Carry more
than 6 passengers
when chartered
with the crew
provided, or
(C) Carry more
than 12
passengers when
chartered with no
crew provided, or
(D) Carry at least
1 passenger-for-
hire and are
submersible
vessels.\7\
(E) Carry more
than 6 passengers
and are ferries.
(iii) All vessels
>=100 gross tons
that-
(A) Carry more
than 12
passengers-for-
hire whether
chartered or not,
or
(B) Carry more
than 12
passengers when
chartered with
the crew
provided, or
(C) Carry more
than 12
passengers when
chartered with no
crew provided, or
[[Page 53294]]
(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 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
these parts.\12\
(ii) All vessels
<100 gross tons
that--
(A) Carry more
than 6 passengers-
for-hire whether
chartered or not,
or
(B) Carry more
than 6 passengers
when chartered
with the crew
provided, or
(C) Carry more
than 12
passengers when
chartered with no
crew provided, or
[[Page 53295]]
(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.
[[Page 53296]]
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) * * *
Table 24.05-1(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vessels inspected
and certificated
under Subchapter Vessels inspected Vessels subject to Vessels subject to Vessels subject to
Vessels inspected H--Passenger and certificated the provisions of the provisions of the provisions of
Method of propulsion, qualified and certificated Vessels \2\ \3\ under Subchapter Subchapter C-- Subchapter U-- Subchapter O--
by size or other limitation \1\ under Subchapter \4\ \5\ or I--Cargo and Uninspected Oceanographic Certain Bulk and
D--Tank Vessels Subchapter K or T-- Miscellaneous Vessels.\2\ \3\ Vessels \2\ \3\ \6\ Dangerous Cargoes
\2\ Small Passenger Vessels \2\ \5\ \6\ \7\ \8\ \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.
[[Page 53297]]
(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 53298]]
(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 53299]]
(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
barrels or more.
(D) Carry at least
1 passenger-for-
hire and is a
submersible
vessel.\7\
(E) Carry more
than 12
passengers on an
international
voyage.
(F) Carry at least
1 passenger and
are ferries.
(5) Sail \13\ vessels <=700 All vessels (i) All vessels All vessels All vessels not None............... All vessels
gross tons. carrying carrying more 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
[[Page 53300]]
(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\
[[Page 53301]]
(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
(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 53302]]
(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 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
[[Page 53303]]
(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.
[[Page 53304]]
\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) * * *
Table 30.01--5(d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 Miscellaneous Uninspected Oceanographic Dangerous Cargoes
\2\ T--Small Passenger Vessels2 5 Vessels2 3 6 7 8 Vessels2 3 6 7 9 \10\
Vessels2 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.
[[Page 53305]]
(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 53306]]
(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 53307]]
(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
[[Page 53308]]
(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\
[[Page 53309]]
(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 passenger. be subject to
these parts.\12\
(7) Steam, vessels <=19.8 All vessels (i) All vessels All tugboats and All vessels not None............... All vessels
meters (65 feet) in length. carrying carrying more 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 53310]]
(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 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
[[Page 53311]]
(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.
[[Page 53312]]
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 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 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\
[[Page 53313]]
(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 53314]]
(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 53315]]
(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
[[Page 53316]]
(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\
[[Page 53317]]
(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 passenger. be subject to
these parts.\12\
(7) Steam, vessels <=19.8 All vessels (i) All vessels All tugboats and All vessels not None............... All vessels
meters (65 feet) in length. carrying carrying more 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 53318]]
(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 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
[[Page 53319]]
(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.
[[Page 53320]]
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 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 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.
[[Page 53321]]
(iii) All vessels
>=100 gross tons
that--
(A) Carry more
than 12
passengers-for-
hire whether
chartered or not,
or
(B) Carry more
than 12
passengers when
chartered with
the crew
provided, or
(C) Carry more
than 12
passengers when
chartered with no
crew provided, or
(D) Carry at least
1 passenger-for-
hire and are
submersible
vessels\7\
(E) Carry at
least 1
passenger and
are ferries.
(iv) These
regulations do
not apply to--
(A)
Recreational
vessels not
engaged in
trade.
(B) Documented
cargo or tank
vessels issued
a permit to
carry 16 or
fewer persons
in addition to
the crew.
(C) Fishing
vessels not
engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate
business of the
vessel \6\ in
addition to the
crew, as
restricted by the
definition of
passenger.\7\
(2) Motor, seagoing motor All vessels (i) All vessels 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
engaged in the these parts.\12\
fishing industry.
[[Page 53322]]
(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\
(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
[[Page 53323]]
(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
barrels or more.
(D) Carry at least
1 passenger-for-
hire and is a
submersible
vessel \7\
(E) Carry more
than 12
passengers on an
international
voyage
(F) Carry at
least 1
passenger and
are ferries.
(5) Sail \13\ vessels <=700 All vessels (i) All vessels All vessels All vessels not None............... All vessels
gross tons. carrying carrying more 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\
[[Page 53324]]
(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\
[[Page 53325]]
(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 passenger. be subject to
these parts.\12\
(7) Steam, vessels <=19.8 All vessels (i) All vessels All tugboats and All vessels not None............... All vessels
meters (65 feet) in length. carrying carrying more 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 53326]]
(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 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
[[Page 53327]]
(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.
[[Page 53328]]
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) * * *
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
[[Page 53329]]
(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 53330]]
(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
engaged in the these parts.\12\
fishing industry.
(ii) All ferries (iii) These
<100 gross tons regulations do
carrying more not apply to--
than 6 passengers
and all ferries
>=100 gross tons
that carry at
least 1
passenger.
(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 53331]]
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
(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 151.111.\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
barrels or more.
(D) Carry at least
1 passenger-for-
hire and is a
submersible
vessel\7\
(E) Carry more
than 12
passengers on an
international
voyage
(F) Carry at least
1 passenger and
are ferries.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 53332]]
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
(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--
[[Page 53333]]
(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
(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\
[[Page 53334]]
(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 53335]]
(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--
[[Page 53336]]
(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.
* * * * *
Dated: August 12, 2013.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2013-20351 Filed 8-28-13; 8:45 am]
BILLING CODE 9110-04-P
