Seagoing Barges, 53285-53336 [2013-20351]

Download as PDF mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations public likely to result from disclosure: Whether disclosure of the requested information will contribute to ‘‘public understanding.’’ The disclosure must contribute to the understanding of a reasonably broad audience of persons interested in the subject as opposed to the individual understanding of the requester. A requester’s expertise in the subject area and ability and intention to effectively convey information to the public will be considered. A representative of the news media as defined in paragraph (b)(6) of this section will normally be presumed to satisfy this consideration. (iv) The significance of the contribution to public understanding: Whether disclosure is likely to contribute ‘‘significantly’’ to public understanding of government operations or activities. 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Disclosure VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 to data brokers or others who merely compile and market government information for direct economic return will not be presumed to primarily serve the public interest. (4) Where only some of the requested records satisfy the requirements for a waiver of fees, a waiver will be granted for those records. (5) Requests for the waiver or reduction of fees should address the factors listed in paragraphs (k)(2) and (3) of this section, insofar as they apply to each request. § 612.11 Other rights and services. Nothing in this part will be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under the FOIA. 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 http://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: PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 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 E:\FR\FM\29AUR1.SGM 29AUR1 53286 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES 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. VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 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. PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 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. E:\FR\FM\29AUR1.SGM 29AUR1 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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. mstockstill on DSK4VPTVN1PROD with RULES 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, VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 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. PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 53287 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 E:\FR\FM\29AUR1.SGM 29AUR1 53288 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 E:\FR\FM\29AUR1.SGM 29AUR1 mstockstill on DSK4VPTVN1PROD with RULES (1) Motor, all vessels except seagoing motor vessels ≥300 gross tons. VerDate Mar<15>2010 All vessels carrying combustible or flammable liquid cargo in bulk.5 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 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 E:\FR\FM\29AUR1.SGM 29AUR1 (2) Motor, seagoing motor vessels ≥300 gross tons. VerDate Mar<15>2010 All vessels carrying combustible or flammable liquid cargo in bulk.5 22:38 Aug 28, 2013 Jkt 229001 (iii) All vessels ≥100 gross tons that— (A) Carry more than 12 passengers-forhire whether chartered or not, or (B) Carry more than 12 passengers when chartered with the crew provided, or (C) Carry more than 12 passengers when chartered with no crew provided, or (D) Carry at least 1 passenger-for-hire and are submersible vessels.7 (E) Carry at least 1 passenger and are ferries. (iv) These regulations do not apply to— (A) Recreational 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 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 53290 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 29AUR1 mstockstill on DSK4VPTVN1PROD with RULES (3) Non-self-propelled vessels <100 gross tons. VerDate Mar<15>2010 All vessels carrying combustible or flammable liquid cargo in bulk.5 22:38 Aug 28, 2013 Jkt 229001 (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. PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 E:\FR\FM\29AUR1.SGM 29AUR1 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 (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 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 53292 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 53294 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 E:\FR\FM\29AUR1.SGM 29AUR1 mstockstill on DSK4VPTVN1PROD with RULES (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 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 53295 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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. VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1 53296 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 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 E:\FR\FM\29AUR1.SGM 29AUR1 mstockstill on DSK4VPTVN1PROD with RULES (1) Motor, all vessels except seagoing motor vessels ≥300 gross tons. VerDate Mar<15>2010 All vessels carrying combustible or flammable liquid cargo in bulk.5 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1 53298 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations TABLE 24.05–1(a)—Continued Method of propulsion, qualified by size or other limitation 1 Vessels inspected and certificated under Subchapter D—Tank Vessels 2 Vessels inspected and certificated under Subchapter H—Passenger Vessels 2 3 4 5 or Subchapter K or T— Small Passenger Vessels 2 3 4 Vessels inspected and certificated under Subchapter I— Cargo and Miscellaneous Vessels 2 5 Vessels subject to the provisions of Subchapter C— Uninspected Vessels.2 3 6 7 8 Vessels subject to the provisions of Subchapter U— Oceanographic Vessels 2 3 6 7 9 Vessels subject to the provisions of Subchapter O—Certain Bulk and Dangerous Cargoes 10 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 (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 E:\FR\FM\29AUR1.SGM 29AUR1 All vessels carrying combustible or flammable liquid cargo in bulk.5 (3) Non-self-propelled vessels <100 gross tons. mstockstill on DSK4VPTVN1PROD with RULES (2) Motor, seagoing motor vessels ≥300 gross tons. All vessels carrying combustible or flammable liquid cargo in bulk.5 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 53299 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 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 (E) Carry more than 12 passengers on an international voyage. (F) Carry more than 6 passengers and are ferries. (iii) All vessels that— (A) Carry more than 12 passengers-forhire whether chartered or not, or (B) Carry more than 12 passengers when chartered with the crew provided, or (C) Carry more than 12 passengers when chartered with no crew provided, or (D) Carry at least 1 passenger-for-hire and is a submersible vessel.7 (E) Carry more than 12 passengers on an international voyage. (F) Carry at least 1 passenger and are ferries. (i) All vessels carrying more than 12 passengers on an international voyage, except recreational vessels not engaged in trade.7 (ii) All vessels <100 gross tons that— (A) Carry more than 6 passengers-forhire whether chartered or not, or (B) Carry more than 6 passengers when chartered with the crew provided, or (C) Carry more than 12 passengers when chartered with no crew provided, or PO 00000 Frm 00063 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 E:\FR\FM\29AUR1.SGM 29AUR1 Fmt 4700 Sfmt 4700 53300 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 ........................ E:\FR\FM\29AUR1.SGM 29AUR1 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 53302 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations TABLE 24.05–1(a)—Continued Method of propulsion, qualified by size or other limitation 1 Vessels inspected and certificated under Subchapter D—Tank Vessels 2 Vessels inspected and certificated under Subchapter H—Passenger Vessels 2 3 4 5 or Subchapter K or T— Small Passenger Vessels 2 3 4 Vessels inspected and certificated under Subchapter I— Cargo and Miscellaneous Vessels 2 5 Vessels subject to the provisions of Subchapter C— Uninspected Vessels.2 3 6 7 8 Vessels subject to the provisions of Subchapter U— Oceanographic Vessels 2 3 6 7 9 Vessels subject to the provisions of Subchapter O—Certain Bulk and Dangerous Cargoes 10 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 All vessels 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 E:\FR\FM\29AUR1.SGM 29AUR1 mstockstill on DSK4VPTVN1PROD with RULES (8) Steam, vessels >19.8 meters (65 feet) in length. VerDate Mar<15>2010 All vessels carrying combustible or flammable liquid cargo in bulk.5 22:38 Aug 28, 2013 Jkt 229001 (D) Carry at least 1 passenger-for-hire and are submersible vessels.7 (E) Carry at least 1 passenger and are ferries. (iv) These regulations do not apply to— (A) Recreational vessels not engaged in trade. (B) Documented cargo or tank vessels issued a permit to carry 16 or fewer persons in addition to the crew. (C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons on the legitimate business of the vessel 6 in addition to the crew, as restricted by the definition of passenger.7 (i) All vessels carrying more than 12 passengers on an international voyage, except recreational vessels not engaged in trade.7 (ii) All 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 Frm 00066 Fmt 4700 Sfmt 4700 53303 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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. VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1 53304 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 E:\FR\FM\29AUR1.SGM 29AUR1 mstockstill on DSK4VPTVN1PROD with RULES (1) Motor, all vessels except seagoing motor vessels ≥300 gross tons. VerDate Mar<15>2010 All vessels carrying combustible or flammable liquid cargo in bulk.5 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1 53306 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 E:\FR\FM\29AUR1.SGM 29AUR1 All vessels carrying combustible or flammable liquid cargo in bulk.5 (3) Non-self-propelled vessels <100 gross tons. mstockstill on DSK4VPTVN1PROD with RULES (2) Motor, seagoing motor vessels ≥300 gross tons. All vessels carrying combustible or flammable liquid cargo in bulk.5 VerDate Mar<15>2010 23:18 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 53307 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 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 (E) Carry more than 12 passengers on an international voyage. (F) Carry more than 6 passengers and are ferries. (iii) All vessels that— (A) Carry more than 12 passengers-forhire whether chartered or not, or (B) Carry more than 12 passengers when chartered with the crew provided, or (C) Carry more than 12 passengers when chartered with no crew provided, or (D) Carry at least 1 passenger-for-hire and is a submersible vessel.7 (E) Carry more than 12 passengers on an international voyage. (F) Carry at least 1 passenger and are ferries. (i) All vessels carrying more than 12 passengers on an international voyage, except recreational vessels not engaged in trade.7 (ii) All vessels <100 gross tons that— (A) Carry more than 6 passengers-forhire whether chartered or not, or (B) Carry more than 6 passengers when chartered with the crew provided, or (C) Carry more than 12 passengers when chartered with no crew provided, or PO 00000 Frm 00071 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 E:\FR\FM\29AUR1.SGM 29AUR1 Fmt 4700 Sfmt 4700 53308 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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. ....................... E:\FR\FM\29AUR1.SGM 29AUR1 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 53310 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 E:\FR\FM\29AUR1.SGM 29AUR1 mstockstill on DSK4VPTVN1PROD with RULES (8) Steam, vessels >19.8 meters (65 feet) in length. VerDate Mar<15>2010 All vessels carrying combustible or flammable liquid cargo in bulk.5 22:38 Aug 28, 2013 Jkt 229001 (D) Carry at least 1 passenger-for-hire and are submersible vessels.7 (E) Carry at least 1 passenger and are ferries. (iv) These regulations do not apply to— (A) Recreational vessels not engaged in trade. (B) Documented cargo or tank vessels issued a permit to carry 16 or fewer persons in addition to the crew. (C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons on the legitimate business of the vessel 6 in addition to the crew, as restricted by the definition of passenger.7 (i) All vessels carrying more than 12 passengers on an international voyage, except recreational vessels not engaged in trade.7 (ii) All 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 Frm 00074 Fmt 4700 Sfmt 4700 53311 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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. VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1 53312 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 E:\FR\FM\29AUR1.SGM 29AUR1 mstockstill on DSK4VPTVN1PROD with RULES (1) Motor, all vessels except seagoing motor vessels ≥300 gross tons. VerDate Mar<15>2010 All vessels carrying combustible or flammable liquid cargo in bulk.5 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00076 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 Fmt 4700 Sfmt 4700 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00077 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1 53314 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 E:\FR\FM\29AUR1.SGM 29AUR1 All vessels carrying combustible or flammable liquid cargo in bulk.5 (3) Non-self-propelled vessels <100 gross tons. mstockstill on DSK4VPTVN1PROD with RULES (2) Motor, seagoing motor vessels ≥300 gross tons. All vessels carrying combustible or flammable liquid cargo in bulk.5 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 (E) Carry more than 12 passengers on an international voyage (F) Carry more than 6 passengers and are ferries. (iii) All vessels that— (A) Carry more than 12 passengers-forhire whether chartered or not, or (B) Carry more than 12 passengers when chartered with the crew provided, or (C) Carry more than 12 passengers when chartered with no crew provided, or (D) Carry at least 1 passenger-for-hire and is a submersible vessel.7 (E) Carry more than 12 passengers on an international voyage. (F) Carry at least 1 passenger and are ferries. (i) All vessels carrying more than 12 passengers on an international voyage, except recreational vessels not engaged in trade.7 (ii) All vessels <100 gross tons that— (A) Carry more than 6 passengers-forhire whether chartered or not, or (B) Carry more than 6 passengers when chartered with the crew provided, or (C) Carry more than 12 passengers when chartered with no crew provided, or PO 00000 Frm 00079 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 E:\FR\FM\29AUR1.SGM 29AUR1 Fmt 4700 Sfmt 4700 53316 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00080 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 ........................ E:\FR\FM\29AUR1.SGM 29AUR1 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00081 Fmt 4700 Sfmt 4700 53318 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 E:\FR\FM\29AUR1.SGM 29AUR1 mstockstill on DSK4VPTVN1PROD with RULES (8) Steam, vessels >19.8 meters (65 feet) in length. VerDate Mar<15>2010 All vessels carrying combustible or flammable liquid cargo in bulk.5 23:18 Aug 28, 2013 Jkt 229001 (D) Carry at least 1 passenger-for-hire and are submersible vessels.7 (E) Carry at least 1 passenger and are ferries. (iv) These regulations do not apply to— (A) Recreational vessels not engaged in trade. (B) Documented cargo or tank vessels issued a permit to carry 16 or fewer persons in addition to the crew. (C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons on the legitimate business of the vessel 6 in addition to the crew, as restricted by the definition of passenger.7 (i) All vessels carrying more than 12 passengers on an international voyage, except recreational vessels not engaged in trade.7 (ii) All 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 Frm 00082 Fmt 4700 Sfmt 4700 53319 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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. VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00083 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1 53320 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 E:\FR\FM\29AUR1.SGM 29AUR1 mstockstill on DSK4VPTVN1PROD with RULES (1) Motor, all vessels except seagoing motor vessels ≥300 gross tons. VerDate Mar<15>2010 All vessels carrying combustible or flammable liquid cargo in bulk.5 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00084 Fmt 4700 Sfmt 4700 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 E:\FR\FM\29AUR1.SGM 29AUR1 (2) Motor, seagoing motor vessels ≥300 gross tons. VerDate Mar<15>2010 All vessels carrying combustible or flammable liquid cargo in bulk.5 23:18 Aug 28, 2013 Jkt 229001 (iii) All vessels ≥100 gross tons that— (A) Carry more than 12 passengers-forhire whether chartered or not, or (B) Carry more than 12 passengers when chartered with the crew provided, or (C) Carry more than 12 passengers when chartered with no crew provided, or (D) Carry at least 1 passenger-for-hire and are submersible 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 PO 00000 Frm 00085 Fmt 4700 Sfmt 4700 53322 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations TABLE 90.05–1(a)—Continued Method of propulsion, qualified by size or other limitation 1 Vessels inspected and certificated under Subchapter D—Tank Vessels 2 Vessels inspected and certificated under Subchapter H—Passenger 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 29AUR1 mstockstill on DSK4VPTVN1PROD with RULES (3) Non-self-propelled vessels <100 gross tons. VerDate Mar<15>2010 All vessels carrying combustible or flammable liquid cargo in bulk.5 23:18 Aug 28, 2013 Jkt 229001 (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 PO 00000 Frm 00086 Fmt 4700 Sfmt 4700 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 53323 TABLE 90.05–1(a)—Continued Method of propulsion, qualified by size or other limitation 1 Vessels inspected and certificated under Subchapter D—Tank Vessels 2 Vessels inspected and certificated under Subchapter H—Passenger Vessels 2 3 4 5 or Subchapter K or T— Small Passenger Vessels 2 3 4 Vessels inspected and certificated under Subchapter I— Cargo and Miscellaneous Vessels 2 5 Vessels subject to the provisions of Subchapter C— Uninspected Vessels 2 3 6 7 8 Vessels subject to the provisions of Subchapter U— Oceanographic Vessels 2 3 6 7 9 Vessels subject to the provisions of Subchapter O—Certain Bulk and Dangerous Cargoes 10 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 All vessels carrying combustible or flammable liquid cargo in bulk.5 (5) Sail 13 vessels ≤700 gross tons. mstockstill on DSK4VPTVN1PROD with RULES (4) Non-self-propelled vessels ≥100 gross tons. All vessels carrying combustible or flammable liquid cargo in bulk.5 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 (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 PO 00000 Frm 00087 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 E:\FR\FM\29AUR1.SGM 29AUR1 Fmt 4700 Sfmt 4700 53324 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00088 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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. 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 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 ........................ E:\FR\FM\29AUR1.SGM 29AUR1 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00089 Fmt 4700 Sfmt 4700 53326 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations TABLE 90.05–1(a)—Continued Method of propulsion, qualified by size or other limitation 1 Vessels inspected and certificated under Subchapter D—Tank Vessels 2 Vessels inspected and certificated under Subchapter H—Passenger 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 E:\FR\FM\29AUR1.SGM 29AUR1 mstockstill on DSK4VPTVN1PROD with RULES (8) Steam, vessels >19.8 meters (65 feet) in length. VerDate Mar<15>2010 All vessels carrying combustible or flammable liquid cargo in bulk.5 22:38 Aug 28, 2013 Jkt 229001 (D) Carry at least 1 passenger-for-hire and are submersible vessels 7 (E) Carry at least 1 passenger and are ferries. (iv) These regulations do not apply to— (A) Recreational vessels not engaged in trade (B) Documented cargo or tank vessels issued a permit to carry 16 or fewer persons in addition to the crew (C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons on the legitimate business of the vessel 6 in addition to the crew, as restricted by the definition of passenger.7 (i) All vessels carrying more than 12 passengers on an international voyage, except recreational vessels not engaged in trade.7 (ii) All 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 Frm 00090 Fmt 4700 Sfmt 4700 53327 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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. VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00091 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1 53328 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. 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 E:\FR\FM\29AUR1.SGM 29AUR1 mstockstill on DSK4VPTVN1PROD with RULES (1) Motor, all vessels except seagoing motor vessels ≥300 gross tons. VerDate Mar<15>2010 All vessels carrying combustible or flammable liquid cargo in bulk.5 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00092 Fmt 4700 Sfmt 4700 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00093 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1 53330 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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— mstockstill on DSK4VPTVN1PROD with RULES (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 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00094 Fmt 4700 Sfmt 4700 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 E:\FR\FM\29AUR1.SGM 29AUR1 All vessels carrying combustible or flammable liquid cargo in bulk.5 (4) Non-self-propelled vessels ≥100 gross tons. mstockstill on DSK4VPTVN1PROD with RULES (3) Non-self-propelled vessels <100 gross tons. All vessels carrying combustible or flammable liquid cargo in bulk5. VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00095 Fmt 4700 Sfmt 4700 53332 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 E:\FR\FM\29AUR1.SGM 29AUR1 Sail 13 mstockstill on DSK4VPTVN1PROD with RULES (5) vessels ≤700 gross tons. VerDate Mar<15>2010 All vessels carrying combustible or flammable liquid cargo in bulk.5 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00096 Fmt 4700 Sfmt 4700 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 E:\FR\FM\29AUR1.SGM 29AUR1 All vessels carrying combustible or flammable liquid cargo in bulk.5 (7) Steam, vessels ≤19.8 meters (65 feet) in length. mstockstill on DSK4VPTVN1PROD with RULES (6) Sail 13 vessels >700 gross tons. All vessels carrying combustible or flammable liquid cargo in bulk.5 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 (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 PO 00000 Frm 00097 Fmt 4700 Sfmt 4700 53334 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 (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 VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00098 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 E:\FR\FM\29AUR1.SGM 29AUR1 mstockstill on DSK4VPTVN1PROD with RULES (8) Steam, vessels >19.8 meters (65 feet) in length. VerDate Mar<15>2010 All vessels carrying combustible or flammable liquid cargo in bulk5. 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00099 Fmt 4700 Sfmt 4700 53336 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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: 22:38 Aug 28, 2013 Jkt 229001 PO 00000 Frm 00100 Fmt 4700 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 VerDate Mar<15>2010 Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1

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]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 2, 24, 30, 70, 90, 91, and 188

[Docket No. USCG-2011-0363]
RIN 1625-AC03 (formerly RIN 1625-AB71)


Seagoing Barges

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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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 http://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.
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[[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
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(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\
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Key to symbols used in this table: <= means less than or equal to; > means greater than; < means less than; and >= means greater than or equal to.
Footnotes:
\1\ Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight
  line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
\2\ Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W
  (Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171 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