[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Rules and Regulations]
[Pages 18929-18962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4762]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

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

[Docket No. USCG-2011-0363]
RIN 1625-AB71


Seagoing Barges

AGENCY: Coast Guard, DHS.

ACTION: Direct final rule; correction.

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SUMMARY: The United States Coast Guard published a direct final rule in 
the Federal Register on December 14, 2011 (76 FR 77712) revising 
regulations for the inspection and certification of seagoing barges to 
align with the language of the applicable statues. That document 
inadvertently transposed the titles of two tables in our amendatory 
instructions. Additionally, the Coast Guard is republishing the vessel 
inspection tables that rule amends in their entirety, so that the 
format of the tables is consistent with current Federal Register format 
requirements.

DATES: Effective April 12, 2012.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Doug Tindall, United States Coast Guard; 
telephone (202) 372-1411, email <a href="/cdn-cgi/l/email-protection#a1e5ced4c6cdc0d28ff5c8cfc5c0cdcde1d4d2c2c68fccc8cd"><span class="__cf_email__" data-cfemail="d296bda7b5beb3a1fc86bbbcb6b3bebe92a7a1b1b5fcbfbbbe">[email protected]</span></a>. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: The direct final rule published December 14, 
2011 (76 FR 77712) amends row 4, column 4 of Tables 2.01-7(a), 24.05-
1(a), 30.01-5(d), 70.05-1(a), 90.05-1(a), and 188.05-1(a) as 
republished in this correcting amendment. The Coast Guard is 
republishing the tables so that the format of the tables conforms to 
current Federal Register requirements. This correcting amendment makes 
no substantive changes to the tables.
    Additionally, this correcting amendment corrects the amendatory 
instructions of the direct final rule wherein the titles of tables 
``24.05-1(a)'' and ``30.01-5(d)'' were mistakenly transposed as 
``24.01-5(a)'' and ``30.05-1(d)'' respectively.

List of Subjects

46 CFR Part 2

    Marine safety, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 24

    Marine safety.

46 CFR Part 30

    Cargo vessels, Foreign relations, Hazardous materials 
transportation, Penalties, Reporting and recordkeeping requirements, 
Seamen.

46 CFR Part 70

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 90

    Cargo vessels, Marine safety.

46 CFR Part 188

    Marine safety, Oceanographic research vessels.

    Accordingly, 46 CFR parts 2, 24, 30, 70, 90, and 188 are corrected 
by making the following correcting amendments:

PART 2--VESSEL INSPECTIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2110, 3103, 
3205, 3306, 3307, 3703; 46 U.S.C. Chapter 701; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1. Subpart 2.45 also issued under the Act Dec. 
27, 1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. 
Note prec. 1).


0
2. Revise Table 2.01-7(a) in Sec.  2.01-7(a) to read as follows:


Sec.  2.01-7  Classes of vessels (including motorboats) examined or 
inspected and certificated.

    (a) * * *

[[Page 18930]]



                                                                     Table 2.01-7(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Vessels inspected and
                                                       certificated under    Vessels inspected                                          Vessels subject
                                  Vessels inspected      Subchapter H--      and certificated    Vessels subject   Vessels subject to  to the provisions
Method of propulsion, qualified   and certificated   Passenger Vessels 2 3   under Subchapter   to the provisions   the provisions of  of Subchapter O--
by size or other limitation \1\   under Subchapter    4 5 or Subchapter K      I--Cargo and     of Subchapter C--    Subchapter U--     Certain Bulk and
                                   D--Tank Vessels   or T--Small Passenger     Miscellaneous       Uninspected        Oceanographic    Dangerous Cargoes
                                         \2\             Vessels 2 3 4          Vessels 2 5     Vessels 2 3 6 7 8   Vessels 2 3 6 7 9         \10\
 
Column 1                         Column 2..........  Column 3.............  Column 4..........  Column 5.........  Column 6..........  Column 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Motor, all vessels except    All vessels         (i) All vessels        All vessels >15     All vessels not    None..............  All vessels
 seagoing motor vessels >300      carrying            carrying more than     gross tons          covered by                             carrying cargoes
 gross tons.                      combustible or      12 passengers on an    carrying freight-   columns 2, 3, 4,                       in bulk that are
                                  flammable liquid    international          for-hire, except    and 6.                                 listed in part
                                  cargo in bulk.\5\   voyage, except         those covered by                                           153, table 1, or
                                                      recreational vessels   columns 2 and 3.                                           part 154, table
                                                      not engaged in         All vessels                                                4, or unlisted
                                                      trade.\7\              carrying                                                   cargoes that
                                                     (ii) All vessels <100   dangerous                                                  would otherwise
                                                      gross tons that--.     cargoes, when                                              be subject to
                                                     (A) Carry more than 6   required by 46                                             these parts.\12\
                                                      passengers-for-hire    CFR part 98.
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries..
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vessels not engaged
                                                      in trade.
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.

[[Page 18931]]

 
(2) Motor, seagoing motor        All vessels         (i) All vessels        All vessels,        All vessels not    All vessels         All vessels
 vessels >=300 gross tons.        carrying            carrying more than     including           covered by         engaged in          carrying cargoes
                                  combustible or      12 passengers on an    recreational        columns 2, 3, 4,   oceanographic       in bulk that are
                                  flammable liquid    international          vessels, not        6, and 7.          research.           listed in part
                                  cargo in bulk.\5\   voyage, except         engaged in trade.                                          153, table 1, or
                                                      recreational vessels   This does not                                              part 154, table
                                                      not engaged in         include vessels                                            4, or unlisted
                                                      trade.\7\              covered by                                                 cargoes that
                                                     (ii) All ferries <100   columns 2 and 3,                                           would otherwise
                                                      gross tons carrying    and vessels                                                be subject to
                                                      more than 6            engaged in the                                             these parts.\12\
                                                      passengers and all     fishing industry.
                                                      ferries >=100 gross
                                                      tons that carry at
                                                      least 1 passenger..
                                                     (iii) These
                                                      regulations do not
                                                      apply to--.
                                                     (A) Recreational
                                                      vessels not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise service
                                                      may carry persons on
                                                      the legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
(3) Non-self-propelled vessels   All vessels         (i) All vessels that-- All seagoing        All barges         None..............  All tank barges
 <100 gross tons.                 carrying                                   barges except       carrying                               carrying cargoes
                                  combustible or     (A) Carry more than 6   those covered by    passengers or                          listed in Table
                                  flammable liquid    passengers-for-hire    columns 2 and 3.    passengers-for-                        151.05 of this
                                  cargo in bulk.\5\   whether chartered or                       hire except                            chapter or
                                                      not, or.                                   those covered by                       unlisted cargoes
                                                     (B) Carry more than 6                       column 3.                              that would
                                                      passengers when                                                                   otherwise be
                                                      chartered with the                                                                subject to part
                                                      crew provided, or.                                                                151.1 11 12
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and is a submersible
                                                      vessel\7\.
                                                     (E) Carry more than
                                                      12 passengers on an
                                                      international
                                                      voyage..
                                                     (F) Carry more than 6
                                                      passengers and are
                                                      ferries..
(4) Non-self-propelled vessels   All vessels         (iii) All vessels      All manned          All barges         All seagoing        All tank barges
 >=100 gross tons.                carrying            that--                 seagoing barges.    carrying           barges engaged in   carrying cargoes
                                  combustible or     (A) Carry more than                         passengers or      oceanographic       listed in Table
                                  flammable liquid    12 passengers-for-                         passengers-for-    research.           151.05 of this
                                  cargo in bulk.\5\   hire whether                               hire except                            chapter or
                                                      chartered or not, or.                      those covered by                       unlisted cargoes
                                                     (B) Carry more than                         columns 3 and 6.                       that would
                                                      12 passengers when                                                                otherwise be
                                                      chartered with the                                                                subject to part
                                                      crew provided, or.                                                                151 1 11.12
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and is a submersible
                                                      vessel \7\.
                                                     (E) Carry more than
                                                      12 passengers on an
                                                      international
                                                      voyage..
                                                     (F) Carry at least 1
                                                      passenger and are
                                                      ferries..

[[Page 18932]]

 
(5) Sail.\13\ vessels <=700      All vessels         (i) All vessels        All vessels         All vessels not    None..............  All vessels
 gross tons.                      carrying            carrying more than     carrying            covered by                             carrying cargoes
                                  combustible or      12 passengers on an    dangerous           columns 2, 3, 4,                       in bulk that are
                                  flammable liquid    international          cargoes, when       and 6.                                 listed in part
                                  cargo in bulk.\5\   voyage, except         required by 46                                             153, table 1, or
                                                      recreational vessels   CFR part 98.                                               part 154, table
                                                      not engaged in                                                                    4, or unlisted
                                                      trade.\7\                                                                         cargoes that
                                                     (ii) All vessels <100                                                              would otherwise
                                                      gross tons that--.                                                                be subject to
                                                     (A) Carry more than 6                                                              these parts.\12\
                                                      passengers-for-hire
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--.
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels \7\.
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries..
                                                     (iv) These
                                                      regulations do not
                                                      apply to--.
                                                     (A) Recreational
                                                      vehicles not engaged
                                                      in trade.
                                                     (B) Documented cargo(
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels,
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
(6) Sail.\13\ vessels >700       All vessels         (i) All vessels        All vessels         None.............  None..............  All vessels
 gross tons.                      carrying            carrying passengers    carrying                                                   carrying cargoes
                                  combustible or      or passengers-for-     dangerous                                                  in bulk that are
                                  flammable liquid    hire, except           cargoes, when                                              listed in part
                                  cargo in bulk \5\   recreational           required by 46                                             153, table 1, or
                                                      vessels.\7\            CFR part 98.                                               part 154, table
                                                     (ii) All ferries that                                                              4, or unlisted
                                                      carry at least 1                                                                  cargoes that
                                                      passenger..                                                                       would otherwise
                                                                                                                                        be subject to
                                                                                                                                        these parts.\12\

[[Page 18933]]

 
(7) Steam, vessels <=19.8        All vessels         (i) All vessels        All tugboats and    All vessels not    None..............  All vessels
 meters (65 feet) in length.      carrying            carrying more than     towboats. All       covered by                             carrying cargoes
                                  combustible or      12 passengers on an    vessels carrying    columns 2, 3, 4,                       in bulk that are
                                  flammable liquid    international          dangerous           and 6.                                 listed in part
                                  cargo in bulk.\5\   voyage, except         cargoes, when                                              153, table 1, or
                                                      recreational vessels   required by 46                                             part 154, table
                                                      not engaged in         CFR part 98.                                               4, or unlisted
                                                      trade.\7\                                                                         cargoes that
                                                     (ii) All vessels <100                                                              would otherwise
                                                      gross tons that--.                                                                be subject to
                                                     (A) Carry more than 6                                                              these parts.\12\
                                                      passengers-for-hire
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--.
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or.
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries..
                                                     (iv) These
                                                      regulations do not
                                                      apply to--.
                                                     (A) Recreational
                                                      vessels not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.

[[Page 18934]]

 
(7) Steam, vessels >19.8 meters  All vessels         (i) All vessels        All vessels not     None.............  All vessels         All vessels
 (65 feet) in length.             carrying            carrying more than     covered by                             engaged in          carrying cargoes
                                  combustible or      12 passengers on an    columns 2, 3, 6,                       oceanographic       in bulk that are
                                  flammable liquid    international          and 7.                                 research.           listed in part
                                  cargo in bulk.\5\   voyage, except                                                                    153, table 1, or
                                                      recreational vessels                                                              part 154, table
                                                      not engaged in                                                                    4, or unlisted
                                                      trade.\7\                                                                         cargoes that
                                                     (ii) All vessels <100                                                              would otherwise
                                                      gross tons that--.                                                                be subject to
                                                     (A) Carry more than 6                                                              these parts.\12\
                                                      passengers-for-hire
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--.
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or.
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels \7\.
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries..
                                                     (iv) These
                                                      regulations do not
                                                      apply to--.
                                                     (A) Recreational
                                                      vehicles not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key to symbols used in this table: <= means less than or equal to; > means greater than; < means less than; and >= means greater than or equal to.
Footnotes:
\1\ Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight
  line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
\2\ Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W
  (Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171-179 apply
  whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
\3\ Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical
  Schools) of this chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels)
  and part 168 of subchapter R (Nautical Schools) of this chapter.
\4\ Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this
  chapter covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels
  less than 100 gross tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
\5\ Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of
  the vessel is not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in
  bulk. The portion of the vessel used for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank
  Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
\6\ Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).

[[Page 18935]]

 
\7\ The terms ``passenger(s)'' and ``passenger(s)-for-hire'' are as defined in 46 U.S.C. 2101(21) (21a). On oceanographic vessels, scientific personnel
  onboard shall not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
\8\ Boilers and machinery are subject to examination on vessels over 40 feet in length.
\9\ Under 46 U.S.C. 441 an oceanographic research vessel ``* * * being employed exclusively in instruction in oceanography or limnology, or both, or
  exclusively in oceanographic research, * * *. Under 46 U.S.C. 443, ``an oceanographic research vessel shall not be deemed to be engaged in trade or
  commerce.'' If or when an oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an
  oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons
  employed in the business of the vessel.
\10\ Bulk dangerous cargoes are cargoes specified in table 151.01-10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
\11\ For manned tankbarges, see Sec.   151.01-10(c) of this chapter.
\12\ See Sec.   151.01-15, 153.900(d), or 154.30 of this chapter as appropriate.
\13\ Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.

PART 24--GENERAL PROVISIONS

0
3. The authority citation for part 24 continues to read as follows:

    Authority: 46 U.S.C. 2113, 3306, 4104, 4302; Pub. L. 103-206; 
107 Stat. 2439; E.O. 12234; 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
Department of Homeland Security Delegation No. 0170.1.



0
4. Revise Table 24.05-1(a) of Sec.  24.05-1(a) to read as follows:


Sec.  24.05-1  Vessels subject to the requirements of this subchapter.

    (a) * * *

                                                                    Table 24.05-1(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Vessels inspected and
                                                       certificated under    Vessels inspected                                          Vessels subject
                                  Vessels inspected      Subchapter H--      and certificated    Vessels subject   Vessels subject to  to the provisions
     Method of propulsion,        and certificated   Passenger Vessels 2 3   under Subchapter   to the provisions   the provisions of  of Subchapter O--
   qualified by size or other     under Subchapter    4 5 or Subchapter K      I--Cargo and     of Subchapter C--    Subchapter U--     Certain Bulk and
         limitation \1\           D--Tank  Vessels   or T--Small Passenger     Miscellaneous       Uninspected        Oceanographic    Dangerous Cargoes
                                         \2\             Vessels 2 3 4          Vessels 2 5     Vessels 2 3 6 7 8   Vessels 2 3 6 7 9         \10\
 
Column 1                         Column 2..........  Column 3.............  Column 4..........  Column 5.........  Column 6..........  Column 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Motor, all vessels except    All vessels         (i) All vessels        All vessels >15     All vessels not    None..............  All vessels
 seagoing motor vessels >=300     carrying            carrying more than     gross tons          covered by                             carrying cargoes
 gross tons.                      combustible or      12 passengers on an    carrying freight-   columns 2, 3, 4,                       in bulk that are
                                  flammable liquid    international          for-hire, except    and 6.                                 listed in part
                                  cargo in bulk.\5\   voyage, except         those covered by                                           153, table 1, or
                                                      recreational vessels   columns 2 and 3.                                           part 154, table
                                                      not engaged in         All vessels                                                4, or unlisted
                                                      trade.\7\              carrying                                                   cargoes that
                                                     (ii) All vessels <100   dangerous                                                  would otherwise
                                                      gross tons that--.     cargoes, when                                              be subject to
                                                     (A) Carry more than 6   required by 46                                             these parts.\12\
                                                      passengers-for-hire    CFR part 98.
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or.
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries..

[[Page 18936]]

 
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vessels not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
(2) Motor, seagoing motor        All vessels         (i) All vessels        All vessels,        All vessels not    All vessels         All vessels
 vessels >=300 gross tons.        carrying            carrying more than     including           covered by         engaged in          carrying cargoes
                                  combustible or      12 passengers on an    recreational        columns 2, 3, 4,   oceanographic       in bulk that are
                                  flammable liquid    international          vessels, not        6, and 7.          research.           listed in part
                                  cargo in bulk.\5\   voyage, except         engaged in trade.                                          153, table 1, or
                                                      recreational vessels   This does not                                              part 154, table
                                                      not engaged in         include vessels                                            4, or unlisted
                                                      trade.\7\              covered by                                                 cargoes that
                                                     (ii) All ferries <100   columns 2 and 3,                                           would otherwise
                                                      gross tons carrying    and vessels                                                be subject to
                                                      more than 6            engaged in the                                             these parts.\12\
                                                      passengers and all     fishing industry.
                                                      ferries >=100 gross
                                                      tons that carry at
                                                      least 1 passenger..
                                                     (iii) These
                                                      regulations do not
                                                      apply to--.
                                                     (A) Recreational
                                                      vessels not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise service
                                                      may carry persons on
                                                      the legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
(3) Non-self-propelled vessels   All vessels         (i) All vessels that-- All seagoing        All barges         None..............  All tank barges
 <100 gross tons.                 carrying                                   barges except       carrying                               carrying cargoes
                                  combustible or     (A) Carry more than 6   those covered by    passengers or                          listed in Table
                                  flammable liquid    passengers-for-hire    columns 2 and 3.    passengers-for-                        151.05 of this
                                  cargo in bulk.\5\   whether chartered or                       hire except                            chapter or
                                                      not, or.                                   those covered by                       unlisted cargoes
                                                     (B) Carry more than 6                       column 3.                              that would
                                                      passengers when                                                                   otherwise be
                                                      chartered with the                                                                subject to part
                                                      crew provided, or.                                                                151.1 11 12
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and is a submersible
                                                      vessel.\7\.
                                                     (E) Carry more than
                                                      12 passengers on an
                                                      international
                                                      voyage..
                                                     (F) Carry more than 6
                                                      passengers and are
                                                      ferries..

[[Page 18937]]

 
(4) Non-self-propelled vessels   All vessels         (iii) All vessels      All manned          All barges         All seagoing        All tank barges
 >=100 gross tons.                carrying            that--                 seagoing barges.    carrying           barges engaged in   carrying cargoes
                                  combustible or     (A) Carry more than                         passengers or      oceanographic       listed in Table
                                  flammable liquid    12 passengers-for-                         passengers-for-    research.           151.05 of this
                                  cargo in bulk.\5\   hire whether                               hire except                            chapter or
                                                      chartered or not, or.                      those covered by                       unlisted cargoes
                                                     (B) Carry more than                         columns 3 and 6.                       that would
                                                      12 passengers when                                                                otherwise be
                                                      chartered with the                                                                subject to part
                                                      crew provided, or.                                                                151.1 11 12
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and is a submersible
                                                      vessel.\7\.
                                                     (E) Carry more than
                                                      12 passengers on an
                                                      international
                                                      voyage..
                                                     (F) Carry at least 1
                                                      passenger and are
                                                      ferries..
(5) Sail.\13\ vessels <=700      All vessels         (i) All vessels        All vessels         All vessels not    None..............  All vessels
 gross tons.                      carrying            carrying more than     carrying            covered by                             carrying cargoes
                                  combustible or      12 passengers on an    dangerous           columns 2, 3, 4,                       in bulk that are
                                  flammable liquid    international          cargoes, when       and 6.                                 listed in part
                                  cargo in bulk.\5\   voyage, except         required by 46                                             153, table 1, or
                                                      recreational vessels   CFR part 98.                                               part 154, table
                                                      not engaged in                                                                    4, or unlisted
                                                      trade.\7\                                                                         cargoes that
                                                     (ii) All vessels <100                                                              would otherwise
                                                      gross tons that--.                                                                be subject to
                                                     (A) Carry more than 6                                                              these parts.\12\
                                                      passengers-for-hire
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or.
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries..

[[Page 18938]]

 
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vehicles not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels,
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
(6) Sail.\13\ vessels >700       All vessels         (i) All vessels        All vessels         None.............  None..............  All vessels
 gross tons.                      carrying            carrying passengers    carrying                                                   carrying cargoes
                                  combustible or      or passengers-for-     dangerous                                                  in bulk that are
                                  flammable liquid    hire, except           cargoes, when                                              listed in part
                                  cargo in bulk.\5\   recreational           required by 46                                             153, table 1, or
                                                      vessels.\7\            CFR part 98.                                               part 154, table
                                                     (ii) All ferries that                                                              4, or unlisted
                                                      carry at least 1                                                                  cargoes that
                                                      passenger..                                                                       would otherwise
                                                                                                                                        be subject to
                                                                                                                                        these parts.\12\
(7) Steam, vessels <=19.8        All vessels         (i) All vessels        All tugboats and    All vessels not    None..............  All vessels
 meters (65 feet) in length.      carrying            carrying more than     towboats. All       covered by                             carrying cargoes
                                  combustible or      12 passengers on an    vessels carrying    columns 2, 3, 4,                       in bulk that are
                                  flammable liquid    international          dangerous           and 6.                                 listed in part
                                  cargo in bulk.\5\   voyage, except         cargoes, when                                              153, table 1, or
                                                      recreational vessels   required by 46                                             part 154, table
                                                      not engaged in         CFR part 98.                                               4, or unlisted
                                                      trade.\7\                                                                         cargoes that
                                                     (ii) All vessels <100                                                              would otherwise
                                                      gross tons that--.                                                                be subject to
                                                     (A) Carry more than 6                                                              these parts.\12\
                                                      passengers-for-hire
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or.
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries..

[[Page 18939]]

 
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vessels not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
(7) Steam, vessels >19.8 meters  All vessels         (i) All vessels        All vessels not     None.............  All vessels         All vessels
 (65 feet) in length.             carrying            carrying more than     covered by                             engaged in          carrying cargoes
                                  combustible or      12 passengers on an    columns 2, 3, 6,                       oceanographic       in bulk that are
                                  flammable liquid    international          and 7.                                 research.           listed in part
                                  cargo in bulk.\5\   voyage, except                                                                    153, table 1, or
                                                      recreational vessels                                                              part 154, table
                                                      not engaged in                                                                    4, or unlisted
                                                      trade.\7\                                                                         cargoes that
                                                     (ii) All vessels <100                                                              would otherwise
                                                      gross tons that--.                                                                be subject to
                                                     (A) Carry more than 6                                                              these parts.\12\
                                                      passengers-for-hire
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or.
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries..

[[Page 18940]]

 
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vehicles not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key to symbols used in this table: <= means less than or equal to; > means greater than; < means less than; and >= means greater than or equal to.
Footnotes:
\1\ Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight
  line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
\2\ Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W
  (Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171-179 apply
  whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
\3\ Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical
  Schools) of this chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels)
  and part 168 of subchapter R (Nautical Schools) of this chapter.
\4\ Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this
  chapter covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels
  less than 100 gross tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
\5\ Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of
  the vessel is not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in
  bulk. The portion of the vessel used for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank
  Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
\6\ Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
\7\ The terms ``passenger(s)'' and ``passenger(s)-for-hire'' are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel
  onboard shall not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
\8\ Boilers and machinery are subject to examination on vessels over 40 feet in length.
\9\ Under 46 U.S.C. 441 an oceanographic research vessel ``* * * being employed exclusively in instruction in oceanography or limnology, or both, or
  exclusively in oceanographic research, * * * *. Under 46 U.S.C. 443, ``an oceanographic research vessel shall not be deemed to be engaged in trade or
  commerce.'' If or when an oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an
  oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons
  employed in the business of the vessel.
\10\ Bulk dangerous cargoes are cargoes specified in table 151.01-10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
\11\ For manned tankbarges, see Sec.   151.01-10(c) of this chapter.
\12\ See Sec.   151.01-15, 153.900(d), or 154.30 of this chapter as appropriate.
\13\ Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.

PART 30--GENERAL PROVISIONS

0
5. The authority citation for part 30 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107 
Stat. 2439; 49 U.S.C. 5103, 5106; Department of Homeland Security 
Delegation No. 0170.1; Section 30.01-2 also issued under the 
authority of 44 U.S.C. 3507; Section 30.01-05 also issued under the 
authority of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.



0
6. Revise Table 30.01-5(d) of Sec.  30.01-5 to read as follows:


Sec.  30.01-5  Application of regulations--TB/ALL.

* * * * *

[[Page 18941]]



                                                                    Table 30.01-5(d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Vessels inspected and
                                                       certificated under    Vessels inspected                                          Vessels subject
                                  Vessels inspected      Subchapter H--      and certificated    Vessels subject   Vessels subject to  to the provisions
Method of propulsion, qualified   and certificated   Passenger Vessels 2 3   under Subchapter   to the provisions   the provisions of  of Subchapter O--
by size or other limitation \1\   under Subchapter    4 5 or Subchapter K      I--Cargo and     of Subchapter C--    Subchapter U--     Certain Bulk and
                                  D--Tank  Vessels   or T--Small Passenger     Miscellaneous       Uninspected        Oceanographic    Dangerous Cargoes
                                         \2\             Vessels 2 3 4          Vessels 2 5     Vessels 2 3 6 7 8   Vessels 2 3 6 7 9         \10\
 
Column 1                         Column 2..........  Column 3.............  Column 4..........  Column 5.........  Column 6..........  Column 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Motor, all vessels except    All vessels         (i) All vessels        All vessels >15     All vessels not    None..............  All vessels
 seagoing motor vessels >=300     carrying            carrying more than     gross tons          covered by                             carrying cargoes
 gross tons.                      combustible or      12 passengers on an    carrying freight-   columns 2, 3, 4,                       in bulk that are
                                  flammable liquid    international          for-hire, except    and 6.                                 listed in part
                                  cargo in bulk.\5\   voyage, except         those covered by                                           153, table 1, or
                                                      recreational vessels   columns 2 and 3.                                           part 154, table
                                                      not engaged in         All vessels                                                4, or unlisted
                                                      trade.\7\              carrying                                                   cargoes that
                                                     (ii) All vessels <100   dangerous                                                  would otherwise
                                                      gross tons that--.     cargoes, when                                              be subject to
                                                     (A) Carry more than 6   required by 46                                             these parts.\12\
                                                      passengers-for-hire    CFR part 98.
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels \7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or.
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries..
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vessels not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
(2) Motor, seagoing motor        All vessels         (i) All vessels
 vessels >=300 gross tons.        carrying            carrying more than
                                  combustible or      12 passengers on an
                                  flammable liquid    international
                                  cargo in bulk.\5\   voyage, except
                                                      recreational vessels
                                                      not engaged in
                                                      trade.\7\
                                                     (ii) All ferries <100  All vessels,        All vessels not    All vessels         All vessels
                                                      gross tons carrying    including           covered by         engaged in          carrying cargoes
                                                      more than 6            recreational        columns 2, 3, 4,   oceanographic       in bulk that are
                                                      passengers and all     vessels, not        6, and 7.          research.           listed in part
                                                      ferries >=100 gross    engaged in trade.                                          153, table 1, or
                                                      tons that carry at     This does not                                              part 154, table
                                                      least 1 passenger.     include vessels                                            4, or unlisted
                                                                             covered by                                                 cargoes that
                                                                             columns 2 and 3,                                           would otherwise
                                                                             and vessels                                                be subject to
                                                                             engaged in the                                             these parts.\12\
                                                                             fishing industry.

[[Page 18942]]

 
                                                     (iii) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vessels not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise service
                                                      may carry persons on
                                                      the legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
(3) Non-self-propelled vessels   All vessels         (i) All vessels that-- All seagoing        All barges         None..............  All tank barges
 <100 gross tons.                 carrying                                   barges except       carrying                               carrying cargoes
                                  combustible or     (A) Carry more than 6   those covered by    passengers or                          listed in Table
                                  flammable liquid    passengers-for-hire    columns 2 and 3.    passengers-for-                        151.05 of this
                                  cargo in bulk.\5\   whether chartered or                       hire except                            chapter or
                                                      not, or.                                   those covered by                       unlisted cargoes
                                                     (B) Carry more than 6                       column 3.                              that would
                                                      passengers when                                                                   otherwise be
                                                      chartered with the                                                                subject to part
                                                      crew provided, or.                                                                151.1 11 12
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and is a submersible
                                                      vessel.\7\.
                                                     (E) Carry more than
                                                      12 passengers on an
                                                      international
                                                      voyage..
                                                     (F) Carry more than 6
                                                      passengers and are
                                                      ferries..
(4) Non-self-propelled vessels   All vessels         (iii) All vessels      All manned          All barges         All seagoing        All tank barges
 >=100 gross tons.                carrying            that--                 seagoing barges.    carrying           barges engaged in   carrying cargoes
                                  combustible or     (A) Carry more than                         passengers or      oceanographic       listed in Table
                                  flammable liquid    12 passengers-for-                         passengers-for-    research.           151.05 of this
                                  cargo in bulk.\5\   hire whether                               hire except                            chapter or
                                                      chartered or not, or.                      those covered by                       unlisted cargoes
                                                     (B) Carry more than                         columns 3 and 6.                       that would
                                                      12 passengers when                                                                otherwise be
                                                      chartered with the                                                                subject to part
                                                      crew provided, or.                                                                151.1 11 12
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and is a submersible
                                                      vessel.\7\.
                                                     (E) Carry more than
                                                      12 passengers on an
                                                      international
                                                      voyage..
                                                     (F) Carry at least 1
                                                      passenger and are
                                                      ferries..

[[Page 18943]]

 
(5) Sail.\13\ vessels <=700      All vessels         (i) All vessels        All vessels         All vessels not    None..............  All vessels
 gross tons.                      carrying            carrying more than     carrying            covered by                             carrying cargoes
                                  combustible or      12 passengers on an    dangerous           columns 2, 3, 4,                       in bulk that are
                                  flammable liquid    international          cargoes, when       and 6.                                 listed in part
                                  cargo in bulk.\5\   voyage, except         required by 46                                             153, table 1, or
                                                      recreational vessels   CFR part 98.                                               part 154, table
                                                      not engaged in                                                                    4, or unlisted
                                                      trade.\7\                                                                         cargoes that
                                                     (ii) All vessels <100                                                              would otherwise
                                                      gross tons that--.                                                                be subject to
                                                     (A) Carry more than 6                                                              these parts.\12\
                                                      passengers-for-hire
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or.
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries..
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vehicles not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels,
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
(6) Sail.\13\ vessels >700       All vessels         (i) All vessels        All vessels         None.............  None..............  All vessels
 gross tons.                      carrying            carrying passengers    carrying                                                   carrying cargoes
                                  combustible or      or passengers-for-     dangerous                                                  in bulk that are
                                  flammable liquid    hire, except           cargoes, when                                              listed in part
                                  cargo in bulk.\5\   recreational           required by 46                                             153, table 1, or
                                                      vessels.\7\            CFR part 98.                                               part 154, table
                                                     (ii) All ferries that                                                              4, or unlisted
                                                      carry at least 1                                                                  cargoes that
                                                      passenger..                                                                       would otherwise
                                                                                                                                        be subject to
                                                                                                                                        these parts.\12\

[[Page 18944]]

 
(7) Steam, vessels <=19.8        All vessels         (i) All vessels        All tugboats and    All vessels not    None..............  All vessels
 meters (65 feet) in length.      carrying            carrying more than     towboats. All       covered by                             carrying cargoes
                                  combustible or      12 passengers on an    vessels carrying    columns 2, 3, 4,                       in bulk that are
                                  flammable liquid    international          dangerous           and 6.                                 listed in part
                                  cargo in bulk.\5\   voyage, except         cargoes, when                                              153, table 1, or
                                                      recreational vessels   required by 46                                             part 154, table
                                                      not engaged in         CFR part 98.                                               4, or unlisted
                                                      trade.\7\                                                                         cargoes that
                                                     (ii) All vessels <100                                                              would otherwise
                                                      gross tons that--.                                                                be subject to
                                                     (A) Carry more than 6                                                              these parts.\12\
                                                      passengers-for-hire
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or.
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries..
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vessels not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.

[[Page 18945]]

 
(7) Steam, vessels >19.8 meters  All vessels         (i) All vessels        All vessels not     None.............  All vessels         All vessels
 (65 feet) in length.             carrying            carrying more than     covered by                             engaged in          carrying cargoes
                                  combustible or      12 passengers on an    columns 2, 3, 6,                       oceanographic       in bulk that are
                                  flammable liquid    international          and 7.                                 research.           listed in part
                                  cargo in bulk.\5\   voyage, except                                                                    153, table 1, or
                                                      recreational vessels                                                              part 154, table
                                                      not engaged in                                                                    4, or unlisted
                                                      trade.\7\                                                                         cargoes that
                                                     (ii) All vessels <100                                                              would otherwise
                                                      gross tons that--.                                                                be subject to
                                                     (A) Carry more than 6                                                              these parts.\12\
                                                      passengers-for-hire
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or.
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries..
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vehicles not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key to symbols used in this table: <= means less than or equal to; > means greater than; < means less than; and >= means greater than or equal to.
Footnotes:
\1\ Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight
  line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
\2\ Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W
  (Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171-179 apply
  whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
\3\ Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical
  Schools) of this chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels)
  and part 168 of subchapter R (Nautical Schools) of this chapter.
\4\ Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this
  chapter covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels
  less than 100 gross tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
\5\ Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of
  the vessel is not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in
  bulk. The portion of the vessel used for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank
  Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
\6\ Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).

[[Page 18946]]

 
\7\ The terms ``passenger(s)'' and ``passenger(s)-for-hire'' are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel
  onboard shall not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
\8\ Boilers and machinery are subject to examination on vessels over 40 feet in length.
\9\ Under 46 U.S.C. 441 an oceanographic research vessel ``* * * being employed exclusively in instruction in oceanography or limnology, or both, or
  exclusively in oceanographic research, * * *. Under 46 U.S.C. 443, ``an oceanographic research vessel shall not be deemed to be engaged in trade or
  commerce.'' If or when an oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an
  oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons
  employed in the business of the vessel.
\10\ Bulk dangerous cargoes are cargoes specified in table 151.01-10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
\11\ For manned tankbarges, see Sec.   151.01-10(c) of this chapter.
\12\ See Sec.   151.01-15, 153.900(d), or 154.30 of this chapter as appropriate.
\13\ Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.

PART 70--GENERAL PROVISIONS

0
7. The authority citation for part 70 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat. 
2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1; Section 70.01-15 also issued under the authority of 44 
U.S.C. 3507.



0
8. Revise Table 70.05-1(a) of Sec.  70.05-1(a) to read as follows:


Sec.  70.05-1  United States flag vessels subject to the requirements 
of this subchapter.

    (a) * * *

                                                                    Table 70.05-1(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Vessels inspected and
                                                       certificated under    Vessels inspected                                          Vessels subject
                                  Vessels inspected      Subchapter H--      and certificated    Vessels subject   Vessels subject to  to the provisions
Method of propulsion, qualified   and certificated   Passenger Vessels 2 3   under Subchapter   to the provisions   the provisions of  of Subchapter O--
  by size or other  limitation    under Subchapter    4 5 or Subchapter K      I--Cargo and     of Subchapter C--    Subchapter U--     Certain Bulk and
              \1\                 D--Tank  Vessels   or T--Small Passenger     Miscellaneous       Uninspected        Oceanographic    Dangerous Cargoes
                                         \2\             Vessels 2 3 4          Vessels 2 5     Vessels 2 3 6 7 8   Vessels 2 3 6 7 9         \10\
 
Column 1                         Column 2..........  Column 3.............  Column 4..........  Column 5.........  Column 6..........  Column 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Motor, all vessels except    All vessels         (i) All vessels        All vessels >15     All vessels not    None..............  All vessels
 seagoing motor vessels >=300     carrying            carrying more than     gross tons          covered by                             carrying cargoes
 gross tons.                      combustible or      12 passengers on an    carrying freight-   columns 2, 3, 4,                       in bulk that are
                                  flammable liquid    international          for-hire, except    and 6.                                 listed in part
                                  cargo in bulk.\5\   voyage, except         those covered by                                           153, table 1, or
                                                      recreational vessels   columns 2 and 3.                                           part 154, table
                                                      not engaged in         All vessels                                                4, or unlisted
                                                      trade.\7\              carrying                                                   cargoes that
                                                     (ii) All vessels <100   dangerous                                                  would otherwise
                                                      gross tons that--.     cargoes, when                                              be subject to
                                                     (A) Carry more than 6   required by 46                                             these parts.\12\
                                                      passengers-for-hire    CFR part 98.
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or.
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries..

[[Page 18947]]

 
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vessels not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
(2) Motor, seagoing motor        All vessels         (i) All vessels        All vessels,        All vessels not    All vessels         All vessels
 vessels >=300 gross tons.        carrying            carrying more than     including           covered by         engaged in          carrying cargoes
                                  combustible or      12 passengers on an    recreational        columns 2, 3, 4,   oceanographic       in bulk that are
                                  flammable liquid    international          vessels, not        6, and 7.          research.           listed in part
                                  cargo in bulk.\5\   voyage, except         engaged in trade.                                          153, table 1, or
                                                      recreational vessels   This does not                                              part 154, table
                                                      not engaged in         include vessels                                            4, or unlisted
                                                      trade.\7\              covered by                                                 cargoes that
                                                     (ii) All ferries <100   columns 2 and 3,                                           would otherwise
                                                      gross tons carrying    and vessels                                                be subject to
                                                      more than 6            engaged in the                                             these parts.\12\
                                                      passengers and all     fishing industry.
                                                      ferries >=100 gross
                                                      tons that carry at
                                                      least 1 passenger..
                                                     (iii) These
                                                      regulations do not
                                                      apply to--.
                                                     (A) Recreational
                                                      vessels not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise service
                                                      may carry persons on
                                                      the legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
(3) Non-self-propelled vessels   All vessels         (i) All vessels that-- All seagoing        All barges         None..............  All tank barges
 <100 gross tons.                 carrying                                   barges except       carrying                               carrying cargoes
                                  combustible or     (A) Carry more than 6   those covered by    passengers or                          listed in Table
                                  flammable liquid    passengers-for-hire    columns 2 and 3.    passengers-for-                        151.05 of this
                                  cargo in bulk.\5\   whether chartered or                       hire except                            chapter or
                                                      not, or.                                   those covered by                       unlisted cargoes
                                                     (B) Carry more than 6                       column 3.                              that would
                                                      passengers when                                                                   otherwise be
                                                      chartered with the                                                                subject to part
                                                      crew provided, or.                                                                151.1 11 12
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and is a submersible
                                                      vessel.\7\.
                                                     (E) Carry more than
                                                      12 passengers on an
                                                      international
                                                      voyage..
                                                     (F) Carry more than 6
                                                      passengers and are
                                                      ferries..

[[Page 18948]]

 
(4) Non-self-propelled vessels   All vessels         (iii) All vessels      All manned          All barges         All seagoing        All tank barges
 >=100 gross tons.                carrying            that--                 seagoing barges.    carrying           barges engaged in   carrying cargoes
                                  combustible or     (A) Carry more than                         passengers or      oceanographic       listed in Table
                                  flammable liquid    12 passengers-for-                         passengers-for-    research.           151.05 of this
                                  cargo in bulk.\5\   hire whether                               hire except                            chapter or
                                                      chartered or not, or.                      those covered by                       unlisted cargoes
                                                     (B) Carry more than                         columns 3 and 6.                       that would
                                                      12 passengers when                                                                otherwise be
                                                      chartered with the                                                                subject to part
                                                      crew provided, or.                                                                151.1 11 12
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and is a submersible
                                                      vessel.\7\.
                                                     (E) Carry more than
                                                      12 passengers on an
                                                      international
                                                      voyage..
                                                     (F) Carry at least 1
                                                      passenger and are
                                                      ferries..
(5) Sail.\13\ vessels <=700      All vessels         (i) All vessels        All vessels         All vessels not    None..............  All vessels
 gross tons.                      carrying            carrying more than     carrying            covered by                             carrying cargoes
                                  combustible or      12 passengers on an    dangerous           columns 2, 3, 4,                       in bulk that are
                                  flammable liquid    international          cargoes, when       and 6.                                 listed in part
                                  cargo in bulk.\5\   voyage, except         required by 46                                             153, table 1, or
                                                      recreational vessels   CFR part 98.                                               part 154, table
                                                      not engaged in                                                                    4, or unlisted
                                                      trade.\7\                                                                         cargoes that
                                                     (ii) All vessels <100                                                              would otherwise
                                                      gross tons that--.                                                                be subject to
                                                     (A) Carry more than 6                                                              these parts.\12\
                                                      passengers-for-hire
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or.
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries..

[[Page 18949]]

 
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vehicles not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels,
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
(6) Sail.\13\ vessels >700       All vessels         (i) All vessels        All vessels         None.............  None..............  All vessels
 gross tons.                      carrying            carrying passengers    carrying                                                   carrying cargoes
                                  combustible or      or passengers-for-     dangerous                                                  in bulk that are
                                  flammable liquid    hire, except           cargoes, when                                              listed in part
                                  cargo in bulk.\5\   recreational           required by 46                                             153, table 1, or
                                                      vessels.\7\            CFR part 98.                                               part 154, table
                                                     (ii) All ferries that                                                              4, or unlisted
                                                      carry at least 1                                                                  cargoes that
                                                      passenger..                                                                       would otherwise
                                                                                                                                        be subject to
                                                                                                                                        these parts.\12\
(7) Steam, vessels <=19.8        All vessels         (i) All vessels        All tugboats and    All vessels not    None..............  All vessels
 meters (65 feet) in length.      carrying            carrying more than     towboats. All       covered by                             carrying cargoes
                                  combustible or      12 passengers on an    vessels carrying    columns 2, 3, 4,                       in bulk that are
                                  flammable liquid    international          dangerous           and 6.                                 listed in part
                                  cargo in bulk.\5\   voyage, except         cargoes, when                                              153, table 1, or
                                                      recreational vessels   required by 46                                             part 154, table
                                                      not engaged in         CFR part 98.                                               4, or unlisted
                                                      trade.\7\                                                                         cargoes that
                                                     (ii) All vessels <100                                                              would otherwise
                                                      gross tons that--.                                                                be subject to
                                                     (A) Carry more than 6                                                              these parts.\12\
                                                      passengers-for-hire
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..

[[Page 18950]]

 
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or.
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries..
                                                     (iv) These
                                                      regulations do not
                                                      apply to--.
                                                     (A) Recreational
                                                      vessels not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
(7) Steam, vessels >19.8 meters  All vessels         (i) All vessels        All vessels not     None.............  All vessels         All vessels
 (65 feet) in length.             carrying            carrying more than     covered by                             engaged in          carrying cargoes
                                  combustible or      12 passengers on an    columns 2, 3, 6,                       oceanographic       in bulk that are
                                  flammable liquid    international          and 7.                                 research.           listed in part
                                  cargo in bulk.\5\   voyage, except                                                                    153, table 1, or
                                                      recreational vessels                                                              part 154, table
                                                      not engaged in                                                                    4, or unlisted
                                                      trade.\7\                                                                         cargoes that
                                                     (ii) All vessels <100                                                              would otherwise
                                                      gross tons that--.                                                                be subject to
                                                     (A) Carry more than 6                                                              these parts.\12\
                                                      passengers-for-hire
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..

[[Page 18951]]

 
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or.
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries..
                                                     (iv) These
                                                      regulations do not
                                                      apply to--.
                                                     (A) Recreational
                                                      vehicles not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Key to symbols used in this table: <= means less than or equal to; > means greater than; < means less than; and >= means greater than or equal to.
Footnotes:
\1\ Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight
  line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
\2\ Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W
  (Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171-179 apply
  whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
\3\ Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical
  Schools) of this chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels)
  and part 168 of subchapter R (Nautical Schools) of this chapter.
\4\ Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this
  chapter covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels
  less than 100 gross tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
\5\ Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of
  the vessel is not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in
  bulk. The portion of the vessel used for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank
  Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
\6\ Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
\7\ The terms ``passenger(s)'' and ``passenger(s)-for-hire'' are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel
  onboard shall not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
\8\ Boilers and machinery are subject to examination on vessels over 40 feet in length.
\9\ Under 46 U.S.C. 441 an oceanographic research vessel ``* * * being employed exclusively in instruction in oceanography or limnology, or both, or
  exclusively in oceanographic research, * * * *. Under 46 U.S.C. 443, ``an oceanographic research vessel shall not be deemed to be engaged in trade or
  commerce.'' If or when an oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an
  oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons
  employed in the business of the vessel.
\10\ Bulk dangerous cargoes are cargoes specified in table 151.01-10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
\11\ For manned tankbarges, see Sec.   151.01-10(c) of this chapter.
\12\ See Sec.   151.01-15, 153.900(d), or 154.30 of this chapter as appropriate.
\13\ Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.


[[Page 18952]]

PART 90--GENERAL PROVISIONS

0
9. The authority citation for part 90 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat. 
2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.

0
10. Revise Table 90.05-1(a) of Sec.  90.05-1 to read as follows:


Sec.  90.05-1  Vessels subject to requirements of this subchapter.

    (a) * * *

                                                                    Table 90.05-1(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Vessels inspected and
                                  Vessels inspected    certificated under    Vessels inspected   Vessels subject   Vessels subject to   Vessels subject
Method of propulsion, qualified   and certificated       Subchapter H--      and certificated   to the provisions   the provisions of  to the provisions
  by size or other  limitation    under Subchapter    Passenger Vessels2 3   under Subchapter   of Subchapter C--    Subchapter U--    of Subchapter O--
              \1\                  D--Tank Vessels    4 5 or Subchapter K      I--Cargo and        Uninspected        Oceanographic     Certain Bulk and
                                         \2\         or T--Small Passenger     Miscellaneous    Vessels 2 3 6 7 8   Vessels 2 3 6 7 9  Dangerous Cargoes
                                                         Vessels 2 3 4          Vessels 2 5                                                   \10\
Column 1                         Column 2..........  Column 3.............  Column 4..........  Column 5.........  Column 6..........  Column 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Motor, all vessels except    All vessels         (i) All vessels        All vessels >15     All vessels not    None..............  All vessels
 seagoing motor vessels >=300     carrying            carrying more than     gross tons          covered by                             carrying cargoes
 gross tons.                      combustible or      12 passengers on an    carrying freight-   columns 2, 3, 4,                       in bulk that are
                                  flammable liquid    international          for-hire, except    and 6.                                 listed in part
                                  cargo in bulk.\5\   voyage, except         those covered by                                           153, table 1, or
                                                      recreational vessels   columns 2 and 3.                                           part 154, table
                                                      not engaged in         All vessels                                                4, or unlisted
                                                      trade.\7\              carrying                                                   cargoes that
                                                     (ii) All vessels <100   dangerous                                                  would otherwise
                                                      gross tons that--.     cargoes, when                                              be subject to
                                                     (A) Carry more than 6   required by 46                                             these parts.\12\
                                                      passengers-for-hire    CFR part 98.
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries.
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vessels not engaged
                                                      in trade.
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew.
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel.\6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\

[[Page 18953]]

 
(2) Motor, seagoing motor        All vessels         (i) All vessels        All vessels,        All vessels not    All vessels         All vessels
 vessels >=300 gross tons.        carrying            carrying more than     including           covered by         engaged in          carrying cargoes
                                  combustible or      12 passengers on an    recreational        columns 2, 3, 4,   oceanographic       in bulk that are
                                  flammable liquid    international          vessels, not        6, and 7.          research.           listed in part
                                  cargo in bulk.\5\   voyage, except         engaged in trade.                                          153, table 1, or
                                                      recreational vessels   This does not                                              part 154, table
                                                      not engaged in         include vessels                                            4, or unlisted
                                                      trade.\7\              covered by                                                 cargoes that
                                                     (ii) All ferries <100   columns 2 and 3,                                           would otherwise
                                                      gross tons carrying    and vessels                                                be subject to
                                                      more than 6            engaged in the                                             these parts.\12\
                                                      passengers and all     fishing industry.
                                                      ferries >=100 gross
                                                      tons that carry at
                                                      least 1 passenger..
                                                     (iii) These
                                                      regulations do not
                                                      apply to--.
                                                     (A) Recreational
                                                      vessels not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise service
                                                      may carry persons on
                                                      the legitimate
                                                      business of the
                                                      vessel.\6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
(3) Non-self-propelled vessels   All vessels         (i) All vessels that-- All seagoing        All barges         None..............  All tank barges
 <100 gross tons.                 carrying                                   barges except       carrying                               carrying cargoes
                                  combustible or     (A) Carry more than 6   those covered by    passengers or                          listed in Table
                                  flammable liquid    passengers-for-hire    columns 2 and 3.    passengers-for-                        151.05 of this
                                  cargo in bulk.\5\   whether chartered or                       hire except                            chapter or
                                                      not, or.                                   those covered by                       unlisted cargoes
                                                     (B) Carry more than 6                       column 3.                              that would
                                                      passengers when                                                                   otherwise be
                                                      chartered with the                                                                subject to part
                                                      crew provided, or.                                                                151.1 11 12
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and is a submersible
                                                      vessel.\7\.
                                                     (E) Carry more than
                                                      12 passengers on an
                                                      international
                                                      voyage..
                                                     (F) Carry more than 6
                                                      passengers and are
                                                      ferries..
(4) Non-self-propelled vessels   All vessels         (iii) All vessels      All manned          All barges         All seagoing        All tank barges
 >=100 gross tons.                carrying            that--                 seagoing barges.    carrying           barges engaged in   carrying cargoes
                                  combustible or     (A) Carry more than                         passengers or      oceanographic       listed in Table
                                  flammable liquid    12 passengers-for-                         passengers-for-    research.           151.05 of this
                                  cargo in bulk.\5\   hire whether                               hire except                            chapter or
                                                      chartered or not, or.                      those covered by                       unlisted cargoes
                                                     B) Carry more than 12                       columns 3 and 6.                       that would
                                                      passengers when                                                                   otherwise be
                                                      chartered with the                                                                subject to part
                                                      crew provided, or.                                                                151.1 11 12
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and is a submersible
                                                      vessel.\7\.
                                                     (E) Carry more than
                                                      12 passengers on an
                                                      international
                                                      voyage..
                                                     (F) Carry at least 1
                                                      passenger and are
                                                      ferries..

[[Page 18954]]

 
(5) Sail.\13\ vessels <=700      All vessels         (i) All vessels        All vessels         All vessels not    None..............  All vessels
 gross tons.                      carrying            carrying more than     carrying            covered by                             carrying cargoes
                                  combustible or      12 passengers on an    dangerous           columns 2, 3, 4,                       in bulk that are
                                  flammable liquid    international          cargoes, when       and 6.                                 listed in part
                                  cargo in bulk.\5\   voyage, except         required by 46                                             153, table 1, or
                                                      recreational vessels   CFR part 98.                                               part 154, table
                                                      not engaged in                                                                    4, or unlisted
                                                      trade.\7\                                                                         cargoes that
                                                     (ii) All vessels <100                                                              would otherwise
                                                      gross tons that--.                                                                be subject to
                                                     (A) Carry more than 6                                                              these parts.\12\
                                                      passengers-for-hire
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries.
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vehicles not engaged
                                                      in trade.
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew.
                                                     (C) Fishing vessels,
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\
(6) Sail.\13\ vessels >700       All vessels         (i) All vessels        All vessels         None.............  None..............  All vessels
 gross tons.                      carrying            carrying passengers    carrying                                                   carrying cargoes
                                  combustible or      or passengers-for-     dangerous                                                  in bulk that are
                                  flammable liquid    hire, except           cargoes, when                                              listed in part
                                  cargo in bulk.\5\   recreational           required by 46                                             153, table 1, or
                                                      vessels.\7\            CFR part 98.                                               part 154, table
                                                     (ii) All ferries that                                                              4, or unlisted
                                                      carry at least 1                                                                  cargoes that
                                                      passenger..                                                                       would otherwise
                                                                                                                                        be subject to
                                                                                                                                        these parts.\12\

[[Page 18955]]

 
(7) Steam, vessels <=19.8        All vessels         (i) All vessels        All tugboats and    All vessels not    None..............  All vessels
 meters (65 feet) in length.      carrying            carrying more than     towboats. All       covered by                             carrying cargoes
                                  combustible or      12 passengers on an    vessels carrying    columns 2, 3, 4,                       in bulk that are
                                  flammable liquid    international          dangerous           and 6.                                 listed in part
                                  cargo in bulk.\5\   voyage, except         cargoes, when                                              153, table 1, or
                                                      recreational vessels   required by 46                                             part 154, table
                                                      not engaged in         CFR part 98.                                               4, or unlisted
                                                      trade.\7\                                                                         cargoes that
                                                     (ii) All vessels <100                                                              would otherwise
                                                      gross tons that--.                                                                be subject to
                                                     (A) Carry more than 6                                                              these parts.\12\
                                                      passengers-for-hire
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries.
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vessels not engaged
                                                      in trade.
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew.
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\

[[Page 18956]]

 
(7) Steam, vessels >19.8 meters  All vessels         (i) All vessels        All vessels not     None.............  All vessels         All vessels
 (65 feet) in length.             carrying            carrying more than     covered by                             engaged in          carrying cargoes
                                  combustible or      12 passengers on an    columns 2, 3, 6,                       oceanographic       in bulk that are
                                  flammable liquid    international          and 7.                                 research.           listed in part
                                  cargo in bulk.\5\   voyage, except                                                                    153, table 1, or
                                                      recreational vessels                                                              part 154, table
                                                      not engaged in                                                                    4, or unlisted
                                                      trade.\7\                                                                         cargoes that
                                                     (ii) All vessels <100                                                              would otherwise
                                                      gross tons that--.                                                                be subject to
                                                     (A) Carry more than 6                                                              these parts.\12\
                                                      passengers-for-hire
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries.
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vehicles not engaged
                                                      in trade.
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew.
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key to symbols used in this table: <= means less than or equal to; > means greater than; < means less than; and >= means greater than or equal to.
Footnotes:
\1\ Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight
  line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
\2\ Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W
  (Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171-179 apply
  whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
\3\ Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical
  Schools) of this chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels)
  and part 168 of subchapter R (Nautical Schools) of this chapter.
\4\ Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this
  chapter covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels
  less than 100 gross tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
\5\ Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of
  the vessel is not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in
  bulk. The portion of the vessel used for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank
  Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.

[[Page 18957]]

 
\6\ Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
\7\ The terms ``passenger(s)'' and ``passenger(s)-for-hire'' are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel
  onboard shall not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
\8\ Boilers and machinery are subject to examination on vessels over 40 feet in length.
\9\ Under 46 U.S.C. 441 an oceanographic research vessel ``* * * being employed exclusively in instruction in oceanography or limnology, or both, or
  exclusively in oceanographic research, * * *. Under 46 U.S.C. 443, ``an oceanographic research vessel shall not be deemed to be engaged in trade or
  commerce.'' If or when an oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an
  oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons
  employed in the business of the vessel.
\10\ Bulk dangerous cargoes are cargoes specified in table 151.01-10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
\11\ For manned tankbarges, see Sec.   151.01-10(c) of this chapter.
\12\ See Sec.   151.01-15, 153.900(d), or 154.30 of this chapter as appropriate.
\13\ Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.

PART 188--GENERAL PROVISIONS

0
11. The authority citation for part 188 continues to read as follows:

    Authority:  46 U.S.C. 2113, 3306; Pub. L. 103-206, 107 Stat. 
2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.

0
12. Revise Table 188.05-1(a) of Sec.  188.05-1 to read as follows:


Sec.  188.05-1  Vessels subject to the requirements of this subchapter.

    (a) * * *

                                                                    Table 188.05-1(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Vessels inspected and
                                                       certificated under    Vessels inspected                                          Vessels subject
                                  Vessels inspected      subchapter H--      and certificated    Vessels subject   Vessels subject to  to the provisions
Method of propulsion, qualified   and certificated   Passenger Vessels 2 3   under Subchapter   to the provisions   the provisions of  of Subchapter O--
by size or other limitation \1\   under Subchapter    4 5 or Subchapter K      I--Cargo and     of Subchapter C--    Subchapter U--     Certain Bulk and
                                   D--Tank Vessels   or T--Small Passenger     Miscellaneous       Uninspected        Oceanographic    Dangerous Cargoes
                                         \2\             Vessels 2 3 4          Vessels 2 5     Vessels 2 3 6 7 8   Vessels 2 3 6 7 9         \10\
 
Column 1                         Column 2..........  Column 3.............  Column 4..........  Column 5.........  Column 6..........  Column 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Motor, all vessels except    All vessels         (i) All vessels        All vessels >15     All vessels not    None..............  All vessels
 seagoing motor vessels >=300     carrying            carrying more than     gross tons          covered by                             carrying cargoes
 gross tons.                      combustible or      12 passengers on an    carrying freight-   columns 2, 3, 4,                       in bulk that are
                                  flammable liquid    international          for-hire, except    and 6.                                 listed in part
                                  cargo in bulk.\5\   voyage, except         those covered by                                           153, table 1, or
                                                      recreational vessels   columns 2 and 3.                                           part 154, table
                                                      not engaged in         All vessels                                                4, or unlisted
                                                      trade.\7\              carrying                                                   cargoes that
                                                     (ii) All vessels <100   dangerous                                                  would otherwise
                                                      gross tons that--.     cargoes, when                                              be subject to
                                                     (A) Carry more than 6   required by 46                                             these parts.\12\
                                                      passengers-for-hire    CFR part 98.
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      [gteqt]100 gross
                                                      tons that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries.
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vessels not engaged
                                                      in trade.
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew.

[[Page 18958]]

 
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\
(2) Motor, seagoing motor        All vessels         (i) All vessels        All vessels,        All vessels not    All vessels         All vessels
 vessels [gteqt]300 gross tons.   carrying            carrying more than     including           covered by         engaged in          carrying cargoes
                                  combustible or      12 passengers on an    recreational        columns 2, 3, 4,   oceanographic       in bulk that are
                                  flammable liquid    international          vessels, not        6, and 7.          research.           listed in part
                                  cargo in bulk.\5\   voyage, except         engaged in trade.                                          153, table 1, or
                                                      recreational vessels   This does not                                              part 154, table
                                                      not engaged in         include vessels                                            4, or unlisted
                                                      trade.\7\              covered by                                                 cargoes that
                                                     (ii) All ferries <100   columns 2 and 3,                                           would otherwise
                                                      gross tons carrying    and vessels                                                be subject to
                                                      more than 6            engaged in the                                             these parts.\12\
                                                      passengers and all     fishing industry.
                                                      ferries >=100 gross
                                                      tons that carry at
                                                      least 1 passenger..
                                                     (iii) These
                                                      regulations do not
                                                      apply to--.
                                                     (A) Recreational
                                                      vessels not engaged
                                                      in trade..
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew..
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise service
                                                      may carry persons on
                                                      the legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\.
(3) Non-self-propelled vessels   All vessels         (i) All vessels that-- All seagoing        All barges         None..............  All tank barges
 <100 gross tons.                 carrying                                   barges except       carrying                               carrying cargoes
                                  combustible or     (A) Carry more than 6   those covered by    passengers or                          listed in Table
                                  flammable liquid    passengers-for-hire    columns 2 and 3.    passengers-for-                        151.05 of this
                                  cargo in bulk.\5\   whether chartered or                       hire except                            chapter or
                                                      not, or.                                   those covered by                       unlisted cargoes
                                                     (B) Carry more than 6                       column 3.                              that would
                                                      passengers when                                                                   otherwise be
                                                      chartered with the                                                                subject to part
                                                      crew provided, or.                                                                151.1 11 12
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and is a submersible
                                                      vessel.\7\.
                                                     (E) Carry more than
                                                      12 passengers on an
                                                      international
                                                      voyage..
                                                     (F) Carry more than 6
                                                      passengers and are
                                                      ferries..

[[Page 18959]]

 
(4) Non-self-propelled vessels   All vessels         (iii) All vessels      All manned          All barges         All seagoing        All tank barges
 [gteqt]100 gross tons.           carrying            that--                 seagoing barges.    carrying           barges engaged in   carrying cargoes
                                  combustible or     (A) Carry more than                         passengers or      oceanographic       listed in Table
                                  flammable liquid    12 passengers-for-                         passengers-for-    research.           151.05 of this
                                  cargo in bulk.\5\   hire whether                               hire except                            chapter or
                                                      chartered or not, or.                      those covered by                       unlisted cargoes
                                                     (B) Carry more than                         columns 3 and 6.                       that would
                                                      12 passengers when                                                                otherwise be
                                                      chartered with the                                                                subject to part
                                                      crew provided, or.                                                                151.1 11 12
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and is a submersible
                                                      vessel \7\.
                                                     (E) Carry more than
                                                      12 passengers on an
                                                      international
                                                      voyage..
                                                     (F) Carry at least 1
                                                      passenger and are
                                                      ferries..
(5) Sail.\13\ vessels <=700      All vessels         (i) All vessels        All vessels         All vessels not    None..............  All vessels
 gross tons.                      carrying            carrying more than     carrying            covered by                             carrying cargoes
                                  combustible or      12 passengers on an    dangerous           columns 2, 3, 4,                       in bulk that are
                                  flammable liquid    international          cargoes, when       and 6.                                 listed in part
                                  cargo in bulk.\5\   voyage, except         required by 46                                             153, table 1, or
                                                      recreational vessels   CFR part 98.                                               part 154, table
                                                      not engaged in                                                                    4, or unlisted
                                                      trade.\7\                                                                         cargoes that
                                                     (ii) All vessels <100                                                              would otherwise
                                                      gross tons that--.                                                                be subject to
                                                     (A) Carry more than 6                                                              these parts.\12\
                                                      passengers-for-hire
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels \7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries.
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vehicles not engaged
                                                      in trade.
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew.

[[Page 18960]]

 
                                                     (C) Fishing vessels,
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel \6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\
(6) Sail.\13\ vessels >700       All vessels         (i) All vessels        All vessels         None.............  None..............  All vessels
 gross tons.                      carrying            carrying passengers    carrying                                                   carrying cargoes
                                  combustible or      or passengers-for-     dangerous                                                  in bulk that are
                                  flammable liquid    hire, except           cargoes, when                                              listed in part
                                  cargo in bulk.\5\   recreational           required by 46                                             153, table 1, or
                                                      vessels.\7\            CFR part 98.                                               part 154, table
                                                     ii) All ferries that                                                               4, or unlisted
                                                      carry at least 1                                                                  cargoes that
                                                      passenger..                                                                       would otherwise
                                                                                                                                        be subject to
                                                                                                                                        these parts.\12\
(7) Steam, vessels <=19.8        All vessels         (i) All vessels        All tugboats and    All vessels not    None..............  All vessels
 meters (65 feet) in length.      carrying            carrying more than     towboats. All       covered by                             carrying cargoes
                                  combustible or      12 passengers on an    vessels carrying    columns 2, 3, 4,                       in bulk that are
                                  flammable liquid    international          dangerous           and 6.                                 listed in part
                                  cargo in bulk.\5\   voyage, except         cargoes, when                                              153, table 1, or
                                                      recreational vessels   required by 46                                             part 154, table
                                                      not engaged in         CFR part 98.                                               4, or unlisted
                                                      trade.\7\                                                                         cargoes that
                                                     (ii) All vessels <100                                                              would otherwise
                                                      gross tons that--.                                                                be subject to
                                                     (A) Carry more than 6                                                              these parts.\12\
                                                      passengers-for-hire
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries.
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vessels not engaged
                                                      in trade.
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew.

[[Page 18961]]

 
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel\6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\
(7) Steam, vessels >19.8 meters  All vessels         (i) All vessels        All vessels not     None.............  All vessels         All vessels
 (65 feet) in length.             carrying            carrying more than     covered by                             engaged in          carrying cargoes
                                  combustible or      12 passengers on an    columns 2, 3, 6,                       oceanographic       in bulk that are
                                  flammable liquid    international          and 7.                                 research.           listed in part
                                  cargo in bulk.\5\   voyage, except                                                                    153, table 1, or
                                                      recreational vessels                                                              part 154, table
                                                      not engaged in                                                                    4, or unlisted
                                                      trade.\7\                                                                         cargoes that
                                                     (ii) All vessels <100                                                              would otherwise
                                                      gross tons that--.                                                                be subject to
                                                     (A) Carry more than 6                                                              these parts.\12\
                                                      passengers-for-hire
                                                      whether chartered or
                                                      not, or.
                                                     (B) Carry more than 6
                                                      passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\.
                                                     (E) Carry more than 6
                                                      passengers and are
                                                      ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not, or
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least 1
                                                      passenger-for-hire
                                                      and are submersible
                                                      vessels.\7\
                                                     (E) Carry at least 1
                                                      passenger and are
                                                      ferries.
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vehicles not engaged
                                                      in trade.
                                                     (B) Documented cargo
                                                      or tank vessels
                                                      issued a permit to
                                                      carry 16 or fewer
                                                      persons in addition
                                                      to the crew.
                                                     (C) Fishing vessels
                                                      not engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate business
                                                      of the vessel\6\ in
                                                      addition to the
                                                      crew, as restricted
                                                      by the definition of
                                                      passenger.\7\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key to symbols used in this table: <= means less than or equal to; > means greater than; < means less than; and >= means greater than or equal to.
Footnotes:
\1\ Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight
  line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.

[[Page 18962]]

 
\2\ Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W
  (Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171-179 apply
  whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
\3\ Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical
  Schools) of this chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels)
  and part 168 of subchapter R (Nautical Schools) of this chapter.
\4\ Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this
  chapter covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels
  less than 100 gross tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
\5\ Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of
  the vessel is not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in
  bulk. The portion of the vessel used for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank
  Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
\6\ Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
\7\ The terms ``passenger(s)'' and ``passenger(s)-for-hire'' are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel
  onboard shall not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
\8\ Boilers and machinery are subject to examination on vessels over 40 feet in length.
\9\ Under 46 U.S.C. 441 an oceanographic research vessel ``* * * being employed exclusively in instruction in oceanography or limnology, or both, or
  exclusively in oceanographic research, * * *. Under 46 U.S.C. 443, ``an oceanographic research vessel shall not be deemed to be engaged in trade or
  commerce.'' If or when an oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an
  oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons
  employed in the business of the vessel.
\10\ Bulk dangerous cargoes are cargoes specified in table 151.01-10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
\11\ For manned tankbarges, see Sec.   151.01-10(c) of this chapter.
\12\ See Sec.   151.01-15, 153.900(d), or 154.30 of this chapter as appropriate.
\13\ Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.


    Dated: February 22, 2012.
Kathryn A. Sinniger,
Chief, Office of Regulations and Administrative Law, United States 
Coast Guard.
[FR Doc. 2012-4762 Filed 3-28-12; 8:45 am]
BILLING CODE 9110-04-P


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