Seagoing Barges
Federal Register, Volume 77 Issue 61 (Thursday, March 29, 2012)
Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)
Rules and Regulations
Pages 18929-18962
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2012-4762
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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 Douglas.Tindall@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION: The direct final rule published December 14, 2011 (76 FR 77712) amends row 4, column 4 of Tables 2.01-7(a), 24.05-
1(a), 30.01-5(d), 70.05-1(a), 90.05-1(a), and 188.05-1(a) as republished in this correcting amendment. The Coast Guard is republishing the tables so that the format of the tables conforms to current Federal Register requirements. This correcting amendment makes no substantive changes to the tables.
Additionally, this correcting amendment corrects the amendatory instructions of the direct final rule wherein the titles of tables ``24.05-1(a)'' and ``30.01-5(d)'' were mistakenly transposed as ``24.01-5(a)'' and ``30.05-1(d)'' respectively.
List of Subjects
46 CFR Part 2
Marine safety, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 24
Marine safety.
46 CFR Part 30
Cargo vessels, Foreign relations, Hazardous materials transportation, Penalties, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 70
Marine safety, Passenger vessels, Reporting and recordkeeping requirements.
46 CFR Part 90
Cargo vessels, Marine safety.
46 CFR Part 188
Marine safety, Oceanographic research vessels.
Accordingly, 46 CFR parts 2, 24, 30, 70, 90, and 188 are corrected by making the following correcting amendments:
PART 2--VESSEL INSPECTIONS
0
-
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
-
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 gross tons
that--
(
-
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--
(
-
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 gross
tons that carry at
least 1 passenger..
(iii) These
regulations do not
apply to--.
(
-
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 that-- seagoing barges. carrying barges engaged in carrying cargoes
combustible or (
-
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 =100 gross tons
that--.
(
-
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--.
(
-
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 =100 gross tons
that--.
(
-
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--.
(
-
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 gross tons
that--.
(
-
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--.
(
-
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 greater than; = 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
-
-
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
-
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 gross tons
that--
(
-
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--
(
-
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 gross
tons that carry at
least 1 passenger..
(iii) These
regulations do not
apply to--.
(
-
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 that-- seagoing barges. carrying barges engaged in carrying cargoes
combustible or (
-
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 =100 gross tons
that--
(
-
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--
(
-
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 =100 gross tons
that--
(
-
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--
(
-
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 gross tons
that--
(
-
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--
(
-
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 greater than; = 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
-
-
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
-
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 gross tons
that--
(
-
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--
(
-
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 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--
(
-
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 that-- seagoing barges. carrying barges engaged in carrying cargoes
combustible or (
-
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 =100 gross tons
that--
(
-
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--
(
-
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 =100 gross tons
that--
(
-
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--
(
-
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 gross tons
that--
(
-
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--
(
-
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 greater than; = 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
-
-
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
-
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 gross tons
that--
(
-
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--
(
-
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 gross
tons that carry at
least 1 passenger..
(iii) These
regulations do not
apply to--.
(
-
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 that-- seagoing barges. carrying barges engaged in carrying cargoes
combustible or (
-
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 =100 gross tons
that--
(
-
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--
(
-
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 =100 gross tons
that--
(
-
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--.
(
-
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 gross tons
that--
(
-
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--.
(
-
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 greater than; = 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
-
-
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
-
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 gross tons
that--
(
-
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--
(
-
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 gross
tons that carry at
least 1 passenger..
(iii) These
regulations do not
apply to--.
(
-
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 that-- seagoing barges. carrying barges engaged in carrying cargoes
combustible or (
-
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
-
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 =100 gross tons
that--
(
-
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--
(
-
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 =100 gross tons
that--
(
-
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--
(
-
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 gross tons
that--
(
-
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--
(
-
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 greater than; = 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
-
-
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
-
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 gross
tons that carry at
least 1 passenger..
(iii) These
regulations do not
apply to--.
(
-
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
that--
(
-
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--
(
-
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 =100 gross tons
that--
(
-
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--
(
-
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 gross tons
that--
(
-
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--
(
-
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 greater than; = 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
-
