[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Proposed Rules]
[Pages 2148-2192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30984]



[[Page 2147]]

Vol. 78

Wednesday,

No. 6

January 9, 2013

Part VII





Department of Homeland Security





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Coast Guard





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46 CFR Parts 2, 24, 30, et al.





Seagoing Barges; Proposed Rule

  Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / 
Proposed Rules  

[[Page 2148]]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

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

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


Seagoing Barges

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to revise several vessel 
inspection and certification regulations to align them with a statutory 
definition of ``seagoing barge'' and with an exemption from inspection 
and certification requirements for certain seagoing barges. The 
proposed revisions are intended to eliminate ambiguity in existing 
regulations, to reduce the potential for confusion among the regulated 
public, and to help the Coast Guard perform its maritime safety and 
stewardship missions.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before March 11, 
2013 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0363 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. William Abernathy, Vessel and Facility 
Operating Standards Division (CG-OES-2), Coast Guard; telephone (202) 
372-1363, email [email protected]. If you have questions on 
viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Regulatory History
IV. Background, Basis, and Purpose
V. Discussion of Comments on the Withdrawn Final Rule
VI. Discussion of the Proposed Rule
VII. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0363), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. We recommend that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so that we can contact you if we have questions regarding your 
submission.
    To submit your comment online, go to http://www.regulations.gov and 
insert ``USCG-2011-0363'' in the ``Search'' box. Click on ``Submit a 
Comment'' in the ``Actions'' column. If you submit your comments by 
mail or hand delivery, submit them in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you 
submit comments by mail and would like to know that they reached the 
Facility, please enclose a stamped, self-addressed postcard or 
envelope.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov and 
insert ``USCG-2011-0363'' in the ``Search'' box. Click ``Search.'' 
Click the ``Open Docket Folder'' in the ``Actions'' column. If you do 
not have access to the Internet, you may view the docket online by 
visiting the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. We have an agreement 
with the Department of Transportation to use the Docket Management 
Facility.

C. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

D. Public Meeting

    We do not plan to hold a public meeting, but you may submit a 
request for one to the docket using one of the methods specified under 
ADDRESSES. In your request, explain why you believe a public meeting 
would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

II. Abbreviations

CFR Code of Federal Regulations
DFR Direct final rule
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
OCMI Officer in Charge, Marine Inspection
Pub. L. Public Law
Sec. Section
Stat. Statute
U.S.C. United States Code

[[Page 2149]]

III. Regulatory History

    On December 14, 2011, the Coast Guard published a direct final rule 
(DFR) entitled ``Seagoing Barges.'' 76 FR 77712. The DFR relied on 33 
CFR 1.05-55, which sets the parameters for Coast Guard's issuance of 
DFRs and stipulates that a DFR will be withdrawn if Coast Guard 
receives any adverse comment from the public. It further defines an 
``adverse'' comment as one that ``explains why the rule would be 
inappropriate * * *, or would be ineffective or unacceptable without a 
change.'' 33 CFR 1.05-55(f). After publication of the DFR, we received 
two adverse comments from the same commenter, who said the rule would 
be ineffective without change. Those comments can be viewed by 
following the instructions under the ``Viewing comments and documents'' 
section of this NPRM. Accordingly, we withdrew the DFR with a notice 
published on April 6, 2012, and at the same time stated our intention 
to reconsider the changes in a notice of proposed rulemaking (NPRM). 77 
FR 20727. This NPRM is substantively identical to the withdrawn DFR, 
except insofar as the NPRM has been modified to take the DFR's adverse 
comments into account.

IV. Background, Basis, and Purpose

    The statutory basis for this NPRM is 46 U.S.C. 3306, which requires 
the Secretary of Homeland Security to prescribe regulations for Coast 
Guard-inspected vessels, and Executive Order (E.O.) 12988, Civil 
Justice Reform, section 3(a), which obligates Federal agencies to 
eliminate ambiguity in existing regulations. The Secretary's authority 
under 46 U.S.C. 3306 is delegated to the Coast Guard in DHS Delegation 
No. 0170.1 paragraph (92)(b). The purpose of this NPRM is to propose 
regulatory revisions that are intended to align Coast Guard regulations 
with current statutory language, thereby eliminating ambiguity that 
could cause confusion among the regulated public. That ambiguity arose 
as the result of two statutory changes that affect how seagoing barges 
are defined and regulated.
    First, seagoing barges were once defined by law as non-self-
propelled vessels of 100 gross tons and over that proceed on voyages on 
the high seas or ocean. In 1983, as part of a comprehensive revision of 
the shipping statutes in Title 46, U.S. Code, Congress provided a new 
definition of ``seagoing barge'' in 46 U.S.C. 2101(32): A non-self-
propelled vessel of at least 100 gross tons making voyages beyond the 
statutorily defined Boundary Line.\1\ In 1997, the Coast Guard amended 
46 CFR 90.10-36 to align that section's definition of seagoing barge. 
Nevertheless, two Coast Guard regulations continue to use the pre-1983 
definition.
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    \1\ 46 U.S.C. 103, which refers to 33 U.S.C. 151. The Boundary 
Line is an ``identifiable line[] dividing inland waters of the 
United States from the high seas * * *. [Boundary Lines] may not be 
located more than twelve nautical miles seaward of the base line 
from which the territorial sea is measured. These lines may differ 
in position for the purposes of different statutes.'' 33 U.S.C. 
151(b). The locations of Boundary Lines for different portions of 
the U.S. coastline are defined in Coast Guard regulations, 46 CFR 
part 7.
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    Second, under 46 U.S.C. 3301(6), all seagoing barges must be 
inspected by the Coast Guard. Accordingly, seagoing barges have been 
subject to Coast Guard inspection and certification regulations in 46 
CFR, subchapter I. However, in 1993, Congress added 46 U.S.C. 3302(m) 
to exempt a seagoing barge from the section 3301(6) inspection 
requirement, if the barge is ``unmanned'' and ``does not carry'' either 
a ``hazardous material as cargo'' or ``a flammable or combustible 
liquid, including oil, in bulk.''
    Since the addition of section 3302(m), the Coast Guard has required 
seagoing barges to be inspected and certificated only if they are not 
subject to the exemption provided by that statute. Nevertheless, some 
owners or operators of unmanned barges that carry neither hazardous nor 
flammable/combustible materials voluntarily continue to undergo 
inspection and to maintain certification. This may reflect a rational 
business judgment, enabling the barge to switch quickly to service that 
is not eligible for exemption, for example to make an occasional voyage 
with hazardous cargo onboard. However, because eight Coast Guard 
regulations refer to the inspection and certification of seagoing 
barges without explicitly mentioning the section 3302(m) exemption, it 
is possible that some barge owners and operators continue to have their 
barges inspected and certificated only because they are unaware of the 
exemption. This would cause them, and Coast Guard inspectors, some 
unnecessary expense.

V. Discussion of Comments on the Withdrawn Direct Final Rule

    During the comment period for the DFR, we received two submissions 
from the same commenter. We determined these to be adverse comments 
within the meaning of 33 CFR 1.05-55(f) and accordingly withdrew the 
DFR on April 6, 2012. 77 FR 20727.
    The first submission related to the 46 U.S.C. 3302(m)(2) exemption 
from vessel inspection requirements for unmanned seagoing barges that 
carry neither a hazardous material as cargo, nor ``a flammable or 
combustible liquid, including oil, in bulk.'' Our DFR amended Coast 
Guard regulations to specify that barges to which the exemption apply 
are not required to undergo Coast Guard inspection or maintain 
certification. Those amendments did not define the volume of material 
that would constitute ``in bulk.'' The commenter said our rule would be 
ineffective without such a definition. We agree that, without more 
fully defining ``in bulk,'' it could be difficult for the regulated 
public and for the Coast Guard to know whether or not a particular 
barge can take advantage of the section 3302(m) exemption. The 
commenter pointed out that since 1996, the Coast Guard has had a policy 
of inspecting seagoing barges if they carry bulk flammable or 
combustible liquids, for the barge's own use--for example to operate an 
on board crane--and not as cargo, so long as the quantity of liquid 
amounts to at least 250 barrels. (We have placed in the docket a copy 
of an internal Coast Guard message dated April 18, 1996, establishing 
that policy.) The 250-barrel threshold is also used to define at what 
point a facility that transfers ``oil or hazardous material in bulk'' 
comes within the scope of 33 CFR part 154. 33 CFR 154.100(a). Although 
the commenter did not explicitly endorse adoption of the 250-barrel 
standard for determining the applicability of the section 3302(m) 
exemption, we think it is sensible to do so and our proposed rule 
defines ``in bulk'' as meaning a quantity, either as cargo or for the 
barge's operational use, of at least 250 barrels.
    The second submission related to the introductory paragraph of the 
46 U.S.C. 3302(m) exemption for ``unmanned'' seagoing barges that carry 
neither hazardous material nor flammable/combustible liquid in bulk. 
Our DFR amended Coast Guard regulations to specify that barges to which 
the exemption apply are not required to undergo Coast Guard inspection 
or maintain certification. Those amendments did not define when a 
vessel will be considered ``unmanned.'' The commenter said the rule 
would be ineffective without such a definition. He pointed out that 
even when the Coast Guard Officer in Charge, Marine Inspection (OCMI) 
determines that a seagoing barge needs no one on board to operate or 
navigate the barge, the OCMI allows persons to go on board the barge

[[Page 2150]]

to prepare it for transfer or offloading, a practice known as 
``permissive manning.'' Coast Guard regulations, 46 CFR 15.501 and 
15.801, authorize the Coast Guard OCMI to set the manning requirements 
for particular vessels, ``after consideration of the applicable laws, 
the regulations in [46 CFR part 15], and all other factors involved, 
such as: Emergency situations, * * * cargo carried, * * * degree of 
automation, use of labor saving devices, and the organizational 
structure of the vessel.'' 46 CFR 15.501(b). The OCMI may use this 
discretionary authority to allow permissive manning so that the barge 
can fulfill its function by transferring or offloading the cargo it has 
carried. Permissive manning is inherently temporary in nature. 
Therefore, we do not think temporary permissive manning should 
determine whether a barge is considered ``manned'' or ``unmanned'' for 
purposes of the section 3302(m) exemption. Consequently, in this 
proposed rule, we would define ``unmanned'' as ``unmanned for the 
purposes of barge operation or navigation.''

VI. Discussion of the Proposed Rule

    This proposed rule would amend eight Coast Guard regulations that 
refer to seagoing barges.
    Six of the regulations contain tables that summarize inspection and 
certificating requirements for various vessel types. The tables appear 
in 46 CFR 2.01-7, 24.05-1, 30.01-5, 70.05-1, 90.05-1, and 188.05-1. The 
tables indicate requirements that apply to seagoing barges without 
making note of the inspection exemption provided by 46 U.S.C. 3302(m), 
which Congress added in 1993. Public Law 103-206, 107 Stat. 2419. As 
first set forth in the withdrawn DFR, we are proposing to amend all of 
these tables to make it clear that seagoing barges are not subject to 
inspection and certification requirements if they are unmanned for the 
purposes of operating or navigating the barge, and carry neither a 
hazardous material as cargo nor a flammable or combustible liquid, 
including oil, in bulk quantities of 250 barrels or more.
    We are also proposing to amend 46 CFR 90.05-25 and 91.01-10 to 
replace definitions of ``seagoing barge'' that are based on that term's 
pre-1983 statutory definition. Section 90.05-25 would incorporate the 
definition of seagoing barge contained in 46 CFR 90.10-36, which was 
amended in 1997 to align with the 1983 language of 46 U.S.C. 2101(32). 
Section 91.01-10 would be revised to incorporate that same 1983 
language. As discussed in part IV of this preamble, before 1983 the 
``seagoing'' nature of seagoing barges depended on whether or not a 
barge made ``voyages on the high seas or ocean.'' Since 1983, however, 
46 U.S.C. 2101(32) has defined ``seagoing'' to mean that the barge 
makes voyages ``beyond the Boundary Line.'' The proposed amendments are 
structured differently from the amendments made to 46 CFR 90.05-25 and 
91.01-10 in the DFR, but substantively would have the same impact; in 
both cases sections 90.05-25 and 91.01-10 would be aligned with 46 
U.S.C. 2101(32). The two sections would also be revised to make it 
clear that only seagoing barges that are ineligible for the 46 U.S.C. 
3302(m) exemption need to be inspected and certified by the Coast 
Guard.

VII. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes or executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. This proposed rule has not been designated a 
``significant regulatory action'' under section 3(f) of E.O. 12866. 
Accordingly, the proposed rule has not been reviewed by the Office of 
Management and Budget (OMB). A regulatory assessment follows:
    This proposed rule would align 46 CFR 90.05-25, 46 CFR 91.01-10, 
and the vessel inspection tables in 46 CFR parts 2, 24, 30, 70, 90, and 
188 with the current statutory definition of ``seagoing barge,'' (``a 
non-self-propelled vessel of at least 100 gross tons * * * making 
voyages beyond the Boundary Line;'' 46 U.S.C. 2101(32)), and with the 
current statutory exemption for seagoing barges from inspection and 
certification when the barges are unmanned and not carrying hazardous 
material as cargo, or a flammable or combustible liquid, including oil, 
in bulk; 46 U.S.C. 3302(m).
    Based on 46 U.S.C. 2101(32) and 46 U.S.C. 3302(m), seagoing barges 
that do not need inspection are those that meet all of the following 
characteristics:
    1. Coastwise or oceans route;
    2. 100 gross tons or greater;
    3. Unmanned as determined by the OCMI; and
    4. Not carrying hazardous material as cargo, or a flammable or 
combustible liquid, including oil, in bulk.
    Because the Coast Guard would be aligning the text of the 
regulations with 46 U.S.C. 3302(m), only barges that are manned, or 
carrying hazardous material as cargo or a flammable or combustible 
liquid, including oil, in bulk would be inspected. We would define 
barges carrying hazardous material in bulk as those that carry 250 
barrels (10,500 gallons) or more, whether or not they are carrying this 
material as cargo or for the barge's own operational use. It has been 
Coast Guard policy since 1996 to set 250 barrels as the threshold for 
considering cargo to be carried ``in bulk,'' and we use that threshold 
in 33 CFR 154.100(a). The alignment made by this proposed rule, if 
promulgated, is therefore consistent with Coast Guard policy and 
regulatory definitions of ``in bulk.'' If owners or operators choose to 
inspect barges that are exempt from inspection, these owners or 
operators do so voluntarily and would voluntarily incur the cost. 
Therefore, this proposed rule would not impose any additional cost to 
the industry.
    The benefit of this proposed rule would be in eliminating 
regulatory ambiguity and aligning regulatory language with that of 
current statutes. It is Coast Guard policy not to require the 
inspection of seagoing barges that are eligible for the 46 U.S.C. 
3302(m) exemption. Therefore, we expect the proposed rule would not 
have additional beneficial impacts (or cost savings) for industry.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    As previously discussed, this proposed rule would align 46 CFR 
90.05-25, 46 CFR 91.01-10, and the vessel inspection table in 46 CFR 
parts 2, 24, 30, 70, 90, and 188 with the current statutory definition 
of ``seagoing

[[Page 2151]]

barge'' and with the current statutory exemption for certain seagoing 
barges from inspection and certification.
    This proposed rule, if promulgated, would not result in additional 
costs for small entities because the Coast Guard is aligning the text 
of the regulations with current statutory language. The Coast Guard 
currently does not require the inspection of 46 U.S.C. 3302(m)-exempt 
seagoing barges, so this proposed rule would impose no additional 
impacts (costs or cost savings) to small entities.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. If you think 
that your business, organization, or governmental jurisdiction 
qualifies as a small entity and that this rule would have a significant 
economic impact on it, please submit a comment to the Docket Management 
Facility at the address under ADDRESSES. In your comment, explain why 
you think it qualifies and how and to what degree this rule would 
economically affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult Mr. William 
Abernathy at (202) 372-1363 or by email at 
[email protected]. The Coast Guard will not retaliate 
against small entities that question or complain about this rule or any 
policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

D. Collection of Information

    This proposed rule would call for no new collection of information 
nor would it alter an existing collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

E. Federalism

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels. We 
have analyzed this proposed rule under that Order and have determined 
that it does not have implications for federalism.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

G. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

H. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This 
proposed rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under E.O. 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this proposed rule under E.O. 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under E.O. 12866 and is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act (15 U.S.C. 272 
note) directs agencies to use voluntary consensus standards in their 
regulatory activities unless the agency provides Congress, through the 
Office of Management and Budget, with an explanation of why using these 
standards would be inconsistent with applicable law or otherwise 
impractical. Voluntary consensus standards are technical standards 
(e.g., specifications of materials, performance, design, or operation; 
test methods; sampling procedures; and related management systems 
practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under the ``Public 
Participation and Request for Comments'' section of this preamble. This 
proposed rule is categorically excluded under section 2.B.2, figure 2-
1, paragraph (34)(a) and (d) of the Instruction. This proposed rule 
involves amendments to regulations which are editorial or procedural 
and regulations concerning documentation and inspection of vessels. We 
seek any comments or

[[Page 2152]]

information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects

46 CFR Part 2

    Marine safety, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 24

    Marine safety.

46 CFR Part 30

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

46 CFR Part 70

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 90

    Cargo vessels, Marine safety.

46 CFR Part 91

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 188

    Marine safety, Oceanographic research vessels.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 46 CFR parts 2, 24, 30, 70, 90, 91, and 188 as follows:

PART 2--VESSEL INSPECTIONS

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

    Authority: Sec. 622, Pub. L. 111-281; 33 U.S.C. 1903; 43 U.S.C. 
1333; 46 U.S.C. 2110, 3103, 3205, 3306, 3307, 3703; 46 U.S.C. 
Chapter 701; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
Department of Homeland Security Delegation No. 0170.1. Subpart 2.45 
also issued under the Act Dec. 27, 1950, Ch. 1155, secs. 1, 2, 64 
Stat. 1120 (see 46 U.S.C. App. Note prec. 1).

    2. In Sec.  2.01-7, Table 2.01-7(a) is revised to read as follows:


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

    (a) * * *

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

[[Page 2153]]

 
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry at least
                                                      1 passenger and
                                                      are ferries.
                                                     (iv) These
                                                      regulations do
                                                      not apply to--
                                                     (A) Recreational
                                                      vessels not
                                                      engaged in trade.
                                                     (B) Documented
                                                      cargo or tank
                                                      vessels issued a
                                                      permit to carry
                                                      16 or fewer
                                                      persons in
                                                      addition to the
                                                      crew.
                                                     (C) Fishing
                                                      vessels not
                                                      engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as
                                                      restricted by the
                                                      definition of
                                                      passenger.\7\
(2) Motor, seagoing motor        All vessels         (i) All vessels     All vessels,        All vessels not     All vessels engaged  All vessels
 vessels >=300 gross tons.        carrying            carrying more       including           covered by          in oceanographic     carrying cargoes
                                  combustible or      than 12             recreational        columns 2, 3, 4,    research.            in bulk that are
                                  flammable liquid    passengers on an    vessels, not        6, and 7.                                listed in part
                                  cargo in bulk.\5\   international       engaged in trade.                                            153, table 1, or
                                                      voyage, except      This does not                                                part 154, table
                                                      recreational        include vessels                                              4, or unlisted
                                                      vessels not         covered by                                                   cargoes that
                                                      engaged in          columns 2 and 3,                                             would otherwise
                                                      trade.\7\           and vessels                                                  be subject to
                                                     (ii) All ferries     engaged in the                                               these parts.\12\
                                                      <100 gross tons     fishing industry.
                                                      carrying more
                                                      than 6 passengers
                                                      and all ferries
                                                      >=100 gross tons
                                                      that carr y at
                                                      least 1
                                                      passenger..
                                                     (iii) These
                                                      regulations do
                                                      not apply to--
                                                     (A) Recreational
                                                      vessels not
                                                      engaged in trade.
                                                     (B) Documented
                                                      cargo or tank
                                                      vessels issued a
                                                      permit to carry
                                                      16 or fewer
                                                      persons in
                                                      addition to the
                                                      crew.
                                                     (C) Fishing
                                                      vessels not
                                                      engaged in ocean
                                                      or coastwise
                                                      service may carry
                                                      persons on the
                                                      legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as
                                                      restricted by the
                                                      definition of
                                                      passenger.\7\

[[Page 2154]]

 
(3) Non-self-propelled vessels   All vessels         (i) All vessels     All manned barges   All barges          None...............  All tank barges
 <100 gross tons.                 carrying            that--              except those        carrying                                 carrying cargoes
                                  combustible or     (A) Carry more       covered by          passengers or                            listed in Table
                                  flammable liquid    than 6 passengers-  columns 2 and 3.    passengers-for-                          151.05 of this
                                  cargo in bulk.\5\   for-hire whether                        hire except those                        chapter or
                                                      chartered or not,                       covered by column                        unlisted cargoes
                                                      or.                                     3.                                       that would
                                                     (B) Carry more                                                                    otherwise be
                                                      than 6 passengers                                                                subject to part
                                                      when chartered                                                                   151.1 11 12
                                                      with the crew
                                                      provided, or.
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and is a
                                                      submersible
                                                      vessel.\7\
                                                     (E) Carry more
                                                      than 12
                                                      passengers on an
                                                      international
                                                      voyage.
                                                     (F) Carry more
                                                      than 6 passengers
                                                      and are ferries.
(4) Non-self-propelled vessels   All vessels         (iii) All vessels   All seagoing        All barges          All seagoing barges  All tank barges
 >=100 gross tons.                carrying            that--              barges except a     carrying            engaged in           carrying cargoes
                                  combustible or     (A) Carry more       seagoing barge      passengers or       oceanographic        listed in Table
                                  flammable liquid    than 12             that is covered     passengers-for-     research.            151.05 of this
                                  cargo in bulk.\5\   passengers-for-     by column 2 or 3,   hire except those                        chapter or
                                                      hire whether        or that is          covered by                               unlisted cargoes
                                                      chartered or not,   unmanned for the    columns 3 and 6.                         that would
                                                      or.                 purposes of                                                  otherwise be
                                                     (B) Carry more       operating or                                                 subject to part
                                                      than 12             navigating the                                               151.1 11 12
                                                      passengers when     barge, and that
                                                      chartered with      carries neither a
                                                      the crew            hazardous
                                                      provided, or.       material as cargo
                                                     (C) Carry more       nor a flammable
                                                      than 12             or combustible
                                                      passengers when     liquid, including
                                                      chartered with no   oil, in bulk
                                                      crew provided, or.  quantities of 250
                                                     (D) Carry at least   barrels or more.
                                                      1 passenger-for-
                                                      hire and is a
                                                      submersible
                                                      vessel.\7\.
                                                     (E) Carry more
                                                      than 12
                                                      passengers on an
                                                      international
                                                      voyage.
                                                     (F) Carry at least
                                                      1 passenger and
                                                      are ferries.
(5) Sail \13\ vessels <=700      All vessels         (i) All vessels     All vessels         All vessels not     None...............  All vessels
 gross tons.                      carrying            carrying more       carrying            covered by                               carrying cargoes
                                  combustible or      than 12             dangerous           columns 2, 3, 4,                         in bulk that are
                                  flammable liquid    passengers on an    cargoes, when       and 6.                                   listed in part
                                  cargo in bulk.\5\   international       required by 46                                               153, table 1, or
                                                      voyage, except      CFR part 98.                                                 part 154, table
                                                      recreational                                                                     4, or unlisted
                                                      vessels not                                                                      cargoes that
                                                      engaged in                                                                       would otherwise
                                                      trade.\7\                                                                        be subject to
                                                     (ii) All vessels                                                                  these parts.\12\
                                                      <100 gross tons
                                                      that--.
                                                     (A) Carry more
                                                      than 6 passengers-
                                                      for-hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more
                                                      than 6 passengers
                                                      when chartered
                                                      with the crew
                                                      provided, or

[[Page 2155]]

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

[[Page 2156]]

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

[[Page 2157]]

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

[[Page 2158]]

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

PART 24--GENERAL PROVISIONS

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

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

0
4. In Sec.  24.05-1(a), Table 24.05-1(a) is revised to read as follows:


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

    (a) * * *

[[Page 2159]]



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

[[Page 2160]]

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

[[Page 2161]]

 
                                                     (E) Carry more
                                                      than 12
                                                      passengers on an
                                                      international
                                                      voyage.
                                                     (F) Carry more
                                                      than 6 passengers
                                                      and are ferries.
(4) Non-self-propelled vessels   All vessels         (iii) All vessels   All seagoing        All barges          All seagoing barges  All tank barges
 >=100 gross tons.                carrying            that--              barges except a     carrying            engaged in           carrying cargoes
                                  combustible or     (A) Carry more       seagoing barge      passengers or       oceanographic        listed in Table
                                  flammable liquid    than 12             that is covered     passengers-for-     research.            151.05 of this
                                  cargo in bulk.\5\   passengers-for-     by column 2 or 3,   hire except those                        chapter or
                                                      hire whether        or that is          covered by                               unlisted cargoes
                                                      chartered or not,   unmanned for the    columns 3 and 6.                         that would
                                                      or.                 purposes of                                                  otherwise be
                                                     (B) Carry more       operating or                                                 subject to part
                                                      than 12             navigating the                                               151.1 11 12
                                                      passengers when     barge, and that
                                                      chartered with      carries neither a
                                                      the crew            hazardous
                                                      provided, or.       material as cargo
                                                     (C) Carry more       nor a flammable
                                                      than 12             or combustible
                                                      passengers when     liquid, including
                                                      chartered with no   oil, in bulk
                                                      crew provided, or.  quantities of 250
                                                     (D) Carry at least   barrels or more.
                                                      1 passenger-for-
                                                      hire and is a
                                                      submersible
                                                      vessel.\7\.
                                                     (E) Carry more
                                                      than 12
                                                      passengers on an
                                                      international
                                                      voyage..
                                                     (F) Carry at least
                                                      1 passenger and
                                                      are ferries..
(5) Sail \13\ vessels <=700      All vessels         (i) All vessels     All vessels         All vessels not     None...............  All vessels
 gross tons.                      carrying            carrying more       carrying            covered by                               carrying cargoes
                                  combustible or      than 12             dangerous           columns 2, 3, 4,                         in bulk that are
                                  flammable liquid    passengers on an    cargoes, when       and 6.                                   listed in part
                                  cargo in bulk.\5\   international       required by 46                                               153, table 1, or
                                                      voyage, except      CFR part 98.                                                 part 154, table
                                                      recreational                                                                     4, or unlisted
                                                      vessels not                                                                      cargoes that
                                                      engaged in                                                                       would otherwise
                                                      trade.\7\                                                                        be subject to
                                                     (ii) All vessels                                                                  these parts.\12\
                                                      <100 gross tons
                                                      that--.
                                                     (A) Carry more
                                                      than 6 passengers-
                                                      for-hire whether
                                                      chartered or not,
                                                      or.
                                                     (B) Carry more
                                                      than 6 passengers
                                                      when chartered
                                                      with the crew
                                                      provided, or
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry more
                                                      than 6 passengers
                                                      and are ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--.

[[Page 2162]]

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

[[Page 2163]]

 
                                                     (B) Carry more
                                                      than 6 passengers
                                                      when chartered
                                                      with the crew
                                                      provided, or
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry more
                                                      than 6 passengers
                                                      and are ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--.
                                                     (A) Carry more
                                                      than 12
                                                      passengers-for-
                                                      hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with
                                                      the crew
                                                      provided, or.
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\.
                                                     (E) Carry at least
                                                      1 passenger and
                                                      are ferries..
                                                     (iv) These
                                                      regulations do
                                                      not apply to--
                                                     (A) Recreational
                                                      vessels not
                                                      engaged in trade.
                                                     (B) Documented
                                                      cargo or tank
                                                      vessels issued a
                                                      permit to carry
                                                      16 or fewer
                                                      persons in
                                                      addition to the
                                                      crew..
                                                     (C) Fishing
                                                      vessels not
                                                      engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as
                                                      restricted by the
                                                      definition of
                                                      passenger.\7\

[[Page 2164]]

 
(8) Steam, vessels >19.8 meters  All vessels         (i) All vessels     All vessels not     None..............  All vessels engaged  All vessels
 (65 feet) in length.             carrying            carrying more       covered by                              in oceanographic     carrying cargoes
                                  combustible or      than 12             columns 2, 3, 6,                        research.            in bulk that are
                                  flammable liquid    passengers on an    and 7.                                                       listed in part
                                  cargo in bulk.\5\   international                                                                    153, table 1, or
                                                      voyage, except                                                                   part 154, table
                                                      recreational                                                                     4, or unlisted
                                                      vessels not                                                                      cargoes that
                                                      engaged in                                                                       would otherwise
                                                      trade.\7\                                                                        be subject to
                                                     (ii) All vessels                                                                  these parts.\12\
                                                      <100 gross tons
                                                      that--.
                                                     (A) Carry more
                                                      than 6 passengers-
                                                      for-hire whether
                                                      chartered or not,
                                                      or.
                                                     (B) Carry more
                                                      than 6 passengers
                                                      when chartered
                                                      with the crew
                                                      provided, or
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry more
                                                      than 6 passengers
                                                      and are ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--.
                                                     (A) Carry more
                                                      than 12
                                                      passengers-for-
                                                      hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with
                                                      the crew
                                                      provided, or.
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\.
                                                     (E) Carry at least
                                                      1 passenger and
                                                      are ferries..

[[Page 2165]]

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

PART 30--GENERAL PROVISIONS

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

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

0
6. In Sec.  30.01-5, Table 30.01-5(d) is revised to read as follows:


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

* * * * *
    (d) * * *

[[Page 2166]]



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

[[Page 2167]]

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

[[Page 2168]]

 
                                                      (E) Carry more
                                                       than 12
                                                       passengers on an
                                                       international
                                                       voyage.
                                                      (F) Carry more
                                                       than 6 passengers
                                                       and are ferries..
(4) Non-self-propelled vessels    All vessels         (iii) All vessels   All seagoing        All barges          All seagoing        All tank barges
 [gteqt]100 gross tons.            carrying            that--              barges except a     carrying            barges engaged in   carrying cargoes
                                   combustible or     (A) Carry more       seagoing barge      passengers or       oceanographic       listed in Table
                                   flammable liquid    than 12             that is covered     passengers-for-     research            151.05 of this
                                   cargo in bulk.\5\   passengers-for-     by column 2 or 3,   hire except those                       chapter or
                                                       hire whether        or that is          covered by                              unlisted cargoes
                                                       chartered or not,   unmanned for the    columns 3 and 6                         that would
                                                       or.                 purposes of                                                 otherwise be
                                                      (B) Carry more       operating or                                                subject to part
                                                       than 12             navigating the                                              151 \1 11 12\
                                                       passengers when     barge, and that
                                                       chartered with      carries neither a
                                                       the crew            hazardous
                                                       provided, or.       material as cargo
                                                      (C) Carry more       nor a flammable
                                                       than 12             or combustible
                                                       passengers when     liquid, including
                                                       chartered with no   oil, in bulk
                                                       crew provided, or.  quantities of 250
                                                      (D) Carry at least   barrels or more
                                                       1 passenger-for-
                                                       hire and is a
                                                       submersible
                                                       vessel.\7\.
                                                      (E) Carry more
                                                       than 12
                                                       passengers on an
                                                       international
                                                       voyage..
                                                      (F) Carry at least
                                                       1 passenger and
                                                       are ferries..
(5) Sail \13\ vessels <=700       All vessels         (i) All vessels     All vessels         All vessels not     None..............  All vessels
 gross tons.                       carrying            carrying more       carrying            covered by                              carrying cargoes
                                   combustible or      than 12             dangerous           columns 2, 3, 4,                        in bulk that are
                                   flammable liquid    passengers on an    cargoes, when       and 6.                                  listed in part
                                   cargo in bulk.\5\   international       required by 46                                              153, table 1, or
                                                       voyage, except      CFR part 98.                                                part 154, table
                                                       recreational                                                                    4, or unlisted
                                                       vessels not                                                                     cargoes that
                                                       engaged in                                                                      would otherwise
                                                       trade.\7\                                                                       be subject to
                                                      (ii) All vessels                                                                 these parts.\12\
                                                       <100 gross tons
                                                       that--.
                                                      (A) Carry more
                                                       than 6 passengers-
                                                       for-hire whether
                                                       chartered or not,
                                                       or
                                                      (B) Carry more
                                                       than 6 passengers
                                                       when chartered
                                                       with the crew
                                                       provided, or
                                                      (C) Carry more
                                                       than 12
                                                       passengers when
                                                       chartered with no
                                                       crew provided, or
                                                      (D) Carry at least
                                                       1 passenger-for-
                                                       hire and are
                                                       submersible
                                                       vessels.\7\
                                                      (E) Carry more
                                                       than 6 passengers
                                                       and are ferries.
                                                      (iii) All vessels
                                                       >=100 gross tons
                                                       that--
                                                      (A) Carry more
                                                       than 12
                                                       passengers-for-
                                                       hire whether
                                                       chartered or not,
                                                       or

[[Page 2169]]

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

[[Page 2170]]

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

[[Page 2171]]

 
                                                      (A) Carry more
                                                       than 6 passengers-
                                                       for-hire whether
                                                       chartered or not,
                                                       or
                                                      (B) Carry more
                                                       than 6 passengers
                                                       when chartered
                                                       with the crew
                                                       provided, or
                                                      (C) Carry more
                                                       than 12
                                                       passengers when
                                                       chartered with no
                                                       crew provided, or
                                                      (D) Carry at least
                                                       1 passenger-for-
                                                       hire and are
                                                       submersible
                                                       vessels.\7\
                                                      (E) Carry more
                                                       than 6 passengers
                                                       and are ferries.
                                                      (iii) All vessels
                                                       >=100 gross tons
                                                       that--
                                                      (A) Carry more
                                                       than 12
                                                       passengers-for-
                                                       hire whether
                                                       chartered or not,
                                                       or
                                                      (B) Carry more
                                                       than 12
                                                       passengers when
                                                       chartered with
                                                       the crew
                                                       provided, or
                                                      (C) Carry more
                                                       than 12
                                                       passengers when
                                                       chartered with no
                                                       crew provided, or
                                                      (D) Carry at least
                                                       1 passenger-for-
                                                       hire and are
                                                       submersible
                                                       vessels.\7\
                                                      (E) Carry at least
                                                       1 passenger and
                                                       are ferries.
                                                      (iv) These
                                                       regulations do
                                                       not apply to--
                                                      (A) Recreational
                                                       vehicles not
                                                       engaged in trade.
                                                      (B) Documented
                                                       cargo or tank
                                                       vessels issued a
                                                       permit to carry
                                                       16 or fewer
                                                       persons in
                                                       addition to the
                                                       crew.
                                                      (C) Fishing
                                                       vessels not
                                                       engaged in ocean
                                                       or coastwise
                                                       service. Such
                                                       vessels may carry
                                                       persons on the
                                                       legitimate
                                                       business of the
                                                       vessel \6\ in
                                                       addition to the
                                                       crew, as
                                                       restricted by the
                                                       definition of
                                                       passenger.\7\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key to symbols used in this table: <= means less than or equal to; > means greater than; < means less than; and >= means greater than or equal to.
Footnotes:

[[Page 2172]]

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

* * * * *

PART 70--GENERAL PROVISIONS

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

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

0
8. In Sec.  70.05-1, Table 70.05-1(a) is revised to read as follows:


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

    (a) * * *

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

[[Page 2173]]

 
                                                      (B) Carry more
                                                       than 12
                                                       passengers when
                                                       chartered with
                                                       the crew
                                                       provided, or
                                                      (C) Carry more
                                                       than 12
                                                       passengers when
                                                       chartered with no
                                                       crew provided, or
                                                      (D) Carry at least
                                                       1 passenger-for-
                                                       hire and are
                                                       submersible
                                                       vessels.\7\
                                                      (E) Carry at least
                                                       1 passenger and
                                                       are ferries.
                                                      (iv) These
                                                       regulations do
                                                       not apply to--
                                                      (A) Recreational
                                                       vessels not
                                                       engaged in trade.
                                                      (B) Documented
                                                       cargo or tank
                                                       vessels issued a
                                                       permit to carry
                                                       16 or fewer
                                                       persons in
                                                       addition to the
                                                       crew.
                                                      (C) Fishing
                                                       vessels not
                                                       engaged in ocean
                                                       or coastwise
                                                       service. Such
                                                       vessels may carry
                                                       persons on the
                                                       legitimate
                                                       business of the
                                                       vessel \6\ in
                                                       addition to the
                                                       crew, as
                                                       restricted by the
                                                       definition of
                                                       passenger.\7\
(2) Motor, seagoing motor         All vessels         (i) All vessels     All vessels,        All vessels not     All vessels         All vessels
 vessels >=300 gross tons.         carrying            carrying more       including           covered by          engaged in          carrying cargoes
                                   combustible or      than 12             recreational        columns 2, 3, 4,    oceanographic       in bulk that are
                                   flammable liquid    passengers on an    vessels, not        6, and 7.           research.           listed in part
                                   cargo in bulk.\5\   international       engaged in trade.                                           153, table 1, or
                                                       voyage, except      This does not                                               part 154, table
                                                       recreational        include vessels                                             4, or unlisted
                                                       vessels not         covered by                                                  cargoes that
                                                       engaged in          columns 2 and 3,                                            would otherwise
                                                       trade.\7\           and vessels                                                 be subject to
                                                      (ii) All ferries     engaged in the                                              these parts.\12\
                                                       <100 gross tons     fishing industry.
                                                       carrying more
                                                       than 6 passengers
                                                       and all ferries
                                                       >=100 gross tons
                                                       that carry at
                                                       least 1
                                                       passenger..
                                                      (iii) These
                                                       regulations do
                                                       not apply to--
                                                      (A) Recreational
                                                       vessels not
                                                       engaged in trade.
                                                      (B) Documented
                                                       cargo or tank
                                                       vessels issued a
                                                       permit to carry
                                                       16 or fewer
                                                       persons in
                                                       addition to the
                                                       crew..

[[Page 2174]]

 
                                                      (C) Fishing
                                                       vessels not
                                                       engaged in ocean
                                                       or coastwise
                                                       service may carry
                                                       persons on the
                                                       legitimate
                                                       business of the
                                                       vessel \6\ in
                                                       addition to the
                                                       crew, as
                                                       restricted by the
                                                       definition of
                                                       passenger.\7\
(3) Non-self-propelled vessels    All vessels         (i) All vessels     All manned barges   All barges          None..............  All tank barges
 <100 gross tons.                  carrying            that--              except those        carrying                                carrying cargoes
                                   combustible or     (A) Carry more       covered by          passengers or                           listed in Table
                                   flammable liquid    than 6 passengers-  columns 2 and 3.    passengers-for-                         151.05 of this
                                   cargo in bulk.\5\   for-hire whether                        hire except those                       chapter or
                                                       chartered or not,                       covered by column                       unlisted cargoes
                                                       or.                                     3.                                      that would
                                                      (B) Carry more                                                                   otherwise be
                                                       than 6 passengers                                                               subject to part
                                                       when chartered                                                                  151.1 11 12
                                                       with the crew
                                                       provided, or.
                                                      (C) Carry more
                                                       than 12
                                                       passengers when
                                                       chartered with no
                                                       crew provided, or.
                                                      (D) Carry at least
                                                       1 passenger-for-
                                                       hire and is a
                                                       submersible
                                                       vessel.\7\.
                                                      (E) Carry more
                                                       than 12
                                                       passengers on an
                                                       international
                                                       voyage..
                                                      (F) Carry more
                                                       than 6 passengers
                                                       and are ferries..
(4) Non-self-propelled vessels    All vessels         (iii) All vessels   All seagoing        All barges          All seagoing        All tank barges
 100 gross tons.        carrying            that--              barges except a     carrying            barges engaged in   carrying cargoes
                                   combustible or     (A) Carry more       seagoing barge      passengers or       oceanographic       listed in Table
                                   flammable liquid    than 12             that is covered     passengers-for-     research.           151.05 of this
                                   cargo in bulk.\5\   passengers-for-     by column 2 or 3,   hire except those                       chapter or
                                                       hire whether        or that is          covered by                              unlisted cargoes
                                                       chartered or not,   unmanned for the    columns 3 and 6.                        that would
                                                       or.                 purposes of                                                 otherwise be
                                                      (B) Carry more       operating or                                                subject to part
                                                       than 12             navigating the                                              151.1 11 12
                                                       passengers when     barge, and that
                                                       chartered with      carries neither a
                                                       the crew            hazardous
                                                       provided, or.       material as cargo
                                                      (C) Carry more       nor a flammable
                                                       than 12             or combustible
                                                       passengers when     liquid, including
                                                       chartered with no   oil, in bulk
                                                       crew provided, or.  quantities of 250
                                                      (D) Carry at least   barrels or more.
                                                       1 passenger-for-
                                                       hire and is a
                                                       submersible
                                                       vessel.\7\.
                                                      (E) Carry more
                                                       than 12
                                                       passengers on an
                                                       international
                                                       voyage..
                                                      (F) Carry at least
                                                       1 passenger and
                                                       are ferries..

[[Page 2175]]

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

[[Page 2176]]

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

[[Page 2177]]

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

[[Page 2178]]

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


[[Page 2179]]

* * * * *

PART 90--GENERAL PROVISIONS

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

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

0
10. In Sec.  90.05-1, Table 90.05-1(a) is revised to read as follows:


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

    (a) * * *

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

[[Page 2180]]

 
                                                     (B) Documented
                                                      cargo or tank
                                                      vessels issued a
                                                      permit to carry
                                                      16 or fewer
                                                      persons in
                                                      addition to the
                                                      crew.
                                                     (C) Fishing
                                                      vessels not
                                                      engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as
                                                      restricted by the
                                                      definition of
                                                      passenger.\7\
(2) Motor, seagoing motor        All vessels         (i) All vessels     All vessels,        All vessels not     All vessels engaged  All vessels
 vessels >300 gross tons.         carrying            carrying more       including           covered by          in oceanographic     carrying cargoes
                                  combustible or      than 12             recreational        columns 2, 3, 4,    research.            in bulk that are
                                  flammable liquid    passengers on an    vessels, not        6, and 7.                                listed in part
                                  cargo in bulk.\5\   international       engaged in trade.                                            153, table 1, or
                                                      voyage, except      This does not                                                part 154, table
                                                      recreational        include vessels                                              4, or unlisted
                                                      vessels not         covered by                                                   cargoes that
                                                      engaged in          columns 2 and 3,                                             would otherwise
                                                      trade.\7\           and vessels                                                  be subject to
                                                     (ii) All ferries     engaged in the                                               these parts.\12\
                                                      <100 gross tons     fishing industry.
                                                      carrying more
                                                      than 6 passengers
                                                      and all ferries
                                                      >=100 gross tons
                                                      that carry at
                                                      least 1
                                                      passenger..
                                                     (iii) These
                                                      regulations do
                                                      not apply to--
                                                     (A) Recreational
                                                      vessels not
                                                      engaged in trade.
                                                     (B) Documented
                                                      cargo or tank
                                                      vessels issued a
                                                      permit to carry
                                                      16 or fewer
                                                      persons in
                                                      addition to the
                                                      crew.
                                                     (C) Fishing
                                                      vessels not
                                                      engaged in ocean
                                                      or coastwise
                                                      service may carry
                                                      persons on the
                                                      legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as
                                                      restricted by the
                                                      definition of
                                                      passenger.\7\
(3) Non-self-propelled vessels   All vessels         (i) All vessels     All manned barges   All barges          None...............  All tank barges
 <100 gross tons.                 carrying            that--              except those        carrying                                 carrying cargoes
                                  combustible or     (A) Carry more       covered by          passengers or                            listed in Table
                                  flammable liquid    than 6 passengers-  columns 2 and 3.    passengers-for-                          151.05 of this
                                  cargo in bulk.\5\   for-hire whether                        hire except those                        chapter or
                                                      chartered or not,                       covered by column                        unlisted cargoes
                                                      or.                                     3.                                       that would
                                                     (B) Carry more                                                                    otherwise be
                                                      than 6 passengers                                                                subject to part
                                                      when chartered                                                                   151.1 11 12
                                                      with the crew
                                                      provided, or.

[[Page 2181]]

 
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and is a
                                                      submersible
                                                      vessel.\7\
                                                     (E) Carry more
                                                      than 12
                                                      passengers on an
                                                      international
                                                      voyage.
                                                     (F) Carry more
                                                      than 6 passengers
                                                      and are ferries.
(4) Non-self-propelled vessels   All vessels         (iii) All vessels   All seagoing        All barges          All seagoing barges  All tank barges
 >=100 gross tons.                carrying            that--              barges except a     carrying            engaged in           carrying cargoes
                                  combustible or     (A) Carry more       seagoing barge      passengers or       oceanographic        listed in Table
                                  flammable liquid    than 12             that is covered     passengers-for-     research.            151.05 of this
                                  cargo in bulk.\5\   passengers-for-     by column 2 or 3,   hire except those                        chapter or
                                                      hire whether        or that is          covered by                               unlisted cargoes
                                                      chartered or not,   unmanned for the    columns 3 and 6.                         that would
                                                      or.                 purposes of                                                  otherwise be
                                                     (B) Carry more       operating or                                                 subject to part
                                                      than 12             navigating the                                               151.1 11 12
                                                      passengers when     barge, and that
                                                      chartered with      carries neither a
                                                      the crew            hazardous
                                                      provided, or.       material as cargo
                                                     (C) Carry more       nor a flammable
                                                      than 12             or combustible
                                                      passengers when     liquid, including
                                                      chartered with no   oil, in bulk
                                                      crew provided, or.  quantities of 250
                                                     (D) Carry at least   barrels or more.
                                                      1 passenger-for-
                                                      hire and is a
                                                      submersible
                                                      vessel.\7\.
                                                     (E) Carry more
                                                      than 12
                                                      passengers on an
                                                      international
                                                      voyage.
                                                     (F) Carry at least
                                                      1 passenger and
                                                      are ferries.
(5) Sail \13\ vessels <=700      All vessels         (i) All vessels     All vessels         All vessels not     None...............  All vessels
 gross tons.                      carrying            carrying more       carrying            covered by                               carrying cargoes
                                  combustible or      than 12             dangerous           columns 2, 3, 4,                         in bulk that are
                                  flammable liquid    passengers on an    cargoes, when       and 6.                                   listed in part
                                  cargo in bulk.\5\   international       required by 46                                               153, table 1, or
                                                      voyage, except      CFR part 98.                                                 part 154, table
                                                      recreational                                                                     4, or unlisted
                                                      vessels not                                                                      cargoes that
                                                      engaged in                                                                       would otherwise
                                                      trade.\7\                                                                        be subject to
                                                     (ii) All vessels                                                                  these parts.\12\
                                                      <100 gross tons
                                                      that--.
                                                     (A) Carry more
                                                      than 6 passengers-
                                                      for-hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more
                                                      than 6 passengers
                                                      when chartered
                                                      with the crew
                                                      provided, or
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry more
                                                      than 6 passengers
                                                      and are ferries.

[[Page 2182]]

 
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more
                                                      than 12
                                                      passengers-for-
                                                      hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with
                                                      the crew
                                                      provided, or
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry at least
                                                      1 passenger and
                                                      are ferries.
                                                     (iv) These
                                                      regulations do
                                                      not apply to--
                                                     (A) Recreational
                                                      vehicles not
                                                      engaged in trade.
                                                     (B) Documented
                                                      cargo or tank
                                                      vessels issued a
                                                      permit to carry
                                                      16 or fewer
                                                      persons in
                                                      addition to the
                                                      crew.
                                                     (C) Fishing
                                                      vessels, not
                                                      engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as
                                                      restricted by the
                                                      definition of
                                                      passenger.\7\
(6) Sail \13\ vessels >700       All vessels         (i) All vessels     All vessels         None..............  None...............  All vessels
 gross tons.                      carrying            carrying            carrying                                                     carrying cargoes
                                  combustible or      passengers or       dangerous                                                    in bulk that are
                                  flammable liquid    passengers-for-     cargoes, when                                                listed in part
                                  cargo in bulk.\5\   hire, except        required by 46                                               153, table 1, or
                                                      recreational        CFR part 9.                                                  part 154, table
                                                      vessels.\7\                                                                      4, or unlisted
                                                     (ii) All ferries                                                                  cargoes that
                                                      that carry at                                                                    would otherwise
                                                      least 1                                                                          be subject to
                                                      passenger..                                                                      these parts.\12\
(7) Steam, vessels <=19.8        All vessels         (i) All vessels     All tugboats and    All vessels not     None...............  All vessels
 meters (65 feet) in length.      carrying            carrying more       towboats. All       covered by                               carrying cargoes
                                  combustible or      than 12             vessels carrying    columns 2, 3, 4,                         in bulk that are
                                  flammable liquid    passengers on an    dangerous           and 6.                                   listed in part
                                  cargo in bulk.\5\   international       cargoes, when                                                153, table 1, or
                                                      voyage, except      required by 46                                               part 154, table
                                                      recreational        CFR part 98.                                                 4, or unlisted
                                                      vessels not                                                                      cargoes that
                                                      engaged in                                                                       would otherwise
                                                      trade.\7\                                                                        be subject to
                                                     (ii) All vessels                                                                  these parts.\12\
                                                      <100 gross tons
                                                      that--.
                                                     (A) Carry more
                                                      than 6 passengers-
                                                      for-hire whether
                                                      chartered or not,
                                                      or

[[Page 2183]]

 
                                                     (B) Carry more
                                                      than 6 passengers
                                                      when chartered
                                                      with the crew
                                                      provided, or
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry more
                                                      than 6 passengers
                                                      and are ferries.
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more
                                                      than 12
                                                      passengers-for-
                                                      hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with
                                                      the crew
                                                      provided, or
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry at least
                                                      1 passenger and
                                                      are ferries.
                                                     (iv) These
                                                      regulations do
                                                      not apply to--
                                                     (A) Recreational
                                                      vessels not
                                                      engaged in trade.
                                                     (B) Documented
                                                      cargo or tank
                                                      vessels issued a
                                                      permit to carry
                                                      16 or fewer
                                                      persons in
                                                      addition to the
                                                      crew.
                                                     (C) Fishing
                                                      vessels not
                                                      engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as
                                                      restricted by the
                                                      definition of
                                                      passenger.\7\

[[Page 2184]]

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

[[Page 2185]]

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

* * * * *
0
11. In Sec.  90.05-25, paragraph (a) is revised to read as follows:


Sec.  90.05-25  Seagoing barge.

    (a) Each seagoing barge, as defined in 46 CFR 90.10-36, is subject 
to inspection and certification; except that a seagoing barge is exempt 
from those requirements if it is unmanned for the purposes of operating 
or navigating the barge, and carries neither a hazardous material as 
cargo nor a flammable or combustible liquid, including oil, in bulk 
quantities of 250 barrels or more.
* * * * *

PART 91--INSPECTION AND CERTIFICATION

0
12. The authority citation for part 91 continues to read as follows:

    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 3205, 3306, 3307; 46 
U.S.C. Chapter 701; Executive Order 12234; 45 FR 58801; 3 CFR, 1980 
Comp., p. 277; Executive Order 12777, 56 FR 54757, 3 CFR, 1991 
Comp., p. 351; Department of Homeland Security Delegation No. 
0170.1.

0
13. In Sec.  91.01-10, paragraph (c) is revised to read as follows:


Sec.  91.01-10  Period of validity for a Certificate of Inspection.

* * * * *
    (c) The master or owner of a seagoing barge for which inspection 
and certification is required by 46 CFR 90.05-25(a), or the master or 
owner's agent, may apply for a certificate of inspection that is valid 
for a specific period less than 5 years, or for a specific voyage. The 
certificate will describe the conditions under which it is issued, and 
will be endorsed as applying to an unmanned seagoing barge. Paragraph 
(c) of this section applies if the seagoing barge-
    (1) Makes a voyage beyond the Boundary Line for the sole purpose of 
changing employment; or
    (2) Makes a voyage beyond the Boundary Line only infrequently and 
after doing so returns to its port of departure.

PART 188--GENERAL PROVISIONS

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

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

0
15. In Sec.  188.05-1, Table 188.05-1(a), is revised to read as 
follows:


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

    (a) * * *

[[Page 2186]]



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

[[Page 2187]]

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

[[Page 2188]]

 
                                                     (E) Carry more
                                                      than 12
                                                      passengers on an
                                                      international
                                                      voyage.
                                                     (F) Carry more
                                                      than 6 passengers
                                                      and are ferries.
(4) Non-self-propelled vessels   All vessels         (iii) All vessels   All seagoing        All barges          All seagoing barges  All tank barges
 >=100 gross tons.                carrying            that--              barges except a     carrying            engaged in           carrying cargoes
                                  combustible or     (A) Carry more       seagoing barge      passengers or       oceanographic        listed in Table
                                  flammable liquid    than 12             that is covered     passengers-for-     research.            151.05 of this
                                  cargo in bulk.\5\   passengers-for-     by column 2 or 3,   hire except those                        chapter or
                                                      hire whether        or that is          covered by                               unlisted cargoes
                                                      chartered or not,   unmanned for the    columns 3 and 6.                         that would
                                                      or.                 purposes of                                                  otherwise be
                                                     (B) Carry more       operating or                                                 subject to part
                                                      than 12             navigating the                                               151.1 11 12
                                                      passengers when     barge, and that
                                                      chartered with      carries neither a
                                                      the crew            hazardous
                                                      provided, or.       material as cargo
                                                     (C) Carry more       nor a flammable
                                                      than 12             or combustible
                                                      passengers when     liquid, including
                                                      chartered with no   oil, in bulk
                                                      crew provided, or.  quantities of 250
                                                     (D) Carry at least   barrels or more.
                                                      1 passenger-for-
                                                      hire and is a
                                                      submersible
                                                      vessel.\7\.
                                                     (E) Carry more
                                                      than 12
                                                      passengers on an
                                                      international
                                                      voyage.
                                                     (F) Carry at least
                                                      1 passenger and
                                                      are ferries.
(5) Sail \13\ vessels <=700      All vessels         (i) All vessels     All vessels         All vessels not     None...............  All vessels
 gross tons.                      carrying            carrying more       carrying            covered by                               carrying cargoes
                                  combustible or      than 12             dangerous           columns 2, 3, 4,                         in bulk that are
                                  flammable liquid    passengers on an    cargoes, when       and 6.                                   listed in part
                                  cargo in bulk.\5\   international       required by 46                                               153, table 1, or
                                                      voyage, except      CFR part 98.                                                 part 154, table
                                                      recreational                                                                     4, or unlisted
                                                      vessels not                                                                      cargoes that
                                                      engaged in                                                                       would otherwise
                                                      trade.\7\                                                                        be subject to
                                                     (ii) All vessels                                                                  these parts.\12\
                                                      <100 gross tons
                                                      that--.
                                                     (A) Carry more
                                                      than 6 passengers-
                                                      for-hire whether
                                                      chartered or not,
                                                      or.
                                                     (B) Carry more
                                                      than 6 passengers
                                                      when chartered
                                                      with the crew
                                                      provided, or
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry more
                                                      than 6 passengers
                                                      and are ferries.
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--(A) Carry
                                                      more than 12
                                                      passengers-for-
                                                      hire whether
                                                      chartered or not,
                                                      or

[[Page 2189]]

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

[[Page 2190]]

 
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry more
                                                      than 6 passengers
                                                      and are ferries.
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more
                                                      than 12
                                                      passengers-for-
                                                      hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with
                                                      the crew
                                                      provided, or
                                                     (C) Carry more
                                                      than 12
                                                      passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry at least
                                                      1 passenger and
                                                      are ferries.
                                                     (iv) These
                                                      regulations do
                                                      not apply to--
                                                     (A) Recreational
                                                      vessels not
                                                      engaged in trade.
                                                     (B) Documented
                                                      cargo or tank
                                                      vessels issued a
                                                      permit to carry
                                                      16 or fewer
                                                      persons in
                                                      addition to the
                                                      crew.
                                                     (C) Fishing
                                                      vessels not
                                                      engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as
                                                      restricted by the
                                                      definition of
                                                      passenger.\7\

[[Page 2191]]

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

[[Page 2192]]

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


    Dated: November 16, 2012.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2012-30984 Filed 1-8-13; 8:45 am]
BILLING CODE 9110-04-P