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Electronic Code of Federal Regulations

e-CFR Data is current as of April 17, 2014

Title 46: Shipping
PART 90—GENERAL PROVISIONS


Subpart 90.05—Application


Contents
§90.05-1   Vessels subject to requirements of this subchapter.
§90.05-5   Specific application noted in text.
§90.05-7   Ocean or unlimited coastwise vessels on inland and Great Lakes routes.
§90.05-10   Application to vessels on an international voyage.
§90.05-20   Applicability to offshore supply vessels.
§90.05-25   Seagoing barge.
§90.05-35   Flammable and combustible liquid cargo in bulk.

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

(a) This subchapter is applicable to all U.S.-flag vessels indicated in Column 4 of Table 90.05-1(a) and to all such foreign-flag vessels which carry 12 or fewer passengers from any port in the United States to the extent prescribed by law, except as follows:

(1) Any vessel of a foreign nation signatory to the International Convention for Safety of Life at Sea, 1974, and which has on board a current, valid safety equipment certificate.

(2) Any vessel operating exclusively on inland waters which are not navigable waters of the United States.

(3) Any vessel while laid up and dismantled and out of commission.

(4) With the exception of vessels of the U.S. Maritime Administration, any vessel with title vested in the United States and which is used for public purposes.

(b) Notwithstanding the exception previously noted in paragraph (a)(1) of this section, foreign vessels of novel design or construction or whose operation involves potential unusual risks shall be subject to inspection to the extent necessary to safeguard life and property in United States ports, as further provided by §2.01-13 of subchapter A (Procedures Applicable to the Public) of this chapter.

(c) Notwithstanding the exception noted in paragraph (a)(1) of this section, each foreign vessel shall report marine casualties occurring while the vessel is in the navigable waters of the United States as required by Subpart 97.07.

Table 90.05-1(a)

Method of propulsion, qualified by size or other limitation1Vessels inspected and certificated under Subchapter D—Tank Vessels2Vessels inspected and certificated under Subchapter H—Passenger Vessels2 3 4 5 or Subchapter K or T—Small Passenger Vessels2 3 4Vessels inspected and certificated under Subchapter I—Cargo and Miscellaneous Vessels2 5Vessels subject to the provisions of Subchapter C—Uninspected
Vessels2 3 6 7 8
Vessels subject to the provisions of Subchapter U—Oceanographic
Vessels2 3 6 7 9
Vessels subject to the provisions of Subchapter O—Certain Bulk and Dangerous Cargoes10
Column 1Column 2Column 3Column 4Column 5Column 6Column 7
(1) Motor, all vessels except seagoing motor vessels ≥300 gross tonsAll vessels carrying combustible or flammable liquid cargo in bulk.5(i) All vessels carrying more than 12 passengers on an international voyage, except recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons that—
All vessels >15 gross tons carrying freight-for-hire, except those covered by columns 2 and 3. All vessels carrying dangerous cargoes, when required by 46 CFR part 98All vessels not covered by columns 2, 3, 4, and 6NoneAll vessels carrying cargoes in bulk that are listed in part 153, table 1, or part 154, table 4, or unlisted cargoes that would otherwise be subject to these parts.12
   (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 vessels7
   (E) Carry at least 1 passenger and are ferries
   (iv) These regulations do not apply to—
   (A) Recreational vessels not engaged in trade
   (B) Documented cargo or tank vessels issued a permit to carry 16 or fewer persons in addition to the crew
   (C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons on the legitimate business of the vessel6 in addition to the crew, as restricted by the definition of passenger.7
(2) Motor, seagoing motor vessels ≥300 gross tonsAll vessels carrying combustible or flammable liquid cargo in bulk.5(i) All vessels carrying more than 12 passengers on an international voyage, except recreational vessels not engaged in trade.7All vessels, including recreational vessels, not engaged in trade. This does not include vessels covered by columns 2 and 3, and vessels engaged in the fishing industryAll vessels not covered by columns 2, 3, 4, 6, and 7All vessels engaged in oceanographic researchAll vessels carrying cargoes in bulk that are listed in part 153, table 1, or part 154, table 4, or unlisted cargoes that would otherwise be subject to these parts.12
   (ii) All ferries <100 gross tons carrying more than 6 passengers and all ferries ≥100 gross tons that carry at least 1 passenger
   (iii) These regulations do not apply to—
   (A) Recreational vessels not engaged in trade
   (B) Documented cargo or tank vessels issued a permit to carry 16 or fewer persons in addition to the crew
   (C) Fishing vessels not engaged in ocean or coastwise service may carry persons on the legitimate business of the vessel6 in addition to the crew, as restricted by the definition of passenger.7
(3) Non-self-propelled vessels <100 gross tonsAll vessels carrying combustible or flammable liquid cargo in bulk.5(i) All vessels 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
All manned barges except those covered by columns 2 and 3All barges carrying passengers or passengers-for-hire except those covered by column 3NoneAll tank barges carrying cargoes listed in Table 151.05 of this chapter or unlisted cargoes that would otherwise be subject to part 151.1 11 12
   (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 ≥100 gross tonsAll vessels carrying combustible or flammable liquid cargo in bulk.5(iii) All vessels 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
All seagoing barges except a seagoing barge that is covered by column 2 or 3, or that is unmanned for the purposes of operating or navigating the barge, and that carries neither a hazardous material as cargo nor a flammable or combustible liquid, including oil, in bulk quantities of 250 barrels or moreAll barges carrying passengers or passengers-for-hire except those covered by columns 3 and 6All seagoing barges engaged in oceanographic researchAll tank barges carrying cargoes listed in Table 151.05 of this chapter or unlisted cargoes that would otherwise be subject to part 151.1 11 12
   (D) Carry at least 1 passenger-for-hire and is a submersible vessel7
   (E) Carry more than 12 passengers on an international voyage
   (F) Carry at least 1 passenger and are ferries
(5) Sail13 vessels ≤700 gross tonsAll vessels carrying combustible or flammable liquid cargo in bulk.5(i) All vessels carrying more than 12 passengers on an international voyage, except recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons that—
All vessels carrying dangerous cargoes, when required by 46 CFR part 98All vessels not covered by columns 2, 3, 4, and 6NoneAll vessels carrying cargoes in bulk that are listed in part 153, table 1, or part 154, table 4, or unlisted cargoes that would otherwise be subject to these parts.12
   (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 vessels7
   (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 vessels7
   (E) Carry at least 1 passenger and are ferries
   (iv) These regulations do not apply to—
   (A) Recreational vehicles not engaged in trade
   (B) Documented cargo or tank vessels issued a permit to carry 16 or fewer persons in addition to the crew
   (C) Fishing vessels, not engaged in ocean or coastwise service. Such vessels may carry persons on the legitimate business of the vessel6 in addition to the crew, as restricted by the definition of passenger.7
(6) Sail13 vessels >700 gross tonsAll vessels carrying combustible or flammable liquid cargo in bulk.5(i) All vessels carrying passengers or passengers-for-hire, except recreational vessels7
(ii) All ferries that carry at least 1 passenger
All vessels carrying dangerous cargoes, when required by 46 CFR part 98NoneNoneAll vessels carrying cargoes in bulk that are listed in part 153, table 1, or part 154, table 4, or unlisted cargoes that would otherwise be subject to these parts.12
(7) Steam, vessels ≤19.8 meters (65 feet) in lengthAll vessels carrying combustible or flammable liquid cargo in bulk.5(i) All vessels carrying more than 12 passengers on an international voyage, except recreational vessels not engaged in trade7
(ii) All vessels <100 gross tons that—
(A) Carry more than 6 passengers-for-hire whether chartered or not, or
All tugboats and towboats. All vessels carrying dangerous cargoes, when required by 46 CFR part 98All vessels not covered by columns 2, 3, 4, and 6NoneAll vessels carrying cargoes in bulk that are listed in part 153, table 1, or part 154, table 4, or unlisted cargoes that would otherwise be subject to these parts.12
   (B) Carry more than 6 passengers when chartered with the crew provided, or
   (C) Carry more than 12 passengers when chartered with no crew provided, or
   (D) Carry at least 1 passenger-for-hire and are submersible vessels7
   (E) Carry more than 6 passengers and are ferries
   (iii) All vessels ≥100 gross tons that—
   (A) Carry more than 12 passengers-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 vessels7
   (E) Carry at least 1 passenger and are ferries
   (iv) These regulations do not apply to—
   (A) Recreational vessels not engaged in trade
   (B) Documented cargo or tank vessels issued a permit to carry 16 or fewer persons in addition to the crew
   (C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons on the legitimate business of the vessel6 in addition to the crew, as restricted by the definition of passenger.7
(8) Steam, vessels >19.8 meters (65 feet) in lengthAll vessels carrying combustible or flammable liquid cargo in bulk.5(i) All vessels carrying more than 12 passengers on an international voyage, except recreational vessels not engaged in trade.7
(ii) All vessels <100 gross tons that—
(A) Carry more than 6 passengers-for-hire whether chartered or not, or
All vessels not covered by columns 2, 3, 6, and 7NoneAll vessels engaged in oceanographic researchAll vessels carrying cargoes in bulk that are listed in part 153, table 1, or part 154, table 4, or unlisted cargoes that would otherwise be subject to these parts.12
   (B) Carry more than 6 passengers when chartered with the crew provided, or
   (C) Carry more than 12 passengers when chartered with no crew provided, or
   (D) Carry at least 1 passenger-for-hire and are submersible vessels7
   (E) Carry more than 6 passengers and are ferries.
   (iii) All vessels ≥100 gross tons that—
   (A) Carry more than 12 passengers-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 vessels7
   (E) Carry at least 1 passenger and are ferries
   (iv) These regulations do not apply to—
   (A) Recreational vehicles not engaged in trade
   (B) Documented cargo or tank vessels issued a permit to carry 16 or fewer persons in addition to the crew
   (C) Fishing vessels not engaged in ocean or coastwise service. Such vessels may carry persons on the legitimate business of the vessel6 in addition to the crew, as restricted by the definition of passenger.7

Key to symbols used in this table: ≤means less than or equal to; >means greater than; <means less than; and ≥means greater than or equal to.

Footnotes:

1Where 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.

2Subchapters 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.

3Public 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.

4Subchapter 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.

5Vessels 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.

6Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).

7The 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.

8Boilers and machinery are subject to examination on vessels over 40 feet in length.

9Under 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.

10Bulk 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.

11For manned tankbarges, see §151.01-10(c) of this chapter.

12See §151.01-15, 153.900(d), or 154.30 of this chapter as appropriate.

13Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.

[CGFR 65-50, 30 FR 16970, Dec. 30, 1965, as amended by CGFR 67-83, 33 FR 1109, Jan. 27, 1968; CGFR 70-10, 35 FR 3711, Feb. 25, 1970; CGD 73-96, 42 FR 49025, Sept. 26, 1977; CGD 77-042, 42 FR 63643, Dec. 19, 1977; CGD 86-033, 53 FR 36025, Sept. 16, 1988; CGD 86-033, 53 FR 46871, Nov. 21, 1988; CGD 90-008, 55 FR 30661, July 26, 1990; USCG-1999-5040, 67 FR 34792, May 15, 2002; USCG-2008-1107, 74 FR 63655, Dec. 4, 2009; USCG-2011-0363, 78 FR 53320, Aug. 29, 2013]

§90.05-5   Specific application noted in text.

(a) At the beginning of the various parts, subparts, and sections, a more specific application is generally given for the particular portion of the text involved. This application sets forth the types, sizes, or services or vessels to which the text pertains, and in many cases limits the application of the text to vessels contracted for before or after a specific date. As used in this subchapter, the term “vessels contracted for” includes not only the contracting for the construction of a vessel, but also the contracting for a material alteration to a vessel, the contracting for the conversion of a vessel to a cargo or miscellaneous vessel, and the changing of service or route of a vessel if such change increases or modifies the general requirements for the vessel or increases the hazards to which it might be subjected.

§90.05-7   Ocean or unlimited coastwise vessels on inland and Great Lakes routes.

(a) Vessels inspected and certificated for ocean or unlimited coastwise routes shall be considered suitable for navigation insofar as the provisions of this subchapter are concerned on any inland routes, including the Great Lakes.

§90.05-10   Application to vessels on an international voyage.

(a) Except for yachts and fishing vessels and as provided in paragraphs (b), (c), and (d) of this section, the regulations in this subchapter that apply to a vessel on an “international voyage” apply to a vessel that—

(1) Is mechanically propelled and of at least 500 gross tons; and

(2) Is engaged on a voyage—

(i) From a country to which the International Convention for Safety of Life at Sea, 1974, (SOLAS 74) applies, to a port outside that country or the reverse;

(ii) From any territory, including the Commonwealth of Puerto Rico, all possessions of the United States and all lands held by the United States under a protectorate or mandate, whose international relations are the responsibility of a contracting SOLAS 74 government, or which is administered by the United Nations, to a port outside the territory or the reverse; or

(iii) Between the contiguous states of the United States and the states of Hawaii or Alaska or between the states of Hawaii and Alaska.

(b) The regulations that apply to a vessel on an “international voyage” in this subchapter do not apply to ships engaged on a voyage solely on the Great Lakes and the St. Lawrence River as far east as a straight line drawn from Cap de Rosiers to West Point, Anticosti Island, the 63d Meridian;

(c) The Commandant or his authorized representative may exempt any vessel on an international voyage from the requirements of this subchapter if the vessel—

(1) Makes a single international voyage in exceptional circumstances; and

(2) Meets safety requirements prescribed for the voyage by the Commandant.

(d) The Commandant or his authorized representative may exempt any vessel from the construction requirements of this subchapter if the vessel does not proceed more than 20 nautical miles from the nearest land in the course of its voyage.

[CGD 72-131R, 38 FR 29320, Oct. 24, 1973, as amended by CGD 90-008, 55 FR 30661, July 26, 1990; CGD 84-069, 61 FR 25288, May 20, 1996]

§90.05-20   Applicability to offshore supply vessels.

(a) Existing offshore supply vessels as defined by §90.10-40(b), if they are of 100 or more but of less than 500 gross tons, are subject to inspection under this subchapter. New offshore supply vessels as defined by §90.10-40(c), are subject to inspection under subchapter L of this chapter.

(b) Each offshore supply vessel permitted grandfathering under paragraph (a) of this section must complete construction and have a Certificate of Inspection by March 16, 1998.

[CGD 82-004 and CGD 86-074, 62 FR 49321, Sept. 19, 1997]

§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.

(b) In applying the laws and regulations to manned seagoing barges, one criterion for invocation of safety standards is the description of seagoing barges by relative size in gross tons. When it is determined by the Commandant that the gross register tonnage for a particular manned seagoing barge, which is attained by exemptions, reductions, or other devices in the basic gross tonnage formulation, will circumvent or be incompatible with the application of specific safety requirements in the regulations in this subchapter for a manned seagoing barge of such physical size, the Commandant shall prescribe the regulations to be made applicable to such seagoing barge. When the Commandant determines that the gross register tonnage is not a valid criterion for the invocation of safety requirements based on relative size, the parties involved will be informed of the determination and of the regulations applicable to such manner seagoing barges, and before being permitted to operate such seagoing barges, compliance therewith shall be required. Endorsements or notations on the seagoing barge's certificate of inspection may be made as appropriate.

[CGFR 65-50, 30 FR 16970, Dec. 30, 1965, as amended by USCG-2011-0363, 78 FR 53328, Aug. 29, 2013]

§90.05-35   Flammable and combustible liquid cargo in bulk.

Note: Requirements for double hull construction for vessels carrying oil, as defined in 33 CFR 157.03, in bulk as cargo are found in 33 CFR 157.10d.

Vessels inspected and certificated under this subchapter may carry limited quantities of flammable and combustible liquid cargo in bulk in the grades indicated, provided the Certificate of Inspection is endorsed to permit such carriage:

(a) Cargo vessels:

(1) Grades D and E in an integral tank; and

(2) Grades D and E and certain specifically named Grade C in a portable tank, including a marine portable tank (MPT), in accordance with subpart 98.30 or 98.33 of this subchapter.

(b) Miscellaneous Vessels, such as cable, salvage, pile-driving, and oil-drilling-rig vessels:

(1) Grades B, C, D, and E in a fixed independent or integral tank authorized by the commandant;

(2) Grades D and E and certain specifically named Grade C in a portable tank, including an MPT, in accordance with subpart 98.30 or 98.33 of this subchapter.

[CGD 84-043, 55 FR 37410, Sept. 11, 1990, as amended by CGD 90-051, 57 FR 362146, Aug. 12, 1992]



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