(a) The regulations in this subchapter are prescribed by the Commandant of the Coast Guard, pursuant to a delegation of authority by the Secretary of Transportation set forth in 49 CFR 1.46(b), to carry out the intent and purpose of title 46, United States Code, sections 390 to 390g, which require the inspection and certification of certain vessels carrying more than six passengers, and sections 362, 375, 391, 392, 399, 404, 416, 435, and 451, which relate to the inspection and certification of certain vessels carrying one or more passengers for hire.

(b) S and L: Where other laws are applicable to vessels inspected under this subchapter, appropriate references following certain regulations are made to show that such regulations interpret or apply such laws.

[CGFR 69-116, 35 F.R. 6862, Apr. 30, 1970]

Subpart 175.05-Application

(a) This subchapter shall be applicable to all United States flag vessels indicated in column 4 of Table 175.051(a) that are less than 100 gross tons, except as follows:

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

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

(3) With the exception of vessels of the United States Maritime Administration, any vessel with title vested in the United States and which is used for public purposes and operated by a department or agency of the Federal Government.

(Sec. 1, 41 Stat. 305, as amended, sec. 1, 70 Stat. 151; 46 U.S.C. 363, 390)

(4) Any lifeboat forming part of a vessel's lifesaving equipment.

(b) Sand L: Any vessel carrying more than 150 passengers shall comply with the provisions of this subchapter and

shall be subject to certain additional requirements as determined by the Officer in Charge, Marine Inspection. These additional requirements are contained in applicable regulations in Subchapter H (Passenger Vessels), Subchapter P (Manning), Subchapter F (Marine Engineering), and Subchapter J (Electrical Engineering) of this chapter.

(R.S. 4463, as amended; 46 U.S.C. 222)

(c) S and L: Nothing in the regulations in this subchapter shall be construed as exempting any mechanically propelled vessel, other than a yacht, which carries more than 12 passengers on an international voyage from the applicable requirements of the International Convention for Safety of Life at Sea, 1960.

(d) S and L: Any vessel which carries flammable or combustible liquid cargo, or explosives, or other dangerous articles or substances is subject to additional requirements provided in other laws and regulations. Any Officer in Charge, Marine Inspection, may be contacted for information concerning these additional requirements.

(R.S. 4417a, as amended, 4472, as amended; 46 U.S.C. 391a, 170)

(e) S and L: Any mechanically propelled vessel inspected and certificated under the provisions of this subchapter, which is more than 15 gross tons and carries freight for hire, is subject to additional requirements provided in other laws and regulations. Any Officer in Charge, Marine Inspection, may be contacted for information concerning these additional requirements.

(f) [Reserved]

(g) Notwithstanding the exceptions noted in paragraphs (a)(1) and (a)(2) of this section, foreign vessels shall report marine casualties, hazardous materials incidents, and the unintentional release of hazardous materials occurring while the vessel is in the navigable waters of the United States, as required by Subpart 185.15 of this subchapter and §§ 2.20-65 and 2.20-70 of this chapter. (R.S. 4426, as amended; 46 U.S.C. 404) [CGFR 63-40, 28 F.R. 9734, Sept. 6, 1963, as amended by CGFR 70-10, 35 F.R. 3713, Feb. 25, 1970; CGFR 69-116, 35 F.R. 6862, Apr. 30, 1970; CGFR 70-143, 35 F.R. 16835, Oct. 31, 1970]

All vessels carrying combustible or flammable liquid cargo in bulk.

All vessels carrying combustible or flammable liquid cargo in bulk.

(a) Except as specifically noted in paragraph (b) of this section, this subchapter shall be applicable to the extent prescribed by law to all foreign vessels of the following classifications, indicated in column 4 of Table 175.05-1(a) that are less than 100 gross tons:

(1) Mechanically propelled foreign vessels of more than 15 gross tons and over 65 feet in length which carry more than 12 passengers from any port in the United States.

(2) Foreign vessels which carry more than six passengers from any port in the United States and which are:

(i) Mechanically propelled vessels of not more than 15 gross tons regardless of length; or,

(ii) Mechanically propelled vessels of more than 15 gross tons but less than 65 feet in length; or,

(iii) Sailing vessels or nonself-propelled vessels regardless of length.

(b) The provisions of this subchapter shall not be applicable to those foreign vessels covered by paragraph (a) of this section which are:

(1) Vessels of a foreign nation signatory to the International Convention for the Safety of Life at Sea, 1960, and which have on board a current, valid Safety Certificate; or,

(2) Vessels of a foreign nation having inspection laws approximating those of the United States together with reciprocal inspection arrangements with the United States, and which have on board a current, valid Certificate of Inspection issued by its government under such arrangements.

[CGFR 69-116, 35 F.R. 6862, Apr. 30, 1970] § 175.05-5 Specific application noted

in text.

(a) S: Under the designator "S" shall be included all vessels indicated in column 4 of Table 175.05-1(a) that are not more than 65 feet in length and of less than 100 gross tons carrying more than six passengers.

(b) L: Under the designator "L" shall be included all vessels indicated in column 4 of Table 175.05-1(a) that are more than 65 feet in length and of less than 100 gross tons which are:

(1) Mechanically propelled vessels of more than 15 gross tons carrying one or more passengers for hire.

(2) Mechanically propelled vessels of not more than 15 gross tons carrying six or more passengers.

(3) Sailing vessels and barges carrying more than six passengers.

(c) Certain portions of this subchapter applicable to only "S" vessels are indicated by the designator "S". Portions applicable to only "L" vessels are indicated by the designator "L". Those portions of this subchapter applicable to both categories of vessels contain no designator or are designated "S and L”.

(d) 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, 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.

(e) As used in this subchapter the term "vessels contracted for" includes not only contracting for the construction of a vessel, but also contracting for a material alteration to a vessel, contracting for the conversion of a vessel to a passenger vessel, and 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. [CGFR 69-116, 35 F.R. 6862, Apr. 30, 1970] § 175.05-15 Gross tonnage as a criterion for requirements.

(a) The regulations in this subchapter, as well as referenced requirements in other subchapters in this chapter, take into account the passenger vessel's size, construction, and equipment, as well as its intended service on the routes or waters on which it is desired to be operated or navigated, which are indications of the hazards to which such vessel may be subjected. The Commandant's determinations in this respect for a particular passenger vessel are stipulated in a certificate of inspection, which states certain terms and conditions governing such vessel when in operation.

(b) In applying the laws and regulations to passenger vessels, one criterion for invocation or safety standards is the description of passenger vessels by relative size in gross tons. When it is determined by the Commandant that the gross register tonnage for a particular