§ 90.05-20 Applicability to offshore supply vessels.

Offshore supply vessels of 100 gross tons and less than 500 gross tons are subject to inspection under the provisions of this subchapter.

(Pub. L. 96-378, 94 Stat. 1513 (46 U.S.C. 4041); 49 CFR 1.46(b))

[45 FR 69244, Oct. 20, 1980]

§ 90.05-25 Seagoing barge.

(a) All nonself-propelled vessels of 100 gross tons and over that proceed on voyages on the high seas or ocean are subject to inspection and certification as seagoing barges.

(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.

portation specification cylinders having a water capacity of not more than 1,000 pounds, which are actually loaded and discharged from vessels with their contents intact.

or

(b) The phrase "inflammable combustible liquid cargo in bulk" as used in R.S. 4417a, as amended (46 U.S.C. 391a), and in R.S. 4472, as amended (46 U.S.C. 170), is interpreted to include such cargo in portable tanks of a capacity of more than 110 U.S. gallons.

(c) The phrase "liquid cargo" as used in R.S. 4417a, as amended (46 U.S.C. 391a), is interpreted to mean inflammable or combustible liquids.

(Interpret or apply R.S. 4417a, as amended, 4472, as amended; 46 U.S.C. 391a, 170) [CGFR 65-50, 30 FR 16970, Dec. 30, 1965, as amended by CGFR 69-72, 34 FR 17484, Oct. 29, 1969]

(i) Grades D and E in an integral tank, in a portable tank approved under Subpart 98.35 of this chapter, or in a marine portable tank approved under Part 64 of this chapter.

(ii) Dangerous articles in a portable tank in accordance with Part 146 of this chapter, or in a marine portable tank approved for the article under Part 64 of this chapter.

(2) Miscellaneous vessels, such as cable, salvage, pile driving and oil drilling rig vessels.

(i) Grades B and lower in a fixed independent or an integral tank authorized by the Commandant.

(ii) Grades D and E in a portable tank approved under Subpart 98.35 of this chapter, or in a marine portable tank approved under Part 64 of this chapter.

(iii) Dangerous articles in a portable tank in accordance with Part 146 of this chapter, or in a marine portable

tank approved for the article under Part 64 of this chapter.

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

[CGFR 69-127, 35 FR 9981, June 17, 1970, as amended by CGD 73-172, 39 FR 22953, June 25, 1974]

§ 90.05-40 Application to vessels concerning nuclear energy.

(a) Pertinent definitions are in § 90.10-24.

(b) Special provisions for "nuclear vessels" are in Part 99 of this subchapter.

(c) The regulations covering the transportation and handling of radioactive materials as cargo are in Part 146 of Subchapter N (Dangerous Cargoes) of this chapter.

(d) The regulations covering pressure containing portions of nuclear power systems are in Part 55 of Subchapter F (Marine Engineering) of this chapter. See § 56.04-20 of Subchapter F (Marine Engineering) of this chapter for nuclear piping. See Subpart 61.25 of Subchapter F (Marine Engineering) of this chapter for requirements regarding periodic tests and inspections of nuclear reactor power plants.

[CGFR 68-82, 33 FR 18900, Dec. 18, 1968. Redesignated at 35 FR 9981, June 17, 1970]

Subpart 90.10-Definition of Terms Used in This Subchapter

§ 90.10-1 Approved.

This term means approved by the Commandant unless otherwise stated.

§ 90.10-2 Barge.

This term means any nonself-propelled vessel.

§ 90.10-3 Carrying passengers for hire.

The carriage of any person or persons by a vessel for a valuable consideration, whether directly or indirectly flowing to the owner, charterer, operator, agent or any other person interested in the vessel.

§ 90.10-5 Carrying freight for hire.

The carriage of any goods, wares, or merchandise or any other freight for a valuable consideration whether direct

neers, technicians, drilling personnel, and divers.

[CGFR 67-90, 33 FR 1015, Jan. 26, 1968]

§ 90.10-16 Industrial vessel.

This term means every vessel which by reason of its special outfit, purpose, design, or function engages in certain industrial ventures. Included in this classification are such vessels as drill rigs, missile range ships, dredges, cable layers, derrick barges, pipe lay barges, construction and wrecking barges. Excluded from this classification are vessels carrying freight for hire or engaged in oceanography, limnology, or the fishing industry.

[CGFR 67-90, 33 FR 1015, Jan. 26, 1968]

This term means any vessel indicated in Column 5 of Table 90.05-1(a) 65 feet in length or less which is propelled by machinery (including steam). The length shall be measured from end to end over the deck excluding sheer. This term includes a boat temporarily or permanently equipped with a detachable motor and any such boat when so propelled is subject to the applicable provisions of the Act of April 25, 1940, as amended (secs. 1-22, 54 Stat. 163-167, as amended, 46 U.S.C. 526-526u), and the regulations promulgated thereunder. For the purpose of this subchapter, motorboats are included under the term "vessel" unless

specifically noted otherwise. The various classes of motorboats are as follows:

Class A-Any motorboat less than 16 feet in length.

Class 1-Any motorboat 16 feet or over and less than 26 feet in length.

Class 2-Any motorboat 26 feet or over and less than 40 feet in length.

Class 3-Any motorboat 40 feet or over and not more than 65 feet in length.

§ 90.10-24 Nuclear energy, radioactive material, and nuclear vessel.

(a) The term "nuclear energy" means all forms of energy released by nuclear fission or radioactive decay, or by any other form of nuclear transformation.

(b) The term "radioactive material" means any material or combination of materials that spontaneously emits ionizing radiation.

(c) The term "nuclear vessel" means any vessel in which power for propulsion, or for any other purpose, is derived from nuclear energy; or any vessel handling or processing substantial amounts of radioactive material other than as cargo.

[CGFR 68-82, 33 FR 18900, Dec. 18, 1968]

§ 90.10-25 Ocean.

Under this designation shall be included all vessels navigating the waters of any ocean or the Gulf of Mexico more than 20 nautical miles offshore.

§ 90.10-27 Officer in charge, marine inspection.

This term means any person from the civilian or military branch of the Coast Guard designated as such by the Commandant and who, under the superintendence and direction of the Coast Guard District Commander, is in charge of an inspection zone for the performance of duties with respect to the inspections, enforcement, and administration of title 52, Revised Statutes, and acts amendatory thereof or supplemental thereto, and rules and regulations thereunder.

§ 90.10-29 Passenger.

A passenger is every person other than the master and the members of

Where the word "vessel" is used in this subchapter, it shall be considered to include all vessels indicated in Column 5 of Table 90.05-1(a), except as otherwise noted in this subpart.

§ 90.10-38 Specially suitable for vehicles.

A space which is "specially suitable for vehicles" is one designed for the carriage of automobiles or other selfpropelled vehicles with batteries connected and fuel tanks containing gasoline on vessels on ocean or unlimited coastwise voyages. Requirements for the design and protection of spaces "specially suitable for vehicles” appear in Subparts 92.15, 95.05, 95.15, 96.05, 97.36, 97.37, and 97.80 of this subchapter. In addition, preparation of automobiles prior to carriage, with the exception of disconnecting battery cables, must be in accordance with the applicable provisions of § 146.27-30 of

Subchapter N (Dangerous Cargoes) of this chapter.

[CGFR 66-33, 31 FR 15284, Dec. 5, 1966]

§ 90.10-40 Offshore supply vessels.

(a) An offshore supply vessel is a vessel that is propelled by machinery other than steam, that is of 15 gross tons and less than 500 gross tons, and that regularly carries goods, supplies, or equipment in support of exploration, exploitation, or production of offshore mineral or energy resources.

(b) An existing offshore supply vessel is one that was operating as such on or before January 1, 1979, or that, if not in service of any kind on or before that date, was contracted for on or before that date and entered service as such before October 6, 1980.

(c) A new offshore supply vessel is one that is not an existing offshore supply vessel.

(Pub. L. 96-378, 94 Stat. 1513 (46 U.S.C. 4041); 49 CFR 1.46(b))

[45 FR 69244, Oct. 20, 1980]

Subpart 90.15-Equivalents

§ 90.15-1 Conditions under which equivalents may be used.

(a) Where in this subchapter it is provided that a particular fitting, material, appliance, apparatus, or equipment, or type thereof, shall be fitted or carried in a vessel, or that any particular provision shall be made or arrangement shall be adopted, the Commandant may accept in substitution therefor any other fitting, material, apparatus, or equipment, or type thereof, or any other arrangement: Provided, That he shall have been satisfied by suitable trials that the fitting, material, appliance, apparatus, or equipment, or type thereof, or the provision or arrangement is at least as effective as that specified in this subchapter.

(b) In any case where it is shown to the satisfaction of the Commandant that the use of any particular equipment, apparatus, or arrangement not specifically required by law is unreasonable or impracticable, the Commandant may permit the use of alternate equipment, apparatus, or ar

rangement to such an extent and upon such conditions as will insure, to his satisfaction, a degree of safety consistent with the minimum standards set forth in this subchapter.

Subpart 90.20-General Marine Engineering Requirements

§ 90.20-1 Marine engineering details.

(a) All marine engineering details such as piping, valves, fittings, boilers, pressure vessels, etc., and their appurtenances installed on the vessel, shall be designed, constructed, and installed in accordance with the provisions of Subchapter F (Marine Engineering) of this chapter.

(R.S. 4418, as amended, 4433, as amended; 46 U.S.C. 392, 411)

Subpart 90.25-General Electrical

Engineering Requirements

§ 90.25-1 Electrical engineering details.

(a) All electrical engineering details and installations shall be designed and installed in accordance with Subchapter J (Electrical Engineering) of this chapter.

(R.S. 4418, as amended; 46 U.S.C. 392)

Subpart 90.30-Special Provisions

§ 90.30-1 Vessels acquired or documented under the act of August 9, 1954.

(a) Vessels acquired or documented under the Act of August 9, 1954 (section 3, 68 Stat. 675; 50 U.S.C. 198), shall be subject to the applicable provisions of Title 52 of the Revised Statutes, acts amendatory thereof or supplemental thereto and the rules and regulations thereunder.

(b) Unapproved lifesaving, firefighting, and other equipment may be continued in service as long as, in the opinion of the Officer in Charge, Marine Inspection, such equipment is in good and serviceable condition. All replacements shall be in accordance with Coast Guard requirements.

§ 90.30-5 Installations of equipment made during the unlimited national emergency declared by the President on May 27, 1941.

(a) Boilers, pressure vessels, machinery, piping, electrical, and other installations, including lifesaving, firefighting, and other safety equipment, installed on vessels during the Unlimited National Emergency declared by the President on May 27, 1941, and prior to the termination of Title V of the Second War Powers Act, as extended (section 501, 56 Stat. 180, 50 U.S.C. App. 635), which do not fully meet the detailed requirements of the regulations in this chapter, may be continued in service if found to be satisfactory by the Commandant for the purpose intended.

§ 90.30-10 Existing offshore supply vessels.

(a) Existing offshore supply vessels of 100 gross tons and less than 500 gross tons that do not possess a valid certificate of inspection must be registered with an officer in charge, marine inspection on or before January 6, 1981. The Initial inspection for certification for each registered offshore supply vessel shall be made within two years of the date the vessel is registered.

(b) The registration must be on board the vessel and available for inspection.

(Pub. L. 96-378, 94 Stat. 1513 (46 U.S.C. 4041); 49 CFR 1.46(b))

[45 FR 69244, Oct. 20, 1980]