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), and N (Dangerous Cargoes) of this chapter may also be applicable under certain conditions. the provisions of 49 CFR parts 171-179 apply whenever 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, shall 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, shall 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 ves-
sels of less than 100 gross tons.

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 combus-
tible liquid cargo shall 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.

7 The meaning of the term passenger is as defined in the Act of May 10, 1956 (Sec. 1, 70 Stat. 151; 46 U.S.C. 390). On oceanographic vessels scientific personnel on board shall not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., shall be counted as persons.

of safety standards and for safety information and country of registry in promotional literature or advertising of a domestic passenger vessel of 100 gross tons or over having berth or stateroom accommodations for 50 or more passengers are contained in part 80 of this chapter.

[CGFR 65-50, 30 FR 16890, Dec. 30, 1965, as amended by CGFR 67-83, 33 FR 1107, Jan. 27, 1968; CGFR 70-10, 35 FR 3710, Feb. 25, 1970; CGD 72-187R, 38 FR 9081, Apr. 10, 1973; CGP 73-96, 42 FR 49024, Sept. 26, 1977; CGD 86-033, 53 FR 36024, Sept. 16, 1988; 53 FR 46871, Nov. 21, 1988; CGD 90–008, 55 FR 30660, July 26, 1990]

$70.05-3 Foreign vessels subject to the requirements of this subchapter.

(a) Except as specifically noted in paragraphs (b) and (e), and (f) of this section, parts 70 to 78, inclusive, of 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 70.05–1(a) that are 100 gross tons or over:

(1) Foreign vessels which carry more than 12 passengers from any port in the United States; or,

(2) Foreign vessels, other than those mentioned in paragraph (a)(1) of this section, which carry more than 6 passengers from any port in the United States, and which are:

(i) Sailing vessels of 100 gross tons or over and not more than 700 gross tons;

or,

(ii) Non-self-propelled vessels of 100 gross tons.

(b) The provisions of parts 70 to 78, inclusive, of this subchapter shall not be applicable to those foreign vessels covered by paragraph (a) of this section which are:

(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 certificate; or,

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

previously noted in paragraph (b) 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.

(d) The requirements for notification of safety standards and for safety information and country of registry in promotional literature or advertising of a foreign passenger vessel of 100 gross tons or over having berth or stateroom accommodations for 50 or more passengers are contained in part 80 of this chapter.

(e) Not withstanding the other provisions of this section, foreign passenger vessels of over 100 gross tons having berth or stateroom accommodations for more than 50 persons and departing a United States port with passengers who are United States nationals and who embarked at that port shall comply with the provisions of the International Convention for Safety of Life at Sea, 1974.

(f) Notwithstanding the exceptions noted in paragraph (b) of this section, each foreign vessel must report marine casualties occurring while the vessel is in the navigable waters of the United States as required by subpart 78.07.

[CGFR 65-50, 30 FR 16890, Dec. 30, 1965, as amended by CGFR 66-33, 31 FR 15280, Dec. 6, 1966; CGFR 68-65, 33 FR 19985, Dec. 28, 1968; CGFR 69-106a, 35 FR 16834, Oct. 31, 1970; CGD 72-187R, 38 FR 9081, Apr. 10, 1973; CGD 77-042, 42 FR 63643, Dec. 19, 1977; CGD 90-008, 55 FR 30660, July 26, 1990]

§ 70.05-5 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

s subchapter, the term vessels concted for includes not only the concting for the construction of a vesbut also the contracting for a maial alteration to a vessel, the concting for the conversion of a vessel a passenger vessel, and the changing service or route of a vessel if such nge increases or modifies the gen1 requirements for the vessel or inases the hazards to which it might subjected.

b) [Reserved]

0.05-7 Ocean or unlimited coastwise vessels on inland and Great Lakes Routes.

a) Vessels inspected and certificated ocean or unlimited coastwise routes ll be considered suitable for navigan insofar as the provisions of this chapter are concerned on any ind route, including the Great Lakes. b) [Reserved]

0.05-10 Application to vessels on an international voyage.

a) Except as provided in paragraphs , (c), and (d) of this section, the regtions in this subchapter that apply a vessel on an "international voy›" apply to a vessel that

1) Is mechanically propelled and cars more than 12 passengers; and 2) Is engaged on a voyage

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

ii) From any territory, including the mmonwealth of Puerto Rico, all possions of the United States and all ds held by the United States under protectorate or mandate, whose ernational relations are the responility of a contracting SOLAS 74 govment, or which is administered by e United Nations, to a port outside at territory or the reverse; or

iii) Between the contiguous states of e United States and the states of Haii or Alaska or between the states of waii and Alaska.

b) The regulations that apply to a ssel on an "international voyage" in s subchapter do not apply to ships gaged on a voyage solely on the eat Lakes and the St. Lawrence

River as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd 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 25287, May 20, 1996]

$70.05-20 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 of 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 passenger vessel, 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 passenger vessel regulations for a vessel of such physical size, the Commandant