[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Proposed Rules]
[Pages 2147-2192]
[FR Doc No: 2012-30984]

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

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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:<PHONE_NUMBER>.
    (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<PHONE_NUMBER>.
    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_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

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

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

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

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<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>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

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
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(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.
                                                     (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\

(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

                                                     (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\

(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.

                                                     (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.

                                                     (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) * * *

                                                                    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..

                                                     (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\

                                                     (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
                                                     (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
                                                     (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 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..
                                                     (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) * * *

                                                                    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