[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR176.5]

[Page 708]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 176_CARRIAGE BY VESSEL--Table of Contents
 
                            Subpart A_General
 
Sec. 176.5  Application to vessels.

    (a) Except as provided in paragraph (b) of this section, this 
subchapter applies to each domestic or foreign vessel when in the 
navigable waters of the United States, regardless of its character, 
tonnage, size, or service, and whether self-propelled or not, whether 
arriving or departing, underway, moored, anchored, aground, or while in 
dry dock.
    (b) This subchapter does not apply to:
    (1) A public vessel not engaged in commercial service;
    (2) A vessel constructed or converted for the principal purpose of 
carrying flammable or combustible liquid cargo in bulk in its own tanks, 
when only carrying these liquid cargoes;
    (3) A vessel of 15 gross tons or smaller when not engaged in 
carrying passengers for hire;
    (4) A vessel used exclusively for pleasure;
    (5) A vessel of 500 gross tons or smaller when engaged in fisheries;
    (6) A tug or towing vessel, except when towing another vessel having 
Class 1 (explosive) materials, Class 3 (flammable liquids), or Division 
2.1 (flammable gas) materials, in which case the owner/operator of the 
tug or towing vessel shall make such provisions to guard against and 
extinguish fire as the Coast Guard may prescribe;
    (7) A cable vessel, dredge, elevator vessel, fireboat, icebreaker, 
pile driver, pilot boat, welding vessel, salvage vessel, or wrecking 
vessel; or
    (8) A foreign vessel transiting the territorial sea of the United 
States without entering the internal waters of the United States, if all 
hazardous materials being carried on board are being carried in 
accordance with the requirements of the IMDG Code (IBR, see Sec. 171.7 
of this subchapter).
    (c) [Reserved]
    (d) Except for transportation in bulk packagings (as defined in 
Sec. 171.8 of this subchapter), the bulk carriage of hazardous 
materials by water is governed by 46 CFR chapter I, subchapters D, I, N 
and O.

[Amdt. 176-1, 41 FR 16110, Apr. 15, 1976, as amended by Amdt. 176-1A, 41 
FR 40687, Sept. 20, 1976; Amdt. 176-14, 47 FR 44471, Oct. 7, 1982; Amdt. 
176-24, 51 FR 5974, Feb. 18, 1986; Amdt. 176-30, 55 FR 52688, Dec. 21, 
1990; 56 FR 66281, Dec. 20, 1991; Amdt. 176-34, 58 FR 51533, Oct. 1, 
1993; 66 FR 8647, Feb. 1, 2001; 68 FR 75747, Dec. 31, 2003]