[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR176.5]



[Page 722]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY 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]