[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Rules and Regulations]
[Pages 56612-56618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: C1-2013-20351]


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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-AC03 (Formerly RIN 1625-AB71)


Seagoing Barges

Correction

    In rule document 2013-20351 appearing on pages 53285-53336 in the 
issue of Thursday, August 29, 2013, make the following corrections:


Sec.  24.05-1  [Corrected]

0
(1) On page 53304, above footnote ``1'' insert the heading 
``Footnotes:''.


Sec.  30.01-5  [Corrected]

0
(2) On page 53312, in footnote ``9'' in the first line, ``. . .'' 
should read ``* * *''.


Sec.  188.05-1  [Corrected]

0
(3) Beginning on page 53328, Table 188.05-1(a) is corrected to read as 
set forth below:

                                                                    Table 188.05-1(a)
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                                                      Vessels inspected
                                                       and certificated    Vessels inspected                                            Vessels subject
                                  Vessels inspected  under Subchapter H--   and certificated   Vessels subject to  Vessels subject to  to the provisions
Method of propulsion, qualified   and certificated   Passenger Vessels 2  under Subchapter I--  the provisions of   the provisions of  of Subchapter O--
by size or other limitation \1\   under Subchapter   3 4 5 or Subchapter       Cargo and         Subchapter C--      Subchapter U--     Certain Bulk and
                                   D--Tank Vessels      K or T--Small        Miscellaneous         Uninspected        Oceanographic    Dangerous Cargoes
                                         \2\         Passenger Vessels 2      Vessels 2 5       Vessels 2 3 6 7 8   Vessels 2 3 6 7 9         \10\
                                                             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 than   gross tons           covered by                              carrying cargoes
 gross tons.                      combustible or      12 passengers on     carrying freight-    columns 2, 3, 4,                        in bulk that are
                                  flammable liquid    an international     for-hire, except     and 6.                                  listed in part
                                  cargo in bulk.\5\   voyage, except       those covered by                                             153, table 1, or
                                                      recreational         columns 2 and 3.                                             part 154, table
                                                      vessels not          All vessels                                                  4, or unlisted
                                                      engaged in           carrying dangerous                                           cargoes that
                                                      trade.\7\            cargoes, when                                                would otherwise
                                                                           required by 46 CFR                                           be subject to
                                                                           part 98.                                                     these parts.\12\
                                                     (ii) All vessels
                                                      <100 gross tons
                                                      that--

[[Page 56613]]

 
                                                     (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         All vessels
 vessels >=300 gross tons.        carrying            carrying more than   including            covered by          engaged in          carrying cargoes
                                  combustible or      12 passengers on     recreational         columns 2, 3, 4,    oceanographic       in bulk that are
                                  flammable liquid    an international     vessels, not         6, and 7.           research.           listed in part
                                  cargo in bulk.\5\   voyage, except       engaged in trade.                                            153, table 1, or
                                                      recreational         This does not                                                part 154, table
                                                      vessels not          include vessels                                              4, or unlisted
                                                      engaged in           covered by columns                                           cargoes that
                                                      trade.\7\            2 and 3, and                                                 would otherwise
                                                                           vessels engaged in                                           be subject to
                                                                           the fishing                                                  these parts.\12\
                                                                           industry.

[[Page 56614]]

 
                                                     (ii) All ferries
                                                      <100 gross tons
                                                      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 than   covered by columns   passengers or                           listed in Table
                                  flammable liquid    6 passengers-for-    2 and 3.             passengers-for-                         151.05 of this
                                  cargo in bulk.\5\   hire whether                              hire except those                       chapter or
                                                      chartered or not,                         covered by column                       unlisted cargoes
                                                      or.                                       3.                                      that would
                                                     (B) Carry more than                                                                otherwise be
                                                      6 passengers when                                                                 subject to part
                                                      chartered with the                                                                151.1 11 12
                                                      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 barges  All barges          All seagoing        All tank barges
 >=100 gross tons.                carrying            that--               except a seagoing    carrying            barges engaged in   carrying cargoes
                                  combustible or     (A) Carry more than   barge that is        passengers or       oceanographic       listed in Table
                                  flammable liquid    12 passengers-for-   covered by column    passengers-for-     research.           151.05 of this
                                  cargo in bulk.\5\.  hire whether         2 or 3, or that is   hire except those                       chapter or
                                                      chartered or not,    unmanned for the     covered by                              unlisted cargoes
                                                      or.                  purposes of          columns 3 and 6.                        that would
                                                     (B) Carry more than   operating or                                                 otherwise be
                                                      12 passengers when   navigating the                                               subject to part
                                                      chartered with the   barge, and that                                              151.1 11 12
                                                      crew provided, or.   carries neither a
                                                     (C) Carry more than   hazardous material
                                                      12 passengers when   as cargo nor a
                                                      chartered with no    flammable or
                                                      crew provided, or.   combustible
                                                     (D) Carry at least    liquid, including
                                                      1 passenger-for-     oil, in bulk
                                                      hire and is a        quantities of 250
                                                      submersible          barrels or more.
                                                      vessel.\7\.
                                                     (E) Carry more than
                                                      12 passengers on
                                                      an international
                                                      voyage..
                                                     (F) Carry at least
                                                      1 passenger and
                                                      are ferries..

[[Page 56615]]

 
(5) Sail \13\ vessels <=700      All vessels         (i) All vessels      All vessels          All vessels not     None.               All vessels
 gross tons.                      carrying            carrying more than   carrying dangerous   covered by                              carrying cargoes
                                  combustible or      12 passengers on     cargoes, when        columns 2, 3, 4,                        in bulk that are
                                  flammable liquid    an international     required by 46 CFR   and 6.                                  listed in part
                                  cargo in bulk.\5\   voyage, except       part 98.                                                     153, table 1, or
                                                      recreational                                                                      part 154, table
                                                      vessels not                                                                       4, or unlisted
                                                      engaged in                                                                        cargoes that
                                                      trade.\7\                                                                         would otherwise
                                                     (ii) All vessels                                                                   be subject to
                                                      <100 gross tons                                                                   these parts.\12\
                                                      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 dangerous                                           carrying cargoes
                                  combustible or      passengers or        cargoes, when                                                in bulk that are
                                  flammable liquid    passengers-for-      required by 46 CFR                                           listed in part
                                  cargo in bulk.\5\   hire, except         part 98.                                                     153, table 1, or
                                                      recreational                                                                      part 154, table
                                                      vessels.\7\                                                                       4, or unlisted
                                                     (ii) All ferries                                                                   cargoes that
                                                      that carry at                                                                     would
                                                      least 1 passenger..

[[Page 56616]]

 
                                                                                                                                        otherwise be
                                                                                                                                        subject to 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 than   towboats. All        covered by                              carrying cargoes
                                  combustible or      12 passengers on     vessels carrying     columns 2, 3, 4,                        in bulk that are
                                  flammable liquid    an international     dangerous cargoes,   and 6.                                  listed in part
                                  cargo in bulk.\5\   voyage, except       when required by                                             153, table 1, or
                                                      recreational         46 CFR part 98.                                              part 154, table
                                                      vessels not                                                                       4, or unlisted
                                                      engaged in                                                                        cargoes that
                                                      trade.\7\                                                                         would otherwise
                                                     (ii) All vessels                                                                   be subject to
                                                      <100 gross tons                                                                   these parts.\12\
                                                      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\

[[Page 56617]]

 
(8) Steam, vessels >19.8 meters  All vessels         (i) All vessels      All vessels not      None.               All vessels         All vessels
 (65 feet) in length.             carrying            carrying more than   covered by columns                       engaged in          carrying cargoes
                                  combustible or      12 passengers on     2, 3, 6, and 7.                          oceanographic       in bulk that are
                                  flammable liquid    an international                                              research.           listed in part
                                  cargo in bulk.\5\   voyage, except                                                                    153, table 1, or
                                                      recreational                                                                      part 154, table
                                                      vessels not                                                                       4, or unlisted
                                                      engaged in                                                                        cargoes that
                                                      trade.\7\                                                                         would otherwise
                                                     (ii) All vessels                                                                   be subject to
                                                      <100 gross tons                                                                   these parts.\12\
                                                      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\
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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:

[[Page 56618]]

 
\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.

[FR Doc. C1-2013-20351 Filed 9-12-13; 8:45 am]
BILLING CODE 1505-01-D