46 C.F.R. § 90.05-1

Vessels subject to requirements of this subchapter

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(a) This subchapter is applicable to all U.S.-flag vessels indicated in Column 4 of Table 2.01-7(A) and to all such foreign-flag vessels which carry 12 or fewer passengers from any port in the United States to the extent prescribed by law, except as follows:

(1) Any vessel of a foreign nation signatory to the International Convention for Safety of Life at Sea, 1974, and which has on board a current, valid safety equipment certificate.

(2) Any vessel operating exclusively on inland waters which are not navigable waters of the United States.

(3) Any vessel while laid up and dismantled and out of commission.

(4) With the exception of vessels of the U.S. Maritime Administration, any vessel with title vested in the United States and which is used for public purposes.

(b) Notwithstanding the exception previously noted in paragraph (a)(1) of this section, foreign vessels of novel design or construction or whose operation involves potential unusual risks shall be subject to inspection to the extent necessary to safeguard life and property in United States ports, as further provided by § 2.01-13 of subchapter A (Procedures Applicable to the Public) of this chapter.

(c) Notwithstanding the exception noted in paragraph (a)(1) of this section, each foreign vessel shall report marine casualties occurring while the vessel is in the navigable waters of the United States as required by subpart 97.07.

[CGFR 65-50, 30 FR 16970, Dec. 30, 1965] Editorial Note:For Federal Register citations affecting § 90.05-1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

Notes of Decisions

Cited in 5 cases, 1981–2014 · leading case: Scindia Steam Navigation Co. v. De Los Santos, 451 U.S. 156 (1981).

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Scindia Steam Navigation Co. v. De Los Santos, 451 U.S. 156 (1981). · cites it 2× “" 46 CFR § 90.05-1 (1980). We note with some interest that in affirming a jury verdict for a longshoreman in Irizarry v.”

Cont'l Grain Co. v. Puerto Rico Mar. Shipping Auth., 972 F.2d 426 (1st Cir. 1992). · cites it 2× “The authority for the regulations in Sub-chapter I, including 46 C.F.R. § 90.05-1 , is found in Chapter 33 of Title 46 of the U.”

Contango Operators, Inc. v. United States, 9 F. Supp. 3d 735 (S.D. Tex. 2014). · cites it 3× “05 — 1(a); 46 C.F.R. § 90.05-1 tbl.90.05-l(a). Whether a vessel is subject to a particular regulation often depends upon its classification within one of those four categories.”

Carney v. United States, 598 F. Supp. 2d 715 (D. Maryland 2009). “This exemption is 46 C.F.R. § 90.05-1 (a)(4), which exempts from the relevant safety regulations “any vessel with title vested in the United States and which is used for public purposes.”

Presley v. Vessel Carribean Seal, 537 F. Supp. 956 (S.D. Tex. 1982). “See 46 C.F.R. § 90.05-1 (1981). 6 . In section 3 of the Act, 46 U.”

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