46 C.F.R. § 90.05-25

Seagoing barge

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(a) Each seagoing barge, as defined in 46 CFR 90.10-36, is subject to inspection and certification; except that a seagoing barge is exempt from those requirements if it is unmanned for the purposes of operating or navigating the barge, and carries neither a hazardous material as cargo nor a flammable or combustible liquid, including oil, in bulk quantities of 250 barrels or more.

(b) In applying the laws and regulations to manned seagoing barges, one criterion for invocation of safety standards is the description of seagoing barges by relative size in gross tons. When it is determined by the Commandant that the gross register tonnage for a particular manned seagoing barge, which is attained by exemptions, reductions, or other devices in the basic gross tonnage formulation, will circumvent or be incompatible with the application of specific safety requirements in the regulations in this subchapter for a manned seagoing barge of such physical size, the Commandant shall prescribe the regulations to be made applicable to such seagoing barge. When the Commandant determines that the gross register tonnage is not a valid criterion for the invocation of safety requirements based on relative size, the parties involved will be informed of the determination and of the regulations applicable to such manner seagoing barges, and before being permitted to operate such seagoing barges, compliance therewith shall be required. Endorsements or notations on the seagoing barge's certificate of inspection may be made as appropriate.

[CGFR 65-50, 30 FR 16970, Dec. 30, 1965, as amended by USCG-2011-0363, 78 FR 53328, Aug. 29, 2013]

Notes of Decisions

Cited in 2 cases, 1961–1983 · leading case: In Re the Complaint of Berkley Curtis Bay Co., 557 F. Supp. 335 (S.D.N.Y. 1983).

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In Re the Complaint of Berkley Curtis Bay Co., 557 F. Supp. 335 (S.D.N.Y. 1983). “Moreover, the dredge was unseaworthy because of its lack of a valid certificate for oceangoing operations under 46 CFR § 90.05-25 . This omission constituted a statutory violation, and the Second Circuit has emphasized that limitations on liability resulting from such violations…”

Frederick Snare Corp. v. Moran Towing & Transp. Co., 195 F. Supp. 639 (S.D.N.Y. 1961). “2521, 46 C.F.R. § 90.05-25 (b). 5 . “The Officer in Charge, Marine Inspection, may issue a permit to proceed to another port for repair, Form CG 948, to a vessel, if in his judgment it can be done with safety, even if the certificate of inspection of the vessel has expired or is…”

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