subject to inspection and certification as seagoing barges.

(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.

§ 90.05-35 Flammable and combustible liquid cargo in bulk.

NOTE: Requirements for double hull construction for vessels carrying oil, as defined in 33 CFR 157.03, in bulk as cargo are found in 33 CFR 157.10d.

Vessels inspected and certificated under this subchapter may carry limited quantities of flammable and combustible liquid cargo in bulk in the grades indicated, provided the Certificate of Inspection is endorsed to permit such carriage:

(a) Cargo vessels:

(1) Grades D and E in an integral tank; and

(2) Grades D and E and certain specifically named Grade C in a portable tank, including a marine portable tank (MPT), in accordance with subpart 98.30 or 98.33 of this subchapter.

(b) Miscellaneous Vessels, such as cable, salvage, pile-driving, and oildrilling-rig vessels:

(1) Grades B, C, D, and E in a fixed independent or integral tank authorized by the commandant;

(2) Grades D and E and certain specifically named Grade C in a portable tank, including an MPT, in accordance with subpart 98.30 or 98.33 of this subchapter.

[CGD 84-043, 55 FR 37410, Sept. 11, 1990, as amended by CGD 90-051, 57 FR 362146, Aug. 12, 1992]

Subpart 90.10-Definition of Terms Used in This Subchapter

§ 90.10-1 Anniversary date.

The term anniversary date means the day and the month of each year, which corresponds to the date of expiration of the Certificate of Inspection.

[USCG 1999-4976, 65 FR 6501, Feb. 9, 2000]

§ 90.10-2 Approved.

This term means approved by the Commandant unless otherwise stated.

[CGFR 65-50, 30 FR 16974, Dec. 30, 1965. Redesignated by USCG 1999-4976, 65 FR 6501, Feb. 9, 2000]

§ 90.10-3 Barge.

This term means any nonself-propelled vessel.

[CGFR 65-50, 30 FR 16974, Dec. 30, 1965. Redesignated by USCG 1999-4976, 65 FR 6501, Feb. 9, 2000]

$90.10-5 Carrying freight for hire.

The carriage of any goods, wares, or merchandise or any other freight for a valuable consideration whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person interested in the vessel.

§ 90.10-7 Commandant.

This term means the Commandant of the Coast Guard.

§ 90.10-9 Coast Guard District Commander.

This term means an officer of the Coast Guard designated as such by the Commandant to command all Coast Guard activities within the officer's district, which include the inspection, enforcement, and administration of

gaged in oceanography, limnology, or the fishing industry.

[CGFR 67-90, 33 FR 1015, Jan. 26, 1968]

§ 90.10-19 Lakes, bays, and sounds.

Under this designation shall be included all vessels navigating the waters of any of the lakes, bays, or sounds other than the waters of the Great Lakes.

§ 90.10-20 Liftboat.

Liftboat means an offshore supply vessel with moveable legs capable of raising it's hull above the surface of the sea.

[CGD 82-004a, 55 FR 2525, Jan. 25, 1990]

§ 90.10-21 Marine inspector or inspector.

These terms mean any person from the civilian or military branch of the Coast Guard assigned under the superintendence and direction of an Officer in Charge, Marine Inspection, or any other person as may be designated for the performance of duties with respect to inspection, enforcement, and administration of Subtitle II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, and regulations issued under these statutes.

[CGD 95-028, 62 FR 51205, Sept. 30, 1997]

This term means any vessel indicated in Column 5 of table 90.05–1(a) 65 feet in length or less which is propelled by machinery (including steam). The length shall be measured from end to end over the deck excluding sheer. This term includes a boat temporarily or permanently equipped with a detachable motor. For the purpose of this subchapter, motorboats are included under the term "vessel" unless specifically noted otherwise. The various classes of motorboats are as follows:

Class A-Any motorboat less than 16 feet in length.

Class 1-Any motorboat 16 feet or over and less than 26 feet in length.

Class 2-Any motorboat 26 feet or over and less than 40 feet in length.

§ 90.10-27 Officer in Charge, Marine Inspection (OCMI).

This term means any person from the civilian or military branch of the Coast Guard designated as such by the Commandant and who, under the superintendence and direction of the Coast Guard District Commander, is in charge of an inspection zone for the performance of duties with respect to the inspections, enforcement, and administration of Subtitle II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, and regulations issued under these statutes.

[CGD 95-028, 62 FR 51205, Sept. 30, 1997]

§ 90.10-29 Passenger.

(a) The term passenger means(1) On an international voyage, every person other than

(i) The master and the members of the crew or other persons employed or engaged in any capacity on board a vessel on the business of that vessel; and

(ii) A child under 1 year of age.

(2) On other than an international voyage, an individual carried on the vessel, except

(i) The owner or an individual representative of the owner or, in the case of a vessel under charter, an individual charterer or individual representative of the charterer;

(ii) The master; or

(iii) A member of the crew engaged in the business of the vessel who has not contributed consideration for carriage and who is paid for onboard services.

(b) The term passenger for hire means a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer,

voyages. Requirements for the design and protection of spaces "specially suitable for vehicles" appear in subparts 92.15, 95.05, 95.15, 96.05, 97.36, 97.37, and 97.80 of this subchapter. In addition, preparation of automobiles prior to carriage, with the exception of disconnecting battery cables, must be in accordance with the applicable provisions of 49 CFR 176.905.

[CGFR 66-33, 31 FR 15284, Dec. 5, 1966, as amended by CGD 86-033, 53 FR 36025, Sept. 16, 1988]

§ 90.10-40 Offshore supply vessels.

(a) An offshore supply vessel is a vessel that is propelled by machinery other than steam, that is of 15 gross tons and less than 500 gross tons (as measured under the Standard, Dual, or Simplified Measurement System under part 69, subpart C, D, or E, of this chapter) or is less than 6,000 gross tons (as measured under the Convention Measurement System under part 69, subpart B, of this chapter) and that regularly carries goods, supplies or equipment in support of exploration, exploitation, or production of offshore mineral or energy resources.

(b) An existing offshore supply vessel is one contracted for, or the keel of which was laid, before March 15, 1996.

(c) A new offshore supply vessel is

(f) Tankerman-Engineer. [CGD 79-116, 60 FR 17157, Apr. 4, 1995]

Subpart 90.15-Equivalents § 90.15-1 Conditions under which equivalents may be used.

(a) Where in this subchapter it is provided that a particular fitting, material, appliance, apparatus, or equipment, or type thereof, shall be fitted or carried in a vessel, or that any particular provision shall be made or arrangement shall be adopted, the Commandant may accept in substitution therefor any other fitting, material, apparatus, or equipment, or type thereof, or any other arrangement: Provided, That he shall have been satisfied by suitable trials that the fitting, material, appliance, apparatus, or equipment, or type thereof, or the provision or arrangement is at least as effective as that specified in this subchapter.

(b) In any case where it is shown to the satisfaction of the Commandant that the use of any particular equipment, apparatus, or arrangement not specifically required by law is unreasonable or impracticable, the Commandant may permit the use of alternate equipment, apparatus, or arrangement to such an extent and upon such conditions as will insure, to his satisfaction, a degree of safety consistent with the minimum standards set forth in this subchapter.

Subpart 90.20-General Marine Engineering Requirements

§ 90.20-1 Marine engineering details. (a) All marine engineering details such as piping, valves, fittings, boilers, pressure vessels, etc., and their appurtenances installed on the vessel, shall be designed, constructed, and installed in accordance with the provisions of subchapter F (Marine Engineering) of this chapter.

installed in accordance with subchapter J (Electrical Engineering) of this chapter.

Subpart 90.27-Lifesaving Appliances and Arrangements

§ 90.27-1 Lifesaving appliances and ar

rangements.

All lifesaving appliances and arrangements must be in accordance with subchapter W (Lifesaving Appliances and Arrangements) of this chapter.

[CGD 84-069, 61 FR 25288, May 20, 1996]

Subpart 90.35-American Bureau of Shipping's Standards

§ 90.35-1 Standards to be used.

(a) Where in this subchapter an item, or method of construction, or testing is required to meet the standards established by the American Bureau of Shipping, the current standards in effect at the time of construction of the vessel, or otherwise as applicable, shall be used. The current standards of other recognized classification societies may also be accepted upon approval by the Commandant.

§ 90.35-5 Where obtainable.

(a) The standards established by the American Bureau of Shipping are usually published annually and may be purchased from the American Bureau of Shipping, ABS Plaza, 16855 Northchase Drive, Houston, TX 77060. These standards may be also examined at the Office of the Commandant (G M), U.S. Coast Guard, Washington, DC 20593-0001, or at the Office of any Coast Guard District Commander or Officer in Charge, Marine Inspection.

[CGFR 65-50, 30 FR 1697, Dec. 30, 1965, as amended by CGFR 68-32, 33 FR 5718, Apr. 12, 1968; CGD 88-070, 53 FR 34534, Sept. 7, 1988; CGD 88-070, 53 FR 37570, Sept. 27, 1988; CGD 88-070, 53 FR 44011, Nov. 1, 1988; CGD 95-072, 60 FR 50464, Sept. 29, 1995; 60 FR 54106, Oct. 19, 1995; USCG-2000-7790, 65 FR 58461, Sept. 29, 2000]