---
kind: "section"
citation: "46 C.F.R. § 136.105"
title: "46"
number: "136.105"
heading: "Applicability."
url: "https://uscodex.org/cfr/46/136.105"
---

# §136.105. Applicability.

- (a) This subchapter is applicable to all U.S.-flag towing vessels as defined in [§ 136.110](/cfr/46/136.110.md) engaged in pushing, pulling, or hauling alongside, except—
  - (1) A vessel less than 26 feet (7.92 meters) in length measured from end to end over the deck (excluding the sheer), unless that vessel is pushing, pulling, or hauling a barge that is carrying oil or hazardous material in bulk;
  - (2) **A vessel engaged in one or more of the following—**
    - (i) Assistance towing as defined in [§ 136.110](/cfr/46/136.110.md);
    - (ii) Towing recreational vessels for salvage; or
    - (iii) Transporting or assisting the navigation of recreational vessels within and between marinas and marina facilities, within a limited geographic area, as determined by the local Captain of the Port (COTP);
  - (3) A workboat operating exclusively within a worksite and performing intermittent towing within the worksite;
  - (4) A seagoing towing vessel of 300 gross tons or more subject to the provisions of subchapter I of this chapter;
  - (5) A vessel inspected under other subchapters of this chapter that may perform occasional towing;
  - (6) A public vessel as defined in [46 U.S.C. 2101](/usc/46/2101.md);
  - (7) A vessel that has surrendered its COI and is laid up, dismantled, or otherwise out of service; and
  - (8) A propulsion unit used for the purpose of propelling or controlling the direction of a barge where the unit is controlled from the barge, is not normally manned, and is not utilized as an independent vessel.
- (b) [Reserved]

## Notes

### Authority

Authority: 46 U.S.C. 3103, 3301, 3306, 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS Delegation 0170.1.

### Source

Source: 81 FR 40101, June 20, 2016, unless otherwise noted.