---
kind: "section"
citation: "46 C.F.R. § 170.105"
title: "46"
number: "170.105"
heading: "Applicability."
url: "https://uscodex.org/cfr/46/170.105"
---

# §170.105. Applicability.

- (a) Except as provided in [paragraph (b)](#b) of this section, this subpart applies to each vessel.
- (b) This subpart does not apply to any of the following vessels unless the stability of the vessel is questioned by the OCMI:
  - (1) A deck cargo barge that complies with the requirements in [§ 174.020](/cfr/46/174.020.md) of this chapter.
  - (2) A tank vessel that only carries a product listed in [§ 30.25-1](/cfr/46/30.25-1.md) of this chapter and that is less than 150 gross tons.
  - (3) **A tank barge that—**
    - (i) Operates only in rivers or lakes, bays, and sounds service;
    - (ii) Does not have to meet [33 CFR part 157](/cfr/33/part157.md), [subpart B](/cfr/46/subpartB.md); and
    - (iii) Only carries a product listed in [§ 30.25-1](/cfr/46/30.25-1.md) of this chapter.
  - (4) A sailing school vessel that is an open boat that complies with the requirements in [§ 173.063(e)](/cfr/46/173.063.md?p=e) of this subchapter.
  - (5) A small passenger vessel inspected under subchapter T of this chapter if [§ 178.210(c)](/cfr/46/178.210.md?p=c) of this chapter is applicable.

## Notes

### Amendments

[CGD 79-023, 48 FR 51010, Nov. 4, 1983, as amended by CGD 83-005, 51 FR 923, Jan. 9, 1986; CGD 85-080, 61 FR 944, Jan. 10, 1996; USCG-2007-0030, 75 FR 78084, Dec. 14, 2010]

### Authority

Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1.

### Source

Source: CGD 79-023, 48 FR 51010, Nov. 4, 1983, unless otherwise noted.

### Amendments

[CGD 79-023, 48 FR 51010, Nov. 4, 1983, as amended by CGD 83-005, 51 FR 923, Jan. 9, 1986; CGD 85-080, 61 FR 944, Jan. 10, 1996; USCG-2007-0030, 75 FR 78084, Dec. 14, 2010]