---
kind: "section"
citation: "46 C.F.R. § 27.100"
title: "46"
number: "27.100"
heading: "Applicability; preemptive effect."
url: "https://uscodex.org/cfr/46/27.100"
---

# §27.100. Applicability; preemptive effect.

- (a) You must comply with this part if your towing vessel operates on the navigable waters of the United States, unless your vessel is one exempt under [paragraph (b)](#b) of this section.
- (b) **This part does not apply to you if your towing vessel is—**
  - (1) **Used solely for any of the following services or any combination of these services—**
    - (i) Within a limited geographic area, such as a fleeting-area for barges or a commercial facility, and used for restricted service, such as making up or breaking up larger tows;
    - (ii) For harbor-assist;
    - (iii) For assistance towing as defined by [46 CFR 10.103](/cfr/46/10.103.md);
    - (iv) For response to emergency or pollution;
  - (2) A public vessel that is both owned, or demise chartered, and operated by the United States Government or by a government of a foreign country; and that is not engaged in commercial service;
  - (3) A foreign vessel engaged in innocent passage; or
  - (4) **Exempted by the Captain of the Port (COTP).**
- (c) If you think your towing vessel should be exempt from these requirements for a specified route, you should submit a written request to the appropriate COTP. The COTP will provide you with a written response granting or denying your request. The COTP will consider the extent to which unsafe conditions would result if your vessel lost propulsion because of a fire in the engine room.
- (d) You must test and maintain all of the equipment required by this part in accordance with the attached nameplate or manufacturer's approved design manual.
- (e) **The regulations in this part have preemptive effect over State or local regulations in the same field.**

## Notes

### Amendments

[USCG-2000-6931, 69 FR 34069, June 18, 2004, as amended by USCG-2006-24797, 77 FR 33871, June 7, 2012]

### Authority

Authority: 46 U.S.C. 3306, 4102 (as amended by Pub. L. 104-324, 110 Stat. 3901); Department of Homeland Security Delegation No. 0170.1.

### Source

Source: USCG-2000-6931, 69 FR 34069, June 18, 2004, unless otherwise noted.

### Amendments

[USCG-2000-6931, 69 FR 34069, June 18, 2004, as amended by USCG-2006-24797, 77 FR 33871, June 7, 2012]