---
kind: "section"
citation: "49 C.F.R. § 39.5"
title: "49"
number: "39.5"
heading: "To whom do the provisions of this part apply?"
url: "https://uscodex.org/cfr/49/39.5"
---

# §39.5. To whom do the provisions of this part apply?

- (a) Except as provided in paragraph [(b)](#b) or (c) of this section, this Part applies to you if you are the owner or operator of any passenger vessel, and you are:
  - (1) A public entity that provides designated public transportation; or
  - (2) A private entity primarily engaged in the business of transporting people whose operations affect commerce and that provides specified public transportation;
- (b) If you are the PVO of a foreign-flag passenger vessel, this Part applies to you only if your vessel picks up passengers at a port in the United States, its territories, possessions, or commonwealths.

## Notes

### Authority

Authority: 42 U.S.C. 12101 through 12213; 49 U.S.C. 322; 29 U.S.C. 794.

### Source

Source: 75 FR 38893, July 6, 2010, unless otherwise noted.