§ 3202. Application

• (a) This chapter applies to a vessel that—
  • (1)
    • (A) is transporting more than 12 passengers described in section 2101(29)(A) of this title ; or
    • (B) is of at least 500 gross tons as measured under section 14302 of this title and is a tanker, freight vessel, bulk freight vessel, high speed freight vessel, or self-propelled mobile offshore drilling unit; and
  • (2)
    • (A) is engaged on a foreign voyage; or
    • (B) is a foreign vessel departing from a place under the jurisdiction of the United States on a voyage, any part of which is on the high seas.
• (b) This chapter applies to a vessel that is—
  • (1) a passenger vessel or small passenger vessel; and
  • (2) is transporting more passengers than a number prescribed by the Secretary based on the number of individuals on the vessel that could be killed or injured in a marine casualty.
• (c) This chapter applies to a vessel not described in subsection (a) of this section if the owner of the vessel requests the Secretary to apply this chapter to the vessel.
• (d) Except as provided in subsection (c) of this section, this chapter does not apply to—
  • (1) a barge;
  • (2) a recreational vessel not engaged in commercial service;
  • (3) a fishing vessel;
  • (4) a vessel operating on the Great Lakes or its tributary and connecting waters that is not described in subsection (b) of this section; or
  • (5) a public vessel.