Small Passenger Vessel Regulations — Subchapter T Applicability

TL;DR — Subchapter T (46 CFR parts 175–185) governs inspection and certification of U.S. vessels of less than 100 gross tons carrying more than six passengers for hire; lifesaving appliance requirements for these vessels are found in 46 CFR part 180, not in subchapter W. 46 CFR §175.110 46 CFR §199.01

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What the rule says

Purpose and preemptive authority

Subchapter T exists to implement the statutory requirement for inspection and certification of small passenger vessels. 46 CFR §175.100 Critically, the regulations in subchapter T have preemptive effect over State or local regulations in the same field — meaning no state or municipality may impose conflicting requirements on a vessel subject to this subchapter. 46 CFR §175.100

Who is a "passenger"?

Under 33 CFR part 175, a passenger is any individual carried on a vessel except:

The owner, or an individual representative of the owner;
In the case of a vessel chartered without a crew, an individual charterer or representative of the charterer;
The master or operator of a recreational vessel; or
A member of the crew engaged in the business of the vessel, who has not contributed consideration for carriage, and who is paid for onboard services. 33 CFR §175.3

This definition is foundational. Whether a person counts as a "passenger" determines whether the vessel triggers the six-passenger threshold.

The six-passenger threshold — when Subchapter T applies

Subchapter T applies to each vessel of less than 100 gross tons that carries 150 or fewer passengers, or has overnight accommodations for 49 or fewer passengers, and that meets any one of the following conditions: 46 CFR §175.110

1. Carries more than six passengers, including at least one for hire; 46 CFR §175.110 2. Is chartered with a crew provided or specified by the owner or owner's representative and is carrying more than six passengers; 46 CFR §175.110 3. Is chartered without a crew provided or specified by the owner or owner's representative and is carrying more than 12 passengers; 46 CFR §175.110 4. Is a submersible vessel carrying at least one passenger for hire; or 46 CFR §175.110 5. Is a ferry carrying more than six passengers. 46 CFR §175.110

Note the distinction between crewed and bare-boat charters: a crewed charter triggers the rule at more than six passengers, while a bare-boat charter does not trigger it until more than twelve passengers are carried. 46 CFR §175.110

For vessels of less than 100 gross tons carrying more than 150 passengers or with overnight accommodations for more than 49 passengers, the applicable subchapter is K, not T. 46 CFR §175.110

Vessels expressly excluded from Subchapter T

The following vessels are not subject to subchapter T regardless of passenger count: 46 CFR §175.110

A vessel operating exclusively on inland waters that are not navigable waters of the United States;
An oceanographic research vessel;
A lifeboat or rescue boat forming part of a vessel's lifesaving equipment, not used for carrying passengers except in emergencies or drills;
A foreign-flag vessel that is a party to SOLAS 1974 (as amended) and has on board a current valid SOLAS Passenger Ship Safety Certificate; and
A foreign-flag vessel whose government has inspection laws approximating those of the United States, accords similar privileges to U.S. vessels, and has on board a current valid certificate of inspection permitting carriage of passengers. 46 CFR §175.110

Additional requirements irrespective of build date

Certain safety standards apply to subchapter T vessels regardless of when they were built, if the vessel is not a ferry and either has overnight accommodations for passengers or operates on a Coastwise or Oceans route. Those vessels must meet 46 CFR 181.405, 181.450, 181.500, 185.364, and 185.420(b). 46 CFR §175.110

Additionally, non-ferry vessels with overnight passenger accommodations must also meet 46 CFR 177.115(c), 177.500(n), 185.410(b), 185.507, and 185.515, irrespective of build date. 46 CFR §175.110

Alternative requirements — operating as other than a small passenger vessel

When the cognizant Officer in Charge, Marine Inspection (OCMI) endorses a vessel's Certificate of Inspection, a small passenger vessel carrying six or fewer passengers, or operating as a commercial fishing vessel, other uninspected vessel, or as a recreational vessel carrying fewer than twelve passengers, may be relieved of certain subchapter T requirements — specifically those in subparts C, D, and E of part 180, subpart C of part 177, parts 178 and 179, and sections 184.404 and 184.410 — provided the vessel is in satisfactory compliance with applicable uninspected or recreational vessel regulations. 46 CFR §176.114

A vessel operating under these alternative provisions must: 46 CFR §176.114

Not alter the vessel's arrangement or remove required equipment without OCMI consent;
Comply with the minimum manning specified on the Certificate of Inspection;
When carrying one to six passengers (other than as a recreational vessel), make the required safety announcement before getting underway; and
If the vessel exceeds 15 gross tons, not carry freight for hire. 46 CFR §176.114

The OCMI endorsement must specify the route, maximum number of passengers, and required manning. 46 CFR §176.114

Lifesaving appliances — Subchapter W does NOT apply to small passenger vessels

46 CFR part 199 (subchapter W) sets out lifesaving appliance requirements for inspected U.S. vessels generally, but it expressly excludes small passenger vessels, which are instead covered by subchapters K and T. 46 CFR §199.01 46 CFR §199.10

Table 199.10 confirms this: for subchapter T small passenger vessels on all services other than international voyages, the applicable lifesaving requirements are found in 46 CFR part 180, not in subchapter W subparts A through F. 46 CFR §199.10

For subchapter T small passenger vessels on international voyages or short international voyages, subchapter W subparts A, B, and C do apply. 46 CFR §199.10

46 CFR §25.01-1 states that its provisions apply to all vessels except as specifically noted, and directs attention to 33 CFR parts 175, 177, 179, 181, and 183 for additional regulations applicable to uninspected passenger vessels. 46 CFR §25.01-1 These are vessels that carry six or fewer passengers for hire and are not subject to the full inspection and certification regime of subchapter T.

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Why it matters on the exam

OUPV and Master 100 GT candidates are tested heavily on the boundary between uninspected and inspected small passenger vessel status. The exam will present scenarios and ask whether a vessel requires a Certificate of Inspection under subchapter T. Key numbers to memorize:

More than 6 passengers (at least one for hire) → subchapter T applies. 46 CFR §175.110
Crewed charter, more than 6 passengers → subchapter T applies. 46 CFR §175.110
Bare-boat charter, more than 12 passengers → subchapter T applies. 46 CFR §175.110
Ferry, more than 6 passengers → subchapter T applies. 46 CFR §175.110
Less than 100 GT, more than 150 passengers → subchapter K, not T. 46 CFR §175.110

The exam also tests the lifesaving appliance regulatory chain: subchapter W (part 199) does not govern small passenger vessels; part 180 does (for domestic service). 46 CFR §199.01 46 CFR §199.10

The preemptive effect of subchapter T over state and local regulations is a frequently tested concept. 46 CFR §175.100

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Common pitfalls

Pitfall 1 — Confusing the passenger count thresholds. The number "six" is the threshold for most scenarios, but the bare-boat charter threshold is twelve. Candidates who memorize only "six" will miss bare-boat charter questions. 46 CFR §175.110

Pitfall 2 — Misidentifying who counts as a passenger. The owner's representative, the master or operator of a recreational vessel, and paid crew members engaged in the business of the vessel do not count as passengers. Failing to exclude these individuals can lead to an incorrect conclusion that the six-passenger threshold is crossed. 33 CFR §175.3

Pitfall 3 — Applying subchapter W lifesaving rules to subchapter T vessels. Part 199 explicitly excludes small passenger vessels. Domestic-service subchapter T vessels look to part 180 for lifesaving appliance requirements. 46 CFR §199.01 46 CFR §199.10

Pitfall 4 — Forgetting the 100 GT / 150-passenger ceiling. Subchapter T only covers vessels under 100 GT carrying 150 or fewer passengers (or overnight accommodations for 49 or fewer). Above those limits, subchapter K governs. 46 CFR §175.110

Pitfall 5 — Assuming state rules can supplement subchapter T. Subchapter T has preemptive effect over state and local regulations in the same field. 46 CFR §175.100

Pitfall 6 — Overlooking the OCMI endorsement requirement for alternative operations. A vessel cannot simply operate under reduced requirements because it is carrying fewer passengers on a given trip. The alternative must be formally authorized by OCMI endorsement on the Certificate of Inspection. 46 CFR §176.114

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Quick check

Q1 — A 65 GT charter vessel departs with 8 paying passengers and a crew of 2. The owner provided the crew. Does subchapter T apply?

Yes. The vessel is under 100 GT, is chartered with a crew provided by the owner, and is carrying more than six passengers. All conditions of 46 CFR §175.110(a)(2) are met. 46 CFR §175.110

Q2 — A 45 GT vessel is bare-boat chartered (no crew provided by the owner) and departs with 10 passengers. Does subchapter T apply?

No. A bare-boat charter triggers subchapter T only when carrying more than 12 passengers. Ten passengers does not meet that threshold. 46 CFR §175.110

Q3 — Which CFR part governs lifesaving appliance requirements for a subchapter T small passenger vessel operating on a domestic coastwise route?

46 CFR part 180. Subchapter W (part 199) expressly excludes small passenger vessels, which are covered by subchapters K and T. For domestic service, Table 199.10 directs subchapter T vessels to part 180. 46 CFR §199.01 46 CFR §199.10

Q4 — A state enacts a regulation requiring all small passenger vessels operating in state waters to carry additional flares beyond what the Certificate of Inspection specifies. Is that state regulation enforceable?

No. Subchapter T regulations have preemptive effect over state or local regulations in the same field. 46 CFR §175.100

Q5 — A 90 GT vessel carries 160 passengers on a harbor tour, all for hire. Does subchapter T apply?

No. Subchapter T applies to vessels carrying 150 or fewer passengers. A vessel of less than 100 GT carrying more than 150 passengers falls under subchapter K. 46 CFR §175.110

Q6 — A vessel holds a subchapter T Certificate of Inspection but on a given voyage carries only four paying passengers. Can the master disregard the COI's manning requirements without further authorization?

No. A vessel operating under alternative requirements must still comply with the minimum manning specified on the Certificate of Inspection, and any reduction requires formal OCMI endorsement. 46 CFR §176.114