33 CFR § 104.105 - Applicability.
(a) This part applies to the owner or operator of any:
(4) Vessel subject to 46 CFR chapter I, subchapter L;
(6) Passenger vessel certificated to carry more than 150 passengers;
(10) Tankship subject to 46 CFR chapter I, subchapters D or O; and
(iii) Assists sections of a tow through a lock; or
(iv) Provides emergency assistance.
(c) Foreign Vessels that have on board a valid International Ship Security Certificate that certifies that the verifications required by part A, Section 19.1, of the International Ship and Port Facility Security (ISPS) Code (Incorporated by reference, see § 101.115 of this subchapter) have been completed will be deemed in compliance with this part, except for §§ 104.240, 104.255, 104.292, and 104.295, as appropriate. This includes ensuring that the vessel meets the applicable requirements of SOLAS Chapter XI-2 (Incorporated by reference, see § 101.115 of this subchapter) and the ISPS Code, part A, having taken into account the relevant provisions of the ISPS Code, part B, and that the vessel is provided with an approved security plan.
(d) The TWIC requirements found in parts 101 and 104 of this subchapter do not apply to foreign vessels.
(e) The TWIC requirements found in this part do not apply to mariners employed aboard vessels moored at U.S. facilities only when they are working immediately adjacent to their vessels in the conduct of vessel activities.
(f) Except pursuant to international treaty, convention, or agreement to which the U.S. is a party, this part does not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the U.S. and that is in:
(1) Innocent passage through the territorial sea of the U.S.; or
(2) Transit through the navigable waters of the U.S. that form a part of an international strait.
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