Section 170.070 - Applicability(a) Except as provided in paragraph (b) of this section, this subpart applies to each vessel.(b) This subpart does not apply to any of the following vessels unless the stability of the vessel is questioned by the OCMI, or regulations by which the vessel is inspected require their application: (1) A passenger vessel that- (i) Is less than 100 gross tons;(ii) Is less than 65 feet (19.8 meters) LOD measured over the weather deck; and(iii) Carries 49 or less passengers.(2) A deck cargo barge that complies with the requirements in § 174.020 of this chapter.(3) A tank vessel that only carries a product listed in § 30.25-1 of this chapter and that is less than 150 gross tons.(4) A tank barge that-(i) Operates only in rivers or lakes, bays, and sounds service;(ii) Does not have to meet 33 CFR part 157, subpart B; and(iii) Only carries a product listed in § 30.25-1 of this chapter.(5) A sailing school vessel that is an open boat that complies with the requirements in § 173.063(e) of this subchapter.CGD 79-023, 48 FR 51010, Nov. 4, 1983, as amended by CGD 83-005, 51 FR 923, Jan. 9, 1986; USCG-2007-0030, 75 FR 78083 , Dec. 14, 2010