49 CFR §39.5

1. (a)Except as provided in paragraph (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. (1)A public entity that provides designated public transportation; or
   2. (2)A private entity primarily engaged in the business of transporting people whose operations affect commerce and that provides specified public transportation;
2. (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.