164.02—Applicability exception for foreign vessels.
(a)
Except as provided in § 164.46(a)(2) of this part, including §§ 164.38 and 164.39, this part does not apply to vessels that:
(1)
Are not destined for, or departing from, a port or place subject to the jurisdiction of the United States; and
(ii)
Transit through navigable waters of the United States which form a part of an international strait.