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
(2) Are in:
(i) Innocent passage through the territorial sea of the United States; or
(ii) Transit through navigable waters of the United States which form a part of an international strait.

Code of Federal Regulations

[CGD 77-063, 44 FR 66530, Nov. 19, 1979, as amended by CGD 79-148, 45 FR 54039, Aug. 14, 1980; USCG-2003-14757, 68 FR 39367, July 1, 2003; 68 FR 60569, Oct. 22, 2003]