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