[Title 33 CFR 151]
[Code of Federal Regulations (annual edition) - July 1, 2005 Edition]
[Title 33 - NAVIGATION AND NAVIGABLE WATERS]
[Chapter I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)]
[Subchapter O - POLLUTION]
[Part 151 - VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE,]
[From the U.S. Government Printing Office]
33NAVIGATION AND NAVIGABLE WATERS22005-07-012005-07-01falseVESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE,151PART 151NAVIGATION AND NAVIGABLE WATERSCOAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)POLLUTION
PART 151_VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE,
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER--Table of Contents
Subpart A_Implementation of MARPOL 73/78 and the Protocol on
Environmental Protection to the Antarctic Treaty as it Pertains to
Pollution from Ships
General
Sec.
151.01 Purpose.
151.03 Applicability.
151.04 Penalties for violation.
151.05 Definitions.
151.06 Special areas.
151.07 Delegations.
151.08 Denial of entry.
Oil Pollution
151.09 Applicability.
151.10 Control of oil discharges.
151.11 Exceptions for emergencies.
151.13 Special areas for Annex I of MARPOL 73/78.
151.15 Reporting requirements.
151.17 Surveys.
151.19 International Oil Pollution Prevention (IOPP) Certificates.
151.21 Ships of countries not party to MARPOL 73/78.
151.23 Inspection for compliance and enforcement.
151.25 Oil Record Book.
151.26 Shipboard oil pollution emergency plans.
151.27 Plan submission and approval.
151.28 Plan review and revision.
151.29 Foreign ships.
Noxious Liquid Substance Pollution
151.30 Applicability.
151.31 Where to find requirements applying to oceangoing ships carrying
Category A, B, C, and D NLS.
151.32 Special areas for the purpose of Annex II.
151.33 Certificates needed to carry Category C Oil-like NLS.
151.35 Certificates needed to carry Category D NLS and Category D Oil-
like NLS.
151.37 Obtaining an Attachment for NLSs to the IOPP Certificate and
obtaining an NLS Certificate.
151.39 Operating requirements: Category D NLS.
151.41 Operating requirements for oceangoing ships with IOPP
Certificates: Category C and D Oil-like NLSs.
151.43 Control of discharge of NLS residues.
151.45 Reporting spills of NLS: Category A, B, C, and D.
151.47 Category D NLSs other than oil-like Category D NLSs that may be
carried under this part.
151.49 Category C and D Oil-like NLSs allowed for carriage.
Garbage Pollution and Sewage
151.51 Applicability.
151.53 Special areas for Annex V of MARPOL 73/78.
151.55 Recordkeeping requirements.
151.57 Waste management plans.
151.59 Placards.
151.61 Inspection for compliance and enforcement.
151.63 Shipboard control of garbage.
151.65 Reporting requirements.
151.66 Operating requirements: Discharge of garbage in the navigable
waters prohibited.
151.67 Operating requirements: Discharge of plastic prohibited.
151.69 Operating requirements: Discharge of garbage outside special
areas.
151.71 Operating requirements: Discharge of garbage within special
areas.
151.73 Operating requirements: Discharge of garbage from fixed or
floating platforms.
151.75 Grinders or comminuters.
151.77 Exceptions for emergencies.
Appendix A to Sections 151.51 through 151.77--Summary of Garbage
Discharge Restrictions
151.79 Operating requirements: Discharge of sewage within Antarctica.
Subpart B_Transportation of Municipal and Commercial Waste
151.1000 Purpose.
151.1003 Applicability.
151.1006 Definitions.
151.1009 Transportation of municipal or commercial waste.
151.1012 Applying for a conditional permit.
151.1015 Issuing or denying the issuance of a conditional permit.
151.1018 Withdrawal of a conditional permit.
151.1021 Appeals.
151.1024 Display of number.
Subpart C_Ballast Water Management for Control of Nonindigenous Species
in the Great Lakes and Hudson River
151.1500 Purpose.
151.1502 Applicability.
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151.1504 Definitions.
151.1506 Restriction of operation.
151.1508 Revocation of clearance.
151.1510 Ballast water management.
151.1512 Vessel safety.
151.1514 Ballast water management alternatives under extraordinary
conditions.
151.1516 Compliance monitoring.
151.1518 Penalties for failure to conduct ballast water management.
Subpart D_Ballast Water Management for Control of Nonindigenous Species
in waters of the United States
151.2000 What is the purpose of this subpart?
151.2005 To which vessels does this subpart apply?
151.2007 What are the penalties for violations of the mandatory
provisions of this subpart?
151.2010 Which vessels are exempt from the mandatory requirements?
151.2015 Is a vessel in innocent passage exempt from the mandatory
requirements?
151.2025 What definitions apply to this subpart?
151.2030 Who is responsible for determining when to use the safety
exemption?
151.2035 What are the required ballast water management practices for my
vessel?
151.2036 If my voyage does not take me into waters 200 nautical miles or
greater from any shore, must I divert to conduct a ballast
water exchange?
151.2037 If my vessel cannot conduct ballast water management practices
because of its voyage and/or safety concerns, will I be
prohibited from discharging ballast water?
151.2040 What are the mandatory ballast water management requirements
for vessels equipped with ballast tanks that operate in the
waters of the United States and are bound for ports or places
in the United States?
151.2041 What are the mandatory ballast water reporting requirements for
all vessels equipped with ballast tanks bound for ports or
places of the United States?
151.2043 Equivalent Reporting Methods for vessels other than those
entering the Great Lakes or Hudson River after operating
outside the EEZ or Canadian equivalent.
151.2045 What are the mandatory recordkeeping requirements for vessels
equipped with ballast tanks that are bound for a port or place
in the United States?
151.2050 What methods are used to monitor compliance with this subpart?
151.2055 Where are the alternate exchange zones located? [Reserved]
151.2060 What must each application for approval of an alternative
compliance technology contain? [Reserved]
151.2065 What is the standard of adequate compliance determined by the
ANSTF for this subpart? [Reserved]
Appendix to Subpart D of Part 151--Ballast Water Reporting Form and
Instructions for Ballast Water Reporting Form
Authority: 33 U.S.C. 1321 and 1903; Pub. L. 104-227 (110 Stat.
3034), E.O. 12777, 3 CFR, 1991 Comp. p. 351.
Subpart A_Implementation of MARPOL 73/78 and the Protocol on
Environmental Protection to the Antarctic Treaty as it Pertains to
Pollution from Ships
General
Authority: 33 U.S.C. 1321 and 1903; Pub. L. 104-227 (110 Stat.
3034), E.O. 12777, 3 CFR, 1991 Comp. p. 351; 49 CFR 1.46.
Source: CGD 75-124a, 48 FR 45709, Oct. 6, 1983, unless otherwise
noted.
Sec. 151.01 Purpose.
The purpose of this subpart is to implement the Act to Prevent
Pollution from Ships, 1980, as amended (33 U.S.C. 1901-1911) and Annexes
I, II and V of the International Convention for the Prevention of
Pollution from Ships, 1973, as modified by the Protocol of 1978 relating
thereto (MARPOL 73/78), done at London on February 17, 1978. This
subpart also implements the Antarctic Science, Tourism, and Conservation
Act of 1996, and the Protocol on Environmental Protection to the
Antarctic Treaty done at Madrid on October 4, 1991.
[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18582, May 2, 1990; CGD 97-015, 62 FR 18045, Apr. 14, 1997; USCG-
2000-7641, 66 FR 55570, Nov. 2, 2001]
Sec. 151.03 Applicability.
This subpart applies to each ship that must comply with Annex I, II
or V of MARPOL 73/78 unless otherwise indicated.
[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18582, May 2, 1990; CGD 97-015, 62 FR 18045, Apr. 14, 1997]
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Sec. 151.04 Penalties for violation.
(a) A person who violates MARPOL 73/78, the Act, or the regulations
of this subpart is liable for a civil penalty for each violation, as
provided by 33 U.S.C. 1908(b)(1). Each day of a continuing violation
constitutes a separate violation.
(b) A person who makes a false, fictitious statement or fraudulent
representation in any matter in which a statement or representation is
required to be made to the Coast Guard under MARPOL 73/78, the Act, or
the regulations of this subpart, is liable for a civil penalty for each
statement or representation, as provided by 33 U.S.C. 1908(b)(2).
(c) A person who knowingly violates MARPOL 73/78, the Act, or the
regulations of this subpart commits a class D felony, as described in 18
U.S.C. 3551 et seq. In the discretion of the Court, an amount equal to
not more than one-half of the fine may be paid to the person giving
information leading to conviction.
(d) A ship operated in violation of MARPOL 73/78, the Act, or the
regulations of this subpart is liable in rem for any civil penalty
covered by paragraph (a) or (b) of this section, or any fine covered by
paragraph (c) of this section, and may be proceeded against in the
United States District Court of any district in which the ship may be
found.
[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18582, May 2, 1990; CGD 92-007, 57 FR 33261, July 27, 1992; CGD 96-
052, 62 FR 16703, Apr. 8, 1997; USCG-1999-5832, 64 FR 34714, June 29,
1999]
Sec. 151.05 Definitions.
As used in this subpart--
Act means the Act to Prevent Pollution from Ships, as amended (33
U.S.C. 1901-1911).
Antarctica means the area south of 60 degrees south latitude.
Cargo associated wastes means all materials which have become wastes
as a result of use on board a ship for cargo stowage and handling. Cargo
associated wastes include, but are not limited to dunnage, shoring,
pallets, lining and packing materials, plywood, paper, cardboard, wire,
and steel strapping.
Clean ballast means the ballast in a tank which, since oil was last
carried therein, has been so cleaned that effluent therefrom, if it were
discharged from a ship that is stationary into clean calm water on a
clear day would not produce visible traces of oil on the surface of the
water or adjoining shorelines or cause a sludge or emulsion to be
deposited beneath the surface of the water or upon adjoining shorelines.
If the ballast is discharged through an oil discharge monitoring and
control system approved by the government of the country under whose
authority the ship is operating, evidence based on such a system, to the
effect that the oil content of the effluent does not exceed 15 parts per
million (ppm) is determinative that the ballast is clean.
Commandant means Commandant, U.S. Coast Guard.
Discharge means any release, however caused, from a ship and
includes any escape, disposal, spilling, leaking, pumping, emitting or
emptying. It does not include--
(1) Dumping within the meaning of the Convention on the Prevention
of Marine Pollution by Dumping of Wastes and Other Matter, done at
London on 13 November 1972; or
(2) Release of oil or oily mixtures directly arising from the
exploration, exploitation and associated off-shore processing of sea-bed
mineral resources.
Discharge, as defined by MARPOL 73/78 in relation to harmful
substances or effluent containing such substances, means any release
however caused from a ship, and includes any escape, disposal, spilling,
leaking, pumping, emitting or emptying. It does not include--
(1) Dumping within the meaning of the Convention on the Prevention
of Marine Pollution by Dumping of Wastes and Other Matter, done at
London on November 13, 1972; or
(2) The release of harmful substances directly arising from the
exploration, exploitation, and associated offshore processing of seabed
mineral resources; or
(3) The release of harmful substances for purposes of legitimate
scientific research relating to pollution abatement or control.
Dishwater means the liquid residue from the manual or automatic
washing
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of dishes and cooking utensils which have been pre-cleaned to the extent
that any food particles adhering to them would not normally interfere
with the operation of automatic dishwashers.
Domestic wastes means all types of wastes generated in the living
spaces on board a ship, except victual wastes.
Existing ship means a ship that is not a new ship.
Fuel oil means any oil used to fuel the propulsion and auxiliary
machinery of the ship carrying the fuel. The term ``fuel oil'' is also
known as ``oil fuel.''
Garbage means all kinds of victual, domestic, and operational waste,
excluding fresh fish and parts thereof, generated during the normal
operation of the ship and liable to be disposed of continuously or
periodically, except dishwater, graywater, and those substances that are
defined or listed in other Annexes to MARPOL 73/78.
Graywater means drainage from dishwasher, shower, laundry, bath, and
washbasin drains and does not include drainage from toilets, urinals,
hospitals, and cargo spaces.
Great Lakes means the Great Lakes of North America and the St.
Lawrence River west of a rhumb line drawn from Cap des Rosiers to West
Point, Anticosti Island, and, on the north side of Anticosti Island, the
meridian of longitude 63 degrees west.
Harmful substance means any substance which, if introduced into the
sea, is liable to create hazards to human health, harm living resources
and marine life, damage amenities, or interfere with other legitimate
uses of the sea, and includes any substance subject to control by MARPOL
73/78.
High viscosity Category B NLS means any Category B NLS having a
viscosity of at least 25 mPa.s at 20 [deg]C and at least 25 mPa.s at the
time it is unloaded.
High viscosity Category C NLS means any Category C NLS having a
viscosity of at least 60 mPa.s at 20 [deg]C and at least 60 mPa.s at the
time it is unloaded.
High viscosity NLS includes Category A NLSs having a viscosity of at
least 25 mPa.s at 20 [deg]C and at least 25 mPa.s at the time they are
unloaded, high viscosity Category B NLSs, and high viscosity Category C
NLSs.
Instantaneous rate of discharge of oil content means the rate of
discharge of oil in liters per hour at any instant divided by the speed
of the ship in knots at the same instant.
Length means the horizontal distance between the foremost part of a
ship's stem to the aftermost part of its stern, excluding fittings and
attachments.
Maintenance waste means materials collected while maintaining and
operating the ship, including, but not limited to, soot, machinery
deposits, scraped paint, deck sweepings, wiping wastes, and rags.
Major conversion means a conversion of an existing ship--
(1) That substantially alters the dimensions or carrying capacity of
the ship; or
(2) That changes the type of the ship; or
(3) The intent of which, in the opinion of the government of the
country under whose authority the ship is operating, is substantially to
prolong its life; or
(4) Which otherwise so alters the ship that, if it were a new ship,
it would become subject to relevant provisions of MARPOL 73/78 not
applicable to it as an existing ship.
MARPOL 73/78 means the International Convention for the Prevention
of Pollution from Ships, 1973, as modified by the Protocol of 1978
relating to that Convention. A copy of MARPOL 73/78 is available from
the International Maritime Organization, 4 Albert Embankment, London,
SE1, SR7, England.
Medical waste means isolation wastes, infectious agents, human blood
and blood products, pathological wastes, sharps, body parts,
contaminated bedding, surgical wastes and potentially contaminated
laboratory wastes, dialysis wastes, and such additional medical items as
prescribed by the Administrator of the EPA by regulation.
Nearest land. The term ``from the nearest land'' means from the
baseline from which the territorial sea of the territory in question is
established in accordance with international law, except that, for the
purposes of these regulations, ``from the nearest land'' off
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the north eastern coast of Australia shall mean from a line drawn from a
point on the coast of Australia in--
latitude 11[deg]00[min] South, longitude 142[deg]08[min] East to a point
in--latitude 10[deg]35[min] South, longitude 141[deg]55[min] East,
thence to a point--latitude 10[deg]00[min] South, longitude
142[deg]00[min] East, thence to a point--latitude 9[deg]10[min] South,
longitude 143[deg]52[min] East, thence to a point--latitude
9[deg]00[min] South, longitude 144[deg]30[min] East, thence to a point--
latitude 13[deg]00[min] South, longitude 144[deg]00[min] East, thence to
a point--latitude 15[deg]00[min] South, longitude 146[deg]00[min] East,
thence to a point--latitude 18[deg]00[min] South, longitude
147[deg]00[min] East, thence to a point--latitude 21[deg]00[min] South,
longitude 153[deg]00[min] East, thence to a point on the coast of
Australia in latitude 24[deg]42[min] South, longitude 153[deg]15[min]
East.
New ship means a ship--
(1) For which the building contract is placed after December 31,
1975; or
(2) In the absence of a building contract, the keel of which is laid
or which is at a similar stage of construction after June 30, 1976; or
(3) The delivery of which is after December 31, 1979; or
(4) That has undergone a major conversion--
(i) For which the contract is placed after December 31, 1975;
(ii) In the absence of a contract, the construction work of which is
begun after June 30, 1976; or
(iii) That is completed after December 31, 1979.
(5) For the purposes of Sec. Sec. 151.26 through 151.28, which is
delivered on or after April 4, 1993.
NLS means Noxious Liquid Substance.
NLS Certificate means an International Pollution Prevention
Certificate for the Carriage of Noxious Liquid Substances in Bulk issued
under MARPOL 73/78.
Noxious liquid substance (NLS) means--
(1) Each substance listed in Sec. 151.47 or Sec. 151.49;
(2) Each substance having an ``A'', ``B'', ``C'', or ``D'' beside
it's name in the column headed ``Pollution Category'' in Table 1 of 46
CFR Part 153; and
(3) Each substance that is identified as an NLS in a written
permission issued under 46 CFR 153.900 (d).
Oceangoing ship means a ship that--
(1) Is operated under the authority of the United States and engages
in international voyages;
(2) Is operated under the authority of the United States and is
certificated for ocean service;
(3) Is operated under the authority of the United States and is
certificated for coastwise service beyond three miles from land;
(4) Is operated under the authority of the United States and
operates at any time seaward of the outermost boundary of the
territorial sea of the United States as defined in Sec. 2.05 of this
chapter; or
(5) Is operated under the authority of a country other than the
United States.
Note: A Canadian or U.S. ship being operated exclusively on the
Great Lakes of North America or their connecting and tributary waters,
or exclusively on the internal waters of the United States and Canada;
is not an ``oceangoing'' ship.
Oil means petroleum whether in solid, semi-solid, emulsified, or
liquid form, including but not limited to, crude oil, fuel oil, sludge,
oil refuse, oil residue, and refined products, and, without limiting the
generality of the foregoing, includes the substances listed in Appendix
I of Annex I of MARPOL 73/78. ``Oil'' does not include animal and
vegetable based oil or noxious liquid substances (NLS) designated under
Annex II of MARPOL 73/78.
Oil cargo residue means any residue of oil cargo whether in solid,
semi-solid, emulsified, or liquid form from cargo tanks and cargo pump
room bilges, including but not limited to, drainages, leakages,
exhausted oil, muck, clingage, sludge, bottoms, paraffin (wax), and any
constituent component of oil. The term ``oil cargo residue'' is also
known as ``cargo oil residue.''
Oil residue means--
(1) Oil cargo residue; and
(2) Other residue of oil whether in solid, semi-solid, emulsified,
or liquid form, resulting from drainages, leakages, exhausted oil, and
other similar occurrences from machinery spaces.
Oily mixture means a mixture, in any form, with any oil content.
``Oily mixture'' includes, but is not limited to--
(1) Slops from bilges;
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(2) Slops from oil cargoes (such as cargo tank washings, oily waste,
and oily refuse);
(3) Oil residue; and
(4) Oily ballast water from cargo or fuel oil tanks.
Oily rags means rags soaked with oil.
Oil-like NLS means each cargo listed in Sec. 151.49.
Oil tanker means a ship constructed or adapted primarily to carry
oil in bulk in its cargo spaces and includes combination carriers and
any ``chemical tanker'' as defined in Annex II of MARPOL 73/78 when it
is carrying a cargo or part cargo of oil in bulk.
Oily mixture means a mixture with any oil content, including bilge
slops, oily wastes, oil residues (sludge), oily ballast water, and
washings from cargo oil tanks.
Operational waste means all cargo-associated waste, maintenance
waste, and cargo residues other than oil residues and NLS cargo
residues. ``Operational wastes'' includes ashes and clinkers (i.e., a
mass of incombustible matter fused together by heat) from shipboard
incinerators and coal-burning boilers but does not include plastic
clinkers, which are treated as an Annex V waste, or oily rags, which are
treated as an Annex I waste.
Person means an individual, firm, public or private corporation,
partnership, association, State, municipality, commission, political
subdivision of a State, or any interstate body.
Plastic means any garbage that is solid material, that contains as
an essential ingredient one or more synthetic organic high polymers, and
that is formed or shaped either during the manufacture of the polymer or
polymers or during fabrication into a finished product by heat or
pressure or both. ``Degradable'' plastics, which are composed of
combinations of degradable starches and are either (a) synthetically
produced or (b) naturally produced but harvested and adapted for use,
are plastics under this part. Naturally produced plastics such as
crabshells and other types of shells, which appear normally in the
marine environment, are not plastics under this part.
Note: Plastics possess material properties ranging from hard and
brittle to soft and elastic. Plastics are used for a variety of marine
applications including, but not limited to: food wrappings, products for
personal hygiene, packaging (vaporproof barriers, bottles, containers,
and liners), ship construction (fiberglass and laminated structures,
siding, piping insulation, flooring, carpets, fabrics, adhesives, and
electrical and electronic components), disposable eating-utensils and
cups (including styrene products), bags, sheeting, floats, synthetic
fishing nets, monofilament fishing line, strapping bands, hardhats, and
synthetic ropes and lines.
Port means--
(1) A group of terminals that combines to act as a unit and be
considered a port for the purposes of this subpart;
(2) A port authority or other organization that chooses to be
considered a port for the purposes of this subpart; or
(3) A place or facility that has been specifically designated as a
port by the COTP.
Prewash means a tank washing operation that meets the procedure in
46 CFR 153.1120.
Recognized Classification Society means a classification society
that is a participating member of the International Association of
Classification Societies (IACS).
Residues and mixtures containing NLSs (NLS residue) means--
(1) Any Category A, B, C, or D NLS cargo retained on the ship
because it fails to meet consignee specifications;
(2) Any part of a Category A, B, C, or D NLS cargo remaining on the
ship after the NLS is discharged to the consignee, including but not
limited to puddles on the tank bottom and in sumps, clingage in the
tanks, and substance remaining in the pipes; or
(3) Any material contaminated with Category A, B, C, or D NLS cargo,
including but not limited to bilge slops, ballast, hose drip pan
contents, and tank wash water.
Segregated ballast means the ballast water introduced into a tank
that is completely separated from the cargo oil and fuel oil system and
that is permanently allocated to the carriage of ballast or to the
carriage of ballast or cargoes other than oil or noxious substances as
variously defined in the Annexes of MARPOL 73/78.
Ship means a vessel of any type whatsoever, operating in the marine
environment. This includes hydrofoils, air-
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cushion vehicles, submersibles, floating craft whether self-propelled or
not, and fixed or floating drilling rigs and other platforms.
Shipboard oil pollution emergency plan means a plan prepared,
submitted, and maintained according to the provisions of Sec. Sec.
151.26 through 151.28 of this subpart for United States ships or
maintained according to the provisions of Sec. 151.29(a) of this
subpart for foreign ships operated under the authority of a country that
is party to MARPOL 73/78 or carried on board foreign ships operated
under the authority of a country that is not a party to MARPOL 73/78,
while in the navigable waters of the United States, as evidence of
compliance with Sec. 151.21 of this subpart.
Solidifying NLS means a Category A, B, or C NLS that has a melting
point--
(1) Greater than 0 [deg]C but less than 15 [deg]C and a temperature,
measured under the procedure in 46 CFR 153.908(d), that is less than 5
[deg]C above its melting point at the time it is unloaded; or
(2) 15 [deg]C or greater and a temperature, measured under the
procedure in 46 CFR 153.908(d), that is less than 10 [deg]C above its
melting point at the time it is unloaded.
Special area means a sea area, where for recognized technical
reasons in relation to its oceanographical and ecological condition and
to the particular character of the traffic, the adoption of special
mandatory methods for the prevention of sea pollution by oil, NLSs, or
garbage is required.
Terminal means an onshore facility or an offshore structure located
in the navigable waters of the United States or subject to the
jurisdiction of the United States and used, or intended to be used, as a
port or facility for the transfer or other handling of a harmful
substance.
Note: The Coast Guard interprets commercial fishing facilities,
recreational boating facilities, and mineral and oil industry shorebases
to be terminals for the purposes of Annex V of MARPOL 73/78, since these
facilities normally provide wharfage and other services, including
garbage handling, for ships.
U.S. inspected ships means those ship required to be inspected and
certificated under 46 CFR 2.01-7.
Victual waste means any spoiled or unspoiled food waste.
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977, Dec. 8, 1983, as
amended by CGD 85-010, 52 FR 7758, Mar. 12, 1987; CGD 88-002, 54 FR
18403, Apr. 28, 1989; CGD 88-002A, 55 FR 18582, May 2, 1990; CGD 88-002,
55 FR 35988, Sept. 4, 1990; CGD 88-002A, 56 FR 8880, Mar. 1, 1991; CGD
93-030, 59 FR 51338, Oct. 7, 1994; CGD 94-056, 60 FR 43377, Aug. 21,
1995; CGD 97-015, 62 FR 18045, Apr. 14, 1997; USCG 2000-7079, 65 FR
67155, Nov. 8, 2000; USCG-2000-7641, 66 FR 55570, Nov. 2, 2001]
Sec. 151.06 Special areas.
(a) For the purposes of this part, the navigational descriptions of
the special areas are as follows:
(1) The Mediterranean Sea area means the Mediterranean Sea proper
including the gulfs and seas therein, with the boundary between the
Mediterranean and the Black Sea constituted by the 41[deg] N parallel
and bounded to the west by the Straits of Gibraltar at the meridian of
5[deg]36[min] W.
(2) The Baltic Sea means the Baltic Sea proper with the Gulf of
Bothnia, the Gulf of Finland, and the entrance to the Baltic Sea bounded
by the parallel of the Skaw in the Skagerrak at 57[deg]44.8[min] N.
(3) The Black Sea area means the Black Sea proper with the boundary
between the Mediterranean Sea and the Black Sea constituted by the
parallel 41[deg] N.
(4) The Red Sea area means the Red Sea proper including the Gulfs of
Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane
(12[deg]8.5[min] N, 43[deg]19.6[min] E) and Husn Murad (12[deg]40.4[min]
N, 43[deg]30.2[min] E).
(5) The Gulfs areas means the sea area located northwest of the
rhumb line between Ras al Hadd (22[deg]30[min] N, 59[deg]48[min] E) and
Ras al Fasteh (25[deg]04[min] N, 61[deg]25[min] E).
(6) The Gulf of Aden areas means the part of the Gulf of Aden
between the Red Sea and the Arabian Sea bounded to the west by the rhumb
line between Ras si Ane (12[deg]28.5[min] N, 43[deg]19.6[min] E) and
Husn Murad (12[deg]40.4[min] N, 43[deg]30.2[min] E) and to the east by
the rhumb line between Ras Asir (11[deg]50[min] N, 51[deg]16.9[min] E)
and the Ras Fartak (15[deg]35[min] N, 52[deg]13.8[min] E).
(7) The Antarctic areas means the sea south of 60[deg] south
latitude.
[[Page 266]]
(8) The North Sea area means the North Sea proper, including seas
within the North Sea southwards of latitude 62[deg] N and eastwards of
longitude 4[deg] W; the Skagerrak, the southern limit of which is
determined east of the Skaw by latitude 57[deg]44.8[min] N; and the
English Channel and its approaches eastwards of longitude 5[deg] W.
(9) The Wider Caribbean region means the Gulf of Mexico and
Caribbean Sea proper, including the bays and seas therein and that
portion of the Atlantic Ocean within the boundary constituted by the
30[deg] N parallel from Florida eastward to 77[deg]30[min] W meridian,
thence a rhumb line to the intersection of 20[deg] N parallel and
59[deg] W meridian, thence a rhumb line to the intersection of
7[deg]20[min] N parallel and 50[deg] W meridian, thence a rhumb line
drawn southwesterly to the eastern boundary of French Guiana.
(b) Special areas for the purpose of Annex I of MARPOL 73/78 include
those referenced in Sec. 151.13. Special areas for the purposes of
Annex II of MARPOL 73/78 include those referenced in Sec. 151.32.
Special areas for the purpose of Annex V of MARPOL 73/78 include those
referenced in Sec. 151.53.
[CGD 94-056, 60 FR 43377, Aug. 21, 1995]
Sec. 151.07 Delegations.
Each Coast Guard official designated as a Captain of the Port (COTP)
or Officer in Charge, Marine Inspection (OCMI) or Commanding Officer,
Marine Safety Office (MSO), is delegated the authority to--
(a) Issue International Oil Pollution Prevention (IOPP)
Certificates;
(b) Detain or deny entry to ships not in substantial compliance with
MARPOL 73/78 or not having an IOPP Certificate or evidence of compliance
with MARPOL 73/78 on board;
(c) Receive and investigate reports under Sec. 151.15; and
(d) Issue subpoenas to require the attendance of any witness and the
production of documents and other evidence, in the course of
investigations of potential violations of the Act to Prevent Pollution
from Ships, as amended (33 U.S.C. 1901-1911), this subpart, or MARPOL
73/78.
[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18582, May 2, 1990]
Sec. 151.08 Denial of entry.
(a) Unless a ship is entering under force majeure, no oceangoing
tanker or any other oceangoing ship of 400 gross tons or more required
by Sec. 151.10 to retain oil, oil residue, or oily mixtures on board
while at sea, and no oceangoing ship carrying a Category A, B, or C NLS
cargo or NLS residue in cargo tanks that are required to be prewashed
under 46 CFR Part 153, may enter any port or terminal under Sec.
158.110(a) of this chapter unless the port or terminal has a Certificate
of Adequacy, as defined in Sec. 158.120 of this chapter.
(b) A COTP may deny the entry of a ship to a port or terminal under
Sec. 158.110(b) if--
(1) The port or terminal does not have a Certificate of Adequacy, as
required in Sec. 158.135 of this chapter; or
(2) The port or terminal is not in compliance with the requirements
of Subpart D of Part 158.
[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by USCG-2000-7641,
66 FR 55570, Nov. 2, 2001]
Oil Pollution
Source: Sections 151.09 through 151.25 appear by CGD 75-124a, 48 FR
45709, Oct. 6, 1983, unless otherwise noted.
Sec. 151.09 Applicability.
(a) Except as provided in paragraph (b) of this section, Sec. Sec.
151.09 through 151.25 apply to each ship that--
(1) Is operated under the authority of the United States and engages
in international voyages;
(2) Is operated under the authority of the United States and is
certificated for ocean service;
(3) Is operated under the authority of the United States and is
certificated for coastwise service beyond three nautical miles from
land;
(4) Is operated under the authority of the United States and
operates at any time seaward of the outermost boundary of the
territorial sea of the United
[[Page 267]]
States as defined in Sec. 2.05-10 of this chapter; or
(5) Is operated under the authority of a country other than the
United States while in the navigable waters of the United States, or
while at a port or terminal under the jurisdiction of the United States.
(b) Sections 151.09 through 151.25 do not apply to--
(1) A warship, naval auxiliary, or other ship owned or operated by a
country when engaged in noncommercial service;
(2) A Canadian or U.S. ship being operated exclusively on the Great
Lakes of North America or their connecting and tributary waters;
(3) A Canadian or U.S. ship being operated exclusively on the
internal waters of the United States and Canada; or
(4) Any other ship specifically excluded by MARPOL 73/78.
(c) Sections 151.26 through 151.28 apply to each United States
oceangoing ship specified in paragraphs (a)(1) through (a)(4) of this
section which is--
(1) An oil tanker of 150 gross tons and above or other ship of 400
gross tons and above; or
(2) A fixed or floating drilling rig or other platform, when not
engaged in the exploration, exploitation, or associated offshore
processing of seabed mineral resources.
(d) Sections 151.26 through 151.28 do not apply to--
(1) The ships specified in paragraph (b) of this section;
(2) Any barge or other ship which is constructed or operated in such
a manner that no oil in any form can be carried aboard.
Note: The term ``internal waters'' is defined in Sec. 2.05-20 of
this chapter.
(e) Section 151.26(b)(5) applies to all vessels subject to the
jurisdiction of the United States and operating in Antarctica.
[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18582, May 2, 1990; CGD 93-030, 59 FR 51338, Oct. 7, 1994; CGD 97-
015, 62 FR 18045, Apr. 14, 1997]
Sec. 151.10 Control of oil discharges.
(a) When more than 12 nautical miles from the nearest land, any
discharge of oil or oily mixtures into the sea from a ship other than an
oil tanker or from machinery space bilges of an oil tanker is prohibited
except when all of the following conditions are satisfied--
(1) The oil or oily mixture does not originate from cargo pump room
bilges;
(2) The oil or oily mixture is not mixed with oil cargo residues;
(3) The ship is not within a special area;
(4) The ship is proceeding enroute;
(5) The oil content of the effluent without dilution is less than 15
parts per million (ppm); and
(6) The ship has in operation oily-water separating equipment, a
bilge monitor, bilge alarm, or combination thereof as required by Part
155 Subpart B of this chapter.
(b) When within 12 nautical miles of the nearest land, any discharge
of oil or oily mixtures into the sea from a ship other than an oil
tanker or from machinery space bilges of an oil tanker is prohibited
except when all of the following conditions are satisfied--
(1) The oil or oily mixture does not originate from cargo pump room
bilges;
(2) The oil or oily mixture is not mixed with oil cargo residues;
(3) The oil content of the effluent without dilution does not exceed
15 ppm;
(4) The ship has in operation oily-water separating equipment, a
bilge monitor, bilge alarm, or combination thereof as required by Part
155 Subpart B of this chapter; and
(5) The oily-water separating equipment is equipped with a 15 ppm
bilge alarm; for U.S. inspected ships, approved under 46 CFR 162.050 and
for U.S. uninspected ships and foreign ships, either approved under 46
CFR 162.050 or listed in the current International Maritime Organization
(IMO) Marine Environment Protection Committee (MEPC) Circular summary of
MARPOL 73/78 approved equipment.
Note: In the navigable waters of the United States, the Federal
Water Pollution Control Act (FWPCA), section 311(b)(3) and 40 CFR Part
110 govern all discharges of oil or oily-mixtures.
(c) The overboard discharge of any oil cargo residues and oily
mixtures that include oil cargo residues from an oil
[[Page 268]]
tanker is prohibited, unless discharged in compliance with part 157 of
this chapter.
(d) When more than 12 nautical miles from the nearest land, any
discharge of oil or oily mixtures into the sea from a ship other than an
oil tanker or from machinery space bilges of an oil tanker; that is not
proceeding enroute; shall be in accordance with paragraphs (b)(1),
(b)(2), (b)(3), (b)(4), and (b)(5) of this section.
(e) The provisions of paragraphs (a), (b), (c) and (d) of this
section do not apply to the discharge of clean or segregated ballast.
(f) The person in charge of an oceangoing ship that cannot discharge
oily mixtures into the sea in compliance with paragraphs (a), (b), (c),
or (d) of this section must ensure that those oily mixtures are--
(1) Retained on board; or
(2) Discharged to a reception facility. If the reception facility is
in a port or terminal in the United States, each person who is in charge
of each oceangoing tanker or any other oceangoing ship of 400 gross tons
or more shall notify the port or terminal, at least 24 hours before
entering the port or terminal, of--
(i) The estimated time of day the ship will discharge oily mixtures;
(ii) The type of oily mixtures to be discharged; and
(iii) The volume of oily mixtures to be discharged.
Note: There are Federal, state, or local laws or regulations that
could require a written description of the oil residues and oily
mixtures to be discharged. For example, a residue or mixture containing
oil might have a flashpoint less than 60 [deg]C (140 [deg]F) and thus
have the characteristic of ignitability under 40 CFR 261.21, which might
require a description of the waste for a manifest under 40 CFR Part 262,
Subpart B. Occupational safety and health concerns may be covered, as
well as environmental ones.
The notice required in this section is in addition to those required
by other Federal, state, and local laws and regulations. Affected
persons should contact the appropriate Federal, state, or local agency
to determine whether other notice and information requirements,
including 40 CFR Parts 262 and 263, apply to them.
(g) No discharge into the sea shall contain chemicals or other
substances introduced for the purpose of circumventing the conditions of
discharge specified in this regulation.
(h) This section does not apply to a fixed or floating drilling rig
or other platform that is operating under a National Pollutant Discharge
Elimination System (NPDES) permit.
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 78-035, 50 FR
36793, Sept. 9, 1985. Redesignated by CGD 88-002, 54 FR 18404, Apr. 28,
1989; USCG-1998-3799, 63 FR 35530, June 30, 1998; USCG-2000-7641, 66 FR
55571, Nov. 2, 2001]
Sec. 151.11 Exceptions for emergencies.
(a) Sections 151.10 and 151.13 do not apply to--
(1) The discharge into the sea of oil or oily mixture necessary for
the purpose of securing the safety of a ship or saving life at sea.
(2) The discharge into the sea of oil or oily mixture resulting from
damage to a ship or its equipment--
(i) Provided that all reasonable precautions have been taken after
the occurrence of the damage or discovery of the discharge for the
purpose of preventing or minimizing the discharge; and
(ii) Except if the owner or the master acted either with intent to
cause damage, or recklessly and with knowledge that damage would
probably result.
(b) [Reserved]
[CGD 75-134a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 88-002, 54 FR
18404, Apr. 28, 1989]
Sec. 151.13 Special areas for Annex I of MARPOL 73/78.
(a) For the purposes of Sec. Sec. 151.09 through 151.25, the
special areas are the Mediterranean Sea area, the Baltic Sea area, the
Black Sea area, the Red Sea area, the Gulfs area, the Gulf of Aden, and
the Antarctic area which are described in Sec. 151.06. The discharge
restrictions are effective in the Mediterranean Sea, Baltic Sea, Black
Sea, and the Antarctic area.
(b) Subject to the provisions of Sec. 151.11--
(1) A ship of 400 gross tons or over and any oil tanker may not
discharge oil or oily mixture within a special area. In the Antarctic
area, discharge into the sea of oil or oily mixture from any ship is
prohibited.
[[Page 269]]
(2) A ship of less than 400 gross tons other than an oil tanker may
not discharge oil or oily mixture within a special area, unless the oil
content of the effluent without dilution does not exceed 15 parts per
million (ppm).
(3) All ships operating in the Antarctic area must have on board a
tank or tanks of sufficient capacity to retain all oily mixtures while
operating in the area and arrangements made to discharge oily mixtures
at a reception facility outside the Antarctic area.
(c) The provisions of paragraph (b) of this section do not apply to
the discharge of clean or segregated ballast.
(d) The provisions of paragraph (b)(1) of this section do not apply
to the discharge of processed bilge water from machinery space bilges,
provided that all of the following conditions are satisfied--
(1) The bilge water does not originate from cargo pump room bilges;
(2) The bilge water is not mixed with oil cargo residues;
(3) The ship is proceeding enroute;
(4) The oil content of the effluent without dilution does not exceed
15 ppm;
(5) The ship has in operation oily-water separating equipment
complying with Part 155 of this chapter; and
(6) The oily-water separating equipment is equipped with a device
that stops the discharge automatically when the oil content of the
effluent exceeds 15 ppm.
(e) No discharge into the sea shall contain chemicals or other
substances introduced for the purpose of circumventing the conditions of
discharge specified in this section.
(f) The oily mixtures that cannot be discharged into the sea in
compliance with paragraphs (b), (c), or (d) of this section shall be
retained on board or discharged to reception facilities.
(g) Nothing in this section prohibits a ship on a voyage, only part
of which is in a special area, from discharging outside the special area
in accordance with Sec. 151.10.
(h) In accordance with paragraph (7)(b)(iii) of Regulation 10 of
Annex I of MARPOL 73/78, the discharge restrictions in Sec. 151.13 for
the Red Sea area, Gulfs area, and the Gulf of Aden area will enter into
effect when each party to MARPOL 73/78 whose coastline borders the
special area has certified that reception facilities are available and
the IMO has established an effective date for each special area. Notice
of the effective dates for the discharge requirements in these special
areas will be published in the Federal Register and reflected in this
section.
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977, Dec. 8, 1983, as
amended by CGD 88-002, 54 FR 18404, Apr. 28, 1989; CGD 88-002A, 55 FR
18582, May 2, 1990; CGD 94-056, 60 FR 43377, Aug. 21, 1995; USCG-2000-
7641, 66 FR 55571, Nov. 2, 2001]
Sec. 151.15 Reporting requirements.
(a) The Master or other person having charge of a ship involved in
an incident referred to in paragraph (e) of this section, shall report
the particulars of such incident without delay and to the fullest extent
possible in accordance with the provisions of this section.
(b) In the event of the ship referred to in paragraph (a) of this
section being abandoned, or in the event of a report from such ship
being incomplete or unobtainable, the owner, charterer, manager or
operator of the ship, or their agents shall, to the fullest extent
possible assume the obligations placed upon the Master or other person
having charge of the ship under the provisions of this section.
(c) Each report shall be made by radio whenever possible, but in any
case by the fastest available means at the time the report is made.
(d) Reports shall be directed to the appropriate officer or agency
of the government of the country in whose waters the incident occurs.
Additionally, for incidents involving U.S. ships, the reports shall be
directed to either the nearest Coast Guard Captain of the Port (COTP) or
to the National Response Center (NRC), toll free telephone number 800-
424-8802, telex number 892427.
(e) The report shall be made whenever an incident involves--
(1) A discharge other than as permitted under this part; or
(2) A discharge permitted under this part by virtue of the fact
that--
(i) It is for the purpose of securing the safety of a ship or saving
life at sea; or
[[Page 270]]
(ii) It results from damage to the ship or its equipment; or
(3) The probability of a discharge referred to in paragraphs (e)(1)
or (e)(2) of this section.
(f) Each report shall contain--
(1) The identity of the ship;
(2) The time and date of the occurrence of the incident;
(3) The geographic position of the ship when the incident occurred;
(4) The wind and sea condition prevailing at the time of the
incident;
(5) Relevant details respecting the condition of the ship; and
(6) A statement or estimate of the quantity of oil or oily mixtures
discharged or likely to be discharged into the sea.
(g) Each person who is obligated under the provisions of this
section to send a report shall--
(1) Supplement the initial report, as necessary, with information
concerning further developments; and
(2) Comply as fully as possible with requests from affected
countries for additional information concerning the incident.
(h) A report made under this section will satisfy the reporting
requirement of Sec. 153.203 of this chapter.
Sec. 151.17 Surveys.
(a) Every U.S. oil tanker of 150 gross tons and above, and every
other U.S. ship of 400 gross tons and above; that is required to have an
International Oil Pollution Prevention (IOPP) Certificate on board and
to which this part applies, except as provided for in paragraphs (b) and
(d) of this section; is subject to the following surveys conducted by
the Coast Guard--
(1) An initial survey, conducted before the ship is put in service
or before an IOPP Certificate required under Sec. 151.19 is issued for
the first time; this survey includes a complete examination of its
structure, equipment, systems, fittings, arrangements and material in so
far as the ship is covered by this chapter.
(2) Periodic renewal surveys conducted at intervals corresponding
with the renewal of the IOPP Certificates. The purpose of the survey is
to determine whether the structure, equipment, systems, fittings,
arrangements, and material comply with the requirements of Parts 155 and
157 of this chapter.
(3) Annual surveys for inspected ships conducted as close as
practicable to twelve (12) and thirty-six (36) months from the date of
issuance of the IOPP Certificate, and not more than two months prior to
or later than these twelve and thirty-six month dates; this survey is to
determine that the oily-water separating equipment and associated pumps
and piping systems remain satisfactory for the service intended, and
that no unauthorized alterations have been made, and is to be endorsed
on the IOPP Certificate.
(4) Intermediate surveys for inspected ships conducted as close as
practicable to twenty-four (24) months from the date of issuance of the
IOPP Certificates, and not more than six months prior to or later than
that twenty-four month date; this survey is to determine whether the
equipment and associated pump and piping systems, including oil
discharge monitoring and control systems, and oily-water separating
equipment comply with the requirements of Parts 155 and 157 of this
chapter, and are in good working order, and is to be endorsed on the
IOPP Certificate.
(5) Intermediate surveys for uninspected ships conducted as close as
practicable to thirty (30) months from the date of issuance of the IOPP
Certificate, and not more than six months prior to or later than that
thirty month date; this survey is to determine whether the equipment and
associated pump and piping systems, including oil discharge monitoring
and control systems, and oily-water separating equipment comply with the
requirements of Parts 155 and 157 of this chapter, and are in good
working order, and is to be endorsed on the IOPP Certificate.
(b) Every U.S. inspected oil tanker of 150 gross tons and above, and
every other U.S. inspected ship of 400 gross tons and above; that is not
required to have an IOPP Certificate on board is subject to the
following surveys to be conducted by the Coast Guard--
(1) An initial survey conducted before the ship is put into service.
[[Page 271]]
(2) All other surveys are conducted concurrently with either
inspections for certification or required reinspections.
(c) After any survey of a ship under this section has been
completed, no significant change may be made in the construction,
equipment, fittings, arrangements or material covered by the survey
without the sanction of the COTP or OCMI except for the direct
replacement of such equipment or fittings.
(d) Fixed and floating drilling rigs and other platforms, barges,
and uninspected ships; that are not required to have an IOPP Certificate
on board are not required to be surveyed under this section.
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by USCG-1998-3799,
63 FR 35530, June 30, 1998]
Sec. 151.19 International Oil Pollution Prevention (IOPP) Certificates.
(a) Each U.S. oil tanker of 150 gross tons and above and each other
U.S. ship of 400 gross tons and above; that engages in voyages to ports
or off-shore terminals under the jurisdiction of other parties to MARPOL
73/78 must have on board a valid International Oil Pollution Prevention
(IOPP) Certificate.
(b) Each oil tanker of 150 gross tons and above and each other ship
of 400 gross tons and above, operated under the authority of a country
other than the United States that is party to MARPOL 73/78, must have on
board a valid IOPP Certificate.
(c) An IOPP Certificate is issued by a COTP, OCMI, or a
classification society authorized under 46 CFR part 8, after a
satisfactory survey in accordance with the provisions of Sec. 151.17.
(d) The Supplement to the IOPP Certificate is a part of the IOPP
Certificate and must remain attached to that Certificate. If the
Supplement to the Certificate is changed, a new IOPP Certificate will be
required.
(e) The IOPP Certificate for each inspected or uninspected ship is
valid for a maximum period of 5 years from the date of issue, except as
follows:
(1) A Certificate ceases to be valid if significant alterations have
taken place in the construction, equipment, fittings, or arrangements
required by the pollution prevention requirements of parts 155 or 157 of
this chapter without the approval of the COTP or the OCMI.
(2) A Certificate Ceases to be valid if intermediate surveys as
required by Sec. 151.17 of this part are not carried out.
(3) A Certificate issued to a ship ceases to be valid upon transfer
of the ship to the flag of another country.
(Approved by the Office of Management and Budget under control number
2115-0526)
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 95-010, 62 FR
67531, Dec. 24, 1997; USCG-1998-3799, 63 FR 35530, June 30, 1998; USCG-
2000-7223, 65 FR 40057, June 29, 2000; USCG-2000-7641, 66 FR 55571, Nov.
2, 2001]
Sec. 151.21 Ships of countries not party to MARPOL 73/78.
(a) Each oil tanker of 150 gross tons and above and each other ship
of 400 gross tons and above, operated under the authority of a country
not a party to MARPOL 73/78, must have on board valid documentation
showing that the ship has been surveyed in accordance with and complies
with the requirements of MARPOL 73/78. Evidence of compliance may be
issued by either the government of a country that is party to MARPOL 73/
78 or a recognized classification society.
(b) Evidence of compliance must contain all of the information in,
and have substantially the same format as, the IOPP Certificate.
(Approved by the Office of Management and Budget under control number
2115-0526)
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 93-030, 59 FR
51338, Oct. 7, 1994]
Sec. 151.23 Inspection for compliance and enforcement.
(a) While at a port or terminal under the jurisdiction of the United
States, a ship is subject to inspection by the Coast Guard--
(1) To determine that a valid IOPP Certificate is on board and that
the condition of the ship and its equipment corresponds substantially
with the particulars of the IOPP Certificate;
(2) To determine that evidence of compliance with MARPOL 73/78, as
required by Sec. 151.21 is on board and that
[[Page 272]]
the condition of the ship and its equipment corresponds substantially
with the particulars of this evidence of compliance;
(3) To determine whether a ship has been operating in accordance
with and has not discharged any oil or oily mixtures in violation of the
provisions of MARPOL 73/78 or this subchapter;
(4) To determine whether a ship has discharged oil or oily mixtures
anywhere in violation of MARPOL 73/78, upon request from a party to
MARPOL 73/78 for an investigation when the requesting party has
furnished sufficient evidence to support a reasonable belief that a
discharge has occurred.
(b) A ship that does not comply with the requirements of Parts 151,
155 and 157 of this chapter, or where the condition of the ship or its
equipment does not substantially agree with the particulars of the IOPP
Certificate or other required documentation, may be detained by order of
the COTP or OCMI, at the port or terminal where the violation is
discovered until, in the opinion of the detaining authority, the ship
can proceed to sea without presenting an unreasonable threat of harm to
the marine environment. The detention order may authorize the ship to
proceed to the nearest appropriate available shipyard rather than
remaining at the place where the violation was discovered.
(c) An inspection under this section may include an examination of
the Oil Record Book, the oil content meter continuous records, and a
general examination of the ship. A copy of any entry in the Oil Record
Book may be made and the Master of the ship may be required to certify
that the copy is a true copy of such entry.
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 88-002A, 55
FR 18582, May 2, 1990]
Sec. 151.25 Oil Record Book.
(a) Each oil tanker of 150 gross tons and above, ship of 400 gross
tons and above other than an oil tanker, and manned fixed or floating
drilling rig or other platform shall maintain an Oil Record Book Part I
(Machinery Space Operations). An oil tanker of 150 gross tons and above
or a non oil tanker that carries 200 cubic meters or more of oil in
bulk, shall also maintain an Oil Record Book Part II (Cargo/Ballast
Operations).
(b) An Oil Record Book printed by the U.S. Government is available
to the masters or operators of all U.S. ships subject to this section,
from any Coast Guard Marine Safety Office, Marine Inspection Office, or
Captain of the Port Office.
(c) The ownership of the Oil Record Book of all U.S. ships remains
with the U.S. Government.
(d) Entries shall be made in the Oil Record Book on each occasion,
on a tank to tank basis if appropriate, whenever any of the following
machinery space operations take place on any ship to which this section
applies--
(1) Ballasting or cleaning of fuel oil tanks;
(2) Discharge of ballast containing an oily mixture or cleaning
water from fuel oil tanks;
(3) Disposal of oil residue; and
(4) Discharge overboard or disposal otherwise of bilge water that
has accumulated in machinery spaces.
(e) Entries shall be made in the Oil Record Book on each occasion,
on a tank to tank basis if appropriate, whenever any of the following
cargo/ballast operations take place on any oil tanker to which this
section applies--
(1) Loading of oil cargo;
(2) Internal transfer of oil cargo during voyage;
(3) Unloading of oil cargo;
(4) Ballasting of cargo tanks and dedicated clean ballast tanks;
(5) Cleaning of cargo tanks including crude oil washing;
(6) Discharge of ballast except from segregated ballast tanks;
(7) Discharge of water from slop tanks;
(8) Closing of all applicable valves or similar devices after slop
tank discharge operations;
(9) Closing of valves necessary for isolation of dedicated clean
ballast tanks from cargo and stripping lines after slop tank discharge
operations; and
(10) Disposal of oil residue.
(f) Entries shall be made in the Oil Record Book on each occasion,
on a tank-to-tank basis if appropriate,
[[Page 273]]
whenever any of the following operations take place on a fixed or
floating drilling rig or other platform to which this section applies--
(1) Discharge of ballast or cleaning water from fuel oil tanks; and
(2) Discharge overboard of platform machinery space bilge water.
(g) In the event of an emergency, accidental or other exceptional
discharge of oil or oily mixture, a statement shall be made in the Oil
Record Book of the circumstances of, and the reasons for, the discharge.
(h) Each operation described in paragraphs (d), (e) and (f) of this
section shall be fully recorded without delay in the Oil Record Book so
that all the entries in the book appropriate to that operation are
completed. Each completed operation shall be signed by the person or
persons in charge of the operations concerned and each completed page
shall be signed by the master or other person having charge of the ship.
(i) The Oil Record Book shall be kept in such a place as to be
readily available for inspection at all reasonable times and shall be
kept on board the ship.
(j) The master or other person having charge of a ship required to
keep an Oil Record Book shall be responsible for the maintenance of such
record.
(k) The Oil Record Book for a U.S. ship shall be maintained on board
for not less than three years.
(l) This section does not apply to a barge or a fixed or floating
drilling rig or other platform that is not equipped to discharge
overboard any oil or oily mixture.
(m) This section does not apply to a fixed or floating drilling rig
or other platform that is operating in compliance with a valid National
Pollutant Discharge Elimination System (NPDES) permit.
(Approved by the Office of Management and Budget under control number
2115-0025)
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977, Dec. 8, 1983, as
amended by CGD 88-002A, 55 FR 18582, May 2, 1990; USCG-2000-7641, 66 FR
55571, Nov. 2, 2001]
Sec. 151.26 Shipboard oil pollution emergency plans.
(a) Language of the plan. The shipboard oil pollution emergency plan
must be available on board in English and in the working language of the
master and the officers of the ship, if other than English.
(b) Plan format. The plan must contain the following six sections. A
seventh non-mandatory section may be included at the shipowner's
discretion:
(1) Introduction. This section must contain the following:
(i) Introductory text. The introductory text of the plan must
contain the following language (For ships operating in Antarctica, the
introductory text of the plan must contain the following language and
explain that they are in accordance with the Protocol on Environmental
Protection to the Antarctic Treaty):
This plan is written in accordance with the requirements of
Regulation 26 of Annex I of the International Convention for the
Prevention of Pollution from Ships, 1973, as modified by the Protocol of
1978 relating thereto (MARPOL 73/78).
The purpose of the plan is to provide guidance to the master and
officers on board the ship with respect to the steps to be taken when a
pollution incident has occurred or is likely to occur.
The plan contains all information and operational instructions
required by the guidelines (Resolution MEPC.54(32)). The appendices
contain names, telephone numbers, telex numbers, etc. of all contacts
referenced in the plan, as well as other reference material.
This plan has been approved by the Coast Guard and, except as
provided below, no alteration or revision may be made to any part of it
without the prior approval of the Coast Guard.
Changes to the seventh section of the plan and the appendices do not
require approval by the Coast Guard. The appendices must be maintained
up-to-date by the owners, operators, and managers.
(ii) General information.
(A) The ship's name, call sign, official number, International
Maritime Organization (IMO) international number, and principal
characteristics.
(B) [Reserved]
(2) Preamble. This section must contain an explanation of the
purpose and use of the plan and indicate how the shipboard plan relates
to other shore-based plans.
(3) Reporting Requirements. This section of the plan must include
information relating to the following:
[[Page 274]]
(i) When to report. A report shall be made whenever an incident
involves--
(A) A discharge of oil or oily mixture resulting from damage to the
ship or its equipment, or for the purpose of securing the safety of a
ship or saving life at sea;
(B) A discharge of oil or oily mixture during the operation of the
ship in excess of the quantities or instantaneous rate permitted in
Sec. 151.10 of this subpart or in Sec. 157.37 of this subchapter; or
(C) A probable discharge. Factors to be considered in determining
whether a discharge is probable include, but are not limited to: ship
location and proximity to land or other navigational hazards, weather,
tide, current, sea state, and traffic density. The master must make a
report in cases of collision, grounding, fire, explosion, structural
failure, flooding or cargo shifting, or an incident resulting in failure
or breakdown of steering gear, propulsion, electrical generating system,
or essential shipborne navigational aids.
(ii) Information required. This section of the plan must include a
notification form, such as that depicted in Table151.26(b)(3)(ii)(A),
that contains information to be provided in the initial and follow-up
notifications. The initial notification should include as much of the
information on the form as possible, and supplemental information, as
appropriate. However, the initial notification must not be delayed
pending collection of all information. Copies of the form must be placed
at the location(s) on the ship from which notification may be made.
[[Page 275]]
[GRAPHIC] [TIFF OMITTED] TR07OC94.020
[[Page 276]]
[GRAPHIC] [TIFF OMITTED] TR07OC94.021
(iii) Whom to contact. (A) This section of the plan must make
reference to the appendices listing coastal state contacts, port
contacts, and ship interest contacts.
(B) For actual or probable discharges of oil, or oily mixtures the
reports must comply with the procedures described in MARPOL Protocol I.
The reports shall be directed to either the nearest Captain of the Port
(COTP) or to the National Response Center (NRC), toll free number 800-
424-8802.
(C) For Antarctica, in addition to compliance with paragraph
(b)(3)(iii)(B) of this section, reports shall also be directed to any
Antarctic station that may be affected.
(4) Steps to control a discharge. This section of the plan must
contain a discussion of procedures to address the following scenarios:
(i) Operational spills: The plan must outline procedures for removal
of oil spilled and contained on deck. The plan must also provide
guidance to ensure proper disposal of recovered oil and cleanup
materials;
(A) Pipe leakage: The plan must provide specific guidance for
dealing with pipe leakage;
(B) Tank overflow: The plan must include procedures for dealing with
tank overflows. It must provide alternatives such as transferring cargo
or bunkers to empty or slack tanks, or readying pumps to transfer the
excess ashore;
(C) Hull leakage: The plan must outline procedures for responding to
spills due to suspected hull leakage, including guidance on measures to
be taken to reduce the head of oil in the tank involved either by
internal transfer or discharge ashore. Procedures to handle situations
where it is not possible to identify the specific tank from which
[[Page 277]]
leakage is occurring must also be provided. Procedures for dealing with
suspected hull fractures must be included. These procedures must take
into account the effect of corrective actions on hull stress and
stability.
(ii) Spills resulting from casualties: Each of the casualties listed
below must be treated in the plan as a separate section comprised of
various checklists or other means which will ensure that the master
considers all appropriate factors when addressing the specific casualty.
These checklists must be tailored to the specific ship. In addition to
the checklists, specific personnel assignments for anticipated tasks
must be identified. Reference to existing fire control plans and muster
lists is sufficient to identify personnel responsibilities in the
following situations:
(A) Grounding;
(B) Fire or explosion;
(C) Collision;
(D) Hull failure; and
(E) Excessive list.
(iii) In addition to the checklist and personnel duty assignments
required by paragraph (b)(4)(ii) of this section, the plan must
include--
(A) Priority actions to ensure the safety of personnel and the ship,
assess the damage to the ship, and take appropriate further action;
(B) Information for making damage stability and longitudinal
strength assessments, or contacting classification societies to acquire
such information. Nothing in this section shall be construed as creating
a requirement for damage stability plans or calculations beyond those
required by law or regulation; and
(C) Lightening procedures to be followed in cases of extensive
structural damage. The plan must contain information on procedures to be
followed for ship-to-ship transfer of cargo. Reference may be made in
the plan to existing company guides. A copy of such company procedures
for ship-to-ship transfer operations must be kept in the plan. The plan
must address the coordination of this activity with the coastal or port
state, as appropriate.
(5) National and Local Coordination. (i) This section of the plan
must contain information to assist the master in initiating action by
the coastal State, local government, or other involved parties. This
information must include guidance to assist the master with organizing a
response to the incident should a response not be organized by the shore
authorities. Detailed information for specific areas may be included as
appendices to the plan.
(ii) For Antarctica, a vessel owner or operator must include a plan
for prompt and effective response action to such emergencies as might
arise in the performance of its vessel's activities.
(iii) To comply with paragraph (b)(5)(ii) of this section, an agency
of the United States government may promulgate a directive providing for
prompt and effective response by the agency's public vessels operating
in Antarctica.
(6) Appendices. Appendices must include the following information:
(i) Twenty-four hour contact information and alternates to the
designated contacts. These details must be routinely updated to account
for personnel changes and changes in telephone, telex, and telefacsimile
numbers. Clear guidance must also be provided regarding the preferred
means of communication.
(ii) The following lists, each identified as a separate appendix:
(A) A list of agencies or officials of coastal state administrations
responsible for receiving and processing incident reports;
(B) A list of agencies or officials in regularly visited ports. When
this is not feasible, the master must obtain details concerning local
reporting procedures upon arrival in port; and
(C) A list of all parties with a financial interest in the ship such
as ship and cargo owners, insurers, and salvage interests.
(D) A list which specifies who will be responsible for informing the
parties listed and the priority in which they must be notified.
(iii) A record of annual reviews and changes.
(7) Non-mandatory provisions. If this section is included by the
shipowner, it should include the following types of information or any
other information that may be appropriate:
(i) Diagrams;
[[Page 278]]
(ii) Response equipment or oil spill removal organizations;
(iii) Public affairs practices;
(iv) Recordkeeping;
(v) Plan exercising; and
(vi) Individuals qualified to respond.
(8) Index of sections. The plan must be organized as depicted in
Table 151.26(b)(8).
Table 151.26(b)(8)--Index of Sections--Sample Format
Mandatory
Section 1: Introduction
Section 2: Preamble
Section 3: Reporting requirements
Section 4: Steps to control a discharge
Section 5: National and local coordination
Section 6: Appendices
Voluntary
Section 7: Non-mandatory provisions
[CGD 93-030, 59 FR 51338, Oct. 7, 1994, as amended by CGD 97-015, 62 FR
18045, Apr. 14, 1997; USCG-2000-7641, 66 FR 55571, Nov. 2, 2001]
Sec. 151.27 Plan submission and approval.
(a) No manned ship subject to this part may operate unless it
carries on board a shipboard oil pollution emergency plan approved by
the Coast Guard. An unmanned ship subject to this regulation must carry
the notification list required in Sec. 151.26(b)(3) on board in the
documentation container; remaining sections of the plan must be
maintained on file at the home office. For new ships, plans must be
submitted at least 90 days before the ship intends to begin operations.
(b) An owner or operator of a ship to which this part applies shall
prepare and submit one English language copy of the shipboard oil
pollution emergency plan to Commandant (G-MOR), U.S. Coast Guard, 2100
Second Street SW., Washington, DC 20593-0001.
(c) An owner or operator with multiple ships to which this part
applies may submit one plan for each type of ship with a separate ship-
specific appendix for each vessel covered by the plan.
(d) Combined shipboard oil pollution emergency plans and response
plans meeting the requirements of subparts D and E of part 155 of this
chapter must be prepared according to Sec. 155.1030(j) of this chapter.
(e) If the Coast Guard determines that the plan meets all
requirements of this section, the Coast Guard will notify the owner or
operator of the ship and return a copy of the approved plan along with
an approval letter. The approval period for a plan expires 5 years after
the plan approval date.
(f) If the Coast Guard determines that the plan does not meet all of
the requirements, the Coast Guard will notify the owner or operator of
the plan's deficiencies. The owner or operator must then resubmit two
copies of the revised plan, or corrected portions of the plan, within
time period specified in the written notice provided by the Coast Guard.
[CGD 93-030, 59 FR 51342, Oct. 7, 1994, as amended by CGD 96-026, 61 FR
33665, June 28, 1996; USCG-1998-3799, 63 FR 35530, June 30, 1998]
Sec. 151.28 Plan review and revision.
(a) An owner or operator of a ship to which this subpart applies
must review the shipboard oil pollution emergency plan annually and
submit a letter to Commandant (G-MOR) certifying that the review has
been completed. This review must occur within 1 month of the anniversary
date of Coast Guard approval of the plan.
(b) The owner or operator shall submit any plan amendments to
Commandant (G-MOR) for information or approval.
(c) The entire plan must be resubmitted to Commandant (G-MOR) for
reapproval 6 months before the end of the Coast Guard approval period
identified in Sec. 151.27(e) of this subpart.
(d) A record of annual review and changes to the plan must be
maintained in the last appendix of section six of the plan.
(e) Except as provided in paragraph (f) of this section, revisions
must receive prior approval by the Coast Guard before they can be
incorporated into the plan.
(f) Revisions to the seventh section of the plan and the appendices
do not require approval by the Coast Guard. The
[[Page 279]]
Coast Guard shall be advised and provided a copy of the revisions as
they occur.
[CGD 93-030, 59 FR 51342, Oct. 7, 1994, as amended by CGD 96-026, 61 FR
33665, June 28, 1996]
Sec. 151.29 Foreign ships.
(a) Each oil tanker of 150 gross tons and above and each other ship
of 400 gross tons and above, operated under the authority of a country
other than the United States that is party to MARPOL 73/78, shall, while
in the navigable waters of the United States or while at a port or
terminal under the jurisdiction of the United States, carry on board a
shipboard oil pollution emergency plan approved by its flag state.
(b) Each oil tanker of 150 gross tons and above and each other ship
of 400 gross tons and above, operated under the authority of a country
that is not a party to MARPOL 73/78, must comply with Sec. 151.21 of
this subpart while in the navigable waters of the United States.
[CGD 93-030, 59 FR 51342, Oct. 7, 1994]
Noxious Liquid Substance Pollution
Source: Sections 151.30 through 151.49 appear by CGD 85-010, 52 FR
7759, Mar. 12, 1987, unless otherwise noted.
Sec. 151.30 Applicability.
(a) Except as provided in paragraph (b) of this section, Sec. Sec.
151.30 through 151.49 apply to each ship that--
(1) Is operated under the authority of the United States and engages
in international voyages;
(2) Is operated under the authority of the United States and is
certificated for ocean service;
(3) Is operated under the authority of the United States and is
certificated for coastwise service beyond three nautical miles from
land;
(4) Is operated under the authority of the United States and
operates at any time seaward of the outermost boundary of the
territorial sea of the United States as defined in Sec. 2.05-10 of this
chapter; or
(5) Is operated under the authority of a country other than the
United States while in the navigable waters of the United States, or
while at a port or terminal under the jurisdiction of the United States.
(b) Sections 151.30 through 151.49 do not apply to--
(1) A tank barge whose certificate is endorsed by the Coast Guard
for a limited short protected coastwise route if the barge is
constructed and certificated primarily for service on an inland route;
(2) A warship, naval auxiliary, or other ship owned or operated by a
country when engaged in noncommercial service;
(3) A Canadian or U.S. ship being operated exclusively on the Great
Lakes of North America or their connecting and tributary waters;
(4) A Canadian or U.S. ship being operated exclusively on the
internal waters of the United States and Canada; or
(5) Any other ship specifically excluded by MARPOL 73/78.
Note: The term ``internal waters'' is defined in Sec. 2.05-20 of
this chapter.
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18582, May 2, 1990]
Sec. 151.31 Where to find requirements applying to oceangoing ships
carrying Category A, B, C, and D NLS.
(a) The requirements for oceangoing ships carrying NLSs listed in
Sec. Sec. 151.47 and 151.49 are in Sec. Sec. 151.33 through 151.45.
(b) The requirements for oceangoing ships carrying NLSs listed in
Table 151.05 of 46 CFR part 151 and Table 1 of 46 CFR part 153, which
are not listed in Sec. 151.47 or Sec. 151.49, are in 46 CFR parts 98,
151, and 153.
(c) Alternatives to the requirements in this part for oceangoing
ships carrying NLSs are in 46 CFR part 153.
(d) Procedures for obtaining permission to carry an NLS not listed
in Sec. 151.47, Sec. 151.49, Table 151.05 of 46 CFR part 151, or Table
1 of 46 CFR part 153 are in 46 CFR 153.900(c).
Sec. 151.32 Special areas for the purpose of Annex II.
(a) For the purposes of Sec. Sec. 151.30 through 151.49, the
special areas are the Baltic Sea area, the Black Sea area, and the
Antarctic area which are described in Sec. 151.06. Discharges into the
sea of NLSs or mixtures containing
[[Page 280]]
such substances are prohibited in the Antarctic area.
(b) In accordance with paragraph (13)(a) of Regulation 5 of Annex II
of MARPOL 73/78, the discharge restrictions in Sec. 151.32 for the
Baltic Sea area and the Black Sea area will enter into effect when each
Party to MARPOL 73/78 whose coastline borders the special area has
certified that reception facilities are available and the IMO has
established an effective date for each special area. Notice of the
effective date for discharge requirements in these areas will be
published in the Federal Register and reflected in this section.
[CGD 94-056, 60 FR 43378, Aug. 21, 1995]
Sec. 151.33 Certificates needed to carry Category C Oil-like NLS.
(a) A U.S. oceangoing ship may not carry a Category C oil-like NLS
listed in Sec. 151.49 in a cargo tank unless the ship has a Certificate
of Inspection endorsed to allow the NLS to be carried in that cargo
tank, and if the ship engages in a foreign voyage--
(1) An Attachment for NLSs to the IOPP Certificate, issued under
Sec. 151.37(a), that allows the NLS to be carried in that cargo tank;
or
(2) A Certificate of Fitness issued under 46 CFR part 153 that
allows the NLS to be carried in that cargo tank.
(b) A foreign oceangoing ship operating in the navigable waters of
the U.S. may not carry a Category C oil-like NLS listed in Sec. 151.49
in a cargo tank unless the ship has--
(1) An Attachment for NLSs to the IOPP Certificate that allows the
NLS to be carried in that cargo tank; or
(2) A Certificate of Compliance issued under 46 CFR Part 153 to
allow the NLS to be carried in that cargo tank.
(c) A U.S. oceangoing ship authorized to carry certain dangerous
cargoes in bulk under 46 CFR Part 98 may not carry a Category C oil-like
NLS listed in Sec. 151.49 in a cargo tank unless the ship has a
Certificate of Inspection endorsed to allow the NLS to be carried in
that cargo tank, and if the ship engages in a foreign voyage, an NLS
Certificate issued under Sec. 151.37(b) that allows the NLS to be
carried in that cargo tank.
Sec. 151.35 Certificates needed to carry Category D NLS and Category
D Oil-like NLS.
(a) A U.S. oceangoing ship may not carry a Category D NLS listed in
Sec. 151.47 in a cargo tank unless the ship has a Certificate of
Inspection endorsed to allow the NLS to be carried in that cargo tank,
and if the ship engages if a foreign voyage--
(1) An NLS Certificate issued under Sec. 151.37(b) to allow the NLS
to be carried in that cargo tank; or
(2) A Certificate of Fitness issued under 46 CFR part 153 to allow
the NLS to be carried in that cargo tank.
(b) A U.S. oceangoing ship may not carry a Category D oil-like NLS
listed in Sec. 151.49 in a cargo tank unless the ship has a Certificate
of Inspection endorsed to allow the NLS to be carried in that cargo
tank, and if the ship engages if a foreign voyage--
(1) An Attachment for NLSs to the IOPP Certificate, issued under
Sec. 151.37(a), to allow the NLS to be carried in that cargo tank; or
(2) An NLS Certificate issued under Sec. 151.37(b) to allow the NLS
to be carried in that cargo tank, or
(3) A Certificate of Fitness issued under 46 CFR part 153 to allow
the NLS to be carried in that cargo tank.
(c) A foreign oceangoing ship in the navigable waters of the U.S.
may not carry a Category D NLS listed in Sec. 151.47 in a cargo tank
unless the ship has one of the following:
(1) An NLS Certificate endorsed to allow the NLS to be carried in
that cargo tank; or
(2) A Certificate of Compliance issued under 46 CFR part 153 to
allow the NLS to be carried in that cargo tank.
(d) A foreign oceangoing ship in the navigable waters of the U.S.
may not carry a Category D oil-like NLS listed in Sec. 151.49 in a
cargo tank unless the ship has one of the following:
(1) An Attachment for NLSs to the IOPP Certificate to allow the NLS
to be carried in that cargo tank; or
(2) An NLS Certificate endorsed to allow the NLS to be carried in
the cargo tank; or
(3) A Certificate of Compliance issued under 46 CFR part 153 to
allow the NLS to be carried in the cargo tank.
[[Page 281]]
(e) A U.S. oceangoing ship authorized to carry certain dangerous
cargoes in bulk under 46 CFR part 98 may not carry a Category D NLS
listed in Sec. 151.47 or a Category D oil-like NLS listed in Sec.
151.49 in a cargo tank unless the ship has a Certificate of Inspection
endorsed to allow the NLS to be carried in that cargo tank, and if the
ship engages in a foreign voyage, an NLS Certificate issued under Sec.
151.37(b) that allows the NLS to be carried in that cargo tank.
Sec. 151.37 Obtaining an Attachment for NLSs to the IOPP Certificate
and obtaining an NLS Certificate.
(a) The Coast Guard or a classification society authorized under 46
CFR part 8 issues an Attachment for NLSs to the IOPP Certificate to an
oceangoing ship to allow the carriage of a Category C oil-like NLS or a
Category D oil-like NLS if the following requirements are met:
(1) Except for ships that are not configured and are not equipped to
ballast or wash cargo tanks while proceeding en route, the ship must
have a Coast Guard approved monitor under Sec. 157.12 that is approved
for the cargoes that are desired to be carried.
(2) Except as required by paragraph (a)(3), ships of 150 meters or
less in length carrying a Category C oil-like NLS must meet the damage
stability requirements applying to a Type III hull as provided by
Regulation 14 (c) of Annex II.
(3) A U.S. self propelled ship of 150 meters or less in length on a
coastwise voyage carrying a Category C oil-like NLS must meet the damage
stability requirements applying to a Type III hull as provided by 46 CFR
part 172, subpart F except Sec. Sec. 172.130 and 172.133.
(b) Except as allowed in paragraph (c) of this section, the Coast
Guard or a classification society authorized under 46 CFR part 8 issues
an NLS Certificate endorsed to allow the oceangoing ship engaged in a
foreign voyage to carry a Category D NLS listed in Sec. 151.47 if the
ship has--
(1) An approved Procedures and Arrangements Manual and Cargo Record
Book, both meeting the requirements in 46 CFR 153.490; and
(2) A residue discharge system meeting 46 CFR 153.470, unless the
approved Procedures and Arrangements Manual limits discharge of Category
D NLS residue to the alternative provided by 46 CFR 153.1128(b).
(c) The Coast Guard or a classification society authorized under 46
CFR part 8 issues a NLS Certificate with the statement that the vessel
is prohibited from discharging NLS residues to the sea if the vessel
does not meet 46 CFR 153.470 and 153.490 but meets 46 CFR subpart 98.31.
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 95-010, 62 FR
67532, Dec. 24, 1997]
Sec. 151.39 Operating requirements: Category D NLS.
The master or person in charge of an oceangoing ship that carries a
Category D NLS listed in Sec. 151.47 shall ensure that the ship is
operated as prescribed for the operation of oceangoing ships carrying
Category D NLSs in 46 CFR 153.901, 153.906, 153.909, 153.1100, 153.1104,
153.1106, 153.1124, 153.1126, and 153.1128.
Sec. 151.41 Operating requirements for oceangoing ships with IOPP
Certificates: Category C and D Oil-like NLSs.
The master or person in charge of an oceangoing ship certificated
under Sec. 151.37(a) shall ensure that--
(a) The carriage and discharge of the oil-like NLS meets Sec. Sec.
157.29, 157.31, 157.35, 157.37, 157.41, 157.45, 157.47, and 157.49 of
this chapter; and
(b) The oil-like NLS is not discharged unless--
(1) The monitor required by Sec. 151.37(a)(1) is set to detect the
oil-like NLS; and
(2) A statement that the monitor has been set to detect the oil-like
NLS is entered in the Oil Record Book Part II(Cargo/Ballast Operations),
required by Sec. 151.25.
Sec. 151.43 Control of discharge of NLS residues.
(a) Unless the ship is a fixed or floating drilling rig or other
platform operating under an National Pollution Discharge Elimination
System (NPDES) permit, the master or person in charge
[[Page 282]]
of an oceangoing ship that cannot discharge NLS residue into the sea in
accordance with 46 CFR 153.1126 or 153.1128 shall ensure that the NLS
residue is--
(1) Retained on board; or
(2) Discharged to a reception facility.
(b) If Category A, B, or C NLS cargo or NLS residue is to be
transfered at a port or terminal in the United States, the master or
person in charge of each oceangoing ship carrying NLS cargo or NLS
residue shall notify the port or terminal at least 24 hours before
entering the port or terminal of--
(1) The name of the ship;
(2) The name, category and volume of NLS cargo to be unloaded;
(3) If the cargo is a Category B or C high viscosity NLS cargo or
solidifying NLS cargo listed in Table 1 of 46 CFR Part 153 with a
reference to ``Sec. 153.908(a)'' or ``Sec. 153.908(b)'' in the
``Special Requirements'' column of that table, the time of day the ship
is estimated to be ready to discharge NLS residue to a reception
facility;
(4) If the cargo is any Category B or C NLS cargo not under
paragraph (b)(3) of this section, whether or not the ship meets the
stripping requirements under 46 CFR 153.480, 153.481, or 153.482;
(5) The name and the estimated volume of NLS in the NLS residue to
be discharged;
(6) The total volume of NLS residue to be discharged; and
(7) The name and amount of any cleaning agents to be used during the
prewash required by 46 CFR 153.1120.
(c) The master or person in charge of a U.S. ship in a special area
shall operate the ship in accordance with 46 CFR 153.903.
Note: The master or person in charge of a ship carrying Category A
NLS that is required to prewash tanks under the procedures in 46 CFR
Part 153.1120 is required under 46 CFR 153.1101 to notify the COTP at
least 24 hours before a prewash surveyor is needed.
Sec. 151.45 Reporting spills of NLS: Category A, B, C, and D.
(a) The master or person in charge of an oceangoing ship involved in
any incident described in paragraph (d) of this section, shall report
the particulars of each incident without delay and to the fullest extent
possible in accordance with the requirements of this section.
(b) If a ship involved in an incident is abandoned, or if a report
from that ship is incomplete or unobtainable, the owner, charterer,
manager, or operator of that ship or their agents shall, to the fullest
extent possible, assume the obligations placed upon the master or person
in charge under the requirements of this section.
(c) Each report must be made by radio or the fastest means available
at the time the report is made to--
(1) The appropriate officer or agency of the government of a country
in whose waters the incident occurs; and
(2) For incidents involving U.S. ships, the nearest Coast Guard
Captain of the Port (COTP) or the National Response Center (NRC), toll
free telephone number 800-424-8802, telex number 892427.
(d) The report must be made whenever an incident involves a
discharge or the probability of a discharge--
(1) Other than as allowed by Sec. Sec. 151.30 through 151.49; or
(2) Allowed by Sec. Sec. 151.30 through 151.49 because it--
(i) Secures the safety of the ship or saves lives at sea; or
(ii) It results from damage to the ship or its equipment.
(e) Each report must contain--
(1) The identity of the ship;
(2) The name of the NLS discharged;
(3) The time and date of the occurrence of the incident;
(4) The geographic position of the ship when the incident occurred;
(5) The wind and sea condition prevailing at the time of the
incident;
(6) Relevant details respecting the condition of the ship; and
(7) A statement or estimate of the quantity of the NLS cargo or NLS
residue discharged or likely to be discharged into the sea.
(f) Each person who is obligated under the provisions of this
section to send a report shall--
(1) Supplement the initial report, as necessary, with information
concerning further developments; and
(2) Comply as fully as possible with requests from affected
countries for additional information concerning the incident.
[[Page 283]]
(g) A report made under this section satisfies the reporting
requirement of Sec. 153.203 of this chapter.
[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by CGD 88-002A, 55 FR
18582, May 2, 1990]
Sec. 151.47 Category D NLSs other than oil-like Category D NLSs that
may be carried under this part.
The following is a list of Category D NLSs other than Oil-like
Category D NLSs that the Coast Guard allows to be carried:
Acetophenone
Acrylonitrile-Styrene copolymer dispersion in Polyether polyol
iso- & cyclo-Alkane (C10-C11)
Alkenyl(C11+)amine
Alkyl(C8+)amine, Alkenyl (C12+) acid ester mixture
Alkyl dithiothiadiazole (C6-C24)
Alkyl ester copolymer (C4-C20)
Alkyl(C8-C40) phenol sulfide
Aluminum sulfate solution
Ammonium hydrogen phosphate solution
Ammonium nitrate solution (45% or less)
Ammonium nitrate, Urea solution (2% or less NH3)
Ammonium phosphate, Urea solution
Ammonium polyphosphate solution
Ammonium sulfate solution (20% or less)
Amyl alcohol (iso-, n-, sec-, primary)
Animal and Fish oils, n.o.s. (see also Oil, edible)
Animal and Fish acid oils and distillates, n.o.s.
Aryl polyolefin (C11-C50)
Brake fluid base mixtures
Butylene glycol
iso-Butyl formate
n-Butyl formate
gamma-Butyrolactone
Calcium hydroxide slurry
Calcium long chain alkyl sulfonate (C11-C50)
Calcium long chain alkyl(C11-C40) phenate
Calcium long chain alkyl phenate sulfide (C8-C40)
Caprolactam solutions
Chlorine chloride solution
Citric acid (70% or less)
Coconut oil fatty acid methyl ester
Copper salt of long chain (C17+) alkanoic acid
Cyclohexanol
Decahydronaphthalene
Diacetone alcohol
Dialkyl(C8-C9) diphenylamines
Dialkyl(C7-C13) phthalates
Diethylene glycol
Diethylene glycol butyl ether acetate, see Poly(2-8) alkylene glycol
monoalkyl(C1-C6) ether acetate
Diethylene glycol dibutyl ether
Diethylene glycol ethyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether
Diethylene glycol ethyl ether acetate, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether acetate
Diethylene glycol methyl ether acetate, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether acetate
Diethylene glycol phenyl ether
Diethylene glycol phthalate
Di-(2-ethylhexyl)adipate
1,4-Dihydro-9,10-dihydroxy anthracene, disodium salt solution
Diisobutyl ketone
Diisodecyl phthalate, see Dialkyl(C7-C13) phthalates
Diisononyl adipate
Diisononyl phthalate, see Dialkyl(C7-C13) phthalates
2,2-Dimethylpropane-1,3-diol
Dinonyl phthalate, see Dialkyl(C7-C13) phthalates
Dipropylene glycol dibenzoate
Dipropylene glycol methyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether
Ditridecyl phthalate, see Dialkyl(C7-C13) phthalates
Diundecyl phthalate, see Dialkyl(C7-C13) phthalates
Dodecenylsuccinic acid, dipotassium salt solution
Ethoxylated long chain (C16+) alkyloxyalkanamine
Ethoxy triglycol (crude)
2-Ethyl-2-(hydroxymethyl)propane-1,3-diol, C8-C10 ester
Ethyl acetate
Ethyl acetoacetate
Ethyl butanol
Ethylenediaminetetraacetic acid, tetrasodium salt solution
Ethylene glycol
Ethylene glycol acetate
Ethylene glycol dibutyl ether
Ethylene glycol methyl butyl ether
Ethylene glycol phenyl ether
Ethylene glycol phenyl ether, Diethylene glycol phenyl ether mixture
2-Ethylhexanoic acid, see Octanoic acid
Ethyl propionate
Ferric hydroxyethylethylene diamine triacetic acid, trisodium salt
solution
Formamide
Glycerine (83%), Dioxanedimethanol (17%) mixture
Glycerol monooleate
Glyoxal solution (40% or less)
Glyphosate solution (not containing surfactant)
Heptanoic acid
Hexamethylenediamine adipate
Hexamethylenetetramine solutions
Hexanoic acid
Hexanol
N-(Hydroxyethyl)ethylenediamine triacetic acid, trisodium salt solution
Isophorone
[[Page 284]]
Lactic acid
Latex (ammonia (1% or less) inhibited)
Long chain alkaryl sulfonic acid (C16-C60)
Magnesium long chain alkaryl sulfonate (C11-C50)
Magnesium long chain alkyl phenate sulfide (C8-C20)
3-Methoxybutyl acetate
Methyl acetoacetate
Methyl alcohol
Methyl amyl ketone
Methyl butenol
Methyl butyl ketone
Methyl isobutyl ketone
Methyl tert-butyl ether
Methyl butynol
Methyl propyl ketone
N-Methyl-2-pyrrolidone
Myrcene
Naphthalene sulfonic acid-formaldehyde copolymer, sodium salt solution
Nonanoic acid (all isomers)
Nonanoic, Tridecanoic acid mixture
Nonyl methacrylate
Noxious Liquid Substance, (17) n.o.s.
Octadecenoamide solution
Octanoic acid
Oil, edible:
Babassu
Beechnut
Castor
Cocoa butter
Coconut
Cod liver
Corn
Cottonseed
Fish
Groundnut
Hazelnut
Nutmeg butter
Olive
Palm
Palm kernel
Peanut
Poppy
Raisin seed
Rapeseed
Rice bran
Safflower
Salad
Sesame
Soya bean
Sunflower seed
Tucum
Vegetable
Walnut
Oil, misc:
Animal, n.o.s.
Coconut oil, esterified
Coconut oil, fatty acid methyl ester
Lanolin
Linseed
Neatsfoot
Oiticica
Palm oil, fatty acid methyl ester
Palm oil, methyl ester
Perilla
Pilchard
Soya bean (epoxidized)
Sperm
Tung
Whale
Olefin/Alkyl ester copolymer (molecular weight 2000+)
Oleic acid
Palm kernel acid oil, methyl ester
Palm stearin
Pentaethylenehexamine
Pentanoic acid
Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether, Including:
Diethylene glycol butyl ether
Diethylene glycol ethyl ether
Diethylene glycol n-hexyl ether
Diethylene glycol methyl ether
Diethylene glycol n-propyl ether
Dipropylene glycol butyl ether
Dipropylene glycol methyl ether
Polypropylene glycol methyl ether
Triethylene glycol butyl ether
Triethylene glycol ethyl ether
Triethylene glycol methyl ether
Tripropylene glycol methyl ether
Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether acetate, Including:
Diethylene glycol butyl ether acetate
Diethylene glycol ethyl ether acetate
Diethylene glycol methyl ether acetate
Polyalkylene glycols, Polyalkylene glycol monoalkyl ethers mixtures
Polypropylene glycol methyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether
Polyalkyl(C10-C20) methacrylate
Polybutenyl succinimide
Polyether (molecular weight 2000+)
Polyethylene glycol monoalkyl ether
Polyolefin amide alkeneamine (C17+)
Polyolefin amide alkeneamine (C28+)
Polyolefin amide alkeneamine borate (C28-C250)
Polyolefin amide alkeneamine polyol
Polyolefin anhydride
Polyolefin ester (C28-C250)
Polyolefin phenolic amine (C28-C250)
Polyolefin phosphorosulfide, barium derivative
Polypropylene glycol
n-Propyl acetate
Propylene glycol monoalkyl ether, Including:
n-Propoxypropanol
Propylene glycol n-butyl ether
Propylene glycol ethyl ether
Propylene glycol methyl ether
Propylene glycol ethyl ether, see Propylene glycol monoalkyl ether
Propylene glycol methyl ether, see Propylene glycol monoalkyl ether
Propylene glycol methyl ether acetate
Propylene glycol phenyl ether
Sodium acetate solution
Sodium benzoate solution
Sodium carbonate solution
[[Page 285]]
Soybean oil (epoxidized)
Sulfohydrocarbon (C3-C88)
Sulfonated polyacrylate solution
Sulfolane
Sulfurized fat (C14-C20)
Sulfurized polyolefinamide alkene(C28-C250)amine
Tallow
Tallow fatty acid
Tetrasodium salt of Ethylenediaminetetraacetic acid solution
Triethylene glycol butyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether
Triethylene glycol ethyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether
Triethylene glycol methyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether
Triethyl phosphate
Trimethylol propane polyethoxylate
Tripropylene glycol methyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether
Trisodium salt of N-(Hydroxyethyl)-ethylenediamine triacetic acid
solution
Urea, Ammonium mono- and di-hydrogen phosphate, Potassium chloride
solution
Urea, Ammonium nitrate solution (2% or less NH 3)
Urea, Ammonium phosphate solution
Vegetable oils, n.o.s. (see also Oil, edible)
Vegetable acid oils and distillates, n.o.s.
Waxes:
Candelilla
Carnauba
[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by CGD 88-100a, 54 FR
40000, Sept. 29, 1989; 55 FR 17269, Apr. 24, 1990; CGD 92-100a, 59 FR
16986, Apr. 11, 1994; CGD 94-901, 59 FR 45147, Aug. 31, 1994; CGD 95-
901, 60 FR 34039, June 29, 1995; USCG 2000-7079, 65 FR 67155, Nov. 8,
2000]
Sec. 151.49 Category C and D Oil-like NLSs allowed for carriage.
The following is a list of Category C and D Oil-like NLSs that the
Coast Guard allows to be carried:
(a) The following Category C oil-like NLSs may be carried:
Aviation alkylates
Cycloheptane
Cyclohexane
Cyclopentane
p-Cymene
Ethylcyclohexane
Heptane (all isomers)
Heptene (all isomers)
Hexane (all isomers)
Hexene (all isomers)
Isopropylcyclohexane
iso-Propylcyclohexane
Methyl cyclohexane
2-Methyl-1-pentene, see Hexene (all isomers)
Nonane (all isomers)
Octane (all isomers)
Olefin mixtures (C5-C7)
Pentane (all isomers)
Pentene (all isomers)
1-Phenyl-1-xylylethane
Propylene dimer
Tetrahydronaphthalene
Toluene
Xylenes
(b) [Reserved]
[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by CGD 88-100a, 54 FR
40001, Sept. 29, 1989; 55 FR 17269, Apr. 24, 1990; CGD 92-100a, 59 FR
16987, Apr. 11, 1994; CGD 94-901, 59 FR 45148, Aug. 31, 1994; CGD 95-
901, 60 FR 34039, June 29, 1995; USCG 2000-7079, 65 FR 67157, Nov. 8,
2000]
Garbage Pollution and Sewage
Source: Sections 151.51 through 151.77 and Appendix A appear by CGD
88-002, 54 FR 18405, Apr. 28, 1989, unless otherwise noted.
Sec. 151.51 Applicability.
(a) Except as provided by paragraph (b) of this section, Sec. Sec.
151.51 through 151.77 apply to--
(1) Each ship that is of United States registry or nationality, or
one operated under the authority of the United States, including
recreational vessels defined in 46 U.S.C. 2101(25) and uninspected
vessels defined in 46 U.S.C. 2101(43), wherever located; and
(2) Each ship, other than a ship referred to in paragraph (a)(1) of
this section, while in the navigable waters or the Exclusive Economic
Zone of the United States.
(b) Sections 151.51 through 151.77 do not apply to--
(1) A warship, naval auxiliary, or other ship owned or operated by
the United States when engaged in noncommercial service; or
(2) Any other ship specifically excluded by MARPOL 73/78.
Note: The Exclusive Economic Zone extends from the baseline of the
territorial sea seaward 200 miles as defined in the Presidential
Proclamation 5030 of March 10, 1983 (3 CFR, 1983 Comp. p. 22).
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18582, May 2, 1990]
Sec. 151.53 Special areas for Annex V of MARPOL 73/78.
(a) For the purposes of Sec. Sec. 151.51 through 151.77, the
special areas are the Mediterranean Sea area, the Baltic Sea
[[Page 286]]
area, the Black Sea area, the Red Sea area, the Gulf areas, the North
Sea area, the Antarctic area, and the Wider Caribbean region, including
the Gulf of Mexico and the Caribbean Sea which are described in Sec.
151.06. The discharge restrictions are effective in the Baltic Sea, the
North Sea, and the Antarctic area.
(b) In accordance with paragraph (4)(b) of Regulation 5 of Annex V
of MARPOL 73/78, the discharge restrictions in Sec. 151.71 for special
areas will enter into effect when each party to MARPOL 73/78 whose
coastline borders the special area has certified that reception
facilities are available and the IMO has established an effective date
for each special area. Notice of the effective dates for the discharge
requirements in each special area will be published in the Federal
Register and reflected in this section.
[CGD 94-056, 60 FR 43378, Aug. 21, 1995]
Sec. 151.55 Recordkeeping requirements.
(a) This section applies to the following:
(1) Every manned oceangoing ship (other than a fixed or floating
platform) of 400 gross tons and above that is engaged in commerce and
that is documented under the laws of the United States or numbered by a
State.
(2) Every manned fixed or floating platform subject to the
jurisdiction of the United States.
(3) Every manned ship that is certified to carry 15 passengers or
more engaged in international voyages.
(b) The master or person in charge of each ship under paragraph
(a)(1), (a)(2), or (a)(3) of this section shall ensure that a written
record is maintained on the ship of each of the following garbage
discharge or disposal operations:
(1) Discharge overboard.
(2) Discharge to another ship.
(3) Discharge to a reception facility.
(4) Incineration on the ship.
(c) The record under paragraph (b) of this section must contain the
following information on each discharge or disposal operation:
(1) The type of operation as described under paragraphs (b)(1)
through (b)(4) of this section.
(2) The date and time of the operation.
(3) If the operation was conducted at a port, the name of the port.
(4) If the operation was not conducted at a port, the latitude and
longitude of the location where the operation was conducted and the
estimated distance of that location from shore. If the operation
involved off-loading to another ship, the identity of the receiving ship
by name and official number.
(5) The amount of garbage involved, described by volume in cubic
meters.
(6) For discharges into the sea, a description of the contents of
the garbage, described by the following categories:
(i) Plastic material.
(ii) Floating dunnage, lining, or packing material.
(iii) Ground paper products, rags, glass, metal, bottles, crockery,
or other similar garbage.
(iv) Unground paper products, rags, glass, metal, bottles, crockery,
or other similar garbage.
(v) Victual wastes.
(vi) Incinerated ash.
(vii) Incinerated plastic residue.
(d) The record under paragraph (b) of this section must be prepared
at the time of the operation, certified as correct by the master or
person in charge of the ship, maintained on the ship for two years
following the operation, and made available for inspection by the Coast
Guard.
[CGD 92-71, 59 FR 18703, Apr. 19, 1994, as amended by USCG-2000-7641, 66
FR 55571, Nov. 2, 2001]
Sec. 151.57 Waste management plans.
(a) This section applies to the following:
(1) Each manned oceangoing ship (other than a fixed or floating
platform) of 40 feet or more in length that is documented under the laws
of the United States or numbered by a state and that either is engaged
in commerce or is equipped with a galley and berthing.
(2) Each manned fixed or floating platform that is--
(i) Documented under the laws of the United States; or
(ii) Operating under the authority of the United States, including,
but not limited to, a lease or permit issued by an agency of the United
States.
[[Page 287]]
(b) The master or person in charge of a ship under paragraphs (a)(1)
and (a)(2) of this section shall ensure that the ship is not operated
unless a waste management plan meeting paragraph (c) of this section is
on the ship and that each person handling garbage follows the plan.
(c) Each waste management plan under paragraph (b) of this section
must be in writing and--
(1) Provide for the discharge of garbage by means that meet Annex V
of MARPOL 73/78, the Act, and Sec. Sec. 151.51 through 151.77;
(2) Describe procedures for collecting, processing, storing, and
discharging garbage; and
(3) Designate the person who is in charge of carrying out the plan.
(Approved by the Office of Management and Budget under control number
2115-0120)
[CGD 88-002A, 55 FR 18582, May 2, 1990]
Sec. 151.59 Placards.
(a) This section applies to the following:
(1) Each manned U.S. ship (other than a fixed or floating platform)
that is 26 feet or more in length.
(2) Each manned floating platform in transit that is--
(i) Documented under the laws of the United States; or
(ii) Operating under the authority of the United States, including,
but not limited to, a lease or permit issued by an agency of the United
States.
(b) The master or person in charge of each ship under paragraph
(a)(1) or (a)(2) of this section shall ensure that one or more placards
meeting the requirements of this section are displayed in prominent
locations and in sufficient numbers so that they can be read by the crew
and passengers. These locations must be readily accessible to the
intended reader and may include embarkation points, food service
facilities, garbage handling spaces, and common spaces on deck. If the
Captain of the Port determines that the number or location of the
placards is insufficient to adequately inform crew and passengers, the
Captain of the Port may require additional placards and may specify
their locations.
(c) Each placard must be at least nine inches wide by four inches
high, made of a durable material, and lettered with letters at least \1/
8\ inch high.
(d) Except as under paragraph (e) of this section, the placard must
notify the reader of the following:
(1) The discharge of plastic or garbage mixed with plastic into any
waters is prohibited.
(2) The discharge of all garbage is prohibited in the navigable
waters of the United States and, in all other waters, within three
nautical miles of the nearest land.
(3) The discharge of dunnage, lining, and packing materials that
float is prohibited within 25 nautical miles of the nearest land.
(4) Other unground garbage may be discharged beyond 12 nautical
miles from the nearest land.
(5) Other garbage ground to less than one inch may be discharged
beyond three nautical miles of the nearest land.
(6) A person who violates the above requirements is liable for a
civil penalty for each violation, and the criminal penalties of a class
D felony. Placards installed on vessels before May 7, 1997, need not be
replaced; and existing stocks of placards, containing previous language,
may be used. When language on a placard is inconsistent with the
language in the Code of Federal Regulations (CFR) due to use of a
placard containing previous language penalty amounts contained in the
CFR are controlling.
(7) Regional, State, and local restrictions on garbage discharges
also may apply.
(e) For ships while operating on the Great Lakes or their connecting
or tributary waters, the placard must--
(1) Notify the reader of the information in paragraph (d) of this
section; or
(2) Notify the reader of the following:
(i) The discharge of all garbage into the Great Lakes or their
connecting or tributary waters is prohibited.
(ii) A person who violates the above requirements is liable for a
civil penalty for each violation, and the criminal penalties of a class
D felony. Placards installed on vessels before May 7, 1997, need not be
replaced; and existing stocks of placards, containing previous language,
may be used. When language on a placard is inconsistent with the
[[Page 288]]
language in the Code of Federal Regulations (CFR) due to use of a
placard containing previous language, penalty amounts contained in the
CFR are controlling.
[CGD 88-002A, 56 FR 8880, Mar. 1, 1991, as amended by CGD 96-052, 62 FR
16703, Apr. 8, 1997; 62 FR 31340, June 9, 1997]
Sec. 151.61 Inspection for compliance and enforcement.
While within the navigable waters of the United States or the
Exclusive Economic Zone, a ship is subject to inspection by the Coast
Guard or other authorized federal agency to determine if--
(a) The ship has been operating in accordance with these regulations
and has not discharged plastics or other garbage in violation of the
provisions of the Act or Annex V of MARPOL 73/78;
(b) Grinders or comminuters used for the discharge of garbage
between 3 and 12 nautical miles from nearest land are capable of
reducing the size of garbage so that it will pass through a screen with
openings no greater than 25 millimeters (one inch);
(c) Information for recordkeeping requirements, when required under
Sec. 151.55, is properly and accurately logged;
(d) A waste management plan, when required under Sec. 151.57, is on
board and that the condition of the ship, equipment and operational
procedures of the ship meet the plan; and
(e) Placards, when required by Sec. 151.59, are posted on board.
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18583, May 2, 1990]
Sec. 151.63 Shipboard control of garbage.
(a) The master, operator, or person who is in charge of a ship shall
ensure that all garbage is discharged ashore or in accordance with
Sec. Sec. 151.66-151.73.
(b) The following factors, among others, may be considered by
enforcement personnel in evaluating compliance with Sec. Sec. 151.51
through 151.77:
(1) Records, including receipts, of garbage discharges at port
reception facilities.
(2) Records under Sec. 151.55 or log entries of garbage discharges.
(3) The presence and operability of equipment to treat ship-
generated garbage, including, but not limited to, incinerators,
grinders, or comminuters.
(4) The presence of and adherence to a written shipboard waste
management plan.
(5) The absence of plastics in ship stores.
(6) Ongoing educational programs to train shipboard personnel of
garbage handling procedures and the need for these.
(7) The presence of shipboard spaces used for collecting,
processing, storing and discharging ship-generated garbage.
(c) The master, operator, or person who is in charge of a ship shall
ensure that if garbage is transported from a ship by shipboard
personnel, it is properly deposited into a port or terminal's reception
facility.
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18583, May 2, 1990; CGD 92-71, 59 FR 18703, Apr. 19, 1994]
Sec. 151.65 Reporting requirements.
The master or person who is in charge of each oceangoing ship shall
notify the port or terminal, at least 24 hours before entering the port
or terminal, of the name of the ship and the estimated volume of garbage
requiring disposal, if any of the following types of garbage are to be
discharged:
(a) Garbage regulated by the Animal and Plant Health Inspection
Service (APHIS) of the U.S. Department of Agriculture under 7 CFR
330.400 or 9 CFR 94.5.
(b) Medical wastes.
(c) Hazardous wastes defined in 40 CFR 261.3.
Sec. 151.66 Operating requirements: Discharge of garbage in the
navigable waters prohibited.
No person on board any ship may discharge garbage into the navigable
waters of the United States.
Note: The navigable waters are defined in Sec. 2.05-25 of this
chapter.
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18583, May 2, 1990]
[[Page 289]]
Sec. 151.67 Operating requirements: Discharge of plastic prohibited.
No person on board any ship may discharge into the sea, or into the
navigable waters of the United States, plastic or garbage mixed with
plastic, including, but not limited to, synthetic ropes, synthetic
fishing nets, and plastic garbage bags. All garbage containing plastics
requiring disposal must be discharged ashore or incinerated.
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18583, May 2, 1990]
Sec. 151.69 Operating requirements: Discharge of garbage outside
special areas.
(a) When operating outside of a special area specified in Sec.
151.53, no person may discharge, into the sea, garbage that is separated
from plastic, if the distance from nearest land is less than--
(1) 25 nautical miles for dunnage, lining and packing materials that
float; or
(2) 12 nautical miles for victual wastes and all other garbage
including paper products, rags, glass, metal, bottles, crockery and
similar refuse, except that, such garbage may be discharged outside of
three nautical miles from nearest land after it has been passed through
a grinder or comminuter specified in Sec. 151.75.
(b) Mixtures of garbage having different discharge requirements
under paragraph (a)(1) or (a)(2) of this section must be--
(1) Retained on board for later disposal ashore; or
(2) Discharged in accordance with the more stringent requirement
prescribed by paragraph (a)(1) or (a)(2) of this section.
Sec. 151.71 Operating requirements: Discharge of garbage within
special areas.
(a) When a ship is located in a special area referenced in Sec.
151.53 of this part, no person may discharge garbage from the ship,
except as allowed in paragraph (b) or (c) in this section.
(b) Except as provided in paragraph (c) of this section, disposal
into the sea of victual waste must be made as far as practicable from
land but, in any case, not less than 12 nautical miles from the nearest
land.
(c) Disposal into the Wider Caribbean region of victual wastes which
have been passed through a comminuter or grinder shall be made as far as
practicable from land but, in any case, not less than 3 nautical miles
from the nearest land. Such comminuted or ground food wastes shall be
capable of passing through a screen with opening no greater than 25
millimeters.
[CGD 94-056, 60 FR 43378, Aug. 21, 1995]
Sec. 151.73 Operating requirements: Discharge of garbage from fixed
or floating platforms.
(a) Except as allowed in paragraph (b) of this section, no person
may discharge garbage from--
(1) A fixed or floating platform engaged in the exploration,
exploitation or associated offshore processing of seabed mineral
resources; or
(2) Any ship within 500 meters (1650 feet) of such platforms.
(b) Victual waste may be discharged into the sea from a ship or
fixed or floating platform regulated by paragraph (a) of this section
if--
(1) It passes through a comminuter or grinder meeting Sec. 151.75;
and
(2) That ship or fixed or floating platform is beyond 12 nautical
miles from nearest land.
Sec. 151.75 Grinders or comminuters.
Each grinder or comminuter used to discharge garbage in accordance
with Sec. 151.69(a)(2) or Sec. 151.73(b)(1), must be capable of
processing garbage so that it passes through a screen with openings no
greater than 25 millimeters (one inch).
Sec. 151.77 Exceptions for emergencies.
Sections 151.67, 151.69 and 151.71 do not apply to the following:
(a) Discharges of garbage from a ship for the purpose of securing
the safety of the ship and those on board or saving life at sea.
(b) The escape of garbage resulting from damage to a ship or its
equipment, if all reasonable precautions have been taken before and
after the occurrence of the damage, to prevent or minimize the escape.
[[Page 290]]
(c) The accidental loss of synthetic fishing nets, provided all
reasonable precautions have been taken to prevent such loss.
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18583, May 2, 1990; CGD 90-054, 56 FR 19578, Apr. 29, 1991]
Appendix A to Sec. Sec. 151.51 through 151.77--Summary of Garbage
Discharge Restrictions
------------------------------------------------------------------------
All Vessels Except Fixed or
Floating Platforms and Associated Fixed or
Vessels Floating
Garbage Type ------------------------------------- Platforms &
Outside special In special areas Assoc. Vessels
areas (33 CFR \2\ (33 CFR \3\ (33 CFR
151.69) 151.71) 151.73)
------------------------------------------------------------------------
Plastics--include Disposal Disposal Disposal
s synthetic prohibited prohibited prohibited
ropes and (33 CFR 151.67). (33 CFR 151.67). (33 CFR 151.67).
fishing nets and
plastic bags.
Dunnage, lining Disposal Disposal Disposal
and packing prohibited less prohibited prohibited.
materials that than 25 miles (33 CFR 151.71).
float. from nearest
land and in the
navigable waters
of the U.S.
Paper, rags, Disposal Disposal Disposal
glass, metal prohibited less prohibited prohibited.
bottles, than 12 miles (33 CFR 151.71).
crockery and from nearest
similar refuse. land and in the
navigable waters
of the U.S.
Paper, rags, Disposal Disposal Disposal
glass, etc. prohibited less prohibited prohibited.
comminuted or than 3 miles (33 CFR 151.71).
ground.\1\ from nearest
land and in the
navigable waters
of the U.S.
Victual waste not Disposal Disposal Disposal
comminuted or prohibited less prohibited less prohibited.
ground. than 12 miles than 12 miles
from nearest from nearest
land and in the land.
navigable waters
of the U.S.
Victual waste Disposal Disposal Disposal
comminuted or prohibited less prohibited less prohibited less
ground.\1\ than 3 miles than 12 miles than 12 miles
from nearest from nearest from nearest
land and in the land. land and in the
navigable waters navigable
of the U.S. waters of the
U.S.
Mixed garbage See Note 4. See Note 4. See Note 4.
types.\4\
------------------------------------------------------------------------
Note 1: Comminuted or ground garbage must be able to pass through a
screen with a mesh size no larger than 25 mm. (1 inch) (33 CFR 151.75)
Note 2: Special areas under Annex V are the Mediterranean, Baltic,
Black, Red, and North Seas areas and the Gulfs area. (33 CFR 151.53)
Note 3: Fixed or floating platforms and associated vessels includes all
fixed or floating platforms engaged in exploration, exploitation or
associated offshore processing of seabed mineral resources, and all
ships within 500m of such platforms.
Note 4: When garbage is mixed with other harmful substances having
different disposal or discharge requirements, the more stringent
disposal restrictions shall apply.
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 90-054, 56 FR
19578, Apr. 29, 1991]
Sec. 151.79 Operating requirements: Discharge of sewage within
Antarctica.
(a) A vessel certified to carry more than 10 persons must not
discharge untreated sewage into the sea within 12 nautical miles of
Antarctic land or ice shelves; beyond such distance, sewage stored in a
holding tank must not be discharged instantaneously but at a moderate
rate and, where practicable, while the ship is en route at a speed of no
less than 4 knots. For purposes of this section, ``sewage'' means:
(1) Drainage and other wastes from any form of toilets, urinals, and
WC scuppers;
(2) Drainage from medical premises (dispensary, sick bay, etc.) via
wash basins, wash tubs, and scuppers located in such premises;
(3) Drainage from spaces containing living animals; or
(4) Other waste waters when mixed with the drainages defined above.
(b) Paragraph (a) of this section does not apply to a warship, naval
auxiliary, or other ship owned or operated by the United States and used
only in government non-commercial service.
(c) Paragraph (a) of this section does not apply in cases of an
emergency relating to the safety of a ship and those on board or saving
life at sea. Notice of an activity, otherwise prohibited under paragraph
(a) of this section, undertaken in case of an emergency shall be
[[Page 291]]
reported immediately to the National Response Center (NRC) toll free
number 800-424-8802.
[CGD 97-015, 62 FR 18045, Apr. 14, 1997]
Subpart B_Transportation of Municipal and Commercial Waste
Authority: 33 U.S.C. 2602; 49 CFR 1.46.
Source: CGD 89-014, 54 FR 22548, May 24, 1989, unless otherwise
noted.
Sec. 151.1000 Purpose.
The purpose of this subpart is to implement the permit provisions of
the Shore Protection Act of 1988, (33 U.S.C. 2601 et seq.).
[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by USCG-2001-9286, 66
FR 33641, June 25, 2001]
Sec. 151.1003 Applicability.
(a) Except as provided by paragraph (b) of this section, this
subpart applies to each vessel whose purpose is the transportation of
municipal or commercial waste in coastal waters.
(b) This subpart does not apply to public vessels.
Sec. 151.1006 Definitions.
As used in this subpart--
Coastal waters means--
(1) The territorial sea of the United States;
(2) The Great Lakes and their connecting waters;
(3) The marine and estuarine waters of the United States up to the
head of tidal influence; and
(4) The Exclusive Economic Zone as established by Presidential
Proclamation Number 5030, dated March 10, 1983.
Note: The Exclusive Economic Zone extends from the baseline of the
territorial sea of the United States seaward 200 miles.
Municipal and commercial waste means solid waste as defined in
section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) except-
(1) Solid waste identified and listed under section 3001 of the
Solid Waste Disposal Act (42 U.S.C. 6921);
(2) Waste generated by a vessel during normal operations;
(3) Debris solely from construction activities;
(4) Sewage sludge subject to regulation under title I of the Marine
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et
seq.); and
(5) Dredge or fill material subject to regulation under title I of
the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C.
1401 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.), or the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C.
401 et seq.).
Public vessel means a vessel that--
(1) Is owned, or demise chartered, and operated by the United States
Government or a government of a foreign country; and
(2) Is not engaged in commercial service.
Vessel means every description of watercraft or other artifical
contrivance used, or capable of being used, as a means of transportation
on water.
[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by USCG-2001-9286, 66
FR 33641, June 25, 2001]
Sec. 151.1009 Transportation of municipal or commercial waste.
A vessel may not transport municipal or commercial waste in coastal
waters without--
(a) A conditional permit to transport municpal or commercial waste
issued under this subpart; and
(b) Displaying a number in accordance with Sec. 151.1024.
[CGD 89-014, 54 FR 22548, May 24, 1989; CGD 89-014, 54 FR 24078, June 5,
1989]
Sec. 151.1012 Applying for a conditional permit.
(a) The owner or operator of each vessel to which this subpart
applies shall apply by letter for a conditional permit required by Sec.
151.1009. Applications must be submitted to Commandant (G-MOC), U.S.
Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-
0001, Attn: Shore Protection Act Desk and include the following:
(1) The name, address, and telephone number of the vessel owner and
operator.
(2) The vessel's name and official number, if any.
(3) The vessel's area of operation.
(4) The vessel's transport capacity.
[[Page 292]]
(5) A history of the types of cargo transported by the vessel during
the previous year, including identifying the type of municipal or
commercial waste transported as--
(i) Municipal waste;
(ii) Commercial waste;
(iii) Medical waste; or
(iv) Waste of another character.
(6) The types of cargo to be transported by the vessel during the
effective period of the conditional permit, including identifying the
type of municipal or commercial waste as it is identified in paragraphs
(a)(5)(i) through (iv) of this section.
(7) A statement of whether the application for a conditional permit
is for a single voyage, a short term operation or a continuing
operation. If the application is for a single voyage or a short term
operation, the statement must include the duration of the voyage or
operation.
(8) An acknowledgment that certifies as to the truthfulness and
accuracy of the information provided.
(b) The owner or operator under paragraph (a) of this section shall
provide any additional information the Coast Guard may require.
[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by CGD 96-026, 61 FR
33665, June 28, 1996]
Sec. 151.1015 Issuing or denying the issuance of a conditional permit.
(a) After reviewing the application made under Sec. 151.1012, the
Coast Guard either--
(1) Issues the conditional permit for a vessel under this section;
or
(2) Denies the issuance of the conditional permit to the vessel in
accordance with paragraph (c) of this section. On denying the issuance
of the permit, the Coast Guard notifies the applicant of the--
(i) Denial and the reason for the denial; and
(ii) Procedures under Sec. 151.1021 for appealing the denial.
(b) Each conditional permit issued under this section is effective--
(1) On the date it is issued; and
(2) Until the expiration date stated on the conditional permit
unless it is--
(i) Withdrawn under Sec. 151.1018;
(ii) Terminated because--
(A) The vessel is sold; or
(B) This subpart no longer applies to the vessel.
(c) The Coast Guard may deny the issuance of a conditional permit
if--
(i) The application does not contain the information required under
Sec. 151.1012; or
(ii) There is reason to believe that the information contained on
the application is not true and correct.
Sec. 151.1018 Withdrawal of a conditional permit.
(a) The Coast Guard may withdraw a conditional permit if the
Administrator of the EPA requests withdrawal because the Administrator
has determined that the owner or operator of the vessel has a record or
a pattern of serious violations of--
(1) Subtitle A of the Shore Protection Act of 1988 (33 U.S.C. 2601
et seq.);
(2) The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
(3) The Marine Protection, Research, and Sanctuaries Act of 1972 (33
U.S.C. 1401 et seq.);
(4) The Rivers and Harbors Appropriations Act of 1899 (33 U.S.C.
1401 et seq.); or
(5) The Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
(b) Upon reaching a determination to withdraw a conditional permit,
the Coast Guard notifies the owner or operator of--
(1) The withdrawal and the reason for the withdrawal;
(2) The procedures for appealing the withdrawal.
(c) After receiving the notice under paragraph (b) of this section,
the owner or operator shall ensure that--
(1) The vessel immediately ceases transporting municipal or
commercial waste and the marking required by Sec. 151.1024 is removed;
and
(2) The conditional permit is returned to the Coast Guard within 5
days after receiving the notice.
Sec. 151.1021 Appeals.
(a) Any person directly affected by an action taken under this
subpart may request reconsideration by the Coast Guard officer
responsible for that action.
[[Page 293]]
(b) The person affected who is not satisfied with a ruling after
having it reconsidered under paragraph (a) of this section may--
(1) Appeal that ruling in writing within 30 days after the ruling to
the Assistant Commandant for Marine Safety, Security and Environmental
Protection, U.S. Coast Guard, Washington, DC 20593-0001; and
(2) Supply supporting documentation and evidence that the appellant
wishes to have considered.
(c) After reviewing the appeal submitted under paragraph (b) of this
section, the Assistant Commandant for Marine Safety, Security and
Environmental Protection issues a ruling which is final agency action.
(d) If the delay in presenting a written appeal has an adverse
impact on the operations of the appellent, the appeal under paragraph
(b) of this section--
(1) May be presented orally; and
(2) Must be submitted in writing within five days after the oral
presentation--
(i) With the basis for the appeal and a summary of the material
presented orally; and
(ii) To the same Coast Guard official who heard the oral
presentation.
[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by CGD 96-026, 61 FR
33665, June 28, 1996; CGD 97-023, 62 FR 33363, June 19, 1997; USCG-2002-
12471, 67 FR 41332, June 18, 2002]
Sec. 151.1024 Display of number.
(a) The owner or operator of each vessel under this subpart must
ensure that the vessel number stated on the conditional permit issued
under Sec. 151.1015 is displayed so that it--
(1) Is clearly legible;
(2) Has a contrasting background;
(3) Is readily visible from either side of the vessel; and
(4) Is in block figures that are at least 18 inches in height.
(b) No person may tamper with or falsify a number required under
this section.
Subpart C_Ballast Water Management for Control of Nonindigenous Species
in the Great Lakes and Hudson River
Authority: 16 U.S.C. 4711; Department of Homeland Security
Delegation No. 0170.1.
Source: CGD 91-066, 58 FR 18334, Apr. 8, 1993, unless otherwise
noted.
Sec. 151.1500 Purpose.
The purpose of this subpart is to implement the provisions of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4701 et seq.).
Sec. 151.1502 Applicability.
This subpart applies to each vessel that carries ballast water and
that after operating on the waters beyond the Exclusive Economic Zone
during any part of its voyage enters the Snell Lock at Massena, New
York, or navigates north of the George Washington Bridge on the Hudson
River, regardless of other port calls in the United States or Canada
during that voyage.
[CGD 94-003, 59 FR 67634, Dec. 30, 1994]
Sec. 151.1504 Definitions.
The following terms are defined as used in this subpart.
Ballast water means any water and suspended matter taken on board a
vessel to control or maintain, trim, draught, stability, or stresses of
the vessel, regardless of how it is carried.
Ballast tank means any tank or hold on a vessel used for carrying
ballast water, whether or not the tank or hold was designed for that
purpose.
Captain of the Port (COTP) means the Coast Guard officer designated
as COTP of either the Buffalo, NY, Marine Inspection Zone and Captain of
the Port Zone or the New York, NY, Captain of the Port Zone described in
part 3 of this chapter or an official designated by the COTP.
Commandant means the Commandant of the Coast Guard or an authorized
representative.
Exclusive Economic Zone (EEZ) means the area established by
Presidential Proclamation Number 5030, dated
[[Page 294]]
March 10, 1983, (48 FR 10605, 3 CFR, 1983 Comp., p. 22), which extends
from the base line of the territorial sea of the United States seaward
200 miles, and the equivalent zone of Canada.
Environmentally sound method means methods, efforts, actions, or
programs, either to prevent introductions or to control infestations of
aquatic nuisance species, that minimize adverse impacts to the structure
and function of an ecosystem, minimize adverse effects on non-target
organisms and ecosystems, and that emphasize integrated pest management
techniques and non-chemical measures.
Great Lakes means Lake Ontario, Lake Erie, Lake Huron (including
Lake Saint Clair), Lake Michigan, Lake Superior, and the connecting
channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara
River, and Saint Lawrence River to the Canadian border), and includes
all other bodies of water within the drainage basin of such lakes and
connecting channels.
Port means a terminal or group of terminals or any place or facility
that has been designated as a port by the COTP.
Sediments means any matter settled out of ballast water within a
vessel.
Voyage means any transit by a vessel destined for the Great Lakes or
the Hudson River, north of the George Washington Bridge, from a port or
place outside of the EEZ, including intermediate stops at a port or
place within the EEZ.
[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended by CGD 94-003, 59 FR
67634, Dec. 30, 1994; USCG-1998-3423, 64 FR 26682, May 17, 1999]
Sec. 151.1506 Restriction of operation.
No vessel subject to the requirements of this subpart may be
operated in the Great Lakes or the Hudson River, north of the George
Washington Bridge, unless the master of the vessel has certified, in
accordance with Sec. 151.1516, that the requirements of this subpart
have been met.
[CGD 94-003, 59 FR 67634, Dec. 30, 1994]
Sec. 151.1508 Revocation of clearance.
A COTP may request the District Director of Customs to withhold or
revoke the clearance required by 46 U.S.C. app. 91 for a vessel subject
to this subpart, the owner or operator of which is not in compliance
with the requirements of this subpart.
Sec. 151.1510 Ballast water management.
(a) The master of each vessel subject to this subpart shall employ
one of the following ballast water management practices:
(1) Carry out an exchange of ballast water on the waters beyond the
EEZ, from an area more than 200 nautical miles from any shore, and in
waters more than 2,000 meters (6,560 feet, 1,093 fathoms) deep, prior to
entry into the Snell Lock, at Massena, New York, or prior to navigating
on the Hudson River, north of the George Washington Bridge, such that,
at the conclusion of the exchange, any tank from which ballast water
will be discharged contains water with a minimum salinity level of 30
parts per thousand.
(2) Retain the vessel's ballast water on board the vessel. If this
method of ballast water management is employed, the COTP may seal any
tank or hold containing ballast water on board the vessel for the
duration of the voyage within the waters of the Great Lakes or the
Hudson River, north of the George Washington Bridge.
(3) Use an alternative environmentally sound method of ballast water
management that has been submitted to, and approved by, the Commandant
prior to the vessel's voyage. Requests for approval of alternative
ballast water management methods must be submitted to the Commandant (G-
M), U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington,
DC 20593-0001.
(b) No master of a vessel subject to this subpart shall separately
discharge sediment from tanks or holds containing ballast water unless
it is disposed of ashore in accordance with local requirements.
(c) Nothing in this subpart authorizes the discharge of oil or
noxious liquid substances (NLSs) in a manner prohibited by United States
or international laws or regulations. Ballast water carried in any tank
containing a residue of oil, NLSs, or any other pollutant must be
discharged in accordance with
[[Page 295]]
the applicable regulations. Nothing in this subpart affects or
supersedes any requirement or prohibitions pertaining to the discharge
of ballast water into the waters of the United States under the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.).
[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended by CGD 94-003, 59 FR
67634, Dec. 30, 1994; USCG-1998-3423, 66 FR 58390, Nov. 21, 2001]
Sec. 151.1512 Vessel safety.
Nothing in this subpart relieves the master of the responsibility
for ensuring the safety and stability of the vessel or the safety of the
crew and passengers, or any other responsibility.
Sec. 151.1514 Ballast water management alternatives under extraordinary
conditions.
The master of any vessel subject to this subpart who, due to
weather, equipment failure, or other extraordinary conditions, is unable
to effect a ballast water exchange before entering the EEZ, must employ
another method of ballast water management listed in Sec. 151.1510, or
request from the COTP permission to exchange the vessel's ballast water
within an area agreed to by the COTP at the time of the request and must
discharge the vessel's ballast water within that designated area.
Sec. 151.1516 Compliance monitoring.
(a) The master of each vessel equipped with ballast tanks shall
provide, as detailed in Sec. 151.2040, the following information, in
written form, to the COTP:
(1) The vessel's name, port of registry, and official number or call
sign.
(2) The name of the vessel's owner(s).
(3) Whether ballast water is being carried.
(4) The original location and salinity, if known, of ballast water
taken on, before an exchange.
(5) The location, date, and time of any ballast water exchange.
(6) The salinity of any ballast water to be discharged into the
territorial waters of the United States.
(7) The intended discharge port for ballast water and location for
disposal of sediment carried upon entry into the territorial waters of
the United States, if ballast water or sediment are to be discharged.
(8) The signature of the master attesting to the accuracy of the
information provided and certifying compliance with the requirements of
this subpart.
(b) The COTP may take samples of ballast water to assess the
compliance with, and the effectiveness of, this subpart.
[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended by USCG-1998-3423, 66
FR 58391, Nov. 21, 2001; USCG-2002-13147, 69 FR 32869, June 14, 2004]
Sec. 151.1518 Penalties for failure to conduct ballast water management.
(a) A person who violates this subpart is liable for a civil penalty
in an amount not to exceed $27,500. Each day of a continuing violation
constitutes a separate violation. A vessel operated in violation of the
regulations is liable in rem for any civil penalty assessed under this
subpart for that violation.
(b) A person who knowingly violates the regulations of this subpart
is guilty of a class C felony.
[USCG-2002-13147, 69 FR 32869, June 14, 2004]
Subpart D_Ballast Water Management for Control of Nonindigenous Species
in Waters of the United States
Authority: 16 U.S.C. 4711; Department of Homeland Security
Delegation No. 0170.1.
Source: USCG-1998-3423, 64 FR 26682, May 17, 1999, unless otherwise
noted.
Sec. 151.2000 What is the purpose of this subpart?
This subpart implements the provisions of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (NANPCA) (16 U.S.C. 4701-
4751), as amended by the National Invasive Species Act of 1996 (NISA).
Sec. 151.2005 To which vessels does this subpart apply?
Unless exempted in Sec. 151.2010 or Sec. 151.2015, this subpart
applies to all vessels, U.S. and foreign, equipped with ballast tanks,
that operate in the waters of the United States and are bound
[[Page 296]]
for ports or places in the United States.
[USCG-2002-13147, 69 FR 32869, June 14, 2004]
Sec. 151.2007 What are the penalties for violations of the mandatory
provisions of this subpart?
(a) A person who violates this subpart is liable for a civil penalty
not to exceed $ 27,500. Each day of a continuing violation constitutes a
separate violation. A vessel operated in violation of the regulations is
liable in rem for any civil penalty assessed under this subpart for that
violation.
(b) A person who knowingly violates the regulations of this subpart
is guilty of a class C felony.
[USCG-2002-13147, 69 FR 32869, June 14, 2004]
Sec. 151.2010 Which vessels are exempt from the mandatory requirements?
Three types of vessels are exempt from the requirements in
Sec. Sec. 151.2040 and 151.2045:
(a) A crude oil tanker engaged in the coastwise trade.
(b) A Department of Defense or Coast Guard vessel subject to the
requirements of section 1103 of the Act, or any vessel of the Armed
Forces, as defined in the Federal Water Pollution Control Act (33 U.S.C.
1322(a)) that is subject to the ``Uniform National Discharge Standards
for Vessels of the Armed Forces'' (33 U.S.C. 1322(n)).
(c) A vessel that operates exclusively within one Captain of the
Port (COTP) Zone.
[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended at 66 FR 58391,
Nov. 21, 2001; USCG-2002-13147, 69 FR 32869, June 14, 2004]
Sec. 151.2015 Is a vessel in innocent passage exempt from the mandatory
requirements?
A foreign vessel merely traversing the territorial sea of the U.S.
(i.e., not entering or departing a U.S. port, or not navigating the
internal waters of the U.S.) is exempt from the requirements of this
subpart.
[USCG-2003-14273, 69 FR 44961, July 28, 2004]
Sec. 151.2025 What definitions apply to this subpart?
(a) Unless otherwise stated in this section, the definitions in 33
CFR 151.1504, 33 CFR 160.203, and the United Nations Convention on the
Law of the Sea apply to this part.
(b) As used in this part--
ANSTF means the Aquatic Nuisance Species Task Force mandated under
the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990
(NANPCA).
Ballast tank means any tank or hold on a vessel used for carrying
ballast water, whether or not the tank or hold was designed for that
purpose.
Captain of the Port (COTP) means the Coast Guard officer designated
as the COTP, or a person designated by that officer, for the COTP zone
covering the U.S. port of destination. These COTP zones are listed in 33
CFR part 3.
Exchange means to replace the water in a ballast tank using one of
the following methods:
(1) Flow through exchange means to flush out ballast water by
pumping in mid-ocean water at the bottom of the tank and continuously
overflowing the tank from the top until three full volumes of water has
been changed--to minimize the number of original organisms remaining in
the tank.
(2) Empty/refill exchange means to pump out the ballast water taken
on in ports, estuarine, or territorial waters until the tank is empty,
then refilling it with mid-ocean water; masters/operators should pump
out as close to 100 percent of the ballast water as is safe to do so.
Exclusive Economic Zone (EEZ) means the area established by
Presidential Proclamation Number 5030, dated March 10, 1983 (48 FR
10605, 3 CFR, 1983 Comp., p. 22) which extends from the base line of the
territorial sea of the United States seaward 200 miles, and the
equivalent zone of Canada.
IMO guidelines mean the Guidelines for the Control and Management of
Ships' Ballast Water to Minimize the Transfer of Harmful Aquatic
Organisms and Pathogens (IMO Resolution A.868 (20), adopted November
1997).
NANPCA means the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990.
NBIC means the National Ballast Water Information Clearinghouse
operated by the Coast Guard and the
[[Page 297]]
Smithsonian Environmental Research Center as mandated under NISA.
NISA means the National Invasive Species Act of 1996, which
reauthorized and amended NANPCA.
Port or place of departure means any port or place in which a vessel
is anchored or moored.
Port or place of destination means any port or place to which a
vessel is bound to anchor or moor.
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands,
and the Trust Territory of the Pacific Islands.
Voyage means any transit by a vessel destined for any United States
port or place.
Waters of the United States means waters subject to the jurisdiction
of the United States as defined in 33 CFR Sec. 2.38, including the
navigable waters of the United States. For this regulation, the
navigable waters include the territorial sea as extended to 12 nautical
miles from the baseline, pursuant to Presidential Proclamation No. 5928
of December 27, 1988.
[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended by USCG-2003-
15404, 68 FR 37741, June 25, 2003; USCG-2002-13147, 69 FR 32869, June
14, 2004; USCG-2003-14273, 69 FR 44961, July 28, 2004]
Sec. 151.2030 Who is responsible for determining when to use the
safety exemption?
(a) The master, operator, or person-in-charge of a vessel is
responsible for the safety of the vessel, its crew, and its passengers.
(b) The master, operator, or person-in-charge of a vessel is not
required to conduct a ballast water management practice (including
exchange), if the master decides that the practice would threaten the
safety of the vessel, its crew, or its passengers because of adverse
weather, vessel design limitations, equipment failure, or any other
extraordinary conditions. If the master uses this section, and the--
(1) Vessel is on a voyage to the Great Lakes or Hudson River, the
vessel must comply with the requirements of Sec. 151.1514 of subpart C
of this part (Ballast water management alternatives under extraordinary
conditions); or
(2) Vessel is on a voyage to any port other than the Great Lakes or
Hudson River, the vessel shall not be required to perform a ballast
water management practice which the master has found to threaten the
safety of the vessel, its crew, or its passengers because of adverse
weather, vessel design limitations, equipment failure, or any other
extraordinary conditions.
(c) Nothing in this subpart relieves the master, operator, or
person-in-charge of a vessel, of the responsibility for ensuring the
safety and stability of the vessel or the safety of the crew and
passengers, or any other responsibility.
Sec. 151.2035 What are the required ballast water management
practices for my vessel?
(a) Masters, owners, operators, or persons-in-charge of all vessels
equipped with ballast water tanks that operate in the waters of the U.S.
must:
(1) Avoid the discharge or uptake of ballast water in areas within
or that may directly affect marine sanctuaries, marine preserves, marine
parks, or coral reefs.
(2) Minimize or avoid uptake of ballast water in the following areas
and situations:
(i) Areas known to have infestations or populations of harmful
organisms and pathogens (e.g., toxic algal blooms).
(ii) Areas near sewage outfalls.
(iii) Areas near dredging operations.
(iv) Areas where tidal flushing is known to be poor or times when a
tidal stream is known to be more turbid.
(v) In darkness when bottom-dwelling organisms may rise up in the
water column.
(vi) Where propellers may stir up the sediment.
(vii) Areas with pods of whales, convergence zones, and boundaries
of major currents.
(3) Clean the ballast tanks regularly to remove sediments. Clean the
tanks in mid-ocean or under controlled arrangements in port, or at dry
dock. Dispose of your sediments in accordance with local, State, and
Federal regulations.
(4) Discharge only the minimal amount of ballast water essential for
[[Page 298]]
vessel operations while in the waters of the United States.
(5) Rinse anchors and anchor chains when you retrieve the anchor to
remove organisms and sediments at their place of origin.
(6) Remove fouling organisms from hull, piping, and tanks on a
regular basis and dispose of any removed substances in accordance with
local, State and Federal regulations.
(7) Maintain a ballast water management plan that has been developed
specifically for the vessel that will allow those responsible for the
plan's implementation to understand and follow the vessel's ballast
water management strategy.
(8) Train the master, operator, person-in-charge, and crew, on the
application of ballast water and sediment management and treatment
procedures.
(b) In addition to the provisions of paragraph (a) of this section,
if the vessel carries ballast water that was taken on in areas less than
200 nautical miles from any shore into the waters of the U.S. after
operating beyond the Exclusive Economic Zone, you (the master, operator,
or person-in-charge of a vessel) must employ at least one of the
following ballast water management practices:
(1) Perform complete ballast water exchange in an area no less than
200 nautical miles from any shore prior to discharging ballast water in
U.S. waters;
(2) Retain ballast water onboard the vessel; or
(3) Prior to the vessel entering U.S. waters, use an alternative
environmentally sound method of ballast water management that has been
approved by the Coast Guard.
[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended at 66 FR 58391,
Nov. 21, 2001; USCG-2003-14273, 69 FR 44961, July 28, 2004; USCG-2002-
14273, 69 FR 60309, Oct. 8, 2004]
Sec. 151.2036 If my voyage does not take me into waters 200 nautical
miles or greater from any shore, must I divert to conduct a ballast
water exchange?
A vessel will not be required to deviate from its voyage, or delay
the voyage, in order to conduct a ballast water exchange.
[USCG-2003-14273, 69 FR 44961, July 28, 2004]
Sec. 151.2037 If my vessel cannot conduct ballast water management
practices because of its voyage and/or safety concerns, will I be
prohibited from
discharging ballast water?
(a) A vessel that cannot practicably meet the requirements of Sec.
151.2035(b)(1) because its voyage does not take it into waters 200
nautical miles or greater from any shore for a sufficient length of time
and elects to retain ballast water on board, or because of the safety
concerns contained in Sec. 151.2030, will not be prohibited from the
discharge of ballast water in areas other than the Great Lakes and the
Hudson River. However, the vessel must discharge only that amount of
ballast water operationally necessary to ensure the safety of the
vessels for cargo operations and make ballast water records available to
the local Captain of the Port upon request.
(b) A vessel that cannot practicably meet the requirements of Sec.
151.2035(b)(3) because its alternative environmentally sound ballast
water management method is inoperable must employ one of the other
ballast water management practices stated in Sec. 151.2035(b). If the
vessel cannot employ other ballast water management practices due to
voyage or safety concerns, the vessel will not be prohibited from the
discharge of ballast water in areas other than the Great Lakes and the
Hudson River. However, the vessel must discharge only that amount of
ballast water operationally necessary to ensure the safety of the
vessels for cargo operations and make ballast water records available to
the local Captain of the Port upon request.
[USCG-2003-14273, 69 FR 44961, July 28, 2004]
Sec. 151.2040 What are the mandatory ballast water management
requirements for vessels equipped with ballast tanks that operate in
the waters of the United
States and are bound for ports or places in the United States?
(a) A vessel bound for the Great Lakes or Hudson River, which has
operated beyond the EEZ (which includes
[[Page 299]]
the equivalent zone of Canada) during any part of its voyage regardless
of intermediate ports of call within the waters of the United States or
Canada, must comply with Sec. Sec. 151.2041 and 151.2045 of this
subpart, as well as with the provisions of subpart C of this part.
(b) A vessel engaged in the foreign export of Alaskan North Slope
Crude Oil must comply with Sec. Sec. 151.2041 and 151.2045 of this
subpart, as well as with the provisions of 15 CFR 754.2(j)(1)(iii).
Section 15 CFR 754.2(j)(1)(iii) requires a mandatory program of deep
water ballast exchange unless doing so would endanger the safety of the
vessel or crew.
(c) A vessel not covered by paragraphs (a) or (b) of this section
and is bound for ports or places in the United States must comply with
Sec. Sec. 151.2041 and 151.2045 of this subpart.
(d) This subpart does not authorize the discharge of oil or noxious
liquid substances (NLS) in a manner prohibited by United States or
international laws or regulations. Ballast water carried in any tank
containing a residue of oil, NLS, or any other pollutant must be
discharged in accordance with applicable regulations.
(e) This subpart does not affect or supercede any requirement or
prohibition pertaining to the discharge of ballast water into the waters
of the United States under the Federal Water Pollution Control Act (33
U.S.C. 1251 to 1376).
[USCG-2002-13147, 69 FR 32869, June 14, 2004]
Sec. 151.2041 What are the mandatory ballast water reporting requirements
for all vessels equipped with ballast tanks bound for ports or places of
the United
States?
(a) Ballast water reporting requirements exist for each vessel bound
for ports or places of the United States regardless of whether a vessel
operated outside of the EEZ (which includes the equivalent zone of
Canada), unless exempted in Sec. Sec. 151.2010 or 151.2015.
(b) The master, owner, operator, agent, or person-in-charge of a
vessel to whom this section applies must provide the information
required by Sec. 151.2045 in electronic or written form (OMB form
Control No. 1625-0069) to the Commandant, U.S. Coast Guard or the
appropriate COTP as follows:
(1) For any vessel bound for the Great Lakes from outside the EEZ
(which includes the equivalent zone of Canada).
(i) You must fax the required information at least 24 hours before
the vessel arrives in Montreal, Quebec to either the USCG COTP Buffalo,
Massena Detachment (315-769-5032), or the St. Lawrence Seaway
Development Corporation (315-764-3250); or
(ii) If you are not a U.S. or Canadian Flag vessel, you may complete
the ballast water information section of the St. Lawrence Seaway
required ``Pre-entry Information from Foreign Flagged Vessels Form'' and
submit it in accordance with the applicable Seaway Notice in lieu of
this requirement.
(2) For any vessel bound for the Hudson River north of the George
Washington Bridge entering from outside the EEZ (which includes the
equivalent zone of Canada). You must fax the information to the COTP New
York (718-354-4249) at least 24 hours before the vessel enters New York,
New York.
(3) For any vessel not addressed in paragraphs (b)(1) and (b)(2) of
this section, which is equipped with ballast water tanks and bound for
ports or places in the United States. If your voyage is less than 24
hours, you must report before departing your port or place of departure.
If your voyage exceeds 24 hours, you must report at least 24 hours
before arrival at your port or place of destination. All required
information is to be sent to the National Ballast Information
Clearinghouse (NBIC) using only one of the following means:
(i) Internet at: http://invasions.si.edu/NBIC/bwform.html;
(ii) E-mail to NBIC@BALLASTREPORT.ORG;
(iii) Fax to 301-261-4319; or
(iv) Mail to U.S. Coast Guard, c/o SERC (Smithsonian Environmental
Research Center), P.O. Box 28, Edgewater, MD 21037-0028.
(c) If the information submitted in accordance with this section
changes, you must submit an amended form before the vessel departs the
waters of the United States.
[USCG-2002-13147, 69 FR 32870, June 14, 2004; 69 FR 40767, July 7, 2004]
[[Page 300]]
Sec. 151.2043 Equivalent Reporting Methods for vessels other than those
entering the Great Lakes or Hudson River after operating outside the EEZ
or Canadian
equivalent.
(a) For ships required to report under Sec. 151.2041 the Chief,
Environmental Standards Division (G-MSO-4), acting for the Assistant
Commandant for Marine Safety, Security and Environmental Protection (G-
M) may, upon receipt of a written request, consider and approve
alternative methods of reporting if:
(1) Such methods are at least as effective as that required by Sec.
151.2041; and
(2) Compliance with the requirement is economically or physically
impractical.
(i) The Chief, Environmental Standards Division (G-MSO-4) will take
approval or disapproval action on the request submitted in accordance
with paragraph (a) of this section within 30 days of receipt of the
request.
(ii) [Reserved]
[USCG-1998-3423, 66 FR 58391, Nov. 21, 2001, as amended by USCG-2002-
12471, 67 FR 41332, June 18, 2002. Redesignated and amended by USCG-
2002-13147, 69 FR 32870, June 14, 2004]
Sec. 151.2045 What are the mandatory recordkeeping requirements for
vessels equipped with ballast tanks that are bound for a port or place
in the United
States?
(a) The master, owner, operator, or person in charge of a vessel
bound for a port or place in the United States, unless specifically
exempted by Sec. Sec. 151.2010 or 151.2015 must keep written, records
that include the following information (Note: Ballast tank is any tank
or hold that carries ballast water regardless of design):
(1) Vessel information. Include the--
(i) Name;
(ii) International Maritime Organization (IMO) Number (official
number if IMO number not issued);
(iii) Vessel type;
(iv) Owner or operator;
(v) Gross tonnage;
(vi) Call sign; and
(vii) Port of Registry (Flag).
(2) Voyage information. Include the date and port of arrival, vessel
agent, last port and country of call, and next port and country of call.
(3) Total ballast water information. Include the total ballast water
capacity, total volume of ballast water on board, total number of
ballast water tanks, and total number of ballast water tanks in ballast.
Use units of measurements such as metric tons (MT), cubic meters (m3),
long tons (LT), and short tons (ST).
(4) Ballast Water Management. Include the total number of ballast
tanks/holds that are to be discharged into the waters of the United
States or to a reception facility. If an alternative ballast water
management method is used, please note the number of tanks that were
managed using an alternative method, as well as the type of method used.
Indicate whether the vessel has a ballast water management plan and IMO
guidelines on board, and whether the ballast water management plan is
used.
(5) Information on ballast water tanks that are to be discharged
into the waters of the United States or to a reception facility. Include
the following:
(i) The origin of ballast water. This includes date(s), location(s),
volume(s) and temperature(s) (If a tank has been exchanged, list the
loading port of the ballast water that was discharged during the
exchange.).
(ii) The date(s), location(s), volume(s), method, thoroughness
(percentage exchanged if exchange conducted), sea height at time of
exchange if exchange conducted, of any ballast water exchanged or
otherwise managed.
(iii) The expected date, location, volume, and salinity of any
ballast water to be discharged into the waters of the United States or a
reception facility.
(6) Discharge of sediment. If sediment is to be discharged within
the jurisdiction of the United States include the location of the
facility where the disposal will take place.
(7) Certification of accurate information. Include the master,
owner, operator, person in charge, or responsible officer's printed
name, title, and signature attesting to the accuracy of the information
provided and certifying compliance with the requirements of this
subpart.
[[Page 301]]
(8) Change to previously submitted information. Indicate whether the
information is a change to information previously submitted for this
voyage.
(9) The master, owner, operator, or person in charge of a vessel
subject to this section, must retain a signed copy of this information
on board the vessel for 2 years.
(10) The information required of this subpart may be used to satisfy
the ballast water recordkeeping requirements for vessels subject to
Sec. 151.2040(a) and (b).
(11) A sample form and the instructions for completing the form are
in the appendix to this subpart. If you complete the ``Ballast Water
Reporting Form'' contained in the IMO Guidelines or complete the ballast
water information section of the St. Lawrence Seaway required ``Pre-
entry Information Flagged Vessels Form,'' then you have met the
requirements of this section.
[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended at 66 FR 58391,
Nov. 21, 2001; USCG-2002-13147, 69 FR 32870, June 14, 2004]
Sec. 151.2050 What methods are used to monitor compliance with this
subpart?
(a) The COTP may take samples of ballast water and sediment, examine
documents, and make other appropriate inquiries to assess the compliance
of any vessel subject to this subpart.
(b) The master, owner, operator, or person in charge of a vessel
subject to this section, shall make available to the COTP the records
required by Sec. 151.2045 upon request.
(c) The NBIC will compile the data obtained from submitted reports.
This data will be used, in conjunction with existing databases on the
number of vessel arrivals, to assess vessel reporting rates.
Sec. 151.2055 Where are the alternate exchange zones located? [Reserved]
Sec. 151.2060 What must each application for approval of an alternative
compliance technology contain? [Reserved]
Sec. 151.2065 What is the standard of adequate compliance determined
by the ANSTF for this subpart? [Reserved]
[[Page 302]]
Appendix to Subpart D of Part 151--Ballast Water Reporting Form and
Instructions for Ballast Water Reporting Form
[GRAPHIC] [TIFF OMITTED] TR17MY99.001
[[Page 303]]
[GRAPHIC] [TIFF OMITTED] TR17MY99.002
[[Page 304]]
[GRAPHIC] [TIFF OMITTED] TR17MY99.003
Where to send this form.
[[Page 305]]
------------------------------------------------------------------------
Vessels equipped with ballast water tanks bound for all ports or places
within the waters of the United States after operating outside the EEZ
(which includes the equivalent zone of Canada).
-------------------------------------------------------------------------
You must submit your report as
Bound for detailed below.
------------------------------------------------------------------------
The Great Lakes................... Fax the information at least 24
hours before the vessel arrives in
Montreal, Quebec, to the USCG COTP
Buffalo, Massena Detachment (315-
769-5032) or to the Saint Lawrence
Seaway Development Corporation (315-
764-3250).
In lieu of faxing, vessels that are
not U.S. or Canadian flagged may
complete the ballast water
information section of the St.
Lawrence Seaway ``Pre-entry
Information from Foreign Flagged
Vessel Form''.
Hudson River north of the George Fax the information to the COTP New
Washington Bridge. York at (718-354-4249) at least 24
hours before the vessel arrives at
New York, New York.
*Note: Vessels entering COTP New
York Zone which are not bound up
the Hudson River north of George
Washington Bridge should submit the
form in accordance with the
instructions in the following
block.
All other U.S. Ports.............. Report before departing the port or
place of departure if voyage is
less than 24 hours, or at least 24
hours before arrival at the port or
place of destination if the voyage
exceeds 24 hours; and submit the
required information to the
National Ballast Information
Clearinghouse (NBIC) by one of the
following means:
Via the Internet at http://
invasions.si.edu/NBIC/bwform.html;
E-mail to NBIC@BALLASTREPORT.ORG;
Fax to 301-261-4319; orMail the
information to U.S. Coast Guard, c/
o SERC. P.O. Box 28, Edgewater, MD
21037-0028.
------------------------------------------------------------------------
------------------------------------------------------------------------
Vessels that have not operated outside the EEZ, which are equipped with
ballast water tanks and are bound for all ports or places within the
waters of the United States.
-------------------------------------------------------------------------
You must submit your report as
Bound for detailed below:
------------------------------------------------------------------------
All U.S. ports including the Great Report before departing the port or
Lakes and Hudson River North of place of departure if voyage is
George Washington Bridge. less than 24 hours, or at least 24
hours before arrival at the port or
place of destination if the voyage
exceeds 24 hours; and submit the
required information to the
National Ballast Information
Clearinghouse (NBIC) by one of the
following means:
Via the Internet at http://
invasions.si.edu/NBIC/bwform.html;
E-mail to NBIC@BALLASTREPORT.ORG;
Fax to 301-261-4319; orMail to U.S.
Coast Guard, c/o SERC, P.O. Box 28,
Edgewater, MD 21037-0028.
------------------------------------------------------------------------
If any information changes, send an amended form before the vessel
departs the waters of the United States.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a valid OMB
control number. The Coast Guard estimates that the average burden for
this report is 35 minutes. You may submit any comments concerning the
accuracy of this burden estimate or any suggestions for reducing the
burden to: Commandant (G-MSO), U.S. Coast Guard, 2100 Second St. SW,
Washington, DC 20593-0001, or Office of Management and Budget, Paperwork
Reduction Project (1625-0069), Washington, DC 20503.
[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended at 66 FR 58391,
Nov. 21, 2001; USCG-2002-13147, 69 FR 32870, June 14, 2004; USCG-2005-
21531, 70 FR 36349, June 23, 2005]