[Code of Federal Regulations] [Title 33, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 33CFR138.20] [Page 80-81] TITLE 33--NAVIGATION AND NAVIGABLE WATERS CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) PART 138--FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS)--Table of Contents Sec. 138.20 Definitions. (a) As used in this part (including the appendices to this part), the following terms have the same meaning as set forth in-- (1) Section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701), respecting the financial responsibility referred to in Sec. 138.10(b)(1): claimant, damages, discharge, exclusive economic zone, navigable waters, mobile offshore drilling unit, natural resources, offshore facility, oil, person, remove, removal, removal costs, and United States; and (2) Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601), respecting the financial responsibility referred to in Sec. 138.10(b)(2): claimant, damages, environment, hazardous substance, navigable waters, natural resources, person, release, remove, removal, and United States. (b) As used in this part (including the appendices to this part)-- Acts means OPA 90 and CERCLA. Applicant means an operator who has applied for a Certificate or for the renewal of a Certificate under this part. Application means ``Application for Vessel Certificate of Financial Responsibility (Water Pollution)'', as illustrated in Appendix A of this part. Cargo means goods or materials on board a vessel for purposes of transportation, whether proprietary or nonproprietary. A hazardous substance or oil carried solely for use aboard the carrying vessel is not ``cargo''. CERCLA means title I of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.). Certificant means an operator who has been issued a Certificate under this part. Certificate means a ``Vessel Certificate of Financial Responsibility (Water Pollution)'' issued under this part, unless otherwise indicated. Director, NPFC, means the head of the U.S. Coast Guard National Pollution Funds Center (NPFC). Financial responsibility means statutorily required financial ability to meet liability under the Acts. Fish tender vessel and fishing vessel have the same meaning as set forth in 46 U.S.C. 2101. Fuel means any oil or hazardous substance used or capable of being used to produce heat or power by burning, including power to operate equipment. A hand-carried pump with not more than [[Page 81]] five gallons of fuel capacity, that is neither integral to nor regularly stored aboard a non-self-propelled barge, is not equipment. Guarantor means any person who provides evidence of financial responsibility, under the Acts, on behalf of a vessel owner, operator, and demise charterer. A vessel operator who can qualify as a self- insurer may act as both a self-insurer of vessels it operates and as a financial guarantor of other vessels, under Sec. 138.80(b)(4). Hazardous material means a liquid material or substance that is-- (1) Flammable or combustible; (2) Designated a hazardous substance under section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1221); or (3) Designated a hazardous material under section 104 of the Hazardous Material Transportation Act (49 App. U.S.C. 1803). Incident means any occurrence or series of occurrences having the same origin, involving one or more vessels, facilities, or any combination thereof, resulting in the discharge or substantial threat of discharge of oil into or upon the navigable waters or adjoining shorelines or the exclusive economic zone. Insurer is a type of guarantor and means one or more insurance companies, associations of underwriters, shipowners' protection and indemnity associations, or other persons, each of which must be acceptable to the Coast Guard. Master Certificate means a Certificate issued under this part to a person acting as vessel operator in its capacity as a builder, repairer, scrapper, or seller of vessels. Offshore supply vessel has the same meaning as set forth in 46 U.S.C. 2101. OPA 90 means title I of the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.). Operator means a person who is an owner, a demise charterer, or other contractor, who conducts the operation of, or who is responsible for the operation of, a vessel. A builder, repairer, scrapper, lessor, or seller who is responsible, or who agrees by contract to become responsible, for a vessel is an operator. Owner means any person holding legal or equitable title to a vessel. In a case where a Certificate of Documentation or equivalent document has been issued, the owner is considered to be the person or persons whose name or names appear thereon as owner. For purposes of CERCLA only, ``owner'' does not include a person who, without participating in the management of a vessel, holds indicia of ownership primarily to protect the owner's security interest in the vessel. Public vessel means a vessel Owned or bareboat chartered by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when the vessel is engaged in commerce. Self-elevating lift vessel means a vessel with movable legs capable of raising its hull above the surface of the sea and that is an offshore work boat (such as a work barge) that does not engage in drilling operations. Tank vessel means a vessel (other than an offshore supply vessel, a fishing or fish tender vessel of 750 gross tons or less that transfers fuel without charge to a fishing vessel owned by the same person, or a towing or pushing vessel (tug) simply because it has in its custody a tank barge) that is constructed or adapted to carry, or that carries, oil or liquid hazardous material in bulk as cargo or cargo residue, and that-- (1) Is a vessel of the United States; (2) Operates on the navigable waters; or (3) Transfers oil or hazardous material in a place subject to the jurisdiction of the United States. Total Applicable Amount means the amount determined under Sec. 138.80(f)(3). Vessel means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. [CGD 91-005, 59 FR 34227, July 1, 1994, as amended by CGD 91-005, 61 FR 9274, Mar. 7, 1996]