[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: 33CFR151.05]
[Page 245-249]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
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
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 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.
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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 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 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 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 the north
eastern coast of Australia shall mean from a line drawn from a point on
the coast of Australia in--
latitude 1100[min] South, longitude 14208[min] East to a point
in--latitude 1035[min] South, longitude
[[Page 247]]
14155[min] East, thence to a point--latitude 1000[min] South,
longitude 14200[min] East, thence to a point--latitude
910[min] South, longitude 14352[min] East, thence to a point--
latitude 900[min] South, longitude 14430[min] East, thence to
a point--latitude 1300[min] South, longitude 14400[min] East,
thence to a point--latitude 1500[min] South, longitude
14600[min] East, thence to a point--latitude 1800[min] South,
longitude 14700[min] East, thence to a point--latitude
2100[min] South, longitude 15300[min] East, thence to a point
on the coast of Australia in latitude 2442[min] South, longitude
15315[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;
(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.
[[Page 248]]
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-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
[[Page 249]]
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 C but less than 15 C and a temperature,
measured under the procedure in 46 CFR 153.908(d), that is less than 5
C above its melting point at the time it is unloaded; or
(2) 15 C or greater and a temperature, measured under the
procedure in 46 CFR 153.908(d), that is less than 10 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]