[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: 33CFR160.204]

[Page 554-555]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 160--PORTS AND WATERWAYS SAFETY--GENERAL--Table of Contents
 
 Subpart C--Notification of Arrival, Hazardous Conditions, and Certain 
                            Dangerous Cargos
 
Sec. 160.204  Definitions.

    As used in this subpart:
    Agent means any person, partnership, firm, company or corporation 
engaged by the owner or charterer of a vessel to act in their behalf in 
matters concerning the vessel.
    Barge means a non-self propelled vessel engaged in commerce.
    Carried in bulk means a commodity that is loaded or carried on board 
a vessel without containers or labels and received and handled without 
mark or count.
    Certain dangerous cargo (CDC) includes any of the following:
    (1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.
    (2) Division 1.5D blasting agents for which a permit is required 
under 49 CFR 176.415 or, for which a permit is required as a condition 
of a Research and Special Programs Administration exemption.
    (3) Division 2.3 ``poisonous gas'', as listed in 49 CFR 172.101 that 
is also a ``material poisonous by inhalation'' as defined in 49 CFR 
171.8, and that is in a quantity in excess of 1 metric ton per vessel.
    (4) Division 5.1 oxidizing materials for which a permit is required 
under 49 CFR 176.415 or for which a permit is required as a condition of 
a Research and Special Programs Administration exemption.
    (5) A liquid material that has a primary or subsidiary 
classification of Division 6.1 ``poisonous material'' as listed in 49 
CFR 172.101 that is also a ``material poisonous by inhalation,'' as 
defined in 49 CFR 171.8 and that is in a bulk packaging, or that is in a 
quantity in excess of 20 metric tons per vessel when not in a bulk 
packaging.
    (6) Class 7, ``highway route controlled quantity'' radioactive 
material or ``fissile material, controlled shipment,'' as defined in 49 
CFR 173.403.
    (7) Bulk liquefied chlorine gas and Bulk liquefied gas cargo that is 
flammable and/or toxic and carried under 46 CFR 154.7.
    (8) The following bulk liquids:
    (i) Acetone cyanohydrin,
    (ii) Allyl alcohol,
    (iii) Chlorosulfonic acid,
    (iv) Crotonaldehyde,
    (v) Ethylene chlorohydrin,
    (vi) Ethylene dibromide,
    (vii) Methacrylonitrile, and
    (viii) Oleum (fuming sulfuric acid).
    Charterer means the person or organization that contracts for the 
majority of the carrying capacity of a ship for the transportation of 
cargo to a stated

[[Page 555]]

port for a specified period. This includes ``time charterers'' and 
``voyage charterers.''
    Crewmember means all persons carried on board the vessel to provide 
navigation and maintenance of the vessel, its machinery, systems, and 
arrangements essential for propulsion and safe navigation or to provide 
services for other persons on board.
    Great Lakes means Lakes Superior, Michigan, Huron, Erie, and 
Ontario, their connecting and tributary waters, the Saint Lawrence River 
as far as Saint Regis, and adjacent port areas.
    Gross tons means the tonnage determined by the tonnage authorities 
of a vessel's flag state in accordance with the national tonnage rules 
in force before the entry into force of the International Convention on 
Tonnage Measurement of Ships, 1969 (``Convention''). For a vessel 
measured only under Annex I of the Convention, gross tons means that 
tonnage. For a vessel measured under both systems, the higher gross 
tonnage is the tonnage used for the purposes of the 300-gross-ton 
threshold.
    Hazardous condition means any condition that may adversely affect 
the safety of any vessel, bridge, structure, or shore area or the 
environmental quality of any port, harbor, or navigable waterway of the 
United States. It may, but need not, involve collision, allision, fire, 
explosion, grounding, leaking, damage, injury or illness of a person 
aboard, or manning-shortage.
    Nationality means the state (nation) in which a person is a citizen 
or to which a person owes permanent allegiance.
    Operator means any person including, but not limited to, an owner, a 
charterer, or another contractor who conducts, or is responsible for, 
the operation of a vessel.
    Persons in addition to crewmembers mean any person onboard the 
vessel, including passengers, who are not included on the list of 
crewmembers.
    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 in which a 
vessel is bound to anchor or moor.
    Public vessel means a vessel that is owned or demise-(bareboat) 
chartered by the government of the United States, by a State or local 
government, or by the government of a foreign country and that is not 
engaged in commercial service.
    Time charterer means the party who hires a vessel for a specific 
amount of time. The owner and his crew manage the vessel, but the 
charterer selects the ports of destination.
    Voyage charterer means the party who hires a vessel for a single 
voyage. The owner and his crew manage the vessel, but the charterer 
selects the ports of destination.