[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR151.09]

[Page 264-265]
 
                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. 151.09  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 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

[[Page 265]]

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]