[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR4.03-65]

[Page 44]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 4_MARINE CASUALTIES AND INVESTIGATIONS--Table of Contents
 
                        Subpart 4.03_Definitions
 
Sec. 4.03-65  Significant harm to the environment.

    Significant harm to the environment means--
    (a) In the navigable waters of the United States, a discharge of oil 
as set forth in 40 CFR 110.3 or a discharge of hazardous substances in 
quantities equal to or exceeding, in any 24-hour period, the reportable 
quantity determined in 40 CFR part 117;
    (b) In other waters subject to the jurisdiction of the United 
States, including the EEZ--
    (1) A discharge of oil in excess of the quantities or instantaneous 
rate permitted in 33 CFR 151.10 or 151.13 during operation of the ship; 
or
    (2) A discharge of noxious liquid substances in bulk in violation of 
Sec. Sec. 153.1126 or 153.1128 of this chapter during the operation of 
the ship; and
    (c) In waters subject to the jurisdiction of the United States, 
including the EEZ, a probable discharge of oil, hazardous substances, 
marine pollutants, or noxious liquid substances. The factors you must 
consider to determine whether a discharge is probable include, but are 
not limited to--
    (1) Ship location and proximity to land or other navigational 
hazards;
    (2) Weather;
    (3) Tide current;
    (4) Sea state;
    (5) Traffic density;
    (6) The nature of damage to the vessel; and
    (7) Failure or breakdown aboard the vessel, its machinery, or 
equipment.

[USCG-2000-6927, 70 FR 74676, Dec. 16, 2005]