1625-0072 Stat/Authority

Coast Guard, DOT

§ 151.05

half of the fine may be paid to the person giving information leading to conviction.
(d) A ship operated in violation of
MARPOL 73/78, the Act, or the regulations of this subpart is liable in rem for
any civil penalty covered by paragraph
(a) or (b) of this section, or any fine
covered by paragraph (c) of this section, and may be proceeded against in
the United States District Court of any
district in which the ship may be
found.
[CGD 88–002, 54 FR 18403, Apr. 28, 1989, as
amended by CGD 88–002A, 55 FR 18582, May 2,
1990; CGD 92–007, 57 FR 33261, July 27, 1992;
CGD 96–052, 62 FR 16703, Apr. 8, 1997; USCG–
1999–5832, 64 FR 34714, June 29, 1999]

§ 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.
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.
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

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§ 151.05

33 CFR Ch. I (7–1–01 Edition)

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 oper-

ating, 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
thereto.
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 11°00′ South, longitude 142°08′ East
to a point in—latitude 10°35′ South, longitude
141°55′ East, thence to a point—latitude 10°00′
South, longitude 142°00′ East, thence to a
point—latitude 9°10′ South, longitude 143°52′
East, thence to a point—latitude 9°00′ South,
longitude 144°30′ East, thence to a point—
latitude 13°00′ South, longitude 144°00′ East,
thence to a point—latitude 15°00′ South, longitude 146°00′ East, thence to a point—latitude 18°00′ South, longitude 147°00′ East,
thence to a point—latitude 21°00′ South, longitude 153°00′ East, thence to a point on the
coast of Australia in latitude 24°42′ South,
longitude 153°15′ 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;

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Coast Guard, DOT

§ 151.05

(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 §§ 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 § 151.47 or
§ 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 § 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 in any form including crude oil, fuel oil, sludge, oil
refuse, and refined products. ‘‘Oil’’ does
not include animal or vegetable based
oil nor does it include noxious liquid
substances designated under Annex II
of MARPOL 73/78.

Oil–like NLS means each cargo listed
in § 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,
cargo residues, and ashes and clinkers
from shipboard incinerators and coal
burning boilers
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—

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§ 151.05

33 CFR Ch. I (7–1–01 Edition)

(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, aircushion 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
of §§ 151.26 through 151.28 of this subpart for United States ships or maintained according to the provisions of
§ 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 § 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]

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