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(continued)

(b) An Oil Record Book printed by the U.S. Government is available to the masters or operators of all U.S. ships subject to this section, from any Coast Guard Marine Safety Office, Marine Inspection Office, or Captain of the Port Office.

(c) The ownership of the Oil Record Book of all U.S. ships remains with the U.S. Government.

(d) Entries shall be made in the Oil Record Book on each occasion, on a tank to tank basis if appropriate, whenever any of the following machinery space operations take place on any ship to which this section applies—

(1) Ballasting or cleaning of fuel oil tanks;

(2) Discharge of ballast containing an oily mixture or cleaning water from fuel oil tanks;

(3) Disposal of oil residue; and

(4) Discharge overboard or disposal otherwise of bilge water that has accumulated in machinery spaces.

(e) Entries shall be made in the Oil Record Book on each occasion, on a tank to tank basis if appropriate, whenever any of the following cargo/ballast operations take place on any oil tanker to which this section applies—

(1) Loading of oil cargo;

(2) Internal transfer of oil cargo during voyage;

(3) Unloading of oil cargo;

(4) Ballasting of cargo tanks and dedicated clean ballast tanks;

(5) Cleaning of cargo tanks including crude oil washing;

(6) Discharge of ballast except from segregated ballast tanks;

(7) Discharge of water from slop tanks;

(8) Closing of all applicable valves or similar devices after slop tank discharge operations;

(9) Closing of valves necessary for isolation of dedicated clean ballast tanks from cargo and stripping lines after slop tank discharge operations; and

(10) Disposal of oil residue.

(f) Entries shall be made in the Oil Record Book on each occasion, on a tank-to-tank basis if appropriate, whenever any of the following operations take place on a fixed or floating drilling rig or other platform to which this section applies—

(1) Discharge of ballast or cleaning water from fuel oil tanks; and

(2) Discharge overboard of platform machinery space bilge water.

(g) In the event of an emergency, accidental or other exceptional discharge of oil or oily mixture, a statement shall be made in the Oil Record Book of the circumstances of, and the reasons for, the discharge.

(h) Each operation described in paragraphs (d), (e) and (f) of this section shall be fully recorded without delay in the Oil Record Book so that all the entries in the book appropriate to that operation are completed. Each completed operation shall be signed by the person or persons in charge of the operations concerned and each completed page shall be signed by the master or other person having charge of the ship.

(i) The Oil Record Book shall be kept in such a place as to be readily available for inspection at all reasonable times and shall be kept on board the ship.

(j) The master or other person having charge of a ship required to keep an Oil Record Book shall be responsible for the maintenance of such record.

(k) The Oil Record Book for a U.S. ship shall be maintained on board for not less than three years.

(l) This section does not apply to a barge or a fixed or floating drilling rig or other platform that is not equipped to discharge overboard any oil or oily mixture.

(m) This section does not apply to a fixed or floating drilling rig or other platform that is operating in compliance with a valid National Pollutant Discharge Elimination System (NPDES) permit.

(Approved by the Office of Management and Budget under control number 2115–0025)
[CGD 75–124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977, Dec. 8, 1983, as amended by CGD 88–002A, 55 FR 18582, May 2, 1990; USCG–2000–7641, 66 FR 55571, Nov. 2, 2001]

§ 151.26 Shipboard oil pollution emergency plans.
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(a) Language of the plan. The shipboard oil pollution emergency plan must be available on board in English and in the working language of the master and the officers of the ship, if other than English.

(b) Plan format. The plan must contain the following six sections. A seventh non-mandatory section may be included at the shipowner's discretion:

(1) Introduction. This section must contain the following:

(i) Introductory text. The introductory text of the plan must contain the following language (For ships operating in Antarctica, the introductory text of the plan must contain the following language and explain that they are in accordance with the Protocol on Environmental Protection to the Antarctic Treaty):


This plan is written in accordance with the requirements of Regulation 26 of Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78).

The purpose of the plan is to provide guidance to the master and officers on board the ship with respect to the steps to be taken when a pollution incident has occurred or is likely to occur.

The plan contains all information and operational instructions required by the guidelines (Resolution MEPC.54(32)). The appendices contain names, telephone numbers, telex numbers, etc. of all contacts referenced in the plan, as well as other reference material.

This plan has been approved by the Coast Guard and, except as provided below, no alteration or revision may be made to any part of it without the prior approval of the Coast Guard.

Changes to the seventh section of the plan and the appendices do not require approval by the Coast Guard. The appendices must be maintained up-to-date by the owners, operators, and managers.


(ii) General information.

(A) The ship's name, call sign, official number, International Maritime Organization (IMO) international number, and principal characteristics.

(B) [Reserved]

(2) Preamble. This section must contain an explanation of the purpose and use of the plan and indicate how the shipboard plan relates to other shore-based plans.

(3) Reporting Requirements. This section of the plan must include information relating to the following:

(i) When to report. A report shall be made whenever an incident involves—

(A) A discharge of oil or oily mixture resulting from damage to the ship or its equipment, or for the purpose of securing the safety of a ship or saving life at sea;

(B) A discharge of oil or oily mixture during the operation of the ship in excess of the quantities or instantaneous rate permitted in §151.10 of this subpart or in §157.37 of this subchapter; or

(C) A probable discharge. Factors to be considered in determining whether a discharge is probable include, but are not limited to: ship location and proximity to land or other navigational hazards, weather, tide, current, sea state, and traffic density. The master must make a report in cases of collision, grounding, fire, explosion, structural failure, flooding or cargo shifting, or an incident resulting in failure or breakdown of steering gear, propulsion, electrical generating system, or essential shipborne navigational aids.

(ii) Information required. This section of the plan must include a notification form, such as that depicted in Table 151.26(b)(3)(ii)(A), that contains information to be provided in the initial and follow-up notifications. The initial notification should include as much of the information on the form as possible, and supplemental information, as appropriate. However, the initial notification must not be delayed pending collection of all information. Copies of the form must be placed at the location(s) on the ship from which notification may be made.



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(iii) Whom to contact. (A) This section of the plan must make reference to the appendices listing coastal state contacts, port contacts, and ship interest contacts.

(B) For actual or probable discharges of oil, or oily mixtures the reports must comply with the procedures described in MARPOL Protocol I. The reports shall be directed to either the nearest Captain of the Port (COTP) or to the National Response Center (NRC), toll free number 800–424–8802.

(C) For Antarctica, in addition to compliance with paragraph (b)(3)(iii)(B) of this section, reports shall also be directed to any Antarctic station that may be affected.

(4) Steps to control a discharge. This section of the plan must contain a discussion of procedures to address the following scenarios:

(i) Operational spills: The plan must outline procedures for removal of oil spilled and contained on deck. The plan must also provide guidance to ensure proper disposal of recovered oil and cleanup materials;

(A) Pipe leakage: The plan must provide specific guidance for dealing with pipe leakage;

(B) Tank overflow: The plan must include procedures for dealing with tank overflows. It must provide alternatives such as transferring cargo or bunkers to empty or slack tanks, or readying pumps to transfer the excess ashore;

(C) Hull leakage: The plan must outline procedures for responding to spills due to suspected hull leakage, including guidance on measures to be taken to reduce the head of oil in the tank involved either by internal transfer or discharge ashore. Procedures to handle situations where it is not possible to identify the specific tank from which leakage is occurring must also be provided. Procedures for dealing with suspected hull fractures must be included. These procedures must take into account the effect of corrective actions on hull stress and stability.

(ii) Spills resulting from casualties: Each of the casualties listed below must be treated in the plan as a separate section comprised of various checklists or other means which will ensure that the master considers all appropriate factors when addressing the specific casualty. These checklists must be tailored to the specific ship. In addition to the checklists, specific personnel assignments for anticipated tasks must be identified. Reference to existing fire control plans and muster lists is sufficient to identify personnel responsibilities in the following situations:

(A) Grounding;

(B) Fire or explosion;

(C) Collision;

(D) Hull failure; and

(E) Excessive list.

(iii) In addition to the checklist and personnel duty assignments required by paragraph (b)(4)(ii) of this section, the plan must include—

(A) Priority actions to ensure the safety of personnel and the ship, assess the damage to the ship, and take appropriate further action;

(B) Information for making damage stability and longitudinal strength assessments, or contacting classification societies to acquire such information. Nothing in this section shall be construed as creating a requirement for damage stability plans or calculations beyond those required by law or regulation; and

(C) Lightening procedures to be followed in cases of extensive structural damage. The plan must contain information on procedures to be followed for ship-to-ship transfer of cargo. Reference may be made in the plan to existing company guides. A copy of such company procedures for ship-to-ship transfer operations must be kept in the plan. The plan must address the coordination of this activity with the coastal or port state, as appropriate.

(5) National and Local Coordination. (i) This section of the plan must contain information to assist the master in initiating action by the coastal State, local government, or other involved parties. This information must include guidance to assist the master with organizing a response to the incident should a response not be organized by the shore authorities. Detailed information for specific areas may be included as appendices to the plan.

(ii) For Antarctica, a vessel owner or operator must include a plan for prompt and effective response action to such emergencies as might arise in the performance of its vessel's activities.

(iii) To comply with paragraph (b)(5)(ii) of this section, an agency of the United States government may promulgate a directive providing for prompt and effective response by the agency's public vessels operating in Antarctica.

(6) Appendices. Appendices must include the following information:

(i) Twenty-four hour contact information and alternates to the designated contacts. These details must be routinely updated to account for personnel changes and changes in telephone, telex, and telefacsimile numbers. Clear guidance must also be provided regarding the preferred means of communication.

(ii) The following lists, each identified as a separate appendix:

(A) A list of agencies or officials of coastal state administrations responsible for receiving and processing incident reports;

(B) A list of agencies or officials in regularly visited ports. When this is not feasible, the master must obtain details concerning local reporting procedures upon arrival in port; and

(C) A list of all parties with a financial interest in the ship such as ship and cargo owners, insurers, and salvage interests.

(D) A list which specifies who will be responsible for informing the parties listed and the priority in which they must be notified.

(iii) A record of annual reviews and changes.

(7) Non-mandatory provisions. If this section is included by the shipowner, it should include the following types of information or any other information that may be appropriate:

(i) Diagrams;

(ii) Response equipment or oil spill removal organizations;

(iii) Public affairs practices;

(iv) Recordkeeping;

(v) Plan exercising; and

(vi) Individuals qualified to respond.

(8) Index of sections. The plan must be organized as depicted in Table 151.26(b)(8).

Table 151.26(b)(8)—Index of Sections—Sample Format

Mandatory

Section 1: Introduction

Section 2: Preamble

Section 3: Reporting requirements

Section 4: Steps to control a discharge

Section 5: National and local coordination

Section 6: Appendices

Voluntary

Section 7: Non-mandatory provisions

[CGD 93–030, 59 FR 51338, Oct. 7, 1994, as amended by CGD 97–015, 62 FR 18045, Apr. 14, 1997; USCG–2000–7641, 66 FR 55571, Nov. 2, 2001]

§ 151.27 Plan submission and approval.
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(a) No manned ship subject to this part may operate unless it carries on board a shipboard oil pollution emergency plan approved by the Coast Guard. An unmanned ship subject to this regulation must carry the notification list required in §151.26(b)(3) on board in the documentation container; remaining sections of the plan must be maintained on file at the home office. For new ships, plans must be submitted at least 90 days before the ship intends to begin operations.

(b) An owner or operator of a ship to which this part applies shall prepare and submit one English language copy of the shipboard oil pollution emergency plan to Commandant (G-MOR), U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20593–0001.

(c) An owner or operator with multiple ships to which this part applies may submit one plan for each type of ship with a separate ship-specific appendix for each vessel covered by the plan.

(d) Combined shipboard oil pollution emergency plans and response plans meeting the requirements of subparts D and E of part 155 of this chapter must be prepared according to §155.1030(j) of this chapter.

(e) If the Coast Guard determines that the plan meets all requirements of this section, the Coast Guard will notify the owner or operator of the ship and return a copy of the approved plan along with an approval letter. The approval period for a plan expires 5 years after the plan approval date.

(f) If the Coast Guard determines that the plan does not meet all of the requirements, the Coast Guard will notify the owner or operator of the plan's deficiencies. The owner or operator must then resubmit two copies of the revised plan, or corrected portions of the plan, within time period specified in the written notice provided by the Coast Guard.

[CGD 93–030, 59 FR 51342, Oct. 7, 1994, as amended by CGD 96–026, 61 FR 33665, June 28, 1996; USCG–1998–3799, 63 FR 35530, June 30, 1998]

§ 151.28 Plan review and revision.
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(a) An owner or operator of a ship to which this subpart applies must review the shipboard oil pollution emergency plan annually and submit a letter to Commandant (G-MOR) certifying that the review has been completed. This review must occur within 1 month of the anniversary date of Coast Guard approval of the plan.

(b) The owner or operator shall submit any plan amendments to Commandant (G-MOR) for information or approval.

(c) The entire plan must be resubmitted to Commandant (G-MOR) for reapproval 6 months before the end of the Coast Guard approval period identified in §151.27(e) of this subpart.

(d) A record of annual review and changes to the plan must be maintained in the last appendix of section six of the plan.

(e) Except as provided in paragraph (f) of this section, revisions must receive prior approval by the Coast Guard before they can be incorporated into the plan.

(f) Revisions to the seventh section of the plan and the appendices do not require approval by the Coast Guard. The Coast Guard shall be advised and provided a copy of the revisions as they occur.

[CGD 93–030, 59 FR 51342, Oct. 7, 1994, as amended by CGD 96–026, 61 FR 33665, June 28, 1996]

§ 151.29 Foreign ships.
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(a) Each oil tanker of 150 gross tons and above and each other ship of 400 gross tons and above, operated under the authority of a country other than the United States that is party to MARPOL 73/78, shall, while in the navigable waters of the United States or while at a port or terminal under the jurisdiction of the United States, carry on board a shipboard oil pollution emergency plan approved by its flag state.

(b) Each oil tanker of 150 gross tons and above and each other ship of 400 gross tons and above, operated under the authority of a country that is not a party to MARPOL 73/78, must comply with §151.21 of this subpart while in the navigable waters of the United States.

[CGD 93–030, 59 FR 51342, Oct. 7, 1994]

Noxious Liquid Substance Pollution
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Source: Sections 151.30 through 151.49 appear by CGD 85–010, 52 FR 7759, Mar. 12, 1987, unless otherwise noted.

§ 151.30 Applicability.
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(a) Except as provided in paragraph (b) of this section, §§151.30 through 151.49 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 §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 151.30 through 151.49 do not apply to—

(1) A tank barge whose certificate is endorsed by the Coast Guard for a limited short protected coastwise route if the barge is constructed and certificated primarily for service on an inland route;

(2) A warship, naval auxiliary, or other ship owned or operated by a country when engaged in noncommercial service;

(3) A Canadian or U.S. ship being operated exclusively on the Great Lakes of North America or their connecting and tributary waters;

(4) A Canadian or U.S. ship being operated exclusively on the internal waters of the United States and Canada; or

(5) Any other ship specifically excluded by MARPOL 73/78.

Note: The term “internal waters” is defined in §2.05–20 of this chapter.

[CGD 88–002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88–002A, 55 FR 18582, May 2, 1990]

§ 151.31 Where to find requirements applying to oceangoing ships carrying Category A, B, C, and D NLS.
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(a) The requirements for oceangoing ships carrying NLSs listed in §§151.47 and 151.49 are in §§151.33 through 151.45.

(b) The requirements for oceangoing ships carrying NLSs listed in Table 151.05 of 46 CFR part 151 and Table 1 of 46 CFR part 153, which are not listed in §151.47 or §151.49, are in 46 CFR parts 98, 151, and 153.

(c) Alternatives to the requirements in this part for oceangoing ships carrying NLSs are in 46 CFR part 153.

(d) Procedures for obtaining permission to carry an NLS not listed in §151.47, §151.49, Table 151.05 of 46 CFR part 151, or Table 1 of 46 CFR part 153 are in 46 CFR 153.900(c).

§ 151.32 Special areas for the purpose of Annex II.
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(a) For the purposes of §§151.30 through 151.49, the special areas are the Baltic Sea area, the Black Sea area, and the Antarctic area which are described in §151.06. Discharges into the sea of NLSs or mixtures containing such substances are prohibited in the Antarctic area.

(b) In accordance with paragraph (13)(a) of Regulation 5 of Annex II of MARPOL 73/78, the discharge restrictions in §151.32 for the Baltic Sea area and the Black Sea area will enter into effect when each Party to MARPOL 73/78 whose coastline borders the special area has certified that reception facilities are available and the IMO has established an effective date for each special area. Notice of the effective date for discharge requirements in these areas will be published in the Federal Register and reflected in this section.

[CGD 94–056, 60 FR 43378, Aug. 21, 1995]

§ 151.33 Certificates needed to carry Category C Oil-like NLS.
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(a) A U.S. oceangoing ship may not carry a Category C oil-like NLS listed in §151.49 in a cargo tank unless the ship has a Certificate of Inspection endorsed to allow the NLS to be carried in that cargo tank, and if the ship engages in a foreign voyage—

(1) An Attachment for NLSs to the IOPP Certificate, issued under §151.37(a), that allows the NLS to be carried in that cargo tank; or

(2) A Certificate of Fitness issued under 46 CFR part 153 that allows the NLS to be carried in that cargo tank.

(b) A foreign oceangoing ship operating in the navigable waters of the U.S. may not carry a Category C oil-like NLS listed in §151.49 in a cargo tank unless the ship has—

(1) An Attachment for NLSs to the IOPP Certificate that allows the NLS to be carried in that cargo tank; or

(2) A Certificate of Compliance issued under 46 CFR Part 153 to allow the NLS to be carried in that cargo tank.

(c) A U.S. oceangoing ship authorized to carry certain dangerous cargoes in bulk under 46 CFR Part 98 may not carry a Category C oil-like NLS listed in §151.49 in a cargo tank unless the ship has a Certificate of Inspection endorsed to allow the NLS to be carried in that cargo tank, and if the ship engages in a foreign voyage, an NLS Certificate issued under §151.37(b) that allows the NLS to be carried in that cargo tank.

§ 151.35 Certificates needed to carry Category D NLS and Category D Oil-like NLS.
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(a) A U.S. oceangoing ship may not carry a Category D NLS listed in §151.47 in a cargo tank unless the ship has a Certificate of Inspection endorsed to allow the NLS to be carried in that cargo tank, and if the ship engages if a foreign voyage—

(1) An NLS Certificate issued under §151.37(b) to allow the NLS to be carried in that cargo tank; or

(2) A Certificate of Fitness issued under 46 CFR part 153 to allow the NLS to be carried in that cargo tank.

(b) A U.S. oceangoing ship may not carry a Category D oil-like NLS listed in §151.49 in a cargo tank unless the ship has a Certificate of Inspection endorsed to allow the NLS to be carried in that cargo tank, and if the ship engages if a foreign voyage—

(1) An Attachment for NLSs to the IOPP Certificate, issued under §151.37(a), to allow the NLS to be carried in that cargo tank; or

(2) An NLS Certificate issued under §151.37(b) to allow the NLS to be carried in that cargo tank, or

(3) A Certificate of Fitness issued under 46 CFR part 153 to allow the NLS to be carried in that cargo tank.

(c) A foreign oceangoing ship in the navigable waters of the U.S. may not carry a Category D NLS listed in §151.47 in a cargo tank unless the ship has one of the following:

(1) An NLS Certificate endorsed to allow the NLS to be carried in that cargo tank; or

(2) A Certificate of Compliance issued under 46 CFR part 153 to allow the NLS to be carried in that cargo tank.

(d) A foreign oceangoing ship in the navigable waters of the U.S. may not carry a Category D oil-like NLS listed in §151.49 in a cargo tank unless the ship has one of the following:

(1) An Attachment for NLSs to the IOPP Certificate to allow the NLS to be carried in that cargo tank; or

(2) An NLS Certificate endorsed to allow the NLS to be carried in the cargo tank; or

(3) A Certificate of Compliance issued under 46 CFR part 153 to allow the NLS to be carried in the cargo tank.

(e) A U.S. oceangoing ship authorized to carry certain dangerous cargoes in bulk under 46 CFR part 98 may not carry a Category D NLS listed in §151.47 or a Category D oil-like NLS listed in §151.49 in a cargo tank unless the ship has a Certificate of Inspection endorsed to allow the NLS to be carried in that cargo tank, and if the ship engages in a foreign voyage, an NLS Certificate issued under §151.37(b) that allows the NLS to be carried in that cargo tank.

§ 151.37 Obtaining an Attachment for NLSs to the IOPP Certificate and obtaining an NLS Certificate.
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(a) The Coast Guard or a classification society authorized under 46 CFR part 8 issues an Attachment for NLSs to the IOPP Certificate to an oceangoing ship to allow the carriage of a Category C oil-like NLS or a Category D oil-like NLS if the following requirements are met:

(1) Except for ships that are not configured and are not equipped to ballast or wash cargo tanks while proceeding en route, the ship must have a Coast Guard approved monitor under §157.12 that is approved for the cargoes that are desired to be carried.

(2) Except as required by paragraph (a)(3), ships of 150 meters or less in length carrying a Category C oil-like NLS must meet the damage stability requirements applying to a Type III hull as provided by Regulation 14 (c) of Annex II.

(3) A U.S. self propelled ship of 150 meters or less in length on a coastwise voyage carrying a Category C oil-like NLS must meet the damage stability requirements applying to a Type III hull as provided by 46 CFR part 172, subpart F except §§172.130 and 172.133.

(b) Except as allowed in paragraph (c) of this section, the Coast Guard or a classification society authorized under 46 CFR part 8 issues an NLS Certificate endorsed to allow the oceangoing ship engaged in a foreign voyage to carry a Category D NLS listed in §151.47 if the ship has—

(1) An approved Procedures and Arrangements Manual and Cargo Record Book, both meeting the requirements in 46 CFR 153.490; and

(2) A residue discharge system meeting 46 CFR 153.470, unless the approved Procedures and Arrangements Manual limits discharge of Category D NLS residue to the alternative provided by 46 CFR 153.1128(b).

(c) The Coast Guard or a classification society authorized under 46 CFR part 8 issues a NLS Certificate with the statement that the vessel is prohibited from discharging NLS residues to the sea if the vessel does not meet 46 CFR 153.470 and 153.490 but meets 46 CFR subpart 98.31.

[CGD 75–124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 95–010, 62 FR 67532, Dec. 24, 1997]

§ 151.39 Operating requirements: Category D NLS.
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The master or person in charge of an oceangoing ship that carries a Category D NLS listed in §151.47 shall ensure that the ship is operated as prescribed for the operation of oceangoing ships carrying Category D NLSs in 46 CFR 153.901, 153.906, 153.909, 153.1100, 153.1104, 153.1106, 153.1124, 153.1126, and 153.1128.

§ 151.41 Operating requirements for oceangoing ships with IOPP Certificates: Category C and D Oil-like NLSs.
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The master or person in charge of an oceangoing ship certificated under §151.37(a) shall ensure that—

(a) The carriage and discharge of the oil-like NLS meets §§157.29, 157.31, 157.35, 157.37, 157.41, 157.45, 157.47, and 157.49 of this chapter; and

(b) The oil-like NLS is not discharged unless—

(1) The monitor required by §151.37(a)(1) is set to detect the oil-like NLS; and

(2) A statement that the monitor has been set to detect the oil-like NLS is entered in the Oil Record Book Part II(Cargo/Ballast Operations), required by §151.25.

§ 151.43 Control of discharge of NLS residues.
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(a) Unless the ship is a fixed or floating drilling rig or other platform operating under an National Pollution Discharge Elimination System (NPDES) permit, the master or person in charge of an oceangoing ship that cannot discharge NLS residue into the sea in accordance with 46 CFR 153.1126 or 153.1128 shall ensure that the NLS residue is—

(1) Retained on board; or

(2) Discharged to a reception facility.

(b) If Category A, B, or C NLS cargo or NLS residue is to be transfered at a port or terminal in the United States, the master or person in charge of each oceangoing ship carrying NLS cargo or NLS residue shall notify the port or terminal at least 24 hours before entering the port or terminal of—

(1) The name of the ship;

(2) The name, category and volume of NLS cargo to be unloaded;

(3) If the cargo is a Category B or C high viscosity NLS cargo or solidifying NLS cargo listed in Table 1 of 46 CFR Part 153 with a reference to “§153.908(a)” or “§153.908(b)” in the “Special Requirements” column of that table, the time of day the ship is estimated to be ready to discharge NLS residue to a reception facility;

(4) If the cargo is any Category B or C NLS cargo not under paragraph (b)(3) of this section, whether or not the ship meets the stripping requirements under 46 CFR 153.480, 153.481, or 153.482;

(5) The name and the estimated volume of NLS in the NLS residue to be discharged;

(6) The total volume of NLS residue to be discharged; and

(7) The name and amount of any cleaning agents to be used during the prewash required by 46 CFR 153.1120.

(c) The master or person in charge of a U.S. ship in a special area shall operate the ship in accordance with 46 CFR 153.903.

Note: The master or person in charge of a ship carrying Category A NLS that is required to prewash tanks under the procedures in 46 CFR Part 153.1120 is required under 46 CFR 153.1101 to notify the COTP at least 24 hours before a prewash surveyor is needed.

§ 151.47 Category D NLSs other than oil-like Category D NLSs that may be carried under this part.
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The following is a list of Category D NLSs other than Oil-like Category D NLSs that the Coast Guard allows to be carried:


Acetophenone

Acrylonitrile-Styrene copolymer dispersion in Polyether polyol

iso- & cyclo-Alkane (C10–C11)

Alkenyl(C11+)amine

Alkyl(C8+)amine, Alkenyl (C12+) acid ester mixture

Alkyl dithiothiadiazole (C6–C24)

Alkyl ester copolymer (C4–C20)

Alkyl(C8–C40) phenol sulfide

Aluminum sulfate solution

Ammonium hydrogen phosphate solution

Ammonium nitrate solution (45% or less)

Ammonium nitrate, Urea solution (2% or less NH3)

Ammonium phosphate, Urea solution

Ammonium polyphosphate solution

Ammonium sulfate solution (20% or less)

Amyl alcohol (iso-, n-, sec-, primary)

Animal and Fish oils, n.o.s. (see also Oil, edible)

Animal and Fish acid oils and distillates, n.o.s.

Aryl polyolefin (C11–C50)

Brake fluid base mixtures

Butylene glycol

iso-Butyl formate

n-Butyl formate

gamma-Butyrolactone

Calcium hydroxide slurry

Calcium long chain alkyl sulfonate (C11–C50)

Calcium long chain alkyl(C11–C40) phenate

Calcium long chain alkyl phenate sulfide (C8-C40)

Caprolactam solutions

Chlorine chloride solution

Citric acid (70% or less)

Coconut oil fatty acid methyl ester

Copper salt of long chain (C17+) alkanoic acid

Cyclohexanol

Decahydronaphthalene

Diacetone alcohol

Dialkyl(C8–C9) diphenylamines

Dialkyl(C7–C13) phthalates

Diethylene glycol

Diethylene glycol butyl ether acetate, see Poly(2-8) alkylene glycol monoalkyl(C1–C6) ether acetate

Diethylene glycol dibutyl ether

Diethylene glycol ethyl ether, see Poly(2–8)alkylene glycol monoalkyl(C1–C6) ether

Diethylene glycol ethyl ether acetate, see Poly(2–8)alkylene glycol monoalkyl(C1–C6) ether acetate

Diethylene glycol methyl ether acetate, see Poly(2–8)alkylene glycol monoalkyl(C1–C6) ether acetate

Diethylene glycol phenyl ether

Diethylene glycol phthalate

Di-(2-ethylhexyl)adipate

1,4-Dihydro-9,10-dihydroxy anthracene, disodium salt solution

Diisobutyl ketone

Diisodecyl phthalate, see Dialkyl(C7–C13) phthalates

Diisononyl adipate

Diisononyl phthalate, see Dialkyl(C7–C13) phthalates

2,2-Dimethylpropane-1,3-diol

Dinonyl phthalate, see Dialkyl(C7–C13) phthalates

Dipropylene glycol dibenzoate

Dipropylene glycol methyl ether, see Poly(2–8)alkylene glycol monoalkyl(C1-C6) ether

Ditridecyl phthalate, see Dialkyl(C7–C13) phthalates

Diundecyl phthalate, see Dialkyl(C7–C13) phthalates

Dodecenylsuccinic acid, dipotassium salt solution

Ethoxylated long chain (C16+) alkyloxyalkanamine

Ethoxy triglycol (crude)

2-Ethyl-2-(hydroxymethyl)propane-1,3-diol, C8–C10 ester

Ethyl acetate

Ethyl acetoacetate

Ethyl butanol

Ethylenediaminetetraacetic acid, tetrasodium salt solution

Ethylene glycol

Ethylene glycol acetate

Ethylene glycol dibutyl ether

Ethylene glycol methyl butyl ether

Ethylene glycol phenyl ether

Ethylene glycol phenyl ether, Diethylene glycol phenyl ether mixture

2-Ethylhexanoic acid, see Octanoic acid

Ethyl propionate

Ferric hydroxyethylethylene diamine triacetic acid, trisodium salt solution

Formamide

Glycerine (83%), Dioxanedimethanol (17%) mixture

Glycerol monooleate

Glyoxal solution (40% or less)

Glyphosate solution (not containing surfactant)

Heptanoic acid

Hexamethylenediamine adipate

Hexamethylenetetramine solutions

Hexanoic acid

Hexanol

N–(Hydroxyethyl)ethylenediamine triacetic acid, trisodium salt solution

Isophorone

Lactic acid

Latex (ammonia (1% or less) inhibited)

Long chain alkaryl sulfonic acid (C16–C60)

Magnesium long chain alkaryl sulfonate (C11–C50)

Magnesium long chain alkyl phenate sulfide (C8–C20)

3-Methoxybutyl acetate

Methyl acetoacetate

Methyl alcohol

Methyl amyl ketone

Methyl butenol

Methyl butyl ketone

Methyl isobutyl ketone

Methyl tert-butyl ether

Methyl butynol

Methyl propyl ketone

N-Methyl-2-pyrrolidone

Myrcene

Naphthalene sulfonic acid-formaldehyde copolymer, sodium salt solution

Nonanoic acid (all isomers)

Nonanoic, Tridecanoic acid mixture

Nonyl methacrylate

Noxious Liquid Substance, (17) n.o.s.

Octadecenoamide solution

Octanoic acid

Oil, edible:

Babassu

Beechnut

Castor

Cocoa butter

Coconut

Cod liver

Corn

Cottonseed

Fish

Groundnut

Hazelnut

Nutmeg butter

Olive

Palm

Palm kernel

Peanut

Poppy

Raisin seed

Rapeseed

Rice bran

Safflower

Salad

Sesame

Soya bean

Sunflower seed

Tucum

Vegetable

Walnut

Oil, misc:

Animal, n.o.s.

Coconut oil, esterified

Coconut oil, fatty acid methyl ester

Lanolin

Linseed

Neatsfoot

Oiticica

Palm oil, fatty acid methyl ester

Palm oil, methyl ester

Perilla

Pilchard

Soya bean (epoxidized)

Sperm

Tung

Whale

Olefin/Alkyl ester copolymer (molecular weight 2000+)

Oleic acid

Palm kernel acid oil, methyl ester

Palm stearin

Pentaethylenehexamine

Pentanoic acid

Poly(2–8)alkylene glycol monoalkyl(C1-C6) ether, Including:

Diethylene glycol butyl ether

Diethylene glycol ethyl ether

Diethylene glycol n-hexyl ether

Diethylene glycol methyl ether

Diethylene glycol n-propyl ether

Dipropylene glycol butyl ether

Dipropylene glycol methyl ether

Polypropylene glycol methyl ether

Triethylene glycol butyl ether

Triethylene glycol ethyl ether

Triethylene glycol methyl ether

Tripropylene glycol methyl ether

Poly(2–8)alkylene glycol monoalkyl(C1–C6) ether acetate, Including:

Diethylene glycol butyl ether acetate

Diethylene glycol ethyl ether acetate

Diethylene glycol methyl ether acetate

Polyalkylene glycols, Polyalkylene glycol monoalkyl ethers mixtures

Polypropylene glycol methyl ether, see Poly(2–8)alkylene glycol monoalkyl(C1–C6) ether

Polyalkyl(C10–C20) methacrylate

Polybutenyl succinimide

Polyether (molecular weight 2000+)

Polyethylene glycol monoalkyl ether

Polyolefin amide alkeneamine (C17+)

Polyolefin amide alkeneamine (C28+)

Polyolefin amide alkeneamine borate (C28–C250)

Polyolefin amide alkeneamine polyol

Polyolefin anhydride

Polyolefin ester (C28–C250)

Polyolefin phenolic amine (C28–C250)

Polyolefin phosphorosulfide, barium derivative

Polypropylene glycol

n-Propyl acetate

Propylene glycol monoalkyl ether, Including:

n-Propoxypropanol

Propylene glycol n-butyl ether

Propylene glycol ethyl ether

Propylene glycol methyl ether

Propylene glycol ethyl ether, see Propylene glycol monoalkyl ether

Propylene glycol methyl ether, see Propylene glycol monoalkyl ether

Propylene glycol methyl ether acetate

Propylene glycol phenyl ether

Sodium acetate solution

Sodium benzoate solution

Sodium carbonate solution

Soybean oil (epoxidized)

Sulfohydrocarbon (C3–C88)

Sulfonated polyacrylate solution

Sulfolane

Sulfurized fat (C14–C20)

Sulfurized polyolefinamide alkene(C28–C250)amine

Tallow

Tallow fatty acid

Tetrasodium salt of Ethylenediaminetetraacetic acid solution

Triethylene glycol butyl ether, see Poly(2–8)alkylene glycol monoalkyl(C1–C6) ether

Triethylene glycol ethyl ether, see Poly(2–8)alkylene glycol monoalkyl(C1–C6) ether

Triethylene glycol methyl ether, see Poly(2–8)alkylene glycol monoalkyl(C1–C6) ether

Triethyl phosphate

Trimethylol propane polyethoxylate

Tripropylene glycol methyl ether, see Poly(2–8)alkylene glycol monoalkyl(C1–C6) ether

Trisodium salt of N-(Hydroxyethyl)-ethylenediamine triacetic acid solution

Urea, Ammonium mono- and di-hydrogen phosphate, Potassium chloride solution

Urea, Ammonium nitrate solution (2% or less NH3)

Urea, Ammonium phosphate solution

Vegetable oils, n.o.s. (see also Oil, edible)

Vegetable acid oils and distillates, n.o.s.

Waxes:

Candelilla

Carnauba


[CGD 85–010, 52 FR 7759, Mar. 12, 1987, as amended by CGD 88–100a, 54 FR 40000, Sept. 29, 1989; 55 FR 17269, Apr. 24, 1990; CGD 92–100a, 59 FR 16986, Apr. 11, 1994; CGD 94–901, 59 FR 45147, Aug. 31, 1994; CGD 95–901, 60 FR 34039, June 29, 1995; USCG 2000–7079, 65 FR 67155, Nov. 8, 2000]

§ 151.49 Category C and D Oil-like NLSs allowed for carriage.
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The following is a list of Category C and D Oil-like NLSs that the Coast Guard allows to be carried:

(a) The following Category C oil-like NLSs may be carried:


Aviation alkylates

Cycloheptane

Cyclohexane

Cyclopentane

p-Cymene

Ethylcyclohexane

Heptane (all isomers)

Heptene (all isomers)

Hexane (all isomers)

Hexene (all isomers)

Isopropylcyclohexane

iso-Propylcyclohexane

Methyl cyclohexane

2-Methyl-1-pentene, see Hexene (all isomers)

Nonane (all isomers)

Octane (all isomers)

Olefin mixtures (C5–C7)

Pentane (all isomers)

Pentene (all isomers)

1-Phenyl-1-xylylethane

Propylene dimer

Tetrahydronaphthalene

Toluene

Xylenes


(b) [Reserved]

[CGD 85–010, 52 FR 7759, Mar. 12, 1987, as amended by CGD 88–100a, 54 FR 40001, Sept. 29, 1989; 55 FR 17269, Apr. 24, 1990; CGD 92–100a, 59 FR 16987, Apr. 11, 1994; CGD 94–901, 59 FR 45148, Aug. 31, 1994; CGD 95–901, 60 FR 34039, June 29, 1995; USCG 2000–7079, 65 FR 67157, Nov. 8, 2000]

Garbage Pollution and Sewage
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Source: Sections 151.51 through 151.77 and Appendix A appear by CGD 88–002, 54 FR 18405, Apr. 28, 1989, unless otherwise noted.

§ 151.51 Applicability.
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(a) Except as provided by paragraph (b) of this section, §§151.51 through 151.77 apply to—

(1) Each ship that is of United States registry or nationality, or one operated under the authority of the United States, including recreational vessels defined in 46 U.S.C. 2101(25) and uninspected vessels defined in 46 U.S.C. 2101(43), wherever located; and

(2) Each ship, other than a ship referred to in paragraph (a)(1) of this section, while in the navigable waters or the Exclusive Economic Zone of the United States.

(b) Sections 151.51 through 151.77 do not apply to—

(1) A warship, naval auxiliary, or other ship owned or operated by the United States when engaged in noncommercial service; or

(2) Any other ship specifically excluded by MARPOL 73/78.

Note: The Exclusive Economic Zone extends from the baseline of the territorial sea seaward 200 miles as defined in the Presidential Proclamation 5030 of March 10, 1983 (3 CFR, 1983 Comp. p. 22).

[CGD 88–002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88–002A, 55 FR 18582, May 2, 1990]

§ 151.53 Special areas for Annex V of MARPOL 73/78.
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(a) For the purposes of §§151.51 through 151.77, the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the Gulf areas, the North Sea area, the Antarctic area, and the Wider Caribbean region, including the Gulf of Mexico and the Caribbean Sea which are described in §151.06. The discharge restrictions are effective in the Baltic Sea, the North Sea, and the Antarctic area.

(b) In accordance with paragraph (4)(b) of Regulation 5 of Annex V of MARPOL 73/78, the discharge restrictions in §151.71 for special areas will enter into effect when each party to MARPOL 73/78 whose coastline borders the special area has certified that reception facilities are available and the IMO has established an effective date for each special area. Notice of the effective dates for the discharge requirements in each special area will be published in the Federal Register and reflected in this section.

[CGD 94–056, 60 FR 43378, Aug. 21, 1995]

§ 151.55 Recordkeeping requirements.
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(a) This section applies to the following:

(1) Every manned oceangoing ship (other than a fixed or floating platform) of 400 gross tons and above that is engaged in commerce and that is documented under the laws of the United States or numbered by a State.

(2) Every manned fixed or floating platform subject to the jurisdiction of the United States.

(3) Every manned ship that is certified to carry 15 passengers or more engaged in international voyages.

(b) The master or person in charge of each ship under paragraph (a)(1), (a)(2), or (a)(3) of this section shall ensure that a written record is maintained on the ship of each of the following garbage discharge or disposal operations:

(1) Discharge overboard.

(2) Discharge to another ship.

(3) Discharge to a reception facility.

(4) Incineration on the ship.

(c) The record under paragraph (b) of this section must contain the following information on each discharge or disposal operation:

(1) The type of operation as described under paragraphs (b)(1) through (b)(4) of this section.

(2) The date and time of the operation.

(3) If the operation was conducted at a port, the name of the port.

(4) If the operation was not conducted at a port, the latitude and longitude of the location where the operation was conducted and the estimated distance of that location from shore. If the operation involved off-loading to another ship, the identity of the receiving ship by name and official number.

(5) The amount of garbage involved, described by volume in cubic meters.

(6) For discharges into the sea, a description of the contents of the garbage, described by the following categories:

(i) Plastic material.

(ii) Floating dunnage, lining, or packing material.

(iii) Ground paper products, rags, glass, metal, bottles, crockery, or other similar garbage.

(iv) Unground paper products, rags, glass, metal, bottles, crockery, or other similar garbage.

(v) Victual wastes.

(vi) Incinerated ash.

(vii) Incinerated plastic residue.

(d) The record under paragraph (b) of this section must be prepared at the time of the operation, certified as correct by the master or person in charge of the ship, maintained on the ship for two years following the operation, and made available for inspection by the Coast Guard.

[CGD 92–71, 59 FR 18703, Apr. 19, 1994, as amended by USCG–2000–7641, 66 FR 55571, Nov. 2, 2001]

§ 151.57 Waste management plans.
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(a) This section applies to the following:

(1) Each manned oceangoing ship (other than a fixed or floating platform) of 40 feet or more in length that is documented under the laws of the United States or numbered by a state and that either is engaged in commerce or is equipped with a galley and berthing.

(2) Each manned fixed or floating platform that is—

(i) Documented under the laws of the United States; or

(ii) Operating under the authority of the United States, including, but not limited to, a lease or permit issued by an agency of the United States.

(b) The master or person in charge of a ship under paragraphs (a)(1) and (a)(2) of this section shall ensure that the ship is not operated unless a waste management plan meeting paragraph (c) of this section is on the ship and that each person handling garbage follows the plan.

(c) Each waste management plan under paragraph (b) of this section must be in writing and—

(1) Provide for the discharge of garbage by means that meet Annex V of MARPOL 73/78, the Act, and §§151.51 through 151.77;

(2) Describe procedures for collecting, processing, storing, and discharging garbage; and

(3) Designate the person who is in charge of carrying out the plan.

(Approved by the Office of Management and Budget under control number 2115–0120)
[CGD 88–002A, 55 FR 18582, May 2, 1990]

§ 151.59 Placards.
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(a) This section applies to the following:

(1) Each manned U.S. ship (other than a fixed or floating platform) that is 26 feet or more in length.

(2) Each manned floating platform in transit that is—

(i) Documented under the laws of the United States; or

(ii) Operating under the authority of the United States, including, but not limited to, a lease or permit issued by an agency of the United States.

(b) The master or person in charge of each ship under paragraph (a)(1) or (a)(2) of this section shall ensure that one or more placards meeting the requirements of this section are displayed in prominent locations and in sufficient numbers so that they can be read by the crew and passengers. These locations must be readily accessible to the intended reader and may include embarkation points, food service facilities, garbage handling spaces, and common spaces on deck. If the Captain of the Port determines that the number or location of the placards is insufficient to adequately inform crew and passengers, the Captain of the Port may require additional placards and may specify their locations.

(c) Each placard must be at least nine inches wide by four inches high, made of a durable material, and lettered with letters at least 1/8 inch high.

(d) Except as under paragraph (e) of this section, the placard must notify the reader of the following:

(1) The discharge of plastic or garbage mixed with plastic into any waters is prohibited.

(2) The discharge of all garbage is prohibited in the navigable waters of the United States and, in all other waters, within three nautical miles of the nearest land.

(3) The discharge of dunnage, lining, and packing materials that float is prohibited within 25 nautical miles of the nearest land.

(4) Other unground garbage may be discharged beyond 12 nautical miles from the nearest land.

(5) Other garbage ground to less than one inch may be discharged beyond three nautical miles of the nearest land.

(6) A person who violates the above requirements is liable for a civil penalty for each violation, and the criminal penalties of a class D felony. Placards installed on vessels before May 7, 1997, need not be replaced; and existing stocks of placards, containing previous language, may be used. When language on a placard is inconsistent with the language in the Code of Federal Regulations (CFR) due to use of a placard containing previous language penalty amounts contained in the CFR are controlling.

(7) Regional, State, and local restrictions on garbage discharges also may apply.

(e) For ships while operating on the Great Lakes or their connecting or tributary waters, the placard must—

(1) Notify the reader of the information in paragraph (d) of this section; or

(2) Notify the reader of the following:

(i) The discharge of all garbage into the Great Lakes or their connecting or tributary waters is prohibited.

(ii) A person who violates the above requirements is liable for a civil penalty for each violation, and the criminal penalties of a class D felony. Placards installed on vessels before May 7, 1997, need not be replaced; and existing stocks of placards, containing previous language, may be used. When language on a placard is inconsistent with the language in the Code of Federal Regulations (CFR) due to use of a placard containing previous language, penalty amounts contained in the CFR are controlling.

[CGD 88–002A, 56 FR 8880, Mar. 1, 1991, as amended by CGD 96–052, 62 FR 16703, Apr. 8, 1997; 62 FR 31340, June 9, 1997]

§ 151.61 Inspection for compliance and enforcement.
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While within the navigable waters of the United States or the Exclusive Economic Zone, a ship is subject to inspection by the Coast Guard or other authorized federal agency to determine if—

(a)The ship has been operating in accordance with these regulations and has not discharged plastics or other garbage in violation of the provisions of the Act or Annex V of MARPOL 73/78; (continued)