Section 151.09 - Applicability(a) Except as provided in paragraph (b) of this section, §§ 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 § 2.22(a)(2) 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 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. Note to § 151.09(b) : The term "internal waters" is defined in § 2.24 of this chapter.
(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) The requirements of §§ 151.26 through 151.28 -(1) Do not apply to- (i) The ships specified in paragraph (b) of this section; and(ii) Any barge or other ship, which is constructed or operated in such a manner that no oil in any form can be carried aboard.(2) Are considered to be met if a U.S.-flag vessel holds a USCG-approved vessel response plan and provides evidence of compliance with 33 CFR part 155, subpart D or J requirements.(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; USCG-2006-25150, 71 FR 39209 , July 12, 2006; USCG-2007-27887, 72 FR 45904 , Aug. 16, 2007; USCG-2008-0179, 73 FR 35013 , June 19, 2008; USCG-2008-1070, 78 FR 60120 , Sept. 30, 2013