---
kind: "section"
citation: "33 C.F.R. § 138.20"
title: "33"
number: "138.20"
heading: "Applicability."
url: "https://uscodex.org/cfr/33/138.20"
---

# §138.20. Applicability.

- (a) **Applicability generally.** This subpart applies—
  - (1) **To the COFR Operator of—**
    - (i) Any vessel over 300 gross tons (except a vessel listed in paragraph [(d)(1)](#d-1) or [(2)](#d-2) of this section) using the navigable waters of the United States, or any port or other place subject to the jurisdiction of the United States, including any such vessel using a deepwater port or other offshore facility subject to the jurisdiction of the United States;
    - (ii) Any vessel of any size (except a vessel listed in paragraph [(d)(1)](#d-1) or [(3)](#d-3) of this section) using the waters of the Exclusive Economic Zone to transship or lighter oil (whether delivering or receiving) destined for a place subject to the jurisdiction of the United States; and
    - (iii) Any tank vessel over 100 gross tons (except a vessel listed in paragraph [(d)(1)](#d-1) or [(3)](#d-3) of this section) using the navigable waters of the United States, or any port or other place subject to the jurisdiction of the United States, including any such tank vessel using a deepwater port or other offshore facility subject to the jurisdiction of the United States;
  - (2) To a guarantor providing evidence of financial responsibility under this subpart on behalf of one or more of a vessel's responsible parties;
  - (3) To responsible parties other than the COFR Operator designated to represent the responsible parties for purposes of this subpart; and
  - (4) To any person serving as a U.S. agent for service of process under this subpart.
- (b) **How to apply this part to mobile offshore drilling units.** For the purposes of applying the evidence of financial responsibility required under OPA 90 and this subpart and the limits of liability set forth in [subpart B](/cfr/33/subpartB.md) of this part, and in addition to any OPA 90 offshore facility evidence of financial responsibility requirements that may apply under [30 CFR part 553](/cfr/30/part553.md), a mobile offshore drilling unit is treated as—
  - (1) A tank vessel when it is being used as an offshore facility; and
  - (2) **A vessel other than a tank vessel when it is not being used as an offshore facility.**
- (c) **How to apply CERCLA evidence of financial responsibility to self-propelled vessels.** For the purposes of applying the evidence of financial responsibility required under CERCLA and for vessels identified in [paragraph (a)(1)(i)](#a-1-i) of this section, this subpart applies to a self-propelled vessel over 300 gross tons even if it does not carry hazardous substances.
- (d) **Exceptions.**
  - (1) **This subpart does not apply to public vessels.**
  - (2) [Paragraph (a)(1)(i)](#a-1-i) of this section does not apply to any non-self-propelled barge that does not carry oil as cargo or fuel and does not carry hazardous substances as cargo.
  - (3) **Paragraphs (a)(1)(ii) and (iii) of this section do not apply to—** any offshore supply vessel; any fishing vessel or fish tender vessel of 750 gross tons or less that transfers fuel without charge to a fishing vessel owned by the same person; any towing or pushing vessel (tug) simply because it has in its custody a tank barge; or any tank vessel that only carries, or is adapted to carry, non-liquid hazardous material in bulk as cargo or cargo residue.

## Notes

### Source

Source: 86 FR 68139, Dec. 1, 2021, unless otherwise noted.

### Authority

Authority: 6 U.S.C. 552(d); 33 U.S.C. 2704, 2716, 2716a; 42 U.S.C. 9608, 9609; E.O. 12580, Sec. 7(b), 3 CFR, 1987 Comp., p. 193; E.O. 12777, Secs. 4 and 5, 3 CFR, 1991 Comp., p. 351, as amended by E.O. 13286, Sec. 89, 3 CFR, 2004 Comp., p. 166, and by E.O. 13638, Sec. 1, 3 CFR, 2014 Comp., p.227; Department of Homeland Security Delegation Nos. 00170.1, Revision 01.2 and 5110, Revision 01. Section 138.40 also issued under the authority of 46 U.S.C. 2103 and 14302.

### Source

Source: USCG-2005-21780, 73 FR 53697, Sept. 17, 2008, unless otherwise noted.