---
kind: "section"
citation: "33 C.F.R. § 151.09"
title: "33"
number: "151.09"
heading: "Applicability."
url: "https://uscodex.org/cfr/33/151.09"
---

# §151.09. Applicability.

- (a) Except as provided in [paragraph (b)](#b) of this section, [§§ 151.09 through 151.25](/cfr/33/151.09..151.25.md) 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)](/cfr/33/2.22.md?p=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](/cfr/33/151.09..151.25.md) 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.**
- (c) [Sections 151.26 through 151.28](/cfr/33/151.26..151.28.md) apply to each United States oceangoing ship specified in [paragraphs (a)(1) through (a)(4)](#a-1..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](/cfr/33/151.26..151.28.md)—
  - (1) **Do not apply to—**
    - (i) The ships specified in [paragraph (b)](#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](/cfr/33/part155.md), subpart [D](/cfr/33/subpartD.md) or [J](/cfr/33/subpartJ.md) requirements.
- (e) [Section 151.26(b)(5)](/cfr/33/151.26.md?p=b-5) applies to all vessels subject to the jurisdiction of the United States and operating in Antarctica.

## Notes

### Amendments

[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]

### Source

Source: Sections 151.09 through 151.25 appear by CGD 75-124a, 48 FR 45709, Oct. 6, 1983, unless otherwise noted.

### Authority

Authority: 33 U.S.C. 1321, 1903, 1908; 46 U.S.C. 6101; Pub. L. 104-227 (110 Stat. 3034); E.O. 12777, 3 CFR, 1991 Comp. p. 351; Department of Homeland Security Delegation No. 170.1.

### Source

Source: CGD 75-124a, 48 FR 45709, Oct. 6, 1983, unless otherwise noted.

### Authority

Authority: 33 U.S.C. 1902, 1903, 1908; 46 U.S.C. 6101; 46 U.S.C. 70034; Pub. L. 104-227, 110 Stat. 3034; sec. 623, Pub. L. 108-293, 118 Stat. 1063; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation No. 00170.1, Revision No. 01.4.

### Amendments

[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]