II. Authority. Section 10(d) of the Deepwater Port Act of 1974 (88 Stat. 2138 (33 U.S.C. 1509(d))) and Section 4(c) of the Ports and Waterways Safety Act, as amended, (33 U.S.C. 1223(c)); 49 CFR 1.46.

III. General. Deepwater port safety zones are established to promote safety of life and property, marine environmental protection and navigational safety at any deepwater port and adjacent waters. In a deepwater port safety zone no installations, structures, or uses that are incompatible with port operations are permitted. The configuration of each designated safety zone is depicted on current editions of the navigational charts that cover the deepwater port area.

IV. Modifications. Safety zone and shipping safety fairway boundaries are subject to modification as experience is gained in U.S. deepwater port operations. Modifications will be made only after due notification and consideration of the views of interested persons.

ANNEX A-LOOP, INC. DEEPWATER Port, GULF OF MEXICO

(a) Deepwater Port Safety Zone:

28°50'20"

28°52′21′′

Longitude W.

89°57'47"

89°56'38"

89°52′42′′

89°53'51"

89°57'47"

(d) Shipping Safety Fairway to Safety Zone. The two mile wide areas enclosed by rhumb lines joining points at:

(1) North of Gulf Safety Fairway. Latitude N.

Longitude W.

90°01'30"

(4) To a point

(10) Then an arc with a 4,465 meter radius centered again at the port, PPC,

(Sec. 10(a)(b)(d), 88 Stat. 2137-38 (33 U.S.C. 1509(a)(b)(d)); Sec. 4, 92 Stat. 1473-74 (33 U.S.C. 1223); 49 CFR 1.46)

[CGD 76-096, 45 FR 85649, Dec. 29, 1980]

151.10 151.15

Vessels subject to regulations. Definitions.

Oil Pollution Act of 1924, as amend

151.50 Annex C of the International Convention for the Prevention of the Pollution of the Sea by Oil, 1954, as amended. 151.53 Seagoing tank barge tank arrangement and tank size limitations.

AUTHORITY: Secs. 9-12, 75 Stat. 404, as amended, sec. 6(g)(5), 80 Stat. 941; 33 U.S.C. 1008-1011, 49 U.S.C. 1655(g)(5); Department of Transportation Order 1100.1, Mar. 31, 1967, 49 CFR 1.4(a)(3)(vii), unless otherwise noted.

SOURCE: CGFR 67-67, 32 FR 14390, Oct. 18, 1967, unless otherwise noted.

(a) The purpose of this part is to implement the Oil Pollution Act, 1961, as amended (33 U.S.C. 1001-1015), relating to the Oil Record Book required to be maintained under specified conditions, and the publication of descriptions of prohibited zones, as well as the enforcement of the requirements regarding prevention of pollution of the sea by oil.

(b) The Oil Pollution Act, 1961, as amended (33 U.S.C. 1001-1015), implements the provisions of the International Convention for the Prevention of the Pollution of the Sea by Oil, 1954, as amended. By section 17 of such Act (33 U.S.C. 1015) it is stated that: "Any reference in any other law or rule or regulation prescribed pursuant to law to the 'International Convention for the Prevention of the Pollution of the Sea by Oil, 1954,' shall be deemed to be a reference to that Convention as revised by the 'Amendments of the International Convention for the Prevention of Pollution of the

Sea by Oil, 1954,' which were adopted by a Conference of Contracting Governments convened at London on April 11, 1962." This amended Convention became effective on May 18, 1967.

§ 151.05 Vessels subject to regulations.

(a) Subject to the exceptions provided in paragraph (b) of this section, the regulations in this part apply to any seagoing vessel of any type whatsoever of American registry or nationality, including floating craft, whether self-propelled or towed by another vessel making a sea voyage. This includes a "tanker" which is a type of ship in which the greater part of the cargo space is constructed or adapted for the carriage of liquid cargoes in bulk and which is not, for the time being, carrying a cargo other than oil in that part of its cargo space.

(b) The following categories of vessels are excepted from all provisions of the regulations in this part:

(1) Tankers of under 150 gross tons, and other ships of under 500 gross tons.

(2) Ships for the time being engaged in the whaling industry when actually employed on whaling operations.

(3) Ships for the time being navigating the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of St. Lambert lock at Montreal in the Province of Quebec, Canada.

(4) Naval ships and ships for the time being used as naval auxiliaries.

(c) Foreign vessels to which the convention applies, while in the territorial waters of the United States, may be boarded, examined and required to produce records as provided in section 11, of the Oil Pollution Act of 1961, as amended (33 U.S.C. 1010).

(1) The term "prohibited zones" means the zones described in 33 U.S.C. 1011 and § 151.30.

(2) The term "Secretary" means the Secretary of Transportation or any person to whom he has delegated his authority in the matter concerned.

(b) For convenience the following definitions are copied from 33 U.S.C. 1001:

(1) The term "convention" means the International Convention for the Prevention of the Pollution of the Sea by Oil, 1954, as amended.

(2) 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 the Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958.

(c) The term "Commandant" means Commandant, U.S. Coast Guard, Department of Transportation, Washington, D.C. 20593.

§ 151.15 Oil Pollution Act of 1924, as amended.

(a) Nothing in the regulations of this Part or in the Oil Pollution Act, 1961, as amended (33 U.S.C. 10011015), will be construed to change or modify the provisions of the Oil Pollution Act of 1924, as amended (secs. 1-8, 43 Stat. 605, 606, as amended; 33 U.S.C. 431-437).

§ 151.20 Inspections and enforcement.

(a) The Commandant hereby designates employees of the Corps of Engineers employed on river and harbor works, employees of any Corps of Engineers Harbor Supervisor, employees of the Bureau of Customs, and Commissioned, Warrant and Petty Officers of the U.S. Coast Guard to board vessels, to make inspections and require production of records, as required under the Oil Pollution Act of 1961, as amended (33 U.S.C. 1001-1015), and the regulations of this part.

(b) In enforcing the Oil Pollution Act of 1961, as amended, the officers and agents of the United States, designated in paragraph (a) of this section, shall have the power and authority and it shall be their duty to swear out, process and to arrest and take into custody with or without process any

person who may violate any of said provisions: Provided, That no person shall be arrested without process for a violation not committed in the presence of some one of the aforesaid officials: And provided further, That whenever any arrest is made under the provisions of said section the person so arrested shall be brought forthwith before a commissioner, judge, or court of the United States for examination of the offenses alleged against him; and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in cases of crimes against the United States.

§ 151.25 Boarding foreign vessels.

(a) Representatives of the Secretary of Transportation, the Bureau of Customs, and the U.S. Coast Guard may go on board, examine and require the production of records maintained on any foreign ship to which the convention applies while the ship is within the territorial jurisdiction of the United States as authorized by the Oil Pollution Act of 1961, as amended (33 U.S.C. 1010), and the regulations of this part.

§ 151.30 Prohibited zones.

(a) All sea areas within 50 miles from the nearest land shall be prohibited zones.

(b) The following sea areas, insofar as they extend more than 50 miles from the nearest land, shall also be prohibited zones:

(1) Pacific Ocean-Canadian Western Zone. The Canadian Western Zone shall extend for a distance of 100 miles from the nearest land along the west coast of Canada.

(2) North Atlantic Ocean, North Sea, and Baltic Sea-(i) North-West Atlantic Zone. The North-West Atlantic Zone shall comprise the sea areas within a line drawn from latitude 38°47' N., longitude 73°43′ W., to latitude 39°58′ N., longitude 68°34′ W.; thence to latitude 42°05' N., longitude 64°37′ W.; thence along the east coast of Canada at a distance of 100 miles from the nearest land.

(ii) Icelandic Zone. The Icelandic Zone shall extend for a distance of 100

miles from the nearest land along the coast of Iceland.

(iii) Norwegian, North Sea, and Baltic Sea Zone. The Norwegian, North Sea, and Baltic Sea Zone shall extend for a distance of 100 miles from the nearest land along the coast of Norway, and shall include the whole of the North Sea and of the Baltic Sea and its Gulfs.

(iv) North-East Atlantic Zone. The North-East Atlantic Zone shall include the sea areas within a line drawn between the following positions:

Latitude 62° N. 64° N. 64° N. 60° N. 54°30' N. 53° N. 44°20′ N. 44°20' N. 46° N. Longitude 2° E.; 00°; 10° W.; 14° W.; 30° w.; 40° W.; 40° W.; 30° W.; 20° W.;

thence towards Cape Finisterre at the intersection of the 50-mile limit.

(v) Spanish Zone. The Spanish Zone shall comprise the areas of the Atlantic Ocean within a distance of 100 miles from the nearest land along the coast of Spain.

(vi) Portuguese Zone. The Portuguese Zone shall comprise the area of the Atlantic Ocean within a distance of 100 miles from the nearest land along the coast of Portugal.

(3)

Mediterranean and Adriatic Seas-Mediterranean and Adriatic Zone. The Mediterranean and Adriatic Zone shall comprise the sea areas within a distance of 100 miles from the nearest land bordering the Mediterranean and Adriatic Seas along the coasts of Algeria, Arab Republic of Egypt, France, Greece, Israel, Italy, Lebanon, Libyan Arab Republic, Maltese Islands, Morocco, Spain, and Syria.

(4) Black Sea and Sea of Azov. The Black Sea and Sea of Azov Zone shall comprise the sea areas within a distance of 100 miles from the nearest land bordering the Black Sea and Sea of Azov along the coast of the Union of Soviet Socialist Republics.

(5) Red Sea-Red Sea Zone. The Red Sea Zone shall comprise the sea areas within a distance of 100 miles from the nearest land along the coasts of the United Arab Republic, Saudi Arabia, and Yemen.

(6) Persian Gulf (i) Kuwait Zone. The Kuwait Zone shall comprise the sea area within a distance of 100 miles

from the nearest land along the coast of Kuwait.

(ii) Saudi Arabian Zone. The Saudi Arabian Zone shall comprise the sea area within a distance of 100 miles from the nearest land along the coast of Saudi Arabia.

(7) Arabian Sea, Bay of Bengal, and Indian Ocean-Malagasy Zone. The Malagasy Zone shall comprise the sea area within a distance of 100 miles from the nearest land along the coast of Madagascar west of the meridians of Cape d'Ambre in the north and of Cape Ste. Marie in the south and within a distance of 150 miles from the nearest land along the coast of Madagascar east of these meridians.

(8) Australia-Australian Zone. The Australian Zone shall comprise the sea area within a distance of 150 miles from the nearest land along the coasts of Australia, except off the north and west coasts of the Australian mainland between the point opposite Thursday Island and the point on the west coast at 20° S. latitude.

[CGFR 67-67, 32 FR 14390, Oct. 18, 1967, as amended by CGD 72-82R, 37 FR 16070, May 26, 1972; 37 FR 14302, June 19, 1972]

§ 151.35 Oil Record Book.

(a) An Oil Record Book printed by the U.S. Government is available without charge to the masters or operators of all vessels subject to the Oil Pollution Act of 1961, as amended (33 U.S.C. 1001-1015), through U.S. Coast Guard Marine Inspection Offices.

(b) The ownership of the Oil Record Book shall remain in the U.S. Government.

(c) If an operations listed in this paragraph occurs, the Oil Record Book must be completed in accordance with the requirements contained in paragraph (e) of this section.

(1) The following operation on a tanker must be recorded on a tank-totank basis:

(i) Loading of oil cargo.

(ii) Internal transfer of oil cargo during a voyage.

(iii) Opening or closing before and after loading and unloading operations of valves or similar devices that interconnect cargo tanks.

(iv) Opening or closing of means of communication between cargo piping and seawater ballast piping.

(v) Opening or closing of valves at hose connection points at ends of cargo transfer manifolds before, during, and after loading and unloading operations.

(vi) Unloading of oil cargo.

(vii) Ballasting of cargo tanks. (viii) Cleaning of cargo tanks.

(ix) Discharge of ballast except from segregated ballast tanks.

(x) Discharge of water from slop tanks.

(xi) Disposal of residues.

(xii) Discharge overboard in port or at sea of bilge water accumulated in machinery spaces.

(2) The following operations on a ship other than a tanker must be recorded on a tank-to-tank basis:

(i) Ballasting, or cleaning during voyage, of bunker fuel tanks.

(ii) Disposal of oily residues from bunker fuel tanks or other sources.

(d) On each occasion a descriptive statement shall be entered in the Oil Record Book of the circumstances of, and reasons for:

(1) The discharge of oil or oily mixture from a ship for the purpose of securing the safety of the ship, preventing damage to the ship or cargo, or saving of life at sea; or,

(2) The escape of oil or an oily mixture resulting from

(i) Damage to the ship;

(ii) Unavoidable leakage; or

(iii) Any accident or other exceptional circumstance.

(3) The discharge of residue arising from the purification or clarification of fuel oil or lubricating oil; or,

(4) The discharge of oil or oily mixture from a ship of 20,000 gross tons or over for which the building contract is placed on or after May 18, 1967, including a tanker.

(e) Each entry in the Oil Record Book shall be made and dated on the day when such actions occur. When any action or operation extends over a period of more than one day, the date of entry shall not be later than the date on which the action or operation is completed. Each page of the Book shall be signed by the officer or officers in charge of the operations con

cerned and, when the ship is manned, by the master of the ship.

(f) The master of every vessel required to keep the Oil Record Book shall be responsible for the maintenance of such record and its delivery as required by this section.

(g) Upon completion of a foreign voyage the Oil Record Book shall be delivered to the U.S. Coast Guard Marine Inspection Office in the port where the voyage is terminated.

(h) The Oil Record Book maintained on a vessel when not engaged on a foreign voyage shall be submitted during the months of April and October with entries for the preceding 6 months to the Commander, 3d Coast Guard District (m), New York, if the homeport is located on the east or gulf coast; or to the Commander, 12th Coast Guard District (m), San Francisco, if the homeport of the vessel is located on the west coast.

(R.S. 4417a, (3) and (7), as amended (46 U.S.C. 391a (3) and (7)); 49 CFR 1.46(d)(4) (40 CFR 3906))

[CGFR 67-67, 32 FR 14390, Oct. 18, 1967, as amended by CGD 71-160R, 37 FR 28253, Dec. 21, 1972; CGD 74-32, 40 FR 48283, Oct. 14, 1975]

§ 151.40 Penalties for violations.

(a) The provisions of subsection 9(f) of the Oil Pollution Act of 1961, as amended (33 U.S.C. 1008), read as follows:

If any person fails to comply with the requirements imposed by or under this section, he shall be liable on conviction to a fine not exceeding $1,000 nor less than $500 and if any person makes an entry in any records kept in accordance with this Act or regulations prescribed thereunder by the Secretary which is to his knowledge false or misleading in any material particular, he shall be liable on conviction to a fine not exceeding $1,000 nor less than $500 or impris onment for a term not exceeding 6 months, or both.

INTERPRETATIVE RULES

§ 151.50 Annex C of the International Convention for the Prevention of the Pollution of the Sea by Oil, 1954, as amended.

Section 6 of the Oil Pollution Act, 1961, as amended (33 U.S.C. 1001