33 CFR 151.09: Applicability of pollution prevention rules to ships
Last reviewed: October 14, 2026
This section says which ships must follow §§ 151.09 through 151.25 and which are excluded. It also sets out which U.S. oceangoing ships are covered by §§ 151.26 through 151.28 and when those requirements do not apply or are considered met.
Applies toShips operated under the authority of the United States or of another country, as described in paragraph (a), with listed exclusions in paragraph (b).
What it says
Sections 151.09 through 151.25 apply to a ship operated under the authority of the United States that engages in international voyages, subject to the exceptions in paragraph (b).
33 CFR 151.09(a)(1)“Is operated under the authority of the United States and engages in international voyages;”
Sections 151.09 through 151.25 apply to a ship operated under the authority of a country other than the United States while it is in the navigable waters of the United States or at a port or terminal under United States jurisdiction.
33 CFR 151.09(a)(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.”
Sections 151.09 through 151.25 do not apply to a warship, naval auxiliary, or other ship owned or operated by a country when engaged in noncommercial service.
33 CFR 151.09(b)(1)“A warship, naval auxiliary, or other ship owned or operated by a country when engaged in noncommercial service;”
Sections 151.09 through 151.25 do not apply to a Canadian or U.S. ship operated exclusively on the Great Lakes of North America or their connecting and tributary waters.
33 CFR 151.09(b)(2)“A Canadian or U.S. ship being operated exclusively on the Great Lakes of North America or their connecting and tributary waters;”
Sections 151.26 through 151.28 apply to each United States oceangoing ship specified in paragraphs (a)(1) through (a)(4) that is an oil tanker of 150 gross tons and above or another ship of 400 gross tons and above.
33 CFR 151.09(c)(1)“An oil tanker of 150 gross tons and above or other ship of 400 gross tons and above; or”
The requirements of §§ 151.26 through 151.28 are considered 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.
33 CFR 151.09(d)(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.”
Section 151.26(b)(5) applies to all vessels subject to the jurisdiction of the United States and operating in Antarctica.
33 CFR 151.09(e)“Section 151.26(b)(5) applies to all vessels subject to the jurisdiction of the United States and operating in Antarctica.”
Common questions
Do the pollution prevention rules apply to foreign ships in U.S. waters?
Yes. Sections 151.09 through 151.25 apply to a ship operated under another country's authority while it is in the navigable waters of the United States or at a port or terminal under U.S. jurisdiction, unless paragraph (b) excludes it.
“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.”
Are ships on the Great Lakes exempt from 33 CFR 151.09 through 151.25?
A Canadian or U.S. ship operated exclusively on the Great Lakes of North America or their connecting and tributary waters is not covered by these sections.
“A Canadian or U.S. ship being operated exclusively on the Great Lakes of North America or their connecting and tributary waters;”
Which ships are not covered by 151.26 through 151.28?
These requirements do not apply to the ships specified in paragraph (b). They also do not apply to any barge or other ship built or operated so that no oil in any form can be carried aboard.
“Any barge or other ship, which is constructed or operated in such a manner that no oil in any form can be carried aboard.”
Does 151.26(b)(5) apply in Antarctica?
Yes. Section 151.26(b)(5) applies to all vessels subject to the jurisdiction of the United States and operating in Antarctica.
“Section 151.26(b)(5) applies to all vessels subject to the jurisdiction of the United States and operating in Antarctica.”
The text of 33 CFR 151.09
Electronic Code of Federal Regulations (eCFR), current as of April 16, 2026 · Read it on eCFR
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.
Sections it refers to
The plain-English explanation on this page was written with AI from the regulation text above and checked automatically before publishing: every quote appears in the text, every number comes from it, and a second model confirmed each statement adds nothing the text doesn't say. Regulation text current as of April 16, 2026. The regulation text governs. RegKnot is not affiliated with the U.S. Coast Guard.