33 CFR 151.09 - Applicability
| Cite as | 33 CFR 151.09 |
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11 practice notes
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Nontank Vessel Response Plans and Other Response Plan Requirements
...Guard included a ``combined plan'' provision in the proposed rule, in the applicability section of our SOPEP regulations located in 33 CFR 151.09(d)(2). The amended applicability states that if a U.S.-flag nontank vessel holds a Coast Guard-approved NTVRP and provides evidence of compliance......
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Part III
...constitute compliance for a U.S. flag nontank vessel required to submit a Shipboard Oil Pollution Emergency Plan (SOPEP) pursuant to 33 CFR 151.09(c) Regulation 37 of Annex I of MARPOL 73/78 as long as the additional requirements listed in Sec. 155.5035(k) are met. A U.S. flagged nontank ve......
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Pollution:
Marine casualties; reporting requirements,
...or in U.S. internal waters? We consider the answer to be ``yes'' in both cases, provided the vessel is not specifically exempted by 33 CFR 151.09(b). Highways: Two commenters compared the regulation of marine commerce with highway regulations, saying it seems odd that the ``most environment......
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U.S. v. Royal Caribbean Cruises, Ltd., No. 98-0103-CR.
...the Act to Prevent Pollution from Ships ("APPS"), codified at 33 U.S.C. § 1901 et seq, and the implementing regulations thereof, see 33 C.F.R. §§ 151.09(a)(5), 151.25, preclude prosecution under § 1001. Third, the Defendant contends that the principles of lenity, under which any ambiguities......
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9 cases
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United States v. Empire Bulkers Ltd., CRIMINAL ACTION NO: 21-126
...they are "in the navigable waters of the United States, or while at a port or terminal under the jurisdiction of the United States." 33 C.F.R. § 151.09(a)(5) ; see also 33 U.S.C. § 1902(a)(2).The Ports and Waterways Safety Act of 1972 ("PWSA"), 46 U.S.C. § 70001 et seq., was originally enac......
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U.S. v. Royal Caribbean Cruises, Ltd., No. 98-0103-CR.
...the Act to Prevent Pollution from Ships ("APPS"), codified at 33 U.S.C. § 1901 et seq, and the implementing regulations thereof, see 33 C.F.R. §§ 151.09(a)(5), 151.25, preclude prosecution under § 1001. Third, the Defendant contends that the principles of lenity, under which any ambiguities......
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U.S. v. Jho, No. 06-41749.
..."while in the navigable waters of the United States, or while at a port or terminal under the jurisdiction of the United States." 33 C.F.R. § 151.09(a)(5); see also 33 U.S.C. § 1902(a) (limiting application of the APPS to foreign-flagged vessels while they are in the "navigable waters of th......
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United States v. Sanford Ltd., Criminal Case No. 11–352 (BAH).
...regulations apply only to foreign-flagged vessels “while in the navigable waters of the United States.” 33 U.S.C. § 1902(a)(2); see33 C.F.R. § 151.09(a) (Coast Guard regulations under APPS “apply to each ship that ... [i]s operated under the authority of a country other than the United Stat......
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1 firm's commentaries
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U.S. Court Strikes Down MARPOL And UNCLOS Defenses In OSG Prosecution
...or tacitly permitted by the local sovereign." Interestingly, the Court also stated that the limitations imposed by § 1902 of APPS and 33 C.F.R. § 151.09 tracked "the general principles of the law of the [doctrine]." Based on previous case law, the Court found that the oil record book offens......