§ 130.2 - Definitions.

As used in this part—

(a) Act means the Federal Water Pollution Control Act, as amended (33 U.S.C. 1321).

(b) Applicant means any vessel “operator,” as defined in paragraph (q) of this section, who has applied for a Certificate or for the renewal of a Certificate.

(c) Application means Application for Certificate of Financial Responsibility (Water Pollution), Form CG-5358-8.

(d) Cargo means goods or materials on board a vessel for purposes of transportation, in any quantity, whether in bulk or by lot, and regardless of whether transported under proprietary or nonproprietary shipping documents. Oil carried solely as operating fuel for equipment carrying barges, while on board such barges, is not within this definition.

(e) Certificant means any operator, as defined in paragraph (q) of this section, who has been issued a Certificate.

(f) Certificate means a Certificate of Financial Responsibility (Water Pollution), Form CG-5358-10 issued by the U.S. Coast Guard under this part.

(g) Commandant means the Commandant, U.S. Coast Guard.

(h) Financial responsibility means proof of financial ability to reimburse the United States under the require-ments of section 311(p)(1) of the Act.

(i) Fuel means any oil or hazardous substance used or capable of being used to produce heat or power by burning.

(j) Hazardous substances means any substance or substances designated as such by the Administrator of the Environmental Protection Agency under section 311(b) of the Act. Generally, hazardous substances are those elements and compounds, other than oil, which, when discharged, may present an imminent and substantial danger to the public health or welfare including, but not limited to, fish, shellfish, wildlife, shorelines and beaches.

(k) Inland oil barge means a non-self-propelled vessel over 300 gross tons capable of carrying oil in bulk as cargo and which is certificated by the U.S. Coast Guard to operate only in the inland waters of the United States, while operating in such waters. Regardless of the actual routes traveled by a barge, it is not an “Inland oil barge” unless it possesses Coast Guard certification to that effect.

(l) Inland waters of the United States means those waters of the United States lying inside the baseline from which the territorial sea is measured and those waters outside such baseline which are a part of the Gulf Intracoastal Waterway.

(m) Insurer means one or more acceptable insurance companies, corporations, or associations of underwriters, shipowners protection and indemnity associations, or other persons acceptable to the Coast Guard.

(n) Master Certificate means a Certificate issued to builders, repairers, scrappers, and sellers of vessels under § 130.11.

(o) Navigable waters of the United States means the waters of the United States, including the territorial sea.

(p) Oil means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.

(q)Operator or Vessel operator means any person, including, but not limited to, an owner, a demise charterer or other contractor who conducts or who is responsible for the operation of a vessel. Persons who are responsible for vessels in the capacity of a builder, repairer, scrapper, or seller are included in this definition of operator.

(r) Owner or Vessel owner means any person holding legal or equitable title to a vessel. In a case where a Certificate of Registry or equivalent document has been issued, the owner is the person or persons whose name or names appear thereon as owner: Provided, however, That where a Certificate of Registry has been issued in the name of the president or secretary of an incorporated company under 46 U.S.C. 15, such incorporated company is the owner.

(s) Person includes, but is not limited to, an individual, a government, a firm, a corporation, an association, a partnership, a joint-stock company, a business trust, or an unincorporated organization.

(t) Public vessel means a vessel, not engaged in commerce, the operator of which is the Government of the United States or a State or political subdivision thereof, or the government of a foreign nation.

(u) Remove, removing, or removal means—

(1) The removal of oil or hazardous substances from the water and shorelines;

(2) The taking of such other actions as may be necessary to minimize or mitigate damage to the public health or welfare (including, but not limited to, fish, shellfish, wildlife, and public or private property, shorelines and beaches), resulting from a discharge or substantial threat of a discharge of oil or a hazardous substance; and

(3) The restoration or replacement of natural resources damaged or destroyed as the result of a discharge of oil or a hazardous substance in violation of section 311(b) of the Act.

(v) Underwriter means an insurer, a surety company, a guarantor, or any other person, other than the operator, which undertakes to pay the liability of the operator.

(w) United States means any place under the jurisdiction of the United States, including, but not limited to the States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Trust Territory of the Pacific Islands.

(x) Vessel means every description of watercraft or other artificial contrivance which is used, or capable of being used, as a means of transportation on water, and which is over 300 gross tons. Drilling rigs are included within this definition, except when at a drilling site and in a drilling mode. Public vessels are not included in this definition.