§ 155.1015 Applicability.

(a) Except as provided in paragraph (c) of this section, this subpart applies to each vessel that is constructed or adapted to carry, or that carries, oil in bulk as cargo or oil cargo residue, and that— (1) Is a vessel of the United States; (2) Operates on the navigable waters of the United States; or (3) Transfers oil in a port or place subject to the jurisdiction of the United States. (b) This subpart also applies to vessels which engage in oil lightering operations in the marine environment beyond the baseline from which the territorial sea is measured, when the cargo lightered is destined for a port or place subject to the jurisdiction of the United States. (c) This subpart does not apply to the following types of vessels: (1) Public vessels and vessels deemed public vessels under 14 U.S.C. 3908. (2) Vessels that, although constructed or adapted to carry oil in bulk as cargo or oil cargo residue, are not storing or carrying oil in bulk as cargo or oil cargo residue. (3) Dedicated response vessels when conducting response operations. (4) Vessels of opportunity when conducting response operations in a response area. (5) Offshore supply vessels as defined in 46 U.S.C. 2101. (6) Fishing or fishing tender vessels as defined in 46 U.S.C. 2101 of not more than 750 gross tons when engaged only in the fishing industry. (7) Foreign-flag vessels engaged in innocent passage through the territorial sea or transit passage through a strait used for international navigation, unless bound for or departing from a port or place of the United States. (8) Vessels carrying oil as a secondary cargo and measuring 400 gross tons or greater. (d) Vessels covered by this subpart that are not operating within the navigable waters or the exclusive economic zone of the United States must meet all requirements of this subpart except for— (1) Identifying and ensuring, through contract or other approved means, the availability of response resources including the shore-based spill management team; (2) Providing the geographic-specific appendices required in § 155.1035, 155.1040, or 155.1045, as appropriate; and (3) Identifying and designating a qualified individual and alternate qualified individual required in § 155.1026. Response plan requirements for nontank vessels are found in subpart J of this part.