C.F.R. » Title 46 » CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER O—CERTAIN BULK DANGEROUS CARGOES › PART 153—SHIPS CARRYING BULK LIQUID, LIQUEFIED GAS, OR COMPRESSED GAS HAZARDOUS MATERIALS › Subpart A—General

46 C.F.R. § 153.15

Conditions under which the Coast Guard issues a Certificate of Inspection or Certificate of Compliance

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(a) The Coast Guard issues the endorsed Certificate of Inspection required under § 153.900 for a United States ship to carry a hazardous material or NLS listed in Table 1 if—

(1) The person wishing the Certificate of Inspection applies following the procedures under § 153.8; and

(2) The ship meets the design and equipment requirements of this part and—

(i) Subchapter D of this chapter if the hazardous material or NLS is flammable or combustible; or

(ii) Either Subchapter D or I of this chapter, at the option of the ship owner, if the hazardous material or NLS is non-flammable or non-combustible.

(b) The Coast Guard issues the endorsed Certificate of Compliance required under § 153.900 for a foreign ship to carry a hazardous material or NLS listed in Table 1 if—

(1) The person wishing the Certificate of Compliance follows the procedures under § 153.9;

(2) The ship has an IMO Certificate issued by its Administration and endorsed with the name of the hazardous material or NLS if the ship's Administration is signatory to MARPOL 73/78;

(3) The ship meets the requirements of this part applying to United States ships and § 30.01-5(e) of this chapter if the ship's Administration is not signatory to MARPOL 73/78; and

(4) The ship meets any additional design and equipment requirements specified by the Commandant (CG-ENG).

[CGD 81-101, 52 FR 7780, Mar. 12, 1987]
Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: Wilmina Shipping as v. United States Dep't of Homeland Sec., 75 F. Supp. 3d 163 (D.D.C. 2014).
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Wilmina Shipping as v. United States Dep't of Homeland Sec., 75 F. Supp. 3d 163 (D.D.C. 2014). “46 C.F.R. § 153.15 (b). Section 153.9, referenced above, sets forth the procedures for applying for a COC and lists the documents a foreign flag vessel from a MAR-POL signatory country — like the Wilmi-na — must present to apply for a COC and indicates where the application must…”
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