# 33 CFR § 138.50: How to apply vessel gross tonnages

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-33-138.50

## Section

- **Citation:** 33 CFR § 138.50
- **Heading:** How to apply vessel gross tonnages
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 33—Navigation and Navigable Waters > CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY > SUBCHAPTER M—MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION > PART 138—EVIDENCE OF FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS) AND OPA 90 LIMITS OF LIABILITY (VESSELS, DEEPWATER PORTS AND ONSHORE FACILITIES) > Subpart A—Evidence of Financial Responsibility for Water Pollution (Vessels)

## Text

(a) Purpose. This section sets forth the methods for applying vessel gross tonnage to—
(1) Determine whether a vessel exceeds the 100 or 300 gross ton threshold under § 138.20 and OPA 90, CERCLA, or both;
(2) Calculate the OPA 90 and CERCLA applicable amounts of financial responsibility required, as provided in § 138.100; and
(3) Determine the OPA 90 limit of liability under subpart B of this part in the event of an oil pollution incident, and the CERCLA limit of liability under 42 U.S.C. 9607 in the event of a hazardous substance release.
(b) Both GT ITC and GRT assigned. For a vessel assigned both gross tonnage ITC (GT ITC) and gross register tonnage (GRT) under 46 CFR part 69, apply the tonnage thresholds in § 138.20 using the assigned GRT tonnage, and determine the applicable amounts of financial responsibility and the limits of liability using the assigned GT ITC tonnage.
(c) GT ITC or GRT assigned. For a vessel assigned only a GT ITC or a GRT tonnage under 46 CFR part 69, apply the tonnage thresholds in § 138.20, and determine the applicable amounts of evidence of financial responsibility and the limits of liability using the assigned GT ITC or GRT tonnage.
(d) High or low GRT assigned. For a vessel assigned a high and low GRT tonnage under 46 CFR part 69, subpart D (Dual Regulatory Measurement System), apply the tonnage thresholds in § 138.20, and determine the applicable amounts of financial responsibility and the limits of liability, using the high GRT tonnage.
(e) Summary. The use of assigned gross tonnages, as required by paragraphs (b) through (d) of this section, is summarized in the following table.
Table 1 to § 138.50(e)—Use of Assigned Gross Tonnages
Category
Assigned tonnage
To apply the tonnage
thresholds in § 138.20
To determine applicable amounts under § 138.100 and limits of liability
Vessels Assigned Both GT ITC and GRT
GRT
GT ITC.
Vessels Assigned—
GT ITC only
GT ITC
GT ITC.
GRT only
GRT
GRT.
(f) Certified gross tonnage governs. In the event of an incident or release, the responsible parties and guarantors are governed by the vessel's assigned gross tonnage on the date of the incident. This is as determined under paragraphs (b) through (e) of this section and evidenced on the appropriate tonnage certifying document as provided for under the U.S. tonnage regulations or international conventions (for example, tonnage certificate or completed Simplified measurement application, International Tonnage Certificate (1969)), regardless of what gross tonnage is specified in the Application or guaranty form submitted under this subpart, except when the responsible parties or guarantors knew or should have known that the tonnage certificate information was incorrect (see also § 138.110(h)(1)(iii)).
(g) Requirement to present tonnage certifying document(s). Each COFR Operator must submit to the Director, or other authorized United States Government official, upon request, for examination and copying, the original or an unaltered and legible electronic copy of the vessel's applicable tonnage certifying document(s).

## Nearby sections

- [33 CFR § 138.10 § 138.10 Scope and purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.10.md)
- [33 CFR § 138.20 § 138.20 Applicability.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.20.md)
- [33 CFR § 138.30 § 138.30 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.30.md)
- [33 CFR § 138.40 § 138.40 General requirements.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.40.md)
- [33 CFR § 138.50 § 138.50 How to apply vessel gross tonnages.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.50.md)
- [33 CFR § 138.60 § 138.60 Forms and submissions; ensuring submission timeliness.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.60.md)
- [33 CFR § 138.70 § 138.70 Issuance and renewal of COFRs.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.70.md)
- [33 CFR § 138.80 § 138.80 Applying for COFRs.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.80.md)
- [33 CFR § 138.90 § 138.90 Renewing COFRs.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.90.md)
- [33 CFR § 138.100 § 138.100 How to calculate a total applicable amount.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.100.md)
- [33 CFR § 138.110 § 138.110 How to establish and maintain evidence of financial responsibility.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.110.md)
- [33 CFR § 138.120 § 138.120 Fees.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.120.md)
- [33 CFR § 138.130 § 138.130 Agents for Service of process.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.130.md)
- [33 CFR § 138.140 § 138.140 Application withdrawals, COFR denials and revocations.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.140.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-33-138.50. Check the current official text before relying on it. Not legal advice.