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§ 155.1015
(4) Tank cleaning openings; and
(5) Any other tank vessel openings
that maintain the seaworthy condition
of the tank vessel and prevent the inadvertent release of oil or hazardous
material in the event of a tank vessel
accident.
(b) No person may open any of the
closure mechanisms in paragraph (a) of
this section while the tank vessel is
underway or at anchor except when authorized and supervised by a licensed
officer or the tankerman required by 46
CFR 31.15–5(a).
[CGD 75–124, 45 FR 7175, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36255, Sept. 4,
1990]
§ 155.820 Records.
The vessel operator shall keep a written record available for inspection by
the COTP or OCMI of:
(a) The name of each person currently designated as a person in charge
of transfer operations.
(b) The date and result of the most
recent test and inspection of each item
tested or inspected as required by
§ 156.170 of this chapter;
(c) The hose information required by
§ 154.500(e) and (g) of this chapter unless
that information is marked on the
hose; and
(d) The Declaration of Inspection as
required by § 156.150(f) of this chapter.
[CGD 75–124, 45 FR 7175, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36255, Sept. 4,
1990]
Subpart D—Response Plans
SOURCE: CGD 91–034, 61 FR 1081, Jan. 12,
1996, unless otherwise noted.
§ 155.1010 Purpose.
The purpose of this subpart is to establish requirements for oil spill response plans for certain vessels. The
planning criteria in this subpart are intended for use in response plan development and the identification of resources necessary to respond to the oil
spill scenarios prescribed during the
planning process. The development of a
response plan prepares the vessel owner
or operator and the vessel’s crew to respond to an oil spill. The specific criteria for response resources and their
arrival times are not performance
standards. They are planning criteria
based on a set of assumptions that may
not exist during an actual oil spill incident.
§ 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 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. 827.
(2) Vessels that, although constructed or adapted to carry oil in bulk
as cargo or cargo residue, are not storing or carrying oil in bulk as cargo or
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.
(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
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§ 155.1020
33 CFR Ch. I (7–1–01 Edition)
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.
§ 155.1020 Definitions.
Except as otherwise defined in this
section, the definitions in § 155.110
apply to this subpart and subparts F
and G of this part. For the purposes of
this subpart only, the term:
Adverse weather means the weather
conditions that will be considered when
identifying response systems and
equipment in a response plan for the
applicable operating environment. Factors to consider include, but are not
limited to, significant wave height, ice,
temperature,
weather-related
visibility, and currents within the Captain
of the Port (COTP) zone in which the
systems or equipment are intended to
function.
Animal fat means a non-petroleum
oil, fat, or grease derived from animals
and not specifically identified elsewhere in this part.
Average most probable discharge means
a discharge of the lesser of 50 barrels of
oil or 1 percent of the cargo from the
vessel during cargo oil transfer operations to or from the vessel.
Bulk means any volume of oil carried
in an integral tank of the vessel and oil
transferred to or from a marine portable tank or independent tank while on
board a vessel.
Captain of the Port (COTP) Zone
means a zone specified in 33 CFR part
3 and, for coastal ports, the seaward extension of that zone to the outer
boundary of the exclusive economic
zone (EEZ).
Cargo means oil that is transported
to and off-loaded at a destination by a
vessel. It does not include—
(1) Oil carried in integral tanks, marine portable tanks, or independent
tanks for use by machinery, helicopters, and boats carried aboard the
vessel, or for use by helicopters that
are directly supporting the vessel’s primary operations; or
(2) Oil transferred from a towing vessel to a vessel in its tow to operate installed machinery other than the propulsion plant.
Contract or other approved means includes—
(1) A written contractual agreement
between a vessel owner or operator and
an oil spill removal organization. The
agreement must identify and ensure
the availability of specified personnel
and equipment required under this subpart within stipulated response times
in the specified geographic areas;
(2) Certification by the vessel owner
or operator that specified personnel
and equipment required under this subpart are owned, operated, or under the
direct control of the vessel owner or
operator, and are available within stipulated response times in the specified
geographic areas;
(3) Active membership in a local or
regional oil spill removal organization
that has identified specified personnel
and equipment required under this subpart that are available to respond to a
discharge within stipulated response
times in the specified geographic areas;
(4) A document which—
(i) Identifies the personnel, equipment, and services capable of being
provided by the oil spill removal organization within stipulated response
times in the specified geographic areas;
(ii) Sets out the parties’ acknowledgment that the oil spill removal organization intends to commit the resources
in the event of a response;
(iii) Permits the Coast Guard to
verify the availability of the identified
response resources through tests, inspections, and exercises; and
(iv) Is referenced in the response
plan; or
(5) With the written consent of the
oil spill removal organization, the
identification of an oil spill removal
organization with specified equipment
and personnel which are available
within stipulated response times in the
specified geographic areas. This paragraph is an other approved means for
only—
(i) A vessel carrying oil as secondary
cargo to meet the requirements under
§ 155.1045(i)(3);
(ii) A barge operating on rivers and
canals to meet the requirements for
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§ 155.1020
lightering
capability
under
§§ 155.1050(l), 155.1052(g), 155.1230(g), and
155.2230(g);
(iii) A vessel to meet the salvage and
firefighting
requirements
in
§§ 155.1050(k), 155.1052(f), 155.1230(f), and
155.2230(f); and
(iv) A vessel to meet the resource requirements in § 155.1052(c), 155.1230(c),
and 155.2230(c).
Dedicated response vessel means a vessel of which the service is limited exclusively to oil and hazardous substance spill response-related activities,
including spill recovery and transport,
tanker escorting, deployment of spill
response equipment, supplies, and personnel, and spill response-related training, testing, exercises, and research.
Exclusive economic zone means the
zone contiguous to the territorial sea
of United States extending to a distance up to 200 nautical miles from the
baseline from which the breadth of the
territorial sea is measured.
Great Lakes means Lakes Superior,
Michigan, Huron, Erie, and Ontario,
their connecting and tributary waters,
the Saint Lawrence River as far as
Saint Regis, and adjacent port areas.
Higher volume port area means the following areas, including any water area
within 50 nautical miles seaward of the
entrance(s) to the specified port:
(1) Boston, MA.
(2) New York, NY.
(3) Delaware Bay and River to Philadelphia, PA.
(4) St. Croix, VI.
(5) Pascagoula, MS.
(6) Mississippi River from Southwest
Pass, LA to Baton Rouge, LA. Note:
Vessels destined for, departing from, or
offloading at the Louisiana Offshore
Oil Port are not considered to be operating in this higher volume port area.
(7) Lake Charles, LA.
(8) Sabine-Neches River, TX.
(9) Galveston Bay and Houston Ship
Channel, TX.
(10) Corpus Christi, TX.
(11) Los Angeles/Long Beach Harbor,
CA.
(12) San Francisco Bay, San Pablo
Bay, Carquinez Strait, and Suisun Bay
to Antioch, CA.
(13) Strait of Juan De Fuca at Port
Angeles, WA to and including Puget
Sound, WA.
(14) Prince William Sound, AK.
Inland area means the area shoreward
of the boundary lines defined in 46 CFR
part 7, except that in the Gulf of Mexico, it means the area shoreward of the
lines of demarcation (COLREG lines)
as defined in §§ 80.740 through 80.850 of
this chapter. The inland area does not
include the Great Lakes.
Maximum extent practicable means the
planned capability to respond to a
worst case discharge in adverse weather, as contained in a response plan that
meets the criteria in this subpart or in
a specific plan approved by the Coast
Guard.
Maximum most probable discharge
means a discharge of—
(1) 2,500 barrels of oil for vessels with
an oil cargo capacity equal to or greater than 25,000 barrels; or
(2) 10% of the vessel’s oil cargo capacity for vessels with a capacity of less
than 25,000 barrels.
Nearshore area means the area extending seaward 12 miles from the
boundary lines defined in 46 CFR part
7, except in the Gulf of Mexico. In the
Gulf of Mexico, a nearshore area is one
extending seaward 12 miles from the
line of demarcation (COLREG lines) as
defined in §§ 80.740 through 80.850 of this
chapter.
Non-persistent or Group I oil means a
petroleum-based oil that, at the time
of shipment, consists of hydrocarbon
fractions—
(1) At least 50% of which by volume,
distill at a temperature of 340 degrees C
(645 degrees F); and
(2) At least 95% of which by volume,
distill at a temperature of 370 degrees C
(700 degrees F).
Non-petroleum oil means oil of any
kind that is not petroleum-based. It includes, but is not limited to, animal
fats and vegetable oils.
Ocean means the open ocean, offshore
area, and nearshore area as defined in
this subpart.
Offshore area means the area up to 38
nautical miles seaward of the outer
boundary of the nearshore area.
Oil field waste means non-pumpable
drilling fluids with possible trace
amounts of metal and oil.
Oil spill removal organization means an
entity that provides response resources.
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§ 155.1020
33 CFR Ch. I (7–1–01 Edition)
On-scene coordinator or OSC means
the Federal official predesignated by
the Coast Guard or Environmental Protection Agency to coordinate and direct Federal removal efforts at the
scene of an oil or hazardous substance
discharge as prescribed in the National
Oil and Hazardous Substances Pollution Contingency Plan (National Contingency Plan) as published in 40 CFR
part 300.
Open ocean means the area from 38
nautical miles seaward of the outer
boundary of the nearshore area, to the
seaward boundary of the exclusive economic zone.
Operating in compliance with the plan
means operating in compliance with
the provisions of this subpart, including ensuring the availability of the response resources by contract or other
approved means and conducting the
necessary training and exercises.
Operator means person who is an
owner, a demise charterer, or other
contractor, who conducts the operation
of, or who is responsible for the operation of a vessel. For the purposes of
this subpart only, the operator of a
towing vessel is not, per se, considered
the operator of a vessel being towed.
Other non-petroleum oil means an oil
of any kind that is not a petroleum oil,
an animal fat, or a vegetable oil.
Owner or vessel owner means any person holding legal or equitable title to a
vessel; provided, however, that a person holding legal or equitable title to a
vessel solely as security is not the
owner. In a case where a Certificate of
Documentation has been issued, the
owner is the person or persons whose
name or names appear on the vessel’s
Certificate of Documentation provided,
however, that where a Certificate of
Documentation has been issued in the
name of a president or secretary of an
incorporated company, such incorporated company is the owner.
Persistent oil means a petroleumbased oil that does not meet the distillation criteria for a non-persistent
oil. For the purposes of this subpart,
persistent oils are further classified
based on specific gravity as follows:
(1) Group II—specific gravity of less
than .85.
(2) Group III—specific gravity equal
to or greater than .85 and less than .95.
(3) Group IV—specific gravity equal
to or greater than .95 and less than or
equal to 1.0.
(4) Group V—specific gravity greater
than 1.0.
Petroleum oil means petroleum in any
form including crude oil, fuel oil, mineral oil, sludge, oil refuse, and refined
products.
Qualified individual and alternate
qualified individual means a shore-based
representative of a vessel owner or operator who meets the requirements of
33 CFR 155.1026.
Response activity means the containment and removal of oil from the water
and shorelines, the temporary storage
and disposal of recovered oil, or the
taking of other actions as necessary to
minimize or mitigate damage to public
health or welfare or the environment.
Response resources means the personnel, equipment, supplies, and other
capability necessary to perform the response activities identified in a response plan.
Rivers and canals mean bodies of
water confined within the inland area,
including the Intracoastal Waterways
and other waterways artificially created for navigation, that have a project
depth of 12 feet or less.
Secondary Cargo (see Vessels Carrying
Oil as a Secondary Cargo)
Specific gravity means the ratio of the
mass of a given volume of liquid at 15
degrees C (60 degrees F) to the mass of
an equal volume of pure water at the
same temperature.
Spill management team means the personnel identified to staff the organizational structure identified in a response plan to manage response plan
implementation.
Substantial threat of such a discharge
means any incident involving a vessel
that may create a significant risk of
discharge of cargo oil. Such incidents
include, but are not limited to,
groundings, strandings, collisions, hull
damage, fire, explosion, loss of propulsion, flooding, on-deck spills, or other
similar occurrences.
Tanker means a self-propelled tank
vessel constructed or adapted primarily to carry oil or hazardous material in bulk in the cargo spaces.
Tier means the combination of required response resources and the
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§ 155.1025
times within which the resources must
arrive on scene. Appendix B of this
part, especially Tables 5 and 6, provide
specific guidance on calculating the response resources required by each tier.
Sections 155.1050(g), 155.1135, 155.1230(d),
and 155.2230(d) set forth the required
times within which the response resources must arrive on scene. Tiers are
applied in three categories:
(1) Higher volume port areas;
(2) The Great Lakes; and
(3) All other operating environments,
including rivers and canals, inland,
nearshore, and offshore areas.
Vegetable oil means a non-petroleum
oil or fat not specifically identified
elsewhere in this part that is derived
from plant seeds, nuts, kernels or
fruits.
Vessel of opportunity means a vessel
engaged in spill response activities
that is normally and substantially involved in activities other than spill response and not a vessel carrying oil as
a primary cargo.
Vessels carrying oil as a primary cargo
means all vessels except dedicated response vessels carrying oil in bulk as
cargo or cargo residue that have a Certificate of Inspection issued under 46
CFR Chapter I, subchapter D.
Vessels carrying oil as a secondary
cargo means vessels, other than vessels
carrying oil as a primary cargo, carrying oil in bulk as cargo or cargo residue pursuant to a permit issued under
46 CFR 30.01–5, 70.05–30, or 90.05–35, an
International Oil Pollution Prevention
(IOPP) or Noxious Liquid Substance
(NLS) certificate required by 33 CFR
§§ 151.33 or 151.35; or any uninspected
vessel that carries oil in bulk as cargo
or cargo residue.
Worst case discharge means a discharge in adverse weather conditions of
a vessel’s entire oil cargo.
§ 155.1025 Operating restrictions and
interim operating authorization.
(a) Vessels subject to this subpart
may not perform the following functions, unless operating in compliance
with a plan approved under § 155.1065:
(1) Handling, storing, or transporting
oil on the navigable waters of the
United States; or
(2) Transferring oil in any other port
or place subject to U.S. jurisdiction.
(b) Vessels subject to this subpart
may not transfer oil in a port or place
subject to the jurisdiction of the
United States, where the oil to be
transferred was received from another
vessel subject to this subpart during a
lightering operation referred to in
§ 155.1015(b), unless both vessels engaged in the lightering operation were
operating at the time in compliance
with a plan approved under § 155.1065.
(c)(1) Notwithstanding the requirements of paragraph (a) of this section,
a vessel may continue to handle, store,
transport, transfer, or lighter oil for 2
years after the date of submission of a
response plan pending approval of that
plan, if the vessel owner or operator
has received written authorization for
continued operations from the Coast
Guard.
(2) To receive this authorization, the
vessel owner or operator must certify
in writing to the Coast Guard that the
owner or operator has identified and
ensured the availability of, through
contract or other approved means, the
necessary private response resources to
respond, to the maximum extent practicable, to a worst case discharge or
substantial threat of such a discharge
from their vessel as described in
§§ 155.1050, 155.1052, 155.1230, or 155.2230,
as appropriate.
(d) With respect to paragraph (b) of
this section, a vessel may not continue
to handle, store, transport, transfer, or
lighter oil if—
(1) The Coast Guard determines that
the response resources identified in the
vessel’s certification statement do not
meet the requirements of this subpart;
(2) The contracts or agreements cited
in the vessel’s certification statement
are no longer valid;
(3) The vessel is not operating in
compliance with the submitted plan; or
(4) The period of this authorization
expires.
(e) An owner or operator of a vessel
may be authorized by the applicable
COTP to have that vessel make one
voyage to transport or handle oil in a
geographic specific area not covered by
the vessel’s response plan. All requirements of this subpart must be met for
any subsequent voyages to that geographic specific area. To be authorized,
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§ 155.1026
33 CFR Ch. I (7–1–01 Edition)
the vessel owner or operator shall certify to the COTP in writing, prior to
the vessel’s entry into the COTP zone,
that—
(1) A response plan meeting the requirements of this subpart (except for
the applicable geographic specific appendix) or a shipboard oil pollution
emergency plan approved by the flag
state that meets the requirements of
Regulation 26 of Annex I to the International Convention for the Prevention
of Pollution from Ships, 1973 as modified by the Protocol of 1978 relating
thereto, as amended (MARPOL 73/78)
which is available from the National
Technical Information Service, 5285
Port Royal Road, Springfield, VA 22161;
(2) The approved response plan or the
required plan section(s) is aboard the
vessel;
(3) The vessel owner or operator has
identified and informed the vessel master and the COTP of the designated
qualified individual prior to the vessel’s entry into the COTP zone; and
(4) The vessel owner or operator has
identified and ensured the availability
of, through contract or other approved
means, the private response resources
necessary to respond, to the maximum
extent practicable under the criteria in
§§ 155.1050, 155.1052, 155.1230, or 155.2230,
as appropriate, to a worst case discharge or substantial threat of discharge from the vessel in the applicable COTP zone.
§ 155.1026 Qualified individual and alternate qualified individual.
(a) The response plan must identify a
qualified individual and at least one alternate who meet the requirements of
this section. The qualified individual
or alternate qualified individual must
be available on a 24-hour basis.
(b) The qualified individual and alternate must—
(1) Speak fluent English;
(2) Except as set out in paragraph (c)
of this section, be located in the United
States;
(3) Be familiar with the implementation of the vessel response plan; and
(4) Be trained in the responsibilities
of the qualified individual under the response plan.
(c) For Canadian flag vessels while
operating on the Great Lakes or the
Strait of Juan de Fuca and Puget
Sound, WA, the qualified individual
may be located in Canada if he or she
meets all other requirements in paragraph (b) of this section.
(d) The owner operator shall provide
each qualified individual and alternate
qualified individual identified in the
plan with a document designating
them as a qualified individual and
specifying their full authority to—
(1) Activate and engage in contracting with oil spill removal organization(s) and other response related resources identified in the plan;
(2) Act as a liaison with the
predesignated Federal On-Scene Coordinator (OCS); and
(3) Obligate funds required to carry
out response activities.
(e) The owner or operator of a vessel
may designate an organization to fulfill the role of the qualified individual
and alternate qualified individual. The
organization must then identify a
qualified individual and at least one alternate qualified individual who meet
the requirements of this section. The
vessel owner or operator is required to
list in the response plan the organization, the person identified as the qualified individual, and the person or persons identified as the alternate qualified individual(s).
(f) The qualified individual is not responsible for—
(1) The adequacy of response plans
prepared by the owner or operator; or
(2) Contracting or obligating funds
for response resources beyond the full
authority contained in their designation from the owner or operator of the
vessel.
(g) The liability of a qualified individual is considered to be in accordance with the provisions of 33 U.S.C.
1321(c)(4).
§ 155.1030 General response plan requirements.
(a) The plan must cover all geographic areas of the United States in
which the vessel intends to handle,
store, or transport oil, including port
areas and offshore transit areas.
(b) The plan must be written in
English and, if applicable, in a language that is understood by the crew
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§ 155.1030
members with responsibilities under
the plan.
(c) A vessel response plan must be divided into the following sections:
(1) General information and introduction.
(2) Notification procedures.
(3) Shipboard spill mitigation procedures.
(4) Shore-based response activities.
(5) List of contacts.
(6) Training procedures.
(7) Exercise procedures.
(8) Plan review and update procedures.
(9) On board notification checklist
and emergency procedures (unmanned
tank barges only).
(10) Geographic-specific appendix for
each COTP zone in which the vessel or
vessels operate.
(11) An appendix for vessel-specific
information for the vessel or vessels
covered by the plan.
(d) A vessel owner or operator with
multiple vessels may submit one plan
for each class of vessel (i.e., manned
vessels carrying oil as primary cargo,
unmanned vessels carrying oil as primary cargo, and vessels carrying oil as
secondary cargo) with a separate vessel-specific appendix for each vessel
covered by the plan and a separate geographic-specific appendix for each
COTP zone in which the vessel(s) will
operate.
(e) The required contents for each
section of the plan are contained in
§§ 155.1035, 155.1040, and 155.1045, as applicable to the type or service of the
vessel.
(f) The response plan for a barge carrying nonhazardous oil field waste may
follow the same format as that for a
vessel carrying oil as a secondary cargo
under § 155.1045 in lieu of the plan required under § 155.1035 or § 155.1040.
(g) A response plan must be divided
into the sections described in paragraph (c) of this section unless the plan
is supplemented with a cross-reference
table to identify the location of the information required by this subpart.
(h) The information contained in a
response plan must be consistent with
the—
(1) National Oil and Hazardous Substances Pollution Contingency Plan
(NCP) (40 CFR part 300) and the Area
Contingency Plan(s) (ACP) in effect on
the date 6 months prior to the submission date of the response plan; or
(2) More recent NCP and ACP(s).
(i) Copies of the submitted and approved response plan must be available
as follows:
(1) The owner or operator of all vessels, except for unmanned tank barges,
shall ensure that one English language
copy of the plan sections listed in paragraph (c) (1), (2), (3), (5), (10) and (11) of
this section and the Coast Guard approval letter or notarized copy of the
approval letter are maintained aboard
the vessel. If applicable, additional
copies of the required plan sections
must be in the language understood by
crew members with responsibilities
under the plan and maintained aboard
the vessel.
(2) The owner or operator of all unmanned tank barges shall ensure that
one English language copy of the plan
section listed in paragraph (c)(9) of this
section and the Coast Guard approval
letter or notarized copy of the approval
letter are maintained aboard the barge.
(3) The vessel owner or operator shall
maintain a current copy of the entire
plan, and ensure that each person identified as a qualified individual and alternate qualified individual in the plan
has a current copy of the entire plan.
(j) If an owner or operator of a United
States flag vessel informs the Coast
Guard in writing at the time of the
plan submission according to the procedures of § 155.1065, the owner or operator may address the provisions of Regulation 26 of MARPOL 73/78 if the
owner or operator—
(1) Develops a vessel response plan
under § 155.1030 and §§ 155.1035, 155.1040,
or 155.1045, as applicable;
(2) Expands the plan to cover discharges of all oils defined under
MARPOL, including fuel oil (bunker)
carried on board. The owner or operator is not required to include these
additional oils in calculating the planning volumes that are used to determine the quantity of response resources that the owner or operator
must ensure through contract or other
approved means;
(3) Provides the information on authorities or persons to be contacted in
the event of an oil pollution incident as
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§ 155.1035
33 CFR Ch. I (7–1–01 Edition)
required by Regulation 26 of MARPOL
73/78. This information must include—
(i) An appendix containing coastal
State contacts for those coastal States
the exclusive economic zone of which
the vessel regularly transits. The appendix should list those agencies or officials of administrations responsible
for receiving and processing pollution
incident reports; and
(ii) An appendix of port contacts for
those ports at which the vessel regularly calls; and
(4) Expands the plan to include the
procedures and point of contact on the
ship for coordinating shipboard activities with national and local authorities
in combating an oil spill incident. The
plan should address the need to contact
the coastal State to advise them of action(s) being implemented and determine what authorization(s), if any, are
needed.
(5) Provides a cross reference section
to identify the location of the information required by § 155.1030(j).
(k) A vessel carrying oil as a secondary cargo may comply with the requirements of § 155.1045 by having a response plan approved under Regulation
26 of MARPOL 73/78 with the addition
of the following—
(1) Identification of the qualified individual and alternate that meets the
requirements of § 155.1026;
(2) A geographic specific appendix
meeting
the
requirements
of
§ 155.1045(i), including the identification
of a contracted oil spill removal organization;
(3) Identification of a spill management team;
(4) An appendix containing the training procedures required by 155.1045(f);
and
(5) An appendix containing the exercise procedures required by 155.1045(g).
(l) For plans submitted prior to the
effective date of this final rule, the
owner or operator of each vessel may
elect to comply with any or all of the
provisions of this final rule by amending or revising the appropriate section
of the previously submitted plan.
§ 155.1035 Response plan requirements
for manned vessels carrying oil as a
primary cargo.
(a) General information and introduction. This section of the response plan
must include—
(1) The vessel’s name, country of registry, call sign, official number, and
International Maritime Organization
(IMO) international number (if applicable). If the plan covers multiple vessels, this information must be provided
for each vessel;
(2) The name, address, and procedures
for contacting the vessel’s owner or operator on a 24-hour basis;
(3) A list of the COTP zones in which
the vessel intends to handle, store, or
transport oil;
(4) A table of contents or index of sufficient detail to permit personnel with
responsibilities under the response plan
to locate the specific sections of the
plan; and
(5) A record of change(s) page to
record information on plan reviews, updates or revisions.
(b) Notification procedures. This section of the response plan must include
the following notification information:
(1) A checklist with all notifications,
including telephone or other contact
numbers, in order of priority to be
made by shipboard or shore-based personnel and the information required for
those notifications. Notifications must
include those required by—
(i) MARPOL 73/78 and 33 CFR part
153; and
(ii) Any applicable State.
(2) Identification of the person(s) to
be notified of a discharge or substantial threat of a discharge of oil. If the
notifications vary due to vessel location, the persons to be notified also
must be identified in a geographic-specific appendix. This section must separately identify—
(i) The individual(s) or organization(s) to be notified by shipboard personnel; and
(ii) The individual(s) or organization(s) to be notified by shore-based
personnel.
(3) The procedures for notifying the
qualified individual(s) designated by
the vessel’s owner or operator.
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§ 155.1035
(4) Descriptions of the primary and, if
available, secondary communications
methods by which the notifications
will be made that should be consistent
with the regulations in § 155.1035(b)(1).
(5) The information that is to be provided in the initial and any follow up
notifications required by paragraph
(b)(1) of this section.
(i) The initial notification may be
submitted in accordance with IMO Resolution A648(16) ‘‘General Principles for
Ship Reporting Systems and Ship Reporting Requirements’’ which is available through COMDT G–MSO–4, U.S.
Coast Guard Headquarters, 2100 Second
Street SW., Washington, DC 20593–0001.
It must include at least the following
information:
(A) Vessel name, country of registry,
call sign, and official number (if any);
(B) Date and time of the incident;
(C) Location of the incident;
(D) Course, speed, and intended track
of vessel;
(E) Radio station(s) and frequencies
guarded;
(F) Date and time of next report;
(G) Type and quantity of oil on
board;
(H) Nature and detail of defects, deficiencies, and damage (e.g. grounding,
collision, hull failure, etc.);
(I) Details of pollution, including estimate of oil discharged or threat of
discharge;
(J) Weather and sea conditions on
scene;
(K) Ship size and type;
(L) Actions taken or planned by persons on scene;
(M) Current conditions of the vessel;
and
(N) Number of crew and details of injuries, if any.
(ii) After the transmission of the initial notification, as much as possible of
the information essential for the protection of the marine environment as
is appropriate to the incident must be
reported to the appropriate on-scene
coordinator in a follow-up report. This
information must include—
(A) Additional details on the type of
cargo on board;
(B) Additional details on the condition of the vessel and ability to transfer cargo, ballast, and fuel;
(C) Additional details on the quantity, extent and movement of the pollution and whether the discharge is
continuing;
(D) Any changes in the on-scene
weather or sea conditions; and
(E) Actions being taken with regard
to the discharge and the movement of
the ship.
(6) Identification of the person(s) to
be notified of a vessel casualty potentially affecting the seaworthiness of a
vessel and the information to be provided by the vessel’s crew to shorebased personnel to facilitate the assessment of damage stability and stress.
(c) Shipboard spill mitigation procedures. This section of the response plan
must include—
(1) Procedures for the crew to mitigate or prevent any discharge or a substantial threat of such discharge of oil
resulting from shipboard operational
activities associated with internal or
external cargo transfers. Responsibilities of vessel personnel should be identified by job title. These procedures
must address personnel actions in the
event of a—
(i) Transfer system leak;
(ii) Tank overflow; or
(iii) Suspected cargo tank or hull
leak;
(2) Procedures in the order of priority
for the crew to mitigate or prevent any
discharge or a substantial threat of
such a discharge in the event of the following casualties or emergencies:
(i) Grounding or stranding.
(ii) Collision.
(iii) Explosion or fire, or both.
(iv) Hull failure.
(v) Excessive list.
(vi) Equipment failure (e.g. main propulsion, steering gear, etc.);
(3) Procedures for the crew to deploy
discharge removal equipment as required under subpart B of this part;
(4) The procedures for internal transfers of cargo in an emergency;
(5) The procedures for ship-to-ship
transfers of cargo in an emergency:
(i) The format and content of the
ship-to-ship transfer procedures must
be consistent with the Ship to Ship
Transfer Guide (Petroleum) published
jointly by the International Chamber
of Shipping and the Oil Companies
International marine Forum (OCIMF).
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§ 155.1035
33 CFR Ch. I (7–1–01 Edition)
(ii) The procedures must identify the
response resources necessary to carry
out the transfers, including—
(A) Fendering equipment (ship-toship only);
(B) Transfer hoses and connection
equipment;
(C) Portable pumps and ancillary
equipment;
(D) Lightering and mooring masters
(ship-to-ship only); and
(E) Vessel and barge brokers (ship-toship only).
(iii) Reference can be made to a separate
oil
transfer
procedure
and
lightering plan carried aboard the vessel, provided that safety considerations
are summarized in the response plan.
(iv) The location of all equipment
and fittings, if any, carried aboard the
vessel to perform such transfers must
be identified;
(6) The procedures and arrangements
for emergency towing, including the
rigging and operation of any emergency towing equipment, including
that required by subpart B of this part,
aboard the vessel;
(7) The location, crew responsibilities, and procedures for use of shipboard equipment which may be carried
to mitigate an oil discharge;
(8) The crew responsibilities, if any,
for recordkeeping and sampling of
spilled oil. Any requirements for sampling must address safety procedures to
be followed by the crew;
(9) The crew’s responsibilities, if any,
to initiate a response and supervise
shore-based response resources;
(10) Damage stability and hull stress
considerations when performing shipboard mitigation measures. This section must identify and describe—
(i) Activities in which the crew is
trained and qualified to execute absent
shore-based support or advice; and
(ii) The information to be collected
by the vessel’s crew to facilitate shorebased assistance; and
(11)(i) Location of vessel plans necessary to perform salvage, stability,
and hull stress assessments. A copy of
these plans must be maintained ashore
by either the vessel owner or operator
or the vessel’s recognized classification
society unless the vessel has prearranged for a shore-based damage stability and residual strength calculation
program with the vessel’s baseline
strength and stability characteristics
pre-entered. The response plan must indicate the shore location and 24-hour
access procedures of the calculation
program or the following plans:
(A) General arrangement plan.
(B) Midship section plan.
(C) Lines plan or table of offsets.
(D) Tank tables.
(E) Load line assignment.
(F) Light ship characteristics.
(ii) The plan must identify the shore
location and 24-hour access procedures
for the computerized, shore-based damage stability and residual structural
strength calculation programs required
by § 155.240.
(d) Shore-based response activities. This
section of the response plan must include the following information:
(1) The qualified individual’s responsibilities and authority, including immediate communication with the Federal on-scene coordinator and notification of the oil spill removal organization(s) identified in the plan.
(2) If applicable, procedures for transferring responsibility for direction of
response activities from vessel personnel to the shore-based spill management team.
(3) The procedures for coordinating
the actions of the vessel owner or operator or qualified individual with the
predesignated Federal on-scene coordinator responsible for overseeing or directing those actions.
(4) The organizational structure that
will be used to manage the response actions. This structure must include the
following functional areas and must
further include information for key
components within each functional
area:
(i) Command and control;
(ii) Public information;
(iii) Safety;
(iv) Liaison with government agencies;
(v) Spill response operations;
(vi) Planning;
(vii) Logistics support; and
(viii) Finance.
(5) The responsibilities of, duties of,
and functional job descriptions for each
oil spill management team position
within the organizational structure
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§ 155.1035
identified in paragraph (d)(4) of this
section.
(e) List of contacts. The name, location, and 24-hour contact information
for the following key individuals and
organizations must be included in this
section of the response plan or, if more
appropriate, in a geographic-specific
appendix and referenced in this section
of the response plan:
(1) Vessel owner or operator.
(2) Qualified individual and alternate
qualified individual for the vessel’s
area of operation.
(3) Applicable insurance representatives or surveyors for the vessel’s area
of operation.
(4) The vessel’s local agent(s) for the
vessel’s area of operation.
(5) Person(s) within the oil spill removal organization to notify for activation of that oil spill removal organization for the three spill scenarios
identified in paragraph (i)(5) of this
section for the vessel’s area of operation.
(6) Person(s) within the identified response organization to notify for activating that organization to provide:
(i) The required emergency lightering
required by § 155.1050(l), § 155.1052(g),
§ 155.1230(g), or § 155.2230(g), as applicable to the type of service of the vessel;
and
(ii) The required salvage and firefighting
required
by
§ 155.1050(k),
§ 155.1052(e),
§ 155.1230(e),
and
§ 155.2230(e), as applicable to the type of
service of the vessel.
(7) Person(s) to notify for activation
of the spill management team for the
spill response scenarios identified in
paragraph (i)(5) of this section for the
vessel’s area of operation.
(f) Training procedures. This section of
the response plan must address the
training procedures and programs of
the vessel owner or operator to meet
the requirements in § 155.1055.
(g) Exercise procedures. This section of
the response plan must address the exercise program to be carried out by the
vessel owner or operator to meet the
requirements in § 155.1060.
(h) Plan review, update, revision,
amendment, and appeal procedure. This
section of the response plan must address—
(1) The procedures to be followed by
the vessel owner or operator to meet
the requirements of § 155.1070; and
(2) The procedures to be followed for
any post-discharge review of the plan
to evaluate and validate its effectiveness.
(i) Geographic-specific appendices for
each COTP zone in which a vessel operates. A geographic-specific appendix
must be included for each COTP zone
identified. The appendices must include the following information or
identify the location of such information within the plan:
(1) A list of the geographic areas
(port areas, rivers and canals, Great
Lakes, inland, nearshore, offshore, and
open ocean areas) in which the vessel
intends to handle, store, or transport
oil within the applicable COTP zone.
(2) The volume and group of oil on
which the required level of response resources are calculated.
(3) Required Federal or State notifications applicable to the geographic
areas in which a vessel operates.
(4) Identification of the qualified individuals.
(5) Identification of the oil spill removal organization(s) that are identified and ensured available, through
contract or other approved means, and
the spill management team to respond
to the following spill scenarios:
(i) Average most probable discharge.
(ii) Maximum most probable discharge.
(iii) Worst case discharge.
(6) The organization(s) identified to
meet the requirements of paragraph
(i)(5) of this section must be capable of
providing the equipment and supplies
necessary to meet the requirements of
§§ 155.1050, 155.1052, 155.1230, and 155.2230,
as appropriate, and sources of trained
personnel to continue operation of the
equipment and staff the oil spill removal organization(s) and spill management team identified for the first 7
days of the response.
(7) The appendix must list the response resources and related information required under §§ 155.1050, 155.1052,
155.1230, 155.2230, and Appendix B of this
part, as appropriate.
(8) If an oil spill removal organization(s) has been evaluated by the Coast
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§ 155.1040
33 CFR Ch. I (7–1–01 Edition)
Guard and their capability has been determined to equal or exceed the response capability needed by the vessel,
the appendix may identify only the organization and their applicable classification and not the information required in paragraph (i)(7) of this section.
(9) The appendix must also separately
list the companies identified to provide
the
salvage,
vessel
firefighting,
lightering, and if applicable, dispersant
capabilities required in this subpart.
(j) Appendices for vessel-specific information. This section must include for
each vessel covered by the plan the following information:
(1) List of the vessel’s principal characteristics.
(2) Capacities of all cargo, fuel, lube
oil, ballast, and fresh water tanks.
(3) The total volume and cargo
groups of oil cargo that would be involved in the—
(i) Maximum most probable discharge; and
(ii) Worst case discharge.
(4) Diagrams showing location of all
tanks.
(5) General arrangement plan (can be
maintained separately aboard the vessel providing the response plan identifies the location).
(6) Midships section plan (can be
maintained separately aboard the vessel providing the response plan identifies the location).
(7) Cargo and fuel piping diagrams
and pumping plan, as applicable (can
be maintained separately aboard the
vessel providing the response plan identifies the location).
(8) Damage stability data (can be
maintained separately providing the
response plan identifies the location).
(9) Location of cargo and fuel stowage plan for vessel (normally maintained separately aboard the vessel).
(10) Location of information on the
name, description, physical and chemical characteristics, health and safety
hazards, and spill and firefighting procedures for the oil cargo aboard the
vessel. A material safety data sheet
meeting the requirements of 29 CFR
1910.1200, cargo information required by
33 CFR 154.310, or equivalent will meet
this requirement. This information can
be maintained separately.
[CGD 91–034, 61 FR 1081, Jan. 12, 1996, as
amended by CGD 96–026, 61 FR 33666, June 28,
1996]
§ 155.1040 Response plan requirements
for unmanned tank barges carrying
oil as a primary cargo.
(a) General information and introduction. This section of the response plan
must include—
(1) A list of tank barges covered by
the plan, which must include the country of registry, call sign, IMO international numbers (if applicable), and
official numbers of the listed tank
barges;
(2) The name, address, and procedures
for contacting the barge’s owner or operator on a 24-hour basis;
(3) A list of the COTP zones in which
the tank barges covered by the plan intend to handle, store, or transport oil;
(4) A table of contents or index of sufficient detail to permit personnel with
responsibilities under the response plan
to locate the specific sections of the
plan; and
(5) A record of change(s) page used to
record information on plan reviews, updates or revisions.
(b) Notification procedures. This section of the response plan must include
the following notification information:
(1) A checklist with all notifications.
The checklist must include notifications required by MARPOL 73/78, 33
CFR part 153, and any applicable State,
including telephone or other contact
numbers, in the order of priority and
the information required for those notifications to be made by the—
(i) Towing vessel;
(ii) Vessel owner or operator; or
(iii) Qualified individual.
(2) Identification of the person(s) to
be notified of a discharge or substantial threat of a discharge of oil. If the
notifications vary due to the location
of the barge, the persons to be notified
also must be identified in a geographicspecific appendix. This section must
separately identify—
(i) The individual(s) or organization(s) to be notified by the towing vessel; and
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§ 155.1040
(ii) The individual(s) or organization(s) to be notified by shore-based
personnel.
(3) The procedures for notifying the
qualified individuals designated by the
barge’s owner or operator.
(4) Identification of the primary and,
if available, secondary communications methods by which the notifications will be made, consistent with the
requirements of paragraph (b)(1) of this
section.
(5) The information that is to be provided in the initial and any follow-up
notifications required by paragraph
(b)(1) of this section.
(i) The initial notification information must include at least the following information:
(A) Towing vessel name (if applicable);
(B) Tank barge name, country of registry, and official number;
(C) Date and time of the incident;
(D) Location of the incident;
(E) Course, speed, and intended track
of towing vessel (if applicable);
(F) Radio station(s) frequencies
guarded by towing vessel (if applicable);
(G) Date and time of next report;
(H) Type and quantity of oil on
board;
(I) Nature and details of defects, deficiencies, and damage (e.g., grounding,
collision, hull failure, etc.);
(J) Details of pollution, including estimate of oil discharged or threat of
discharge;
(K) Weather and sea conditions on
scene;
(L) Barge size and type;
(M) Actions taken or planned by persons on scene;
(N) Current condition of the barge;
and
(O) Details of injuries, if any.
(ii) After the transmission of the initial notification, as much as possible of
the information essential for the protection of the marine environment as
is appropriate to the incident must be
reported to the appropriate on-scene
coordinator in a follow-up report. This
information must include—
(A) Additional detail on the type of
cargo on board;
(B) Additional details on the condition of the barge and ability to transfer
cargo, ballast, and fuel;
(C) Additional details on the quantity, extent and movement of the pollution and whether the discharge is
continuing;
(D) Any changes in the on-scene
weather or sea conditions; and
(E) Actions being taken with regard
to the discharge and the movement of
the vessel.
(6) Identification of the person(s) to
be notified of a vessel casualty potentially affecting the seaworthiness of a
vessel and the information to be provided by the towing vessel personnel or
tankermen, as applicable, to shorebased personnel to facilitate the assessment of damage stability and stress.
(c) Shipboard spill mitigation procedures. This section of the response plan
must include—
(1) Procedures to be followed by the
tankerman, as defined in 46 CFR 35.35–
1, to mitigate or prevent any discharge
or a substantial threat of such a discharge of oil resulting from operational activities and casualties. These
procedures must address personnel actions in the event of a—
(i) Transfer system leak;
(ii) Tank overflow; or
(iii) Suspected cargo tank or hull
leak;
(2) Procedures in the order of priority
for the towing vessel or barge owner or
operator to mitigate or prevent any
discharge or a substantial threat of
such a discharge of oil in the event of
the following casualties or emergencies:
(i) Grounding or stranding;
(ii) Collision;
(iii) Explosion or fire, or both;
(iv) Hull failure;
(v) Excessive list; and
(3) Procedures for tankermen or towing vessel crew to employ discharge removal equipment required by subpart B
of this part;
(4) The procedures for the internal
transfer of cargo in an emergency;
(5) The procedures for ship-to-ship
transfers of cargo in an emergency:
(i) The procedures must identify the
response resources necessary to carry
out the transfers, including—
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(A) Fendering equipment (ship-toship only);
(B) Transfer hoses and connection
equipment;
(C) Portable pumps and ancillary
equipment; and
(D) Lightering vessels (ship-to-ship
only).
(ii) Reference can be made to separate oil transfer procedures or a
lightering plan provided that safety
considerations are summarized in the
response plan.
(iii) The location of all equipment
and fittings, if any, to perform such
transfers must be identified;
(6) The procedures and arrangements
for emergency towing, including the
rigging and operation of any emergency towing equipment, including
that required by subpart B of this part
aboard the barge;
(7) The location and procedures for
use of equipment stowed aboard either
the barge or towing vessel to mitigate
an oil discharge;
(8) The responsibilities of the towing
vessel crew and facility or fleeting area
personnel, if any, to initiate a response
and supervise shore-based response resources;
(9) Damage stability, if applicable,
and hull stress considerations when
performing on board mitigation measures. This section must identify and
describe—
(i) Activities in which the towing
vessel crew or tankerman is trained
and qualified to execute absent shorebased support or advice;
(ii) The individuals who shall be notified of a casualty potentially affecting
the seaworthiness of the barge; and
(iii) The information that must be
provided by the towing vessel to facilitate the assessment of damage stability and stress; and
(10)(i) Location of barge plans necessary to perform salvage, stability,
and hull stress assessments. A copy of
these barge plans must be maintained
ashore by either the barge owner or operator or the vessel’s recognized classification society. The response plan
must indicate the shore location and
24-hour access procedures of the following plans:
(A) General arrangement plan.
(B) Midship section plan.
(C) Lines plan or table of offsets, as
available.
(D) Tank tables; and
(ii) Plans for offshore oil barges must
identify the shore location and 24-hour
access procedures for the computerized
shore-based damage stability and residual structural strength calculation
programs required by § 155.240.
(d) Shore-based response activities. This
section of the response plan must include the following information:
(1) The qualified individual’s responsibilities and authority, including immediate communication with the Federal on-scene coordinator and notification of the oil spill removal organization(s) identified in the plan.
(2) If applicable, procedures for transferring responsibility for direction of
response activities from towing vessel
personnel or tankermen to the shorebased spill management team.
(3) The procedures for coordinating
the actions of the barge owner or operator of qualified individual with the action of the predesignated Federal onscene coordinator responsible for overseeing or directing those actions.
(4) The organizational structure that
will manage the barge owner or operator’s response actions. This structure
must include the following functional
areas and must further include information for key components within
each functional area:
(i) Command and control;
(ii) Public information;
(iii) Safety;
(iv) Liaison with government agencies;
(v) Spill response operations;
(vi) Planning;
(vii) Logistics support; and
(viii) Finance.
(5) The responsibilities of, duties of,
and functional job descriptions for each
oil spill management team position
within the organizational structure
identified in paragraph (d)(4) of this
section.
(e) List of contacts. The name, location, and 24-hour contact information
for the following key individuals and
organizations must be included in this
section or, if more appropriate, in a geographic-specific appendix and referenced in this section:
(1) Barge owner or operator.
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§ 155.1040
(2) Qualified individual and alternate
qualified individual for the tank
barge’s area of operation.
(3) Applicable insurance representatives or surveyors for the barge’s
area(s) of operation.
(4) Person(s) within the oil spill removal organization to notify for activation of that oil spill removal organization for the spill scenarios identified
in paragraph (j)(5) of this section for
the barges’s area(s) of operation.
(5) Person(s) within the identified response organization to notify for activating that organization to provide:
(i) The required emergency lightering
required by §§ 155.1050(l), 155.1052(g),
155.1230(g), and 155.2230(g), as applicable
to the type of service of the barge(s);
and
(ii) The required salvage and fire
fighting required by §§ 155.1050(k),
155.1052(e), 155.1230(e), and 155.2230(e), as
applicable to the type of service of the
barge(s).
(6) Person(s) to notify for activation
of the spill management team for the
spill response scenarios identified in
paragraph (j)(5) of this section for the
vessel’s area of operation.
(f) Training procedures. This section of
the response plan must address the
training procedures and programs of
the barge owner or operator to meet
the requirements in § 155.1055.
(g) Exercise procedures. This section of
the response plan must address the exercise program carried out by the barge
owner or operator to meet the requirements in § 155.1060.
(h) Plan review, update, revisions
amendment, and appeal procedure. This
section of the response plan must address—
(1) The procedures to be followed by
the barge owner or operator to meet
the requirements of § 155.1070; and
(2) The procedures to be followed for
any post-discharge review of the plan
to evaluate and validate its effectiveness.
(i) On board notification checklist and
emergency procedures. This portion of
the response plan must be maintained
in the documentation container aboard
the unmanned barge. The owner or operator of an unmanned tank barge subject to this section shall provide the
personnel of the towing vessel, fleeting
area, or facility that the barge may be
moored at with the information required by this paragraph and the responsibilities that the plan indicates
will be carried out by these personnel.
The on board notification checklist and
emergency procedures must include—
(1) The toll-free number of the National Response Center;
(2) The name and procedures for contacting a primary qualified individual
and at least one alternate on a 24-hour
basis;
(3) The name, address, and procedure
for contacting the vessel’s owner or operator on a 24-hour basis;
(4) The list of information to be provided in the notification by the reporting personnel;
(5) A statement of responsibilities of
and actions to be taken by reporting
personnel after an oil discharge or substantial threat of such discharge; and
(6) The information contained in
paragraph (c)(1) of this section.
(j) Geographic-specific appendices for
each COTP zone in which a tank barge
operates. A geographic-specific appendix must be included for each COTP
zone identified. The appendices must
include the following information or
identify the location of such information within the plan:
(1) A list of the geographic areas
(port areas, rivers and canals, Great
Lakes, inland, nearshore, offshore, and
open ocean areas) in which the barge
intends to handle, store, or transport
oil within the applicable COTP zone.
(2) The volume and group of oil on
which the required level of response resources are calculated.
(3) Required Federal or State notifications applicable to the geographic
areas in which the barge operates.
(4) Identification of the qualified individuals.
(5) Identification of the oil spill removal organization(s) that are identified and ensured available, through
contract or other approved means and
the spill management team to provide
the response resources necessary to respond to the following spill scenarios:
(i) An average most probable discharge.
(ii) A maximum most probable discharge.
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§ 155.1045
33 CFR Ch. I (7–1–01 Edition)
(iii) A worst case discharge to the
maximum extent practicable.
(6) The organization(s) identified to
meet the provisions of paragraph (j)(5)
of this section must be capable of providing the equipment and supplies necessary to meet the provisions of
§§ 155.1050, 155.1052, 155.1230, and 155.2230,
as appropriate, and sources of trained
personnel to continue operation of the
equipment and staff the oil spill removal organization(s) and spill management team identified for the first
seven days of the response.
(7) The appendix must list the response resources and related information required under §§ 155.1050, 155.1052,
155.1230, 155.2230, and Appendix B of this
part, as appropriate.
(8) If the oil spill removal organization(s) providing the necessary response resources has been evaluated by
the Coast Guard and their capability
has been determined to equal or exceed
the response capability needed by the
vessel, the appendix may identify only
the organization and their applicable
classification and not the information
required in paragraph (j)(7) of this section.
(9) The appendix must also separately
list the companies identified to provide
the
salvage,
barge
firefighting,
lightering, and if applicable, dispersant
capabilities required in this subpart.
(k) Appendices for barge-specific information. Because many of the tank
barges covered by a response plan may
be of the same design, this information
does not need to be repeated provided
the plan identifies the tank barges to
which the same information would
apply. The information must be part of
the response plan unless specifically
noted. This section must include for
each barge covered by the plan the following information:
(1) List of the principal characteristics of the vessel.
(2) Capacities of all cargo, fuel, lube
oil, and ballast tanks.
(3) The total volumes and cargo
group(s) of oil cargo that would be involved in the—
(i) Maximum most probable discharge; and
(ii) Worst case discharge.
(4) Diagrams showing location of all
tanks aboard the barge.
(5) General arrangement plan (can be
maintained separately providing that
the location is identified).
(6) Midships section plan (can be
maintained separately providing that
the location is identified).
(7) Cargo and fuel piping diagrams
and pumping plan, as applicable (can
be maintained separately providing
that the location is identified).
(8) Damage stability data, if applicable.
(9) Location of cargo and fuel stowage plan for barge(s) (normally maintained separately).
(10) Location of information on the
name, description, physical and chemical characteristics, health and safety
hazards, and spill and firefighting procedures for the oil cargo aboard the
barge. A material safety data sheet
meeting the requirements of 29 CFR
1910.1200, cargo information required by
33 CFR 154.310, or equivalent will meet
this requirement. This information can
be maintained separately.
§ 155.1045 Response plan requirements
for vessels carrying oil as a secondary cargo.
(a) General information and introduction. This section of the response plan
must include—
(1) The vessel’s name, country of registry, call sign, official number, and
IMO international number (if applicable). If the plan covers multiple vessels, this information must be provided
for each vessel;
(2) The name, address, and procedures
for contacting the vessel’s owner or operator on a 24-hour basis;
(3) A list of COTP zones in which the
vessel intends to handle, store, or
transport oil;
(4) A table of contents or index of sufficient detail to permit personnel with
responsibilities under the response plan
to locate the specific sections of the
plan; and
(5) A record of change(s) page used to
record information on plan updates or
revisions.
(6) As required in paragraph (c) of
this section, the vessel owner or operator must list in his or her plan the
total volume of oil carried in bulk as
cargo.
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§ 155.1045
(i) For vessels that transfer a portion
of their fuel as cargo, 25 percent of the
fuel capacity of the vessel plus the capacity of any oil cargo tank(s) will be
assumed to be the cargo volume for determining applicable response plan requirements unless the vessel owner or
operator indicates otherwise.
(ii) A vessel owner or operator can
use a volume less than 25 percent if he
or she submits historical data with the
plan that substantiates the transfer of
a lower percentage of its fuel capacity
between refuelings.
(b) Notification procedures. This section of the response plan must include
the following notification information:
(1) A checklist with all notifications,
including telephone or other contact
numbers, in the order of priority to be
made by shipboard or shore-based personnel and the information required for
those notifications. Notifications must
include those required by—
(i) MARPOL 73/78 and 33 CFR part
153; and
(ii) Any applicable State.
(2) Identification of the person(s) to
be notified of a discharge or substantial threat of discharge of oil. If notifications vary due to vessel location, the
person(s) to be notified also must be
identified in a geographic-specific appendix. This section must separately
identify—
(i) The individual(s) or organization(s) to be notified by shipboard personnel; and
(ii) The individual(s) or organization(s) to be notified by shore-based
personnel.
(3) The procedures for notifying the
qualified individual and alternate
qualified individual.
(4) Descriptions of the primary and, if
available, secondary communication
methods by which the notifications
will be made, consistent with the requirements in paragraph (b)(1) of this
section.
(5) The information that is to be provided in the initial and any follow-up
notifications required by paragraph
(b)(1) of this section.
(i) The initial notification may be
submitted in accordance with IMO Resolution A648(16) ‘‘General Principles for
Ship Reporting Systems and Ship Reporting Requirements.’’ It must in-
clude at least the following information:
(A) Vessel name, country of registry,
call sign, IMO international number (if
applicable), and official number (if
any);
(B) Date and time of the incident;
(C) Location of the incident;
(D) Course, speed, and intended track
of vessel;
(E) Radio station(s) and frequencies
guarded;
(F) Date and time of next report;
(G) Type and quantity of oil on
board;
(H) Nature and detail of defects, deficiencies, and damage (e.g., grounding,
collision, hull failure, etc.);
(I) Details of pollution, including estimate of oil discharged or threat of
discharge;
(J) Weather and sea conditions on
scene;
(K) Ship size and type;
(L) Actions taken or planned by persons on scene;
(M) Current conditions of the vessel;
and
(N) Number of crew and details of injuries, if any.
(ii) After the transmission of the initial notification, as much as possible of
the information essential for the protection of the marine environment as
is appropriate to the incident must be
reported to the appropriate on-scene
coordinator in a follow-up report. This
information must include—
(A) Additional details on the type of
cargo on board;
(B) Additional details on the condition of the vessel and ability to transfer cargo, ballast, and fuel;
(C) Additional details on the quantity, extent and movement of the pollution and whether the discharge is
continuing;
(D) Any changes in the on-scene
weather or sea conditions; and
(E) Actions being taken with regard
to the discharge and the movement of
the ship.
(c) Shipboard spill mitigation procedures. This section of the response plan
must identify the vessel’s total volumes of oil carried in bulk as cargo and
meet the applicable requirements of
this paragraph as in paragraph (a)(6) of
this section.
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§ 155.1045
33 CFR Ch. I (7–1–01 Edition)
(1) For vessels carrying 100 barrels or
less of oil in bulk as cargo, the plan
must include a basic emergency action
checklist for vessel personnel including
notification and actions to be taken to
prevent or mitigate any discharge or
substantial threat of such a discharge
of oil from the vessel.
(2) For vessels carrying over 100 barrels of oil but not exceeding 5,000 barrels of oil in bulk as cargo, the plan
must include—
(i) Detailed information on actions to
be taken by vessel personnel to prevent
or mitigate any discharge or substantial threat of such a discharge of oil
from the vessel due to operational activities or casualties;
(ii) Detailed information on damage
control procedures to be followed by
vessel personnel;
(iii) Detailed procedures for internal
or external transfer of oil in bulk as
cargo in an emergency; and
(iv) Procedures for use of any equipment carried aboard the vessel for spill
mitigation.
(3) For vessels carrying over 5,000
barrels of oil as a secondary cargo, the
plan must provide the information required by § 155.1035(c) for shipboard
spill mitigation procedures.
(4) For all vessels, the plan must include responsibilities and actions to be
taken by vessel personnel, if any, to
initiate a response and supervise shorebased response resources.
(d) Shore-based response activities. This
section of the response plan must include the following information:
(1) The qualified individual’s responsibilities and authority, including immediate communication with the Federal on-scene coordinator and notification of the oil spill removal organization(s) identified in the plan.
(2) If applicable, procedures for transferring responsibility for direction of
response activities from vessel personnel to the shore-based spill management team.
(3) The procedures for coordinating
the actions of the vessel owner or operator
with
the
actions
of
the
predesignated Federal on-scene coordinator responsible for overseeing or directing those actions.
(4) The organizational structure that
will be used to manage the response ac-
tions. This structure must include the
following functional areas and must
further include information for key
components within each functional
area:
(i) Command and control;
(ii) Public information;
(iii) Safety;
(iv) Liaison with government agencies;
(v) Spill response operations;
(vi) Planning;
(vii) Logistics support; and
(viii) Finance.
(5) The responsibilities, duties, and
functional job description for each oil
spill management team member within
the organizational structure identified
in paragraph (d)(4) of this section.
(e) List of contacts. The name, location, and 24-hour contact information
for the following key individuals or organizations must be included in this
section or, if more appropriate, in a geographic-specific appendix and referenced in this section:
(1) Vessel owner or operator, and if
applicable, charterer.
(2) Qualified individual and alternate
qualified individual for the vessel’s
area of operation.
(3) Vessel’s local agent(s), if applicable, for the vessel’s area of operation.
(4) Applicable insurance representatives or surveyors for the vessel’s area
of operation.
(5) Person(s) within the identified oil
spill removal organization(s) to notify
for activation of the oil spill removal
organization(s) identified under paragraph (i)(3) of this section for the vessel’s area of operation.
(6) Person(s) to notify for activation
of the spill management team.
(f) Training procedures. (1) This section of the response plan must address
the training procedures and programs
of the vessel owner or operator. The
vessel owner or operator shall ensure
that—
(i) All personnel with responsibilities
under the plan receive training in their
assignments and refresher training as
necessary, and participate in exercises
required under paragraph (g) of this
section. Documented work experience
can be used instead of training; and
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§ 155.1045
(ii) Records of this training are maintained aboard the vessel, at the U.S. location of the spill management team,
or with the qualified individual. The
plan must specify where the records
are located.
(2) Nothing in this section relieves
the vessel owner or operator from responsibility to ensure that all private
shore-based response personnel are
trained to meet the Occupational Safety and Health Administration (OSHA)
standards for emergency response operations in 29 CFR 1910.120.
(g) Exercise procedures. This section of
the response plan must address the exercise program carried out by the vessel owner or operator to evaluate the
ability of vessel and shore-based personnel to perform their identified functions in the plan. The required exercise
frequency for each category of vessel is
as follows:
(1) For vessels carrying 100 barrels or
less of oil as cargo—
(i) On board spill mitigation procedures and qualified individual notification exercises must be conducted annually; and
(ii) Shore-based oil spill removal organization exercises must be conducted
biennially.
(2) For vessels carrying over 100 barrels and up to 5,000 barrels of oil in
bulk as cargo—
(i) On board emergency procedures
and qualified individual notification
exercises must be conducted quarterly;
and
(ii) Shore-based oil spill removal organization exercises must be conducted
annually.
(3) Vessels carrying over 5,000 barrels
of oil in bulk as cargo must meet the
exercise requirement of § 155.1060.
(h) Plan review, update, revision,
amendment, and appeal procedures. This
section of the response plan must address—
(1) The procedures to be followed by
the vessel owner or operator to meet
the requirement of § 155.1070; and
(2) The procedures to be followed for
any post-discharge review of the plan
to evaluate and validate its effectiveness
(i) Geographic-specific appendices for
each COTP zone in which a vessel operates. A geographic-specific appendix
must be included for each COTP zone
identified. The appendix must include
the following information or identify
the location of such information within
the plan:
(1) Required Federal or State notifications applicable to the geographic
areas in which a vessel operates.
(2) Identification of the qualified individuals.
(3) A list of the oil spill removal organization(s) and the spill management
team(s) available to respond to the vessel’s worst case oil discharge in each
COTP zone in which a vessel operates.
The oil spill removal organization(s)
identified must be capable of commencing oil spill containment and onwater recovery within the response
times listed for Tier 1 in § 155.1050(g);
providing temporary storage of recovered oil; and conducting shoreline protection and cleanup operations. An oil
spill removal organization may not be
identified in the plan unless the organization has provided written consent to
being identified in the plan as an available resource.
(j) Appendices for vessel-specific information. This section must include for
each vessel covered by the plan the following information:
(1) List of the vessel’s principal characteristics (i.e., length, beam, gross
tonnage, etc.).
(2) Capacities of all cargo, fuel, lube
oil, ballast, and fresh water tanks.
(3) The total volume and cargo
groups of oil cargo that would be involved in the—
(i) Maximum most probable discharge; and
(ii) Worst case discharge.
(4) Diagrams showing location of all
tanks.
(5) Cargo and fuel piping diagrams
and pumping plan as applicable. These
diagrams and plans can be maintained
separately aboard the vessel providing
the response plan identifies the location.
(6) Location of information on the
name, description, physical and chemical characteristics, health and safety
hazards, and spill and firefighting procedures for the oil cargo aboard the
vessel. A material safety data sheet
meeting the requirements of 29 CFR
1910.1200, cargo information required by
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§ 155.1050
33 CFR Ch. I (7–1–01 Edition)
33 CFR 154.310, or the equivalent, will
meet this requirement. This information can be maintained separately on
board the vessel, providing the response plan identifies the location.
§ 155.1050 Response plan development
and evaluation criteria for vessels
carrying groups I through IV petroleum oil as a primary cargo.
(a) The following criteria must be
used to evaluate the operability of response resources identified in the response plan for the specified operating
environment:
(1) Table 1 of Appendix B of this part.
(i) The criteria in Table 1 of Appendix
B of this part are to be used solely for
identification of appropriate equipment in a response plan.
(ii) These criteria reflect conditions
used for planning purposes to select
mechanical response equipment and
are not conditions that would limit response actions or affect normal vessel
operations.
(2) Limitations that are identified in
the Area Contingency Plans for the
COTP zones in which the vessel operates, including—
(i) Ice conditions;
(ii) Debris;
(iii) Temperature ranges; and
(iv) Weather-related visibility.
(b) The COTP may reclassify a specific body of water or location within
the COTP zone. Any reclassifications
will be identified in the applicable Area
Contingency Plan. Reclassifications
may be to—
(1) A more stringent operating environment if the prevailing wave conditions exceed the significant wave
height criteria during more than 35
percent of the year; or
(2) A less stringent operating environment if the prevailing wave conditions do not exceed the significant
wave height criteria for the less stringent operating environment during
more than 35 percent of the year.
(c) Response equipment must—
(1) Meet or exceed the criteria listed
in Table 1 of Appendix B of this part;
(2) Be capable of functioning in the
applicable operating environment; and
(3) Be appropriate for the petroleum
oil carried.
(d) The owner or operator of a vessel
that carries groups I through IV petro-
leum oil as a primary cargo shall identify in the response plan and ensure the
availability of, through contract or
other approved means, the response resources that will respond to a discharge up to the vessel’s average most
probable discharge.
(1) For a vessel that carries groups I
through IV petroleum oil as its primary cargo, the response resources
must include—
(i) Containment boom in a quantity
equal to twice the length of the largest
vessel involved in the transfer and capable of being deployed at the site of
oil transfer operations—
(A) Within 1 hour of detection of a
spill, when the transfer is conducted
between 0 and 12 miles from the nearest shoreline; or
(B) Within 1 hour plus travel time
from the nearest shoreline, based on an
on-water speed of 5 knots, when the
transfer is conducted over 12 miles up
to 200 miles from the nearest shoreline;
and
(ii) Oil recovery devices and recovered oil storage capacity capable of
being at the transfer site—
(A) Within 2 hours of the detection of
a spill during transfer operations, when
the transfer is conducted between 0 and
12 miles from the nearest shoreline; or
(B) Within 1 hour plus travel time
from the nearest shoreline, based on an
on-water speed of 5 knots, when the
transfer is conducted over 12 miles up
to 200 miles from the nearest shoreline.
(2) For locations of multiple vessel
transfer operations, a vessel may identify the same equipment as identified
by other vessels, provided that each
vessel has ensured access to the equipment through contract or other approved means. Under these circumstances, prior approval by the
Coast Guard is not required for temporary changes in the contracted oil
spill
removal
organization
under
§ 155.1070(c)(5).
(3) The owner or operator of a vessel
conducting transfer operations at a facility required to submit a response
plan under 33 CFR 154.1017 is required
to plan for and identify the response
resources required in paragraph (d)(1)
of this section. However, the owner or
operator is not required to ensure by
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§ 155.1050
contract or other means the availability of such resources.
(e) The owner or operator of a vessel
carrying groups I through IV petroleum oil as a primary cargo must identify in the response plan and ensure the
availability of, through contract or
other approved means, the response resources necessary to respond to a discharge up to the vessel’s maximum
most probable discharge volume.
(1) These resources must be positioned such that they can arrive at the
scene of a discharge within—
(i) 12 hours of the discovery of a discharge in higher volume port areas and
the Great Lakes;
(ii) 24 hours of the discovery of a discharge in all rivers and canals, inland,
nearshore and offshore areas; and
(iii) 24 hours of the discovery of a discharge plus travel time from shore for
open ocean areas.
(2) The necessary response resources
include sufficient containment boom,
oil recovery devices, and storage capacity for any recovery of up to the maximum most probable discharge planning volume.
(3) The response plan must identify
the storage location, make, model, and
effective daily recovery capacity of
each oil recovery device that is identified for plan credit.
(4) The response resources identified
for responding to a maximum most
probable discharge must be positioned
to be capable of meeting the planned
arrival times in this paragraph. The
COTP with jurisdiction over the area
in which the vessel is operating must
be notified whenever the identified response resources are not capable of
meeting the planned arrival times.
(f) The owner or operator of a vessel
carrying groups I through IV petroleum oil as a primary cargo must identify in the response plan and ensure the
availability of, through contract or
other approved means, the response resources necessary to respond to discharges up to the worst case discharge
volume of the oil cargo to the maximum extent practicable.
(1) The location of these resources
must be suitable to meet the response
times identified for the applicable geographic area(s) of operation and response tier.
(2) The response resources must be
appropriate for—
(i) The capacity of the vessel;
(ii) Group(s) of petroleum oil carried
as cargo; and
(iii) The geographic area(s) of vessel
operation.
(3) The resources must include sufficient boom, oil recovery devices, and
storage capacity to recover the planning volumes.
(4) The response plan must identify
the storage location, make, model, and
effective daily recovery capacity of
each oil recovery device that is identified for plan credit.
(5) The guidelines in Appendix B of
this part must be used for calculating
the quantity of response resources required to respond at each tier to the
worst case discharge to the maximum
extent practicable.
(6) When determining response resources necessary to meet the requirements of this paragraph (f)(6), a portion
of those resources must be capable of
use in close-to-shore response activities in shallow water. The following
percentages of the response equipment
identified for the applicable geographic
area must be capable of operating in
waters of 6 feet or less depth:
(i) Open ocean—none.
(ii) Offshore—10 percent.
(iii) Nearshore, inland, Great Lakes,
and rivers and canals—20 percent.
(7) Response resources identified to
meet the requirements of paragraph
(f)(6) of this section are exempt from
the significant wave height planning
requirements of Table 1 of Appendix B
of this part.
(g) Response equipment identified to
respond to a worst case discharge must
be capable of arriving on scene within
the times specified in this paragraph
for the applicable response tier in a
higher volume port area, Great Lakes,
and in other areas. Response times for
these tiers from the time of discovery
of a discharge are—
Higher volume port
area (except tankers in Prince William Sound covered by
§ 155.1135).
Great Lakes .............
Tier 1
Tier 2
12 hrs ......
36 hrs ......
60 hrs
Tier 3
18 hrs ......
42 hrs ......
66 hrs
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§ 155.1050
All other rivers & canals, inland, nearshore, and offshore areas.
Open ocean (plus
travel time from
shore).
33 CFR Ch. I (7–1–01 Edition)
Tier 1
Tier 2
24 hrs ......
48 hrs ......
72 hrs
24 hrs+ ....
48 hrs+ ....
72 hrs+
CFR part 300) and the applicable Area Contingency Plan.
Tier 3
(h) For the purposes of arranging for
response resources through contract or
other approved means, response equipment identified for Tier 1 plan credit
must be capable of being mobilized and
enroute to the scene of a discharge
within 2 hours of notification. The notification procedures identified in the
plan must provide for notification and
authorization for mobilization of identified Tier 1 response resources—
(1) Either directly or through the
qualified individual; and
(2) Within 30 minutes of a discovery
of a discharge or substantial threat of
discharge.
(i) Response resources identified for
Tier 2 and Tier 3 plan credit must be
capable of arriving on scene within the
time listed for the applicable tier.
(j) The response plan for a vessel carrying group II or III persistent petroleum oils as a primary cargo that operates in areas with year-round pre-approval for dispersant use may request a
credit against up to 25% of the onwater oil recovery capability for each
worst case discharge tier necessary to
meet the requirements of this subpart.
To receive this credit, the vessel owner
or operator shall identify in the response plan and ensure, through contract or other approved means, the
availability of the dispersants and the
necessary resources to apply those
agents appropriate for the type of oil
carried and to monitor the effectiveness of the dispersants. The extent of
the credit will be based on the volumes
of dispersant available to sustain operations at manufacturers’ recommended
dosage rates. Dispersant resources
identified for plan credit must be capable of being on scene within 12 hours of
discovery of a discharge.
NOTE: Identification of these resources
does not imply that they will be authorized
for use. Actual authorization for use during
a spill response will be governed by the provisions of the National Oil and Hazardous
Substances Pollution Contingency Plan (40
(k)(1) The owner or operator of a vessel carrying groups I through IV petroleum oil as a primary cargo must identify in the response plan and ensure the
availability of, through contract or
other approved means, the following
resources:
(i) A salvage company with expertise
and equipment.
(ii) A company with vessel firefighting capability that will respond to
casualties in the area(s) in which the
vessel will operate.
(2) Vessel owners or operators must
identify intended sources of the resources required under paragraph (k)(1)
of this section capable of being deployed to the areas in which the vessel
will operate. Provider(s) of these services may not be listed in the plan unless they have provided written consent to be listed in the plan as an available resource.
(3) To meet this requirement in a response plan submitted for reapproval
on or after February 18, 1998, the identified resources must be capable of
being deployed to the port nearest to
the area in which the vessel operates
within 24 hours of notification.
(l) The owner or operator of a vessel
carrying groups I through IV petroleum oil as a primary cargo must identify in the response plan and ensure the
availability of, through contract or
other approved means, certain response
resources required by § 155.1035(c)(5)(ii)
or § 155.1040(c)(5)(i), as appropriate.
(1) These resources must include—
(i) Fendering equipment;
(ii) Transfer hoses and connection
equipment; and
(iii) Portable pumps and ancillary
equipment necessary to offload the vessel’s largest cargo tank in 24 hours of
continuous operation.
(2) These resources must be capable
of reaching the locations in which the
vessel operates within the stated times
following notification:
(i) Inland (except tankers in Prince
William Sound covered by § 155.1130),
nearshore, and Great Lakes waters—12
hours.
(ii) Offshore waters and rivers and canals—18 hours.
(iii) Open ocean waters—36 hours.
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§ 155.1050
(3) For barges operating on rivers and
canals as defined in this subpart, the
requirements of this paragraph (l)(3)
may be met by listing resources capable of meeting the response times in
paragraph (l)(2) of this section. Such
resources may not be identified in a
plan unless the response organization
has provided written consent to be listed in a plan as an available resource.
(m) The owner or operator of a vessel
carrying groups I through IV petroleum oil as a primary cargo must identify in the response plan and ensure the
availability of, through contract or
other approved means, response resources necessary to perform shoreline
protection operations.
(1) The response resources must include the quantities of boom listed in
Table 2 of Appendix B of this part,
based on the areas in which the vessel
operates.
(2) Vessels that intend to offload
their cargo at the Louisiana Offshore
Oil Port (LOOP) marine terminal are
not required to comply with the requirements of this paragraph when
they are within the offshore area and
under one of the following conditions:
(i) Approaching or departing the
LOOP marine terminal within the
LOOP Shipping Safety Fairway, as defined in 33 CFR 166.200.
(ii) Moored at the LOOP marine terminal for the purposes of cargo transfer operations or anchored in the designated anchorage area awaiting discharge.
(n) The owner or operator of a vessel
carrying groups I through IV petroleum oil as a primary cargo must identify in the response plan and ensure the
availability of, through contract or
other approved means, an oil spill removal organization capable of effecting
a shoreline cleanup operation commensurate with the quantity of emulsified
petroleum oil to be planned for in
shoreline cleanup operations.
(1) The shoreline cleanup resources
required must be determined as described in Appendix B of this part.
(2) Vessels that intend to offload
their cargo at the Louisiana Offshore
Oil Port (LOOP) marine terminal are
not required to comply with the requirements of this paragraph when
they are within the offshore area and
under one of the following conditions:
(i) Approaching or departing the
LOOP marine terminal within the
LOOP Shipping Safety Fairway as defined in 33 CFR 166.200.
(ii) Moored at the LOOP marine terminal for the purposes of cargo transfer operations or anchored in the designated anchorage area awaiting discharge.
(o) Appendix B of this part sets out
caps that recognize the practical and
technical limits of response capabilities for which an individual vessel
owner or operator can contract in advance. Table 6 in Appendix B lists the
contracting caps that are applicable, as
of February 18, 1993, and that are slated
to apply on February 18, 1998. The
owner or operator of a vessel carrying
groups I through IV petroleum oil as a
primary cargo, whose required daily recovery capacity exceeds the applicable
contracting caps in Table 6, shall identify commercial sources of additional
equipment equal to twice the cap listed
for each tier or the amount necessary
to reach the calculated planning volume, whichever is lower, to the extent
that this equipment is available. The
equipment so identified must be capable of arriving on scene no later than
the applicable tier response times contained in § 155.1050(g) or as quickly as
the nearest available resource permits.
A response plan must identify the specific sources, locations, and quantities
of this additional equipment. No contract is required.
(p) The Coast Guard will initiate a
review of cap increases and other requirements contained within this subpart that are scheduled to be phased-in
over time. Any changes in the requirements of this section will occur
through a public notice and comment
process.
(1) During this review, the Coast
Guard will determine if the scheduled
increase remains practicable, and will
also establish a specific cap for 2003.
The review will include—
(i) Increases in skimming efficiencies
and design technology;
(ii) Oil tracking technology;
(iii) High rate response techniques;
(iv) Other applicable response technologies; and
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§ 155.1052
33 CFR Ch. I (7–1–01 Edition)
(v) Increases in the availability of
private response resources.
(2) All scheduled future requirements
will take effect unless the Coast Guard
determines that they are not practicable. Scheduled changes will be effective on February 18, 1998 and 2003
unless the review of the additional requirements have not been completed by
the Coast Guard. If this occurs, the
changes will not be effective until 90
days after publication of a FEDERAL
REGISTER notice with the results of the
review.
EFFECTIVE DATE NOTE: By USCG–98–3417, 63
FR 7071, Feb. 12, 1998, § 155.1050, paragraph
(k)(3), was suspended from Feb. 12, 1998 until
Feb. 12, 2001. At 66 FR 3878, Jan. 17, 2001,
paragraph (k)(3) was suspended from Feb. 12,
2001 until Feb. 12, 2004.
§ 155.1052 Response plan development
and evaluation criteria for vessels
carrying group V petroleum oil as a
primary cargo.
(a) Owners and operators of vessels
that carry group V petroleum oil as a
primary cargo must provide information in their plan that identifies—
(1) Procedures and strategies for responding to discharges up to a worst
case discharge of group V petroleum
oils to the maximum extent practicable; and
(2) Sources of the equipment and supplies necessary to locate, recover, and
mitigate such a discharge.
(b) Using the criteria in Table 1 of
Appendix B of this part, an owner or
operator of a vessel carrying group V
petroleum oil as a primary cargo must
ensure that any equipment identified
in a response plan is capable of operating in the conditions expected in the
geographic area(s) in which the vessel
operates. When evaluating the operability of equipment, the vessel owner
or operator must consider limitations
that are identified in the Area Contingency Plans for the COTP zones in
which the vessel operates, including—
(1) Ice conditions;
(2) Debris;
(3) Temperature ranges; and
(4) Weather-related visibility.
(c) The owner or operator of a vessel
carrying group V petroleum oil as a
primary cargo must identify in the response plan and ensure, through contract or other approved means, the
availability of required equipment, including—
(1) Sonar, sampling equipment, or
other methods for locating the oil on
the bottom or suspended in the water
column;
(2) Containment boom, sorbent boom,
silt curtains, or other methods for containing oil that may remain floating
on the surface or to reduce spreading
on the bottom;
(3) Dredges, pumps, or other equipment necessary to recover oil from the
bottom and shoreline; and
(4) Other appropriate equipment necessary to respond to a discharge involving the type of oil carried.
(d) Response resources identified in a
response plan under paragraph (c) of
this section must be capable of being
deployed within 24 hours of discovery
of a discharge to the port nearest the
area where the vessel is operating. An
oil spill removal organization may not
be listed in the plan unless the oil spill
removal organization has provided
written consent to be listed in the plan
as an available resource.
(e) The owner or operator of a vessel
carrying group V petroleum oil as a
primary cargo shall identify in the response plan and ensure the availability
of the following resources through contract or other approved means—
(1) A salvage company with appropriate expertise and equipment; and
(2) A company with vessel firefighting capability that will respond to
casualties in the area(s) in which the
vessel is operating.
(f) Vessel owners or operators must
identify intended sources of the resources required under paragraph (e) of
this section capable of being deployed
to the areas in which the vessel will operate. A company may not be listed in
the plan unless the company has provided written consent to be listed in
the plan as an available resource. To
meet this requirement in a response
plan submitted for approval or reapproval on or after February 18, 1998,
the vessel owner or operator must identify both the intended sources of this
capability and demonstrate that the
resources are capable of being deployed
to the port nearest to the area where
the vessel operates within 24 hours of
discovery of a discharge.
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Coast Guard, DOT
§ 155.1060
(g) The owner or operator of a vessel
carrying group V petroleum oil as a
primary cargo shall identify in the response plan and ensure the availability
of certain resources required by
§§ 155.1035(c)(5)(ii) and 155.1040(c)(5)(i),
as applicable, through contract or
other approved means.
(1) Resources must include—
(i) Fendering equipment;
(ii) Transfer hoses and connection
equipment; and
(iii) Portable pumps and ancillary
equipment necessary to offload the vessel’s largest cargo tank in 24 hours of
continuous operation.
(2) Resources must be capable of
reaching the locations in which the
vessel operates within the stated times
following notification:
(i) Inland, nearshore, and Great
Lakes waters—12 hours.
(ii) Offshore waters and rivers and canals—18 hours.
(iii) Open ocean waters—36 hours.
(3) For barges operating in rivers and
canals as defined in this subpart, the
requirements of this paragraph (g)(3)
may be met by listing resources capable of being deployed in an area within
the response times in paragraph (g)(2)
of this section. A vessel owner or operator may not identify such resources in
a plan unless the response organization
has provided written consent to be
identified in a plan as an available resource.
EFFECTIVE DATE NOTE: By USCG–98–3417, 63
FR 7071, Feb. 12, 1998, § 155.1052, the last sentence in paragraph (f) was suspended from
Feb. 12, 1998 until Feb. 12, 2001. At 66 FR 3878,
Jan. 17, 2001, the last sentence in paragraph
(f) was suspended from Feb. 12, 2001 until
Feb. 12, 2004.
§ 155.1055 Training.
(a) A response plan submitted to
meet the requirements of § 155.1035
must identify the training to be provided to persons having responsibilities
under the plan, including members of
the vessel crew, the qualified individual, and the spill management
team. A response plan submitted to
meet the requirements of § 155.1040
must identify the training to be provided to the spill management team,
the qualified individual, and other personnel in § 155.1040 with specific respon-
sibilities under the plan including
tankermen and members of the towing
vessel crew. The training program
must differentiate between that training provided to vessel personnel and
that training provided to shore-based
personnel. Appendix C of this part provides additional guidance regarding
training.
(b) A vessel owner or operator shall
ensure the maintenance of records sufficient to document this training and
make them available for inspection
upon request by the Coast Guard.
Records must be maintained for 3 years
following completion of training. The
response plan must identify the location of training records, which must
be—
(1) On board the vessel;
(2) With the qualified individual; or
(3) At a U.S. location of the spill
management team.
(c) A vessel owner or operator may
identify equivalent work experience
which fulfills specific training requirements.
(d) The vessel owner or operator shall
ensure that any oil spill removal organization identified in a response plan
to meet the requirements of this part
maintains records sufficient to document training for the organization’s
personnel. These records must be available for inspection upon request by the
Coast Guard. Records must be maintained for 3 years following completion
of training.
(e) Nothing in this section relieves
the vessel owner or operator from the
responsibility to ensure that all private shore-based response personnel
are trained to meet the Occupational
Safety and Health Administration
(OSHA) standards for emergency response operations in 29 CFR 1910.120.
(f) A training plan may be prepared
in accordance with Training Elements
for Oil Spill Response to satisfy the requirements of this section.
§ 155.1060 Exercises.
(a) A vessel owner or operator required by §§ 155.1035 and 155.1040 to have
a response plan shall conduct exercise
as necessary to ensure that the plan
will function in an emergency. Both
announced and unannounced exercises
must be included. The following are the
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§ 155.1062
33 CFR Ch. I (7–1–01 Edition)
minimum exercise requirements for
vessels covered by this subpart:
(1) Qualified individual notification
exercises, which must be conducted
quarterly;
(2) Emergency procedures exercises,
which must be conducted quarterly;
(3) Shore-based spill management
team tabletop exercises, which must be
conducted annually. In a triennial period, at least one of these exercises
must include a worst case discharge
scenario;
(4) Oil spill removal organization
equipment
deployment
exercises,
which must be conducted annually; and
(5) An exercise of the entire response
plan, which must be conducted every 3
years. The vessel owner or operator
shall design the exercise program so
that all components of the response
plan are exercised at least once every 3
years. All of the components do not
have to be exercised at one time; they
may be exercised over the 3-year period
through the required exercises or
through an area exercise.
(b) Annually, at least one of the exercises listed in § 155.1060(a) (2) and (4)
must be unannounced. An unannounced
exercise is one in which the personnel
participating in the exercise have not
been advised in advance of the exact
date, time, and scenario of the exercise.
(c) A vessel owner or operator shall
participate in unannounced exercises,
as directed by the Coast Guard COTP.
The objectives of the unannounced exercises will be to evaluate notifications
and equipment deployment for responses to average most probable discharge spill scenarios outlined in vessel response plans. The unannounced
exercises will be limited to four per
area per year, an area being that geographic area for which a separate and
distinct Area Contingency Plan has
been prepared, as described in the Oil
Pollution Act of 1990. After participating in an unannounced exercise directed by a COTP, the owner or operator will not be required to participate
in another unannounced exercise for at
least 3 years from the date of the exercise.
(d) A vessel owner or operator shall
participate in area exercises as directed by the applicable on-scene coor-
dinator. The area exercises will involve
equipment deployment to respond to
the spill scenario developed by the exercise design team, of which the vessel
owner or operator will be a member.
After participating in an area exercise,
a vessel owner or operator will not be
required to participate in another area
exercise for at least 6 years.
(e) The vessel owner or operator shall
ensure that adequate exercise records
are maintained. The following records
are required:
(1) On board the vessel, records of the
qualified individual notification exercises and the emergency procedures exercises. These exercises may be documented in the ship’s log or may be kept
in a separate exercise log.
(2) At the United States’ location of
either the qualified individual, spill
management team, the vessel owner or
operator, or the oil spill removal organization, records of exercises conducted off the vessel. Response plans
must indicate the location of these
records.
(f) Records described in paragraph (e)
of this section must be maintained and
available to the Coast Guard for 3
years following completion of the exercises.
(g) The response plan submitted to
meet the requirements of this subpart
must specify the planned exercise program. The plan shall detail the exercise program, including the types of exercises, frequencies, scopes, objectives,
and the scheme for exercising the entire response plan every 3 years.
(h) Compliance with the National
Preparedness for Response Exercise
Program (PREP) Guidelines will satisfy the vessel response plan exercise
requirements. These guidelines are
available from the United States Government Printing Office, North Capitol
and H Sts., NW., Washington, DC 20402.
§ 155.1062 Inspection and maintenance
of response resources.
(a) The owner or operator of a vessel
required to submit a response plan
under this part must ensure that—
(1) Containment booms, skimmers,
vessels, and other major equipment
listed or referenced in the plan are periodically inspected and maintained in
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§ 155.1065
good operating condition, in accordance
with
manufacturer’s
recommendations and best commercial
practices; and
(2) All inspections and maintenance
are documented and that these records
are maintained for 3 years.
(b) For equipment which must be inspected and maintained under this section the Coast Guard may—
(1) Verify that the equipment inventories exist as represented;
(2) Verify the existence of records required under this section;
(3) Verify that the records of inspection and maintenance reflect the actual condition of any equipment listed
or referenced; and
(4) Inspect and require operational
tests of equipment.
(c) This section does not apply to
containment booms, skimmers, vessels,
and other major equipment listed or
referenced in the plan and ensured
available through the written consent
of an oil spill removal organization, as
described in the definition of ‘‘contract
or other approved means’’ at § 155.1020.
§ 155.1065 Procedures for plan submission, approval, requests for acceptance of alternative planning criteria, and appeal.
(a) An owner or operator of a vessel
to which this subpart applies shall submit one complete English language
copy of a vessel response plan to Commandant (G–MOR), Coast Guard, 2100
Second Street SW., Washington, DC
20593–0001. The plan must be submitted
at least 60 days before the vessel intends to handle, store, transport, transfer, or lighter oil in areas subject to
the jurisdiction of the United States.
(b) The owner or operator shall include a statement certifying that the
plan meets the applicable requirements
of subparts D, E, F, and G of this part
and shall include a statement indicating whether the vessel(s) covered by
the plan are manned vessels carrying
oil as a primary cargo, unmanned vessels carrying oil as a primary cargo, or
vessels carrying oil as a secondary
cargo.
(c) If the Coast Guard determines
that the plan meets all requirements of
this subpart, the Coast Guard will notify the vessel owner or operator with
an approval letter. The plan will be
valid for a period of up to 5 years from
the date of approval.
(d) If the Coast Guard reviews the
plan and determines that it does not
meet all of the requirements, the Coast
Guard will notify the vessel owner or
operator of the response plan’s deficiencies. The vessel owner or operator
must then resubmit the revised plan,
or corrected portions of the plan, within the time period specified in the written notice provided by the Coast
Guard.
(e) For those vessels temporarily authorized under § 155.1025 to operate
without an approved plan pending formal Coast Guard approval, the deficiency provisions of § 155.1070(c), (d),
and (e) will also apply.
(f) When the owner or operator of a
vessel believes that national planning
criteria contained elsewhere in this
part are inappropriate to the vessel for
the areas in which it is intended to operate, the owner or operator may request acceptance of alternative planning criteria by the Coast Guard. Submission of a request must be made 90
days before the vessel intends to operate under the proposed alternative and
must be forwarded to the COTP for the
geographic area(s) affected.
(g) An owner or operator of a United
States flag vessel may meet the response plan requirements of Regulation
26 of MARPOL 73/78 and subparts D, E,
F, and G of this part by stating in writing, according to the provisions of
§ 155.1030(j), that the plan submitted is
intended to address the requirements
of both Regulation 26 of MARPOL 73/78
and the requirements of subparts D, E,
F, and G of this part.
(h) Within 21 days of notification
that a plan is not approved, the vessel
owner or operator may appeal that determination to the Assistant Commandant for Marine Safety and Environmental Protection. This appeal
must be submitted in writing to Commandant (G–M), Coast Guard, 2100 Second Street SW., Washington, DC 20593–
0001.
[CGD 91–034, 61 FR 1081, Jan. 12, 1996, as
amended by CGD 96–026, 61 FR 33666, June 28,
1996; CGD 97–023, 62 FR 33364, June 19, 1997]
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§ 155.1070
33 CFR Ch. I (7–1–01 Edition)
§ 155.1070 Procedures for plan review,
revision, amendment, and appeal.
(a) A vessel response plan must be reviewed annually by the owner or operator.
(1) This review must occur within 1
month of the anniversary date of Coast
Guard approval of the plan.
(2) The owner or operator shall submit any plan amendments to the Coast
Guard for information or approval. Revisions to a plan must include a cover
page that provides a summary of the
changes being made and the pages
being affected. Revised pages must further include the number of the revision
and date of that revision.
(3) Any required changes must be entered in the plan and noted on the
record of changes page. The completion
of the annual review must also be
noted on the record of changes page.
(b) The owner or operator of a vessel
covered by subparts D, E, F, and G of
this part shall resubmit the entire plan
to the Coast Guard for approval—
(1) Six months before the end of the
Coast Guard approval period identified
in § 155.1065(c); and
(2) Whenever there is a change in the
owner or operator of the vessel, if that
owner or operator provided the certifying
statement
required
by
§ 155.1065(b). If this change occurs, a
new statement certifying that the plan
continues to meet the applicable requirements of subparts D, E, F, and G
of this part must be submitted.
(c) Revisions or amendments to an
approved response plan must be submitted for approval by the vessel’s
owner or operator whenever there is—
(1) A change in the owner or operator
of the vessel, if that owner or operator
is not the one who provided the certifying
statement
required
by
§ 155.1065(b);
(2) A change in the vessel’s operating
area that includes ports or geographic
area(s) not covered by the previously
approved plan. A vessel may operate in
an area not covered in a previously approved plan upon receipt of written acknowledgment by the Coast Guard that
a new geographic-specific appendix has
been submitted for approval by the vessel’s owner or operator and the certification required in § 155.1025(c) has been
provided;
(3) A significant change in the vessel’s configuration that affects the information included in the response
plan;
(4) A change in the type of oil cargo
carried aboard (oil group) that affects
the required response resources, except
as authorized by the COTP for purposes
of assisting in an oil spill response activity;
(5) A change in the identification of
the oil spill removal organization(s) or
other response related resource required by §§ 155.1050, 155.1052, 155.1230, or
155.2230, as appropriate, except an oil
spill removal organization required by
§ 155.1050(d) which may be changed on a
case by case basis for an oil spill removal organization previously classified by the Coast Guard which has been
ensured available by contract or other
approved means;
(6) A significant change in the vessel’s emergency response procedures;
(7) A change in the qualified individual;
(8) The addition of a vessel to the
plan. This change must include the vessel-specific appendix required by this
subpart and the owner or operator’s
certification required in § 155.1025(c); or
(9) Any other significant changes
that affect the implementation of the
plan.
(d) Thirty days in advance of operation, the owner or operator shall submit any revision or amendments identified in paragraph (c) of this section.
The
certification
required
in
§ 155.1065(b) must be submitted along
with the revisions or amendments.
(e) The Coast Guard may require a
vessel owner or operator to revise a response plan at any time if it is determined that the response plan does not
meet the requirements of this subpart.
The Coast Guard will notify the vessel
owner or operator in writing of any deficiencies and any operating restrictions. Deficiencies must be corrected
and submitted for acceptance within
the time period specified in the written
notice provided by the Coast Guard or
the plan will be declared invalid and
any further storage, transfer, handling,
transporting or lightering of oil in
areas subject to the jurisdiction of the
United States will be in violation of
section 311(j)(5)(E) of the Federal Water
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Coast Guard, DOT
§ 155.1120
Pollution Control Act (FWPCA) (33
U.S.C. 1321(j)(5)(E)).
(f) A vessel owner or operator who
disagrees with a deficiency determination may submit a petition for reconsideration to Assistant Commandant
for Marine Safety and Environmental
Protection, Commandant (G–M), Coast
Guard
Headquarters,
2100
Second
Street, SW., Washington, DC 20593–0001
within the time period required for
compliance or within 7 days from the
date of receipt of the Coast Guard notice of a deficiency determination,
whichever is less. After considering all
relevant material presented, the Coast
Guard will notify the vessel owner or
operator of the final decision.
(1) Unless the vessel owner or operator petitions for reconsideration of
the Coast Guard’s decision, the vessel’s
owner or operator must correct the response plan deficiencies within the period specified in the Coast Guard’s initial determination.
(2) If the vessel owner or operator petitions the Coast Guard for reconsideration, the effective date of the Coast
Guard notice of deficiency determination may be delayed pending a decision
by the Coast Guard. Petitions to the
Coast Guard must be submitted in
writing, via the Coast Guard official
who issued the requirement to amend
the response plan, within 5 days of receipt of the notice.
(g) Except as required in paragraph
(c) of this section, amendments to personnel and telephone number lists included in the response plan do not require prior Coast Guard approval.
(h) The Coast Guard and all other
holders of the response plan shall be
advised of any revisions to personnel
and telephone numbers and provided a
copy of these revisions as they occur.
[CGD 91–034, 61 FR 1081, Jan. 12, 1996, as
amended by CGD 96–026, 61 FR 33666, June 28,
1996; CGD 97–023, 62 FR 33364, June 19, 1997]
Subpart E—Additional Response
Plan Requirements for Tankers
Loading Cargo at a Facility
Permitted Under the TransAlaska Pipeline Authorization
Act
SOURCE: CGD 91–034, 61 FR 1097, Jan. 12,
1996, unless otherwise noted.
§ 155.1110
Purpose and applicability.
(a) This subpart establishes oil spill
response planning requirements for an
owner or operator of a tanker loading
cargo at a facility permitted under the
Trans-Alaska Pipeline Authorization
Act (TAPAA) (43 U.S.C. 1651 et seq.) in
Prince William Sound, Alaska, in addition to the requirements of subpart D
of this part. The requirements of this
subpart are intended for use in developing response plans and identifying
response resources during the planning
process, they are not performance
standards.
(b) The information required in this
subpart must be included in a Prince
William Sound geographic-specific appendix to the vessel response plan required by subpart D of this part.
§ 155.1115
Definitions.
Except as provided in this section,
the definitions in § 155.1020 apply to
this subpart.
Prince William Sound means all State
and Federal waters within Prince William Sound, Alaska, including the approach to Hinchinbrook Entrance out
to and encompassing Seal Rock.
§ 155.1120 Operating restrictions and
interim operating authorization.
The owner or operator of a tanker to
which this subpart applies may not
load cargo at a facility permitted
under the Trans-Alaska Pipeline Authorization Act unless the requirements of this subpart and § 155.1025
have been met. The owner or operator
of such a tanker shall certify to the
Coast Guard that they have provided,
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| File Type | application/pdf |
| File Modified | 2014-12-17 |
| File Created | 2014-12-17 |