1625-0066 Stat/Authority

Coast Guard, DHS

§ 151.26

(1) Ballasting or cleaning of fuel oil
tanks;
(2) Discharge of ballast containing an
oily mixture or cleaning water from
fuel oil tanks;
(3) Disposal of oil residue; and
(4) Discharge overboard or disposal
otherwise of bilge water that has accumulated in machinery spaces.
(e) Entries shall be made in the Oil
Record Book on each occasion, on a
tank to tank basis if appropriate,
whenever any of the following cargo/
ballast operations take place on any oil
tanker to which this section applies—
(1) Loading of oil cargo;
(2) Internal transfer of oil cargo during voyage;
(3) Unloading of oil cargo;
(4) Ballasting of cargo tanks and
dedicated clean ballast tanks;
(5) Cleaning of cargo tanks including
crude oil washing;
(6) Discharge of ballast except from
segregated ballast tanks;
(7) Discharge of water from slop
tanks;
(8) Closing of all applicable valves or
similar devices after slop tank discharge operations;
(9) Closing of valves necessary for
isolation of dedicated clean ballast
tanks from cargo and stripping lines
after slop tank discharge operations;
and
(10) Disposal of oil residue.
(f) Entries shall be made in the Oil
Record Book on each occasion, on a
tank-to-tank basis if appropriate,
whenever any of the following operations take place on a fixed or floating
drilling rig or other platform to which
this section applies—
(1) Discharge of ballast or cleaning
water from fuel oil tanks; and
(2) Discharge overboard of platform
machinery space bilge water.
(g) In the event of an emergency, accidental or other exceptional discharge
of oil or oily mixture, a statement
shall be made in the Oil Record Book of
the circumstances of, and the reasons
for, the discharge.
(h) Each operation described in paragraphs (d), (e) and (f) of this section
shall be fully recorded without delay in
the Oil Record Book so that all the entries in the book appropriate to that
operation are completed. Each com-

pleted operation shall be signed by the
person or persons in charge of the operations concerned and each completed
page shall be signed by the master or
other person having charge of the ship.
(i) The Oil Record Book shall be kept
in such a place as to be readily available for inspection at all reasonable
times and shall be kept on board the
ship.
(j) The master or other person having
charge of a ship required to keep an Oil
Record Book shall be responsible for
the maintenance of such record.
(k) The Oil Record Book for a U.S.
ship shall be maintained on board for
not less than three years.
(l) This section does not apply to a
barge or a fixed or floating drilling rig
or other platform that is not equipped
to discharge overboard any oil or oily
mixture.
(m) This section does not apply to a
fixed or floating drilling rig or other
platform that is operating in compliance with a valid National Pollutant
Discharge
Elimination
System
(NPDES) permit.
(Approved by the Office of Management and
Budget under control number 2115–0025)
[CGD 75–124a, 48 FR 45709, Oct. 6, 1983; 48 FR
54977, Dec. 8, 1983, as amended by CGD 88–
002A, 55 FR 18582, May 2, 1990; USCG–2000–
7641, 66 FR 55571, Nov. 2, 2001]

§ 151.26 Shipboard oil pollution emergency plans.
(a) Language of the plan. The shipboard oil pollution emergency plan
must be available on board in English
and in the working language of the
master and the officers of the ship, if
other than English.
(b) Plan format. The plan must contain the following six sections. A seventh non-mandatory section may be included at the shipowner’s discretion:
(1) Introduction. This section must
contain the following:
(i) Introductory text. The introductory
text of the plan must contain the following language (For ships operating
in Antarctica, the introductory text of
the plan must contain the following
language and explain that they are in
accordance with the Protocol on Environmental Protection to the Antarctic
Treaty):

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§ 151.26

33 CFR Ch. I (7–1–06 Edition)

This plan is written in accordance with the
requirements of Regulation 26 of Annex I of
the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto
(MARPOL 73/78).
The purpose of the plan is to provide guidance to the master and officers on board the
ship with respect to the steps to be taken
when a pollution incident has occurred or is
likely to occur.
The plan contains all information and
operational instructions required by the
guidelines (Resolution MEPC.54(32)). The appendices contain names, telephone numbers,
telex numbers, etc. of all contacts referenced
in the plan, as well as other reference material.
This plan has been approved by the Coast
Guard and, except as provided below, no alteration or revision may be made to any part
of it without the prior approval of the Coast
Guard.
Changes to the seventh section of the plan
and the appendices do not require approval
by the Coast Guard. The appendices must be
maintained up-to-date by the owners, operators, and managers.

(ii) General information.
(A) The ship’s name, call sign, official number, International Maritime
Organization (IMO) international number, and principal characteristics.
(B) [Reserved]
(2) Preamble. This section must contain an explanation of the purpose and
use of the plan and indicate how the
shipboard plan relates to other shorebased plans.
(3) Reporting Requirements. This section of the plan must include information relating to the following:
(i) When to report. A report shall be
made whenever an incident involves—

(A) A discharge of oil or oily mixture
resulting from damage to the ship or
its equipment, or for the purpose of securing the safety of a ship or saving
life at sea;
(B) A discharge of oil or oily mixture
during the operation of the ship in excess of the quantities or instantaneous
rate permitted in § 151.10 of this subpart or in § 157.37 of this subchapter; or
(C) A probable discharge. Factors to
be considered in determining whether a
discharge is probable include, but are
not limited to: ship location and proximity to land or other navigational
hazards, weather, tide, current, sea
state, and traffic density. The master
must make a report in cases of collision, grounding, fire, explosion, structural failure, flooding or cargo shifting,
or an incident resulting in failure or
breakdown of steering gear, propulsion,
electrical generating system, or essential shipborne navigational aids.
(ii) Information required. This section
of the plan must include a notification
form, such as that depicted in Table
151.26(b)(3)(ii)(A), that contains information to be provided in the initial and
follow-up notifications. The initial notification should include as much of
the information on the form as possible, and supplemental information, as
appropriate. However, the initial notification must not be delayed pending
collection of all information. Copies of
the form must be placed at the location(s) on the ship from which notification may be made.

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Coast Guard, DHS

§ 151.26

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§ 151.26

33 CFR Ch. I (7–1–06 Edition)

(iii) Whom to contact. (A) This section
of the plan must make reference to the
appendices listing coastal state contacts, port contacts, and ship interest
contacts.
(B) For actual or probable discharges
of oil, or oily mixtures the reports
must comply with the procedures described in MARPOL Protocol I. The reports shall be directed to either the
nearest Captain of the Port (COTP) or
to the National Response Center
(NRC), toll free number 800–424–8802.
(C) For Antarctica, in addition to
compliance with paragraph (b)(3)(iii)(B)
of this section, reports shall also be directed to any Antarctic station that
may be affected.
(4) Steps to control a discharge. This
section of the plan must contain a discussion of procedures to address the
following scenarios:
(i) Operational spills: The plan must
outline procedures for removal of oil

spilled and contained on deck. The plan
must also provide guidance to ensure
proper disposal of recovered oil and
cleanup materials;
(A) Pipe leakage: The plan must provide specific guidance for dealing with
pipe leakage;
(B) Tank overflow: The plan must include procedures for dealing with tank
overflows. It must provide alternatives
such as transferring cargo or bunkers
to empty or slack tanks, or readying
pumps to transfer the excess ashore;
(C) Hull leakage: The plan must outline procedures for responding to spills
due to suspected hull leakage, including guidance on measures to be taken
to reduce the head of oil in the tank involved either by internal transfer or
discharge ashore. Procedures to handle
situations where it is not possible to
identify the specific tank from which

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Coast Guard, DHS

§ 151.26

leakage is occurring must also be provided. Procedures for dealing with suspected hull fractures must be included.
These procedures must take into account the effect of corrective actions
on hull stress and stability.
(ii) Spills resulting from casualties:
Each of the casualties listed below
must be treated in the plan as a separate section comprised of various
checklists or other means which will
ensure that the master considers all
appropriate factors when addressing
the specific casualty. These checklists
must be tailored to the specific ship. In
addition to the checklists, specific personnel assignments for anticipated
tasks must be identified. Reference to
existing fire control plans and muster
lists is sufficient to identify personnel
responsibilities in the following situations:
(A) Grounding;
(B) Fire or explosion;
(C) Collision;
(D) Hull failure; and
(E) Excessive list.
(iii) In addition to the checklist and
personnel duty assignments required
by paragraph (b)(4)(ii) of this section,
the plan must include—
(A) Priority actions to ensure the
safety of personnel and the ship, assess
the damage to the ship, and take appropriate further action;
(B) Information for making damage
stability and longitudinal strength assessments, or contacting classification
societies to acquire such information.
Nothing in this section shall be construed as creating a requirement for
damage stability plans or calculations
beyond those required by law or regulation; and
(C) Lightening procedures to be followed in cases of extensive structural
damage. The plan must contain information on procedures to be followed for
ship-to-ship transfer of cargo. Reference may be made in the plan to existing company guides. A copy of such
company procedures for ship-to-ship
transfer operations must be kept in the
plan. The plan must address the coordination of this activity with the coastal
or port state, as appropriate.
(5) National and Local Coordination. (i)
This section of the plan must contain
information to assist the master in ini-

tiating action by the coastal State,
local government, or other involved
parties. This information must include
guidance to assist the master with organizing a response to the incident
should a response not be organized by
the shore authorities. Detailed information for specific areas may be included as appendices to the plan.
(ii) For Antarctica, a vessel owner or
operator must include a plan for
prompt and effective response action to
such emergencies as might arise in the
performance of its vessel’s activities.
(iii) To comply with paragraph
(b)(5)(ii) of this section, an agency of
the United States government may
promulgate a directive providing for
prompt and effective response by the
agency’s public vessels operating in
Antarctica.
(6) Appendices. Appendices must include the following information:
(i) Twenty-four hour contact information and alternates to the designated contacts. These details must be
routinely updated to account for personnel changes and changes in telephone, telex, and telefacsimile numbers. Clear guidance must also be provided regarding the preferred means of
communication.
(ii) The following lists, each identified as a separate appendix:
(A) A list of agencies or officials of
coastal state administrations responsible for receiving and processing incident reports;
(B) A list of agencies or officials in
regularly visited ports. When this is
not feasible, the master must obtain
details concerning local reporting procedures upon arrival in port; and
(C) A list of all parties with a financial interest in the ship such as ship
and cargo owners, insurers, and salvage
interests.
(D) A list which specifies who will be
responsible for informing the parties
listed and the priority in which they
must be notified.
(iii) A record of annual reviews and
changes.
(7) Non-mandatory provisions. If this
section is included by the shipowner, it
should include the following types of
information or any other information
that may be appropriate:
(i) Diagrams;

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§ 151.27

33 CFR Ch. I (7–1–06 Edition)

(ii) Response equipment or oil spill
removal organizations;
(iii) Public affairs practices;
(iv) Recordkeeping;
(v) Plan exercising; and
(vi) Individuals qualified to respond.
(8) Index of sections. The plan must be
organized
as
depicted
in
Table
151.26(b)(8).
TABLE 151.26(b)(8)—INDEX OF SECTIONS—
SAMPLE FORMAT
Mandatory
Section
Section
Section
Section
Section
tion
Section

1: Introduction
2: Preamble
3: Reporting requirements
4: Steps to control a discharge
5: National and local coordina6: Appendices
Voluntary

Section 7: Non-mandatory provisions
[CGD 93–030, 59 FR 51338, Oct. 7, 1994, as
amended by CGD 97–015, 62 FR 18045, Apr. 14,
1997; USCG–2000–7641, 66 FR 55571, Nov. 2,
2001]

§ 151.27 Plan submission and approval.
(a) No manned ship subject to this
part may operate unless it carries on
board a shipboard oil pollution emergency plan approved by the Coast
Guard. An unmanned ship subject to
this regulation must carry the notification list required in § 151.26(b)(3) on
board in the documentation container;
remaining sections of the plan must be
maintained on file at the home office.
For new ships, plans must be submitted
at least 90 days before the ship intends
to begin operations.
(b) An owner or operator of a ship to
which this part applies shall prepare
and submit one English language copy
of the shipboard oil pollution emergency plan to Commandant (G-MOR),
U.S. Coast Guard, 2100 Second Street
SW., Washington, DC 20593–0001.
(c) An owner or operator with multiple ships to which this part applies
may submit one plan for each type of
ship with a separate ship-specific appendix for each vessel covered by the
plan.
(d) Combined shipboard oil pollution
emergency plans and response plans
meeting the requirements of subparts

D and E of part 155 of this chapter must
be prepared according to § 155.1030(j) of
this chapter.
(e) If the Coast Guard determines
that the plan meets all requirements of
this section, the Coast Guard will notify the owner or operator of the ship
and return a copy of the approved plan
along with an approval letter. The approval period for a plan expires 5 years
after the plan approval date.
(f) If the Coast Guard determines
that the plan does not meet all of the
requirements, the Coast Guard will notify the owner or operator of the plan’s
deficiencies. The owner or operator
must then resubmit two copies of the
revised plan, or corrected portions of
the plan, within time period specified
in the written notice provided by the
Coast Guard.
[CGD 93–030, 59 FR 51342, Oct. 7, 1994, as
amended by CGD 96–026, 61 FR 33665, June 28,
1996; USCG–1998–3799, 63 FR 35530, June 30,
1998]

§ 151.28

Plan review and revision.

(a) An owner or operator of a ship to
which this subpart applies must review
the shipboard oil pollution emergency
plan annually and submit a letter to
Commandant (G-MOR) certifying that
the review has been completed. This review must occur within 1 month of the
anniversary date of Coast Guard approval of the plan.
(b) The owner or operator shall submit any plan amendments to Commandant (G-MOR) for information or
approval.
(c) The entire plan must be resubmitted to Commandant (G-MOR) for reapproval 6 months before the end of the
Coast Guard approval period identified
in § 151.27(e) of this subpart.
(d) A record of annual review and
changes to the plan must be maintained in the last appendix of section
six of the plan.
(e) Except as provided in paragraph
(f) of this section, revisions must receive prior approval by the Coast
Guard before they can be incorporated
into the plan.
(f) Revisions to the seventh section of
the plan and the appendices do not require approval by the Coast Guard. The

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