1625-0095 Stat/Authority

Coast Guard, DOT

§ 155.120

155.1135 Response plan development and
evaluation criteria.
155.1145 Submission and approval procedures.
155.1150 Plan revision and amendment procedures.

Subpart F—Response plan requirements for
vessels carrying animal fats and vegetable oils as a primary cargo
155.1210 Purpose and applicability.
155.1225 Response plan submission requirements.
155.1230 Response plan development and
evaluation criteria.

Subpart G—Response Plan Requirements
for Vessels Carrying Other Non-Petroleum Oils as a Primary Cargo
155.2210 Purpose and applicability.
155.2225 Response plan submission requirements.
155.2230 Response plan development and
evaluation criteria.
APPENDIX A TO PART 155—SPECIFICATIONS FOR
SHORE CONNECTION
APPENDIX B TO PART 155—DETERMINING AND
EVALUATING REQUIRED RESPONSE RESOURCES FOR VESSEL RESPONSE PLANS
APPENDIX C TO PART 155—TRAINING ELEMENTS FOR OIL SPILL RESPONSE PLANS
AUTHORITY: 33 U.S.C. 1231, 1321(j); 46 U.S.C.
3715, 3719; sec. 2, E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; 49 CFR 1.46, 1.46(iii).
Sections
155.110–155.130,
155.350–155.400,
155.430, 155.440, 155.470, 155.1030 (j) and (k), and
155.1065(g) also issued under 33 U.S.C. 1903(b);
and §§ 155.1110–155.1150 also issued under 33
U.S.C. 2735.
NOTE: Additional requirements for vessels
carrying oil or hazardous materials appear in
46 CFR parts 30 through 36, 150, 151, and 153.

Subpart A—General
SOURCE: CGD 75–124a, 48 FR 45714, Oct. 6,
1983, unless otherwise noted.

§ 155.100 Applicability.
(a) Subject to the exceptions provided for in paragraph (b) and (c) of
this section, this part applies to each
ship that:
(1) Is operated under the authority of
the United States, wherever located; or
(2) Is operated under the authority of
a country other than the United States
while in the navigable waters of the
United States, or while at a port or terminal under the jurisdiction of the
United States.

(b) This part does not apply to:
(1) A warship, naval auxiliary, or
other ship owned or operated by a
country when engaged in non-commercial service; or
(2) Any other ship specifically excluded by MARPOL 73/78.
(c) Section 155.480 applies to each
tank vessel with a cargo capacity of
1,000 or more cubic meters (approximately 6,290 barrels), loading oil or oil
reside as cargo that is operated under
the authority of the United States,
wherever located, or operated under
the authority of a country other than
the United States while in the navigable waters of the United States, or
while at a port or terminal under the
jurisdiction of the United States.
[CGD 75–124a, 48 FR 45714, Oct. 6, 1983, as
amended by CGD 90–071a, 62 FR 48773, Sept.
17, 1997]

§ 155.110

Definitions.

Except as specifically stated in a section, the definitions in part 151 of this
chapter, except for the word ‘‘oil’’, and
in part 154 of this chapter, apply to this
part.
[CGD 90–071a, 59 FR 53290, Oct. 21, 1994]

§ 155.120

Equivalents.

(a) For ships required to be surveyed
under § 151.17 of this chapter, the Commandant may, upon receipt of a written request, allow any fitting, material, appliance or apparatus to be fitted
in a ship as an alternative to that required by both MARPOL 73/78 and subpart B of this part if such fitting, material, appliance, or apparatus is at
least as effective as that required by
subpart B. Substitution of operational
methods to control the discharge of oil
in place of those design and construction features prescribed by MARPOL
73/78 that are also prescribed by subpart B of this part is not allowed.
(b) Any equivalent to a feature prescribed by MARPOL 73/78 that is authorized for a ship having an IOPP Certificate is noted on that Certificate.
(c) For tank vessels required to have
overfill devices installed under parts
155 and 156 of this chapter, the Commandant may, upon receipt of a written request, allow any fitting, material, appliance, or apparatus to be

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§ 155.130

33 CFR Ch. I (7–1–01 Edition)

fitted in a tank vessel as an alternative
to the required overfill device(s) that
are specified in these parts if the proposed alternative device is at least as
effective as that required in the regulations.
[CGD 75–124a, 48 FR 45714, Oct. 6, 1983, as
amended by CGD 90–071a, 59 FR 53290, Oct. 21,
1994]

§ 155.130 Exemptions.
(a) The Commandant grants an exemption or partial exemption from
compliance with any requirement in
this part if:
(1) A ship operator submits a written
request for an exemption via the COTP
or OCMI thirty (30) days before operations under the exemption are proposed unless the COTP or OCMI authorizes a shorter time; and
(2) It is determined from the request
that:
(i) Compliance with a specific requirement is economically or physically impractical;
(ii) No alternative procedures, methods, or equipment standards exist that
would provide an equivalent level of
protection from pollution; and
(iii) The likelihood of discharges occurring as a result of the exemption is
minimal.
(b) If requested, the applicant must
submit any appropriate information,
including an environmental and economic assessment of the effects of and
the reasons for the exemption and proposed procedures, methods, or equipment standards.
(c) The exemption may specify the
procedures, methods, or equipment
standards that will apply.
(d) An oceangoing ship is not given
an exemption from the requirements of
subpart B of this part unless the ship is
a hydrofoil, air cushion vehicle or
other new type of ship (near-surface
craft, submarine craft, etc.) whose constructional features are such as to
render the application of any of the
provisions of subpart B relating to construction and equipment unreasonable
or impractical. The construction and
equipment of the ship must provide
protection equivalent to that afforded
by subpart B of this part against pollution, having regard to the service for
which the ship is intended.

(e) An exemption is granted or denied
in writing. The decision of the Commandant is a final agency action.
[CGD 75–124a, 48 FR 45714, Oct. 6, 1983, as
amended by CGD 86–034, 55 FR 36254, Sept. 4,
1990]

§ 155.140

Incorporation by reference.

(a) Certain material is incorporated
by reference into this part with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. To enforce any edition
other than that specified in paragraph
(b) of this section, the Coast Guard
must publish notice of change in the
FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection at the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC, and at the
U.S. Coast Guard Office of Compliance
(G–MOC), 2100 Second Street SW.,
Washington, 20593–0001, and is available
from the sources indicated in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this part, and
the sections affected, are as follows:
American National Standards Institute,
Inc. (ANSI) 11 West 42nd Street, New
York, NY 10036
ANSI
A10.14—Requirements
for Safety Belts, Harnesses,
Lanyards and Lifelines for
Construction and Demolition Use, 1991.

155.230

American Society for Testing and Materials (ASTM) 100 Barr Harbor Drive,
West Conshohocken, PA 19428–2959
ASTM F 631–93, Standard
Guide for Collecting Skimmer Performance Data in
Controlled Environments.
ASTM F 715–95, Standard Test
Methods for Coated Fabrics
Used for Oil Spill Control
and Storage.
ASTM F 722–82 (1993), Standard Specification for Welded
Joints for Shipboard Piping
Systems.

Appendix B.

Appendix B.

Appendix A;
Appendix
B.

International Maritime Organization
(IMO) Publications Section, 4 Albert
Embankment, London SE1 75R, United
Kingdom, Telex 23588.

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