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Pt. 155

2.2.3.2 Tank rupture;
2.2.3.3 Piping rupture;
2.2.3.4 Piping leak, both under pressure
and not under pressure, if applicable;
2.2.3.5 Explosion or fire;
2.2.3.6 Equipment failure (e.g., pumping
system failure, relief valve failure, or other
general equipment relevant to operational
activities associated with internal or external facility transfers).
2.2.4 Procedures for transferring responsibility for direction of response activities
from facility personnel to the spill management team.
2.2.5 Familiarity with the operational capabilities of the contracted oil spill removal
organizations and the procedures to notify
the activate such organizations.
2.2.6 Familiarity with the contracting and
ordering procedures to acquire oil spill removal organization resources.
2.2.7 Familiarity with the ACP(s).
2.2.8 Familiarity with the organizational
structures that will be used to manage the
response actions.
2.2.9 Responsibilities and duties of the
spill management team members in accordance with designated job responsibilities.
2.2.10 Responsibilities and authority of
the qualified individual as described in the
facility response plan and company response
organization.
2.2.11 Responsibilities of designated individuals to initiate a response and supervise
response resources.
2.2.12 Actions to take, in accordance with
designated job responsibilities, in the event
of a transfer system leak, tank overflow, or
suspected cargo tank or hull leak.
2.2.13 Information on the cargoes handled
by the vessel or facility, including familiarity with—
2.2.13.1 Cargo material safety data sheets;
2.2.13.2 Chemical characteristic of the
cargo;
2.2.13.3 Special handling procedures for
the cargo;
2.2.13.4 Health and safety hazards associated with the cargo; and
2.2.13.5 Spill and firefighting procedures
for cargo.
2.2.14 Occupational Safety and Health Administration requirements for worker health
and safety (29 CFR 1910.120).
3. Further Considerations
In drafting the training section of the facility response plan, some further considerations are noted below (these points are
raised simply as a reminder):
3.1 The training program should focus on
training provided to facility personnel.
3.2 An organization is comprised of individuals, and a training program should be
structured to recognize this fact by ensuring
that training is tailored to the needs of the
individuals involved in the program.

3.3 An owner or operator may identify
equivalent work experience which fulfills
specific training requirements.
3.4 The training program should include
participation in periodic announced and unannounced exercises. This participation
should approximate the actual roles and responsibilities of individual specified in the
plan.
3.5 Training should be conducted periodically to reinforce the required knowledge
and to ensure an adequate degree of preparedness by individuals with responsibilities under the facility response plan.
3.6 Training may be delivered via a number of different means; including classroom
sessions, group discussions, video tapes, selfstudy workbooks, resident training courses,
on-the-job training, or other means as
deemed appropriate to ensure proper instruction.
3.7 New employees should complete the
training program prior to being assigned job
responsibilities which require participation
in emergency response situations.
4. Conclusion
The information in this appendix is only
intended to assist response plan preparers in
reviewing the content of and in modifying
the training section of their response plans.
It may be more comprehensive than is needed for some facilities and not comprehensive
enough for others. The Coast Guard expects
that plan preparers have determined the
training needs of their organizations created
by the development of the response plans and
the actions identified as necessary to increase the preparedness of the company and
its personnel to respond to actual or threatened discharges of oil from their facilities.
[CGD 91–036, 61 FR 7938, Feb. 29, 1996]

PART 155—OIL OR HAZARDOUS
MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS
Subpart A—General
Sec.
155.100
155.110
155.120
155.130
155.140

Applicability.
Definitions.
Equivalents.
Exemptions.
Incorporation by reference.

Subpart B—Vessel Equipment
155.200 Definitions.
155.205 Discharge removal equipment for
vessels 400 feet or greater in length.
155.210 Discharge removal equipment for
vessels less than 400 feet in length.
155.215 Discharge removal equipment for inland oil barges.

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155.220 Discharge removal equipment for
vessels carrying oil as secondary cargo.
155.225 Internal cargo transfer capability.
155.230 Emergency control systems for tank
barges.
155.235 Emergency towing capability for oil
tankers.
155.240 Damage stability information for oil
tankers and offshore oil barges.
155.245 Damage stability information for inland oil barges.
155.310 Containment of oil and hazardous
material cargo discharges.
155.320 Fuel oil and bulk lubricating oil discharge containment.
155.330 Bilge slops/fuel oil tank ballast
water discharges on U.S. non-oceangoing
ships.
155.350 Bilge slops/fuel oil tank ballast
water discharges on oceangoing ships of
less than 400 gross tons.
155.360 Bilge slops discharges on oceangoing
ships of 400 gross tons and above but less
than 10,000 gross tons, excluding ships
that carry ballast water in their fuel oil
tanks.
155.370 Bilge slops/fuel oil tank ballast
water discharges on oceangoing ships of
10,000 gross tons and above and oceangoing ships of 400 gross tons and above
that carry ballast water in their fuel oil
tanks.
155.380 Oily-water separating equipment,
bilge alarm, and bilge monitor approval
standards.
155.400 Platform machinery space drainage
on oceangoing fixed and floating drilling
rigs and other platforms.
155.410 Pumping, piping and discharge requirements for U.S. non-oceangoing ships
of 100 gross tons and above.
155.420 Pumping, piping and discharge requirements for oceangoing ships of 100
gross tons and above but less than 400
gross tons.
155.430 Standard discharge connections for
oceangoing ships of 400 gross tons and
above.
155.440 Segregation of fuel oil and water
ballast on new oceangoing ships of 4,000
gross tons and above, other than oil
tankers, and on new oceangoing oil tankers of 150 gross tons and above.
155.450 Placard.
155.470 Prohibited spaces.
155.480 Overfill devices.

Subpart C—Transfer Personnel, Procedures,
Equipment, and Records
155.700 Designation of person in charge.
155.710 Qualifications of person in charge.
155.715 Contents of letter of designation as a
person–in–charge of the transfer of fuel
oil.
155.720 Transfer procedures.

155.730 Compliance with transfer procedures.
155.740 Availability of transfer procedures.
155.750 Contents of transfer procedures.
155.760 Amendment of transfer procedures.
155.770 Draining into bilges.
155.775 Maximum cargo level of oil.
155.780 Emergency shutdown.
155.785 Communications.
155.790 Deck lighting.
155.800 Transfer hose.
155.805 Closure devices.
155.810 Tank vessel security.
155.815 Tank vessel integrity.
155.820 Records.

Subpart D—Response Plans
155.1010 Purpose.
155.1015 Applicability.
155.1020 Definitions.
155.1025 Operating restrictions and interim
operating authorization.
155.1026 Qualified individual and alternate
qualified individual.
155.1030 General response plan requirements.
155.1035 Response plan requirements for
manned vessels carrying oil as a primary
cargo.
155.1040 Response plan requirements for unmanned tank barges carrying oil as a primary cargo.
155.1045 Response plan requirements for vessels carrying oil as a secondary cargo.
155.1050 Response plan development and
evaluation criteria for vessels carrying
groups I through IV petroleum oil as a
primary cargo.
155.1052 Response plan development and
evaluation criteria for vessels carrying
group V petroleum oil as a primary
cargo.
155.1055 Training.
155.1060 Exercises.
155.1062 Inspection and maintenance of response resources.
155.1065 Procedures for plan submission, approval, requests for acceptance of alternative planning criteria, and appeal.
155.1070 Procedures for plan review, revision, amendment, and appeal.

Subpart E—Additional Response Plan Requirements for Tankers Loading Cargo
at a Facility Permitted Under the TransAlaska Pipeline Authorization Act
155.1110 Purpose and applicability.
155.1115 Definitions.
155.1120 Operating restrictions and interim
operating authorization.
155.1125 Additional response plan requirements.
155.1130 Requirements for prepositioned response equipment.

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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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Coast Guard, DOT

§ 155.210

Resolution
A.535(13),
Recommendations on Emergency Towing Requirements
for Tankers, November 17,
1983.
Resolution MSC.35(63), Adoption of Guidelines for Emergency Towing Arrangement
on Tankers, May 20, 1994.

155.235

155.235

Oil Companies International Marine
Forum (OCIMF) 15th Floor, 96 Victoria
Street, London SW1E 5JW England.
Ship to Ship Transfer Guide
(Petroleum), Second Edition, 1988.

155.1035

Oil tanker means a self-propelled vessel carrying oil in bulk as cargo, including integrated tug-barges designed
for push-mode operation.
Vessel carrying oil as secondary cargo
means a vessel carrying oil pursuant to
a permit issued under 46 CFR 30.01–5, 46
CFR 70.05–30, or 46 CFR 90.05–35 or pursuant to an International Oil Pollution
Prevention (IOPP) or Noxious Liquid
Substance (NLS) certificate required
by §§ 151.33 or 151.35 of this chapter; or
any uninspected vessel that carries oil
in bulk as cargo.
[CGD 90–068, 58 FR 67996, Dec. 22, 1993]

[CGD 91–034, 58 FR 7424, Feb. 5, 1993, as
amended by CGD 90–068, 58 FR 67995, Dec. 22,
1993; CGD 96–026, 61 FR 33666, June 28, 1996;
CGD 95–028, 62 FR 51194, Sept. 30, 1997; USCG–
1998–4443, 63 FR 71763, Dec. 30, 1998; USCG–
1999–5151, 64 FR 67176, Dec. 1, 1999]

Subpart B—Vessel Equipment
SOURCE: CGD 75–124a, 48 FR 45715, Oct. 6,
1983, unless otherwise noted.

§ 155.200 Definitions.
As used in this subpart:
Inland oil barge means a tank barge
carrying oil in bulk as cargo certificated by the Coast Guard under 46 CFR
chapter I, subchapter D for river or
canal service or lakes, bays, and sounds
service.
On-deck spill means a discharge of oil
on the deck of a vessel during loading,
unloading, transfer, or other shipboard
operations. An on-deck spill could result from a leaking fitting, an overfill,
a bad connection, or similar operational mishap. The term on-deck spill
is used to differentiate these operational discharges from those caused
by collision or grounding where the
hull is punctured and a tank is ruptured, resulting in an uncontrolled discharge of oil into the marine environment.
Offshore oil barge means a tank barge
carrying oil in bulk as cargo, including
dual-mode integrated tug-barges, certificated by the Coast Guard under 46
CFR chapter I, subchapter D, for navigation in waters outside the Boundary
Lines, as defined in 46 CFR part 7, in
any ocean or the Gulf of Mexico; any
tank barge in Great Lakes service; or
any foreign flag tank barge.

§ 155.205 Discharge removal equipment for vessels 400 feet or greater
in length.
(a) Oil tankers and offshore oil barges
with an overall length of 400 feet or
more must carry appropriate equipment and supplies for the containment
and removal of on-deck oil cargo spills
of at least 12 barrels.
(b) The equipment and supplies must
include—
(1) Sorbents;
(2) Non-sparking hand scoops, shovels, and buckets;
(3) Containers suitable for holding recovered waste;
(4) Emulsifiers for deck cleaning;
(5) Protective clothing;
(6) A minimum of one non-sparking
portable pump with hoses; and
(7) Scupper plugs.
(c) During cargo transfer operations,
the equipment and supplies must remain ready for immediate use.
[CGD 90–068, 58 FR 67996, Dec. 22, 1993, as
amended by USCG–1998–3799, 63 FR 35531,
June 30, 1998]

§ 155.210 Discharge removal equipment for vessels less than 400 feet
in length.
(a) Oil tankers and offshore oil barges
with an overall length of less than 400
feet must carry appropriate equipment
and supplies for the containment and
removal of on-deck oil spills of at least
7 barrels.
(b) The equipment and supplies must
include—
(1) Sorbents;
(2) Non-sparking hand scoops, shovels, and buckets;

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§ 155.215

33 CFR Ch. I (7–1–01 Edition)

(3) Containers suitable for holding recovered waste;
(4) Emulsifiers for deck cleaning;
(5) Protective clothing;
(6) A minimum of one non-sparking
portable pump with hoses; and
(7) Scupper plugs.
(c) During cargo transfer operations,
the equipment and supplies must remain ready for immediate use.
[CGD 90–068, 58 FR 67996, Dec. 22, 1993, as
amended by USCG–1998–3799, 63 FR 35531,
June 30, 1998]

§ 155.215 Discharge removal equipment for inland oil barges.
(a) During cargo transfer operations,
inland oil barges must have appropriate equipment and supplies ready
for immediate use to control and remove on-deck oil cargo spills of at
least one barrel.
(b) The equipment and supplies must
include—
(1) Sorbents;
(2) Non-sparking hand scoops, shovels, and buckets;
(3) Containers suitable for holding recovered waste;
(4) Emulsifiers for deck cleaning; and
(5) Protective clothing.
(c) The oil barge owner or operator
may rely on equipment available at the
transfer facility receiving from or discharging to the barge, provided the
barge owner or operator has prearranged for the use of the equipment
by contract or other means approved
by the Coast Guard.
[CGD 90–068, 58 FR 67996, Dec. 22, 1993, as
amended by USCG–1998–3799, 63 FR 35531,
June 30, 1998]

§ 155.220 Discharge removal equipment for vessels carrying oil as secondary cargo.
(a) Vessels carrying oil as secondary
cargo must carry appropriate equipment and supplies for the containment
and removal of on-deck oil cargo spills
of at least one-half barrel.
(b) The equipment and supplies must
include—
(1) Sorbents;
(2) Non-sparking hand scoops, shovels, and buckets;
(3) Containers suitable for holding recovered waste;
(4) Emulsifiers for deck cleaning; and

(5) Protective clothing
(c) The equipment and supplies must
be ready for immediate use during
cargo transfer operations.
[CGD 90–068, 58 FR 67996, Dec. 22, 1993, as
amended by USCG–1998–3799, 63 FR 35531,
June 30, 1998]

§ 155.225 Internal cargo transfer capability.
Oil tankers and offshore oil barges
must carry suitable hoses and reducers
for internal transfer of cargo to tanks
or other spaces within the cargo block,
unless the vessel’s installed cargo piping system is capable of performing
this function.
[CGD 90–068, 58 FR 67996, Dec. 22, 1993, as
amended by USCG–1998–3799, 63 FR 35531,
June 30, 1998]

§ 155.230 Emergency control systems
for tank barges.
(a) Application. This section does not
apply to foreign vessels engaged in innocent passage (that is, neither entering nor leaving a U.S. port); it applies
to tank barges and vessels towing them
on the following waters:
(1) On the territorial sea of the U.S.
[as defined in Presidential Proclamation 5928 of December 27, 1988, it is the
belt of waters 12 nautical miles wide
with its shoreward boundary the baseline of the territorial sea], unless—
(i) The barge is being pushed ahead
of, or towed alongside, the towing vessel; and
(ii) The barge’s coastwise route is restricted, on its certificate of inspection
(COI), so the barge may operate ‘‘in
fair weather only, within 20 miles of
shore,’’ or with words to that effect.
The Officer in Charge, Marine Inspection, may define ‘‘fair weather’’ on the
COI.
(2) In Great Lakes service unless—
(i) The barge is being pushed ahead
of, or towed alongside, the towing vessel; and
(ii) The barge’s route is restricted, on
its certificate of inspection (COI), so
the barge may operate ‘‘in fair weather
only, within 5 miles of a harbor,’’ or
with words to that effect. The Officer
in Charge, Marine Inspection, may define ‘‘fair weather’’ on the COI.
(3) On Long Island Sound. For the
purposes of this section, Long Island

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Coast Guard, DOT

§ 155.230

Sound comprises the waters between
the baseline of the territorial sea on
the eastern end (from Watch Hill
Point, Rhode Island, to Montauk
Point, Long Island) and a line drawn
north and south from Premium Point,
New York (about 40°54.5′N, 73°45.5′W), to
Hewlett Point, Long Island (about
40°50.5′N, 73°45.3′W), on the western end.
(4) In the Strait of Juan de Fuca.
(5) On the waters of Admiralty Inlet
north of Marrowstone Point (approximately 48°06′N, 122°41′W).
(b) Safety program. If you are the
owner or operator of a single-hull tank
barge or of a vessel towing it, you must
adequately man and equip either the
barge or the vessel towing it so the
crew can arrest the barge by employing
Measure 1, described in paragraph (b)(1)
of this section. Moreover, the crew
must be able to arrest or retrieve the
barge by employing either Measure 2 or
Measure 3, described in paragraphs
(b)(2) and (3) of this section, respectively. If you are the owner or operator
of a double-hull tank barge, you must
adequately equip it and train its crew
or, if it is unmanned, train the crew of
the vessel towing it, so the crew can retrieve the barge by employing Measure
2 described in paragraph (b)(2) of this
section.
(1) Measure 1. Each single-hull tank
barge, whether manned or unmanned,
must be equipped with an operable anchoring system that conforms to 46
CFR 32.15–15; except that, for barges
operating only on the West Coast of
the U.S., a system comprising heavy
surge gear and bridle legs may serve instead of the anchoring system. Because
these systems will also serve as emergency control systems, the owner or
operator must ensure that they meet
the following criteria:
(i) Operation and performance. When
the barge is underway—
(A) The system is ready for immediate use;
(B) No more than two crewmembers
are needed to operate the system and
anchor the barge or arrest its movement;
(C) While preparing to anchor the
barge or arrest its movement, the operator of the system should confer with
the master or mate of the towing ves-

sel regarding appropriate length of
cable or chain to use; and
(D) Each operator of the system
should wear a safety belt or harness secured by a lanyard to a lifeline, drop
line, or fixed structure such as a welded padeye, if the sea or the weather
warrants this precaution. Each safety
belt, harness, lanyard, lifeline, and
drop line must meet the specifications
of ANSI A10.14.
(ii) Maintenance and inspections. The
owner or operator of the system shall
inspect it annually. The inspection
must verify that the system is ready
for immediate use, and must include a
visual inspection of the equipment that
comprises the system in accordance
with the manufacturer’s recommendations. The inspection must also verify
that the system is being maintained in
accordance with the manufacturer’s
recommendations. The inspection need
not include actual demonstration of
the operation of the equipment or system.
(iii) Training. On each manned barge,
every crewmember must be thoroughly
familiar with the operation of the system. On each vessel towing an unmanned barge, every deck crewmember
must be thoroughly familiar with the
operation of the system installed on
the barge. If during the last 12 months
the system was not used to anchor or
arrest the movement of the barge, then
a drill on the use of the system must be
conducted within the next month. The
drill need not involve actual deployment of the system. However, it must
allow every participant to demonstrate
the competencies (that is, the knowledge, skills, and abilities) needed to ensure that everyone assigned a duty in
anchoring or arresting the movement
of the barge is ready to do his or her
duty.
(2) Measure 2. If you are the owner or
operator of a tank barge or a vessel
towing it and this section applies to
you by virtue of paragraph (a) of this
section, you must have installed an
emergency retrieval system or some
other measure acceptable to the Coast
Guard, as provided in paragraph (b)(3)
of this section. Any such system must
meet the following criteria:
(i) Design. The system must use an
emergency towline with at least the

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§ 155.235

33 CFR Ch. I (7–1–01 Edition)

same pulling strength as required of
the primary towline. The emergency
towline must be readily available on
either the barge or the vessel towing it.
The towing vessel must have on board
equipment to regain control of the
barge and continue towing (using the
emergency towline), without having to
place personnel on board the barge.
(ii) Operation and performance. The
system must use a stowage arrangement that ensures the readiness of the
emergency towline and the availability
of all retrieval equipment for immediate use in an emergency whenever
the barge is being towed astern.
(iii) Maintenance and inspection. The
owner or operator of the system shall
inspect it annually. The inspection
must verify that the emergency retrieval system is ready for immediate
use, and must include a visual inspection of the equipment that comprises
the system in accordance with the
manufacturer’s recommendations. The
inspection must also verify that the
system is being maintained in accordance with the manufacturer’s recommendations. The inspection need
not include actual demonstration of
the operation of the equipment or system. Details concerning maintenance
of towlines appear in 33 CFR 164.74(a)(3)
and Navigation and Vessel Inspection
Circular (NVIC) No. 5–92. Our NVICs
are
available
online
at
http://
www.uscg.mil/hq/g-m/nvic/index.htm.
(iv) Training. Barge-retrieval drills
must take place annually, and not
more than one month after a master or
mate responsible for supervising barge
retrieval begins employment on a vessel that tows tank barges.
(A) Each drill must allow every participant to demonstrate the competencies (that is, the knowledge,
skills, and abilities) needed to ensure
that everyone assigned a duty in barge
retrieval is ready to do his or her part
to regain control of a drifting barge.
(B) If the drill includes actual operation of a retrieval system, it must be
conducted under the supervision of the
master or mate responsible for retrieval, and preferably in open waters
free from navigational hazards so as to
minimize risk to personnel and the environment.

(3) Measure 3. If you are the owner or
operator of a tank barge or a vessel
towing it and this section applies to
you by virtue of paragraph (a) of this
section, you may use an alternative
measure or system fit for retrieving a
barge or arresting its movement as a
substitute for Measure 2, described in
paragraph (b)(2) of this section. Before
you use such a measure or system,
however, it must receive the approval
of the Commandant (G–MSE). It will
receive this approval if it provides protection against grounding of the tank
vessel comparable to that provided by
one of the other two measures described in this section.
[USCG–1998–4443, 65 FR 31811, May 19, 2000]

§ 155.235 Emergency towing capability
for oil tankers.
An emergency towing arrangement
shall be fitted at both ends on board all
oil tankers of not less than 20,000 deadweight tons (dwt), constructed on or
after September 30, 1997. For oil tankers constructed before September 30,
1997, such an arrangement shall be
fitted at the first scheduled dry-docking, but not later than January 1, 1999.
The design and construction of the
towing arrangement shall be in accordance with IMO resolution MSC.35(63).
[CGD 95–028, 62 FR 51194, Sept. 30, 1997]

§ 155.240 Damage stability information
for oil tankers and offshore oil
barges.
(a) Owners or operators of oil tankers
and offshore oil barges shall ensure
that their vessels have prearranged,
prompt access to computerized, shorebased damage stability and residual
structural strength calculation programs.
(b) Vessel baseline strength and stability characteristics must be pre-entered into such programs and be consistent with the vessel’s existing configuration.
(c) Access to the shore-based calculation program must be available 24
hours a day.
(d) At a minimum, the program must
facilitate calculation of the following:
(1) Residual hull girder strength
based on the reported extent of damage.

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Coast Guard, DOT

§ 155.310

(2) Residual stability when the vessel’s compartments are breached.
(3) The most favorable off-loading,
ballasting, or cargo transfer sequences
to improve residual stability, reduce
hull girder stresses, and reduce groundforce reaction.
(4) The bending and shear stresses
caused by pinnacle loads from grounding or stranding.
[CGD 90–068, 58 FR 67996, Dec. 22, 1993, as
amended by USCG–1998–3799, 63 FR 35531,
June 30, 1998]

§ 155.245 Damage stability information
for inland oil barges.
(a) Owners or operators of inland oil
barges shall ensure that the vessel
plans necessary to perform salvage,
stability, and residual hull strength assessments are maintained at a shorebased location.
(b) Access to the plans must be available 24 hours a day.
[CGD 90–068, 58 FR 67997, Dec. 22, 1993, as
amended by USCG–1998–3799, 63 FR 35531,
June 30, 1998]

§ 155.310 Containment of oil and hazardous material cargo discharges.
(a) A tank vessel with a capacity of
250 or more barrels that is carrying oil
or hazardous material as cargo must
have—
(1) Under or around each loading
manifold and each transfer connection
point, a fixed container or enclosed
deck area that, in all conditions of ship
list or trim encountered during the
loading operation, has a capacity of at
least:
(i) One half barrel if it serves one or
more hoses with an inside diameter of
2 inches or less, or one or more loading
arms with a nominal pipe size diameter
of 2 inches or less;
(ii) One barrel if it serves one or more
hoses with an inside diameter of more
than 2 inches but less than 4 inches, or
one or more loading arms with a nominal pipe size diameter of more than 2
inches but less than 4 inches;
(iii) Two barrels if it serves one or
more hoses with an inside diameter of
4 inches or more, but less than 6 inches,
or one or more loading arms with a
nominal pipe size diameter of 4 inches
or more, but less than 6 inches;

(iv) Three barrels if it serves one or
more hoses with an inside diameter of
6 inches or more, but less than 12
inches, or one or more loading arms
with a nominal pipe size diameter of 6
inches or more, but less than 12 inches;
or
(v) Four barrels if it serves one or
more hoses with an inside diameter of
12 inches or more, or one or more loading arms with a nominal pipe size diameter of 12 inches or more;
(2) A means of draining or removing
discharged oil or hazardous material
from each container or enclosed deck
area without discharging the oil or
hazardous material into the water; and
(3) A mechanical means of closing
each drain and scupper in the container
or enclosed deck area required by this
section.
(b) An offshore tank barge with a
cargo capacity of 250 or more barrels
that is carrying hazardous material as
cargo and an inland tank barge with
the capacity of 250 or more barrels that
is carrying oil or a hazardous material
as cargo must meet paragraph (a) of
this section or be equipped with—
(1) A coaming, at least 4 inches high
but not more than 8 inches high, enclosing the immediate area of the
cargo hatches, loading manifolds, and
transfer connections, that has a capacity, in all conditions of vessel list and
trim to be encountered during the loading operation, of at least one-half barrel per hatch, manifold, and connection
within the enclosed area;
(2) A fixed or portable container
under each loading manifold and each
transfer connection within the coaming, that holds at least one-half barrel;
(3) A mechanical means of closing
each drain and scupper within the coaming; and
(4) A means of draining or removing
discharged oil or hazardous material
from the fixed or portable container
and from within the coamings without
discharging the oil or hazardous material into the water.
(c) All oil tankers and offshore oil
barges with a cargo capacity of 250 or
more barrels must have peripheral
coamings, including port and starboard
coamings
and
forward
and
aft

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§ 155.320

33 CFR Ch. I (7–1–01 Edition)

athwartships coamings, completely enclosing the cargo deck area, cargo
hatches, manifolds, transfer connections, and any other openings where
cargo may overflow or leak.
(1) Coamings must be at least 4
inches high except in the aft corners.
(2) In the aft corners (port and starboard) of a vessel, the coamings must
be at least 8 inches high and extend—
(i) Forward at least 14 feet from each
corner; and
(ii) Inboard at least 8 feet from each
corner.
(3) Each area enclosed by the coaming required under this paragraph
must have—
(i) A means of draining or removing
oil from the enclosed deck area without discharging oil into the water; and
(ii) A mechanical means of closing
each drain and scupper in the enclosed
deck-area.
(4) For a tankship, as defined in 46
CFR 30.10–67, the coaming or other barrier required in 46 CFR 32.56–15 may
serve as the aft athwartships coaming
if the tankship is otherwise in compliance with the requirements of this section.
(d) In addition to the requirements of
paragraphs (a) and (b) of this section,
an offshore oil barge with a cargo capacity of 250 or more barrels must
have—
(1) A fixed or portable container that
holds at least one-half barrel under
each oil loading manifold and each oil
transfer connection within the coaming;
(2) A mechanical means of closing
each drain and scupper within the coaming; and
(3) A means of draining or removing
discharged oil from the fixed or portable container and from within the
coaming without discharging the oil
into the water.
[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as
amended by CGD 86–034, 55 FR 36254, Sept. 4,
1990; CGD 90–068, 58 FR 67997, Dec. 22, 1993;
USCG–1998–3799, 63 FR 35531, June 30, 1998]

§ 155.320 Fuel oil and bulk lubricating
oil discharge containment.
(a) A ship of 300 gross tons or more
constructed after June 30, 1974 must
have a fixed container or enclosed deck
area under or around each fuel oil or

bulk lubricating oil tank vent, overflow, and fill pipe, that:
(1) For a ship of 300 or more but less
than 1600 gross tons has a capacity of
at least one-half barrel; and
(2) For a ship of 1600 or more gross
tons has a capacity of one barrel.
(b) A ship of 100 gross tons or more
constructed before July 1, 1974, and a
ship of 100 or more but less than 300
gross tons constructed after June 30,
1974 must:
(1) Meet paragraph (a)(1) of this section; or
(2) Equip each fuel oil or bulk lubricating oil tank vent, overflow, and fill
pipe during oil transfer operations with
a portable container of at least a 5 U.S.
gallon capacity; or
(3) If the ship has a fill fitting for
which containment is impractical, use
an automatic back pressure shut-off
nozzle.
(c) This section does not apply to a
fixed or floating drilling rig or other
platform.
§ 155.330 Bilge slops/fuel oil tank ballast water discharges on U.S. nonoceangoing ships.
(a) No person may operate a U.S.
non-oceangoing ship in the navigable
waters of the United States, unless it
has the capacity to retain on board all
oily mixtures and is equipped to discharge these oily mixtures to a reception facility.
(b) A U.S. non-oceangoing ship may
retain all oily mixtures on board in the
ship’s bilges. An oily residue (sludge)
tank is not required.
(c) This section does not apply to a
fixed or floating drilling rig or other
platform.
§ 155.350 Bilge slops/fuel oil tank ballast water discharges on oceangoing ships of less than 400 gross
tons.
(a) No person may operate an oceangoing ship of less than 400 gross tons,
unless it either:
(1) Has the capacity to retain on
board all oily mixtures and is equipped
to discharge these oily mixtures to a
reception facility; or
(2) Has approved oily-water separating equipment for the processing of
oily bilge slops or oily fuel oil tank

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Coast Guard, DOT

§ 155.370

ballast and discharges into the sea in
accordance with § 151.10.
(b) An oceangoing ship of less than
400 gross tons may retain all oily mixtures on board in the ship’s bilges. An
oily residue (sludge) tank is not required.
(c) This section does not apply to a
barge that is not equipped with an installed bilge pumping system for discharge into the sea.
(d) This section does not apply to a
fixed or floating drilling rig or other
platform.
[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as
amended by CGD 88–002, 54 FR 18407, Apr. 28,
1989; CGD 97–023, 62 FR 33364, June 19, 1997;
USCG–1998–3799, 63 FR 35531, June 30, 1998]

§ 155.360 Bilge slops discharges on
oceangoing ships of 400 gross tons
and above but less than 10,000 gross
tons, excluding ships that carry ballast water in their fuel oil tanks.
(a) No person may operate an oceangoing ship of 400 gross tons and above
but less than 10,000 gross tons, excluding a ship that carries ballast water in
its fuel oil tanks, unless it is fitted
with approved 100 parts per million
(ppm) oily-water separating equipment
for the processing of oily bilge slops or
oily fuel oil tank ballast.
(b) No person may operate a ship
under this section unless it is fitted
with a tank or tanks of adequate capacity to receive the oily residues
(sludges) that cannot be dealt with otherwise.
(1) In new ships such tanks shall be
designed and constructed to facilitate
cleaning and the discharge of the oily
residues to reception facilities. Existing ships shall comply with this requirement as far as reasonable and
practicable.
(2) Tanks used for oily wastes on
ships certificated under 46 CFR Chapter I shall meet the requirements of 46
CFR 56.50–50(h) for isolation between
oil and bilge systems.
(c) No person may operate a ship unless it is equipped with a pipeline to
discharge oily mixtures to a reception
facility.
(d) This section does not apply to a
barge that is not equipped with an installed bilge pumping system for discharge into the sea.

(e) This section does not apply to a
fixed or floating drilling rig or other
platform.
[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as
amended by USCG–1998–3799, 63 FR 35531,
June 30, 1998]

§ 155.370 Bilge slops/fuel oil tank ballast water discharges on oceangoing ships of 10,000 gross tons and
above and oceangoing ships of 400
gross tons and above that carry ballast water in their fuel oil tanks.
(a) No person may operate an oceangoing ship of 10,000 gross tons and
above or any oceangoing ship of 400
gross tons and above that carries ballast water in its fuel oil tanks unless it
has either:
(1) Approved 100 ppm oily-water separating equipment for the processing of
oily bilge slops or oily fuel oil tank
ballast and an approved bilge monitor;
or
(2) Approved 15 ppm oily-water separating equipment for the processing of
oily bilge slops or oily fuel oil tank
ballast and an approved bilge alarm.
(b) No person may operate a ship
under this section unless it is fitted
with a tank or tanks of adequate capacity to receive the oily residues
(sludges) that cannot be dealt with otherwise.
(1) In new ships such tanks shall be
designed and constructed to facilitate
cleaning and the discharge of the oily
residues to reception facilities. Existing ships shall comply with this requirement as far as reasonable and
practicable.
(2) Tanks used for oily wastes on
ships certificated under 46 CFR Chapter I shall meet the requirements of 46
CFR 56.50–50(h) for isolation between
oil and bilge systems.
(c) No person may operate a ship
under this section unless it is equipped
with a pipeline to discharge oily mixtures to a reception facility.
(d) The master or other person having charge of a ship equipped in accordance with paragraph (a)(1) of this section shall ensure that the bilge monitor continuous record is maintained
on board for not less than three years.

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§ 155.380

33 CFR Ch. I (7–1–01 Edition)

(e) This section does not apply to a
barge that is not equipped with an installed bilge pumping system for discharge into the sea.
(f) This section does not apply to a
fixed or floating drilling rig or other
platform.
(Approved by the Office of Management and
Budget under control number 2115–0025)
[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as
amended by USCG–1998–3799, 63 FR 35531,
June 30, 1998]

§ 155.380 Oily-water separating equipment, bilge alarm, and bilge monitor approval standards.
(a) On U.S. inspected ships, oilywater separating equipment, bilge
alarms, and bilge monitors must be approved under 46 CFR 162.050.
(b) On U.S. uninspected ships and foreign ships, oily-water separating equipment, bilge alarms, and bilge monitors
must be approved under 46 CFR 162.050
or be listed in the current International Maritime Organization (IMO)
Marine Environment Protection Committee (MEPC) Circular summary of
MARPOL 73/78 approved equipment.
(c) A ship that is required to have 100
parts per million (ppm) oily-water separating equipment may have 15 parts
per million (ppm) oily-water separating
equipment installed in its place.
(d) A ship that is required to have a
bilge alarm may have a bilge monitor
installed in its place.
§ 155.400 Platform machinery space
drainage on oceangoing fixed and
floating drilling rigs and other platforms.
(a) No person may operate an oceangoing fixed or floating drilling rig or
other platform unless it either—
(1) Complies with the oily-water separating equipment requirements of a
valid National Pollutant Discharge
Elimination System (NPDES) permit
issued in accordance with section 402 of
the Clean Water Act and 40 CFR Chapter I;
(2) Complies with the oily-water separating equipment requirements for
oceangoing ships of 400 gross tons and
above as set forth in either § 155.360 or
§ 155.370; or
(3) Is not equipped with an installed
bilge pumping system for discharge of

oily mixtures from platform machinery
spaces into the sea and has the capacity to retain on board all of these oily
mixtures and is equipped to discharge
these mixtures for transport to a reception facility.
(b) When an oceangoing fixed or
floating drilling rig or other platform
is in a special area, is not proceeding
en route, or is within 12 nautical miles
of the nearest land; it must either—
(1) Have the capacity to retain on
board all machinery space oily mixtures from platform machinery space
drainage and be equipped to discharge
these mixtures for transport to a reception facility; or
(2) Discharge in accordance with
§ 151.10 (b)(3), (b)(4), and (b)(5) of this
chapter, provided the drilling rig or
platform is not within a special area.
(c) Paragraph (b) of this section does
not apply to a fixed or floating drilling
rig or other platform that is operating
under an NPDES permit.
[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as
amended by CGD 88–002, 54 FR 18407, Apr. 28,
1989; CGD 94–056, 60 FR 43378, Aug. 21, 1995;
USCG–1998–3799, 63 FR 35531, June 30, 1998]

§ 155.410 Pumping, piping and discharge requirements for non-oceangoing ships of 100 gross tons and
above.
(a) No person may operate a nonoceangoing ship of 100 gross tons and
above that is fitted with main or auxiliary machinery spaces in the navigable
waters of the United States unless:
(1) The ship has at least one pump installed to discharge oily mixtures
through a fixed piping system to a reception facility;
(2) The piping system required by
this section has at least one outlet
that is accessible from the weather
deck;
(3) Each outlet required by this section has a shore connection that meets
the specifications in § 155.430 or the
ship has at least one portable adapter
that meets the specifications in
§ 155.430 and fits the required outlets;
and
(4) The ship has a stop valve for each
outlet required by this section.
(b) Paragraph (a) of this section does
not apply to a ship that has approved
oily-water separating equipment for

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Coast Guard, DOT

§ 155.450

the processing of oily bilge slops or
oily fuel oil tank ballast.
(c) This section does not apply to a
fixed or floating drilling rig or other
platform.
§ 155.420 Pumping, piping and discharge requirements for oceangoing ships of 100 gross tons and
above but less than 400 gross tons.
(a) No person may operate an oceangoing ship of 100 gross tons and above
but less than 400 gross tons that is
fitted with main or auxiliary machinery spaces unless:
(1) The ship has at least one pump installed to discharge oily mixtures
through a fixed piping system to a reception facility;
(2) The piping system required by
this section has at least one outlet accessible from the weather deck;
(3) The outlet required by this section has a shore connection that meets
the specifications in § 155.430, or the
ship has at least one adapter that
meets the specifications in § 155.430 and
fits the required outlets;
(4) The ship has a means on the
weather deck near the discharge outlet
to stop each pump that is used to discharge oily wastes; and
(5) The ship has a stop valve installed
for each outlet required by this section.
(b) Paragraph (a) of this section does
not apply to a ship that has approved
oily-water separating equipment for
the processing of oily bilge slops or
oily fuel oil tank ballast.
(c) This section does not apply to a
fixed or floating drilling rig or other
platform.
§ 155.430 Standard discharge connections for oceangoing ships of 400
gross tons and above.
(a) An oceangoing ship of 400 gross
tons and above must be fitted with a
standard discharge shore connection,
for the discharge to reception facilities, of oily wastes from machinery
space bilges or fuel oil tank ballast
water. The discharge connection must
be of the following dimensions:
(1) Outside diameter=215 millimeters
(mm).
(2) Inner diameter=according to pipe
outside diameter.
(3) Bolt circle diameter=183 mm.

(4) Slots in flange=6 holes 22 mm in
diameter equidistantly placed on a bolt
circle of the above diameter, slotted to
the flange periphery. The slot width to
be 22 mm.
(5) Flange thickness=20 mm.
(6) Bolts and nuts, quantity and
number=6 each of 20 mm in diameter
and of suitable length.
(b) A portable adapter that meets the
specifications of paragraph (a) of this
section and that fits the discharge
shore connection, for the discharge of
oily wastes from machinery space
bilges may be substituted for the
standard discharge connection requirement of paragraph (a) of this section.
(c) The flange must be designed to accept pipes up to a maximum internal
diameter of 125 mm and shall be of
steel or other equivalent material having a flat face. This flange, together
with a gasket of oilproof material,
must be suitable for a service pressure
of 6 kilograms/square centimeters (kg/
cm2).
§ 155.440 Segregation of fuel oil and
water ballast on new oceangoing
ships of 4,000 gross tons and above,
other than oil tankers, and on new
oceangoing oil tankers of 150 gross
tons and above.
(a) Except as provided for in paragraph (b) of this section, in new oceangoing ships of 4,000 gross tons and
above other than oil tankers, and in
new oceangoing oil tankers of 150 gross
tons and above, ballast water must not
be carried in any fuel oil tank.
(b) Where abnormal conditions or the
need to carry large quantities of fuel
oil render it necessary to carry ballast
water that is not a clean ballast in any
fuel oil tank, that ballast water must
be discharged to reception facilities or
into the sea in compliance with Part
151 of this chapter using the equipment
specified in § 155.370, and an entry shall
be made in the Oil Record Book to this
effect.
(Approved by the Office of Management and
Budget under control number 2115–0025)

§ 155.450 Placard.
(a) A ship, except a ship of less than
26 feet in length, must have a placard
of at least 5 by 8 inches, made of durable material fixed in a conspicuous

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§ 155.470

33 CFR Ch. I (7–1–01 Edition)

place in each machinery space, or at
the bilge and ballast pump control station, stating the following:
DISCHARGE OF OIL PROHIBITED
The Federal Water Pollution Control Act
prohibits the discharge of oil or oily waste
into or upon the navigable waters of the
United States, or the waters of the contiguous zone, or which may affect natural resources belonging to, appertaining to, or
under the exclusive management authority
of the United States, if such discharge causes
a film or discoloration of the surface of the
water or causes a sludge or emulsion beneath
the surface of the water. Violators are subject to substantial civil penalties and/or
criminal sanctions including fines and imprisonment.

(b) Existing stocks of placards may
be used for the life of the placard.
(c) The placard required by paragraph
(a) or (b) of this section must be printed in the language or languages understood by the crew.
[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as
amended by CGD 93–054, 58 FR 62262, Nov. 26,
1993]

§ 155.470 Prohibited spaces.
(a) In a ship of 400 gross tons and
above, for which the building contract
is placed after January 1, 1982 or, in the
absence of a building contract, the keel
of which is laid or which is at a similar
stage of construction after July 1, 1982,
oil or hazardous material must not be
carried in a forepeak tank or a tank
forward of the collision bulkhead.
(b) A self-propelled ship of 300 gross
tons and above, to which paragraph (a)
of this section does not apply, may not
carry bulk oil or hazardous material in
any space forward of a collision bulkhead except:
(1) For a ship constructed after June
30, 1974, fuel oil for use on the ship may
be carried in tanks forward of a collision bulkhead, if such tanks are at
least 24 inches inboard of the hull
structure; or
(2) For a ship constructed before July
1, 1974, fuel oil for use on the ship may
be carried in tanks forward of a collision bulkhead, if such tanks were designated, installed, or constructed for
fuel oil carriage before July 1, 1974.
[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, as
amended by CGD 86–034, 55 FR 36254, Sept. 4,
1990]

§ 155.480

Overfill devices.

(a) For the purposes of this section,
‘‘oil’’ has the same definition as provided in § 151.05 of this chapter.
(b) Each tank vessel with a cargo capacity of 1,000 or more cubic meters
(approximately 6,290 barrels), loading
oil or oil residue as cargo, must have
one overfill device that is permanently
installed on each cargo tank and meets
the requirements of this section.
(1) On a tankship, each cargo tank
must be equipped with an overfill device (including an independent audible
alarm or visible indicator for that
tank) that meets the requirements for
tank overfill alarms under 46 CFR
39.20–7(b)(2) and (3), and (d)(1) through
(d)(4).
(2) On a tank barge, each cargo tank
must be equipped with an overfill device that—
(i) Meets the requirements of 46 CFR
39.20–7(b)(2) and (b)(3) and (d)(1)
through (d)(4), and 46 CFR 39.20–9(a)(1)
through (a)(3);
(ii) Is an installed automatic shutdown system that meets the requirements of 46 CFR 39.20–9(b); or
(iii) Is an installed high level indicating device that meets the requirements of 46 CFR 39.20–3(b)(1), (b)(2), and
(b)(3).
(c) Each cargo tank of a U.S. flag
tank vessel must have installed on it
an overfill device meeting the requirements of this section at the next scheduled cargo tank internal examination
performed on the vessel under 46 CFR
31.10–21.
(d) Each cargo tank of a foreign flag
tank vessel must have installed on it
an overfill device—
(1) At the first survey that includes
dry docking, as required by the vessel’s
flag administration, to meet the International Convention for the Safety of
Life at Sea (SOLAS), 1974, as amended,
or the International Load Line Convention of 1966; or
(2) At the first cargo tank internal
examination performed on the tank
vessel under 46 CFR 31.10–21.
(e) This section does not apply to a
tank vessel that does not meet the double hull requirements of § 157.10d of this
chapter and, under 46 U.S.C. 3703a(c),

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Coast Guard, DOT

§ 155.710

may not operate in the navigable waters or Exclusive Economic Zone of the
United States after January 1, 2000.
(f) This section does not apply to
tank vessels that carry asphalt, animal
fat, or vegetable oil as their only
cargo.
[CGD 90–071a, 59 FR 53290, Oct. 21, 1994, as
amended by CGD 90–071a, 62 FR 48773, Sept.
17, 1997]

Subpart C—Transfer Personnel,
Procedures, Equipment, and
Records
§ 155.700 Designation of person in
charge.
Each operator or agent of a vessel
with a capacity of 250 or more barrels
of fuel oil, cargo oil, hazardous material, or liquefied gas as regulated in
Table 4 of 46 CFR part 154, or each person who arranges for and hires a person
to be in charge of a transfer of fuel oil,
of a transfer of liquid cargo in bulk, or
of cargo-tank cleaning, shall designate,
either by name or by position in the
crew, the person in charge (PIC) of
each transfer to or from the vessel and
of each tank-cleaning.
[CGD 79–116, 62 FR 25126, May 8, 1997]

§ 155.710 Qualifications of person in
charge.
(a) On each tankship required to be
documented under the laws of the
United States, the operator or agent of
the vessel, or the person who arranges
and hires a person to be in charge either of a transfer of liquid cargo in
bulk or of cargo-tank cleaning, shall
verify to his or her satisfaction that
each person designated as a PIC—
(1) Has sufficient training and experience with the relevant characteristics
of the vessel on which he or she is engaged—including the cargo for transfer, the cargo-containment system, the
cargo system (including transfer procedures, and shipboard-emergency equipment and procedures), the control and
monitoring systems, the procedures for
reporting pollution incidents, and, if
installed,
the
Crude-Oil
Washing
(COW), inert-gas, and vapor-control
systems—to safely conduct a transfer
of fuel oil, a transfer of liquid cargo in
bulk, or cargo-tank cleaning;

(2) Except as provided in paragraph
(g) of this section, holds a license
issued under 46 CFR part 10 authorizing
service aboard a vessel certified for
voyages beyond any Boundary Line described in 46 CFR part 7, except on
tankships or self-propelled tank vessels
not certified for voyages beyond the
Boundary Line; and
(3) Except as provided in paragraph
(g) of this section and 46 CFR 13.113 (a)
or (c), holds a Tankerman-PIC endorsement issued under 46 CFR part 13 that
authorizes the holder to supervise the
transfer of fuel oil, the transfer of liquid cargo in bulk, or cargo-tank cleaning, as appropriate to the product.
(b) On each tank barge required to be
inspected under 46 U.S.C. 3703, the operator or agent of the vessel, or the
person who arranges and hires a person
to be in charge of a transfer of fuel oil,
of a transfer of liquid cargo in bulk, or
of cargo-tank cleaning, shall verify to
his or her satisfaction that each PIC—
(1) Has sufficient training and experience with the relevant characteristics
of the vessel on which he or she is engaged—including the cargo for transfer, the cargo-containment system, the
cargo system (including transfer procedures, and shipboard-emergency equipment and procedures), the control and
monitoring systems, the procedures for
reporting pollution incidents, and, if
installed, the COW, inert-gas, and
vapor-control systems—to safely conduct either a transfer of liquid cargo in
bulk or cargo-tank cleaning; and
(2) Except as provided in paragraph
(g) of this section and 46 CFR part
13.113 (a) or (c), holds a Tankerman-PIC
or Tankerman-PIC (Barge) endorsement issued under 46 CFR part 13 that
authorizes the holder to supervise the
transfer of fuel oil, the transfer of liquid cargo in bulk, or cargo-tank cleaning, as appropriate to the product and
vessel.
(c) On each foreign tankship, the operator or agent of the vessel shall
verify to his or her satisfaction that
each PIC either of a transfer of liquid
cargo in bulk or of cargo-tank cleaning—
(1) Has sufficient training and experience with the relevant characteristics
of the vessel on which he or she is engaged, including the cargo for transfer,

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§ 155.710

33 CFR Ch. I (7–1–01 Edition)

the cargo-containment system, the
cargo system (including transfer procedures, and shipboard-emergency equipment and procedures), the control and
monitoring systems, the procedures for
reporting pollution incidents, and, if
installed, the systems for crude-oil
washing, inert gas, and vapor control,
to safely conduct either a transfer of
liquid cargo in bulk or cargo-tank
cleaning;
(2) Except as provided in paragraph
(g) of this section, holds a license or
other document issued by the flag state
or its authorized agent authorizing
service as master, mate, pilot, engineer, or operator on that vessel;
(3) Except as provided in paragraph
(g) of this section, holds a DangerousCargo Endorsement or Certificate
issued by a flag state party to the
International Convention on Standards
of
Training,
Certification
and
Watchkeeping
for
Seafarers,
1978
(STCW), or other form of evidence acceptable to the Coast Guard, attesting
the PIC’s meeting the requirements of
Chapter V of STCW as a PIC of the
transfer of fuel oil, of the transfer of
liquid cargo in bulk, or of cargo-tank
cleaning;
(4) Is capable of reading, speaking,
and understanding in English, or a language mutually-agreed-upon with the
shoreside PIC of the transfer, all instructions needed to commence, conduct, and complete a transfer of fuel
oil, a transfer of liquid cargo in bulk,
or cargo-tank cleaning, except that the
use of an interpreter meets this requirement if the interpreter—
(i) Fluently speaks the language spoken by each PIC;
(ii) Is immediately available to the
PIC on the tankship at all times during
the transfer or cargo-tank cleaning;
and
(iii) Is knowledgeable about, and conversant with terminology of, ships,
transfers, and cargo-tank cleaning; and
(5) Is capable of effectively communicating with all crewmembers involved in the transfer or cargo-tank
cleaning, with or without an interpreter.
(d) On each foreign tank barge, the
operator or agent of the vessel shall
verify to his or her satisfaction that
each PIC either of the transfer of liquid

cargo in bulk or of cargo-tank cleaning—
(1) Has sufficient training and experience with the relevant characteristics
of the vessel on which he or she is engaged—including the cargo for transfer, the cargo-containment system, the
cargo system (including transfer procedures, and shipboard-emergency equipment and procedures), the control and
monitoring systems, the procedures for
reporting pollution incidents, and, if
installed, the COW, inert-gas, and
vapor-control systems—to safely conduct a transfer of fuel oil, a transfer of
liquid cargo in bulk, or cargo-tank
cleaning;
(2) Except as provided in paragraph
(g) of this section, holds a DangerousCargo Endorsement or Certificate
issued by a flag state party to STCW,
or other form of evidence acceptable to
the Coast Guard, attesting the PIC’s
meeting the requirements of Chapter V
of STCW as a PIC of the transfer of fuel
oil, of the transfer of liquid cargo in
bulk, or of cargo-tank cleaning;
(3) Is capable of reading, speaking,
and understanding in English, or a language mutually-agreed-upon with the
shoreside PIC of the transfer, all instructions needed to commence, conduct, and complete a transfer of fuel
oil, a transfer of liquid cargo in bulk,
or cargo-tank cleaning, except that the
use of an interpreter meets this requirement if the interpreter—
(i) Fluently speaks the language spoken by each PIC;
(ii) Is immediately available to the
PIC on the tankship at all times during
the transfer or cargo-tank cleaning;
and
(iii) Is knowledgeable about, and conversant with terminology of, ships,
transfers, and cargo-tank cleaning; and
(4) Is capable of effectively communicating with all crewmembers involved in the transfer or cargo-tank
cleaning, with or without an interpreter.
(e) The operator or agent of each vessel to which this section applies shall
verify to his or her satisfaction that
the PIC of any transfer of fuel oil requiring a Declaration of Inspection—
(1) On each inspected vessel required
by 46 CFR chapter I to have a licensed
person aboard, holds a valid license

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Coast Guard, DOT

§ 155.740

issued under 46 CFR part 10 authorizing
service as a master, mate, pilot, engineer, or operator aboard that vessel, or
holds a valid merchant mariner’s document endorsed as Tankerman-PIC;
(2) On each uninspected vessel, either
complies with the requirements of
paragraph (e)(1) of this section or carries a letter satisfying the requirements of § 155.715 and designating him
or her as a PIC, unless equivalent evidence is immediately available aboard
the vessel or at his or her place of employment.
(3) On each tank barge, for its own
engine-driven pumps, either complies
with paragraph (e)(1) or (2) of this section or has been instructed by the operator or agent of the vessel both in his
or her duties and in the Federal statutes and regulations on water pollution
that apply to the vessel; or
(4) On each foreign vessel, holds a license or certificate issued by a flag
state party to STCW, or other form of
evidence acceptable to the Coast
Guard, attesting the qualifications of
the PIC to act as master, mate, pilot,
operator, engineer, or tankerman
aboard that vessel.
(f) Except as provided in paragraph
(g) of this section, the operator or
agent of each self-propelled tank vessel
carrying oil or hazardous material in
bulk shall verify to his or her satisfaction that the PIC of the transfer of oil
or hazardous material in bulk to or
from a vessel, or of cargo-tank cleaning, holds a Tankerman-PIC endorsement on his or her MMD and either a
license or a Certificate issued by a flag
state party to STCW authorizing service as a master, mate, pilot, engineer,
or operator aboard that vessel.
(g) The PIC of a cargo-tank cleaning
on a vessel at a tank-cleaning facility
or shipyard need not hold any of the licenses, documents, certificates, or endorsements required in paragraphs (a)
through (f) of this section, if he or she
is a National Fire Protection Association Certificated Marine Chemist.
[CGD 79–116, 60 FR 17141, Apr. 4, 1995, as
amended by CGD 79–116, 61 FR 25126, May 8,
1997; CGD 79–116, 63 FR 35826, July 1, 1998]

§ 155.715 Contents of letter of designation as a person-in-charge of the
transfer of fuel oil.
The letter of instruction required in
§ 155.710(e)(2) must designate the holder
as a person-in-charge of the transfer of
fuel oil and state that the holder has
received sufficient formal instruction
from the operator or agent of the vessel to ensure his or her ability to safely
and adequately carry out the duties
and responsibilities of the PIC described in 33 CFR 156.120 and 156.150.
[CGD 79–116, 63 FR 35826, July 1, 1998]

§ 155.720

Transfer procedures.

The operator of a vessel with a capacity of 250 or more barrels of oil, hazardous material, or liquefied gas as
regulated in Table 4 of 46 CFR part 154
shall provide transfer procedures that
meet the requirements of this part and
part 156 of this chapter for transferring—
(a) To or from the vessel; and
(b) From tank to tank within the
vessel.
[CGD 86–034, 55 FR 36254, Sept. 4, 1990, as
amended by CGD 79–116, 62 FR 25127, May 8,
1997]

§ 155.730 Compliance
procedures.

with

transfer

The vessel operator of each vessel required by § 155.720 to have transfer procedures shall maintain them current
and shall require vessel personnel to
use the transfer procedures for each
transfer operation.
[CGD 75–124, 45 FR 7175, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36254, Sept. 4,
1990]

§ 155.740 Availability of transfer procedures.
The transfer procedures required by
§ 155.720 must be:
(a) Available for inspection by the
COTP or OCMI whenever the vessel is
in operation;
(b) Legibly printed in a language or
languages understood by personnel engaged in transfer operations; and
(c) Permanently posted or available
at a place where the procedures can be
easily seen and used by members of the

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§ 155.750

33 CFR Ch. I (7–1–01 Edition)

crew when engaged in transfer operations.
[CGD 75–124, 45 FR 7175, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36254, Sept. 4,
1990]

§ 155.750 Contents of transfer procedures.
(a) The transfer procedures required
by § 155.720 must contain, either in the
order listed or by use of a cross-reference index page:
(1) A list of each product transferred
to or from the vessel, including the following information:
(i) Generic or chemical name;
(ii) Cargo information as described in
§ 154.310(a)(5)(ii) of this chapter; and
(iii) Applicability of transfer procedures;
(2) A description of each transfer system on the vessel including:
(i) A line diagram of the vessel’s
transfer piping, including the location
of each valve, pump, control device,
vent, and overflow;
(ii) The location of the shutoff valve
or other isolation device that separates
any bilge or ballast system from the
transfer system; and
(iii) A description of and procedures
for emptying the discharge containment system required by §§ 155.310 and
155.320;
(3) The number of persons required to
be on duty during transfer operations;
(4) The duties by title of each officer,
person in charge, tankerman, deckhand, and any other person required for
each transfer operation;
(5) Procedures and duty assignments
for tending the vessel’s moorings during the transfer of oil or hazardous material;
(6) Procedures for operating the
emergency shutdown and communications means required by §§ 155.780 and
155.785, respectively;
(7) Procedures for topping off tanks;
(8) Procedures for ensuring that all
valves used during the transfer operations are closed upon completion of
transfer;
(9) Procedures for reporting discharges of oil or hazardous material
into the water; and
(10) Procedures for closing and opening the vessel openings in § 155.815.

(11) Statements explaining that each
hazardous materials transfer hose is
marked with either the name of each
product which may be transferred
through the hose or with letters, numbers or other symbols representing all
such products and the location in the
transfer procedures where a chart or
list of the symbols used and a list of
the compatible products which may be
transferred through the hose can be
found for consultation before each
transfer.
(b) Exemptions or alternatives granted must be placed in the front of the
transfer procedures.
(c) The vessel operator shall incorporate each amendment to the transfer
procedures under § 155.760 in the procedures with the related existing requirement, or at the end of the procedures if
not related to an existing requirement.
(d) If a vessel is fitted with a vapor
control system, the transfer procedures
must contain a description of the vapor
collection system on the vessel which
includes:
(1) A line diagram of the vessel’s
vapor collection system piping, including the location of each valve, control
device, pressure–vacuum relief valve,
pressure indicator, flame arresters, and
detonation arresters, if fitted;
(2) The location of spill valves and
rupture disks, if fitted;
(3) The maximum allowable transfer
rate determined in accordance with 46
CFR 39.30–1(d) (1) through (d)(3);
(4) The initial transfer rate for each
tank that complies with 46 CFR 39.30–
1(h);
(5) A table or graph of transfer rates
and corresponding vapor collection system pressure drops calculated in accordance with 46 CFR 39.30–1(b);
(6) The relief settings of each spill
valve, rupture disk, and pressure-vacuum relief valve; and
(7) A description of and procedures
for operating the vapor collection system, including the:
(i) Pre-transfer equipment inspection
requirements;
(ii) Vapor line connection;
(iii) Closed gauging system;
(iv) High level alarm system, if
fitted; and
(v) Independent automatic shutdown
system, if fitted.

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Coast Guard, DOT

§ 155.780

(e) If a cargo tank of a tank vessel is
fitted with an overfill device, the
transfer procedures must contain a description of the overfill device, including:
(1) The tank overfill device system
and specific procedures for the person
in charge to—
(i) Monitor the level of cargo in the
tank; and
(ii) Shut down transfer operations in
time to ensure that the cargo level in
each tank does not exceed the maximum amount permitted by § 155.775(b).
(2) Pre-transfer overfill device equipment inspection and test requirements.
(Approved by the Office of Management and
Budget under control number 2115–0120)
[CGD 75–124, 45 FR 7175, Jan. 31, 1980, as
amended by CGD 88–102, 55 FR 25445, June 21,
1990; CGD 86–034, 55 FR 36254, Sept. 4, 1990;
CGD 92–027, 58 FR 39662, July 26, 1993; CGD
90–071a, 59 FR 53291, Oct. 21, 1994]

§ 155.760 Amendment of transfer procedures.
(a) The COTP or OCMI may require
the vessel operator of any vessel that is
required to have transfer procedures
under § 155.720 to amend those procedures if the COTP or OCMI finds that
the transfer procedures do not meet
the requirements of this part.
(b) The COTP or OCMI shall notify
the vessel operator in writing of any
inadequacies in the oil transfer procedures. The vessel operator may submit
written information, views, and arguments on and proposals for amending
the procedures within 14 days from the
date of the COTP or OCMI notice. After
considering all relevant material presented, the COTP or OCMI shall notify
the vessel operator of any amendment
required or adopted, or the COTP or
OCMI may rescind the notice. The
amendment becomes effective 30 days
after the vessel operator receives the
notice, unless the vessel operator petitions the Commandant to review the
COTP or OCMI notice, in which case its
effective date is delayed pending a decision by the Commandant. Petitions
to the Commandant must be submitted
in writing via the COTP or OCMI who
issued the requirement to amend.
(c) If the COTP or OCMI finds that
there is a condition requiring immediate action to prevent the discharge

or risk of discharge that makes the
procedure in paragraph (b) of this section impractical or contrary to the
public interest, he or she may issue an
amendment effective on the date the
vessel operator receives notice of it. In
such a case, the COTP or OCMI includes a brief statement of the reasons
for the findings in the notice, and the
vessel operator may petition the Commandant, in any manner, to review the
amendment. The petition does not
postpone the amendment.
[CGD 75–124, 45 FR 7175, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36255, Sept. 4,
1990]

§ 155.770

Draining into bilges.

No person may intentionally drain
oil or hazardous material from any
source into the bilge of a vessel.
[CGD 86–034, 55 FR 36255, Sept. 4, 1990]

§ 155.775

Maximum cargo level of oil.

(a) For the purposes of this section,
‘‘oil’’ has the same meaning as provided in § 151.05 of this chapter.
(b) A cargo tank on a tank vessel
may not be filled with oil higher than—
(1) 98.5 percent of the cargo tank volume; or
(2) The level at which the overfill
alarm required by § 155.480 is set.
[CGD 90–071a, 59 FR 53291, Oct. 21, 1994]

§ 155.780

Emergency shutdown.

(a) A tank vessel with a capacity of
250 or more barrels that is carrying oil
or hazardous material as cargo must
have on board an emergency means to
enable the person in charge of a transfer operation to a facility, to another
vessel, or within the vessel to stop the
flow of oil or hazardous material.
(b) The means to stop the flow may
be a pump control, a quick-acting,
power actuated valve, or an operating
procedure. If an emergency pump control is used, it must stop the flow of oil
or hazardous material if the oil or hazardous material could siphon through
the stopped pump.
(c) The means to stop the flow must
be operable from the cargo deck, cargo
control room, or the usual operating

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§ 155.785

33 CFR Ch. I (7–1–01 Edition)

station of the person in charge of the
transfer operation.
[CGD 86–034, 55 FR 36255, Sept. 4, 1990]

§ 155.785

Communications.

(a) During vessel to vessel transfers,
each tank vessel with a capacity of 250
or more barrels of cargo that is carrying oil or hazardous material must
have a means that enables continuous
two-way voice communication between
the persons in charge of the transfer
operations on both vessels.
(b) Each vessel must have a means,
which may be the communication system itself, that enables a person on
board each vessel to effectively indicate his desire to use the means of
communication required by paragraph
(a) of this section.
(c) The means required by paragraph
(a) of this section must be usable and
effective in all phases of the transfer
operation and all conditions of weather.
(d) Portable radio devices used to
comply with paragraph (a) of this section during the transfer of flammable
or combustible liquids must be intrinsically safe, as defined in 46 CFR 110.15–
100(i), and meet Class I, Division I,
Group D requirements as defined in 46
CFR 111.80.
[CGD 75–124, 45 FR 7175, Jan. 31, 1980; 45 FR
43705, June 30, 1980, as amended by CGD 86–
034, 55 FR 36255, Sept. 4, 1990]

§ 155.790

Deck lighting.

(a) A self-propelled vessel with a capacity of 250 or more barrels of oil or
hazardous material that is conducting
transfer operations between sunset and
sunrise must have deck lighting that
adequately illuminates—
(1) Each transfer operations work
area and each transfer connection
point in use on the vessel; and
(2) Each transfer operations work
area and each transfer connection
point in use on each barge, if any,
moored to the vessel to or from which
oil or hazardous material is being
transferred;
(b) Where the illumination is apparently inadequate the OCMI or COTP
may require verification by instrument
of the levels of illumination. On a hori-

zontal plane 3 feet above the deck the
illumination must measure at least:
(1) 5.0 foot candles at transfer connection points; and
(2) 1.0 foot candle in transfer operations work areas.
(c) Lighting must be located or
shielded so as not to mislead or otherwise interfere with navigation on the
adjacent waterways.
[CGD 75–124, 45 FR 7175, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36255, Sept. 4,
1990]

§ 155.800 Transfer hose.
Hose used to transfer oil or hazardous material must meet the requirements of § 154.500 of this chapter.
[CGD 75–124, 45 FR 7175, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36255, Sept. 4,
1990]

§ 155.805 Closure devices.
(a) Each end of each transfer hose on
board which is not connected for the
transfer of oil or hazardous material
must be blanked off with butterfly
valves, wafer-type resilient seated
valves, blank flanges, or other means
acceptable to the COTP or OCMI.
(b) New, unused hose is exempt from
the requirement in paragraph (a) of
this section.
[CGD 75–124, 45 FR 7175, Jan. 31, 1980, as
amended by CGD 86–034, 55 FR 36255, Sept. 4,
1990]

§ 155.810 Tank vessel security.
The vessel operator of each tank vessel that contains more oil than the
normal clingage and unpumpable bilge
or sump residues in any cargo tank
shall maintain surveillance of that vessel by using a person who is responsible
for the security of the vessel and for
keeping unauthorized persons off the
vessel.
[CGD 75–124, 45 FR 7175, Jan. 31, 1980]

§ 155.815 Tank vessel integrity.
(a) Except as provided in paragraph
(b) of this section, a tank vessel underway or at anchor must have all closure
mechanisms on the following openings
properly closed:
(1) Expansion trunk hatches;
(2) Ullage openings;
(3) Sounding ports;

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Coast Guard, DOT

§ 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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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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Coast Guard, DOT

§ 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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Coast Guard, DOT

§ 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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Coast Guard, DOT

§ 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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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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33 CFR Ch. I (7–1–01 Edition)

(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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Coast Guard, DOT

§ 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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Coast Guard, DOT

§ 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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§ 155.1125

33 CFR Ch. I (7–1–01 Edition)

through an oil spill removal organization required by § 155.1125, the necessary response resources to remove, to
the maximum extent practicable, a
worst case discharge or a discharge of
200,000 barrels of oil, whichever is
greater, in Prince William Sound, AK.
§ 155.1125 Additional response plan requirements.
(a) The owner or operator of a tanker
subject to this subpart shall include
the requirements of this section in the
Prince William Sound geographic-specific appendix required by subpart D of
this part.
(1) The response plan must include
identification of an oil spill removal
organization that shall—
(i) Perform response activities;
(ii) Provide oil spill removal and containment training, including training
in the operation of prepositioned equipment, for personnel, including local
residents and fishermen, from the following locations in Prince William
Sound—
(A) Valdez;
(B) Tatitlek;
(C) Cordova;
(D) Whittier;
(E) Chenega; and
(F) Fish hatcheries located at Port
San Juan, Main Bay, Esther Island,
Cannery Creek, and Solomon Gulch.
(iii) Consist of sufficient numbers of
trained personnel with the necessary
technical skills to remove, to the maximum extent practicable, a worst case
discharge or a discharge of 200,000 barrels of oil, whichever is greater;
(iv) Provide a plan for training sufficient numbers of additional personnel
to remove, to the maximum extent
practicable, a worst case discharge or a
discharge of 200,000 barrels of oil,
whichever is greater; and
(v) Address the responsibilities required in § 155.1035(d)(4).
(2) The response plan must include
exercise procedures that must—
(i) Provide two exercises of the oil
spill removal organization each year to
ensure prepositioned equipment and
trained personnel required under this
subpart perform effectively;
(ii) Provide for both announced and
unannounced exercises; and

(iii) Provide for exercises that test
either the entire appendix or individual
components.
(3) The response plan must identify a
testing, inspection, and certification
program for the prepositioned response
equipment required in § 155.1130 that
must provide for—
(i) Annual testing and equipment inspection in accordance with the manufacturer’s recommended procedures, to
include—
(A) Start-up and running under load
of all electrical motors, pumps, power
packs, air compressors, internal combustion engines, and oil recovery devices; and
(B) Removal of no less than one-third
of required boom from storage annually, such that all boom will have been
removed and examined within a period
of 3 years;
(ii) Records of equipment tests and
inspection; and
(iii) Use of an independent entity to
certify that the equipment is on-site
and in good operating condition and
that required tests and inspections
have been performed. The independent
entity must have appropriate training
and expertise to provide this certification.
(4) The response plan must identify
and
give
the
location
of
the
prepositioned response equipment required in § 155.1130 including the make,
model, and effective daily recovery
rate of each oil recovery resource.
(b) The owner or operator shall submit to the COTP for approval, no later
than September 30th of each calendar
year, a schedule for the training and
exercises required by the geographicspecific appendix for Prince William
Sound for the following calendar year.
(c) All records required by this section must be available for inspection
by the Coast Guard and must be maintained for a period of 3 years.
§ 155.1130 Requirements
for
prepositioned response equipment.
The owner or operator of a tanker
subject to this subpart shall provide
the following prepositioned response
equipment, located within Prince William Sound, in addition to that required by § 155.1035:

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§ 155.1225

(a) On-water recovery equipment
with a minimum effective daily recovery capacity of 30,000 barrels, capable
of being on scene within 6 hours of notification of a discharge.
(b) On-water storage capacity of
100,000 barrels, capable of being on
scene within 6 hours of notification of
a discharge.
(c) Additional on-water recovery
equipment with a minimum effective
daily recovery capacity of 40,000 barrels
capable of being on scene within 18
hours of notification of a discharge.
(d) On-water storage capacity of
300,000 barrels for recovered oily material, capable of being on scene within 24
hours of notification of a discharge.
(e) On-water oil recovery devices and
storage equipment located in communities and at strategic locations.
(f) For sufficient protection of the
environment in the locations identified
in § 155.1125(a)(1)(ii)—
(1) Boom appropriate for the specific
locations;
(2) Sufficient boats to deploy boom
and sorbents;
(3) Sorbents including booms, sweeps,
pads, blankets, drums and plastic bags;
(4) Personnel protective clothing and
equipment;
(5) Survival equipment;
(6) First aid supplies;
(7) Buckets, shovels, and various
other tools;
(8) Decontamination equipment;
(9) Shoreline cleanup equipment;
(10) Mooring equipment;
(11) Anchored buoys at appropriate
locations to facilitate the positioning
of defensive boom; and
(12) Other appropriate removal equipment for the protection of the environment as identified by the COTP.
(g) For each oil-laden tanker, an escorting response vessel which is fitted
with skimming and on board storage
capabilities practicable for the initial
oil recovery planned for a cleanup operation, as identified by the oil spill removal organization.
(h) Lightering resources required in
§ 155.1050(l) capable of arriving on scene
within 6 hours of notification of a discharge.

§ 155.1135 Response plan development
and evaluation criteria.
For tankers subject to this subpart,
the following response times must be
used in determining the on-scene arrival time in Prince William Sound, for
the response resources required by
§ 155.1050:

Prince William
Sound.

Tier 1

Tier 2

12 hrs ......

24 hrs ......

§ 155.1145 Submission
procedures.

and

Tier 3
36 hrs

approval

An appendix prepared under this subpart must be submitted and approved
in accordance with § 155.1065.
§ 155.1150 Plan revision and amendment procedures.
An appendix prepared and submitted
under this subpart must be revised and
amended, as necessary, in accordance
with § 155.1070.

Subpart F—Response plan requirements for vessels carrying animal fats and vegetable oils as a primary cargo
SOURCE: CGD 91–034, 61 FR 1098, Jan. 12,
1996, unless otherwise noted.

§ 155.1210

Purpose and applicability.

This subpart establishes oil spill response planning requirements for an
owner or operator of a vessel carrying
animal fats and vegetable oils as a primary cargo. 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.
§ 155.1225 Response plan submission
requirements.
An owner or operator of a vessel carrying animal fats and vegetable oils as
a primary cargo shall submit a response plan in accordance with the requirements of this subpart, and with
all sections of subpart D of this part,
except §§ 155.1050 and 155.1052.

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§ 155.1230

33 CFR Ch. I (7–1–01 Edition)

§ 155.1230 Response plan development
and evaluation criteria.
(a) Owners and operators of vessels
that carry animal fats or vegetable oils
as a primary cargo must provide information in their plan that identifies—
(1) Procedures and strategies for responding to a worst case discharge of
animal fats or vegetable oils to the
maximum extent practicable; and
(2) Sources of the equipment and supplies necessary to contain, recover, and
mitigate such a discharge.
(b) An owner or operator of a vessel
carrying animal fats or vegetable oils
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
using the criteria in Table 1 of Appendix B of this part. 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 animal fats or vegetable oils
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) Containment boom, sorbent boom,
or other methods for containing oil
floating on the surface or to protect
shorelines from impact;
(2) Oil recovery devices appropriate
for the type of animal fats or vegetable
oils carried; and
(3) Other appropriate equipment necessary to respond to a discharge involving the type of animal fats or vegetable
oils carried.
(d) Response resources identified in a
response plan under paragraph (c) of
this section must be capable of arriving
on-scene within the applicable Tier 1
response times specified in this paragraph. An oil spill removal organization may not be listed in the plan unless the organization has provided written consent to be listed in the plan as

an available resource. Response times
from the time of discovery of a discharge are as follows:

Higher volume port
area.
Great Lakes .............
All other rivers and
canals, inland,
nearshore, and
offshore areaas.
Open ocean (plus
travel time from
shore).

Tier 1

Tier 2

12 hrs ......

N/A ...........

N/A

Tier 3

18 hrs ......
24 hrs ......

N/A ...........
N/A ...........

N/A
N/A

24 hrs+ ....

N/A ...........

N/A

(e) The owner or operator of a vessel
carrying animal fats or vegetable oils
as a primary cargo must 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.
(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.
(g) The owner or operator of a vessel
carrying animal fats or vegetable oils
as a primary cargo must identify in the
response plan, and ensure the availability of, through contract or other
approved means, certain resources required by subpart D, § 155.1035(c)(5)(ii)
and § 155.1040(c)(5)(i), as applicable.
(1) Resources must include—
(i) Fendering equipment;
(ii) Transfer hoses and connection
equipment; and

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Coast Guard, DOT

§ 155.2230

(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.
(h) The response plan for a vessel
that is located in any environment
with year-round preapproval for use of
dispersants suitable for animal fats and
vegetable oils and that handles, stores,
or transports animal fats or vegetable
oils may request a credit for up to 25
percent of the worst case planning volume set forth by subpart D of this part.
To receive this credit, the vessel owner
or operator must identify in the plan
and ensure, by contract or other approved means, the availability of specified resources to apply the dispersants
and to monitor their effectiveness. To
extent of the credit will be based on
the volumes of the dispersant available
to sustain operations at the manufacturers’ recommended dosage rates.
Other spill mitigation techniques, including mechanical dispersal, may be
identified in the response plan, provided they are in accordance with the
NCP and the applicable ACP. Resources
identified for plan credit should be capable of being on scene within 12 hours
of a discovery of a discharge. Identification of these resources does not
imply that they will be authorized for
use. Actual authorization for use during the spill response will be governed
by the provisions of the NCP and the
applicable ACP.

Subpart G—Response Plan Requirements for Vessels Carrying Other Non-Petroleum
Oils as a Primary Cargo
SOURCE: CGD 91–034, 61 FR 1099, Jan. 12,
1996, unless otherwise noted.

§ 155.2210

Purpose and applicability.

This subpart establishes oil spill response planning requirements for an
owner or operator of a vessel carrying
other non-petroleum oils as a primary
cargo. 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.
§ 155.2225 Response plan submission
requirements.
An owner or operator of a vessel carrying other non-petroleum oils as a primary cargo shall submit a response
plan in accordance with the requirements of this subpart, and with all sections of subpart D of this part, except
§§ 155.1050 and 155.1052.
§ 155.2230 Response plan development
and evaluation criteria.
(a) Owners and operators of vessels
that carry other non-petroleum oil as a
primary cargo must provide information in their plan that identifies—
(1) Procedures and strategies for responding to a worst case discharge of
other non-petroleum oils to the maximum extent practicable; and
(2) Sources of the equipment and supplies necessary to contain, recover, and
mitigate such a discharge.
(b) An owner or operator of a vessel
carrying other non-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
using the criteria in Table 1 of Appendix B of this part. 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;

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§ 155.2230

33 CFR Ch. I (7–1–01 Edition)

(2) Debris;
(3) Temperature ranges; and
(4) Weather-related visibility.
(c) The owner or operator of a vessel
carrying other non-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) Containment boom, sorbent boom,
or other methods for containing oil
floating on the surface or to protect
shorelines from impact;
(2) Oil recovery devices appropriate
for the type of other non-petroleum oil
carried; and
(3) Other appropriate equipment necessary to respond to a discharge involving the type of other non-petroleum oil
carried.
(d) Response resources identified in a
response plan under paragraph (c) of
this section must be capable of arriving
on-scene within the applicable Tier 1
response times specified in this paragraph. An oil spill removal organization may not be listed in the plan unless the organization has provided written consent to be listed in the plan as
an available resource. Response times
from the time of discovery of a discharge are as follow:

Higher volume port
area.
Great Lakes .............
All other rivers and
canals, inland,
nearshore, and
offshore areas.
Open ocean (plus
travel time from
shore).

Tier 1

Tier 2

12 hrs ......

N/A ...........

N/A

Tier 3

18 hrs ......
24 hrs ......

N/A ...........
N/A ...........

N/A
N/A

24 hrs+ ....

N/A ...........

N/A

(e) The owner or operator of a vessel
carrying other non-petroleum oil as a
primary cargo must 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.
(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.
(g) The owner or operator of a vessel
carrying other non-petroleum oil as a
primary cargo must identify in the response plan, and ensure the availability of, through contract or other
approved means, certain resources required by subpart D of this part,
§ 155.1035(c)(5)(ii) and § 155.1040(c)(5)(i) of
this part, as applicable.
(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.
(h) The response plan for a vessel
that is located in any environment
with year-round preapproval for use of
dispersants and that handles, stores, or
transports other non-petroleum oils

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Coast Guard, DOT

Pt. 155, App. B

may request a credit for up to 25 percent of the worst case planning volume
set forth by subpart D of this part. To
receive this credit, the vessel owner or
operator must identify in the plan and
ensure, by contract or other approved
means, the availability of specified resources to apply the dispersants and to
monitor their effectiveness. The extent
of the credit will be based on the volumes of the dispersant available to sustain operations at the manufacturers’
recommended dosage rates. 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 NCP and the applicable ACP.
APPENDIX A TO PART 155—
SPECIFICATIONS FOR SHORE CONNECTION
[See §§ 340, 350, 370 and 380 of this Part]
Item

Description

1 .................

Outside diameter.
Inside diameter

2 .................
3 .................
4 .................

5 .................
6 .................

Bolt circle diameter.
Slots in flange

Flange thickness.
Bolts and nuts

Dimension
215 mm. (8 in.).
According to pipe outside
diameter.
183 mm. (7 3⁄16 in.).
6 holes 22 mm. (7⁄8 in.) in
diameter shall be
equidistantly placed on a
bolt circle of the above diameter, slotted to the
flange periphery. The slot
width is to be 22 mm. (7⁄8
in.).
20 mm. (3⁄4 in.).
6, each of 20 mm. (3⁄4 in.)
in diameter and of suitable length.

The flange must be of steel having a flat face, with a gasket
of oilproof material, and must be suitable for a service pressure of 6 kg./cm.2 (85 p.s.i.).
The steel materials used must meet the material specifications of standard B16.5, Steel Pipe Flanges and Flanged Fittings of the American National Standards Institute. (See
§ 154.106 of this chapter.)

[CGD 75–124, 45 FR 7176, Jan. 31, 1980]

APPENDIX B TO PART 155—DETERMINING
AND
EVALUATING REQUIRED RESPONSE RESOURCES FOR VESSEL RESPONSE PLANS
1. Purpose
1.1 The purpose of this appendix is to describe the procedures for identifying response resources to meet the requirements of
subparts D, E, F, and G of this part. These
guidelines will be used by the vessel owner or
operator in preparing the response plan and

by the Coast Guard to review vessel response
plans. Response plans submitted under subparts F and G of this part will be evaluated
under the guidelines in section 2 and Table 1
of this appendix.
2. Equipment Operability and Readiness
2.1 All equipment identified in a response
plan must be capable of operating in the conditions expected in the geographic area in
which a vessel operates. These conditions
vary widely based on the location and season. Therefore, it is difficult to identify a
single stockpile of response equipment that
will function effectively in every geographic
location.
2.2 Vessels storing, handling, or transporting oil in more than one operating environment as indicated in Table 1 must identify equipment capable of successfully functioning in each operating environment. For
example, vessels moving from the ocean to a
river port must identify appropriate equipment designed to meet the criteria for
transiting oceans, inland waterways, rivers,
and canals. This equipment may be designed
to operate in all of these environments or,
more likely, different equipment may be designed for use in each area.
2.3 When identifying equipment for response plan credit, a vessel owner or operator must consider the inherent limitations
in the operability of equipment components
and response systems. The criteria in Table
1 of this appendix must be used for evaluating the operability in a given environment.
These criteria reflect the general conditions
in certain operating areas.
2.4 Table 1 of this appendix lists criteria
for oil recovery devices and boom. All other
equipment necessary to sustain or support
response operations in a geographic area
must be designed to function in the same
conditions. For example, boats which deploy
or support skimmers or boom must be capable of being safely operated in the significant
wave heights listed for the applicable operating environment. The Coast Guard may require documentation that the boom identified in a response plan meets the criteria in
Table 1 of this appendix. Absent acceptable
documentation, the Coast Guard may require
that the boom be tested to demonstrate that
it meets the criteria in Table 1 of this appendix. Testing must be in accordance with certain American Society for Testing Materials
(ASTM) standards [ASTM F 715 (incorporated by reference, see § 155.140) Standard
Methods of Testing Spill Control Barrier
Membrane Materials], or other tests approved by the Coast Guard.
2.5 A vessel owner or operator must refer
to the applicable Area Contingency Plan to
determine if ice, debris, and weather-related
visibility are significant factors in evaluating the operability of equipment. The Area

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Pt. 155, App. B

33 CFR Ch. I (7–1–01 Edition)

Contingency Plan will also identify the average temperature ranges expected in a geographic area in which a vessel operates. All
equipment identified in a response plan must
be designed to operate within those conditions or ranges.
2.6 The requirements of subparts D, E, F,
and G of this part establish response resource mobilization and response times. The
location that the vessel operates farthest
from the storage location of the response resources must be used to determine whether
the resources are capable of arriving on
scene within the time required. A vessel
owner or operator shall include the time for
notification, mobilization, and travel time of
resources identified to meet the maximum
most probable discharge and Tier 1 worst
case discharge requirements. For subparts D
and E of this part, tier 2 and 3 resources
must be notified and mobilized as necessary
to meet the requirements for arrival on
scene. An on-water speed of 5 knots and a
land speed of 35 miles per hour is assumed,
unless the vessel owner or operator can demonstrate otherwise.
2.7 For subparts D and E of this part, in
identifying equipment, the vessel owner or
operator shall list the storage location,
quantity, and manufacturer’s make and
model, unless the oil spill removal organization(s) providing the necessary response resources have been evaluated by the Coast
Guard, and their capability has been determined to equal or exceed the response capability needed by the vessel. For oil recovery
devices, the effective daily recovery capacity, as determined using section 6 of this appendix, must be included. For boom, the
overall boom height (draft plus freeboard)
must be included. A vessel owner or operator
is responsible for ensuring that identified
boom has compatible connectors.
2.8 For subparts F and G of this part, in
identifying equipment, the vessel owner or
operator shall list the storage location,
quantity, and manufacturer’s make and
model, unless the oil spill removal organization(s) providing the necessary response resources have been evaluated by the Coast
Guard, and their capability has been determined to equal or exceed the response capability needed by the vessel. For boom, the
overall boom height (draft plus freeboard)
must be included. A vessel owner of operator
is responsible for ensuring that identified
boom has compatible connectors.
3. Determining Response Resources Required for
the Average Most Probable Discharge
3.1 A vessel owner or operator shall identify and ensure, by contract or other approved means, that sufficient response resources are available to respond to the 50barrel average most probable discharge at
the point of an oil transfer involving a vessel
that carries oil as a primary cargo. The

equipment must be designed to function in
the operating environment at the point of oil
transfer. These resources must include—
3.1.1 Containment boom in a quantity
equal to twice the length of the largest vessel involved in the transfer capable of being
deployed within 1 hour of the detection of a
spill at the site of oil transfer operations. If
the transfer operation is more than 12 miles
from shore, the containment boom must be
deployed within 1 hour plus the travel time
from the nearest shoreline at a speed of 5
knots.
3.1.2 Oil recovery devices with an effective daily recovery capacity of 50 barrels or
greater available at the transfer site within
2 hours of the detection of an oil discharge.
3.1.3 Oil storage capacity for recovered
oily material indicated in section 9.2 of this
appendix.
4. Determining Response Resources Required for
the Maximum Most Probable Discharge
4.1 A vessel owner or operator shall identify and ensure, by contract or other approved means, that sufficient response resources are available to respond to discharges up to the maximum most probable
discharge volume for that vessel. The resources should be capable of containing and
collecting up to 2,500 barrels of oil. All equipment identified must be designed to operate
in the applicable operating environment
specified in table 1 of this appendix.
4.2 To determine the maximum most
probable discharge volume to be used for
planning, use the lesser of—
4.2.1 2500 barrels; or
4.2.2 10 percent of the total oil cargo capacity.
4.3 Oil recovery devices necessary to meet
the applicable maximum most probable discharge volume planning criteria must be located such that they arrive on scene within
12 hours of the discovery of a discharge in
higher volume port areas and the Great
Lakes, 24 hours in all other rivers and canals, inland, nearshore, and offshore areas,
and 24 hours plus travel time from shore in
all open ocean areas.
4.3.1 Because rapid control, containment,
and removal of oil is critical to reduce spill
impact, the effective daily recovery capacity
for oil recovery devices must equal 50% of
the planning volume applicable for the vessel
as determined in section 4.2 of this appendix.
The effective daily recovery capacity for oil
recovery devices identified in the plan must
be determined using the criteria in section 6
of this appendix.
4.4 In addition to oil recovery capacity,
the vessel owner or operator must identify in
the response plan and ensure the availability
of, through contract or other approved
means, sufficient boom available within the
required response times for oil connection
and containment, and for protection of

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Pt. 155, App. B

shoreline areas. While the regulation does
not set required quantities of boom for oil
collection and containment, the owner or operator of a vessel must still identify in a response plan and ensure, through contract or
other approved means, the availability of the
boom identified in the plan for this purpose.
4.5 The plan must indicate the availability of temporary storage capacity to
meet the requirements of section 9.2 of this
appendix. If available storage capacity is insufficient to meet this requirement, the effective daily recovery capacity must be
downgraded to the limits of the available
storage capacity.
4.6 The following is an example of a maximum most probable discharge volume planning calculation for equipment identification in a higher volume port area:
The vessel’s cargo capacity is 10,000 barrels, thus the planning volume is 10 percent
or 1,000 barrels. The effective daily recovery
capacity must be 50 percent of the planning
volume, for 500 barrels per day. The ability
of oil recovery devices to meet this capacity
will be calculated using the procedures in
section 6 of this appendix. Temporary storage capacity available on scene must equal
twice the daily recovery capacity as indicated in section 9 of this appendix, or 1000
barrels per day. This figure would represent
the information the vessel owner or operator
would use to identify and ensure the availability of, through contract or other approved means, the required response resources. The vessel owner would also need to
identify how much boom was available for
use.
5. Determining Response Resources Required for
the Worst Case Discharge to the Maximum Extent Practicable
5.1 A vessel owner or operator shall identify and ensure, by contract or other approved means, that sufficient response resources are available to respond to the worst
case discharge of oil cargo to the maximum
extent practicable. Section 7 of this appendix
describes the method to determine the required response resources.
5.2 Oil spill recovery devices identified to
meet the applicable worst case discharge
planning volume must be located such that
they can arrive at the scene of a discharge
within the time specified for the applicable
response tier listed in § 155.1050(g).
5.3 The effective daily recovery capacity
for oil recovery devices identified in a response plan must be determined using the
criteria in section 6 of this appendix. A vessel owner or operator shall identify the storage locations of all equipment that must be
used to fulfill the requirements for each tier.
5.4 A vessel owner or operator shall identify the availability of temporary storage capacity to meet the requirements of section
9.2 of this appendix. If available storage ca-

pacity is insufficient to meet this requirement, then the effective daily recovery capacity must be downgraded to the limits of
the available storage capacity.
5.5 When selecting response resources necessary to meet the response plan requirements, the vessel owner or operator must ensure that a portion of those resources are capable of being used in close-to-shore response
activities in shallow water. The following
percentages of the on-water 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.
5.6 In addition to oil spill recovery devices and temporary storage capacity, a vessel owner or operator shall identify in the response plan and ensure the availability of,
through contract or other approved means,
sufficient boom that can arrive on scene
within the required response times for oil
containment and collection. The specific
quantity of boom required for collection and
containment will depend on the specific recovery equipment and strategies employed.
Table 2 of this appendix lists the minimum
quantities of additional boom required for
shoreline protection that a vessel owner or
operator shall identify in the response plan
and ensure the availability of, through contract or other approved means.
5.7 A vessel owner or operator shall also
identify in the response plan and ensure, by
contract or other approved means, the availability of an oil spill removal organization
capable of responding to a shoreline cleanup
operation involving the calculated volume of
emulsified oil that might impact the affected
shoreline. The volume of oil for which a vessel owner or operator should plan should be
calculated through the application of factors
contained in Tables 3 and 4 of this appendix.
The volume calculated from these tables is
intended to assist the vessel owner or operator in identifying a contractor with sufficient resources. This planning volume is not
used explicitly to determine a required
amount of equipment and personnel.
6. Determining Effective Daily Recovery
Capacity for Oil Recovery Devices
6.1 Oil recovery devices identified by a
vessel owner or operator must be identified
by manufacturer, model, and effective daily
recovery capacity. These capacities must be
to meet the applicable planning criteria for
the average most probable discharge; maximum most probable discharge; and worst
case discharge to the maximum extent practicable.
6.2 For the purposes of determining the
effective daily recovery capacity of oil recovery devices, the following method will be

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used. This method considers potential limitations due to available daylight, weather,
sea state, and percentage of emulsified oil in
the recovered material. The Coast Guard
may assign a lower efficiency factor to
equipment listed in a response plan if it determines that such a reduction is warranted.
6.2.1 The following formula must be used
to calculate the effective daily recovery capacity:
R=T×24×E
R—Effective daily recovery capacity
T—Throughput rate in barrels per hour
(nameplate capacity)
E—20% efficiency factor (or lower factor as
determined by the Coast Guard)
6.2.2 For those devices in which the pump
limits the throughput of liquid, throughput
rate will be calculated using the pump capacity.
6.2.3 For belt or mop type devices, the
throughput rate will be calculated using
data provided by the manufacturer on the
nameplate rated capacity for the device.
6.2.4 Vessel owners or operators including
in the response plan oil recovery devices
whose throughput is not measurable using a
pump capacity or belt or mop capacity may
provide information to support an alternative method of calculation. This information must be submitted following the procedures in section 6.5 of this appendix.
6.3 As an alternative to section 6.2 of this
appendix, a vessel owner or operator may
submit adequate evidence that a different effective daily recovery capacity should be applied for a specific oil recovery device. Adequate evidence is actual verified performance data in spill conditions or test using
certain ASTM standards [ASTM F 631 (incorporated by reference, see § 155.140) Standard
Method for Testing Full Scale Advancing
Spill Removal Devices], or an equivalent test
approved by the Coast Guard.
6.3.1 The following formula must be used
to calculate the effective daily recovery capacity under this alternative:
R=D×U
R—Effective daily recovery capacity
D—Average Oil Recovery Rate in barrels per
hour (Item 13.2.16 in ASTM F 631; or actual performance data)
U—Hours per day that a vessel owner or operator can document capability to operate equipment under spill conditions.
Ten hours per day must be used unless a
vessel owner or operator can demonstrate that the recovery operation can
be sustained for longer periods.
6.4 A vessel owner or operator submitting
a response plan shall provide data that supports the effective daily recovery capacities
for the oil recovery devices listed. The following is an example of these calculations:

A weir skimmer identified in a response
plan has a manufacturer’s rated throughput
at the pump of 267 gallons per minute (gpm).
267 gpm=381 barrels per hour
R=381×24×.2=1,829 barrels per day
After testing using ASTM procedures, the
skimmer’s oil recovery rate is determined to
be 220 gpm. The vessel owner or operator
identifies sufficient resources available to
support operations 12 hours per day.
220 gpm=314 barrels per hour
R=314×12=3,768 barrels per day
A vessel owner or operator will be able to
use the higher capacity if sufficient temporary oil storage capacity is available.
6.5 Determinations of alternative efficiency factors under section 6.2 or alternative effective daily recovery capacities
under section 6.3 of this appendix will be
made by Commandant (G–MOR), Coast
Guard Headquarters, 2100 Second Street SW.,
Washington, DC 20593. Oil spill removal organizations or equipment manufacturers may
submit required information on behalf of
multiple vessel owners or operators.
7. Calculating the Worst Case Discharge
Planning Volumes
7.1 A vessel owner or operator shall plan
for a response to a vessel’s worst case discharge volume of oil cargo. The planning for
on-water recovery must take into account a
loss of some oil to the environment due to
evaporations and natural dissipation, potential increases in volume due to emulsification, and the potential for deposit of
some oil on the shoreline.
7.2 The following procedures must be used
to calculate the planning volume used by a
vessel owner or operator for determining required on-water recovery capacity:
7.2.1 The following must be determined:
the total volume of oil cargo carried; the appropriate cargo group for the type of petroleum oil carried [persistent (groups II, III,
and IV) or non-persistent (group I)]; and the
geographic area(s) in which the vessel operates. For vessels carrying mixed cargoes
from different petroleum oil groups, each
group must be calculated separately. This information is to be used with Table 3 of this
appendix to determine the percentages of the
total cargo volume to be used for removal
capacity planning. This table divides the
cargo volume into three categories: oil lost
to the environment; oil deposited on the
shoreline; and oil available for on-water recovery.
7.2.2 The on-water oil recovery volume
must be adjusted using the appropriate
emulsification factor found in Table 4 of this
appendix.
7.2.3 The adjusted volume is multiplied by
the on-water oil recovery resource mobilization factor found in Table 5 of this appendix

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from the appropriate operating area and response tier to determine the total on-water
oil recovery capacity in barrels per day that
must be identified or contracted for to arrive
on scene within the applicable time for each
response tier. Three tiers are specified. For
higher volume port areas, the contracted
tiers of resources must be located such that
they can arrive on scene within 12, 36, and 60
hours of the discovery of an oil discharge.
For the Great Lakes, these tiers are 18, 42,
and 66 hours. For rivers and canals, inland,
nearshore, and offshore, these tiers are 24, 48,
and 72 hours. For the open ocean area, these
tiers are 24, 48, and 72 hours with an additional travel time allowance of 1 hour for
every additional 5 nautical miles from shore.
7.2.4 The resulting on-water recovery capacity in barrels per day for each tier is used
to identify response resources necessary to
sustain operations in the applicable geographic area. The equipment must be capable
of sustaining operations for the time period
specified in Table 3 of this appendix. A vessel
owner or operator shall identify and ensure
the availability of, through contract or other
approved means, sufficient oil spill recovery
devices to provide the effective daily oil recovery capacity required. If the required capacity exceeds the applicable cap described
in Table 6 of this appendix, then a vessel
owner or operator must contract only for the
quantity of resources required to meet the
cap, but shall identify sources of additional
resources as indicated in § 155.1050(o). The
owner or operator of a vessel whose planning
volume exceeded the cap in 1993 should plan
for additional capacity to be under contract
by 1998 or 2003, as appropriate. For a vessel
that carries multiple groups of oil, the required effective daily recovery capacity for
each group is calculated and summed before
applying the cap.
7.3 The following procedures must be used
to calculate the planning volume for identifying shoreline cleanup capacity:
7.3.1 The following must be determined:
the total volume of oil cargo carried; the appropriate cargo group for the type of petroleum oil carried [persistent (groups II, III,
and IV) or non-persistent (group I)]; and the
geographic area(s) in which the vessel operates. For a vessel carrying cargoes from different oil groups, each group must be calculated separately. Using this information,
Table 3 of this appendix must be used to determine the percentages of the total cargo

volume to be used for shoreline cleanup resource planning.
7.3.2 The shoreline cleanup planning volume must be adjusted to reflect an emulsification factor using the same procedure as
described in section 7.2.2 of this appendix.
7.3.3 The resulting volume will be used to
identify an oil spill removal organization
with the appropriate shoreline cleanup capability.
7.4 The following is an example of the procedure described above:
A vessel with a 100,000 barrel capacity for
#6 oil (specific gravity .96) will move from a
higher volume port area to another area. The
vessel’s route will be 70 miles from shore.
Cargo carried: 100,000 bbls. Group IV oil
Emulsification factor (from Table 4 of
this appendix): 1.4 Areas transited: Inland, Nearshore, Offshore, Open ocean
Planned % on-water recovery (from Table 3
of this appendix):
Inland 50%
Nearshore 50%
Offshore 40%
Open ocean 20%
Planned % oil onshore recovery (from Table
3 of this appendix):
Inland 70%
Nearshore 70%
Offshore 30%
Open ocean 30%
General formula to determine planning volume:
(planning volume)=(capacity)×(% from Table
3 of this appendix)×(emulsification factor
from Table 4 of this appendix)
Planning volumes for on-water recovery:
Inland 100,000×.5×1.4=70,000 bbls
Nearshore 100,000×.5×1.4=70,000 bbls
Offshore 100,000×.4×1.4=56,000 bbls
Open ocean 100,000×.2×1.4=28,000 bbls
Planning volumes for on shore recovery:
Inland 100,000×.7×1.4=98,000 bbls
Nearshore 100,000×.7×1.4=98,000 bbls
Offshore 100,000×.3×1.4=42,000 bbls
The vessel owner or operator must contract with a response resource capable of
managing a 98,000-barrel shoreline cleanup in those areas where the vessel comes
closer than 50 miles to shore.
Determining required resources for onwater recovery for each tier using mobilization factors: (barrel per day on-water recovery requirements)=(on-water planning volume as calculated above)×(mobilization factor from Table 5 of this appendix).
Tier 1

Inland/Nearshore 70,000 .............................................................................................
Offshore 56,000 ...........................................................................................................
Open ocean 28,000 .....................................................................................................

×
×
×

Tier 2

.15
.10
.06

.25
.165
.10

Tier 3
.40
.21
.12

equals (barrels per day)
Inland/Nearshore .........................................................................................................
Offshore .......................................................................................................................

10,500
5,600

17,500
9,240

28,000
11,760

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33 CFR Ch. I (7–1–01 Edition)
Tier 1

Open ocean .................................................................................................................

Since the requirements for Tier 1 for inland and nearshore exceed the caps, the vessel owner would only need to contract for
10,000 barrels per day for Tier 1. No additional equipment would be required to be
identified because the required Tier 3 resources are below the Tier 3 caps.
10% of the on-water recovery capability for
offshore, and 20% of the capability for inland/nearshore, for all tiers, must be capable
of operating in water with a depth of 6 feet
or less.
The vessel owner or operator would also be
required to identify or contract for quantities of boom identified in Table 2 of this
appendix for the areas in which the vessel
operates.
8. Determining the Availability of High-Rate
Response Methods
8.1 Response plans for a vessel carrying
group II or III persistent oil as a primary
cargo that operates in an area with yearround pre-approval for dispersant use may
receive credit for up to 25 percent of their required on-water recovery capacity in that
area for 1993 if the availability of these resources are ensured by contract or other approved means. For response plan credit,
these resources must be capable of being on
scene within 12 hours of the discovery of a
discharge.
8.2 To receive credit against any required
on-water recovery capacity, a response plan
must identify the locations of dispersant
stockpiles, methods of transporting to a
shoreside staging area, and appropriate aircraft or vessels to apply the dispersant and
monitor its effectiveness at the scene of an
oil discharge.
8.2.1 Sufficient volumes of dispersants
must be available to treat the oil at the dosage rate recommended by the dispersant
manufacturer. Dispersants identified in a response plan must be on the National Contingency Plan Product Schedule maintained by
the U.S. Environmental Protection Agency.
(Some States have a list of approved
dispersants and within State waters only
they can be used.)
8.2.2 Dispersant application equipment
identified in a response plan for credit must
be located such that it can be mobilized to
shoreside staging areas to meet the time requirements in section 8.1 of this appendix.
Sufficient equipment capacity and sources of
appropriate dispersants must be identified to
sustain dispersant operations for at least 3
days.
8.2.3 Credit against on-water recovery capacity in pre-approved areas will be based on

1,680

Tier 2
2,800

Tier 3
3,360

the ability to treat oil at a rate equivalent
to this credit. For example, a 2,500 barrels
per day credit against the 10,000 barrels per
day on-water Tier 1 cap would require the
vessel owner or operator to demonstrate the
ability to treat 2,500 barrels per day of oil at
the manufacturer’s recommended dosage
rate. Assuming a dosage rate of 10:1, the plan
would need to show stockpiles and sources of
750 barrels of dispersants that would be
available on scene at a rate of 250 barrels per
day and the ability to apply the dispersant
at the daily rate for 3 days in the area in
which the vessel operates. Similar data
would need to be provided for any additional
credit against Tier 2 and 3 resources.
8.3 In addition to the equipment and supplies required, a vessel owner or operator
shall identify a source of support to conduct
the monitoring and post-use effectiveness
evaluation required by applicable Local and
Area Contingency Plans.
8.4 Identification of the resources for dispersant application does not imply that the
use of this technique will be authorized. Actual authorization for use during a spill response will be governed by the provisions of
the National Oil and Hazardous Substances
Contingency Plan (40 CFR part 300) and the
applicable Local or Area Contingency Plan.
8.5 In addition to the credit identified
above, a vessel owners or operators that operates in areas pre-approved for dispersant
use may reduce their required on-water recovery cap increases for 1998 and 2003 by up
to 50% by identifying non-mechanical methods.
8.6 The use of in-situ burning as a nonmechanical response method is still being
studied. Because limitations and uncertainties remain for the use of this method, it
may not be used to reduce required oil recovery capacity in 1993. Use of this or other alternative high-rate methods for a portion of
the required cap increase in 1998 will be determined during the cap increase review in
1996.
9. Additional Equipment Necessary to Sustain
Response Operations
9.1 A vessel owner or operator is responsible for ensuring that sufficient numbers of
trained personnel, boats, aerial spotting aircraft, sorbent materials, boom anchoring
materials, and other resources are a available to sustain response operations to completion. All such equipment must be suitable
for use with the primary equipment identified in the response plan. A vessel owner or

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operator is not required to list these resources in the response plan, but shall certify their availability.
9.2 A vessel owner or operator shall evaluate the availability of adequate temporary
storage capacity to sustain the effective
daily recovery capacities from equipment
identified in the plan. Because of the inefficiencies of oil spill recovery devices, response plans must identify daily storage capacity equivalent to twice the effective daily
recovery capacity required on scene. This
temporary storage capacity may be reduced
if a vessel owner or operator can dem-

onstrate by waste stream analysis that the
efficiencies of the oil recovery devices, ability to decant water, or the availability of alternative temporary storage or disposal locations in the area(s) the vessel will operate
will reduce the overall volume of oily material storage requirements.
9.3 A vessel owner or operator shall ensure that their planning includes the capability to arrange for disposal of recovered oil
products. Specific disposal procedures will be
addressed in the applicable Area Contingency Plan.

TABLE 1.—RESPONSE RESOURCE OPERATING CRITERIA
[Oil Recovery Devices]
Significant Wave
Height 1

Operating Environment

Sea State

(feet)
≤1
≤3
≤4
≤6

Rivers & Canals ................................................................................................................................
Inland .................................................................................................................................................
Great Lakes .......................................................................................................................................
Ocean ................................................................................................................................................

1
2
2–3
3–4

[Boom]
Use
Boom Property

Rivers &
Canals

Significant Wave 1, 2 Height (feet) ..............................................
Sea State ..................................................................................
Boom height—in. .......................................................................
(draft plus freeboard)
Reserve Buoyancy to Weight Ratio ..........................................
Total Tensile Strength—lbs. ......................................................
Skirt Fabric Tensile Strength—lbs. ...........................................
Skirt Fabric Tear Strength—lbs. ...............................................

Inland

Great Lakes

Ocean

≤1
1
6–18

≤3
2
18–42

≤4
2–3
18–42

≤6
3–4
≥42

2:1
4,500
200
100

2:1
15–20,000
300
100

2:1
15–20,000
300
100

3:1 to 4:1
>20,000
500
125

1 Oil recovery devices and boom must be at least capable of operating in wave heights up to and including the values listed in
Table 1 for each operating environment.
2 Equipment identified as capable of operating in waters of 6 feet or less depth are exempt from the significant wave height
planning requirement.

TABLE 2.—SHORELINE PROTECTION REQUIREMENTS
Boom
Location

Availability hours

Ensured by
contract or
other approved means
(ft.)

Higher volume
port area

Other areas

........................
15,000
30,000
25,000

........................
24
12
12

........................
48
24
24

........................
........................
10,000
15,000

........................
........................
12
12

........................
........................
24
24

Persistent Oils
Open Ocean ......................................................................................................
Offshore .............................................................................................................
Nearshore/Inland/Great Lakes ..........................................................................
Rivers & Canals ................................................................................................
Non-Persistent Oils
Open Ocean ......................................................................................................
Offshore .............................................................................................................
Nearshore/Inland/Great Lakes ..........................................................................
Rivers & Canals ................................................................................................

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TABLE 4.—EMULSIFICATION FACTORS FOR PETROLEUM OIL CARGO GROUPS
Non-persistent oil 72 G:
Group I ...............................................................................................................
Persistent oil:
Group II ..............................................................................................................
Group III .............................................................................................................

1.0
1.8
2.0

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33 CFR Ch. I (7–1–01 Edition)

TABLE 4.—EMULSIFICATION FACTORS FOR PETROLEUM OIL CARGO GROUPS—Continued
Group IV .............................................................................................................

1.4

TABLE 5.—ON-WATER OIL RECOVERY RESOURCE MOBILIZATION FACTORS
Area

Tier 1

Rivers and Canals .......................................................................................................
Inland/Nearshore/Great Lakes ....................................................................................
Offshore .......................................................................................................................
Ocean ..........................................................................................................................

Tier 2
.30
.15
.10
.06

.40
.25
.165
.10

Tier 3
.60
.40
.21
.12

Note: These mobilization factors are for total resources mobilized, not incremental resources.

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As of February 18, 1993:
All except rivers & canals & Great Lakes ................................................................
Great Lakes ..............................................................................................................
Rivers & canals ........................................................................................................
February 18, 1998:
All except rivers & canals & Great Lakes ................................................................
Great Lakes ..............................................................................................................
Rivers & canals ........................................................................................................
February 18, 2003
All except rivers & canals & Great Lakes ................................................................
Great Lakes ..............................................................................................................
Rivers & canals ........................................................................................................

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Tier 1

Tier 2

Tier 3

10K bbls/day ................................
5K bbls/day ..................................
1,500 bbls/day .............................

20K bbls/day ................................
10K bbls/day ................................
3,000 bbls/day .............................

40K bbls/day.
20K bbls/day.
6,000 bbls/day.

12.5K bbls/day .............................
6.35K bbls/day .............................
1,875 bbls/day .............................

25K bbls/day ................................
12.3K bbls/day .............................
3,750 bbls/day .............................

50K bbls/day.
25K bbls/day.
7,500 bbls/day.

TBD .............................................
TBD .............................................
TBD .............................................

TBD .............................................
TBD .............................................
TBD .............................................

TBD
TBD
TBD

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TABLE 6.—RESPONSE CAPABILITY CAPS BY GEOGRAPHIC AREA

Note: The caps show cumulative overall effective daily recovery capacity, not incremental increases.
K = Thousand
bbls = Barrels
TBD = To be determined

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Pt. 155, App. C

33 CFR Ch. I (7–1–01 Edition)

APPENDIX C TO PART 155—TRAINING
ELEMENTS FOR OIL SPILL RESPONSE
PLANS
1. General
1.1 The portion of the plan dealing with
training is one of the key elements of a response plan. This concept is clearly expressed by the fact that Congress, in writing
the Oil Pollution Act of 1990, specifically included training as one of the sections required in a vessel or facility response plan.
In reviewing submitted response plans, it has
been noted that the plans often do not provide sufficient information in the training
section of the plan for either the user or the
reviewer of the plan. In some cases, plans
simply state that the crew and others will be
training in their duties and responsibilities,
with no other information being provided. In
other plans, information is simply given that
required parties will receive the necessary
worker safety training (HAZWOPER).
1.2 The training section of the plan need
not be a detailed course syllabus, but it must
contain sufficient information to allow the
user and reviewer (or evaluator) to have an
understanding of those areas that are believed to be critical. Plans should identify
key skill areas and the training that is required to ensure that the individual identified will be capable of performing the duties
prescribed to them. It should also describe
how the training will be delivered to the various personnel. Further, this section of the
plan must work in harmony with those sections of the plan dealing with exercises, the
spill management team, and the qualified individual.
1.3 The material in this appendix C is not
all-inclusive and is provided for guidance
only.
2. Elements to be Addressed
2.1 To assist in the preparation of the
training section of a vessel response plan,
some of the key elements that should be addressed are indicated in the following sections. Again, while it is not necessary that
the comprehensive training program for the
company be included in the response plan, it
is necessary for the plan to convey the elements that define the program as appropriate.
2.2 An effective spill response training
program should consider and address the following:
2.2.1 Notification requirements and procedures.
2.2.2 Communication system(s) used for
the notifications.
2.2.3 Procedures to mitigate or prevent
any discharge or a substantial threat of a
discharge of oil resulting from—
2.2.3.1 Operational activities associated
with internal or external cargo transfers;

2.2.3.2 Grounding or stranding;
2.2.3.3 Collision;
2.2.3.4 Explosion or fire;
2.2.3.5 Hull failure;
2.2.3.6 Excessive list; or
2.2.3.7 Equipment failure.
2.2.4 Procedures and arrangements for
emergency towing.
2.2.5 When performing shipboard mitigation measures—
2.2.5.1 Ship salvage procedures;
2.2.5.2 Damage stability; and
2.2.5.3 Hull stress considerations.
2.2.6 Procedures for transferring responsibility for direction of response activities
from vessel and facility personnel to the
spill management team.
2.2.7 Familiarity with the operational capabilities of the contracted oil spill removal
organizations and the procedures to notify
and activate such organizations.
2.2.8 Familiarity with the contracting and
ordering procedures to acquire oil spill removal organization resources.
2.2.9 Familiarity with the Area Contingency Plans.
2.2.10 Familiarity with the organizational
structures that will be used to manage the
response actions.
2.2.11 Responsibilities and duties of the
spill management team members in accordance with designated job responsibilities.
2.2.12 Responsibilities and authority of
the qualified individual as described in the
vessel response plan and company response
organization.
2.2.13 Responsibilities of designated individuals to initiate a response and supervise
shore-based response resources.
2.2.14 Actions to take, in accordance with
designated job responsibilities, in the event
of a transfer system leak, tank overflow, or
suspected cargo tank or hull leak.
2.2.15 Information on the cargoes handled
by the vessel or facility, including familiarity with—
2.2.15.1 Cargo material safety data sheets;
2.2.15.2 Chemical characteristics of the
cargo;
2.2.15.3 Special handling procedures for
the cargo;
2.2.15.4 Health and safety hazards associated with the cargo; and
2.2.15.5 Spill and firefighting procedures
for the cargo.
2.2.16 Occupational Safety and Health Administration requirements for worker health
and safety (29 CFR 1910.120).
3. Further Considerations
In drafting the training section of the response plan, some further considerations are
noted below (these points are raised simply
as a reminder):
3.1 The training program should focus on
training provided to vessel personnel.

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Coast Guard, DOT

§ 156.107

3.2 An organization is comprised of individuals, and a training program should be
structured to recognize this fact by ensuring
that training is tailored to the needs of the
individuals involved in the program.
3.3 An owner or operator may identify
equivalent work experience which fulfills
specific training requirements.
3.4 The training program should include
participation in periodic announced and unannounced exercises. This participation
should approximate the actual roles and responsibilities of individuals as specified in
the response plan.
3.5 Training should be conducted periodically to reinforce the required knowledge
and to ensure an adequate degree of preparedness by individuals with responsibilities under the vessel response plan.
3.6 Training may be delivered via a number of different means; including classroom
sessions, group discussions, video tapes, self
study workbooks, resident training courses,
on-the-job training, or other means as
deemed appropriate to ensure proper instruction.
3.7 New employees should complete the
training program prior to being assigned job
responsibilities which require participation
in emergency response situations.

156.125 Discharge cleanup.
156.130 Connection.
156.150 Declaration of inspection.
156.160 Supervision by person in charge.
156.170 Equipment tests and inspections.

Subpart B—Special Requirements for
Lightering of Oil and Hazardous Material Cargoes
156.200 Applicability.
156.205 Definitions.
156.210 General.
156.215 Pre-arrival notices.
156.220 Reporting of incidents.
156.225 Designation of lightering zones.
156.230 Factors considered in designating
lightering zones.

Subpart C—Lightering Zones and Operational Requirements for the Gulf of
Mexico
156.300
156.310
156.320
156.330

Designated lightering zones.
Prohibited areas.
Maximum operating conditions.
Operations.

AUTHORITY: 33 U.S.C. 1231, 1321(j)(1) (C) and
(D); 46 U.S.C. 3703a. Subparts B and C are
also issued under 46 U.S.C. 3715.

4. Conclusion
The information in this appendix is only
intended to assist response plan preparers in
reviewing the content of and in modifying
the training section of their response plans.
It may be more comprehensive than is needed for some vessels and not comprehensive
enough for others. The Coast Guard expects
that plan preparers have determined the
training needs of their organizations created
by the development of the response plans and
the actions identified as necessary to increase the preparedness of the company and
its personnel to respond to actual or threatened discharges of oil from their vessels.

§ 156.100

Applicability.

This subpart applies to the transfer
of oil or hazardous material on the
navigable waters or contiguous zone of
the United States to, from, or within
each vessel with a capacity of 250 barrels or more; except that, this subpart
does not apply to transfer operations
within a public vessel.
[CGD 86–034, 55 FR 36255, Sept. 4, 1990]

[CGD 91–034, 61 FR 1107, Jan. 12, 1996]

§ 156.105

PART 156—OIL AND HAZARDOUS
MATERIAL TRANSFER OPERATIONS

Definitions.

Except as specifically stated in a section, the definitions in § 154.105 of this
chapter apply to this subpart.

Subpart A—Oil and Hazardous Material
Transfer Operations
Sec.
156.100
156.105
156.107
156.110
156.111
156.112
156.113
156.115
156.118
156.120

Subpart A—Oil and Hazardous
Material Transfer Operations

[CGD 90–071a, 59 FR 53291, Oct. 21, 1994]

§ 156.107

Applicability.
Definitions.
Alternatives.
Exemptions.
Incorporation by reference.
Suspension order.
Compliance with suspension order.
Person in charge: Limitations.
Advance notice of transfer.
Requirements for transfer.

Alternatives.

(a) The COTP may consider and approve alternative procedures, methods,
or equipment standards to be used by a
vessel or facility operator in lieu of
any requirements in this part if:
(1) Compliance with the requirement
is economically or physically impractical;

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