[Title 33 CFR 155]
[Code of Federal Regulations (annual edition) - July 1, 2005 Edition]
[Title 33 - NAVIGATION AND NAVIGABLE WATERS]
[Chapter I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)]
[Subchapter O - POLLUTION]
[Part 155 - OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS]
[From the U.S. Government Printing Office]
33NAVIGATION AND NAVIGABLE WATERS22005-07-012005-07-01falseOIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS155PART 155NAVIGATION AND NAVIGABLE WATERSCOAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)POLLUTION
PART 155_OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS
FOR VESSELS--Table of Contents
Subpart A_General
Sec.
155.100 Applicability.
155.110 Definitions.
155.120 Equivalents.
155.130 Exemptions.
155.140 Incorporation by reference.
Subpart B_Vessel Equipment
155.200 Definitions.
[[Page 388]]
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.
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 Oily mixture (bilge slops)/fuel oil tank ballast water
discharges on U.S. non-oceangoing ships.
155.350 Oily mixture (Bilge slops)/fuel oil tank ballast water
discharges on oceangoing ships of less than 400 gross tons.
155.360 Oily Mixture (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 Oily mixture (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 ballast water 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.
155.490 Tank level or pressure monitoring 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.
[[Page 389]]
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 Trans-Alaska 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.
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); E.O. 11735, 3 CFR, 1971-1975
Comp., p. 793. Sections 155.100 through 155.130, 150.350 through
155.400, 155.430, 155.440, 155.470, 155.1030(j) and (k), and 155.1065(g)
are also issued under 33 U.S.C. 1903(b). Sections 155.480, 155.490,
155.750(e), and 155.775 are also issued under 46 U.S.C. 3703. Section
155.490 also issued under section 4110(b) of Pub. L. 101-380.
Note: Additional requirements for vessels carrying oil or hazardous
materials are contained in 46 CFR parts 30 through 40, 150, 151, and
153.
Subpart A_General
Source: CGD 75-124a, 48 FR 45714, Oct. 6, 1983, unless otherwise
noted.
Sec. 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]
Sec. 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]
Sec. 155.120 Equivalents.
(a) For ships required to be surveyed under Sec. 151.17 of this
chapter, the Commandant may, upon receipt of a written request, allow
any fitting, material, appliance or apparatus to be fitted
[[Page 390]]
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 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]
Sec. 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]
Sec. 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 U.S. Coast Guard Office of Compliance (G-MOC), 2100
Second Street SW., Washington, 20593-0001, and at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html. All approved material 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
[[Page 391]]
ANSI A10.14--Requirements for Safety 155.230
Belts, Harnesses, Lanyards and Lifelines
for Construction and Demolition Use,
1991.
American Society for Testing and Materials (ASTM) 100 Barr Harbor Drive,
West Conshohocken, PA 19428-2959
ASTM F 631-93, Standard Guide for Appendix B.
Collecting Skimmer Performance Data in
Controlled Environments.
ASTM F 715-95, Standard Test Methods for Appendix B.
Coated Fabrics Used for Oil Spill
Control and Storage.
ASTM F 722-82 (1993), Standard Appendix A; Appendix B.
Specification for Welded Joints for
Shipboard Piping Systems.
International Maritime Organization (IMO)Publications Section, 4 Albert
Embankment, London SE1 75R, United Kingdom, Telex 23588.
Resolution A.535(13), Recommendations on 155.235
Emergency Towing Requirements for
Tankers, November 17, 1983.
Resolution MSC.35(63), Adoption of 155.235
Guidelines for Emergency Towing
Arrangement on Tankers, May 20, 1994.
Oil Companies International Marine Forum (OCIMF) 15th Floor, 96 Victoria
Street, London SW1E 5JW England.
Ship to Ship Transfer Guide (Petroleum), 155.1035
Second Edition, 1988.
[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; 69 FR 18803, Apr. 9,
2004]
Subpart B_Vessel Equipment
Source: CGD 75-124a, 48 FR 45715, Oct. 6, 1983, unless otherwise
noted.
Sec. 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.
Oil tanker means a self-propelled vessel carrying oil in bulk as
cargo, including integrated tug-barges designed for push-mode operation.
Sea state 5, the equivalent of Beaufort number or force 6, is a sea
condition with winds speeds of 22 to 27 knots and classified as ``strong
breeze'', and with waves measuring 2.5 to 4 meters in height and
classified as ``rough''.
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
Sec. Sec. 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, as amended by USCG-2001-9046,
67 FR 58524, Sept. 17, 2002]
Sec. 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--
[[Page 392]]
(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]
Sec. 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;
(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]
Sec. 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]
Sec. 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]
Sec. 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]
Sec. 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
[[Page 393]]
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 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[deg]54.5[min] N, 73[deg]45.5[min] W),
to Hewlett Point, Long Island (about 40[deg]50.5[min] N,
73[deg]45.3[min] 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[deg]06[min] N, 122[deg]41[min] 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 vessel 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.
[[Page 394]]
(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 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]
Sec. 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,
[[Page 395]]
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]
Sec. 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, shore-based 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.
(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 ground-force 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]
Sec. 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 shore-based 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]
Sec. 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--
[[Page 396]]
(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 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]
Sec. 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.
[[Page 397]]
Sec. 155.330 Oily mixture (bilge slops)/fuel oil tank ballast water
discharges on U.S. non-oceangoing 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 oil residue (sludge) tank is not required.
(c) 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-2000-7641,
66 FR 55571, Nov. 2, 2001]
Sec. 155.350 Oily mixture (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 processing oily
mixtures from bilges or fuel oil tank ballast and discharges into the
sea according to Sec. 151.10 of this chapter.
(b) An oceangoing ship of less than 400 gross tons may retain all
oily mixtures on board in the ship's bilges. An oil 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; USCG-2000-7641, 66 FR 55571, Nov. 2,
2001]
Sec. 155.360 Oily Mixture (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
15 parts per million (ppm) oily-water separating equipment for the
processing of oily mixtures from bilges or 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 oil
residue 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 mixtures 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, except as specified in Sec. 155.400(a)(2).
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-1998-3799,
63 FR 35531, June 30, 1998; USCG-2000-7641, 66 FR 55571, Nov. 2, 2001]
Sec. 155.370 Oily mixture (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
[[Page 398]]
gross tons and above, that carries ballast water in its fuel oil tanks,
unless it has--
(1) Approved 15 ppm oily-water separating equipment for the
processing of oily mixtures from bilges or fuel oil tank ballast;
(2) A bilge alarm; and
(3) A means for automatically stopping any discharge of oily mixture
when the oil content in the effluent exceeds 15 ppm.
(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 oil
residue 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 oil residue to reception
facilities. Existing ships shall comply with this requirement as far as
reasonable and practicable.
(2) Tanks used for oily mixtures 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) 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, except as specified in Sec. 155.400(a)(2).
(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; USCG-2000-7641, 66 FR 55571, Nov. 2, 2001]
Sec. 155.380 Oily-water separating equipment, bilge alarm, and bilge
monitor approval standards.
(a) On U.S. inspected ships, oily-water 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 a bilge alarm may have a bilge
monitor installed in its place.
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641,
66 FR 55572, Nov. 2, 2001]
Sec. 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
Sec. 155.360 or Sec. 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 Sec. 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
[[Page 399]]
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]
Sec. 155.410 Pumping, piping and discharge requirements for
non-oceangoing ships of 100 gross tons and above.
(a) No person may operate a non-oceangoing 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
is compatible with reception facilities in the ship's area of operation;
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 the processing of oily
mixtures from bilges or fuel oil tank ballast.
(c) 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-2000-7641,
66 FR 55572, Nov. 2, 2001]
Sec. 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) For a ship on an international voyage, the outlet required by
this section has a shore connection that meets the specifications in
Sec. 155.430, or the ship has at least one adapter that meets the
specifications in Sec. 155.430 and fits the required outlets;
(4) For a ship not on an international voyage, the outlet required
by this section has a shore connection that is compatible with reception
facilities in the ship's area of operation;
(5) The ship has a means on the weather deck near the discharge
outlet to stop each pump that is used to discharge oily mixtures; and
(6) 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
mixtures from bilges or fuel oil tank ballast.
(c) 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-2000-7641,
66 FR 55572, Nov. 2, 2001]
Sec. 155.430 Standard discharge connections for oceangoing ships of
400 gross tons and above.
(a) All oceangoing ships of 400 gross tons and above must have a
standard shore connection for reception facilities to discharge oily
mixtures from machinery space bilges or ballast water containing an oily
mixture from fuel oil tanks. The discharge connection must have 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
[[Page 400]]
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/cm\2\).
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641,
66 FR 55572, Nov. 2, 2001]
Sec. 155.440 Segregation of fuel oil and ballast water 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 Sec. 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)
Sec. 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 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]
Sec. 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]
Sec. 155.480 Overfill devices.
(a) For the purposes of this section, ``oil'' has the same
definition as provided in Sec. 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
[[Page 401]]
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 Sec. 157.10d of this chapter and, under
46 U.S.C. 3703a(c), 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]
Sec. 155.490 Tank level or pressure monitoring devices.
(a) Applicability. The tank level or pressure monitoring (TLPM)
device requirements of this section apply to--
(1) U.S.-flag single-hull tank vessels carrying oil or oil residue
as cargo; and
(2) Foreign-flag single-hull tank vessels carrying oil or oil
residue as cargo when operating in the navigable waters of the United
States and the exclusive economic zone (EEZ) when bound to or from a
port or place in the United States.
(b) By October 17, 2007, each vessel required under paragraph (a) of
this section to meet the requirements of this section, must have a tank
level or pressure monitoring device that is permanently installed on
each cargo tank and meets the requirements of this section.
(c) Each device must meet the following requirements:
(1) Be intrinsically safe as per 46 CFR 111.105;
(2) Indicate any loss of power or failure of the tank level or
pressure monitoring device and monitor the condition of the alarm
circuitry and sensor by an electronic self-testing feature;
(3) Alarm at or before the cargo in the cargo tank either increases
or decreases by a level of one percent from the cargo quantity in the
tank after securing cargo transfer operations;
(4) Operate in conditions up to sea state 5, moisture, and varying
weather conditions; and
(5) Have audible and visual alarm indicators which are distinctly
identifiable as cargo tank level or pressure monitoring alarms that can
be seen and heard on the navigation bridge of the tank ship or towing
vessel and on the cargo deck area.
(d) Double-hull tank vessels are exempt from the requirements of
this section.
(e) This section does not apply to tank vessels that carry asphalt
as their only cargo.
[USCG-2001-9046, 67 FR 58524, Sept. 17, 2002]
[[Page 402]]
Subpart C_Transfer Personnel, Procedures, Equipment, and Records
Sec. 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]
Sec. 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, 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;
[[Page 403]]
(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
Dangerous-Cargo 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
Dangerous-Cargo 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 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 Sec. 155.715 and designating him
[[Page 404]]
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]
Sec. 155.715 Contents of letter of designation as a person-in-charge
of the transfer of fuel oil.
The letter of instruction required in Sec. 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]
Sec. 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]
Sec. 155.730 Compliance with transfer procedures.
The vessel operator of each vessel required by Sec. 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]
Sec. 155.740 Availability of transfer procedures.
The transfer procedures required by Sec. 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 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]
Sec. 155.750 Contents of transfer procedures.
(a) The transfer procedures required by Sec. 155.720 must contain,
either in the order listed or by use of a cross-reference index page:
[[Page 405]]
(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 Sec. 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 Sec. Sec. 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 Sec. Sec. 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 Sec.
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 Sec. 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.
(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
[[Page 406]]
each tank does not exceed the maximum amount permitted by Sec.
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]
Sec. 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 Sec. 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]
Sec. 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]
Sec. 155.775 Maximum cargo level of oil.
(a) For the purposes of this section, ``oil'' has the same meaning
as provided in Sec. 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 Sec. 155.480
is set.
[CGD 90-071a, 59 FR 53291, Oct. 21, 1994]
Sec. 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 station of the person in
charge of the transfer operation.
[CGD 86-034, 55 FR 36255, Sept. 4, 1990]
Sec. 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.
[[Page 407]]
(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]
Sec. 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 horizontal 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]
Sec. 155.800 Transfer hose.
Hose used to transfer oil or hazardous material must meet the
requirements of Sec. 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]
Sec. 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]
Sec. 155.810 Tank vessel security.
Operators of tank vessels carrying more oil cargo residue than
normal in any cargo tank must assign a surveillance person or persons
responsible for maintaining standard vessel security.
[ USCG-2000-7641, 66 FR 55572, Nov. 2, 2001]
Sec. 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;
(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]
[[Page 408]]
Sec. 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 Sec. 156.170 of this
chapter;
(c) The hose information required by Sec. 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 Sec. 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.
Sec. 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.
Sec. 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 oil 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 oil cargo residue, are not storing or carrying oil in
bulk as cargo or oil 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 availability of response resources including the shore-based
spill management team;
(2) Providing the geographic-specific appendices required in Sec.
155.1035, 155.1040, or 155.1045, as appropriate; and
(3) Identifying and designating a qualified individual and alternate
qualified individual required in Sec. 155.1026.
[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by USCG-2000-7641, 66
FR 55572, Nov. 2, 2001]
Sec. 155.1020 Definitions.
Except as otherwise defined in this section, the definitions in
Sec. 155.110 apply to this subpart and subparts F
[[Page 409]]
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 Sec. 155.1045(i)(3);
(ii) A barge operating on rivers and canals to meet the requirements
for lightering capability under Sec. Sec. 155.1050(l), 155.1052(g),
155.1230(g), and 155.2230(g);
(iii) A vessel to meet the salvage and firefighting requirements in
Sec. Sec. 155.1050(k), 155.1052(f), 155.1230(f), and 155.2230(f); and
(iv) A vessel to meet the resource requirements in Sec.
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,
[[Page 410]]
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
Sec. Sec. 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
Sec. Sec. 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.
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
[[Page 411]]
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 petroleum-based 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 but not limited
to, crude oil, fuel oil, sludge, oil residue, 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
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
[[Page 412]]
(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
Sec. Sec. 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.
[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by USCG-2000-7641, 66
FR 55572, Nov. 2, 2001]
Sec. 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
Sec. 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 Sec. 155.1015(b),
unless both vessels engaged in the lightering operation were operating
at the time in compliance with a plan approved under Sec. 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 Sec. Sec.
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,
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
[[Page 413]]
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 Sec. Sec. 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.
Sec. 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).
Sec. 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 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.
[[Page 414]]
(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 Sec. Sec. 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 Sec. 155.1045 in lieu of the plan required under
Sec. 155.1035 or Sec. 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 Sec. 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 Sec. 155.1030 and
Sec. Sec. 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 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
[[Page 415]]
(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 Sec. 155.1030(j).
(k) A vessel carrying oil as a secondary cargo may comply with the
requirements of Sec. 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 Sec. 155.1026;
(2) A geographic specific appendix meeting the requirements of Sec.
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.
Sec. 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.
(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 Sec. 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.
[[Page 416]]
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 shore-based 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).
(ii) The procedures must identify the response resources necessary
to carry out the transfers, including--
(A) Fendering equipment (ship-to-ship 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-to-ship only).
(iii) Reference can be made to a separate oil transfer procedure and
[[Page 417]]
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 shore-based 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 Sec.
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 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.
[[Page 418]]
(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 Sec. 155.1050(l),
Sec. 155.1052(g), Sec. 155.1230(g), or Sec. 155.2230(g), as
applicable to the type of service of the vessel; and
(ii) The required salvage and firefighting required by Sec.
155.1050(k), Sec. 155.1052(e), Sec. 155.1230(e), and Sec.
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 Sec. 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 Sec. 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 Sec. 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 Sec. Sec.
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 Sec. Sec. 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 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
[[Page 419]]
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; USCG-2005-21531, 70 FR 36349, June 23, 2005]
Sec. 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 geographic-specific appendix. This section must
separately identify--
(i) The individual(s) or organization(s) to be notified by the
towing vessel; and
(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.
[[Page 420]]
(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 shore-based 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--
(A) Fendering equipment (ship-to-ship 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
[[Page 421]]
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 shore-based 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 Sec. 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 shore-based 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 on-scene 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.
(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 Sec. Sec.
155.1050(l), 155.1052(g), 155.1230(g), and 155.2230(g), as applicable
[[Page 422]]
to the type of service of the barge(s); and
(ii) The required salvage and fire fighting required by Sec. Sec.
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 Sec. 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 Sec. 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 Sec. 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.
(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 Sec. Sec.
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 Sec. Sec. 155.1050, 155.1052,
[[Page 423]]
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.
Sec. 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.
(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:
[[Page 424]]
(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 include 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.
(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
[[Page 425]]
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 Sec.
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 shore-based 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 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, 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
(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.
[[Page 426]]
(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 Sec. 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 Sec. 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 on-water recovery within the response times listed
for Tier 1 in Sec. 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 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.
[[Page 427]]
Sec. 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 petroleum 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 Sec. 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 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
[[Page 428]]
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--
------------------------------------------------------------------------
Tier 1 Tier 2 Tier 3
------------------------------------------------------------------------
Higher volume port area 12 hrs...... 36 hrs...... 60 hrs
(except tankers in Prince
William Sound covered by Sec.
155.1135).
Great Lakes................... 18 hrs...... 42 hrs...... 66 hrs
All other rivers & canals, 24 hrs...... 48 hrs...... 72 hrs
inland, nearshore, and
offshore areas.
Open ocean (plus travel time 24 hrs+..... 48 hrs+..... 72 hrs+
from shore).
------------------------------------------------------------------------
[[Page 429]]
(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 on-water 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 CFR part 300) and
the applicable Area Contingency Plan.
(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 Sec. 155.1035(c)(5)(ii) or Sec.
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 Sec.
155.1130), 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 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
[[Page 430]]
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 Sec. 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
(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
[[Page 431]]
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,
Sec. 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. At 69 FR 3237, Jan.
23, 2004, paragraph (k)(3) was suspended from Feb. 12, 2004 until Feb.
12, 2007.
Sec. 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.
(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 Sec. Sec.
155.1035(c)(5)(ii) and 155.1040(c)(5)(i),
[[Page 432]]
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,
Sec. 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. At 69 FR 3237, Jan. 23, 2004, the last sentence in
paragraph (f) was suspended from Feb. 12, 2004 until Feb. 12, 2007.
Sec. 155.1055 Training.
(a) A response plan submitted to meet the requirements of Sec.
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 Sec. 155.1040 must identify the
training to be provided to the spill management team, the qualified
individual, and other personnel in Sec. 155.1040 with specific
responsibilities 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.
Sec. 155.1060 Exercises.
(a) A vessel owner or operator required by Sec. Sec. 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 minimum
exercise requirements for vessels covered by this subpart:
(1) Qualified individual notification exercises, which must be
conducted quarterly;
[[Page 433]]
(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 Sec.
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 coordinator. 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 TASC DEPT
Warehouse, 33141Q 75th Avenue, Landover, MD 20875 (fax: 301-386-5394,
stock number USCG-X0241). Compliance with an alternative program that
meets the requirements of paragraph (a) of this section and has been
approved under Sec. 155.1065 will also satisfy the vessel response plan
exercise requirements.
Note to paragraph (h): The PREP guidelines are available online at
http://dmses.dot.gov/docimages/pdf1a/198001--web.pdf
[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by 68 FR 37741, June
25, 2003]
[[Page 434]]
Sec. 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 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 Sec. 155.1020.
Sec. 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 Sec. 155.1025 to
operate without an approved plan pending formal Coast Guard approval,
the deficiency provisions of Sec. 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 Sec. 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, Security and Environmental Protection.
This
[[Page 435]]
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; USCG-2002-
12471, 67 FR 41333, June 18, 2002]
Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec.
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
Sec. Sec. 155.1050, 155.1052, 155.1230, or 155.2230, as appropriate,
except an oil spill removal organization required by Sec. 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 Sec. 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 Sec. 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
[[Page 436]]
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
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, Security 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; USCG-2002-
12471, 67 FR 41333, June 18, 2002]
Subpart E_Additional Response Plan Requirements for Tankers Loading
Cargo at a Facility Permitted Under the Trans-Alaska Pipeline
Authorization Act
Source: CGD 91-034, 61 FR 1097, Jan. 12, 1996, unless otherwise
noted.
Sec. 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.
Sec. 155.1115 Definitions.
Except as provided in this section, the definitions in Sec.
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.
Sec. 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 Sec.
155.1025 have been met. The owner or operator of such a tanker shall
certify to the
[[Page 437]]
Coast Guard that they have provided, through an oil spill removal
organization required by Sec. 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.
Sec. 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 Sec. 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 Sec. 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 Sec. 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 geographic-specific 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.
Sec. 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 Sec. 155.1035:
[[Page 438]]
(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 Sec. 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 Sec. 155.1050(l) capable of
arriving on scene within 6 hours of notification of a discharge.
Sec. 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 Sec. 155.1050:
------------------------------------------------------------------------
Tier 1 Tier 2 Tier 3
------------------------------------------------------------------------
Prince William Sound.......... 12 hrs...... 24 hrs...... 36 hrs
------------------------------------------------------------------------
Sec. 155.1145 Submission and approval procedures.
An appendix prepared under this subpart must be submitted and
approved in accordance with Sec. 155.1065.
Sec. 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 Sec. 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.
Sec. 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.
Sec. 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 Sec. Sec. 155.1050 and 155.1052.
[[Page 439]]
Sec. 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:
------------------------------------------------------------------------
Tier 1 Tier 2 Tier 3
------------------------------------------------------------------------
Higher volume port area....... 12 hrs...... N/A......... N/A
Great Lakes................... 18 hrs...... N/A......... N/A
All other rivers and canals, 24 hrs...... N/A......... N/A
inland, nearshore, and
offshore areaas.
Open ocean (plus travel time 24 hrs+..... N/A......... N/A
from shore).
------------------------------------------------------------------------
(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, Sec. 155.1035(c)(5)(ii)
and Sec. 155.1040(c)(5)(i), as applicable.
(1) Resources must include--
(i) Fendering equipment;
(ii) Transfer hoses and connection equipment; and
[[Page 440]]
(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.
Sec. 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.
Sec. 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 Sec. Sec. 155.1050 and 155.1052.
Sec. 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;
[[Page 441]]
(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:
------------------------------------------------------------------------
Tier 1 Tier 2 Tier 3
------------------------------------------------------------------------
Higher volume port area....... 12 hrs...... N/A......... N/A
Great Lakes................... 18 hrs...... N/A......... N/A
All other rivers and canals, 24 hrs...... N/A......... N/A
inland, nearshore, and
offshore areas.
Open ocean (plus travel time 24 hrs+..... N/A......... N/A
from shore).
------------------------------------------------------------------------
(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, Sec. 155.1035(c)(5)(ii)
and Sec. 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
[[Page 442]]
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 Sec. Sec. 340, 350, 370 and 380 of this Part]
------------------------------------------------------------------------
Item Description Dimension
------------------------------------------------------------------------
1............................... Outside diameter.. 215 mm. (8 in.).
2............................... Inside diameter... According to pipe
outside diameter.
3............................... Bolt circle 183 mm. (7 \3/16\
diameter. in.).
4............................... Slots in flange... 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.).
5............................... Flange thickness.. 20 mm. (\3/4\
in.).
6............................... Bolts and nuts.... 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 Sec. 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
Sec. 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
[[Page 443]]
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 50-barrel 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
[[Page 444]]
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 Sec. 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 capacity 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
[[Page 445]]
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=Tx24xE
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 Sec. 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=DxU
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=381x24x.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=314x12=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
[[Page 446]]
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 Sec. 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)x(% from Table 3 of this
appendix)x(emulsification factor from Table 4 of this
appendix)
Planning volumes for on-water recovery:
Inland 100,000x.5x1.4=70,000 bbls
Nearshore 100,000x.5x1.4=70,000 bbls
Offshore 100,000x.4x1.4=56,000 bbls
Open ocean 100,000x.2x1.4=28,000 bbls
Planning volumes for on shore recovery:
Inland 100,000x.7x1.4=98,000 bbls
Nearshore 100,000x.7x1.4=98,000 bbls
Offshore 100,000x.3x1.4=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 on-water recovery for each tier
using mobilization factors: (barrel per day on-water recovery
requirements)=(on-water planning volume as calculated
above)x(mobilization factor from Table 5 of this appendix).
------------------------------------------------------------------------
Tier 1 Tier 2 Tier 3
------------------------------------------------------------------------
Inland/Nearshore 70,000........ x .15 .25 .40
Offshore 56,000................ x .10 .165 .21
Open ocean 28,000.............. x .06 .10 .12
equals (barrels per day)
Inland/Nearshore............... ... 10,500 17,500 28,000
Offshore....................... ... 5,600 9,240 11,760
[[Page 447]]
Open ocean..................... ... 1,680 2,800 3,360
------------------------------------------------------------------------
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 year-round 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 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 non-mechanical 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
[[Page 448]]
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 demonstrate 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)
------------------------------------------------------------------------
Rivers & Canals............................ <=1 1
Inland..................................... <=3 2
Great Lakes................................ <=4 2-3
Ocean...................................... <=6 3-4
------------------------------------------------------------------------
[Boom]
----------------------------------------------------------------------------------------------------------------
Use
------------------------------------------------------------
Boom Property Rivers &
Canals Inland Great Lakes Ocean
----------------------------------------------------------------------------------------------------------------
Significant Wave 1, 2 Height (feet)................ <=1 <=3 <=4 <=6
Sea State.......................................... 1 2 2-3 3-4
Boom height--in.................................... 6-18 18-42 18-42 =42
(draft plus freeboard)
Reserve Buoyancy to Weight Ratio................... 2:1 2:1 2:1 3:1 to 4:1
Total Tensile Strength--lbs........................ 4,500 15-20,000 15-20,000 20,
000
Skirt Fabric Tensile Strength--lbs................. 200 300 300 500
Skirt Fabric Tear Strength--lbs.................... 100 100 100 125
----------------------------------------------------------------------------------------------------------------
\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 Availability hours
-----------------------------------------------
Ensured by
Location contract or Higher volume
other approved port area Other areas
means (ft.)
----------------------------------------------------------------------------------------------------------------
Persistent Oils
----------------------------------------------------------------------------------------------------------------
Open Ocean...................................................... .............. .............. ..............
Offshore........................................................ 15,000 24 48
Nearshore/Inland/Great Lakes.................................... 30,000 12 24
Rivers & Canals................................................. 25,000 12 24
-----------------------------------------------------------------
Non-Persistent Oils
----------------------------------------------------------------------------------------------------------------
Open Ocean...................................................... .............. .............. ..............
Offshore........................................................ .............. .............. ..............
Nearshore/Inland/Great Lakes.................................... 10,000 12 24
Rivers & Canals................................................. 15,000 12 24
----------------------------------------------------------------------------------------------------------------
[[Page 449]]
[GRAPHIC] [TIFF OMITTED] TR12JA96.000
[[Page 450]]
[GRAPHIC] [TIFF OMITTED] TR12JA96.001
Table 4--Emulsification Factors for Petroleum Oil Cargo Groups
------------------------------------------------------------------------
Non-persistent oil 72 G:
Group I................................................ 1.0
Persistent oil:
Group II............................................... 1.8
Group III.............................................. 2.0
[[Page 451]]
Group IV............................................... 1.4
------------------------------------------------------------------------
Table 5--On-Water Oil Recovery Resource Mobilization Factors
----------------------------------------------------------------------------------------------------------------
Area Tier 1 Tier 2 Tier 3
----------------------------------------------------------------------------------------------------------------
Rivers and Canals....................................................... .30 .40 .60
Inland/Nearshore/Great Lakes............................................ .15 .25 .40
Offshore................................................................ .10 .165 .21
Ocean................................................................... .06 .10 .12
----------------------------------------------------------------------------------------------------------------
Note: These mobilization factors are for total resources mobilized, not incremental resources.
Table 6--Response Capability Caps by Geographic Area
----------------------------------------------------------------------------------------------------------------
Tier 1 Tier 2 Tier 3
----------------------------------------------------------------------------------------------------------------
As of February 18, 1993:
All except rivers & canals & Great 10K bbls/day........... 20K bbls/day........... 40K bbls/day.
Lakes.
Great Lakes.......................... 5K bbls/day............ 10K bbls/day........... 20K bbls/day.
Rivers & canals...................... 1,500 bbls/day......... 3,000 bbls/day......... 6,000 bbls/day.
February 18, 1998:
All except rivers & canals & Great 12.5K bbls/day......... 25K bbls/day........... 50K bbls/day.
Lakes.
Great Lakes.......................... 6.35K bbls/day......... 12.5K bbls/day......... 25K bbls/day.
Rivers & canals...................... 1,875 bbls/day......... 3,750 bbls/day......... 7,500 bbls/day.
February 18, 2003
All except rivers & canals & Great TBD.................... TBD.................... TBD
Lakes.
Great Lakes.......................... TBD.................... TBD.................... TBD
Rivers & canals...................... TBD.................... TBD.................... TBD
----------------------------------------------------------------------------------------------------------------
Note: The caps show cumulative overall effective daily recovery capacity, not incremental increases.
K = Thousand
bbls = Barrels
TBD = To be determined
[CGD 91-034, 61 FR 1100, Jan. 12, 1996, as amended by CGD 96-026, 61 FR
33666, June 28, 1996; USCG-1999-5151, 64 FR 67176, Dec. 1, 1999; USCG-
2005-21531, 70 FR 36349, June 23, 2005]
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:
[[Page 452]]
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.
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.
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.
[CGD 91-034, 61 FR 1107, Jan. 12, 1996]