[Federal Register Volume 59, Number 33 (Thursday, February 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3522]
[[Page Unknown]]
[Federal Register: February 17, 1994]
_______________________________________________________________________
Part IV
Department of Transportation
_______________________________________________________________________
Coast Guard
_______________________________________________________________________
33 CFR Part 151
Shipboard Oil Pollution Emergency Plans; Proposed Rule
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 151
[CGD 93-030]
RIN 2115-AE44
Shipboard Oil Pollution Emergency Plans
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes regulations to require all U.S. flag
oil tankers of 150 gross tons and above and all other U.S. flag ships
of 400 gross tons and above, to carry approved shipboard oil pollution
emergency plans. These regulations would also require foreign oil
tankers of 150 gross tons and above and other foreign ships of 400
gross tons and above, to carry evidence of compliance with Regulation
26 when in the navigable waters of the United States. This proposal
would implement the requirements of Regulation 26 of Annex I of the
International Convention for the Prevention of Pollution from Ships,
1973, as modified by the Protocol of 1978, as amended (MARPOL 73/78).
The purpose of Regulation 26 is to improve response capabilities and
minimize the environmental impact of oil discharges from ships.
DATES: Comments must be received on or before April 18, 1994.
ADDRESSES: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA/3406) (CGD 93-030), U.S. Coast Guard
Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001, or
may be delivered to room 3406 at the same address between 8 a.m. and 3
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 267-1477. Comments on collection of information
requirements must be mailed also to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street
NW., Washington, DC 20503, ATTN: Desk Officer, U.S. Coast Guard.
The Executive Secretary maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection and copying in room 3406, U.S. Coast Guard
Headquarters.
FOR FURTHER INFORMATION CONTACT:Ms. Jacqueline L. Sullivan, Project
Counsel and Project Manager, Oil Pollution Act (OPA 90) Staff (G-MS),
(202) 267-6404, between 7 a.m. and 3:30 p.m., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD 93-030) and the specific section of this
proposal to which each comment applies, and give the reason for each
comment. The Coast Guard requests that all comments and attachments be
submitted in an unbound format suitable for copying and electronic
filing. If not practical, a second copy of any bound material is
requested. Persons wanting acknowledgment of receipt of comments should
enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal after reviewing the
comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Marine Safety Council at the address
under ADDRESSES. The request should include reasons why a hearing would
be beneficial. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Drafting Information
The principal person involved in drafting this document is Ms.
Jacqueline L. Sullivan, Project Counsel and Project Manager.
Background and Purpose
MARPOL 73/78
The Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.)
(the Act) authorizes the Coast Guard to administer and enforce Annex I
of the International Convention for the Prevention of Pollution from
Ships, 1973, as modified by the Protocol of 1978, as amended (MARPOL
73/78). Annex I of MARPOL 73/78 is entitled ``Regulations for the
Prevention of Pollution by Oil'' and is designed to prevent the
discharge of oil into the marine environment. MARPOL 73/78 defines oil
as petroleum in any form, including crude oil, fuel oil, sludge, oil
refuse and refined products; it does not include animal or vegetable
based oil or noxious liquid substances.
Regulation 26
The Marine Environment Protection Committee (MEPC) of the
International Maritime Organization (IMO) adopted Regulation 26 of
Annex I of MARPOL 73/78 at its 31st session in July 1991. Regulation 26
requires every oil tanker of 150 gross tons and above and every other
ship of 400 gross tons and above to carry on board a shipboard oil
pollution emergency plan approved by its flag state. This requirement
entered into force for party states, including the United States, on
April 4, 1993, for new ships and enters into force on April 4, 1995,
for existing ships.
The 32nd session of IMO in March 1992 adopted a set of guidelines
(Resolution MEPC.54(32)) with more specific information for the
preparation of shipboard oil pollution emergency plans. The guidelines
are intended to assist parties to Annex I of MARPOL 73/78 in developing
regulations for domestic implementation of Regulation 26, and are the
basis of this proposal.
Shipboard Oil Pollution Emergency Plans
Regulation 26 requires that plans be prepared according to the
guidelines developed by IMO and written in the working language of the
ship's master and officers. Plans must consist at least of--
(1) The procedure to be followed by the master or other persons
having charge of the ship to report an oil pollution incident, as
required in article 8 and Protocol I of MARPOL 73/78;
(2) The list of authorities or persons to be contacted in the event
of an oil pollution incident;
(3) A detailed description of the actions to be taken immediately
by persons on board to reduce or control the discharge of oil following
the incident; and
(4) The procedures and point of contact on the ship for
coordinating shipboard activities with national and local authorities
in responding to the pollution.
The Regulation 26 guidelines expand on the four mandatory
provisions of Regulation 26, and also address the following non-
mandatory provisions: Plans and diagrams, ship-carried response
equipment, public affairs, recordkeeping, plan review, and plan
testing.
Definitions
The proposed regulations would be inserted in part 151 of title 33
of the Code of Federal Regulations (CFR), which implements other
provisions of MARPOL 73/78. Most of the terms used in the proposal are
currently defined in 33 CFR 151.05. Some of the more important
definitions are repeated here as an aid to understanding this proposal.
Ship means a vessel of any type whatsoever, operating in the marine
environment. This includes hydrofoils, air-cushion vehicles,
submersibles, floating craft whether self-propelled or not, and fixed
or floating drilling rigs and other platforms.
Oceangoing ship means a ship that--
(1) Is operated under the authority of the United States and
engages in international voyages;
(2) Is operated under the authority of the United States and is
certificated for ocean service;
(3) Is operated under the authority of the United States and is
certificated for coastwise service beyond 3 miles from land;
(4) Is operated under the authority of the United States and
operates at any time seaward of the outermost boundary of the
territorial sea of the United States as defined in 33 CFR 2.05; or
(5) Is operated under the authority of a country other than the
United States.
The term ``oceangoing'' ship is used to apply MARPOL 73/78
requirements in 33 CFR parts 151 and 155, while the term ``seagoing''
ship is used in 33 CFR part 157. Both terms have been used to implement
the Act, which applies Annexes I and II of MARPOL 73/78 only to
``seagoing'' vessels in 33 U.S.C. 1903. For the purposes of this
proposed regulation, the two terms are synonymous.
Oil tanker means a ship constructed or adapted primarily to carry
oil in bulk in its cargo spaces and includes combination carriers and
any ``chemical tanker'' as defined in Annex II of MARPOL 73/78 when it
is carrying a cargo or part cargo of oil in bulk.
The proposed regulations define the following terms:
New ship means a ship delivered on or after April 4, 1993.
Shipboard oil pollution emergency plan means a plan prepared,
submitted, and maintained according to the provisions proposed in
Secs. 151.26 through 151.28 of this NPRM for United States ships; or
maintained according to the provisions proposed in Sec. 151.29(a) of
this NPRM for foreign ships operated under the authority of a country
that is party to MARPOL 73/78 while in the navigable waters of the
United States.
Discussion of Proposed Amendments
The proposed regulations would apply to U.S. ships because the Act
requires the Coast Guard to prescribe regulations implementing
shipboard oil pollution emergency plans for ships of U.S. registry or
nationality, or operating under the authority of the United States. In
addition, the proposal would apply to Mobile Offshore Drilling Units
(MODUs) only when they are not engaged in their primary mode of
operation. Any fixed or floating drill rigs, or other offshore
installations when engaged in the exploration, exploitation, or
associated offshore processing of seabed mineral resources, which have
oil pollution emergency plans approved by another Federal or State
agency will be considered to be in compliance with Regulation 26.
Foreign ships operating in U.S. waters must also comply with
Regulation 26. Ships of foreign countries that are party to MARPOL 73/
78 must have a plan approved by their flag state.
Although only 10 percent of the world's tonnage belongs to states
not party to Annex I of MARPOL 73/78, 33 U.S.C. 1902(c) requires that
regulations be written to ensure that the ships of non-party states do
not receive more favorable treatment than vessels of parties to MARPOL
73/78. In accordance with 33 CFR 151.21, these ships must comply with
MARPOL 73/78, and carry evidence of such compliance issued by the
government of a country that is party to MARPOL or by a recognized
classification society. The Coast Guard may review the shipboard oil
pollution emergency plans of these ships.
Regulation 26 does not apply to warships; naval auxiliary ships; or
other ships owned or operated by a country when engaged in
noncommercial service. In addition, the proposed regulation would
exempt barges or other ships which are so constructed or operated that
no oil can be discharged from any portion thereof, intentionally or
unintentionally, including but not limited to, oil discharged as the
result of the ships' casualties. This exemption is consistent with
similar exemptions from certain MARPOL Annex I based requirements under
33 CFR parts 151 and 155. See 33 CFR Secs. 151.17(d), 151.25(1),
155.350(c), and 155.370(e).
In accordance with 33 CFR 151.09, Canadian and U.S. ships operated
exclusively on the Great Lakes or their connecting and tributary
waters, or exclusively on the internal waters of the U.S. are not
required to comply with MARPOL 73/78. This proposed regulations
preserves the exclusion of ships operating exclusively in these waters.
However, Canada recently acceded in Annexes I and II of MARPOL 73/78
and may apply MARPOL 73/78 requirements to ships in Canadian waters.
Consequently, the Coast Guard is reconsidering whether Annexes I and II
of MARPOL 73/78, including Regulation 26 provisions, should apply to
ships operating in these waters. The Coast Guard solicits comments on
the following questions pertaining to ships operating exclusively on
the Great Lakes of North America or their connecting and tributary
waters:
1. What will be the economic impact of requiring these ships to
prepare, submit, and maintain shipboard oil pollution emergency plans?
2. Would an effective date of April 5, 1995, provide an owner of
operator of a ship adequate time to prepare and submit a shipboard oil
pollution emergency plan?
3. What will be the economic impact of these regulations on ``small
entities,'' under section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 605(b))?
Comments are not limited to the above and are invited on any aspect
of implementing Regulation 26 on the Great Lakes.
This proposal addresses only the four mandatory provisions of
Regulation 26 that must be included in shipboard emergency response
plans: (1) An outline of procedures for reporting pollution incidents,
(2) a list of authorities or persons to be contacted in the event of an
incident, (3) a detailed description of the actions to be taken
immediately by persons on board to reduce or control discharge of oil
following an incident, and (4) a procedure for coordinating response
efforts with national and local authorities. The four mandatory
provisions of Regulation 26 are the basic items necessary for plans to
serve as a tool for shipowners.
Proposed Sec. 151.26(b)(6)(ii)(A) of this NPRM would require each
plan to include a separate appendix listing agencies or officials of
coastal state administrations responsible for receiving and processing
incident reports. The list issued by the MEPC as MEPC/Circ.267 may
assist shipowners in complying with this provision. Although inclusion
of the MEPC list, or a similar successor list issued by IMO, is not
mandated by the proposed regulation, its use would be considered prime
facie evidence of compliance with this requirement for enforcement
purposes. If a shipowner includes an alternate list in the plan, it
should contain comparable information.
The non-mandatory provisions of the Regulation 26 guidelines
provide guidance on additional information that could be included in
the shipboard oil pollution emergency plans, such as diagrams, response
equipment, public affairs practices, recordkeeping, regular plan review
by the shipowner and exercising. The Coast Guard is soliciting comments
on whether plans should be required to address any or all of the non-
mandatory provisions, particularly those addressing response equipment,
plan review, and plan testing.
This proposed regulation would require a shipowner to prepare and
submit two English language copies of its plan to the Captain of the
Port (COTP) or Officer in Charge, Marine Inspection (OCMI) at the
ship's home port for review and approval. The approval period for the
plan is five years. When the approval period expires, the shipowner
would be required to resubmit the entire plan for review and
reapproval. The proposed regulation would also require a shipowner to
review its plan annually and submit a letter to the COTP or OCMI at the
ship's home port certifying that the review has been completed.
Some of the provisions in this proposed regulation are similar to
those of the vessel response plan (VRP) interim final rule (IFR) (58 FR
7376; February 5, 1993) issued under the Oil Pollution Act of 1990 (OPA
90) (Pub. L. 101-380). The OPA 90 VRP IFR establishes requirements for
tank vessels which include many of the non-mandatory provisions of the
Regulation 26 guidelines, in addition to many of the mandatory
provisions. Like the VRP IFR, this proposed regulation would require
resubmission of shipboard oil pollution emergency plans every five
years. However, differences between this proposed regulation and the
VRP IFR remain. Some of the more important differences include the
following:
(1) This proposed regulation would apply to oil tankers of 150
gross tons and above and other ships of 400 gross tons and above, while
the VRP IFR requirements apply to all tank vessels which carry oil in
bulk as cargo, regardless of size;
(2) This proposed regulation would require the creation and
maintenance of a list of contacts in all regular ports of call
worldwide. The VRP IFR requires a complete geographic-specific listing
of contacts and response resources for U.S. ports only.
(3) This proposed regulation would require planning the response to
all oil discharges, including the ship's fuel oil, while the VRP IFR
applies only to oil carried in bulk as cargo.
(4) This proposed regulation would require procedures and a point
of contact on the ship for coordinating response action with shore-
based authorities. The VRP IFR generally requires more structured
(formalized) arrangements with response organizations in all U.S. ports
of call, as well as a shore-based qualified individual to obligate
funds on the part of the shipowner or operator.
Tank vessel owners or operators may find it helpful to refer to
Sec. 155.1030 of the VRP IFR for additional requirements. The VRP IFR
allows for the submission of a vessel response plan which complies with
both sets of response plan requirements. This proposed regulation would
require a combined shipboard oil pollution emergency plan and vessel
response plan to be submitted to Coast Guard Headquarters for review
and approval. To facilitate compliance, the approval period is the same
for both plans.
For foreign flag tank vessels operating in U.S. waters, the OPA 90
VRP requirements may be considered a local requirement under section
3.1 of the guidelines issued as Resolution MEPC.54(32), and may be
included as an appendix to a Regulation 26 plan.
On March 5, 1993, the Coast Guard released Navigation and Vessel
Inspection Circular (NVIC) No. 2-93 to provide guidance to the affected
community on compliance before Regulation 26 became effective for new
ships on April 4, 1993. The NVIC has no regulatory force; it simply
provides guidance pending the issuance of regulations. The Coast Guard
also issued Change 1 to NVIC 2-93 on July 28, 1993, providing
shipowners with the current list of national operational contact points
adopted by the MEPC.
Submission of Shipboard Oil Pollution Emergency Plans
Owners or operators of all U.S. Ships to which this regulation
applies must prepare and submit two English language copies of the
shipboard oil pollution emergency plans to the appropriate Coast Guard
Captain of the Port (COTP) or Officer in Charge, Marine Inspection
(OCMI) for review and approval. Under Regulation 26, owners or
operators of new ships should have submitted plans by April 4, 1993.
The term ``new ship'' means a ship that has been delivered on or after
April 4, 1993. For ships delivered after April 4, 1993, plans must be
submitted at least 60 days before the owners or operators intend to
begin operations. Owners or operators of existing ships will be
required to submit plans at least 60 days prior to April 4, 1995, and
must have an approved plan on board by April 4, 1995. The term
``existing ship'' is currently defined in Sec. 151.05 as ``a ship that
is not a new ship.'' Therefore, for the purposes of this proposed
regulation, ``existing ship'' means a ship that has been delivered
before April 4, 1993. Plans must be resubmitted every five years for
review and approval.
Owners or operators of tank vessels that must comply with OPA 90
VRP requirements may meet the requirements of Regulation 26 by
submitting one response plan, pursuant to Sec. 155.1030, if the plan
addresses the following Regulation 26 requirements in addition to the
OPA 90 requirements: (1) Discharges of all oils defined under Annex I
of MARPOL 73/78, whether carried as cargo or as fuel; (2) contacts for
all coastal state and regular ports of call worldwide; and (3) the
procedures and point of contact on the ship for coordinating shipboard
action with national and local authorities in combating the pollution.
The letter of transmittal should clearly state that the plan is
intended to comply with the requirements of both Regulation 26 and OPA
90. Combined Regulation 26 and OPA 90 VRP plans must be submitted to
the Coast Guard at the following address: Commandant (G-MEP-6), U.S.
Coast Guard, 2100 Second Street SW., Washington, DC 20593-0001.
Regulatory Evaluation
This proposal is not a significant regulatory action under Section
3(f)(1) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under Section 6(a)(3) of that Order. It is
not significant under the ``Department of Transportation Regulatory
Policies and Procedures'' (44 FR 11040; February 26, 1979). A draft
evaluation has been prepared and is available in the docket for
inspection or copying where indicated under ADDRESSES. This evaluation
is summarized below. This proposal will not result in annual costs of
$100 million or more; will have no significant adverse effects on
competition, employment, or other aspects of the economy, and will not
result in a major increase in costs and prices.
The Coast Guard estimates that 1,534 U.S. flag ships must comply
with Regulation 26 of Annex I of MARPOL 73/78. The Coast Guard assumes
that 1,234 existing non-tank vessels will prepare Shipboard Oil
Pollution Emergency Plans to meet the requirements of Regulation 26. In
addition, the Coast Guard assumes that 284 existing tank vessels will
prepare and submit combined Shipboard Oil Pollution Emergency Plans and
OPA 90 Vessel Response Plans. The Coast Guard estimates that 16 ships
will be constructed in the U.S. between April 4, 1993 and April 4,
1995. Therefore, the total number of ships which must comply with this
regulation will equal 1,534.
Based on hourly cost data of those required to comply with
Regulation 26, it is estimated to cost $4,320.00 to prepare a Shipboard
Oil Pollution Emergency Plan. It is estimated to cost $855.00 to
prepare the additional requirements of a VRP that complies with MARPOL
Regulation 26. The total annualized cost to respondents for initial
plan preparation between 1993 and 1995 is estimated to be $5,642,820.
The Coast Guard will review submitted Shipboard Oil Pollution Emergency
Plans to ensure compliance with Regulation 26. Total government
annualized costs associated with review of the Shipboard Oil Pollution
Emergency Plans are estimated to be $78,663 between 1993 and 1995. The
net present value of the costs of the proposed regulation, discounted
at 7 percent, is $4,675,060.
The dollar value of direct societal benefits derived from the
proposed rule are not quantifiable, but may be substantial. Historical
data is insufficient to quantify benefits. However, this program should
improve response capabilities and minimize the environmental impact of
oil discharges from ships. If efficiencies in the cleanup of spilled
oil go up by only a small percentage, the savings that would accrue to
the maritime industry and to the public would exceed the costs.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small entities'' include independently owned and operated
small businesses that are not dominant in their field and that
otherwise qualify as ``small business concerns'' under section 3 of the
Small Business Act (15 U.S.C. 632).
The Coast Guard expects that few new cost will be associated with
this rule because few small entities own ships of the gross tonnage to
which this proposed regulation would apply. Because it expects the
impact of this proposal to be minimal, the Coast Guard certifies under
5 U.S.C. 605(b) that this proposal, if adopted, will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the
Office of Management and Budget (OMB) reviews each proposed rule that
contains a collection of information requirement to determine whether
the practical value of the information is worth the burden imposed by
its collection. Collection of information requirements include
reporting, recordkeeping, notification, and other, similar
requirements.
This proposal contains collection of information requirements in
the following sections: 151.26, 151.27, and 151.28. The following
particulars apply:
DOT No.: 2115.
OMB Control No.: 2115-XXXX.
Administration: U.S. Coast Guard.
Title: Shipboard Oil Pollution Emergency Plans.
Need for Information: This proposed regulation would direct
shipowners to prepare, submit, and maintain shipboard oil pollution
emergency plans.
Proposed Use of Information: The Coast Guard will review submitted
plans to ensure compliance with Regulation 26 of Annex I of MARPOL 73/
78. The information contained in the plans will improve the
capabilities of individual vessel operators to respond to oil spills
and will enhance cooperative response efforts of the vessel operators
and the government agencies. Also, Coast Guard issuance of a vessel's
International Oil Pollution Prevention (IOPP) Certificate evidencing
compliance with Regulation 26 will facilitate the oceangoing trade of
U.S. vessels with foreign countries that are parties to MARPOL 73/78.
Frequency of Response: Plans must be resubmitted every 5 years for
review and approval. However, if there are any revisions or amendments
requiring approval, the plan must be resubmitted as appropriate. In
addition, a letter certifying that the annual review has been completed
must be submitted annually.
Burden Estimate: 125,396 hours.
Respondents: All owners of U.S. flag oil tankers of 150 gross tons
and above and all other U.S. flag ships of 400 gross tons and above.
Form(s): None.
Average Burden Hours per Respondent: 82 hours.
The Coast Guard has submitted the requirements to OMB for review
under section 3504(h) of the Paperwork Reduction Act. Persons
submitting comments on the requirements should submit their comments
both to OMB and to the Coast Guard where indicated under ADDRESSES.
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that it
does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2B.2 of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation. This proposal is expected to
contribute to the reduction of the occurrence of ship-generated oil
spills in the marine environment. A Categorical Exclusion Determination
is available in the docket for inspection of copying where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 151
Administrative practice and procedure, Oil pollution, Penalties,
Reporting and recordkeeping requirements, Water pollution control.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 151 as follows:
PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE
AND MUNICIPAL OR COMMERCIAL WASTE
Subpart A--Implementation of MARPOL 73/78
1. The authority citation for 33 CFR part 151, subpart A, continues
to read as follows:
Authority: 33 U.S.C. 1321(j)(1)(c) and 1903(b); Executive Order
11735; 3 CFR 1971-1975 Comp. p. 793; 49 CFR 1.46.
2. Section 151.05 is amended by adding paragraph (5) under the
definition of New ship and adding a definition of Shipboard oil
pollution emergency plan to read as follows:
Subpart A--Implementation of MARPOL 73/78
Sec. 151.05 Definitions
* * * * *
New ship means a ship--
* * * * *
(5) For the purposes of Secs. 151.26 through 151.28, which is
delivered on or after April 4, 1993.
* * * * *
Shipboard oil pollution emergency plan means a plan prepared,
submitted, and maintained according to the provisions of Secs. 151.26
through 151.28 of this subpart for United States ships or maintained
according to the provisions of Sec. 151.29(a) of this subpart for
foreign ships operated under the authority of a country that is party
to MARPOL 73/78 while in the navigable waters of the United States.
* * * * *
3. Section 151.09 is amended by adding paragraphs (c) and (d) to
read as follows:
Sec. 151.09 Applicability.
* * * * *
(c) Sections 151.26 through 151.28 apply to each United States
oceangoing ship specified in paragraphs (a)(1) through (a)(4) of this
section which is--
(1) An oil tanker of 150 gross tons and above or other ship of 400
gross tons and above; or
(2) A fixed or floating drilling rig or other platform, when not
engaged in the exploration, exploitation, or associated offshore
processing of seabed mineral resources.
(d) Sections 151.26 through 151.28 do not apply to--
(1) The ships specified in paragraph (b) of this section;
(2) Any barge or other ship which is constructed or operated in
such a manner that no oil can be discharged from any portion thereof,
intentionally or unintentionally, including, but not limited to, oil
discharged as the result of a casualty to the ship.
Sec. 151.21 [Amended]
4. Section 151.21(a) is amended by adding the words ``that is party
to MARPOL 73/78'' in the last sentence after the word ``country''.
5. Sections 151.26 through 151.29 are added to read as follows:
Sec. 151.26 Shipboard oil pollution emergency plans.
(a) Language of the plan. The shipboard oil pollution emergency
plan must be available on board in English and in the working language
of the master and the officers of the ship, if different.
(b) Plan format. The plan must contain the following six sections.
A seventh non-mandatory section may be included at the shipowner's
discretion:
(1) Introduction. This section must contain the following
introductory text:
``(i) This plan is written in accordance with the requirements of
Regulation 26 of Annex I of the International Convention for the
Prevention of Pollution from Ships, 1973, as modified by the Protocol
of 1978 relating thereto (MARPOL 73/78).
(ii) The purpose of the plan is to provide guidance to the master
and officers on board the ship with respect to the steps to be taken
when a pollution incident has occurred or is likely to occur.
(iii) The plan contains all information and operational
instructions required by the guidelines (Resolution MEPC.54(32)). The
appendices contain names, telephone numbers, telex numbers, etc. of all
contacts referenced in the plan, as well as other reference material.
(iv) This plan has been approved by the Coast Guard and, except as
provided below, no alteration or revision may be made to any part of it
without the prior approval of the Coast Guard.
(v) Changes to the seventh section of the plan and the appendices
do not require approval by the Coast Guard. The appendices must be
maintained up-to-date by owners, operators, and managers.''
(2) Preamble. This section must contain an explanation of the
purpose and use of the plan and indicate how the shipboard plan relates
to other shore-based plans.
(3) Reporting requirements. This section of the plan must include
information relating to the following:
(i) When to report.
(A) A report shall be made whenever an incident involves--
(1) A discharge of oil resulting from damage to the ship or its
equipment, or for the purpose of securing the safety of a ship or
saving life at sea;
(2) A discharge of oil during the operation of the ship in excess
of the quantities or instantaneous rate permitted in Sec. 151.10 of
this subpart or in Sec. 157.37 of this subchapter; or
(3) A probable discharge. Factors to be considered in determining
whether a discharge is probable include, but are not limited to: Ship
location and proximity to land or other navigational hazards, weather,
tide, current, sea state, and traffic density. The master must make a
report in cases of collision, grounding, fire, explosion, structural
failure, flooding or cargo shifting, or an incident resulting in
failure or breakdown of steering gear, propulsion, electrical
generating system, or essential shipborne navigational aids.
(B) [Reserved]
(ii) Information required. This section of the plan must include a
notification form, such as that depicted in Table 151.26(b)(3)(ii)(A),
that contains information to be provided in the initial and follow-up
notifications. The initial notification should include as much of the
information on the form as possible, and supplemental information, as
appropriate. However, the initial notification must not be delayed
pending collection of all information. Copies of the form must be
placed at the location(s) on the ship from which notification may be
made.
BILLING CODE 4910-14-M
TP17FE94.003
TP17FE94.004
BILLING CODE 4910-14-C
(B) [Reserved]
(iii) Whom to contact.
(A) This section of the plan must make reference to the appendices
listing coastal state contacts, port contacts, and ship interest
contacts.
(B) For actual or probable discharges of oil, the reports must
comply with the procedures described in MARPOL Protocol I.
(4) Steps to control a discharge. This section of the plan must
contain a discussion of procedures to address the following scenarios:
(i) Operational spills: The plan must outline procedures for
removal of oil spilled and contained on deck. The plan must also
provide guidance to ensure proper disposal of recovered oil and clean-
up materials;
(A) Pipe leakage: The plan must provide specific guidance for
dealing with pipe leakage;
(B) Tank overflow: The plan must include procedures for dealing
with tank overflows. It must provide alternatives such as transferring
cargo or bunkers to empty or slack tanks, or readying pumps to transfer
the excess ashore;
(C) Hull leakage: The plan must outline procedures for responding
to spills due to suspected hull leakage, including guidance on measures
to be taken to reduce the head of oil in the tank involved either by
internal transfer or discharge ashore. Procedures to handle situations
where it is not possible to identify the specific tank from which
leakage is occurring must also be provided. Procedures for dealing with
suspected hull fractures must be included. These procedures must take
into account the effect of corrective actions on hull stress and
stability.
(ii) Spills resulting from casualties: Each of the casualties
listed in this paragraph must be treated in the plan as a separate
section comprised of various checklists or other means which will
ensure that the master considers all appropriate factors when
addressing the specific casualty. These checklists must be tailored to
the specific ship. In addition to the checklists, specific personnel
assignments for anticipated tasks must be identified. Reference to
existing fire control plans and muster lists is sufficient to identify
personnel responsibilities in the following situations:
(A) Grounding;
(B) Fire or explosion;
(C) Collision;
(D) Hull failure; and
(E) Excessive list.
(iii) In addition to the checklist and personnel duty assignments
required by paragraph (b)(4)(ii) of this section, the plan must
include--
(A) Priority actions to ensure the safety of personnel and the
ship, assess the damage to the ship, and take appropriate further
action;
(B) Information for making damage stability and longitudinal
strength assessments, or contacting classification societies to acquire
such information. Nothing in this section shall be construed as
creating a requirement for damage stability plans or calculations
beyond those required by law or regulation; and
(C) Lightening procedures to be followed in cases of extensive
structural damage. The plan must contain information on procedures to
be followed for ship-to-ship transfer of cargo. Reference may be made
in the plan to existing company guides. A copy of such company
procedures for ship-to-ship transfer operations must be kept in the
plan. The plan must address the coordination of this activity with the
coastal or port state, as appropriate.
(5) National and local coordination. This section of the plan must
contain information to assist the master in initiating action by the
coastal State, local government, or other involved parties. This
information must include guidance to assist the master with organizing
a response to the incident should a response not be organized by the
shore authorities. Detailed information for specific areas may be
included as appendices to the plan.
(6) Appendices. Appendices must include the following information:
(i) Twenty-four hour contact information and alternates to the
designated contacts. These details must be routinely updated to account
for personnel changes and changes in telephone, telex, and
telefacsimile numbers. Clear guidance must also be provided regarding
the preferred means of communication.
(ii) The following lists, each identified as a separate appendix:
(A) A list of agencies or officials of coastal state
administrations responsible for receiving and processing incident
reports;
(B) A list of agencies or officials in regularly visited ports.
When this is not feasible, the master must obtain details concerning
local reporting procedures upon arrival in port; and
(C) A list of all parties with a financial interest in the ship,
including, but not limited to, ship and cargo owners, insurers, and
salvage interests.
(D) A list which specifies who will be responsible for informing
the parties listed and the priority in which they must be notified.
(iii) A record of annual reviews and changes.
(7) Non-mandatory provisions. If this section is included by the
shipowner, it should include the following types of information or any
other information that may be appropriate:
(i) Diagrams;
(ii) Response equipment;
(iii) Public affairs practices;
(iv) Recordkeeping; and
(v) Plan exercising.
Sec. 151.27 Plan submission and approval.
(a) No ship subject to this part may operate unless it carries on
board a shipboard oil pollution emergency plan approved by the Coast
Guard. For new ships, plans must be submitted at least 60 days before
the ship intends to begin operations. For existing ships, plans must be
submitted at least 60 days prior to April 4, 1995, and an approved plan
must be on board by April 4, 1995.
(b) An owner or operator of a ship to which this part applies shall
prepare and submit two English language copies of the shipboard oil
pollution emergency plan to the Captain of the Port (COTP) or Officer
in Charge, Marine Inspection (OCMI) at the ship's home port, for review
and approval.
(c) Combined shipboard oil pollution emergency plans and response
plans meeting the requirements of subparts D and E of part 155 of this
chapter must be prepared according to Sec. 155.1030(j) of this chapter
and submitted to the Coast Guard at the following address: Commandant
(G-MEP-6), U.S. Coast Guard, 2100 Second Street SW., Washington, DC
20593-0001.
(d) If the Coast Guard determines that the plan meets all
requirements of this section, the Coast Guard will notify the owner or
operator of the ship and return one copy of the approved plan along
with an approval letter. The approval period for a plan expires 5 years
after the plan approval date.
(e) If the Coast Guard determines that the plan does not meet all
of the requirements, the Coast Guard will notify the owner or operator
of the plan's deficiencies. The owner or operator must then resubmit
two copies of the revised plan, or corrected portions of the plan,
within 45 days of receipt of the notice of deficiency.
Sec. 151.28 Plan review and revision.
(a) An owner or operator of a ship to which this part applies must
review the shipboard oil pollution emergency plan annually and submit a
letter to the COTP or OCMI at the ship's home port certifying that the
review has been completed. This review must occur within 1 month of the
anniversary date of Coast Guard approval of the plan.
(b) The owner or operator shall submit any plan amendments to the
COTP or OCMI at the ship's home port for information or approval.
(c) The entire plan must be resubmitted to the COTP or OCMI at the
ship's home port for reapproval 6 months before the end of the Coast
Guard approval period identified in Sec. 151.27(d) of this subpart.
(d) A record of annual review and changes to the plan must be
maintained in the appropriate appendices.
(e) The owner or operator shall submit revisions or amendments to
an approved plan for information or approval after there is--
(1) A significant change in the ship's configuration that affects
the information included in the plan;
(2) A significant change in the ship's procedures to control a
discharge; and
(3) A change in the owner or operator of the ship; or
(4) Any other significant changes that affect implementation of the
plan.
Sec. 151.29 Foreign ships.
(a) Each oil tanker of 150 gross tons and above and each other ship
of 400 gross tons and above, operated under the authority of a country
other than the United States that is party to MARPOL 73/78, shall carry
on board a shipboard oil pollution emergency plan approved by its flag
state while in the navigable waters of the United States or while at a
port or terminal under the jurisdiction of the United States.
(b) Each oil tanker of 150 gross tons and above and each other ship
of 400 gross tons and above, operated under the authority of a country
that is not a party to MARPOL 73/78, must comply with Sec. 151.21 of
this subpart while in the navigable waters of the United States.
Dated: February 10, 1994.
A.E. Henn,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,
Security and Environmental Protection.
[FR Doc. 94-3522 Filed 2-16-94; 8:45 am]
BILLING CODE 4910-14-M