[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



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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.

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TP17FE94.003


TP17FE94.004


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(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]
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