pt. 155 33 cfr ch. i (7–1–98 edition) · and safety (29 cfr 1910.120). 3. further...

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33 CFR Ch. I (7–1–98 Edition)Pt. 155

2.2.3.3 Piping rupture;2.2.3.4 Piping leak, both under pressure

and not under pressure, if applicable;2.2.3.5 Explosion or fire;2.2.3.6 Equipment failure (e.g., pumping

system failure, relief valve failure, or othergeneral equipment relevant to operationalactivities associated with internal or exter-nal facility transfers).

2.2.4 Procedures for transferring respon-sibility for direction of response activitiesfrom facility personnel to the spill manage-ment team.

2.2.5 Familiarity with the operational ca-pabilities of the contracted oil spill removalorganizations and the procedures to notifythe activate such organizations.

2.2.6 Familiarity with the contracting andordering procedures to acquire oil spill re-moval organization resources.

2.2.7 Familiarity with the ACP(s).2.2.8 Familiarity with the organizational

structures that will be used to manage theresponse actions.

2.2.9 Responsibilities and duties of thespill management team members in accord-ance with designated job responsibilities.

2.2.10 Responsibilities and authority ofthe qualified individual as described in thefacility response plan and company responseorganization.

2.2.11 Responsibilities of designated indi-viduals to initiate a response and superviseresponse resources.

2.2.12 Actions to take, in accordance withdesignated job responsibilities, in the eventof a transfer system leak, tank overflow, orsuspected cargo tank or hull leak.

2.2.13 Information on the cargoes handledby the vessel or facility, including famili-arity with—

2.2.13.1 Cargo material safety data sheets;2.2.13.2 Chemical characteristic of the

cargo;2.2.13.3 Special handling procedures for

the cargo;2.2.13.4 Health and safety hazards associ-

ated with the cargo; and2.2.13.5 Spill and firefighting procedures

for cargo.2.2.14 Occupational Safety and Health Ad-

ministration requirements for worker healthand safety (29 CFR 1910.120).

3. Further Considerations

In drafting the training section of the fa-cility response plan, some further consider-ations are noted below (these points areraised simply as a reminder):

3.1 The training program should focus ontraining provided to facility personnel.

3.2 An organization is comprised of indi-viduals, and a training program should bestructured to recognize this fact by ensuringthat training is tailored to the needs of theindividuals involved in the program.

3.3 An owner or operator may identifyequivalent work experience which fulfillsspecific training requirements.

3.4 The training program should includeparticipation in periodic announced and un-announced exercises. This participationshould approximate the actual roles and re-sponsibilities of individual specified in theplan.

3.5 Training should be conducted periodi-cally to reinforce the required knowledgeand to ensure an adequate degree of pre-paredness by individuals with responsibil-ities under the facility response plan.

3.6 Training may be delivered via a num-ber of different means; including classroomsessions, group discussions, video tapes, self-study workbooks, resident training courses,on-the-job training, or other means asdeemed appropriate to ensure proper instruc-tion.

3.7 New employees should complete thetraining program prior to being assigned jobresponsibilities which require participationin emergency response situations.

4. Conclusion

The information in this appendix is onlyintended to assist response plan preparers inreviewing the content of and in modifyingthe training section of their response plans.It may be more comprehensive than is need-ed for some facilities and not comprehensiveenough for others. The Coast Guard expectsthat plan preparers have determined thetraining needs of their organizations createdby the development of the response plans andthe actions identified as necessary to in-crease the preparedness of the company andits personnel to respond to actual or threat-ened discharges of oil from their facilities.

[CGD 91–036, 61 FR 7938, Feb. 29, 1996]

PART 155—OIL OR HAZARDOUSMATERIAL POLLUTION PREVEN-TION REGULATIONS FOR VESSELS

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.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 in-

land oil barges.

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355

Coast Guard, DOT Pt. 155

155.220 Discharge removal equipment forvessels carrying oil as secondary cargo.

155.225 Internal cargo transfer capability.155.230 Emergency towing capability for oil

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 in-

land oil barges.155.310 Containment of oil and hazardous

material cargo discharges.155.320 Fuel oil and bulk lubricating oil dis-

charge containment.155.330 Bilge slops/fuel oil tank ballast

water discharges on U.S. non-oceangoingships.

155.350 Bilge slops/fuel oil tank ballastwater discharges on oceangoing ships ofless than 400 gross tons.

155.360 Bilge slops discharges on oceangoingships of 400 gross tons and above but lessthan 10,000 gross tons, excluding shipsthat carry ballast water in their fuel oiltanks.

155.370 Bilge slops/fuel oil tank ballastwater discharges on oceangoing ships of10,000 gross tons and above and ocean-going ships of 400 gross tons and abovethat carry ballast water in their fuel oiltanks.

155.380 Oily-water separating equipment,bilge alarm, and bilge monitor approvalstandards.

155.400 Platform machinery space drainageon oceangoing fixed and floating drillingrigs and other platforms.

155.410 Pumping, piping and discharge re-quirements for U.S. non-oceangoing shipsof 100 gross tons and above.

155.420 Pumping, piping and discharge re-quirements for oceangoing ships of 100gross tons and above but less than 400gross tons.

155.430 Standard discharge connections foroceangoing ships of 400 gross tons andabove.

155.440 Segregation of fuel oil and waterballast on new oceangoing ships of 4,000gross tons and above, other than oiltankers, and on new oceangoing oil tank-ers of 150 gross tons and above.

155.450 Placard.155.470 Prohibited spaces.155.480 Overfill devices.

Subpart C—Transfer Personnel, Procedures,Equipment, and Records

155.700 Designation of person in charge.155.710 Qualifications of person in charge.155.715 Contents of letter of designation as a

person–in–charge of the transfer of fueloil.

155.720 Transfer procedures.

155.730 Compliance with transfer proce-dures.

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 require-

ments.155.1035 Response plan requirements for

manned vessels carrying oil as a primarycargo.

155.1040 Response plan requirements for un-manned tank barges carrying oil as a pri-mary cargo.

155.1045 Response plan requirements for ves-sels carrying oil as a secondary cargo.

155.1050 Response plan development andevaluation criteria for vessels carryinggroups I through IV petroleum oil as aprimary cargo.

155.1052 Response plan development andevaluation criteria for vessels carryinggroup V petroleum oil as a primarycargo.

155.1055 Training.155.1060 Exercises.155.1062 Inspection and maintenance of re-

sponse resources.155.1065 Procedures for plan submission, ap-

proval, requests for acceptance of alter-native planning criteria, and appeal.

155.1070 Procedures for plan review, revi-sion, amendment, and appeal.

Subpart E—Additional Response Plan Re-quirements for Tankers Loading Cargoat a Facility Permitted Under the Trans-Alaska Pipeline Authorization Act

155.1110 Purpose and applicability155.1115 Definitions155.1120 Operating restrictions and interim

operating authorization.155.1125 Additional response plan require-

ments.155.1130 Requirements for pre-positioned re-

sponse equipment.


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33 CFR Ch. I (7–1–98 Edition)§ 155.100

155.1135 Response plan development andevaluation criteria.

155.1145 Submission and approval proce-dures.

155.1150 Plan revision and amendment pro-cedures.

Subpart F—Response plan requirements forvessels carrying animal fats and vege-table oils as a primary cargo

155.1210 Purpose and applicability.155.1225 Response plan submission require-

ments.155.1230 Response plan development and

evaluation criteria.

Subpart G—Response Plan Requirementsfor Vessels Carrying Other Non-Petro-leum Oils as a Primary Cargo

155.2210 Purpose and applicability.155.2225 Response plan submission require-

ments.155.2230 Response plan development and

evaluation criteria.

APPENDIX A TO PART 155—SPECIFICATIONS FORSHORE CONNECTION

APPENDIX B TO PART 155—DETERMINING ANDEVALUATING REQUIRED RESPONSE RE-SOURCES FOR VESSEL RESPONSE PLANS

APPENDIX C TO PART 155—TRAINING ELE-MENTS FOR OIL SPILL RESPONSE PLANS

AUTHORITY: 33 U.S.C. 1231, 1321(j); 46 U.S.C.3715; sec. 2, E.O. 12777, 56 FR 54757, 3 CFR,1991 Comp., p. 351; 49 CFR 1.46. Sections155.100 through 155.130, 155.350 through155.400, 155.430, 155.440, 155.470, 155.1030 (j) and(k), and 155.1065(g) also issued under 33 U.S.C.1903(b); and §§ 155.1110 through 155.1150 alsoissued under 33 U.S.C. 2735.

NOTE: Additional requirements for vesselscarrying oil or hazardous materials are con-tained in 46 CFR parts 30 through 36, 33 CFRparts 150, 151, 153, and 157.

Subpart A—General

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

§ 155.100 Applicability.(a) Subject to the exceptions pro-

vided for in paragraph (b) and (c) ofthis section, this part applies to eachship that:

(1) Is operated under the authority ofthe United States, wherever located; or

(2) Is operated under the authority ofa country other than the United Stateswhile in the navigable waters of theUnited States, or while at a port or ter-

minal under the jurisdiction of theUnited States.

(b) This part does not apply to:(1) A warship, naval auxiliary, or

other ship owned or operated by acountry when engaged in non-commer-cial service; or

(2) Any other ship specifically ex-cluded by MARPOL 73/78.

(c) Section 155.480 applies to eachtank vessel with a cargo capacity of1,000 or more cubic meters (approxi-mately 6,290 barrels), loading oil or oilreside as cargo that is operated underthe authority of the United States,wherever located, or operated underthe authority of a country other thanthe United States while in the navi-gable waters of the United States, orwhile at a port or terminal under thejurisdiction of the United States.

[CGD 75–124a, 48 FR 45714, Oct. 6, 1983, asamended by CGD 90–071a, 62 FR 48773, Sept.17, 1997]

§ 155.110 Definitions.

Except as specifically stated in a sec-tion, the definitions in part 151 of thischapter, except for the word ‘‘oil’’, andin part 154 of this chapter, apply to thispart.

[CGD 90–071a, 59 FR 53290, Oct. 21, 1994]

§ 155.120 Equivalents.

(a) For ships required to be surveyedunder § 151.17 of this chapter, the Com-mandant may, upon receipt of a writ-ten request, allow any fitting, mate-rial, appliance or apparatus to be fittedin a ship as an alternative to that re-quired by both MARPOL 73/78 and sub-part B of this part if such fitting, ma-terial, appliance, or apparatus is atleast as effective as that required bysubpart B. Substitution of operationalmethods to control the discharge of oilin place of those design and construc-tion features prescribed by MARPOL73/78 that are also prescribed by sub-part B of this part is not allowed.

(b) Any equivalent to a feature pre-scribed by MARPOL 73/78 that is au-thorized for a ship having an IOPP Cer-tificate is noted on that Certificate.

(c) For tank vessels required to haveoverfill devices installed under parts


357

Coast Guard, DOT § 155.140

155 and 156 of this chapter, the Com-mandant may, upon receipt of a writ-ten request, allow any fitting, mate-rial, appliance, or apparatus to befitted in a tank vessel as an alternativeto the required overfill device(s) thatare specified in these parts if the pro-posed alternative device is at least aseffective as that required in the regula-tions.

[CGD 75–124a, 48 FR 45714, Oct. 6, 1983, asamended by CGD 90–071a, 59 FR 53290, Oct. 21,1994]

§ 155.130 Exemptions.(a) The Commandant grants an ex-

emption or partial exemption fromcompliance with any requirement inthis part if:

(1) A ship operator submits a writtenrequest for an exemption via the COTPor OCMI thirty (30) days before oper-ations under the exemption are pro-posed unless the COTP or OCMI au-thorizes a shorter time; and

(2) It is determined from the requestthat:

(i) Compliance with a specific re-quirement is economically or phys-ically impractical;

(ii) No alternative procedures, meth-ods, or equipment standards exist thatwould provide an equivalent level ofprotection from pollution; and

(iii) The likelihood of discharges oc-curring as a result of the exemption isminimal.

(b) If requested, the applicant mustsubmit any appropriate information,including an environmental and eco-nomic assessment of the effects of andthe reasons for the exemption and pro-posed procedures, methods, or equip-ment standards.

(c) The exemption may specify theprocedures, methods, or equipmentstandards that will apply.

(d) An oceangoing ship is not givenan exemption from the requirements ofsubpart B of this part unless the ship isa hydrofoil, air cushion vehicle orother new type of ship (near-surfacecraft, submarine craft, etc.) whose con-structional features are such as torender the application of any of theprovisions of subpart B relating to con-struction and equipment unreasonableor impractical. The construction andequipment of the ship must provide

protection equivalent to that affordedby subpart B of this part against pollu-tion, having regard to the service forwhich the ship is intended.

(e) An exemption is granted or deniedin writing. The decision of the Com-mandant is a final agency action.

[CGD 75–124a, 48 FR 45714, Oct. 6, 1983, asamended by CGD 86–034, 55 FR 36254, Sept. 4,1990]

§ 155.140 Incorporation by reference.

(a) Certain material is incorporatedby reference into this part with the ap-proval of the Director of the FederalRegister under 5 U.S.C. 552(a) and 1CFR part 51. To enforce any editionother than that specified in paragraph(b) of this section, the Coast Guardmust publish notice of change in theFEDERAL REGISTER and the materialmust be available to the public. All ap-proved material is available for inspec-tion at the Office of the Federal Reg-ister, 800 North Capitol Street, NW.,suite 700, Washington, DC, and at theU.S. Coast Guard Office of Compliance(G–MOC), 2100 Second Street SW.,Washington, 20593–0001, and is availablefrom the sources indicated in para-graph (b) of this section.

(b) The material approved for incor-poration by reference in this part andthe sections affected are as follows:

American Society for Testing and Mate-rials (ASTM) 1916 Race Street, Philadel-phia, PA 19103.ASTM F 631–80 (Reapproved

1985), Standard Method forTesting Full Scale Advanc-ing Spill Removal Devices.

Appendix B.

ASTM F 715–81 (Reapproved1986), Standard Methods ofTesting Spill Control Bar-rier Membrane Materials.

Appendix B.

ASTM F 808–83 (1988), Stand-ard Guide for CollectingSkimmer Performance Datain Uncontrolled Environ-ments.

Appendix B.

ASTM F 989–86, Standard TestMethods for Spill ControlBarrier Tension Members.

Appendix B.

International Maritime Organization(IMO)Publications Section, 4 Albert

Embankment, London SE175R, United Kingdom, Telex23588..


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33 CFR Ch. I (7–1–98 Edition)§ 155.200

Resolution A.535(13), Rec-ommendations on Emer-gency Towing Requirementsfor Tankers, November 17,1983.

155.235

Resolution MSC.35(63), Adop-tion of Guidelines for Emer-gency Towing Arrangementon Tankers, May 20, 1994—155.235.

Oil Companies International MarineForum (OCIMF) 15th Floor, 96 VictoriaStreet, London SW1E 5JW England.Ship to Ship Transfer

Guide (Petroleum),Second Edition, 1988 .. 155.1035

[CGD 91–034, 58 FR 7424, Feb. 5, 1993, asamended 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]

Subpart B—Vessel Equipment

SOURCE: CGD 75–124a, 48 FR 45715, Oct. 6,1983, unless otherwise noted.


As used in this subpart:Inland oil barge means a tank barge

carrying oil in bulk as cargo certifi-cated by the Coast Guard under 46 CFRchapter I, subchapter D for river orcanal service or lakes, bays, and soundsservice.

On-deck spill means a discharge of oilon the deck of a vessel during loading,unloading, transfer, or other shipboardoperations. An on-deck spill could re-sult from a leaking fitting, an overfill,a bad connection, or similar oper-ational mishap. The term on-deck spillis used to differentiate these oper-ational discharges from those causedby collision or grounding where thehull is punctured and a tank is rup-tured, resulting in an uncontrolled dis-charge of oil into the marine environ-ment.

Offshore oil barge means a tank bargecarrying oil in bulk as cargo, includingdual-mode integrated tug-barges, cer-tificated by the Coast Guard under 46CFR chapter I, subchapter D, for navi-gation in waters outside the BoundaryLines, as defined in 46 CFR part 7, inany ocean or the Gulf of Mexico; anytank barge in Great Lakes service; orany foreign flag tank barge.

Oil tanker means a self-propelled ves-sel carrying oil in bulk as cargo, in-cluding integrated tug-barges designedfor push-mode operation.

Vessel carrying oil as secondary cargomeans a vessel carrying oil pursuant toa permit issued under 46 CFR 30.01–5, 46CFR 70.05–30, or 46 CFR 90.05–35 or pur-suant to an International Oil PollutionPrevention (IOPP) or Noxious LiquidSubstance (NLS) certificate requiredby §§ 151.33 or 151.35 of this chapter; orany uninspected vessel that carries oilin bulk as cargo.

[CGD 90–068, 58 FR 67996, Dec. 22, 1993]

§ 155.205 Discharge removal equip-ment for vessels 400 feet or greaterin length.

(a) Oil tankers and offshore oil bargeswith an overall length of 400 feet ormore must carry appropriate equip-ment and supplies for the containmentand removal of on-deck oil cargo spillsof at least 12 barrels.

(b) The equipment and supplies mustinclude—

(1) Sorbents;(2) Non-sparking hand scoops, shov-

els, and buckets;(3) Containers suitable for holding re-

covered 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 re-main ready for immediate use.

[CGD 90–068, 58 FR 67996, Dec. 22, 1993, asamended by USCG–1998–3799, 63 FR 35531,June 30, 1998]

§ 155.210 Discharge removal equip-ment for vessels less than 400 feetin length.

(a) Oil tankers and offshore oil bargeswith an overall length of less than 400feet must carry appropriate equipmentand supplies for the containment andremoval of on-deck oil spills of at least7 barrels.



els, and buckets;


359


(3) Containers suitable for holding re-covered 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 re-main ready for immediate use.


§ 155.215 Discharge removal equip-ment for inland oil barges.

(a) During cargo transfer operations,inland oil barges must have appro-priate equipment and supplies readyfor immediate use to control and re-move on-deck oil cargo spills of atleast one barrel.




covered waste;(4) Emulsifiers for deck cleaning; and(5) Protective clothing.(c) The oil barge owner or operator

may rely on equipment available at thetransfer facility receiving from or dis-charging to the barge, provided thebarge owner or operator has pre-arranged for the use of the equipmentby contract or other means approvedby the Coast Guard.


§ 155.220 Discharge removal equip-ment for vessels carrying oil as sec-ondary cargo.

(a) Vessels carrying oil as secondarycargo must carry appropriate equip-ment and supplies for the containmentand removal of on-deck oil cargo spillsof at least one-half barrel.




covered waste;(4) Emulsifiers for deck cleaning; and

(5) Protective clothing(c) The equipment and supplies must

be ready for immediate use duringcargo transfer operations.


§ 155.225 Internal cargo transfer capa-bility.

Oil tankers and offshore oil bargesmust carry suitable hoses and reducersfor internal transfer of cargo to tanksor other spaces within the cargo block,unless the vessel’s installed cargo pip-ing system is capable of performingthis function.


§ 155.230 Emergency towing capabilityfor oil barges.

(a) Offshore oil barges must carry anemergency tow wire or tow line riggedand ready for use.

(b) The emergency tow wire or towline must have the same towing char-acteristics as the primary tow wire ortow line.


§ 155.235 Emergency towing capabilityfor oil tankers.

An emergency towing arrangementshall be fitted at both ends on board alloil tankers of not less than 20,000 dead-weight tons (dwt), constructed on orafter September 30, 1997. For oil tank-ers constructed before September 30,1997, such an arrangement shall befitted at the first scheduled dry-dock-ing, but not later than January 1, 1999.The design and construction of thetowing arrangement shall be in accord-ance with IMO resolution MSC.35(63).

[CGD 95–028, 62 FR 51194, Sept. 30, 1997]

§ 155.240 Damage stability informationfor oil tankers and offshore oilbarges.

(a) Owners or operators of oil tankersand offshore oil barges shall ensurethat their vessels have prearranged,prompt access to computerized, shore-based damage stability and residual


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33 CFR Ch. I (7–1–98 Edition)§ 155.245

structural strength calculation pro-grams.

(b) Vessel baseline strength and sta-bility characteristics must be pre-en-tered into such programs and be con-sistent with the vessel’s existing con-figuration.

(c) Access to the shore-based calcula-tion program must be available 24hours a day.

(d) At a minimum, the program mustfacilitate calculation of the following:

(1) Residual hull girder strengthbased on the reported extent of dam-age.

(2) Residual stability when the ves-sel’s compartments are breached.

(3) The most favorable off-loading,ballasting, or cargo transfer sequencesto improve residual stability, reducehull girder stresses, and reduce ground-force reaction.

(4) The bending and shear stressescaused by pinnacle loads from ground-ing or stranding.


§ 155.245 Damage stability informationfor inland oil barges.

(a) Owners or operators of inland oilbarges shall ensure that the vesselplans necessary to perform salvage,stability, and residual hull strength as-sessments are maintained at a shore-based location.

(b) Access to the plans must be avail-able 24 hours a day.


§ 155.310 Containment of oil and haz-ardous material cargo discharges.

(a) A tank vessel with a capacity of250 or more barrels that is carrying oilor hazardous material as cargo musthave—

(1) Under or around each loadingmanifold and each transfer connectionpoint, a fixed container or encloseddeck area that, in all conditions of shiplist or trim encountered during theloading operation, has a capacity of atleast:

(i) One half barrel if it serves one ormore hoses with an inside diameter of2 inches or less, or one or more loading

arms with a nominal pipe size diameterof 2 inches or less;

(ii) One barrel if it serves one or morehoses with an inside diameter of morethan 2 inches but less than 4 inches, orone or more loading arms with a nomi-nal pipe size diameter of more than 2inches but less than 4 inches;

(iii) Two barrels if it serves one ormore hoses with an inside diameter of4 inches or more, but less than 6 inches,or one or more loading arms with anominal pipe size diameter of 4 inchesor more, but less than 6 inches;

(iv) Three barrels if it serves one ormore hoses with an inside diameter of6 inches or more, but less than 12inches, or one or more loading armswith a nominal pipe size diameter of 6inches or more, but less than 12 inches;or

(v) Four barrels if it serves one ormore hoses with an inside diameter of12 inches or more, or one or more load-ing arms with a nominal pipe size di-ameter of 12 inches or more;

(2) A means of draining or removingdischarged oil or hazardous materialfrom each container or enclosed deckarea without discharging the oil orhazardous material into the water; and

(3) A mechanical means of closingeach drain and scupper in the containeror enclosed deck area required by thissection.

(b) An offshore tank barge with acargo capacity of 250 or more barrelsthat is carrying hazardous material ascargo and an inland tank barge withthe capacity of 250 or more barrels thatis carrying oil or a hazardous materialas cargo must meet paragraph (a) ofthis section or be equipped with—

(1) A coaming, at least 4 inches highbut not more than 8 inches high, en-closing the immediate area of thecargo hatches, loading manifolds, andtransfer connections, that has a capac-ity, in all conditions of vessel list andtrim to be encountered during the load-ing operation, of at least one-half bar-rel per hatch, manifold, and connectionwithin the enclosed area;

(2) A fixed or portable containerunder each loading manifold and eachtransfer connection within the coa-ming, that holds at least one-half bar-rel;


361


(3) A mechanical means of closingeach drain and scupper within the coa-ming; and

(4) A means of draining or removingdischarged oil or hazardous materialfrom the fixed or portable containerand from within the coamings withoutdischarging the oil or hazardous mate-rial into the water.

(c) All oil tankers and offshore oilbarges with a cargo capacity of 250 ormore barrels must have peripheralcoamings, including port and starboardcoamings and forward and aftathwartships coamings, completely en-closing the cargo deck area, cargohatches, manifolds, transfer connec-tions, and any other openings wherecargo may overflow or leak.

(1) Coamings must be at least 4inches high except in the aft corners.

(2) In the aft corners (port and star-board) of a vessel, the coamings mustbe at least 8 inches high and extend—

(i) Forward at least 14 feet from eachcorner; and

(ii) Inboard at least 8 feet from eachcorner.

(3) Each area enclosed by the coa-ming required under this paragraphmust have—

(i) A means of draining or removingoil from the enclosed deck area with-out discharging oil into the water; and

(ii) A mechanical means of closingeach drain and scupper in the encloseddeck-area.

(4) For a tankship, as defined in 46CFR 30.10–67, the coaming or other bar-rier required in 46 CFR 32.56–15 mayserve as the aft athwartships coamingif the tankship is otherwise in compli-ance with the requirements of this sec-tion.

(d) In addition to the requirements ofparagraphs (a) and (b) of this section,an offshore oil barge with a cargo ca-pacity of 250 or more barrels musthave—

(1) A fixed or portable container thatholds at least one-half barrel undereach oil loading manifold and each oiltransfer connection within the coa-ming;

(2) A mechanical means of closingeach drain and scupper within the coa-ming; and

(3) A means of draining or removingdischarged oil from the fixed or port-

able container and from within thecoaming without discharging the oilinto the water.

[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, asamended by CGD 86–034, 55 FR 36254, Sept. 4,1990; CGD 90–068, 58 FR 67997, Dec. 22, 1993;USCG–1998–3799, 63 FR 35531, June 30, 1998]

§ 155.320 Fuel oil and bulk lubricatingoil discharge containment.

(a) A ship of 300 gross tons or moreconstructed after June 30, 1974 musthave a fixed container or enclosed deckarea under or around each fuel oil orbulk lubricating oil tank vent, over-flow, and fill pipe, that:

(1) For a ship of 300 or more but lessthan 1600 gross tons has a capacity ofat least one-half barrel; and

(2) For a ship of 1600 or more grosstons has a capacity of one barrel.

(b) A ship of 100 gross tons or moreconstructed before July 1, 1974, and aship of 100 or more but less than 300gross tons constructed after June 30,1974 must:

(1) Meet paragraph (a)(1) of this sec-tion; or

(2) Equip each fuel oil or bulk lubri-cating oil tank vent, overflow, and fillpipe during oil transfer operations witha portable container of at least a 5 U.S.gallon capacity; or

(3) If the ship has a fill fitting forwhich containment is impractical, usean automatic back pressure shut-offnozzle.

(c) This section does not apply to afixed or floating drilling rig or otherplatform.

§ 155.330 Bilge slops/fuel oil tank bal-last water discharges on U.S. non-oceangoing ships.

(a) No person may operate a U.S.non-oceangoing ship in the navigablewaters of the United States, unless ithas the capacity to retain on board alloily mixtures and is equipped to dis-charge these oily mixtures to a recep-tion facility.

(b) A U.S. non-oceangoing ship mayretain all oily mixtures on board in theship’s bilges. An oily residue (sludge)tank is not required.



362

33 CFR Ch. I (7–1–98 Edition)§ 155.350

§ 155.350 Bilge slops/fuel oil tank bal-last water discharges on ocean-going ships of less than 400 grosstons.

(a) No person may operate an ocean-going ship of less than 400 gross tons,unless it either:

(1) Has the capacity to retain onboard all oily mixtures and is equippedto discharge these oily mixtures to areception facility; or

(2) Has approved oily-water separat-ing equipment for the processing ofoily bilge slops or oily fuel oil tankballast and discharges into the sea inaccordance with § 151.10.

(b) An oceangoing ship of less than400 gross tons may retain all oily mix-tures on board in the ship’s bilges. Anoily residue (sludge) tank is not re-quired.

(c) This section does not apply to abarge that is not equipped with an in-stalled bilge pumping system for dis-charge into the sea.

(d) This section does not apply to afixed or floating drilling rig or otherplatform.

[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, asamended by CGD 88–002, 54 FR 18407, Apr. 28,1989; CGD 97–023, 62 FR 33364, June 19, 1997;USCG–1998–3799, 63 FR 35531, June 30, 1998]

§ 155.360 Bilge slops discharges onoceangoing ships of 400 gross tonsand above but less than 10,000 grosstons, excluding ships that carry bal-last water in their fuel oil tanks.

(a) No person may operate an ocean-going ship of 400 gross tons and abovebut less than 10,000 gross tons, exclud-ing a ship that carries ballast water inits fuel oil tanks, unless it is fittedwith approved 100 parts per million(ppm) oily-water separating equipmentfor the processing of oily bilge slops oroily fuel oil tank ballast.

(b) No person may operate a shipunder this section unless it is fittedwith a tank or tanks of adequate ca-pacity to receive the oily residues(sludges) that cannot be dealt with oth-erwise.

(1) In new ships such tanks shall bedesigned and constructed to facilitatecleaning and the discharge of the oilyresidues to reception facilities. Exist-ing ships shall comply with this re-

quirement as far as reasonable andpracticable.

(2) Tanks used for oily wastes onships certificated under 46 CFR Chap-ter I shall meet the requirements of 46CFR 56.50–50(h) for isolation betweenoil and bilge systems.

(c) No person may operate a ship un-less it is equipped with a pipeline todischarge oily mixtures to a receptionfacility.

(d) This section does not apply to abarge that is not equipped with an in-stalled bilge pumping system for dis-charge into the sea.

(e) This section does not apply to afixed or floating drilling rig or otherplatform.

[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, asamended by USCG–1998–3799, 63 FR 35531,June 30, 1998]

§ 155.370 Bilge slops/fuel oil tank bal-last water discharges on ocean-going ships of 10,000 gross tons andabove and oceangoing ships of 400gross tons and above that carry bal-last water in their fuel oil tanks.

(a) No person may operate an ocean-going ship of 10,000 gross tons andabove or any oceangoing ship of 400gross tons and above that carries bal-last water in its fuel oil tanks unless ithas either:

(1) Approved 100 ppm oily-water sepa-rating equipment for the processing ofoily bilge slops or oily fuel oil tankballast and an approved bilge monitor;or

(2) Approved 15 ppm oily-water sepa-rating equipment for the processing ofoily bilge slops or oily fuel oil tankballast and an approved bilge alarm.

(b) No person may operate a shipunder this section unless it is fittedwith a tank or tanks of adequate ca-pacity to receive the oily residues(sludges) that cannot be dealt with oth-erwise.

(1) In new ships such tanks shall bedesigned and constructed to facilitatecleaning and the discharge of the oilyresidues to reception facilities. Exist-ing ships shall comply with this re-quirement as far as reasonable andpracticable.

(2) Tanks used for oily wastes onships certificated under 46 CFR Chap-ter I shall meet the requirements of 46


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CFR 56.50–50(h) for isolation betweenoil and bilge systems.

(c) No person may operate a shipunder this section unless it is equippedwith a pipeline to discharge oily mix-tures to a reception facility.

(d) The master or other person hav-ing charge of a ship equipped in accord-ance with paragraph (a)(1) of this sec-tion shall ensure that the bilge mon-itor continuous record is maintainedon board for not less than three years.

(e) This section does not apply to abarge that is not equipped with an in-stalled bilge pumping system for dis-charge into the sea.

(f) This section does not apply to afixed or floating drilling rig or otherplatform.

(Approved by the Office of Management andBudget under control number 2115–0025)

[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, asamended by USCG–1998–3799, 63 FR 35531,June 30, 1998]

§ 155.380 Oily-water separating equip-ment, bilge alarm, and bilge mon-itor approval standards.

(a) On U.S. inspected ships, oily-water separating equipment, bilgealarms, and bilge monitors must be ap-proved under 46 CFR 162.050.

(b) On U.S. uninspected ships and for-eign ships, oily-water separating equip-ment, bilge alarms, and bilge monitorsmust be approved under 46 CFR 162.050or be listed in the current Inter-national Maritime Organization (IMO)Marine Environment Protection Com-mittee (MEPC) Circular summary ofMARPOL 73/78 approved equipment.

(c) A ship that is required to have 100parts per million (ppm) oily-water sep-arating equipment may have 15 partsper million (ppm) oily-water separatingequipment installed in its place.

(d) A ship that is required to have abilge alarm may have a bilge monitorinstalled in its place.

§ 155.400 Platform machinery spacedrainage on oceangoing fixed andfloating drilling rigs and other plat-forms.

(a) No person may operate an ocean-going fixed or floating drilling rig orother platform unless it either—

(1) Complies with the oily-water sep-arating equipment requirements of a

valid National Pollutant DischargeElimination System (NPDES) permitissued in accordance with section 402 ofthe Clean Water Act and 40 CFR Chap-ter I;

(2) Complies with the oily-water sep-arating equipment requirements foroceangoing ships of 400 gross tons andabove as set forth in either § 155.360 or§ 155.370; or

(3) Is not equipped with an installedbilge pumping system for discharge ofoily mixtures from platform machineryspaces into the sea and has the capac-ity to retain on board all of these oilymixtures and is equipped to dischargethese mixtures for transport to a recep-tion facility.

(b) When an oceangoing fixed orfloating drilling rig or other platformis in a special area, is not proceedingen route, or is within 12 nautical milesof the nearest land; it must either—

(1) Have the capacity to retain onboard all machinery space oily mix-tures from platform machinery spacedrainage and be equipped to dischargethese mixtures for transport to a recep-tion facility; or

(2) Discharge in accordance with§ 151.10 (b)(3), (b)(4), and (b)(5) of thischapter, provided the drilling rig orplatform is not within a special area.

(c) Paragraph (b) of this section doesnot apply to a fixed or floating drillingrig or other platform that is operatingunder an NPDES permit.

[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, asamended by CGD 88–002, 54 FR 18407, Apr. 28,1989; CGD 94–056, 60 FR 43378, Aug. 21, 1995;USCG–1998–3799, 63 FR 35531, June 30, 1998]

§ 155.410 Pumping, piping and dis-charge requirements for non-ocean-going ships of 100 gross tons andabove.

(a) No person may operate a non-oceangoing ship of 100 gross tons andabove that is fitted with main or auxil-iary machinery spaces in the navigablewaters of the United States unless:

(1) The ship has at least one pump in-stalled to discharge oily mixturesthrough a fixed piping system to a re-ception facility;

(2) The piping system required bythis section has at least one outletthat is accessible from the weatherdeck;


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33 CFR Ch. I (7–1–98 Edition)§ 155.420

(3) Each outlet required by this sec-tion has a shore connection that meetsthe specifications in § 155.430 or theship has at least one portable adapterthat meets the specifications in§ 155.430 and fits the required outlets;and

(4) The ship has a stop valve for eachoutlet required by this section.

(b) Paragraph (a) of this section doesnot apply to a ship that has approvedoily-water separating equipment forthe processing of oily bilge slops oroily fuel oil tank ballast.


§ 155.420 Pumping, piping and dis-charge requirements for ocean-going ships of 100 gross tons andabove but less than 400 gross tons.

(a) No person may operate an ocean-going ship of 100 gross tons and abovebut less than 400 gross tons that isfitted with main or auxiliary machin-ery spaces unless:

(1) The ship has at least one pump in-stalled to discharge oily mixturesthrough a fixed piping system to a re-ception facility;

(2) The piping system required bythis section has at least one outlet ac-cessible from the weather deck;

(3) The outlet required by this sec-tion has a shore connection that meetsthe specifications in § 155.430, or theship has at least one adapter thatmeets the specifications in § 155.430 andfits the required outlets;

(4) The ship has a means on theweather deck near the discharge outletto stop each pump that is used to dis-charge oily wastes; and

(5) The ship has a stop valve installedfor each outlet required by this sec-tion.

(b) Paragraph (a) of this section doesnot apply to a ship that has approvedoily-water separating equipment forthe processing of oily bilge slops oroily fuel oil tank ballast.


§ 155.430 Standard discharge connec-tions for oceangoing ships of 400gross tons and above.

(a) An oceangoing ship of 400 grosstons and above must be fitted with astandard discharge shore connection,for the discharge to reception facili-ties, of oily wastes from machineryspace bilges or fuel oil tank ballastwater. The discharge connection mustbe of the following dimensions:

(1) Outside diameter=215 millimeters(mm).

(2) Inner diameter=according to pipeoutside diameter.

(3) Bolt circle diameter=183 mm.(4) Slots in flange=6 holes 22 mm in

diameter equidistantly placed on a boltcircle of the above diameter, slotted tothe flange periphery. The slot width tobe 22 mm.

(5) Flange thickness=20 mm.(6) Bolts and nuts, quantity and num-

ber=6 each of 20 mm in diameter and ofsuitable length.

(b) A portable adapter that meets thespecifications of paragraph (a) of thissection and that fits the dischargeshore connection, for the discharge ofoily wastes from machinery spacebilges may be substituted for thestandard discharge connection require-ment of paragraph (a) of this section.

(c) The flange must be designed to ac-cept pipes up to a maximum internaldiameter of 125 mm and shall be ofsteel or other equivalent material hav-ing a flat face. This flange, togetherwith a gasket of oilproof material,must be suitable for a service pressureof 6 kilograms/square centimeters (kg/cm2).

§ 155.440 Segregation of fuel oil andwater ballast on new oceangoingships of 4,000 gross tons and aboveother than oil tankers, and on newoceangoing oil tankers of 150 grosstons and above.

(a) Except as provided for in para-graph (b) of this section, in new ocean-going ships of 4,000 gross tons andabove other than oil tankers, and innew oceangoing oil tankers of 150 grosstons and above, ballast water must notbe carried in any fuel oil tank.

(b) Where abnormal conditions or theneed to carry large quantities of fuel


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oil render it necessary to carry ballastwater that is not a clean ballast in anyfuel oil tank, that ballast water mustbe discharged to reception facilities orinto the sea in compliance with Part151 of this chapter using the equipmentspecified in § 155.370, and an entry shallbe made in the Oil Record Book to thiseffect.


§ 155.450 Placard.(a) A ship, except a ship of less than

26 feet in length, must have a placardof at least 5 by 8 inches, made of dura-ble material fixed in a conspicuousplace in each machinery space, or atthe bilge and ballast pump control sta-tion, stating the following:

DISCHARGE OF OIL PROHIBITED

The Federal Water Pollution Control Actprohibits the discharge of oil or oily wasteinto or upon the navigable waters of theUnited States, or the waters of the contig-uous zone, or which may affect natural re-sources belonging to, appertaining to, orunder the exclusive management authorityof the United States, if such discharge causesa film or discoloration of the surface of thewater or causes a sludge or emulsion beneaththe surface of the water. Violators are sub-ject to substantial civil penalties and/orcriminal sanctions including fines and im-prisonment.

(b) Existing stocks of placards maybe used for the life of the placard.

(c) The placard required by paragraph(a) or (b) of this section must be print-ed in the language or languages under-stood by the crew.

[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, asamended by CGD 93–054, 58 FR 62262, Nov. 26,1993]

§ 155.470 Prohibited spaces.(a) In a ship of 400 gross tons and

above, for which the building contractis placed after January 1, 1982 or, in theabsence of a building contract, the keelof which is laid or which is at a similarstage of construction after July 1, 1982,oil or hazardous material must not becarried in a forepeak tank or a tankforward of the collision bulkhead.

(b) A self-propelled ship of 300 grosstons and above, to which paragraph (a)of this section does not apply, may not

carry bulk oil or hazardous material inany space forward of a collision bulk-head except:

(1) For a ship constructed after June30, 1974, fuel oil for use on the ship maybe carried in tanks forward of a colli-sion bulkhead, if such tanks are atleast 24 inches inboard of the hullstructure; or

(2) For a ship constructed before July1, 1974, fuel oil for use on the ship maybe carried in tanks forward of a colli-sion bulkhead, if such tanks were des-ignated, installed, or constructed forfuel oil carriage before July 1, 1974.

[CGD 75–124a, 48 FR 45715, Oct. 6, 1983, asamended by CGD 86–034, 55 FR 36254, Sept. 4,1990]

§ 155.480 Overfill devices.

(a) For the purposes of this section,‘‘oil’’ has the same definition as pro-vided in § 151.05 of this chapter.

(b) Each tank vessel with a cargo ca-pacity of 1,000 or more cubic meters(approximately 6,290 barrels), loadingoil or oil residue as cargo, must haveone overfill device that is permanentlyinstalled on each cargo tank and meetsthe requirements of this section.

(1) On a tankship, each cargo tankmust be equipped with an overfill de-vice (including an independent audiblealarm or visible indicator for thattank) that meets the requirements fortank overfill alarms under 46 CFR39.20–7(b)(2) and (3), and (d)(1) through(d)(4).

(2) On a tank barge, each cargo tankmust be equipped with an overfill de-vice that—

(i) Meets the requirements of 46 CFR39.20–7(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 shut-down system that meets the require-ments of 46 CFR 39.20–9(b); or

(iii) Is an installed high level indicat-ing device that meets the requirementsof 46 CFR 39.20–3(b)(1), (b)(2), and (b)(3).

(c) Each cargo tank of a U.S. flagtank vessel must have installed on itan overfill device meeting the require-ments of this section at the next sched-uled cargo tank internal examinationperformed on the vessel under 46 CFR31.10–21.


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33 CFR Ch. I (7–1–98 Edition)§ 155.700

(d) Each cargo tank of a foreign flagtank vessel must have installed on itan overfill device—

(1) At the first survey that includesdry docking, as required by the vessel’sflag administration, to meet the Inter-national Convention for the Safety ofLife at Sea (SOLAS), 1974, as amended,or the International Load Line Conven-tion of 1966; or

(2) At the first cargo tank internalexamination performed on the tankvessel under 46 CFR 31.10–21.

(e) This section does not apply to atank vessel that does not meet the dou-ble hull requirements of § 157.10d of thischapter and, under 46 U.S.C. 3703a(c),may not operate in the navigable wa-ters or Exclusive Economic Zone of theUnited States after January 1, 2000.

(f) This section does not apply totank vessels that carry asphalt, animalfat, or vegetable oil as their onlycargo.

[CGD 90–071a, 59 FR 53290, Oct. 21, 1994, asamended by CGD 90–071a, 62 FR 48773, Sept.17, 1997]

Subpart C—Transfer Personnel,Procedures, Equipment, andRecords

§ 155.700 Designation of person incharge.

Each operator or agent of a vesselwith a capacity of 250 or more barrelsof fuel oil, cargo oil, hazardous mate-rial, or liquefied gas as regulated inTable 4 of 46 CFR part 154, or each per-son who arranges for and hires a personto be in charge of a transfer of fuel oil,of a transfer of liquid cargo in bulk, orof cargo-tank cleaning, shall designate,either by name or by position in thecrew, the person in charge (PIC) ofeach transfer to or from the vessel andof each tank-cleaning.

[CGD 79–116, 62 FR 25126, May 8, 1997]

§ 155.710 Qualifications of person incharge.

(a) On each tankship required to bedocumented under the laws of theUnited States, the operator or agent ofthe vessel, or the person who arrangesand hires a person to be in charge ei-ther of a transfer of liquid cargo inbulk or of cargo-tank cleaning, shall

verify to his or her satisfaction thateach person designated as a PIC—

(1) Has sufficient training and experi-ence with the relevant characteristicsof the vessel on which he or she is en-gaged—including the cargo for trans-fer, the cargo-containment system, thecargo system (including transfer proce-dures, and shipboard-emergency equip-ment and procedures), the control andmonitoring systems, the procedures forreporting pollution incidents, and, ifinstalled, the Crude-Oil Washing(COW), inert-gas, and vapor-controlsystems—to safely conduct a transferof fuel oil, a transfer of liquid cargo inbulk, or cargo-tank cleaning;

(2) Except as provided in paragraph(g) of this section, holds a licenseissued under 46 CFR part 10 authorizingservice aboard a vessel certified forvoyages beyond any Boundary Line de-scribed in 46 CFR part 7, except ontankships or self-propelled tank vesselsnot certified for voyages beyond theBoundary Line; and

(3) Except as provided in paragraph(g) of this section and 46 CFR 13.113 (a)or (c), holds a Tankerman-PIC endorse-ment issued under 46 CFR part 13 thatauthorizes the holder to supervise thetransfer of fuel oil, the transfer of liq-uid cargo in bulk, or cargo-tank clean-ing, as appropriate to the product.

(b) On each tank barge required to beinspected under 46 U.S.C. 3703, the op-erator or agent of the vessel, or theperson who arranges and hires a personto be in charge of a transfer of fuel oil,of a transfer of liquid cargo in bulk, orof cargo-tank cleaning, shall verify tohis or her satisfaction that each PIC—

(1) Has sufficient training and experi-ence with the relevant characteristicsof the vessel on which he or she is en-gaged—including the cargo for trans-fer, the cargo-containment system, thecargo system (including transfer proce-dures, and shipboard-emergency equip-ment and procedures), the control andmonitoring systems, the procedures forreporting pollution incidents, and, ifinstalled, the COW, inert-gas, andvapor-control systems—to safely con-duct either a transfer of liquid cargo inbulk or cargo-tank cleaning; and

(2) Except as provided in paragraph(g) of this section and 46 CFR part13.113 (a) or (c), holds a Tankerman-PIC


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or Tankerman-PIC (Barge) endorse-ment issued under 46 CFR part 13 thatauthorizes the holder to supervise thetransfer of fuel oil, the transfer of liq-uid cargo in bulk, or cargo-tank clean-ing, as appropriate to the product andvessel.

(c) On each foreign tankship, the op-erator or agent of the vessel shall ver-ify to his or her satisfaction that eachPIC either of a transfer of liquid cargoin bulk or of cargo-tank cleaning—

(1) Has sufficient training and experi-ence with the relevant characteristicsof the vessel on which he or she is en-gaged, including the cargo for transfer,the cargo-containment system, thecargo system (including transfer proce-dures, and shipboard-emergency equip-ment and procedures), the control andmonitoring systems, the procedures forreporting pollution incidents, and, ifinstalled, the systems for crude-oilwashing, inert gas, and vapor control,to safely conduct either a transfer ofliquid cargo in bulk or cargo-tankcleaning;

(2) Except as provided in paragraph(g) of this section, holds a license orother document issued by the flag stateor its authorized agent authorizingservice as master, mate, pilot, engi-neer, or operator on that vessel;

(3) Except as provided in paragraph(g) of this section, holds a Dangerous-Cargo Endorsement or Certificateissued by a flag state party to theInternational Convention on Standardsof Training, Certification andWatchkeeping for Seafarers, 1978(STCW), or other form of evidence ac-ceptable to the Coast Guard, attestingthe PIC’s meeting the requirements ofChapter V of STCW as a PIC of thetransfer of fuel oil, of the transfer ofliquid cargo in bulk, or of cargo-tankcleaning;

(4) Is capable of reading, speaking,and understanding in English, or a lan-guage mutually-agreed-upon with theshoreside PIC of the transfer, all in-structions needed to commence, con-duct, and complete a transfer of fueloil, a transfer of liquid cargo in bulk,or cargo-tank cleaning, except that theuse of an interpreter meets this re-quirement if the interpreter—

(i) Fluently speaks the language spo-ken by each PIC;

(ii) Is immediately available to thePIC on the tankship at all times duringthe transfer or cargo-tank cleaning;and

(iii) Is knowledgeable about, and con-versant with terminology of, ships,transfers, and cargo-tank cleaning; and

(5) Is capable of effectively commu-nicating with all crewmembers in-volved in the transfer or cargo-tankcleaning, with or without an inter-preter.

(d) On each foreign tank barge, theoperator or agent of the vessel shallverify to his or her satisfaction thateach PIC either of the transfer of liquidcargo in bulk or of cargo-tank clean-ing—

(1) Has sufficient training and experi-ence with the relevant characteristicsof the vessel on which he or she is en-gaged—including the cargo for trans-fer, the cargo-containment system, thecargo system (including transfer proce-dures, and shipboard-emergency equip-ment and procedures), the control andmonitoring systems, the procedures forreporting pollution incidents, and, ifinstalled, the COW, inert-gas, andvapor-control systems—to safely con-duct a transfer of fuel oil, a transfer ofliquid cargo in bulk, or cargo-tankcleaning;

(2) Except as provided in paragraph(g) of this section, holds a Dangerous-Cargo Endorsement or Certificateissued by a flag state party to STCW,or other form of evidence acceptable tothe Coast Guard, attesting the PIC’smeeting the requirements of Chapter Vof STCW as a PIC of the transfer of fueloil, of the transfer of liquid cargo inbulk, or of cargo-tank cleaning;

(3) Is capable of reading, speaking,and understanding in English, or a lan-guage mutually-agreed-upon with theshoreside PIC of the transfer, all in-structions needed to commence, con-duct, and complete a transfer of fueloil, a transfer of liquid cargo in bulk,or cargo-tank cleaning, except that theuse of an interpreter meets this re-quirement if the interpreter—

(i) Fluently speaks the language spo-ken by each PIC;

(ii) Is immediately available to thePIC on the tankship at all times duringthe transfer or cargo-tank cleaning;and


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33 CFR Ch. I (7–1–98 Edition)§ 155.715

(iii) Is knowledgeable about, and con-versant with terminology of, ships,transfers, and cargo-tank cleaning; and

(4) Is capable of effectively commu-nicating with all crewmembers in-volved in the transfer or cargo-tankcleaning, with or without an inter-preter.

(e) The operator or agent of each ves-sel to which this section applies shallverify to his or her satisfaction thatthe PIC of any transfer of fuel oil re-quiring a Declaration of Inspection—

(1) On each inspected vessel requiredby 46 CFR chapter I to have a licensedperson aboard, holds a valid licenseissued under 46 CFR part 10 authorizingservice as a master, mate, pilot, engi-neer, or operator aboard that vessel, orholds a valid merchant mariner’s docu-ment endorsed as Tankerman-PIC;

(2) On each uninspected vessel, eithercomplies with the requirements ofparagraph (e)(1) of this section or car-ries a letter satisfying the require-ments of § 155.715 and designating himor her as a PIC, unless equivalent evi-dence is immediately available aboardthe vessel or at his or her place of em-ployment.

(3) On each tank barge, for its ownengine-driven pumps, either complieswith paragraph (e)(1) or (2) of this sec-tion or has been instructed by the oper-ator or agent of the vessel both in hisor her duties and in the Federal stat-utes and regulations on water pollutionthat apply to the vessel; or

(4) On each foreign vessel, holds a li-cense or certificate issued by a flagstate party to STCW, or other form ofevidence acceptable to the CoastGuard, attesting the qualifications ofthe PIC to act as master, mate, pilot,operator, engineer, or tankermanaboard that vessel.

(f) Except as provided in paragraph(g) of this section, the operator oragent of each self-propelled tank vesselcarrying oil or hazardous material inbulk shall verify to his or her satisfac-tion that the PIC of the transfer of oilor hazardous material in bulk to orfrom a vessel, or of cargo-tank clean-ing, holds a Tankerman-PIC endorse-ment on his or her MMD and either alicense or a Certificate issued by a flagstate party to STCW authorizing serv-

ice as a master, mate, pilot, engineer,or operator aboard that vessel.

(g) The PIC of a cargo-tank cleaningon a vessel at a tank-cleaning facilityor shipyard need not hold any of the li-censes, documents, certificates, or en-dorsements required in paragraphs (a)through (f) of this section, if he or sheis a National Fire Protection Associa-tion Certificated Marine Chemist.

[CGD 79–116, 60 FR 17141, Apr. 4, 1995, asamended by CGD 79–116, 61 FR 25126, May 8,1997; CGD 79–116, 63 FR 35826, July 1, 1998]

§ 155.715 Contents of letter of designa-tion as a person-in-charge of thetransfer of fuel oil.

The letter of instruction required in§ 155.710(e)(2) must designate the holderas a person-in-charge of the transfer offuel oil and state that the holder hasreceived sufficient formal instructionfrom the operator or agent of the ves-sel to ensure his or her ability to safelyand adequately carry out the dutiesand responsibilities of the PIC de-scribed in 33 CFR 156.120 and 156.150.

[CGD 79–116, 63 FR 35826, July 1, 1998]

§ 155.720 Transfer procedures.

The operator of a vessel with a capac-ity of 250 or more barrels of oil, hazard-ous material, or liquefied gas as regu-lated in Table 4 of 46 CFR part 154 shallprovide transfer procedures that meetthe requirements of this part and part156 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, asamended by CGD 79–116, 62 FR 25127, May 8,1997]

§ 155.730 Compliance with transferprocedures.

The vessel operator of each vessel re-quired by § 155.720 to have transfer pro-cedures shall maintain them currentand shall require vessel personnel touse the transfer procedures for eachtransfer operation.

[CGD 75–124, 45 FR 7175, Jan. 31, 1980, asamended by CGD 86–034, 55 FR 36254, Sept. 4,1990]


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§ 155.740 Availability of transfer proce-dures.

The transfer procedures required by§ 155.720 must be:

(a) Available for inspection by theCOTP or OCMI whenever the vessel isin operation;

(b) Legibly printed in a language orlanguages understood by personnel en-gaged in transfer operations; and

(c) Permanently posted or availableat a place where the procedures can beeasily seen and used by members of thecrew when engaged in transfer oper-ations.


§ 155.750 Contents of transfer proce-dures.

(a) The transfer procedures requiredby § 155.720 must contain, either in theorder listed or by use of a cross-ref-erence index page:

(1) A list of each product transferredto or from the vessel, including the fol-lowing information:

(i) Generic or chemical name;(ii) Cargo information as described in

§ 154.310(a)(5)(ii) of this chapter; and(iii) Applicability of transfer proce-

dures;(2) A description of each transfer sys-

tem on the vessel including:(i) A line diagram of the vessel’s

transfer piping, including the locationof each valve, pump, control device,vent, and overflow;

(ii) The location of the shutoff valveor other isolation device that separatesany bilge or ballast system from thetransfer system; and

(iii) A description of and proceduresfor emptying the discharge contain-ment system required by §§ 155.310 and155.320;

(3) The number of persons required tobe on duty during transfer operations;

(4) The duties by title of each officer,person in charge, tankerman, deck-hand, and any other person required foreach transfer operation;

(5) Procedures and duty assignmentsfor tending the vessel’s moorings dur-ing the transfer of oil or hazardous ma-terial;

(6) Procedures for operating theemergency shutdown and communica-

tions means required by §§ 155.780 and155.785, respectively;

(7) Procedures for topping off tanks;(8) Procedures for ensuring that all

valves used during the transfer oper-ations are closed upon completion oftransfer;

(9) Procedures for reporting dis-charges of oil or hazardous materialinto the water; and

(10) Procedures for closing and open-ing the vessel openings in § 155.815.

(11) Statements explaining that eachhazardous materials transfer hose ismarked with either the name of eachproduct which may be transferredthrough the hose or with letters, num-bers or other symbols representing allsuch products and the location in thetransfer procedures where a chart orlist of the symbols used and a list ofthe compatible products which may betransferred through the hose can befound for consultation before eachtransfer.

(b) Exemptions or alternatives grant-ed must be placed in the front of thetransfer procedures.

(c) The vessel operator shall incor-porate each amendment to the transferprocedures under § 155.760 in the proce-dures with the related existing require-ment, or at the end of the procedures ifnot related to an existing requirement.

(d) If a vessel is fitted with a vaporcontrol system, the transfer proceduresmust contain a description of the vaporcollection system on the vessel whichincludes:

(1) A line diagram of the vessel’svapor collection system piping, includ-ing the location of each valve, controldevice, pressure–vacuum relief valve,pressure indicator, flame arresters, anddetonation arresters, if fitted;

(2) The location of spill valves andrupture disks, if fitted;

(3) The maximum allowable transferrate determined in accordance with 46CFR 39.30–1(d) (1) through (d)(3);

(4) The initial transfer rate for eachtank that complies with 46 CFR 39.30–1(h);

(5) A table or graph of transfer ratesand corresponding vapor collection sys-tem pressure drops calculated in ac-cordance with 46 CFR 39.30–1(b);


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(6) The relief settings of each spillvalve, rupture disk, and pressure-vacu-um relief valve; and

(7) A description of and proceduresfor operating the vapor collection sys-tem, including the:

(i) Pre-transfer equipment inspectionrequirements;

(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, thetransfer procedures must contain a de-scription of the overfill device, includ-ing:

(1) The tank overfill device systemand specific procedures for the personin charge to—

(i) Monitor the level of cargo in thetank; and

(ii) Shut down transfer operations intime to ensure that the cargo level ineach tank does not exceed the maxi-mum amount permitted by § 155.775(b).

(2) Pre-transfer overfill device equip-ment inspection and test requirements.


[CGD 75–124, 45 FR 7175, Jan. 31, 1980, asamended 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; CGD90–071a, 59 FR 53291, Oct. 21, 1994]

§ 155.760 Amendment of transfer pro-cedures.

(a) The COTP or OCMI may requirethe vessel operator of any vessel that isrequired to have transfer proceduresunder § 155.720 to amend those proce-dures if the COTP or OCMI finds thatthe transfer procedures do not meetthe requirements of this part.

(b) The COTP or OCMI shall notifythe vessel operator in writing of anyinadequacies in the oil transfer proce-dures. The vessel operator may submitwritten information, views, and argu-ments on and proposals for amendingthe procedures within 14 days from thedate of the COTP or OCMI notice. Afterconsidering all relevant material pre-sented, the COTP or OCMI shall notifythe vessel operator of any amendmentrequired or adopted, or the COTP or

OCMI may rescind the notice. Theamendment becomes effective 30 daysafter the vessel operator receives thenotice, unless the vessel operator peti-tions the Commandant to review theCOTP or OCMI notice, in which case itseffective date is delayed pending a de-cision by the Commandant. Petitionsto the Commandant must be submittedin writing via the COTP or OCMI whoissued the requirement to amend.

(c) If the COTP or OCMI finds thatthere is a condition requiring imme-diate action to prevent the dischargeor risk of discharge that makes theprocedure in paragraph (b) of this sec-tion impractical or contrary to thepublic interest, he or she may issue anamendment effective on the date thevessel operator receives notice of it. Insuch a case, the COTP or OCMI in-cludes a brief statement of the reasonsfor the findings in the notice, and thevessel operator may petition the Com-mandant, in any manner, to review theamendment. The petition does notpostpone the amendment.


§ 155.770 Draining into bilges.No person may intentionally drain

oil or hazardous material from anysource into the bilge of a vessel.

[CGD 86–034, 55 FR 36255, Sept. 4, 1990]

§ 155.775 Maximum cargo level of oil.(a) For the purposes of this section,

‘‘oil’’ has the same meaning as pro-vided in § 151.05 of this chapter.

(b) A cargo tank on a tank vesselmay not be filled with oil higher than—

(1) 98.5 percent of the cargo tank vol-ume; or

(2) The level at which the overfillalarm required by § 155.480 is set.

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

§ 155.780 Emergency shutdown.(a) A tank vessel with a capacity of

250 or more barrels that is carrying oilor hazardous material as cargo musthave on board an emergency means toenable the person in charge of a trans-fer operation to a facility, to anothervessel, or within the vessel to stop theflow of oil or hazardous material.


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(b) The means to stop the flow maybe a pump control, a quick-acting,power actuated valve, or an operatingprocedure. If an emergency pump con-trol is used, it must stop the flow of oilor hazardous material if the oil or haz-ardous material could siphon throughthe stopped pump.

(c) The means to stop the flow mustbe operable from the cargo deck, cargocontrol room, or the usual operatingstation of the person in charge of thetransfer operation.

[CGD 86–034, 55 FR 36255, Sept. 4, 1990]

§ 155.785 Communications.(a) During vessel to vessel transfers,

each tank vessel with a capacity of 250or more barrels of cargo that is carry-ing oil or hazardous material musthave a means that enables continuoustwo-way voice communication betweenthe persons in charge of the transferoperations on both vessels.

(b) Each vessel must have a means,which may be the communication sys-tem itself, that enables a person onboard each vessel to effectively indi-cate his desire to use the means ofcommunication required by paragraph(a) of this section.

(c) The means required by paragraph(a) of this section must be usable andeffective in all phases of the transferoperation and all conditions of weath-er.

(d) Portable radio devices used tocomply with paragraph (a) of this sec-tion during the transfer of flammableor combustible liquids must be intrin-sically safe, as defined in 46 CFR 110.15–100(i), and meet Class I, Division I,Group D requirements as defined in 46CFR 111.80.

[CGD 75–124, 45 FR 7175, Jan. 31, 1980; 45 FR43705, June 30, 1980, as amended by CGD 86–034, 55 FR 36255, Sept. 4, 1990]

§ 155.790 Deck lighting.(a) A self-propelled vessel with a ca-

pacity of 250 or more barrels of oil orhazardous material that is conductingtransfer operations between sunset andsunrise must have deck lighting thatadequately illuminates—

(1) Each transfer operations workarea and each transfer connectionpoint in use on the vessel; and

(2) Each transfer operations workarea and each transfer connectionpoint in use on each barge, if any,moored to the vessel to or from whichoil or hazardous material is beingtransferred;

(b) Where the illumination is appar-ently inadequate the OCMI or COTPmay require verification by instrumentof the levels of illumination. On a hori-zontal plane 3 feet above the deck theillumination must measure at least:

(1) 5.0 foot candles at transfer con-nection points; and

(2) 1.0 foot candle in transfer oper-ations work areas.

(c) Lighting must be located orshielded so as not to mislead or other-wise interfere with navigation on theadjacent waterways.


§ 155.800 Transfer hose.Hose used to transfer oil or hazard-

ous material must meet the require-ments of § 154.500 of this chapter.


§ 155.805 Closure devices.(a) Each end of each transfer hose on

board which is not connected for thetransfer of oil or hazardous materialmust be blanked off with butterflyvalves, wafer-type resilient seatedvalves, blank flanges, or other meansacceptable to the COTP or OCMI.

(b) New, unused hose is exempt fromthe requirement in paragraph (a) ofthis section.


§ 155.810 Tank vessel security.The vessel operator of each tank ves-

sel that contains more oil than thenormal clingage and unpumpable bilgeor sump residues in any cargo tankshall maintain surveillance of that ves-sel by using a person who is responsiblefor the security of the vessel and forkeeping unauthorized persons off thevessel.

[CGD 75–124, 45 FR 7175, Jan. 31, 1980]


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§ 155.815 Tank vessel integrity.(a) Except as provided in paragraph

(b) of this section, a tank vessel under-way or at anchor must have all closuremechanisms on the following openingsproperly 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 conditionof the tank vessel and prevent the in-advertent release of oil or hazardousmaterial in the event of a tank vesselaccident.

(b) No person may open any of theclosure mechanisms in paragraph (a) ofthis section while the tank vessel isunderway or at anchor except when au-thorized and supervised by a licensedofficer or the tankerman required by 46CFR 31.15–5(a).


§ 155.820 Records.The vessel operator shall keep a writ-

ten record available for inspection bythe COTP or OCMI of:

(a) The name of each person cur-rently designated as a person in chargeof transfer operations.

(b) The date and result of the mostrecent test and inspection of each itemtested or inspected as required by§ 156.170 of this chapter;

(c) The hose information required by§ 154.500(e) and (g) of this chapter unlessthat information is marked on thehose; and

(d) The Declaration of Inspection asrequired by § 156.150(f) of this chapter.


Subpart D—Response Plans

SOURCE: CGD 91–034, 61 FR 1081, Jan. 12,1996, unless otherwise noted.

§ 155.1010 Purpose.The purpose of this subpart is to es-

tablish requirements for oil spill re-sponse plans for certain vessels. Theplanning criteria in this subpart are in-

tended for use in response plan develop-ment and the identification of re-sources necessary to respond to the oilspill scenarios prescribed during theplanning process. The development of aresponse plan prepares the vessel owneror operator and the vessel’s crew to re-spond to an oil spill. The specific cri-teria for response resources and theirarrival times are not performancestandards. They are planning criteriabased on a set of assumptions that maynot exist during an actual oil spill inci-dent.

§ 155.1015 Applicability.

(a) Except as provided in paragraph(c) of this section, this subpart appliesto each vessel that is constructed oradapted to carry, or that carries, oil inbulk as cargo or cargo residue, andthat—

(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 theUnited States.

(b) This subpart also applies to ves-sels which engage in oil lightering op-erations in the marine environment be-yond the baseline from which the terri-torial sea is measured, when the cargolightered is destined for a port or placesubject to the jurisdiction of theUnited States.

(c) This subpart does not apply to thefollowing types of vessels:

(1) Public vessels and vessels deemedpublic vessels under 14 U.S.C. 827.

(2) Vessels that, although con-structed or adapted to carry oil in bulkas cargo or cargo residue, are not stor-ing or carrying oil in bulk as cargo orcargo residue.

(3) Dedicated response vessels whenconducting response operations.

(4) Vessels of opportunity when con-ducting response operations in a re-sponse area.

(5) Offshore supply vessels as definedin 46 U.S.C. 2101.

(6) Fishing or fishing tender vesselsas defined in 46 U.S.C. 2101 of not morethan 750 gross tons when engaged onlyin the fishing industry.

(7) Foreign flag vessels engaged in in-nocent passage.


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(d) Vessels covered by this subpartthat are not operating within the navi-gable waters or the exclusive economiczone of the United States must meetall requirements of this subpart exceptfor—

(1) Identifying and ensuring, throughcontract or other approved means, theavailability of response resources in-cluding the shore-based spill manage-ment team;

(2) Providing the geographic-specificappendices required in § 155.1035,155.1040, or 155.1045, as appropriate; and

(3) Identifying and designating aqualified individual and alternatequalified individual required in§ 155.1026.


Except as otherwise defined in thissection, the definitions in § 155.110apply to this subpart and subparts Fand G of this part. For the purposes ofthis subpart only, the term:

Adverse weather means the weatherconditions that will be considered whenidentifying response systems andequipment in a response plan for theapplicable operating environment. Fac-tors to consider include, but are notlimited to, significant wave height, ice,temperature, weather-related visi-bility, and currents within the Captainof the Port (COTP) zone in which thesystems or equipment are intended tofunction.

Animal fat means a non-petroleumoil, fat, or grease derived from animalsand not specifically identified else-where in this part.

Average most probable discharge meansa discharge of the lesser of 50 barrels ofoil or 1 percent of the cargo from thevessel during cargo oil transfer oper-ations to or from the vessel.

Bulk means any volume of oil carriedin an integral tank of the vessel and oiltransferred to or from a marine port-able tank or independent tank while onboard a vessel.

Captain of the Port (COTP) Zonemeans a zone specified in 33 CFR part3 and, for coastal ports, the seaward ex-tension of that zone to the outerboundary of the exclusive economiczone (EEZ).

Cargo means oil that is transportedto and off-loaded at a destination by avessel. It does not include—

(1) Oil carried in integral tanks, ma-rine portable tanks, or independenttanks for use by machinery, heli-copters, and boats carried aboard thevessel, or for use by helicopters thatare directly supporting the vessel’s pri-mary operations; or

(2) Oil transferred from a towing ves-sel to a vessel in its tow to operate in-stalled machinery other than the pro-pulsion plant.

Contract or other approved means in-cludes—

(1) A written contractual agreementbetween a vessel owner or operator andan oil spill removal organization. Theagreement must identify and ensurethe availability of specified personneland equipment required under this sub-part within stipulated response timesin the specified geographic areas;

(2) Certification by the vessel owneror operator that specified personneland equipment required under this sub-part are owned, operated, or under thedirect control of the vessel owner oroperator, and are available within stip-ulated response times in the specifiedgeographic areas;

(3) Active membership in a local orregional oil spill removal organizationthat has identified specified personneland equipment required under this sub-part that are available to respond to adischarge within stipulated responsetimes in the specified geographic areas;

(4) A document which—(i) Identifies the personnel, equip-

ment, and services capable of beingprovided by the oil spill removal orga-nization within stipulated responsetimes in the specified geographic areas;

(ii) Sets out the parties’ acknowledg-ment that the oil spill removal organi-zation intends to commit the resourcesin the event of a response;

(iii) Permits the Coast Guard to ver-ify the availability of the identified re-sponse resources through tests, inspec-tions, and exercises; and

(iv) Is referenced in the responseplan; or

(5) With the written consent of theoil spill removal organization, theidentification of an oil spill removalorganization with specified equipment


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and personnel which are availablewithin stipulated response times in thespecified geographic areas. This para-graph is an other approved means foronly—

(i) A vessel carrying oil as secondarycargo to meet the requirements under§ 155.1045(i)(3);

(ii) A barge operating on rivers andcanals to meet the requirements forlightering capability under§§ 155.1050(l), 155.1052(g), 155.1230(g), and155.2230(g);

(iii) A vessel to meet the salvage andfirefighting requirements in§§ 155.1050(k), 155.1052(f), 155.1230(f), and155.2230(f); and

(iv) A vessel to meet the resource re-quirements in § 155.1052(c), 155.1230(c),and 155.2230(c).

Dedicated response vessel means a ves-sel of which the service is limited ex-clusively to oil and hazardous sub-stance spill response-related activities,including spill recovery and transport,tanker escorting, deployment of spillresponse equipment, supplies, and per-sonnel, and spill response-related train-ing, testing, exercises, and research.

Exclusive economic zone means thezone contiguous to the territorial seaof United States extending to a dis-tance up to 200 nautical miles from thebaseline from which the breadth of theterritorial sea is measured.

Great Lakes means Lakes Superior,Michigan, Huron, Erie, and Ontario,their connecting and tributary waters,the Saint Lawrence River as far asSaint Regis, and adjacent port areas.

Higher volume port area means the fol-lowing areas, including any water areawithin 50 nautical miles seaward of theentrance(s) to the specified port:

(1) Boston, MA.(2) New York, NY.(3) Delaware Bay and River to Phila-

delphia, 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, oroffloading at the Louisiana OffshoreOil Port are not considered to be oper-ating in this higher volume port area.

(7) Lake Charles, LA.(8) Sabine-Neches River, TX.

(9) Galveston Bay and Houston ShipChannel, TX.

(10) Corpus Christi, TX.(11) Los Angeles/Long Beach Harbor,

CA.(12) San Francisco Bay, San Pablo

Bay, Carquinez Strait, and Suisun Bayto Antioch, CA.

(13) Strait of Juan De Fuca at PortAngeles, WA to and including PugetSound, WA.

(14) Prince William Sound, AK.Inland area means the area shoreward

of the boundary lines defined in 46 CFRpart 7, except that in the Gulf of Mex-ico, it means the area shoreward of thelines of demarcation (COLREG lines)as defined in §§ 80.740 through 80.850 ofthis chapter. The inland area does notinclude the Great Lakes.

Maximum extent practicable means theplanned capability to respond to aworst case discharge in adverse weath-er, as contained in a response plan thatmeets the criteria in this subpart or ina specific plan approved by the CoastGuard.

Maximum most probable dischargemeans a discharge of—

(1) 2,500 barrels of oil for vessels withan oil cargo capacity equal to or great-er than 25,000 barrels; or

(2) 10% of the vessel’s oil cargo capac-ity for vessels with a capacity of lessthan 25,000 barrels.

Nearshore area means the area ex-tending seaward 12 miles from theboundary lines defined in 46 CFR part7, except in the Gulf of Mexico. In theGulf of Mexico, a nearshore area is oneextending seaward 12 miles from theline of demarcation (COLREG lines) asdefined in §§ 80.740 through 80.850 of thischapter.

Non-persistent or Group I oil means apetroleum-based oil that, at the timeof shipment, consists of hydrocarbonfractions—

(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 anykind that is not petroleum-based. It in-cludes, but is not limited to, animalfats and vegetable oils.


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Ocean means the open ocean, offshorearea, and nearshore area as defined inthis subpart.

Offshore area means the area up to 38nautical miles seaward of the outerboundary of the nearshore area.

Oil field waste means non-pumpabledrilling fluids with possible traceamounts of metal and oil.

Oil spill removal organization means anentity that provides response re-sources.

On-scene coordinator or OSC meansthe Federal official predesignated bythe Coast Guard or Environmental Pro-tection Agency to coordinate and di-rect Federal removal efforts at thescene of an oil or hazardous substancedischarge as prescribed in the NationalOil and Hazardous Substances Pollu-tion Contingency Plan (National Con-tingency Plan) as published in 40 CFRpart 300.

Open ocean means the area from 38nautical miles seaward of the outerboundary of the nearshore area, to theseaward boundary of the exclusive eco-nomic zone.

Operating in compliance with the planmeans operating in compliance withthe provisions of this subpart, includ-ing ensuring the availability of the re-sponse resources by contract or otherapproved means and conducting thenecessary training and exercises.

Operator means person who is anowner, a demise charterer, or othercontractor, who conducts the operationof, or who is responsible for the oper-ation of a vessel. For the purposes ofthis subpart only, the operator of atowing vessel is not, per se, consideredthe operator of a vessel being towed.

Other non-petroleum oil means an oilof any kind that is not a petroleum oil,an animal fat, or a vegetable oil.

Owner or vessel owner means any per-son holding legal or equitable title to avessel; provided, however, that a per-son holding legal or equitable title to avessel solely as security is not theowner. In a case where a Certificate ofDocumentation has been issued, theowner is the person or persons whosename or names appear on the vessel’sCertificate of Documentation provided,however, that where a Certificate ofDocumentation has been issued in thename of a president or secretary of an

incorporated company, such incor-porated company is the owner.

Persistent oil means a petroleum-based oil that does not meet the dis-tillation criteria for a non-persistentoil. For the purposes of this subpart,persistent oils are further classifiedbased on specific gravity as follows:

(1) Group II—specific gravity of lessthan .85.

(2) Group III—specific gravity equalto or greater than .85 and less than .95.

(3) Group IV—specific gravity equalto or greater than .95 and less than orequal to 1.0.

(4) Group V—specific gravity greaterthan 1.0.

Petroleum oil means petroleum in anyform including crude oil, fuel oil, min-eral oil, sludge, oil refuse, and refinedproducts.

Qualified individual and alternatequalified individual means a shore-basedrepresentative of a vessel owner or op-erator who meets the requirements of33 CFR 155.1026.

Response activity means the contain-ment and removal of oil from the waterand shorelines, the temporary storageand disposal of recovered oil, or thetaking of other actions as necessary tominimize or mitigate damage to publichealth or welfare or the environment.

Response resources means the person-nel, equipment, supplies, and other ca-pability necessary to perform the re-sponse activities identified in a re-sponse plan.

Rivers and canals mean bodies ofwater confined within the inland area,including the Intracoastal Waterwaysand other waterways artificially cre-ated for navigation, that have a projectdepth of 12 feet or less.

Secondary Cargo (see Vessels CarryingOil as a Secondary Cargo)

Specific gravity means the ratio of themass of a given volume of liquid at 15degrees C (60 degrees F) to the mass ofan equal volume of pure water at thesame temperature.

Spill management team means the per-sonnel identified to staff the organiza-tional structure identified in a re-sponse plan to manage response planimplementation.

Substantial threat of such a dischargemeans any incident involving a vesselthat may create a significant risk of


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discharge of cargo oil. Such incidentsinclude, but are not limited to,groundings, strandings, collisions, hulldamage, fire, explosion, loss of propul-sion, flooding, on-deck spills, or othersimilar occurrences.

Tanker means a self-propelled tankvessel constructed or adapted pri-marily to carry oil or hazardous mate-rial in bulk in the cargo spaces.

Tier means the combination of re-quired response resources and thetimes within which the resources mustarrive on scene. Appendix B of thispart, especially Tables 5 and 6, providespecific guidance on calculating the re-sponse resources required by each tier.Sections 155.1050(g), 155.1135, 155.1230(d),and 155.2230(d) set forth the requiredtimes within which the response re-sources must arrive on scene. Tiers areapplied in three categories:

(1) Higher volume port areas;(2) The Great Lakes; and(3) All other operating environments,

including rivers and canals, inland,nearshore, and offshore areas.

Vegetable oil means a non-petroleumoil or fat not specifically identifiedelsewhere in this part that is derivedfrom plant seeds, nuts, kernels orfruits.

Vessel of opportunity means a vesselengaged in spill response activitiesthat is normally and substantially in-volved in activities other than spill re-sponse and not a vessel carrying oil asa primary cargo.

Vessels carrying oil as a primary cargomeans all vessels except dedicated re-sponse vessels carrying oil in bulk ascargo or cargo residue that have a Cer-tificate of Inspection issued under 46CFR Chapter I, subchapter D.

Vessels carrying oil as a secondarycargo means vessels, other than vesselscarrying oil as a primary cargo, carry-ing oil in bulk as cargo or cargo resi-due pursuant to a permit issued under46 CFR 30.01–5, 70.05–30, or 90.05–35, anInternational Oil Pollution Prevention(IOPP) or Noxious Liquid Substance(NLS) certificate required by 33 CFR§§ 151.33 or 151.35; or any uninspectedvessel that carries oil in bulk as cargoor cargo residue.

Worst case discharge means a dis-charge in adverse weather conditions ofa vessel’s entire oil cargo.

§ 155.1025 Operating restrictions andinterim operating authorization.

(a) Vessels subject to this subpartmay not perform the following func-tions, unless operating in compliancewith a plan approved under § 155.1065:

(1) Handling, storing, or transportingoil on the navigable waters of theUnited States; or

(2) Transferring oil in any other portor place subject to U.S. jurisdiction.

(b) Vessels subject to this subpartmay not transfer oil in a port or placesubject to the jurisdiction of theUnited States, where the oil to betransferred was received from anothervessel subject to this subpart during alightering operation referred to in§ 155.1015(b), unless both vessels en-gaged in the lightering operation wereoperating at the time in compliancewith a plan approved under § 155.1065.

(c)(1) Notwithstanding the require-ments of paragraph (a) of this section,a vessel may continue to handle, store,transport, transfer, or lighter oil for 2years after the date of submission of aresponse plan pending approval of thatplan, if the vessel owner or operatorhas received written authorization forcontinued operations from the CoastGuard.

(2) To receive this authorization, thevessel owner or operator must certifyin writing to the Coast Guard that theowner or operator has identified andensured the availability of, throughcontract or other approved means, thenecessary private response resources torespond, to the maximum extent prac-ticable, to a worst case discharge orsubstantial threat of such a dischargefrom their vessel as described in§§ 155.1050, 155.1052, 155.1230, or 155.2230,as appropriate.

(d) With respect to paragraph (b) ofthis section, a vessel may not continueto handle, store, transport, transfer, orlighter oil if—

(1) The Coast Guard determines thatthe response resources identified in thevessel’s certification statement do notmeet the requirements of this subpart;

(2) The contracts or agreements citedin the vessel’s certification statementare no longer valid;

(3) The vessel is not operating incompliance with the submitted plan; or


377


(4) The period of this authorizationexpires.

(e) An owner or operator of a vesselmay be authorized by the applicableCOTP to have that vessel make onevoyage to transport or handle oil in ageographic specific area not covered bythe vessel’s response plan. All require-ments of this subpart must be met forany subsequent voyages to that geo-graphic specific area. To be authorized,the vessel owner or operator shall cer-tify to the COTP in writing, prior tothe vessel’s entry into the COTP zone,that—

(1) A response plan meeting the re-quirements of this subpart (except forthe applicable geographic specific ap-pendix) or a shipboard oil pollutionemergency plan approved by the flagstate that meets the requirements ofRegulation 26 of Annex I to the Inter-national Convention for the Preventionof Pollution from Ships, 1973 as modi-fied by the Protocol of 1978 relatingthereto, as amended (MARPOL 73/78)which is available from the NationalTechnical Information Service, 5285Port Royal Road, Springfield, VA 22161;

(2) The approved response plan or therequired plan section(s) is aboard thevessel;

(3) The vessel owner or operator hasidentified and informed the vessel mas-ter and the COTP of the designatedqualified individual prior to the ves-sel’s entry into the COTP zone; and

(4) The vessel owner or operator hasidentified and ensured the availabilityof, through contract or other approvedmeans, the private response resourcesnecessary to respond, to the maximumextent practicable under the criteria in§§ 155.1050, 155.1052, 155.1230, or 155.2230,as appropriate, to a worst case dis-charge or substantial threat of dis-charge from the vessel in the applica-ble COTP zone.

§ 155.1026 Qualified individual and al-ternate qualified individual.

(a) The response plan must identify aqualified individual and at least one al-ternate who meet the requirements ofthis section. The qualified individualor alternate qualified individual mustbe available on a 24-hour basis.

(b) The qualified individual and alter-nate must—

(1) Speak fluent English;(2) Except as set out in paragraph (c)

of this section, be located in the UnitedStates;

(3) Be familiar with the implementa-tion of the vessel response plan; and

(4) Be trained in the responsibilitiesof the qualified individual under the re-sponse plan.

(c) For Canadian flag vessels whileoperating on the Great Lakes or theStrait of Juan de Fuca and PugetSound, WA, the qualified individualmay be located in Canada if he or shemeets all other requirements in para-graph (b) of this section.

(d) The owner operator shall provideeach qualified individual and alternatequalified individual identified in theplan with a document designatingthem as a qualified individual andspecifying their full authority to—

(1) Activate and engage in contract-ing with oil spill removal organiza-tion(s) and other response related re-sources identified in the plan;

(2) Act as a liaison with thepredesignated Federal On-Scene Coor-dinator (OCS); and

(3) Obligate funds required to carryout response activities.

(e) The owner or operator of a vesselmay designate an organization to ful-fill the role of the qualified individualand alternate qualified individual. Theorganization must then identify aqualified individual and at least one al-ternate qualified individual who meetthe requirements of this section. Thevessel owner or operator is required tolist in the response plan the organiza-tion, the person identified as the quali-fied individual, and the person or per-sons identified as the alternate quali-fied individual(s).

(f) The qualified individual is not re-sponsible for—

(1) The adequacy of response plansprepared by the owner or operator; or

(2) Contracting or obligating fundsfor response resources beyond the fullauthority contained in their designa-tion from the owner or operator of thevessel.

(g) The liability of a qualified indi-vidual is considered to be in accord-ance with the provisions of 33 U.S.C.1321(c)(4).


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33 CFR Ch. I (7–1–98 Edition)§ 155.1030

§ 155.1030 General response plan re-quirements.

(a) The plan must cover all geo-graphic areas of the United States inwhich the vessel intends to handle,store, or transport oil, including portareas and offshore transit areas.

(b) The plan must be written inEnglish and, if applicable, in a lan-guage that is understood by the crewmembers with responsibilities underthe plan.

(c) A vessel response plan must be di-vided into the following sections:

(1) General information and introduc-tion.

(2) Notification procedures.(3) Shipboard spill mitigation proce-

dures.(4) Shore-based response activities.(5) List of contacts.(6) Training procedures.(7) Exercise procedures.(8) Plan review and update proce-

dures.(9) On board notification checklist

and emergency procedures (unmannedtank barges only).

(10) Geographic-specific appendix foreach COTP zone in which the vessel orvessels operate.

(11) An appendix for vessel-specificinformation for the vessel or vesselscovered by the plan.

(d) A vessel owner or operator withmultiple vessels may submit one planfor each class of vessel (i.e., mannedvessels carrying oil as primary cargo,unmanned vessels carrying oil as pri-mary cargo, and vessels carrying oil assecondary cargo) with a separate ves-sel-specific appendix for each vesselcovered by the plan and a separate geo-graphic-specific appendix for eachCOTP zone in which the vessel(s) willoperate.

(e) The required contents for eachsection of the plan are contained in§§ 155.1035, 155.1040, and 155.1045, as ap-plicable to the type or service of thevessel.

(f) The response plan for a barge car-rying nonhazardous oil field waste mayfollow the same format as that for avessel carrying oil as a secondary cargounder § 155.1045 in lieu of the plan re-quired under § 155.1035 or § 155.1040.

(g) A response plan must be dividedinto the sections described in para-

graph (c) of this section unless the planis supplemented with a cross-referencetable to identify the location of the in-formation required by this subpart.

(h) The information contained in aresponse plan must be consistent withthe—

(1) National Oil and Hazardous Sub-stances Pollution Contingency Plan(NCP) (40 CFR part 300) and the AreaContingency Plan(s) (ACP) in effect onthe date 6 months prior to the submis-sion date of the response plan; or

(2) More recent NCP and ACP(s).(i) Copies of the submitted and ap-

proved response plan must be availableas follows:

(1) The owner or operator of all ves-sels, except for unmanned tank barges,shall ensure that one English languagecopy of the plan sections listed in para-graph (c) (1), (2), (3), (5), (10) and (11) ofthis section and the Coast Guard ap-proval letter or notarized copy of theapproval letter are maintained aboardthe vessel. If applicable, additionalcopies of the required plan sectionsmust be in the language understood bycrew members with responsibilitiesunder the plan and maintained aboardthe vessel.

(2) The owner or operator of all un-manned tank barges shall ensure thatone English language copy of the plansection listed in paragraph (c)(9) of thissection and the Coast Guard approvalletter or notarized copy of the approvalletter are maintained aboard the barge.

(3) The vessel owner or operator shallmaintain a current copy of the entireplan, and ensure that each person iden-tified as a qualified individual and al-ternate qualified individual in the planhas a current copy of the entire plan.

(j) If an owner or operator of a UnitedStates flag vessel informs the CoastGuard in writing at the time of theplan submission according to the pro-cedures of § 155.1065, the owner or oper-ator may address the provisions of Reg-ulation 26 of MARPOL 73/78 if theowner or operator—

(1) Develops a vessel response planunder § 155.1030 and §§ 155.1035, 155.1040,or 155.1045, as applicable;

(2) Expands the plan to cover dis-charges of all oils defined underMARPOL, including fuel oil (bunker)


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carried on board. The owner or opera-tor is not required to include these ad-ditional oils in calculating the plan-ning volumes that are used to deter-mine the quantity of response re-sources that the owner or operatormust ensure through contract or otherapproved means;

(3) Provides the information on au-thorities or persons to be contacted inthe event of an oil pollution incident asrequired by Regulation 26 of MARPOL73/78. This information must include—

(i) An appendix containing coastalState contacts for those coastal Statesthe exclusive economic zone of whichthe vessel regularly transits. The ap-pendix should list those agencies or of-ficials of administrations responsiblefor receiving and processing pollutionincident reports; and

(ii) An appendix of port contacts forthose ports at which the vessel regu-larly calls; and

(4) Expands the plan to include theprocedures and point of contact on theship for coordinating shipboard activi-ties with national and local authoritiesin combating an oil spill incident. Theplan should address the need to contactthe coastal State to advise them of ac-tion(s) being implemented and deter-mine what authorization(s), if any, areneeded.

(5) Provides a cross reference sectionto identify the location of the informa-tion required by § 155.1030(j).

(k) A vessel carrying oil as a second-ary cargo may comply with the re-quirements of § 155.1045 by having a re-sponse plan approved under Regulation26 of MARPOL 73/78 with the additionof the following—

(1) Identification of the qualified in-dividual and alternate that meets therequirements of § 155.1026;

(2) A geographic specific appendixmeeting the requirements of§ 155.1045(i), including the identificationof a contracted oil spill removal orga-nization;

(3) Identification of a spill manage-ment team;

(4) An appendix containing the train-ing procedures required by 155.1045(f);and

(5) An appendix containing the exer-cise procedures required by 155.1045(g).

(l) For plans submitted prior to theeffective date of this final rule, theowner or operator of each vessel mayelect to comply with any or all of theprovisions of this final rule by amend-ing or revising the appropriate sectionof the previously submitted plan.

§ 155.1035 Response plan requirementsfor manned vessels carrying oil as aprimary cargo.

(a) General information and introduc-tion. This section of the response planmust include—

(1) The vessel’s name, country of reg-istry, call sign, official number, andInternational Maritime Organization(IMO) international number (if applica-ble). If the plan covers multiple ves-sels, this information must be providedfor each vessel;

(2) The name, address, and proceduresfor contacting the vessel’s owner or op-erator on a 24-hour basis;

(3) A list of the COTP zones in whichthe vessel intends to handle, store, ortransport oil;

(4) A table of contents or index of suf-ficient detail to permit personnel withresponsibilities under the response planto locate the specific sections of theplan; and

(5) A record of change(s) page torecord information on plan reviews, up-dates or revisions.

(b) Notification procedures. This sec-tion of the response plan must includethe following notification information:

(1) A checklist with all notifications,including telephone or other contactnumbers, in order of priority to bemade by shipboard or shore-based per-sonnel and the information required forthose notifications. Notifications mustinclude those required by—

(i) MARPOL 73/78 and 33 CFR part153; and

(ii) Any applicable State.(2) Identification of the person(s) to

be notified of a discharge or substan-tial threat of a discharge of oil. If thenotifications vary due to vessel loca-tion, the persons to be notified alsomust be identified in a geographic-spe-cific appendix. This section must sepa-rately identify—

(i) The individual(s) or organiza-tion(s) to be notified by shipboard per-sonnel; and


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(ii) The individual(s) or organiza-tion(s) to be notified by shore-basedpersonnel.

(3) The procedures for notifying thequalified individual(s) designated bythe vessel’s owner or operator.

(4) Descriptions of the primary and, ifavailable, secondary communicationsmethods by which the notificationswill be made that should be consistentwith the regulations in § 155.1035(b)(1).

(5) The information that is to be pro-vided in the initial and any follow upnotifications required by paragraph(b)(1) of this section.

(i) The initial notification may besubmitted in accordance with IMO Res-olution A648(16) ‘‘General Principles forShip Reporting Systems and Ship Re-porting Requirements’’ which is avail-able through COMDT G–MSO–4, U.S.Coast Guard Headquarters, 2100 SecondStreet SW., Washington, DC 20593–0001.It must include at least the followinginformation:

(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, defi-

ciencies, and damage (e.g. grounding,collision, hull failure, etc.);

(I) Details of pollution, including es-timate of oil discharged or threat ofdischarge;

(J) Weather and sea conditions onscene;

(K) Ship size and type;(L) Actions taken or planned by per-

sons on scene;(M) Current conditions of the vessel;

and(N) Number of crew and details of in-

juries, if any.(ii) After the transmission of the ini-

tial notification, as much as possible ofthe information essential for the pro-tection of the marine environment asis appropriate to the incident must bereported to the appropriate on-scenecoordinator in a follow-up report. Thisinformation must include—

(A) Additional details on the type ofcargo on board;

(B) Additional details on the condi-tion of the vessel and ability to trans-fer cargo, ballast, and fuel;

(C) Additional details on the quan-tity, extent and movement of the pol-lution and whether the discharge iscontinuing;

(D) Any changes in the on-sceneweather or sea conditions; and

(E) Actions being taken with regardto the discharge and the movement ofthe ship.

(6) Identification of the person(s) tobe notified of a vessel casualty poten-tially affecting the seaworthiness of avessel and the information to be pro-vided by the vessel’s crew to shore-based personnel to facilitate the assess-ment of damage stability and stress.

(c) Shipboard spill mitigation proce-dures. This section of the response planmust include—

(1) Procedures for the crew to miti-gate or prevent any discharge or a sub-stantial threat of such discharge of oilresulting from shipboard operationalactivities associated with internal orexternal cargo transfers. Responsibil-ities of vessel personnel should be iden-tified by job title. These proceduresmust address personnel actions in theevent 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 anydischarge or a substantial threat ofsuch a discharge in the event of the fol-lowing 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 pro-

pulsion, steering gear, etc.);(3) Procedures for the crew to deploy

discharge removal equipment as re-quired under subpart B of this part;

(4) The procedures for internal trans-fers of cargo in an emergency;

(5) The procedures for ship-to-shiptransfers of cargo in an emergency:

(i) The format and content of theship-to-ship transfer procedures must


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be consistent with the Ship to ShipTransfer Guide (Petroleum) publishedjointly by the International Chamberof Shipping and the Oil CompaniesInternational marine Forum (OCIMF).

(ii) The procedures must identify theresponse resources necessary to carryout the transfers, including—

(A) Fendering equipment (ship-to-ship only);

(B) Transfer hoses and connectionequipment;

(C) Portable pumps and ancillaryequipment;

(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 sepa-rate oil transfer procedure andlightering plan carried aboard the ves-sel, provided that safety considerationsare summarized in the response plan.

(iv) The location of all equipmentand fittings, if any, carried aboard thevessel to perform such transfers mustbe identified;

(6) The procedures and arrangementsfor emergency towing, including therigging and operation of any emer-gency towing equipment, includingthat required by subpart B of this part,aboard the vessel;

(7) The location, crew responsibil-ities, and procedures for use of ship-board equipment which may be carriedto mitigate an oil discharge;

(8) The crew responsibilities, if any,for recordkeeping and sampling ofspilled oil. Any requirements for sam-pling must address safety procedures tobe followed by the crew;

(9) The crew’s responsibilities, if any,to initiate a response and superviseshore-based response resources;

(10) Damage stability and hull stressconsiderations when performing ship-board mitigation measures. This sec-tion must identify and describe—

(i) Activities in which the crew istrained and qualified to execute absentshore-based support or advice; and

(ii) The information to be collectedby the vessel’s crew to facilitate shore-based assistance; and

(11)(i) Location of vessel plans nec-essary to perform salvage, stability,and hull stress assessments. A copy ofthese plans must be maintained ashore

by either the vessel owner or operatoror the vessel’s recognized classificationsociety unless the vessel has pre-arranged for a shore-based damage sta-bility and residual strength calculationprogram with the vessel’s baselinestrength and stability characteristicspre-entered. The response plan must in-dicate the shore location and 24-houraccess procedures of the calculationprogram 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 proceduresfor the computerized, shore-based dam-age stability and residual structuralstrength calculation programs requiredby § 155.240.

(d) Shore-based response activities. Thissection of the response plan must in-clude the following information:

(1) The qualified individual’s respon-sibilities and authority, including im-mediate communication with the Fed-eral on-scene coordinator and notifica-tion of the oil spill removal organiza-tion(s) identified in the plan.

(2) If applicable, procedures for trans-ferring responsibility for direction ofresponse activities from vessel person-nel to the shore-based spill manage-ment team.

(3) The procedures for coordinatingthe actions of the vessel owner or oper-ator or qualified individual with thepredesignated Federal on-scene coordi-nator responsible for overseeing or di-recting those actions.

(4) The organizational structure thatwill be used to manage the response ac-tions. This structure must include thefollowing functional areas and mustfurther include information for keycomponents within each functionalarea:

(i) Command and control;(ii) Public information;(iii) Safety;(iv) Liaison with government agen-

cies;(v) Spill response operations;(vi) Planning;(vii) Logistics support; and(viii) Finance.


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(5) The responsibilities of, duties of,and functional job descriptions for eachoil spill management team positionwithin the organizational structureidentified in paragraph (d)(4) of thissection.

(e) List of contacts. The name, loca-tion, and 24-hour contact informationfor the following key individuals andorganizations must be included in thissection of the response plan or, if moreappropriate, in a geographic-specificappendix and referenced in this sectionof the response plan:

(1) Vessel owner or operator.(2) Qualified individual and alternate

qualified individual for the vessel’sarea of operation.

(3) Applicable insurance representa-tives or surveyors for the vessel’s areaof operation.

(4) The vessel’s local agent(s) for thevessel’s area of operation.

(5) Person(s) within the oil spill re-moval organization to notify for acti-vation of that oil spill removal organi-zation for the three spill scenariosidentified in paragraph (i)(5) of thissection for the vessel’s area of oper-ation.

(6) Person(s) within the identified re-sponse organization to notify for acti-vating that organization to provide:

(i) The required emergency lighteringrequired by § 155.1050(l), § 155.1052(g),§ 155.1230(g), or § 155.2230(g), as applica-ble to the type of service of the vessel;and

(ii) The required salvage and fire-fighting required by § 155.1050(k),§ 155.1052(e), § 155.1230(e), and§ 155.2230(e), as applicable to the type ofservice of the vessel.

(7) Person(s) to notify for activationof the spill management team for thespill response scenarios identified inparagraph (i)(5) of this section for thevessel’s area of operation.

(f) Training procedures. This section ofthe response plan must address thetraining procedures and programs ofthe vessel owner or operator to meetthe requirements in § 155.1055.

(g) Exercise procedures. This section ofthe response plan must address the ex-ercise program to be carried out by thevessel owner or operator to meet therequirements in § 155.1060.

(h) Plan review, update, revision,amendment, and appeal procedure. Thissection of the response plan must ad-dress—

(1) The procedures to be followed bythe vessel owner or operator to meetthe requirements of § 155.1070; and

(2) The procedures to be followed forany post-discharge review of the planto evaluate and validate its effective-ness.

(i) Geographic-specific appendices foreach COTP zone in which a vessel oper-ates. A geographic-specific appendixmust be included for each COTP zoneidentified. The appendices must in-clude the following information oridentify the location of such informa-tion within the plan:

(1) A list of the geographic areas(port areas, rivers and canals, GreatLakes, inland, nearshore, offshore, andopen ocean areas) in which the vesselintends to handle, store, or transportoil within the applicable COTP zone.

(2) The volume and group of oil onwhich the required level of response re-sources are calculated.

(3) Required Federal or State notifi-cations applicable to the geographicareas in which a vessel operates.

(4) Identification of the qualified in-dividuals.

(5) Identification of the oil spill re-moval organization(s) that are identi-fied and ensured available, throughcontract or other approved means, andthe spill management team to respondto the following spill scenarios:

(i) Average most probable discharge.(ii) Maximum most probable dis-

charge.(iii) Worst case discharge.(6) The organization(s) identified to

meet the requirements of paragraph(i)(5) of this section must be capable ofproviding the equipment and suppliesnecessary to meet the requirements of§§ 155.1050, 155.1052, 155.1230, and 155.2230,as appropriate, and sources of trainedpersonnel to continue operation of theequipment and staff the oil spill re-moval organization(s) and spill man-agement team identified for the first 7days of the response.

(7) The appendix must list the re-sponse resources and related informa-tion required under §§ 155.1050, 155.1052,


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155.1230, 155.2230, and Appendix B of thispart, as appropriate.

(8) If an oil spill removal organiza-tion(s) has been evaluated by the CoastGuard and their capability has been de-termined to equal or exceed the re-sponse capability needed by the vessel,the appendix may identify only the or-ganization and their applicable classi-fication and not the information re-quired in paragraph (i)(7) of this sec-tion.

(9) The appendix must also separatelylist the companies identified to providethe salvage, vessel firefighting,lightering, and if applicable, dispersantcapabilities required in this subpart.

(j) Appendices for vessel-specific infor-mation. This section must include foreach vessel covered by the plan the fol-lowing information:

(1) List of the vessel’s principal char-acteristics.

(2) Capacities of all cargo, fuel, lubeoil, ballast, and fresh water tanks.

(3) The total volume and cargogroups of oil cargo that would be in-volved in the—

(i) Maximum most probable dis-charge; and

(ii) Worst case discharge.(4) Diagrams showing location of all

tanks.(5) General arrangement plan (can be

maintained separately aboard the ves-sel providing the response plan identi-fies the location).

(6) Midships section plan (can bemaintained separately aboard the ves-sel providing the response plan identi-fies the location).

(7) Cargo and fuel piping diagramsand pumping plan, as applicable (canbe maintained separately aboard thevessel providing the response plan iden-tifies the location).

(8) Damage stability data (can bemaintained separately providing theresponse plan identifies the location).

(9) Location of cargo and fuel stow-age plan for vessel (normally main-tained separately aboard the vessel).

(10) Location of information on thename, description, physical and chemi-cal characteristics, health and safetyhazards, and spill and firefighting pro-cedures for the oil cargo aboard thevessel. A material safety data sheetmeeting the requirements of 29 CFR

1910.1200, cargo information required by33 CFR 154.310, or equivalent will meetthis requirement. This information canbe maintained separately.

[CGD 91–034, 61 FR 1081, Jan. 12, 1996, asamended by CGD 96–026, 61 FR 33666, June 28,1996]

§ 155.1040 Response plan requirementsfor unmanned tank barges carryingoil as a primary cargo.


(1) A list of tank barges covered bythe plan, which must include the coun-try of registry, call sign, IMO inter-national numbers (if applicable), andofficial numbers of the listed tankbarges;

(2) The name, address, and proceduresfor contacting the barge’s owner or op-erator on a 24-hour basis;

(3) A list of the COTP zones in whichthe tank barges covered by the plan in-tend to handle, store, or transport oil;


(5) A record of change(s) page used torecord information on plan reviews, up-dates or revisions.


(1) A checklist with all notifications.The checklist must include notifica-tions required by MARPOL 73/78, 33CFR part 153, and any applicable State,including telephone or other contactnumbers, in the order of priority andthe information required for those no-tifications 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 substan-tial threat of a discharge of oil. If thenotifications vary due to the locationof the barge, the persons to be notifiedalso must be identified in a geographic-specific appendix. This section mustseparately identify—

(i) The individual(s) or organiza-tion(s) to be notified by the towing ves-sel; and


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(3) The procedures for notifying thequalified individuals designated by thebarge’s owner or operator.

(4) Identification of the primary and,if available, secondary communica-tions methods by which the notifica-tions will be made, consistent with therequirements of paragraph (b)(1) of thissection.

(5) The information that is to be pro-vided in the initial and any follow-upnotifications required by paragraph(b)(1) of this section.

(i) The initial notification informa-tion must include at least the follow-ing information:

(A) Towing vessel name (if applica-ble);

(B) Tank barge name, country of reg-istry, 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 applica-ble);

(G) Date and time of next report;(H) Type and quantity of oil on

board;(I) Nature and details of defects, defi-

ciencies, and damage (e.g., grounding,collision, hull failure, etc.);

(J) Details of pollution, including es-timate of oil discharged or threat ofdischarge;

(K) Weather and sea conditions onscene;

(L) Barge size and type;(M) Actions taken or planned by per-

sons on scene;(N) Current condition of the barge;

and(O) Details of injuries, if any.(ii) After the transmission of the ini-


(A) Additional detail on the type ofcargo on board;

(B) Additional details on the condi-tion of the barge and ability to transfercargo, ballast, and fuel;



(E) Actions being taken with regardto the discharge and the movement ofthe vessel.

(6) Identification of the person(s) tobe notified of a vessel casualty poten-tially affecting the seaworthiness of avessel and the information to be pro-vided by the towing vessel personnel ortankermen, as applicable, to shore-based personnel to facilitate the assess-ment of damage stability and stress.

(c) Shipboard spill mitigation proce-dures. This section of the response planmust include—

(1) Procedures to be followed by thetankerman, as defined in 46 CFR 35.35–1, to mitigate or prevent any dischargeor a substantial threat of such a dis-charge of oil resulting from oper-ational activities and casualties. Theseprocedures must address personnel ac-tions 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 oroperator to mitigate or prevent anydischarge or a substantial threat ofsuch a discharge of oil in the event ofthe following casualties or emer-gencies:

(i) Grounding or stranding;(ii) Collision;(iii) Explosion or fire, or both;(iv) Hull failure;(v) Excessive list; and(3) Procedures for tankermen or tow-

ing vessel crew to employ discharge re-moval equipment required by subpart Bof this part;

(4) The procedures for the internaltransfer of cargo in an emergency;

(5) The procedures for ship-to-shiptransfers of cargo in an emergency:

(i) The procedures must identify theresponse resources necessary to carryout the transfers, including—


385


(A) Fendering equipment (ship-to-ship only);

(B) Transfer hoses and connectionequipment;

(C) Portable pumps and ancillaryequipment; and

(D) Lightering vessels (ship-to-shiponly).

(ii) Reference can be made to sepa-rate oil transfer procedures or alightering plan provided that safetyconsiderations are summarized in theresponse plan.

(iii) The location of all equipmentand fittings, if any, to perform suchtransfers must be identified;

(6) The procedures and arrangementsfor emergency towing, including therigging and operation of any emer-gency towing equipment, includingthat required by subpart B of this partaboard the barge;

(7) The location and procedures foruse of equipment stowed aboard eitherthe barge or towing vessel to mitigatean oil discharge;

(8) The responsibilities of the towingvessel crew and facility or fleeting areapersonnel, if any, to initiate a responseand supervise shore-based response re-sources;

(9) Damage stability, if applicable,and hull stress considerations whenperforming on board mitigation meas-ures. This section must identify anddescribe—

(i) Activities in which the towingvessel crew or tankerman is trainedand qualified to execute absent shore-based support or advice;

(ii) The individuals who shall be noti-fied of a casualty potentially affectingthe seaworthiness of the barge; and

(iii) The information that must beprovided by the towing vessel to facili-tate the assessment of damage stabil-ity and stress; and

(10)(i) Location of barge plans nec-essary to perform salvage, stability,and hull stress assessments. A copy ofthese barge plans must be maintainedashore by either the barge owner or op-erator or the vessel’s recognized classi-fication society. The response planmust indicate the shore location and24-hour access procedures of the follow-ing plans:

(A) General arrangement plan.(B) Midship section plan.

(C) Lines plan or table of offsets, asavailable.

(D) Tank tables; and(ii) Plans for offshore oil barges must

identify the shore location and 24-houraccess procedures for the computerizedshore-based damage stability and resid-ual structural strength calculationprograms required by § 155.240.



(2) If applicable, procedures for trans-ferring responsibility for direction ofresponse activities from towing vesselpersonnel or tankermen to the shore-based spill management team.

(3) The procedures for coordinatingthe actions of the barge owner or oper-ator of qualified individual with the ac-tion of the predesignated Federal on-scene coordinator responsible for over-seeing or directing those actions.

(4) The organizational structure thatwill manage the barge owner or opera-tor’s response actions. This structuremust include the following functionalareas and must further include infor-mation for key components withineach functional area:


cies;(v) Spill response operations;(vi) Planning;(vii) Logistics support; and(viii) Finance.(5) The responsibilities of, duties of,

and functional job descriptions for eachoil spill management team positionwithin the organizational structureidentified in paragraph (d)(4) of thissection.

(e) List of contacts. The name, loca-tion, and 24-hour contact informationfor the following key individuals andorganizations must be included in thissection or, if more appropriate, in a ge-ographic-specific appendix and ref-erenced in this section:

(1) Barge owner or operator.


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(2) Qualified individual and alternatequalified individual for the tankbarge’s area of operation.

(3) Applicable insurance representa-tives or surveyors for the barge’sarea(s) of operation.

(4) Person(s) within the oil spill re-moval organization to notify for acti-vation of that oil spill removal organi-zation for the spill scenarios identifiedin paragraph (j)(5) of this section forthe barges’s area(s) of operation.

(5) Person(s) within the identified re-sponse organization to notify for acti-vating that organization to provide:

(i) The required emergency lighteringrequired by §§ 155.1050(l), 155.1052(g),155.1230(g), and 155.2230(g), as applicableto the type of service of the barge(s);and

(ii) The required salvage and firefighting required by §§ 155.1050(k),155.1052(e), 155.1230(e), and 155.2230(e), asapplicable to the type of service of thebarge(s).

(6) Person(s) to notify for activationof the spill management team for thespill response scenarios identified inparagraph (j)(5) of this section for thevessel’s area of operation.

(f) Training procedures. This section ofthe response plan must address thetraining procedures and programs ofthe barge owner or operator to meetthe requirements in § 155.1055.

(g) Exercise procedures. This section ofthe response plan must address the ex-ercise program carried out by the bargeowner or operator to meet the require-ments in § 155.1060.

(h) Plan review, update, revisionsamendment, and appeal procedure. Thissection of the response plan must ad-dress—

(1) The procedures to be followed bythe barge owner or operator to meetthe requirements of § 155.1070; and

(2) The procedures to be followed forany post-discharge review of the planto evaluate and validate its effective-ness.

(i) On board notification checklist andemergency procedures. This portion ofthe response plan must be maintainedin the documentation container aboardthe unmanned barge. The owner or op-erator of an unmanned tank barge sub-ject to this section shall provide thepersonnel of the towing vessel, fleeting

area, or facility that the barge may bemoored at with the information re-quired by this paragraph and the re-sponsibilities that the plan indicateswill be carried out by these personnel.The on board notification checklist andemergency procedures must include—

(1) The toll-free number of the Na-tional Response Center;

(2) The name and procedures for con-tacting a primary qualified individualand at least one alternate on a 24-hourbasis;

(3) The name, address, and procedurefor contacting the vessel’s owner or op-erator on a 24-hour basis;

(4) The list of information to be pro-vided in the notification by the report-ing personnel;

(5) A statement of responsibilities ofand actions to be taken by reportingpersonnel after an oil discharge or sub-stantial threat of such discharge; and

(6) The information contained inparagraph (c)(1) of this section.

(j) Geographic-specific appendices foreach COTP zone in which a tank bargeoperates. A geographic-specific appen-dix must be included for each COTPzone identified. The appendices mustinclude the following information oridentify the location of such informa-tion within the plan:

(1) A list of the geographic areas(port areas, rivers and canals, GreatLakes, inland, nearshore, offshore, andopen ocean areas) in which the bargeintends to handle, store, or transportoil within the applicable COTP zone.

(2) The volume and group of oil onwhich the required level of response re-sources are calculated.

(3) Required Federal or State notifi-cations applicable to the geographicareas in which the barge operates.


(5) Identification of the oil spill re-moval organization(s) that are identi-fied and ensured available, throughcontract or other approved means andthe spill management team to providethe response resources necessary to re-spond to the following spill scenarios:

(i) An average most probable dis-charge.

(ii) A maximum most probable dis-charge.


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(iii) A worst case discharge to themaximum extent practicable.

(6) The organization(s) identified tomeet the provisions of paragraph (j)(5)of this section must be capable of pro-viding the equipment and supplies nec-essary to meet the provisions of§§ 155.1050, 155.1052, 155.1230, and 155.2230,as appropriate, and sources of trainedpersonnel to continue operation of theequipment and staff the oil spill re-moval organization(s) and spill man-agement team identified for the firstseven days of the response.

(7) The appendix must list the re-sponse resources and related informa-tion required under §§ 155.1050, 155.1052,155.1230, 155.2230, and Appendix B of thispart, as appropriate.

(8) If the oil spill removal organiza-tion(s) providing the necessary re-sponse resources has been evaluated bythe Coast Guard and their capabilityhas been determined to equal or exceedthe response capability needed by thevessel, the appendix may identify onlythe organization and their applicableclassification and not the informationrequired in paragraph (j)(7) of this sec-tion.

(9) The appendix must also separatelylist the companies identified to providethe salvage, barge firefighting,lightering, and if applicable, dispersantcapabilities required in this subpart.

(k) Appendices for barge-specific infor-mation. Because many of the tankbarges covered by a response plan maybe of the same design, this informationdoes not need to be repeated providedthe plan identifies the tank barges towhich the same information wouldapply. The information must be part ofthe response plan unless specificallynoted. This section must include foreach barge covered by the plan the fol-lowing information:

(1) List of the principal characteris-tics of the vessel.

(2) Capacities of all cargo, fuel, lubeoil, and ballast tanks.

(3) The total volumes and cargogroup(s) of oil cargo that would be in-volved in the—



tanks aboard the barge.

(5) General arrangement plan (can bemaintained separately providing thatthe location is identified).

(6) Midships section plan (can bemaintained separately providing thatthe location is identified).

(7) Cargo and fuel piping diagramsand pumping plan, as applicable (canbe maintained separately providingthat the location is identified).

(8) Damage stability data, if applica-ble.

(9) Location of cargo and fuel stow-age plan for barge(s) (normally main-tained separately).

(10) Location of information on thename, description, physical and chemi-cal characteristics, health and safetyhazards, and spill and firefighting pro-cedures for the oil cargo aboard thebarge. A material safety data sheetmeeting the requirements of 29 CFR1910.1200, cargo information required by33 CFR 154.310, or equivalent will meetthis requirement. This information canbe maintained separately.

§ 155.1045 Response plan requirementsfor vessels carrying oil as a second-ary cargo.


(1) The vessel’s name, country of reg-istry, call sign, official number, andIMO international number (if applica-ble). If the plan covers multiple ves-sels, this information must be providedfor each vessel;

(2) The name, address, and proceduresfor contacting the vessel’s owner or op-erator on a 24-hour basis;

(3) A list of COTP zones in which thevessel intends to handle, store, ortransport oil;


(5) A record of change(s) page used torecord information on plan updates orrevisions.

(6) As required in paragraph (c) ofthis section, the vessel owner or opera-tor must list in his or her plan thetotal volume of oil carried in bulk ascargo.


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33 CFR Ch. I (7–1–98 Edition)§ 155.1045

(i) For vessels that transfer a portionof their fuel as cargo, 25 percent of thefuel capacity of the vessel plus the ca-pacity of any oil cargo tank(s) will beassumed to be the cargo volume for de-termining applicable response plan re-quirements unless the vessel owner oroperator indicates otherwise.

(ii) A vessel owner or operator canuse a volume less than 25 percent if heor she submits historical data with theplan that substantiates the transfer ofa lower percentage of its fuel capacitybetween refuelings.


(1) A checklist with all notifications,including telephone or other contactnumbers, in the order of priority to bemade by shipboard or shore-based per-sonnel and the information required forthose notifications. Notifications mustinclude those required by—

(i) MARPOL 73/78 and 33 CFR part153; and

(ii) Any applicable State.(2) Identification of the person(s) to

be notified of a discharge or substan-tial threat of discharge of oil. If notifi-cations vary due to vessel location, theperson(s) to be notified also must beidentified in a geographic-specific ap-pendix. This section must separatelyidentify—

(i) The individual(s) or organiza-tion(s) to be notified by shipboard per-sonnel; and


(3) The procedures for notifying thequalified individual and alternatequalified individual.

(4) Descriptions of the primary and, ifavailable, secondary communicationmethods by which the notificationswill be made, consistent with the re-quirements in paragraph (b)(1) of thissection.

(5) The information that is to be pro-vided in the initial and any follow-upnotifications required by paragraph(b)(1) of this section.

(i) The initial notification may besubmitted in accordance with IMO Res-olution A648(16) ‘‘General Principles forShip Reporting Systems and Ship Re-porting Requirements.’’ It must in-

clude at least the following informa-tion:

(A) Vessel name, country of registry,call sign, IMO international number (ifapplicable), and official number (ifany);

(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, defi-

ciencies, and damage (e.g., grounding,collision, hull failure, etc.);

(I) Details of pollution, including es-timate of oil discharged or threat ofdischarge;

(J) Weather and sea conditions onscene;

(K) Ship size and type;(L) Actions taken or planned by per-

sons on scene;(M) Current conditions of the vessel;

and(N) Number of crew and details of in-

juries, if any.(ii) After the transmission of the ini-


(A) Additional details on the type ofcargo on board;

(B) Additional details on the condi-tion of the vessel and ability to trans-fer cargo, ballast, and fuel;



(E) Actions being taken with regardto the discharge and the movement ofthe ship.

(c) Shipboard spill mitigation proce-dures. This section of the response planmust identify the vessel’s total vol-umes of oil carried in bulk as cargo andmeet the applicable requirements ofthis paragraph as in paragraph (a)(6) ofthis section.


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(1) For vessels carrying 100 barrels orless of oil in bulk as cargo, the planmust include a basic emergency actionchecklist for vessel personnel includingnotification and actions to be taken toprevent or mitigate any discharge orsubstantial threat of such a dischargeof oil from the vessel.

(2) For vessels carrying over 100 bar-rels of oil but not exceeding 5,000 bar-rels of oil in bulk as cargo, the planmust include—

(i) Detailed information on actions tobe taken by vessel personnel to preventor mitigate any discharge or substan-tial threat of such a discharge of oilfrom the vessel due to operational ac-tivities or casualties;

(ii) Detailed information on damagecontrol procedures to be followed byvessel personnel;

(iii) Detailed procedures for internalor external transfer of oil in bulk ascargo in an emergency; and

(iv) Procedures for use of any equip-ment carried aboard the vessel for spillmitigation.

(3) For vessels carrying over 5,000barrels of oil as a secondary cargo, theplan must provide the information re-quired by § 155.1035(c) for shipboardspill mitigation procedures.

(4) For all vessels, the plan must in-clude responsibilities and actions to betaken by vessel personnel, if any, toinitiate a response and supervise shore-based response resources.



(2) If applicable, procedures for trans-ferring responsibility for direction ofresponse activities from vessel person-nel to the shore-based spill manage-ment team.

(3) The procedures for coordinatingthe actions of the vessel owner or oper-ator with the actions of thepredesignated Federal on-scene coordi-nator responsible for overseeing or di-recting those actions.

(4) The organizational structure thatwill be used to manage the response ac-

tions. This structure must include thefollowing functional areas and mustfurther include information for keycomponents within each functionalarea:


cies;(v) Spill response operations;(vi) Planning;(vii) Logistics support; and(viii) Finance.(5) The responsibilities, duties, and

functional job description for each oilspill management team member withinthe organizational structure identifiedin paragraph (d)(4) of this section.

(e) List of contacts. The name, loca-tion, and 24-hour contact informationfor the following key individuals or or-ganizations must be included in thissection or, if more appropriate, in a ge-ographic-specific appendix and ref-erenced in this section:

(1) Vessel owner or operator, and ifapplicable, charterer.

(2) Qualified individual and alternatequalified individual for the vessel’sarea of operation.

(3) Vessel’s local agent(s), if applica-ble, for the vessel’s area of operation.

(4) Applicable insurance representa-tives or surveyors for the vessel’s areaof operation.

(5) Person(s) within the identified oilspill removal organization(s) to notifyfor activation of the oil spill removalorganization(s) identified under para-graph (i)(3) of this section for the ves-sel’s area of operation.

(6) Person(s) to notify for activationof the spill management team.

(f) Training procedures. (1) This sec-tion of the response plan must addressthe training procedures and programsof the vessel owner or operator. Thevessel owner or operator shall ensurethat—

(i) All personnel with responsibilitiesunder the plan receive training in theirassignments and refresher training asnecessary, and participate in exercisesrequired under paragraph (g) of thissection. Documented work experiencecan be used instead of training; and


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33 CFR Ch. I (7–1–98 Edition)§ 155.1045

(ii) Records of this training are main-tained aboard the vessel, at the U.S. lo-cation of the spill management team,or with the qualified individual. Theplan must specify where the recordsare located.

(2) Nothing in this section relievesthe vessel owner or operator from re-sponsibility to ensure that all privateshore-based response personnel aretrained to meet the Occupational Safe-ty and Health Administration (OSHA)standards for emergency response oper-ations in 29 CFR 1910.120.

(g) Exercise procedures. This section ofthe response plan must address the ex-ercise program carried out by the ves-sel owner or operator to evaluate theability of vessel and shore-based per-sonnel to perform their identified func-tions in the plan. The required exercisefrequency for each category of vessel isas follows:

(1) For vessels carrying 100 barrels orless of oil as cargo—

(i) On board spill mitigation proce-dures and qualified individual notifica-tion exercises must be conducted annu-ally; and

(ii) Shore-based oil spill removal or-ganization exercises must be conductedbiennially.

(2) For vessels carrying over 100 bar-rels and up to 5,000 barrels of oil inbulk as cargo—

(i) On board emergency proceduresand qualified individual notificationexercises must be conducted quarterly;and

(ii) Shore-based oil spill removal or-ganization exercises must be conductedannually.

(3) Vessels carrying over 5,000 barrelsof oil in bulk as cargo must meet theexercise requirement of § 155.1060.

(h) Plan review, update, revision,amendment, and appeal procedures. Thissection of the response plan must ad-dress—

(1) The procedures to be followed bythe vessel owner or operator to meetthe requirement of § 155.1070; and

(2) The procedures to be followed forany post-discharge review of the planto evaluate and validate its effective-ness

(i) Geographic-specific appendices foreach COTP zone in which a vessel oper-ates. A geographic-specific appendix

must be included for each COTP zoneidentified. The appendix must includethe following information or identifythe location of such information withinthe plan:

(1) Required Federal or State notifi-cations applicable to the geographicareas in which a vessel operates.


(3) A list of the oil spill removal or-ganization(s) and the spill managementteam(s) available to respond to the ves-sel’s worst case oil discharge in eachCOTP zone in which a vessel operates.The oil spill removal organization(s)identified must be capable of commenc-ing oil spill containment and on-waterrecovery within the response timeslisted for Tier 1 in § 155.1050(g); provid-ing temporary storage of recovered oil;and conducting shoreline protectionand cleanup operations. An oil spill re-moval organization may not be identi-fied in the plan unless the organizationhas provided written consent to beingidentified in the plan as an availableresource.

(j) Appendices for vessel-specific infor-mation. This section must include foreach vessel covered by the plan the fol-lowing information:

(1) List of the vessel’s principal char-acteristics (i.e., length, beam, grosstonnage, etc.).

(2) Capacities of all cargo, fuel, lubeoil, ballast, and fresh water tanks.

(3) The total volume and cargogroups of oil cargo that would be in-volved in the—



tanks.(5) Cargo and fuel piping diagrams

and pumping plan as applicable. Thesediagrams and plans can be maintainedseparately aboard the vessel providingthe response plan identifies the loca-tion.

(6) Location of information on thename, description, physical and chemi-cal characteristics, health and safetyhazards, and spill and firefighting pro-cedures for the oil cargo aboard thevessel. A material safety data sheetmeeting the requirements of 29 CFR1910.1200, cargo information required by


391


33 CFR 154.310, or the equivalent, willmeet this requirement. This informa-tion can be maintained separately onboard the vessel, providing the re-sponse plan identifies the location.

§ 155.1050 Response plan developmentand evaluation criteria for vesselscarrying groups I through IV petro-leum oil as a primary cargo.

(a) The following criteria must beused to evaluate the operability of re-sponse resources identified in the re-sponse plan for the specified operatingenvironment:

(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 foridentification of appropriate equip-ment in a response plan.

(ii) These criteria reflect conditionsused for planning purposes to selectmechanical response equipment andare not conditions that would limit re-sponse actions or affect normal vesseloperations.

(2) Limitations that are identified inthe Area Contingency Plans for theCOTP zones in which the vessel oper-ates, including—

(i) Ice conditions;(ii) Debris;(iii) Temperature ranges; and(iv) Weather-related visibility.(b) The COTP may reclassify a spe-

cific body of water or location withinthe COTP zone. Any reclassificationswill be identified in the applicable AreaContingency Plan. Reclassificationsmay be to—

(1) A more stringent operating envi-ronment if the prevailing wave condi-tions exceed the significant waveheight criteria during more than 35percent of the year; or

(2) A less stringent operating envi-ronment if the prevailing wave condi-tions do not exceed the significantwave height criteria for the less strin-gent operating environment duringmore than 35 percent of the year.

(c) Response equipment must—(1) Meet or exceed the criteria listed

in Table 1 of Appendix B of this part;(2) Be capable of functioning in the

applicable operating environment; and(3) Be appropriate for the petroleum

oil carried.(d) The owner or operator of a vessel

that carries groups I through IV petro-

leum oil as a primary cargo shall iden-tify in the response plan and ensure theavailability of, through contract orother approved means, the response re-sources that will respond to a dis-charge up to the vessel’s average mostprobable discharge.

(1) For a vessel that carries groups Ithrough IV petroleum oil as its pri-mary cargo, the response resourcesmust include—

(i) Containment boom in a quantityequal to twice the length of the largestvessel involved in the transfer and ca-pable of being deployed at the site ofoil transfer operations—

(A) Within 1 hour of detection of aspill, when the transfer is conductedbetween 0 and 12 miles from the near-est shoreline; or

(B) Within 1 hour plus travel timefrom the nearest shoreline, based on anon-water speed of 5 knots, when thetransfer is conducted over 12 miles upto 200 miles from the nearest shoreline;and

(ii) Oil recovery devices and recov-ered oil storage capacity capable ofbeing at the transfer site—

(A) Within 2 hours of the detection ofa spill during transfer operations, whenthe transfer is conducted between 0 and12 miles from the nearest shoreline; or

(B) Within 1 hour plus travel timefrom the nearest shoreline, based on anon-water speed of 5 knots, when thetransfer is conducted over 12 miles upto 200 miles from the nearest shoreline.

(2) For locations of multiple vesseltransfer operations, a vessel may iden-tify the same equipment as identifiedby other vessels, provided that eachvessel has ensured access to the equip-ment through contract or other ap-proved means. Under these cir-cumstances, prior approval by theCoast Guard is not required for tem-porary changes in the contracted oilspill removal organization under§ 155.1070(c)(5).

(3) The owner or operator of a vesselconducting transfer operations at a fa-cility required to submit a responseplan under 33 CFR 154.1017 is requiredto plan for and identify the responseresources required in paragraph (d)(1)of this section. However, the owner oroperator is not required to ensure by


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33 CFR Ch. I (7–1–98 Edition)§ 155.1050

contract or other means the availabil-ity of such resources.

(e) The owner or operator of a vesselcarrying groups I through IV petro-leum oil as a primary cargo must iden-tify in the response plan and ensure theavailability of, through contract orother approved means, the response re-sources necessary to respond to a dis-charge up to the vessel’s maximummost probable discharge volume.

(1) These resources must be posi-tioned such that they can arrive at thescene of a discharge within—

(i) 12 hours of the discovery of a dis-charge in higher volume port areas andthe Great Lakes;

(ii) 24 hours of the discovery of a dis-charge in all rivers and canals, inland,nearshore and offshore areas; and

(iii) 24 hours of the discovery of a dis-charge plus travel time from shore foropen ocean areas.

(2) The necessary response resourcesinclude sufficient containment boom,oil recovery devices, and storage capac-ity for any recovery of up to the maxi-mum most probable discharge planningvolume.

(3) The response plan must identifythe storage location, make, model, andeffective daily recovery capacity ofeach oil recovery device that is identi-fied for plan credit.

(4) The response resources identifiedfor responding to a maximum mostprobable discharge must be positionedto be capable of meeting the plannedarrival times in this paragraph. TheCOTP with jurisdiction over the areain which the vessel is operating mustbe notified whenever the identified re-sponse resources are not capable ofmeeting the planned arrival times.

(f) The owner or operator of a vesselcarrying groups I through IV petro-leum oil as a primary cargo must iden-tify in the response plan and ensure theavailability of, through contract orother approved means, the response re-sources necessary to respond to dis-charges up to the worst case dischargevolume of the oil cargo to the maxi-mum extent practicable.

(1) The location of these resourcesmust be suitable to meet the responsetimes identified for the applicable geo-graphic area(s) of operation and re-sponse tier.

(2) The response resources must beappropriate 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 suffi-

cient boom, oil recovery devices, andstorage capacity to recover the plan-ning volumes.

(4) The response plan must identifythe storage location, make, model, andeffective daily recovery capacity ofeach oil recovery device that is identi-fied for plan credit.

(5) The guidelines in Appendix B ofthis part must be used for calculatingthe quantity of response resources re-quired to respond at each tier to theworst case discharge to the maximumextent practicable.

(6) When determining response re-sources necessary to meet the require-ments of this paragraph (f)(6), a portionof those resources must be capable ofuse in close-to-shore response activi-ties in shallow water. The followingpercentages of the response equipmentidentified for the applicable geographicarea must be capable of operating inwaters 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 fromthe significant wave height planningrequirements of Table 1 of Appendix Bof this part.

(g) Response equipment identified torespond to a worst case discharge mustbe capable of arriving on scene withinthe times specified in this paragraphfor the applicable response tier in ahigher volume port area, Great Lakes,and in other areas. Response times forthese tiers from the time of discoveryof a discharge are—

Tier 1 Tier 2 Tier 3

Higher volume portarea (except tank-ers in Prince Wil-liam Sound cov-ered by§ 155.1135).

12 hrs ...... 36 hrs ...... 60 hrs

Great Lakes .............. 18 hrs ...... 42 hrs ...... 66 hrs


393



All other rivers & ca-nals, inland, near-shore, and offshoreareas.

24 hrs ...... 48 hrs ...... 72 hrs

Open ocean (plustravel time fromshore).

24 hrs+ .... 48 hrs+ .... 72 hrs+

(h) For the purposes of arranging forresponse resources through contract orother approved means, response equip-ment identified for Tier 1 plan creditmust be capable of being mobilized andenroute to the scene of a dischargewithin 2 hours of notification. The no-tification procedures identified in theplan must provide for notification andauthorization for mobilization of iden-tified Tier 1 response resources—

(1) Either directly or through thequalified individual; and

(2) Within 30 minutes of a discoveryof a discharge or substantial threat ofdischarge.

(i) Response resources identified forTier 2 and Tier 3 plan credit must becapable of arriving on scene within thetime listed for the applicable tier.

(j) The response plan for a vessel car-rying group II or III persistent petro-leum oils as a primary cargo that oper-ates in areas with year-round pre-ap-proval for dispersant use may request acredit against up to 25% of the on-water oil recovery capability for eachworst case discharge tier necessary tomeet the requirements of this subpart.To receive this credit, the vessel owneror operator shall identify in the re-sponse plan and ensure, through con-tract or other approved means, theavailability of the dispersants and thenecessary resources to apply thoseagents appropriate for the type of oilcarried and to monitor the effective-ness of the dispersants. The extent ofthe credit will be based on the volumesof dispersant available to sustain oper-ations at manufacturers’ recommendeddosage rates. Dispersant resourcesidentified for plan credit must be capa-ble of being on scene within 12 hours ofdiscovery of a discharge.

NOTE: Identification of these resourcesdoes not imply that they will be authorizedfor use. Actual authorization for use duringa spill response will be governed by the pro-visions of the National Oil and HazardousSubstances Pollution Contingency Plan (40

CFR part 300) and the applicable Area Con-tingency Plan.

(k)(1) The owner or operator of a ves-sel carrying groups I through IV petro-leum oil as a primary cargo must iden-tify in the response plan and ensure theavailability of, through contract orother approved means, the followingresources:

(i) A salvage company with expertiseand equipment.

(ii) A company with vessel firefight-ing capability that will respond to cas-ualties in the area(s) in which the ves-sel will operate.

(2) Vessel owners or operators mustidentify intended sources of the re-sources required under paragraph (k)(1)of this section capable of being de-ployed to the areas in which the vesselwill operate. Provider(s) of these serv-ices may not be listed in the plan un-less they have provided written con-sent to be listed in the plan as an avail-able resource.

(3) To meet this requirement in a re-sponse plan submitted for reapprovalon or after February 18, 1998, the iden-tified resources must be capable ofbeing deployed to the port nearest tothe area in which the vessel operateswithin 24 hours of notification.

(l) The owner or operator of a vesselcarrying groups I through IV petro-leum oil as a primary cargo must iden-tify in the response plan and ensure theavailability of, through contract orother approved means, certain responseresources required by § 155.1035(c)(5)(ii)or § 155.1040(c)(5)(i), as appropriate.

(1) These resources must include—(i) Fendering equipment;(ii) Transfer hoses and connection

equipment; and(iii) Portable pumps and ancillary

equipment necessary to offload the ves-sel’s largest cargo tank in 24 hours ofcontinuous operation.

(2) These resources must be capableof reaching the locations in which thevessel operates within the stated timesfollowing notification:

(i) Inland (except tankers in PrinceWilliam Sound covered by § 155.1130),nearshore, and Great Lakes waters—12hours.

(ii) Offshore waters and rivers and ca-nals—18 hours.

(iii) Open ocean waters—36 hours.


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33 CFR Ch. I (7–1–98 Edition)§ 155.1050

(3) For barges operating on rivers andcanals as defined in this subpart, therequirements of this paragraph (l)(3)may be met by listing resources capa-ble of meeting the response times inparagraph (l)(2) of this section. Suchresources may not be identified in aplan unless the response organizationhas provided written consent to be list-ed in a plan as an available resource.

(m) The owner or operator of a vesselcarrying groups I through IV petro-leum oil as a primary cargo must iden-tify in the response plan and ensure theavailability of, through contract orother approved means, response re-sources necessary to perform shorelineprotection operations.

(1) The response resources must in-clude the quantities of boom listed inTable 2 of Appendix B of this part,based on the areas in which the vesseloperates.

(2) Vessels that intend to offloadtheir cargo at the Louisiana OffshoreOil Port (LOOP) marine terminal arenot required to comply with the re-quirements of this paragraph whenthey are within the offshore area andunder one of the following conditions:

(i) Approaching or departing theLOOP marine terminal within theLOOP Shipping Safety Fairway, as de-fined in 33 CFR 166.200.

(ii) Moored at the LOOP marine ter-minal for the purposes of cargo trans-fer operations or anchored in the des-ignated anchorage area awaiting dis-charge.

(n) The owner or operator of a vesselcarrying groups I through IV petro-leum oil as a primary cargo must iden-tify in the response plan and ensure theavailability of, through contract orother approved means, an oil spill re-moval organization capable of effectinga shoreline cleanup operation commen-surate with the quantity of emulsifiedpetroleum oil to be planned for inshoreline cleanup operations.

(1) The shoreline cleanup resourcesrequired must be determined as de-scribed in Appendix B of this part.

(2) Vessels that intend to offloadtheir cargo at the Louisiana OffshoreOil Port (LOOP) marine terminal arenot required to comply with the re-quirements of this paragraph when

they are within the offshore area andunder one of the following conditions:

(i) Approaching or departing theLOOP marine terminal within theLOOP Shipping Safety Fairway as de-fined in 33 CFR 166.200.

(ii) Moored at the LOOP marine ter-minal for the purposes of cargo trans-fer operations or anchored in the des-ignated anchorage area awaiting dis-charge.

(o) Appendix B of this part sets outcaps that recognize the practical andtechnical limits of response capabili-ties for which an individual vesselowner or operator can contract in ad-vance. Table 6 in Appendix B lists thecontracting caps that are applicable, asof February 18, 1993, and that are slatedto apply on February 18, 1998. Theowner or operator of a vessel carryinggroups I through IV petroleum oil as aprimary cargo, whose required daily re-covery capacity exceeds the applicablecontracting caps in Table 6, shall iden-tify commercial sources of additionalequipment equal to twice the cap listedfor each tier or the amount necessaryto reach the calculated planning vol-ume, whichever is lower, to the extentthat this equipment is available. Theequipment so identified must be capa-ble of arriving on scene no later thanthe applicable tier response times con-tained in § 155.1050(g) or as quickly asthe nearest available resource permits.A response plan must identify the spe-cific sources, locations, and quantitiesof this additional equipment. No con-tract is required.

(p) The Coast Guard will initiate areview of cap increases and other re-quirements contained within this sub-part that are scheduled to be phased-inover time. Any changes in the require-ments of this section will occurthrough a public notice and commentprocess.

(1) During this review, the CoastGuard will determine if the scheduledincrease remains practicable, and willalso establish a specific cap for 2003.The review will include—

(i) Increases in skimming efficienciesand design technology;

(ii) Oil tracking technology;(iii) High rate response techniques;(iv) Other applicable response tech-

nologies; and


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(v) Increases in the availability ofprivate response resources.

(2) All scheduled future requirementswill take effect unless the Coast Guarddetermines that they are not prac-ticable. Scheduled changes will be ef-fective on February 18, 1998 and 2003unless the review of the additional re-quirements have not been completed bythe Coast Guard. If this occurs, thechanges will not be effective until 90days after publication of a FEDERALREGISTER notice with the results of thereview.

EFFECTIVE DATE NOTE: By USCG 98–3417, 63FR 7071, Feb. 12, 1998, § 155.1050, paragraph(k)(3), is suspended from Feb. 12, 1998 untilFeb. 12, 2001.

§ 155.1052 Response plan developmentand evaluation criteria for vesselscarrying group V petroleum oil as aprimary cargo.

(a) Owners and operators of vesselsthat carry group V petroleum oil as aprimary cargo must provide informa-tion in their plan that identifies—

(1) Procedures and strategies for re-sponding to discharges up to a worstcase discharge of group V petroleumoils to the maximum extent prac-ticable; and

(2) Sources of the equipment and sup-plies necessary to locate, recover, andmitigate such a discharge.

(b) Using the criteria in Table 1 ofAppendix B of this part, an owner oroperator of a vessel carrying group Vpetroleum oil as a primary cargo mustensure that any equipment identifiedin a response plan is capable of operat-ing in the conditions expected in thegeographic area(s) in which the vesseloperates. When evaluating the oper-ability of equipment, the vessel owneror operator must consider limitationsthat are identified in the Area Contin-gency Plans for the COTP zones inwhich 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 aprimary cargo must identify in the re-sponse plan and ensure, through con-tract or other approved means, the

availability of required equipment, in-cluding—

(1) Sonar, sampling equipment, orother methods for locating the oil onthe bottom or suspended in the watercolumn;

(2) Containment boom, sorbent boom,silt curtains, or other methods for con-taining oil that may remain floatingon the surface or to reduce spreadingon the bottom;

(3) Dredges, pumps, or other equip-ment necessary to recover oil from thebottom and shoreline; and

(4) Other appropriate equipment nec-essary to respond to a discharge involv-ing the type of oil carried.

(d) Response resources identified in aresponse plan under paragraph (c) ofthis section must be capable of beingdeployed within 24 hours of discoveryof a discharge to the port nearest thearea where the vessel is operating. Anoil spill removal organization may notbe listed in the plan unless the oil spillremoval organization has providedwritten consent to be listed in the planas an available resource.

(e) The owner or operator of a vesselcarrying group V petroleum oil as aprimary cargo shall identify in the re-sponse plan and ensure the availabilityof the following resources through con-tract or other approved means—

(1) A salvage company with appro-priate expertise and equipment; and

(2) A company with vessel firefight-ing capability that will respond to cas-ualties in the area(s) in which the ves-sel is operating.

(f) Vessel owners or operators mustidentify intended sources of the re-sources required under paragraph (e) ofthis section capable of being deployedto the areas in which the vessel will op-erate. A company may not be listed inthe plan unless the company has pro-vided written consent to be listed inthe plan as an available resource. Tomeet this requirement in a responseplan submitted for approval or re-approval on or after February 18, 1998,the vessel owner or operator must iden-tify both the intended sources of thiscapability and demonstrate that theresources are capable of being deployedto the port nearest to the area wherethe vessel operates within 24 hours ofdiscovery of a discharge.


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33 CFR Ch. I (7–1–98 Edition)§ 155.1055

(g) The owner or operator of a vesselcarrying group V petroleum oil as aprimary cargo shall identify in the re-sponse plan and ensure the availabilityof certain resources required by§§ 155.1035(c)(5)(ii) and 155.1040(c)(5)(i),as applicable, through contract orother approved means.

(1) Resources must include—(i) Fendering equipment;(ii) Transfer hoses and connection



(2) Resources must be capable ofreaching the locations in which thevessel operates within the stated timesfollowing notification:

(i) Inland, nearshore, and GreatLakes waters—12 hours.


(iii) Open ocean waters—36 hours.(3) For barges operating in rivers and

canals as defined in this subpart, therequirements of this paragraph (g)(3)may be met by listing resources capa-ble of being deployed in an area withinthe response times in paragraph (g)(2)of this section. A vessel owner or oper-ator may not identify such resources ina plan unless the response organizationhas provided written consent to beidentified in a plan as an available re-source.

EFFECTIVE DATE NOTE: By USCG 98–3417, 63FR 7071, Feb. 12, 1998, § 155.1052, the last sen-tence in paragraph (f) is suspended from Feb.12, 1998 until Feb. 12, 2001.

§ 155.1055 Training.(a) A response plan submitted to

meet the requirements of § 155.1035must identify the training to be pro-vided to persons having responsibilitiesunder the plan, including members ofthe vessel crew, the qualified individ-ual, and the spill management team. Aresponse plan submitted to meet therequirements of § 155.1040 must identifythe training to be provided to the spillmanagement team, the qualified indi-vidual, and other personnel in § 155.1040with specific responsibilities under theplan including tankermen and mem-bers of the towing vessel crew. Thetraining program must differentiate

between that training provided to ves-sel personnel and that training pro-vided to shore-based personnel. Appen-dix C of this part provides additionalguidance regarding training.

(b) A vessel owner or operator shallensure the maintenance of records suf-ficient to document this training andmake them available for inspectionupon request by the Coast Guard.Records must be maintained for 3 yearsfollowing completion of training. Theresponse plan must identify the loca-tion of training records, which mustbe—

(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 experiencewhich fulfills specific training require-ments.

(d) The vessel owner or operator shallensure that any oil spill removal orga-nization identified in a response planto meet the requirements of this partmaintains records sufficient to docu-ment training for the organization’spersonnel. These records must be avail-able for inspection upon request by theCoast Guard. Records must be main-tained for 3 years following completionof training.

(e) Nothing in this section relievesthe vessel owner or operator from theresponsibility to ensure that all pri-vate shore-based response personnelare trained to meet the OccupationalSafety and Health Administration(OSHA) standards for emergency re-sponse operations in 29 CFR 1910.120.

(f) A training plan may be preparedin accordance with Training Elementsfor Oil Spill Response to satisfy the re-quirements of this section.

§ 155.1060 Exercises.

(a) A vessel owner or operator re-quired by §§ 155.1035 and 155.1040 to havea response plan shall conduct exerciseas necessary to ensure that the planwill function in an emergency. Bothannounced and unannounced exercisesmust be included. The following are theminimum exercise requirements forvessels covered by this subpart:


397


(1) Qualified individual notificationexercises, which must be conductedquarterly;

(2) Emergency procedures exercises,which must be conducted quarterly;

(3) Shore-based spill managementteam tabletop exercises, which must beconducted annually. In a triennial pe-riod, at least one of these exercisesmust include a worst case dischargescenario;

(4) Oil spill removal organizationequipment deployment exercises,which must be conducted annually; and

(5) An exercise of the entire responseplan, which must be conducted every 3years. The vessel owner or operatorshall design the exercise program sothat all components of the responseplan are exercised at least once every 3years. All of the components do nothave to be exercised at one time; theymay be exercised over the 3-year periodthrough the required exercises orthrough an area exercise.

(b) Annually, at least one of the exer-cises listed in § 155.1060(a) (2) and (4)must be unannounced. An unannouncedexercise is one in which the personnelparticipating in the exercise have notbeen advised in advance of the exactdate, time, and scenario of the exer-cise.

(c) A vessel owner or operator shallparticipate in unannounced exercises,as directed by the Coast Guard COTP.The objectives of the unannounced ex-ercises will be to evaluate notificationsand equipment deployment for re-sponses to average most probable dis-charge spill scenarios outlined in ves-sel response plans. The unannouncedexercises will be limited to four perarea per year, an area being that geo-graphic area for which a separate anddistinct Area Contingency Plan hasbeen prepared, as described in the OilPollution Act of 1990. After participat-ing in an unannounced exercise di-rected by a COTP, the owner or opera-tor will not be required to participatein another unannounced exercise for atleast 3 years from the date of the exer-cise.

(d) A vessel owner or operator shallparticipate in area exercises as di-rected by the applicable on-scene coor-dinator. The area exercises will involveequipment deployment to respond to

the spill scenario developed by the ex-ercise design team, of which the vesselowner or operator will be a member.After participating in an area exercise,a vessel owner or operator will not berequired to participate in another areaexercise for at least 6 years.

(e) The vessel owner or operator shallensure that adequate exercise recordsare maintained. The following recordsare required:

(1) On board the vessel, records of thequalified individual notification exer-cises and the emergency procedures ex-ercises. These exercises may be docu-mented in the ship’s log or may be keptin a separate exercise log.

(2) At the United States’ location ofeither the qualified individual, spillmanagement team, the vessel owner oroperator, or the oil spill removal orga-nization, records of exercises con-ducted off the vessel. Response plansmust indicate the location of theserecords.

(f) Records described in paragraph (e)of this section must be maintained andavailable to the Coast Guard for 3years following completion of the exer-cises.

(g) The response plan submitted tomeet the requirements of this subpartmust specify the planned exercise pro-gram. The plan shall detail the exer-cise program, including the types of ex-ercises, frequencies, scopes, objectives,and the scheme for exercising the en-tire response plan every 3 years.

(h) Compliance with the NationalPreparedness for Response ExerciseProgram (PREP) Guidelines will sat-isfy the vessel response plan exerciserequirements. These guidelines areavailable from the United States Gov-ernment Printing Office, North Capitoland H Sts., NW., Washington, DC 20402.

§ 155.1062 Inspection and maintenanceof response resources.

(a) The owner or operator of a vesselrequired to submit a response planunder this part must ensure that—

(1) Containment booms, skimmers,vessels, and other major equipmentlisted or referenced in the plan are pe-riodically inspected and maintained in


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33 CFR Ch. I (7–1–98 Edition)§ 155.1065

good operating condition, in accord-ance with manufacturer’s rec-ommendations and best commercialpractices; and

(2) All inspections and maintenanceare documented and that these recordsare maintained for 3 years.

(b) For equipment which must be in-spected and maintained under this sec-tion the Coast Guard may—

(1) Verify that the equipment inven-tories exist as represented;

(2) Verify the existence of records re-quired under this section;

(3) Verify that the records of inspec-tion and maintenance reflect the ac-tual condition of any equipment listedor referenced; and

(4) Inspect and require operationaltests of equipment.

(c) This section does not apply tocontainment booms, skimmers, vessels,and other major equipment listed orreferenced in the plan and ensuredavailable through the written consentof an oil spill removal organization, asdescribed in the definition of ‘‘contractor other approved means’’ at § 155.1020.

§ 155.1065 Procedures for plan submis-sion, approval, requests for accept-ance of alternative planning cri-teria, and appeal.

(a) An owner or operator of a vesselto which this subpart applies shall sub-mit one complete English languagecopy of a vessel response plan to Com-mandant (G–MOR), Coast Guard, 2100Second Street SW., Washington, DC20593–0001. The plan must be submittedat least 60 days before the vessel in-tends to handle, store, transport, trans-fer, or lighter oil in areas subject tothe jurisdiction of the United States.

(b) The owner or operator shall in-clude a statement certifying that theplan meets the applicable requirementsof subparts D, E, F, and G of this partand shall include a statement indicat-ing whether the vessel(s) covered bythe plan are manned vessels carryingoil as a primary cargo, unmanned ves-sels carrying oil as a primary cargo, orvessels carrying oil as a secondarycargo.

(c) If the Coast Guard determinesthat the plan meets all requirements ofthis subpart, the Coast Guard will no-tify the vessel owner or operator with

an approval letter. The plan will bevalid for a period of up to 5 years fromthe date of approval.

(d) If the Coast Guard reviews theplan and determines that it does notmeet all of the requirements, the CoastGuard will notify the vessel owner oroperator of the response plan’s defi-ciencies. The vessel owner or operatormust then resubmit the revised plan,or corrected portions of the plan, with-in the time period specified in the writ-ten notice provided by the CoastGuard.

(e) For those vessels temporarily au-thorized under § 155.1025 to operatewithout an approved plan pending for-mal Coast Guard approval, the defi-ciency provisions of § 155.1070(c), (d),and (e) will also apply.

(f) When the owner or operator of avessel believes that national planningcriteria contained elsewhere in thispart are inappropriate to the vessel forthe areas in which it is intended to op-erate, the owner or operator may re-quest acceptance of alternative plan-ning criteria by the Coast Guard. Sub-mission of a request must be made 90days before the vessel intends to oper-ate under the proposed alternative andmust be forwarded to the COTP for thegeographic area(s) affected.

(g) An owner or operator of a UnitedStates flag vessel may meet the re-sponse plan requirements of Regulation26 of MARPOL 73/78 and subparts D, E,F, and G of this part by stating in writ-ing, according to the provisions of§ 155.1030(j), that the plan submitted isintended to address the requirementsof both Regulation 26 of MARPOL 73/78and the requirements of subparts D, E,F, and G of this part.

(h) Within 21 days of notificationthat a plan is not approved, the vesselowner or operator may appeal that de-termination to the Assistant Com-mandant for Marine Safety and Envi-ronmental Protection. This appealmust be submitted in writing to Com-mandant (G–M), Coast Guard, 2100 Sec-ond Street SW., Washington, DC 20593–0001.

[CGD 91–034, 61 FR 1081, Jan. 12, 1996, asamended by CGD 96–026, 61 FR 33666, June 28,1996; CGD 97–023, 62 FR 33364, June 19, 1997]


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§ 155.1070 Procedures for plan review,revision, amendment, and appeal.

(a) A vessel response plan must be re-viewed annually by the owner or opera-tor.

(1) This review must occur within 1month of the anniversary date of CoastGuard approval of the plan.

(2) The owner or operator shall sub-mit any plan amendments to the CoastGuard for information or approval. Re-visions to a plan must include a coverpage that provides a summary of thechanges being made and the pagesbeing affected. Revised pages must fur-ther include the number of the revisionand date of that revision.

(3) Any required changes must be en-tered in the plan and noted on therecord of changes page. The completionof the annual review must also benoted on the record of changes page.

(b) The owner or operator of a vesselcovered by subparts D, E, F, and G ofthis part shall resubmit the entire planto the Coast Guard for approval—

(1) Six months before the end of theCoast Guard approval period identifiedin § 155.1065(c); and

(2) Whenever there is a change in theowner or operator of the vessel, if thatowner or operator provided the certify-ing statement required by § 155.1065(b).If this change occurs, a new statementcertifying that the plan continues tomeet the applicable requirements ofsubparts D, E, F, and G of this partmust be submitted.

(c) Revisions or amendments to anapproved response plan must be sub-mitted for approval by the vessel’sowner or operator whenever there is—

(1) A change in the owner or operatorof the vessel, if that owner or operatoris not the one who provided the certify-ing statement required by § 155.1065(b);

(2) A change in the vessel’s operatingarea that includes ports or geographicarea(s) not covered by the previouslyapproved plan. A vessel may operate inan area not covered in a previously ap-proved plan upon receipt of written ac-knowledgment by the Coast Guard thata new geographic-specific appendix hasbeen submitted for approval by the ves-sel’s owner or operator and the certifi-cation required in § 155.1025(c) has beenprovided;

(3) A significant change in the ves-sel’s configuration that affects the in-formation included in the responseplan;

(4) A change in the type of oil cargocarried aboard (oil group) that affectsthe required response resources, exceptas authorized by the COTP for purposesof assisting in an oil spill response ac-tivity;

(5) A change in the identification ofthe oil spill removal organization(s) orother response related resource re-quired by §§ 155.1050, 155.1052, 155.1230, or155.2230, as appropriate, except an oilspill removal organization required by§ 155.1050(d) which may be changed on acase by case basis for an oil spill re-moval organization previously classi-fied by the Coast Guard which has beenensured available by contract or otherapproved means;

(6) A significant change in the ves-sel’s emergency response procedures;

(7) A change in the qualified individ-ual;

(8) The addition of a vessel to theplan. This change must include the ves-sel-specific appendix required by thissubpart and the owner or operator’scertification required in § 155.1025(c); or

(9) Any other significant changesthat affect the implementation of theplan.

(d) Thirty days in advance of oper-ation, the owner or operator shall sub-mit any revision or amendments iden-tified in paragraph (c) of this section.The certification required in§ 155.1065(b) must be submitted alongwith the revisions or amendments.

(e) The Coast Guard may require avessel owner or operator to revise a re-sponse plan at any time if it is deter-mined that the response plan does notmeet the requirements of this subpart.The Coast Guard will notify the vesselowner or operator in writing of any de-ficiencies and any operating restric-tions. Deficiencies must be correctedand submitted for acceptance withinthe time period specified in the writtennotice provided by the Coast Guard orthe plan will be declared invalid andany further storage, transfer, handling,transporting or lightering of oil inareas subject to the jurisdiction of theUnited States will be in violation ofsection 311(j)(5)(E) of the Federal Water


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33 CFR Ch. I (7–1–98 Edition)§ 155.1110

Pollution Control Act (FWPCA) (33U.S.C. 1321(j)(5)(E)).

(f) A vessel owner or operator whodisagrees with a deficiency determina-tion may submit a petition for recon-sideration to Assistant Commandantfor Marine Safety and EnvironmentalProtection, Commandant (G–M), CoastGuard Headquarters, 2100 SecondStreet, SW., Washington, DC 20593–0001within the time period required forcompliance or within 7 days from thedate of receipt of the Coast Guard no-tice of a deficiency determination,whichever is less. After considering allrelevant material presented, the CoastGuard will notify the vessel owner oroperator of the final decision.

(1) Unless the vessel owner or opera-tor petitions for reconsideration of theCoast Guard’s decision, the vessel’sowner or operator must correct the re-sponse plan deficiencies within the pe-riod specified in the Coast Guard’s ini-tial determination.

(2) If the vessel owner or operator pe-titions the Coast Guard for reconsider-ation, the effective date of the CoastGuard notice of deficiency determina-tion may be delayed pending a decisionby the Coast Guard. Petitions to theCoast Guard must be submitted inwriting, via the Coast Guard officialwho issued the requirement to amendthe response plan, within 5 days of re-ceipt of the notice.

(g) Except as required in paragraph(c) of this section, amendments to per-sonnel and telephone number lists in-cluded in the response plan do not re-quire prior Coast Guard approval.

(h) The Coast Guard and all otherholders of the response plan shall beadvised of any revisions to personneland telephone numbers and provided acopy of these revisions as they occur.

[CGD 91–034, 61 FR 1081, Jan. 12, 1996, asamended by CGD 96–026, 61 FR 33666, June 28,1996; CGD 97–023, 62 FR 33364, June 19, 1997]

Subpart E—Additional ResponsePlan Requirements for TankersLoading Cargo at a FacilityPermitted Under the Trans-Alaska Pipeline AuthorizationAct


§ 155.1110 Purpose and applicability.

(a) This subpart establishes oil spillresponse planning requirements for anowner or operator of a tanker loadingcargo at a facility permitted under theTrans-Alaska Pipeline AuthorizationAct (TAPAA) (43 U.S.C. 1651 et seq.) inPrince William Sound, Alaska, in addi-tion to the requirements of subpart Dof this part. The requirements of thissubpart are intended for use in develop-ing response plans and identifying re-sponse resources during the planningprocess, they are not performancestandards.

(b) The information required in thissubpart must be included in a PrinceWilliam Sound geographic-specific ap-pendix to the vessel response plan re-quired by subpart D of this part.

§ 155.1115 Definitions.Except as provided in this section,

the definitions in § 155.1020 apply tothis subpart.

Prince William Sound means all Stateand Federal waters within Prince Wil-liam Sound, Alaska, including the ap-proach to Hinchinbrook Entrance outto and encompassing Seal Rock.

§ 155.1120 Operating restrictions andinterim operating authorization.

The owner or operator of a tanker towhich this subpart applies may notload cargo at a facility permittedunder the Trans-Alaska Pipeline Au-thorization Act unless the require-ments of this subpart and § 155.1025have been met. The owner or operatorof such a tanker shall certify to theCoast Guard that they have provided,


401


through an oil spill removal organiza-tion required by § 155.1125, the nec-essary response resources to remove, tothe maximum extent practicable, aworst case discharge or a discharge of200,000 barrels of oil, whichever isgreater, in Prince William Sound, AK.

§ 155.1125 Additional response plan re-quirements.

(a) The owner or operator of a tankersubject to this subpart shall includethe requirements of this section in thePrince William Sound geographic-spe-cific appendix required by subpart D ofthis part.

(1) The response plan must includeidentification of an oil spill removalorganization that shall—

(i) Perform response activities;(ii) Provide oil spill removal and con-

tainment training, including trainingin the operation of prepositioned equip-ment, for personnel, including localresidents and fishermen, from the fol-lowing locations in Prince WilliamSound—

(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 oftrained personnel with the necessarytechnical skills to remove, to the max-imum extent practicable, a worst casedischarge or a discharge of 200,000 bar-rels of oil, whichever is greater;

(iv) Provide a plan for training suffi-cient numbers of additional personnelto remove, to the maximum extentpracticable, a worst case discharge or adischarge of 200,000 barrels of oil,whichever is greater; and

(v) Address the responsibilities re-quired in § 155.1035(d)(4).

(2) The response plan must includeexercise procedures that must—

(i) Provide two exercises of the oilspill removal organization each year toensure prepositioned equipment andtrained personnel required under thissubpart perform effectively;

(ii) Provide for both announced andunannounced exercises; and

(iii) Provide for exercises that testeither the entire appendix or individualcomponents.

(3) The response plan must identify atesting, inspection, and certificationprogram for the prepositioned responseequipment required in § 155.1130 thatmust provide for—

(i) Annual testing and equipment in-spection in accordance with the manu-facturer’s recommended procedures, toinclude—

(A) Start-up and running under loadof all electrical motors, pumps, powerpacks, air compressors, internal com-bustion engines, and oil recovery de-vices; and

(B) Removal of no less than one-thirdof required boom from storage annu-ally, such that all boom will have beenremoved and examined within a periodof 3 years;

(ii) Records of equipment tests andinspection; and

(iii) Use of an independent entity tocertify that the equipment is on-siteand in good operating condition andthat required tests and inspectionshave been performed. The independententity must have appropriate trainingand expertise to provide this certifi-cation.

(4) The response plan must identifyand give the location of theprepositioned response equipment re-quired in § 155.1130 including the make,model, and effective daily recoveryrate of each oil recovery resource.

(b) The owner or operator shall sub-mit to the COTP for approval, no laterthan September 30th of each calendaryear, a schedule for the training andexercises required by the geographic-specific appendix for Prince WilliamSound for the following calendar year.

(c) All records required by this sec-tion must be available for inspectionby the Coast Guard and must be main-tained for a period of 3 years.

§ 155.1130 Requirements forprepositioned response equipment.

The owner or operator of a tankersubject to this subpart shall providethe following prepositioned responseequipment, located within Prince Wil-liam Sound, in addition to that re-quired by § 155.1035:


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33 CFR Ch. I (7–1–98 Edition)§ 155.1135

(a) On-water recovery equipmentwith a minimum effective daily recov-ery capacity of 30,000 barrels, capableof being on scene within 6 hours of no-tification of a discharge.

(b) On-water storage capacity of100,000 barrels, capable of being onscene within 6 hours of notification ofa discharge.

(c) Additional on-water recoveryequipment with a minimum effectivedaily recovery capacity of 40,000 barrelscapable of being on scene within 18hours of notification of a discharge.

(d) On-water storage capacity of300,000 barrels for recovered oily mate-rial, capable of being on scene within 24hours of notification of a discharge.

(e) On-water oil recovery devices andstorage equipment located in commu-nities and at strategic locations.

(f) For sufficient protection of theenvironment in the locations identifiedin § 155.1125(a)(1)(ii)—

(1) Boom appropriate for the specificlocations;

(2) Sufficient boats to deploy boomand sorbents;

(3) Sorbents including booms, sweeps,pads, blankets, drums and plastic bags;

(4) Personnel protective clothing andequipment;

(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 positioningof defensive boom; and

(12) Other appropriate removal equip-ment for the protection of the environ-ment as identified by the COTP.

(g) For each oil-laden tanker, an es-corting response vessel which is fittedwith skimming and on board storagecapabilities practicable for the initialoil recovery planned for a cleanup op-eration, as identified by the oil spill re-moval organization.

(h) Lightering resources required in§ 155.1050(l) capable of arriving on scenewithin 6 hours of notification of a dis-charge.

§ 155.1135 Response plan developmentand evaluation criteria.

For tankers subject to this subpart,the following response times must beused in determining the on-scene arriv-al time in Prince William Sound, forthe response resources required by§ 155.1050:


Prince William Sound 12 hrs ...... 24 hrs ...... 36 hrs

§ 155.1145 Submission and approvalprocedures.

An appendix prepared under this sub-part must be submitted and approvedin accordance with § 155.1065.

§ 155.1150 Plan revision and amend-ment procedures.

An appendix prepared and submittedunder this subpart must be revised andamended, as necessary, in accordancewith § 155.1070.

Subpart F—Response plan re-quirements for vessels carry-ing animal fats and vegetableoils as a primary cargo


§ 155.1210 Purpose and applicability.

This subpart establishes oil spill re-sponse planning requirements for anowner or operator of a vessel carryinganimal fats and vegetable oils as a pri-mary cargo. The requirements of thissubpart are intended for use in develop-ing response plans and identifying re-sponse resources during the planningprocess. They are not performancestandards.

§ 155.1225 Response plan submissionrequirements.

An owner or operator of a vessel car-rying animal fats and vegetable oils asa primary cargo shall submit a re-sponse plan in accordance with the re-quirements of this subpart, and withall sections of subpart D of this part,except §§ 155.1050 and 155.1052.


403



(a) Owners and operators of vesselsthat carry animal fats or vegetable oilsas a primary cargo must provide infor-mation in their plan that identifies—

(1) Procedures and strategies for re-sponding to a worst case discharge ofanimal fats or vegetable oils to themaximum extent practicable; and

(2) Sources of the equipment and sup-plies necessary to contain, recover, andmitigate such a discharge.

(b) An owner or operator of a vesselcarrying animal fats or vegetable oilsas a primary cargo must ensure thatany equipment identified in a responseplan is capable of operating in the con-ditions expected in the geographicarea(s) in which the vessel operatesusing the criteria in Table 1 of Appen-dix B of this part. When evaluating theoperability of equipment, the vesselowner or operator must consider limi-tations that are identified in the AreaContingency Plans for the COTP zonesin which the vessel operates, includ-ing—

(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 oilsas a primary cargo must identify in theresponse plan and ensure, through con-tract or other approved means, theavailability of required equipment in-cluding—

(1) Containment boom, sorbent boom,or other methods for containing oilfloating on the surface or to protectshorelines from impact;

(2) Oil recovery devices appropriatefor the type of animal fats or vegetableoils carried; and

(3) Other appropriate equipment nec-essary to respond to a discharge involv-ing the type of animal fats or vegetableoils carried.

(d) Response resources identified in aresponse plan under paragraph (c) ofthis section must be capable of arrivingon-scene within the applicable Tier 1response times specified in this para-graph. An oil spill removal organiza-tion may not be listed in the plan un-less the organization has provided writ-ten consent to be listed in the plan as

an available resource. Response timesfrom the time of discovery of a dis-charge are as follows:


Higher volume portarea.

12 hrs ...... N/A .......... N/A

Great Lakes .............. 18 hrs ...... N/A .......... N/AAll other rivers and

canals, inland,nearshore, and off-shore areaas.

24 hrs ...... N/A .......... N/A


24 hrs+ .... N/A .......... N/A

(e) The owner or operator of a vesselcarrying animal fats or vegetable oilsas a primary cargo must identify in theresponse plan and ensure the availabil-ity of the following resources throughcontract or other approved means:

(1) A salvage company with appro-priate expertise and equipment.


(f) Vessel owners or operators mustidentify intended sources of the re-sources required under paragraph (e) ofthis section capable of being deployedto the areas in which the vessel will op-erate. A company may not be listed inthe plan unless the company has pro-vided written consent to be listed inthe plan as an available resource. Tomeet this requirement in a responseplan submitted for approval or re-approval on or after February 18, 1998,the vessel owner or operator must iden-tify both the intended sources of thiscapability and demonstrate that theresources are capable of being deployedto the port nearest to the area wherethe vessel operates within 24 hours ofdiscovery of a discharge.

(g) The owner or operator of a vesselcarrying animal fats or vegetable oilsas a primary cargo must identify in theresponse plan, and ensure the availabil-ity of, through contract or other ap-proved means, certain resources re-quired by subpart D, § 155.1035(c)(5)(ii)and § 155.1040(c)(5)(i), as applicable.


equipment; and


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33 CFR Ch. I (7–1–98 Edition)§ 155.2210

(iii) Portable pumps and ancillaryequipment necessary to offload the ves-sel’s largest cargo tank in 24 hours ofcontinuous operation.






(h) The response plan for a vesselthat is located in any environmentwith year-round preapproval for use ofdispersants suitable for animal fats andvegetable oils and that handles, stores,or transports animal fats or vegetableoils may request a credit for up to 25percent of the worst case planning vol-ume set forth by subpart D of this part.To receive this credit, the vessel owneror operator must identify in the planand ensure, by contract or other ap-proved means, the availability of speci-fied resources to apply the dispersantsand to monitor their effectiveness. Toextent of the credit will be based onthe volumes of the dispersant availableto sustain operations at the manufac-turers’ recommended dosage rates.Other spill mitigation techniques, in-cluding mechanical dispersal, may beidentified in the response plan, pro-vided they are in accordance with theNCP and the applicable ACP. Resourcesidentified for plan credit should be ca-pable of being on scene within 12 hoursof a discovery of a discharge. Identi-fication of these resources does notimply that they will be authorized foruse. Actual authorization for use dur-ing the spill response will be governedby the provisions of the NCP and theapplicable ACP.

Subpart G—Response Plan Re-quirements for Vessels Carry-ing Other Non-Petroleum Oilsas a Primary Cargo


§ 155.2210 Purpose and applicability.This subpart establishes oil spill re-

sponse planning requirements for anowner or operator of a vessel carryingother non-petroleum oils as a primarycargo. The requirements of this sub-part are intended for use in developingresponse plans and identifying responseresources during the planning process.They are not performance standards.

§ 155.2225 Response plan submissionrequirements.

An owner or operator of a vessel car-rying other non-petroleum oils as a pri-mary cargo shall submit a responseplan in accordance with the require-ments of this subpart, and with all sec-tions of subpart D of this part, except§§ 155.1050 and 155.1052.


(a) Owners and operators of vesselsthat carry other non-petroleum oil as aprimary cargo must provide informa-tion in their plan that identifies—

(1) Procedures and strategies for re-sponding to a worst case discharge ofother non-petroleum oils to the maxi-mum extent practicable; and

(2) Sources of the equipment and sup-plies necessary to contain, recover, andmitigate such a discharge.

(b) An owner or operator of a vesselcarrying other non-petroleum oil as aprimary cargo must ensure that anyequipment identified in a response planis capable of operating in the condi-tions expected in the geographicarea(s) in which the vessel operatesusing the criteria in Table 1 of Appen-dix B of this part. When evaluating theoperability of equipment, the vesselowner or operator must consider limi-tations that are identified in the AreaContingency Plans for the COTP zonesin which the vessel operates, includ-ing—

(1) Ice conditions;


405


(2) Debris;(3) Temperature ranges; and(4) Weather-related visibility.(c) The owner or operator of a vessel

carrying other non-petroleum oil as aprimary cargo must identify in the re-sponse plan and ensure, through con-tract or other approved means, theavailability of required equipment in-cluding—

(1) Containment boom, sorbent boom,or other methods for containing oilfloating on the surface or to protectshorelines from impact;

(2) Oil recovery devices appropriatefor the type of other non-petroleum oilcarried; and

(3) Other appropriate equipment nec-essary to respond to a discharge involv-ing the type of other non-petroleum oilcarried.

(d) Response resources identified in aresponse plan under paragraph (c) ofthis section must be capable of arrivingon-scene within the applicable Tier 1response times specified in this para-graph. An oil spill removal organiza-tion may not be listed in the plan un-less the organization has provided writ-ten consent to be listed in the plan asan available resource. Response timesfrom the time of discovery of a dis-charge are as follow:


Higher volume portarea.

12 hrs ...... N/A .......... N/A

Great Lakes .............. 18 hrs ...... N/A .......... N/AAll other rivers and

canals, inland,nearshore, and off-shore areas.

24 hrs ...... N/A .......... N/A


24 hrs+ .... N/A .......... N/A

(e) The owner or operator of a vesselcarrying other non-petroleum oil as aprimary cargo must identify in the re-sponse plan and ensure the availabilityof the following resources through con-tract or other approved means:

(1) A salvage company with appro-priate expertise and equipment.


(f) Vessel owners or operators mustidentify intended sources of the re-sources required under paragraph (e) of

this section capable of being deployedto the areas in which the vessel will op-erate. A company may not be listed inthe plan unless the company has pro-vided written consent to be listed inthe plan as an available resource. Tomeet this requirement in a responseplan submitted for approval or re-approval on or after February 18, 1998,the vessel owner or operator must iden-tify both the intended sources of thiscapability and demonstrate that theresources are capable of being deployedto the port nearest to the area wherethe vessel operates within 24 hours ofdiscovery of a discharge.

(g) The owner or operator of a vesselcarrying other non-petroleum oil as aprimary cargo must identify in the re-sponse plan, and ensure the availabil-ity of, through contract or other ap-proved means, certain resources re-quired by subpart D of this part,§ 155.1035(c)(5)(ii) and § 155.1040(c)(5)(i) ofthis part, as applicable.









(h) The response plan for a vesselthat is located in any environmentwith year-round preapproval for use ofdispersants and that handles, stores, ortransports other non-petroleum oils


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may request a credit for up to 25 per-cent of the worst case planning volumeset forth by subpart D of this part. Toreceive this credit, the vessel owner oroperator must identify in the plan andensure, by contract or other approvedmeans, the availability of specified re-sources to apply the dispersants and tomonitor their effectiveness. The extentof the credit will be based on the vol-umes of the dispersant available to sus-tain operations at the manufacturers’recommended dosage rates. Identifica-tion of these resources does not implythat they will be authorized for use.Actual authorization for use during aspill response will be governed by theprovisions of the NCP and the applica-ble ACP.

APPENDIX A TO PART 155—SPECIFICATIONSFOR SHORE CONNECTION

[See §§ 340, 350, 370 and 380 of this Part]

Item Description Dimension

1 ................. Outside diame-ter.

215 mm. (8 in.).

2 ................. Inside diameter According to pipe outside di-ameter.

3 ................. Bolt circle diam-eter.

183 mm. (7 3⁄16 in.).

4 ................. Slots in flange .. 6 holes 22 mm. (7⁄8 in.) indiameter shall beequidistantly placed on abolt circle of the above di-ameter, slotted to theflange periphery. The slotwidth is to be 22 mm. (7⁄8in.).

5 ................. Flange thick-ness.

20 mm. (3⁄4 in.).

6 ................. Bolts and nuts .. 6, each of 20 mm. (3⁄4 in.) indiameter and of suitablelength.

The flange must be of steel having a flat face, with a gasketof oilproof material, and must be suitable for a service pres-sure of 6 kg./cm.2 (85 p.s.i.).

The steel materials used must meet the material specifica-tions of standard B16.5, Steel Pipe Flanges and Flanged Fit-tings of the American National Standards Institute. (See§ 154.106 of this chapter.)

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

APPENDIX B TO PART 155—DETERMININGAND EVALUATING REQUIRED RE-SPONSE RESOURCES FOR VESSEL RE-SPONSE PLANS

1. Purpose

1.1 The purpose of this appendix is to de-scribe the procedures for identifying re-sponse resources to meet the requirements ofsubparts D, E, F, and G of this part. Theseguidelines will be used by the vessel owner oroperator in preparing the response plan and

by the Coast Guard to review vessel responseplans. Response plans submitted under sub-parts F and G of this part will be evaluatedunder the guidelines in section 2 and Table 1of this appendix.

2. Equipment Operability and Readiness

2.1 All equipment identified in a responseplan must be capable of operating in the con-ditions expected in the geographic area inwhich a vessel operates. These conditionsvary widely based on the location and sea-son. Therefore, it is difficult to identify asingle stockpile of response equipment thatwill function effectively in every geographiclocation.

2.2 Vessels storing, handling, or trans-porting oil in more than one operating envi-ronment as indicated in Table 1 must iden-tify equipment capable of successfully func-tioning in each operating environment. Forexample, vessels moving from the ocean to ariver port must identify appropriate equip-ment designed to meet the criteria fortransiting oceans, inland waterways, rivers,and canals. This equipment may be designedto operate in all of these environments or,more likely, different equipment may be de-signed for use in each area.

2.3 When identifying equipment for re-sponse plan credit, a vessel owner or opera-tor must consider the inherent limitations inthe operability of equipment componentsand response systems. The criteria in Table1 of this appendix must be used for evaluat-ing the operability in a given environment.These criteria reflect the general conditionsin certain operating areas.

2.4 Table 1 of this appendix lists criteriafor oil recovery devices and boom. All otherequipment necessary to sustain or supportresponse operations in a geographic areamust be designed to function in the sameconditions. For example, boats which deployor support skimmers or boom must be capa-ble of being safely operated in the significantwave heights listed for the applicable operat-ing environment. The Coast Guard may re-quire documentation that the boom identi-fied in a response plan meets the criteria inTable 1 of this appendix. Absent acceptabledocumentation, the Coast Guard may requirethat the boom be tested to demonstrate thatit meets the criteria in Table 1 of this appen-dix. Testing must be in accordance with cer-tain American Society for Testing Materials(ASTM) standards [ASTM F 715–81 (Re-approved 1986), Standard Methods of TestingSpill Control Barrier Membrane Materials,and ASTM F 989–86, Standard Test Methodsfor Spill Control Barrier Tension Members],or other tests approved by the Coast Guard.

2.5 A vessel owner or operator must referto the applicable Area Contingency Plan todetermine if ice, debris, and weather-relatedvisibility are significant factors in evaluat-ing the operability of equipment. The Area


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Coast Guard, DOT Pt. 155, App. A

Contingency Plan will also identify the aver-age temperature ranges expected in a geo-graphic area in which a vessel operates. Allequipment identified in a response plan mustbe designed to operate within those condi-tions or ranges.

2.6 The requirements of subparts D, E, F,and G of this part establish response re-source mobilization and response times. Thelocation that the vessel operates farthestfrom the storage location of the response re-sources must be used to determine whetherthe resources are capable of arriving onscene within the time required. A vesselowner or operator shall include the time fornotification, mobilization, and travel time ofresources identified to meet the maximummost probable discharge and Tier 1 worstcase discharge requirements. For subparts Dand E of this part, tier 2 and 3 resourcesmust be notified and mobilized as necessaryto meet the requirements for arrival onscene. An on-water speed of 5 knots and aland speed of 35 miles per hour is assumed,unless the vessel owner or operator can dem-onstrate otherwise.

2.7 For subparts D and E of this part, inidentifying equipment, the vessel owner oroperator shall list the storage location,quantity, and manufacturer’s make andmodel, unless the oil spill removal organiza-tion(s) providing the necessary response re-sources have been evaluated by the CoastGuard, and their capability has been deter-mined to equal or exceed the response capa-bility needed by the vessel. For oil recoverydevices, the effective daily recovery capac-ity, as determined using section 6 of this ap-pendix, must be included. For boom, theoverall boom height (draft plus freeboard)must be included. A vessel owner or operatoris responsible for ensuring that identifiedboom has compatible connectors.

2.8 For subparts F and G of this part, inidentifying equipment, the vessel owner oroperator shall list the storage location,quantity, and manufacturer’s make andmodel, unless the oil spill removal organiza-tion(s) providing the necessary response re-sources have been evaluated by the CoastGuard, and their capability has been deter-mined to equal or exceed the response capa-bility needed by the vessel. For boom, theoverall boom height (draft plus freeboard)must be included. A vessel owner of operatoris responsible for ensuring that identifiedboom has compatible connectors.

3. Determining Response Resources Required forthe Average Most Probable Discharge

3.1 A vessel owner or operator shall iden-tify and ensure, by contract or other ap-proved means, that sufficient response re-sources are available to respond to the 50-barrel average most probable discharge atthe point of an oil transfer involving a vesselthat carries oil as a primary cargo. The

equipment must be designed to function inthe operating environment at the point of oiltransfer. These resources must include—

3.1.1 Containment boom in a quantityequal to twice the length of the largest ves-sel involved in the transfer capable of beingdeployed within 1 hour of the detection of aspill at the site of oil transfer operations. Ifthe transfer operation is more than 12 milesfrom shore, the containment boom must bedeployed within 1 hour plus the travel timefrom the nearest shoreline at a speed of 5knots.

3.1.2 Oil recovery devices with an effec-tive daily recovery capacity of 50 barrels orgreater available at the transfer site within2 hours of the detection of an oil discharge.

3.1.3 Oil storage capacity for recoveredoily material indicated in section 9.2 of thisappendix.

4. Determining Response Resources Required forthe Maximum Most Probable Discharge

4.1 A vessel owner or operator shall iden-tify and ensure, by contract or other ap-proved means, that sufficient response re-sources are available to respond to dis-charges up to the maximum most probabledischarge volume for that vessel. The re-sources should be capable of containing andcollecting up to 2,500 barrels of oil. All equip-ment identified must be designed to operatein the applicable operating environmentspecified in table 1 of this appendix.

4.2 To determine the maximum mostprobable discharge volume to be used forplanning, use the lesser of—

4.2.1 2500 barrels; or4.2.2 10 percent of the total oil cargo ca-

pacity.4.3 Oil recovery devices necessary to meet

the applicable maximum most probable dis-charge volume planning criteria must be lo-cated such that they arrive on scene within12 hours of the discovery of a discharge inhigher volume port areas and the GreatLakes, 24 hours in all other rivers and ca-nals, inland, nearshore, and offshore areas,and 24 hours plus travel time from shore inall open ocean areas.

4.3.1 Because rapid control, containment,and removal of oil is critical to reduce spillimpact, the effective daily recovery capacityfor oil recovery devices must equal 50% ofthe planning volume applicable for the vesselas determined in section 4.2 of this appendix.The effective daily recovery capacity for oilrecovery devices identified in the plan mustbe determined using the criteria in section 6of this appendix.

4.4 In addition to oil recovery capacity,the vessel owner or operator must identify inthe response plan and ensure the availabilityof, through contract or other approvedmeans, sufficient boom available within therequired response times for oil connectionand containment, and for protection of


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shoreline areas. While the regulation doesnot set required quantities of boom for oilcollection and containment, the owner or op-erator of a vessel must still identify in a re-sponse plan and ensure, through contract orother approved means, the availability of theboom identified in the plan for this purpose.

4.5 The plan must indicate the availabil-ity of temporary storage capacity to meetthe requirements of section 9.2 of this appen-dix. If available storage capacity is insuffi-cient to meet this requirement, the effectivedaily recovery capacity must be downgradedto the limits of the available storage capac-ity.

4.6 The following is an example of a maxi-mum most probable discharge volume plan-ning calculation for equipment identifica-tion in a higher volume port area:

The vessel’s cargo capacity is 10,000 bar-rels, thus the planning volume is 10 percentor 1,000 barrels. The effective daily recoverycapacity must be 50 percent of the planningvolume, for 500 barrels per day. The abilityof oil recovery devices to meet this capacitywill be calculated using the procedures insection 6 of this appendix. Temporary stor-age capacity available on scene must equaltwice the daily recovery capacity as indi-cated in section 9 of this appendix, or 1000barrels per day. This figure would representthe information the vessel owner or operatorwould use to identify and ensure the avail-ability of, through contract or other ap-proved means, the required response re-sources. The vessel owner would also need toidentify how much boom was available foruse.

5. Determining Response Resources Required forthe Worst Case Discharge to the Maximum Ex-tent Practicable

5.1 A vessel owner or operator shall iden-tify and ensure, by contract or other ap-proved means, that sufficient response re-sources are available to respond to the worstcase discharge of oil cargo to the maximumextent practicable. Section 7 of this appendixdescribes the method to determine the re-quired response resources.

5.2 Oil spill recovery devices identified tomeet the applicable worst case dischargeplanning volume must be located such thatthey can arrive at the scene of a dischargewithin the time specified for the applicableresponse tier listed in § 155.1050(g).

5.3 The effective daily recovery capacityfor oil recovery devices identified in a re-sponse plan must be determined using thecriteria in section 6 of this appendix. A ves-sel owner or operator shall identify the stor-age locations of all equipment that must beused to fulfill the requirements for each tier.

5.4 A vessel owner or operator shall iden-tify the availability of temporary storage ca-pacity to meet the requirements of section9.2 of this appendix. If available storage ca-

pacity is insufficient to meet this require-ment, then the effective daily recovery ca-pacity must be downgraded to the limits ofthe available storage capacity.

5.5 When selecting response resources nec-essary to meet the response plan require-ments, the vessel owner or operator must en-sure that a portion of those resources are ca-pable of being used in close-to-shore responseactivities in shallow water. The followingpercentages of the on-water response equip-ment identified for the applicable geographicarea must be capable of operating in watersof 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 de-

vices and temporary storage capacity, a ves-sel owner or operator shall identify in the re-sponse plan and ensure the availability of,through contract or other approved means,sufficient boom that can arrive on scenewithin the required response times for oilcontainment and collection. The specificquantity of boom required for collection andcontainment will depend on the specific re-covery equipment and strategies employed.Table 2 of this appendix lists the minimumquantities of additional boom required forshoreline protection that a vessel owner oroperator shall identify in the response planand ensure the availability of, through con-tract or other approved means.

5.7 A vessel owner or operator shall alsoidentify in the response plan and ensure, bycontract or other approved means, the avail-ability of an oil spill removal organizationcapable of responding to a shoreline cleanupoperation involving the calculated volume ofemulsified oil that might impact the affectedshoreline. The volume of oil for which a ves-sel owner or operator should plan should becalculated through the application of factorscontained in Tables 3 and 4 of this appendix.The volume calculated from these tables isintended to assist the vessel owner or opera-tor in identifying a contractor with suffi-cient resources. This planning volume is notused explicitly to determine a requiredamount of equipment and personnel.

6. Determining Effective Daily RecoveryCapacity for Oil Recovery Devices

6.1 Oil recovery devices identified by avessel owner or operator must be identifiedby manufacturer, model, and effective dailyrecovery capacity. These capacities must beto meet the applicable planning criteria forthe average most probable discharge; maxi-mum most probable discharge; and worstcase discharge to the maximum extent prac-ticable.

6.2 For the purposes of determining theeffective daily recovery capacity of oil recov-ery devices, the following method will be


409


used. This method considers potential limi-tations due to available daylight, weather,sea state, and percentage of emulsified oil inthe recovered material. The Coast Guardmay assign a lower efficiency factor toequipment listed in a response plan if it de-termines that such a reduction is warranted.

6.2.1 The following formula must be usedto calculate the effective daily recovery ca-pacity:

R=T×24×E

R—Effective daily recovery capacityT—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, throughputrate will be calculated using the pump ca-pacity.

6.2.3 For belt or mop type devices, thethroughput rate will be calculated usingdata provided by the manufacturer on thenameplate rated capacity for the device.

6.2.4 Vessel owners or operators includingin the response plan oil recovery deviceswhose throughput is not measurable using apump capacity or belt or mop capacity mayprovide information to support an alter-native method of calculation. This informa-tion must be submitted following the proce-dures in section 6.5 of this appendix.

6.3 As an alternative to section 6.2 of thisappendix, a vessel owner or operator maysubmit adequate evidence that a different ef-fective daily recovery capacity should be ap-plied for a specific oil recovery device. Ade-quate evidence is actual verified perform-ance data in spill conditions or test usingcertain ASTM standards [ASTM F 631–80, Re-approved 1985) Standard Method for TestingFull Scale Advancing Spill Removal Devices,and ASTM F 808–83 (1988), Standard Guide forCollecting Skimmer Performance Data inUncontrolled Environments], or an equiva-lent test approved by the Coast Guard.

6.3.1 The following formula must be usedto calculate the effective daily recovery ca-pacity under this alternative:

R=D×U

R—Effective daily recovery capacityD—Average Oil Recovery Rate in barrels per

hour (Item 26 in ASTM F 808; Item 13.1.15in ASTM F 631; or actual performancedata)

U—Hours per day that a vessel owner or op-erator can document capability to oper-ate equipment under spill conditions.Ten hours per day must be used unless avessel owner or operator can dem-onstrate that the recovery operation canbe sustained for longer periods.

6.4 A vessel owner or operator submittinga response plan shall provide data that sup-ports the effective daily recovery capacities

for the oil recovery devices listed. The fol-lowing is an example of these calculations:

A weir skimmer identified in a responseplan has a manufacturer’s rated throughputat the pump of 267 gallons per minute (gpm).

267 gpm=381 barrels per hourR=381×24×.2=1,829 barrels per day

After testing using ASTM procedures, theskimmer’s oil recovery rate is determined tobe 220 gpm. The vessel owner or operatoridentifies sufficient resources available tosupport operations 12 hours per day.

220 gpm=314 barrels per hourR=314×12=3,768 barrels per day

A vessel owner or operator will be able touse the higher capacity if sufficient tem-porary oil storage capacity is available.

6.5 Determinations of alternative effi-ciency factors under section 6.2 or alter-native effective daily recovery capacitiesunder section 6.3 of this appendix will bemade by Commandant (G–MOR), CoastGuard Headquarters, 2100 Second Street SW.,Washington, DC 20593. Oil spill removal orga-nizations or equipment manufacturers maysubmit required information on behalf ofmultiple vessel owners or operators.

7. Calculating the Worst Case DischargePlanning Volumes

7.1 A vessel owner or operator shall planfor a response to a vessel’s worst case dis-charge volume of oil cargo. The planning foron-water recovery must take into account aloss of some oil to the environment due toevaporations and natural dissipation, poten-tial increases in volume due to emulsi-fication, and the potential for deposit ofsome oil on the shoreline.

7.2 The following procedures must be usedto calculate the planning volume used by avessel owner or operator for determining re-quired on-water recovery capacity:

7.2.1 The following must be determined:the total volume of oil cargo carried; the ap-propriate cargo group for the type of petro-leum oil carried [persistent (groups II, III,and IV) or non-persistent (group I)]; and thegeographic area(s) in which the vessel oper-ates. For vessels carrying mixed cargoesfrom different petroleum oil groups, eachgroup must be calculated separately. This in-formation is to be used with Table 3 of thisappendix to determine the percentages of thetotal cargo volume to be used for removalcapacity planning. This table divides thecargo volume into three categories: oil lostto the environment; oil deposited on theshoreline; and oil available for on-water re-covery.

7.2.2 The on-water oil recovery volumemust be adjusted using the appropriateemulsification factor found in Table 4 of thisappendix.


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7.2.3 The adjusted volume is multiplied bythe on-water oil recovery resource mobiliza-tion factor found in Table 5 of this appendixfrom the appropriate operating area and re-sponse tier to determine the total on-wateroil recovery capacity in barrels per day thatmust be identified or contracted for to arriveon scene within the applicable time for eachresponse tier. Three tiers are specified. Forhigher volume port areas, the contractedtiers of resources must be located such thatthey can arrive on scene within 12, 36, and 60hours 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, thesetiers are 24, 48, and 72 hours with an addi-tional travel time allowance of 1 hour forevery additional 5 nautical miles from shore.

7.2.4 The resulting on-water recovery ca-pacity in barrels per day for each tier is usedto identify response resources necessary tosustain operations in the applicable geo-graphic area. The equipment must be capableof sustaining operations for the time periodspecified in Table 3 of this appendix. A vesselowner or operator shall identify and ensurethe availability of, through contract or otherapproved means, sufficient oil spill recoverydevices to provide the effective daily oil re-covery capacity required. If the required ca-pacity exceeds the applicable cap describedin Table 6 of this appendix, then a vesselowner or operator must contract only for thequantity of resources required to meet thecap, but shall identify sources of additionalresources as indicated in § 155.1050(o). Theowner or operator of a vessel whose planningvolume exceeded the cap in 1993 should planfor additional capacity to be under contractby 1998 or 2003, as appropriate. For a vesselthat carries multiple groups of oil, the re-quired effective daily recovery capacity foreach group is calculated and summed beforeapplying the cap.

7.3 The following procedures must be usedto calculate the planning volume for identi-fying shoreline cleanup capacity:

7.3.1 The following must be determined:the total volume of oil cargo carried; the ap-propriate cargo group for the type of petro-leum oil carried [persistent (groups II, III,and IV) or non-persistent (group I)]; and thegeographic area(s) in which the vessel oper-ates. For a vessel carrying cargoes from dif-ferent oil groups, each group must be cal-culated separately. Using this information,Table 3 of this appendix must be used to de-

termine the percentages of the total cargovolume to be used for shoreline cleanup re-source planning.

7.3.2 The shoreline cleanup planning vol-ume must be adjusted to reflect an emulsi-fication factor using the same procedure asdescribed in section 7.2.2 of this appendix.

7.3.3 The resulting volume will be used toidentify an oil spill removal organizationwith the appropriate shoreline cleanup capa-bility.

7.4 The following is an example of the pro-cedure described above:

A vessel with a 100,000 barrel capacity for#6 oil (specific gravity .96) will move from ahigher volume port area to another area. Thevessel’s route will be 70 miles from shore.

Cargo carried: 100,000 bbls. Group IV oilEmulsification factor (from Table 4 ofthis appendix): 1.4 Areas transited: In-land, Nearshore, Offshore, Open ocean

Planned % on-water recovery (from Table 3of this appendix):

Inland 50%Nearshore 50%Offshore 40%Open ocean 20%

Planned % oil onshore recovery (from Table3 of this appendix):

Inland 70%Nearshore 70%Offshore 30%Open ocean 30%

General formula to determine planning vol-ume:

(planning volume)=(capacity)×(% from Table3 of this appendix)×(emulsification factorfrom Table 4 of this appendix)

Planning volumes for on-water recovery:Inland 100,000×.5×1.4=70,000 bblsNearshore 100,000×.5×1.4=70,000 bblsOffshore 100,000×.4×1.4=56,000 bblsOpen ocean 100,000×.2×1.4=28,000 bbls

Planning volumes for on shore recovery:Inland 100,000×.7×1.4=98,000 bblsNearshore 100,000×.7×1.4=98,000 bblsOffshore 100,000×.3×1.4=42,000 bblsThe vessel owner or operator must con-

tract with a response resource capable ofmanaging a 98,000-barrel shoreline clean-up in those areas where the vessel comescloser than 50 miles to shore.

Determining required resources for on-water recovery for each tier using mobiliza-tion factors: (barrel per day on-water recov-ery requirements)=(on-water planning vol-ume as calculated above)×(mobilization fac-tor from Table 5 of this appendix).


Inland/Nearshore 70,000 .............................................................................................. × .15 .25 .40Offshore 56,000 ............................................................................................................ × .10 .165 .21Open ocean 28,000 ...................................................................................................... × .06 .10 .12

equals (barrels per day)

Inland/Nearshore .......................................................................................................... 10,500 17,500 28,000


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Offshore ........................................................................................................................ 5,600 9,240 11,760Open ocean .................................................................................................................. 1,680 2,800 3,360

Since the requirements for Tier 1 for in-land and nearshore exceed the caps, the ves-sel owner would only need to contract for10,000 barrels per day for Tier 1. No addi-tional equipment would be required to beidentified because the required Tier 3 re-sources are below the Tier 3 caps.

10% of the on-water recovery capability foroffshore, and 20% of the capability for in-land/nearshore, for all tiers, must be capableof operating in water with a depth of 6 feetor less.

The vessel owner or operator would also berequired to identify or contract for quan-tities of boom identified in Table 2 of thisappendix for the areas in which the vesseloperates.

8. Determining the Availability of High-RateResponse Methods

8.1 Response plans for a vessel carryinggroup II or III persistent oil as a primarycargo that operates in an area with year-round pre-approval for dispersant use mayreceive credit for up to 25 percent of their re-quired on-water recovery capacity in thatarea for 1993 if the availability of these re-sources are ensured by contract or other ap-proved means. For response plan credit,these resources must be capable of being onscene within 12 hours of the discovery of adischarge.

8.2 To receive credit against any requiredon-water recovery capacity, a response planmust identify the locations of dispersantstockpiles, methods of transporting to ashoreside staging area, and appropriate air-craft or vessels to apply the dispersant andmonitor its effectiveness at the scene of anoil discharge.

8.2.1 Sufficient volumes of dispersantsmust be available to treat the oil at the dos-age rate recommended by the dispersantmanufacturer. Dispersants identified in a re-sponse plan must be on the National Contin-gency Plan Product Schedule maintained bythe U.S. Environmental Protection Agency.(Some States have a list of approveddispersants and within State waters onlythey can be used.)

8.2.2 Dispersant application equipmentidentified in a response plan for credit mustbe located such that it can be mobilized toshoreside staging areas to meet the time re-quirements in section 8.1 of this appendix.Sufficient equipment capacity and sources ofappropriate dispersants must be identified tosustain dispersant operations for at least 3days.

8.2.3 Credit against on-water recovery ca-pacity in pre-approved areas will be based onthe ability to treat oil at a rate equivalentto this credit. For example, a 2,500 barrelsper day credit against the 10,000 barrels perday on-water Tier 1 cap would require thevessel owner or operator to demonstrate theability to treat 2,500 barrels per day of oil atthe manufacturer’s recommended dosagerate. Assuming a dosage rate of 10:1, the planwould need to show stockpiles and sources of750 barrels of dispersants that would beavailable on scene at a rate of 250 barrels perday and the ability to apply the dispersantat the daily rate for 3 days in the area inwhich the vessel operates. Similar datawould need to be provided for any additionalcredit against Tier 2 and 3 resources.

8.3 In addition to the equipment and sup-plies required, a vessel owner or operatorshall identify a source of support to conductthe monitoring and post-use effectivenessevaluation required by applicable Local andArea Contingency Plans.

8.4 Identification of the resources for dis-persant application does not imply that theuse of this technique will be authorized. Ac-tual authorization for use during a spill re-sponse will be governed by the provisions ofthe National Oil and Hazardous SubstancesContingency Plan (40 CFR part 300) and theapplicable Local or Area Contingency Plan.

8.5 In addition to the credit identifiedabove, a vessel owners or operators that op-erates in areas pre-approved for dispersantuse may reduce their required on-water re-covery cap increases for 1998 and 2003 by upto 50% by identifying non-mechanical meth-ods.

8.6 The use of in-situ burning as a non-mechanical response method is still beingstudied. Because limitations and uncertain-ties remain for the use of this method, itmay not be used to reduce required oil recov-ery capacity in 1993. Use of this or other al-ternative high-rate methods for a portion ofthe required cap increase in 1998 will be de-termined during the cap increase review in1996.

9. Additional Equipment Necessary to SustainResponse Operations

9.1 A vessel owner or operator is respon-sible for ensuring that sufficient numbers oftrained personnel, boats, aerial spotting air-craft, sorbent materials, boom anchoringmaterials, and other resources are a avail-able to sustain response operations to com-pletion. All such equipment must be suitable


412


for use with the primary equipment identi-fied in the response plan. A vessel owner oroperator is not required to list these re-sources in the response plan, but shall cer-tify their availability.

9.2 A vessel owner or operator shall evalu-ate the availability of adequate temporarystorage capacity to sustain the effectivedaily recovery capacities from equipmentidentified in the plan. Because of the ineffi-ciencies of oil spill recovery devices, re-sponse plans must identify daily storage ca-pacity equivalent to twice the effective dailyrecovery capacity required on scene. Thistemporary storage capacity may be reduced

if a vessel owner or operator can dem-onstrate by waste stream analysis that theefficiencies of the oil recovery devices, abil-ity to decant water, or the availability of al-ternative temporary storage or disposal loca-tions in the area(s) the vessel will operatewill reduce the overall volume of oily mate-rial storage requirements.

9.3 A vessel owner or operator shall en-sure that their planning includes the capa-bility to arrange for disposal of recovered oilproducts. Specific disposal procedures will beaddressed in the applicable Area Contin-gency Plan.

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

Operating Environment

Significant WaveHeight 1

Sea State

(feet)

Rivers & Canals ................................................................................................................................. ≤1 1Inland ................................................................................................................................................. ≤3 2Great Lakes ....................................................................................................................................... ≤4 2–3Ocean ................................................................................................................................................ ≤6 3–4

[Boom]

Boom Property

Use

Rivers &Canals Inland Great Lakes Ocean

Significant Wave 1, 2 Height (feet) ............................................... ≤1 ≤3 ≤4 ≤6Sea State ................................................................................... 1 2 2–3 3–4Boom 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 4:1Total Tensile Strength—lbs. ....................................................... 4,500 15–20,000 15–20,000 >20,000Skirt Fabric Tensile Strength—lbs. ............................................ 200 300 300 500Skirt 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 inTable 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 heightplanning requirement.

TABLE 2.—SHORELINE PROTECTION REQUIREMENTS

Location

Boom Availability hours

Ensured bycontract orother ap-

proved means(ft.)

Higher volumeport area Other areas

Persistent Oils

Open Ocean ....................................................................................................... ........................ ........................ ........................Offshore ............................................................................................................. 15,000 24 48Nearshore/Inland/Great Lakes ........................................................................... 30,000 12 24Rivers & Canals ................................................................................................. 25,000 12 24

Non-Persistent Oils

Open Ocean ....................................................................................................... ........................ ........................ ........................Offshore ............................................................................................................. ........................ ........................ ........................Nearshore/Inland/Great Lakes ........................................................................... 10,000 12 24Rivers & Canals ................................................................................................. 15,000 12 24


413



414


TABLE 4.—EMULSIFICATION FACTORS FOR PETROLEUM OIL CARGO GROUPS

Non-persistent oil 72 G:Group I ............................................................................................................... 1.0

Persistent oil:Group II .............................................................................................................. 1.8Group III ............................................................................................................. 2.0


415


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

Group IV ............................................................................................................. 1.4

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

Area Tier 1 Tier 2 Tier 3

Rivers and Canals ....................................................................................................... .30 .40 .60Inland/Nearshore/Great Lakes ..................................................................................... .15 .25 .40Offshore ....................................................................................................................... .10 .165 .21Ocean ........................................................................................................................... .06 .10 .12

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


416


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417

Coast Guard, DOT Pt. 155, App. C

APPENDIX C TO PART 155—TRAININGELEMENTS FOR OIL SPILL RESPONSEPLANS

1. General

1.1 The portion of the plan dealing withtraining is one of the key elements of a re-sponse plan. This concept is clearly ex-pressed by the fact that Congress, in writingthe Oil Pollution Act of 1990, specifically in-cluded training as one of the sections re-quired in a vessel or facility response plan.In reviewing submitted response plans, it hasbeen noted that the plans often do not pro-vide sufficient information in the trainingsection of the plan for either the user or thereviewer of the plan. In some cases, planssimply state that the crew and others will betraining in their duties and responsibilities,with no other information being provided. Inother plans, information is simply given thatrequired parties will receive the necessaryworker safety training (HAZWOPER).

1.2 The training section of the plan neednot be a detailed course syllabus, but it mustcontain sufficient information to allow theuser and reviewer (or evaluator) to have anunderstanding of those areas that are be-lieved to be critical. Plans should identifykey skill areas and the training that is re-quired to ensure that the individual identi-fied will be capable of performing the dutiesprescribed to them. It should also describehow the training will be delivered to the var-ious personnel. Further, this section of theplan must work in harmony with those sec-tions of the plan dealing with exercises, thespill management team, and the qualified in-dividual.

1.3 The material in this appendix C is notall-inclusive and is provided for guidanceonly.

2. Elements to be Addressed

2.1 To assist in the preparation of thetraining section of a vessel response plan,some of the key elements that should be ad-dressed are indicated in the following sec-tions. Again, while it is not necessary thatthe comprehensive training program for thecompany be included in the response plan, itis necessary for the plan to convey the ele-ments that define the program as appro-priate.

2.2 An effective spill response trainingprogram should consider and address the fol-lowing:

2.2.1 Notification requirements and proce-dures.

2.2.2 Communication system(s) used forthe notifications.

2.2.3 Procedures to mitigate or preventany discharge or a substantial threat of adischarge of oil resulting from—

2.2.3.1 Operational activities associatedwith 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; or2.2.3.7 Equipment failure.2.2.4 Procedures and arrangements for

emergency towing.2.2.5 When performing shipboard mitiga-

tion measures—2.2.5.1 Ship salvage procedures;2.2.5.2 Damage stability; and2.2.5.3 Hull stress considerations.2.2.6 Procedures for transferring respon-

sibility for direction of response activitiesfrom vessel and facility personnel to thespill management team.

2.2.7 Familiarity with the operational ca-pabilities of the contracted oil spill removalorganizations and the procedures to notifyand activate such organizations.

2.2.8 Familiarity with the contracting andordering procedures to acquire oil spill re-moval organization resources.

2.2.9 Familiarity with the Area Contin-gency Plans.

2.2.10 Familiarity with the organizationalstructures that will be used to manage theresponse actions.

2.2.11 Responsibilities and duties of thespill management team members in accord-ance with designated job responsibilities.

2.2.12 Responsibilities and authority ofthe qualified individual as described in thevessel response plan and company responseorganization.

2.2.13 Responsibilities of designated indi-viduals to initiate a response and superviseshore-based response resources.

2.2.14 Actions to take, in accordance withdesignated job responsibilities, in the eventof a transfer system leak, tank overflow, orsuspected cargo tank or hull leak.

2.2.15 Information on the cargoes handledby the vessel or facility, including famili-arity 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 associ-

ated with the cargo; and2.2.15.5 Spill and firefighting procedures

for the cargo.2.2.16 Occupational Safety and Health Ad-

ministration requirements for worker healthand safety (29 CFR 1910.120).

3. Further Considerations

In drafting the training section of the re-sponse plan, some further considerations are


418

33 CFR Ch. I (7–1–98 Edition)Pt. 156

noted below (these points are raised simplyas a reminder):

3.1 The training program should focus ontraining provided to vessel personnel.

3.2 An organization is comprised of indi-viduals, and a training program should bestructured to recognize this fact by ensuringthat training is tailored to the needs of theindividuals involved in the program.

3.3 An owner or operator may identifyequivalent work experience which fulfillsspecific training requirements.

3.4 The training program should includeparticipation in periodic announced and un-announced exercises. This participationshould approximate the actual roles and re-sponsibilities of individuals as specified inthe response plan.

3.5 Training should be conducted periodi-cally to reinforce the required knowledgeand to ensure an adequate degree of pre-paredness by individuals with responsibil-ities under the vessel response plan.

3.6 Training may be delivered via a num-ber of different means; including classroomsessions, group discussions, video tapes, selfstudy workbooks, resident training courses,on-the-job training, or other means asdeemed appropriate to ensure proper instruc-tion.

3.7 New employees should complete thetraining program prior to being assigned jobresponsibilities which require participationin emergency response situations.

4. Conclusion

The information in this appendix is onlyintended to assist response plan preparers inreviewing the content of and in modifyingthe training section of their response plans.It may be more comprehensive than is need-ed for some vessels and not comprehensiveenough for others. The Coast Guard expectsthat plan preparers have determined thetraining needs of their organizations createdby the development of the response plans andthe actions identified as necessary to in-crease the preparedness of the company andits personnel to respond to actual or threat-ened discharges of oil from their vessels.

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

PART 156—OIL AND HAZARDOUSMATERIAL TRANSFER OPERATIONS

Subpart A—Oil and Hazardous MaterialTransfer Operations

Sec.156.100 Applicability.156.105 Definitions.156.107 Alternatives.156.110 Exemptions.156.111 Incorporation by reference.156.112 Suspension order.

156.113 Compliance with suspension order.156.115 Person in charge: Limitations.156.118 Advance notice of transfer.156.120 Requirements for transfer.156.125 Discharge cleanup.156.130 Connection.156.150 Declaration of inspection.156.160 Supervision by person in charge.156.170 Equipment tests and inspections.

Subpart B—Special Requirements forLightering of Oil and Hazardous Mate-rial Cargoes

156.200 Applicability.156.205 Definitions.156.210 General.156.215 Pre-arrival notices.156.220 Reporting of incidents.156.225 Designation of lightering zones.156.230 Factors considered in designating

lightering zones.

Subpart C—Lightering Zones and Oper-ational Requirements for the Gulf ofMexico

156.300 Designated lightering zones.156.310 Prohibited areas.156.320 Maximum operating conditions.156.330 Operations.

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

Subpart A—Oil and HazardousMaterial Transfer Operations

§ 156.100 Applicability.This subpart applies to the transfer

of oil or hazardous material on thenavigable waters or contiguous zone ofthe United States to, from, or withineach vessel with a capacity of 250 bar-rels or more; except that, this subpartdoes not apply to transfer operationswithin a public vessel.

[CGD 86–034, 55 FR 36255, Sept. 4, 1990]

§ 156.105 Definitions.Except as specifically stated in a sec-

tion, the definitions in § 154.105 of thischapter apply to this subpart.

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

§ 156.107 Alternatives.(a) The COTP may consider and ap-

prove alternative procedures, methods,or equipment standards to be used by avessel or facility operator in lieu ofany requirements in this part if:


pt. 155 33 cfr ch. i (7–1–98 edition) · and safety (29 cfr 1910.120). 3. further...

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