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(continued)
(2) The owner or operator of all unmanned tank barges shall ensure that one English language copy of the plan section listed in paragraph (c)(9) of this section and the Coast Guard approval letter or notarized copy of the approval letter are maintained aboard the barge.
(3) The vessel owner or operator shall maintain a current copy of the entire plan, and ensure that each person identified as a qualified individual and alternate qualified individual in the plan has a current copy of the entire plan.
(j) If an owner or operator of a United States flag vessel informs the Coast Guard in writing at the time of the plan submission according to the procedures of §155.1065, the owner or operator may address the provisions of Regulation 26 of MARPOL 73/78 if the owner or operator—
(1) Develops a vessel response plan under §155.1030 and §§155.1035, 155.1040, or 155.1045, as applicable;
(2) Expands the plan to cover discharges of all oils defined under MARPOL, including fuel oil (bunker) carried on board. The owner or operator is not required to include these additional oils in calculating the planning volumes that are used to determine the quantity of response resources that the owner or operator must ensure through contract or other approved means;
(3) Provides the information on authorities or persons to be contacted in the event of an oil pollution incident as required by Regulation 26 of MARPOL 73/78. This information must include—
(i) An appendix containing coastal State contacts for those coastal States the exclusive economic zone of which the vessel regularly transits. The appendix should list those agencies or officials of administrations responsible for receiving and processing pollution incident reports; and
(ii) An appendix of port contacts for those ports at which the vessel regularly calls; and
(4) Expands the plan to include the procedures and point of contact on the ship for coordinating shipboard activities with national and local authorities in combating an oil spill incident. The plan should address the need to contact the coastal State to advise them of action(s) being implemented and determine what authorization(s), if any, are needed.
(5) Provides a cross reference section to identify the location of the information required by §155.1030(j).
(k) A vessel carrying oil as a secondary cargo may comply with the requirements of §155.1045 by having a response plan approved under Regulation 26 of MARPOL 73/78 with the addition of the following—
(1) Identification of the qualified individual and alternate that meets the requirements of §155.1026;
(2) A geographic specific appendix meeting the requirements of §155.1045(i), including the identification of a contracted oil spill removal organization;
(3) Identification of a spill management team;
(4) An appendix containing the training procedures required by 155.1045(f); and
(5) An appendix containing the exercise procedures required by 155.1045(g).
(l) For plans submitted prior to the effective date of this final rule, the owner or operator of each vessel may elect to comply with any or all of the provisions of this final rule by amending or revising the appropriate section of the previously submitted plan.
§ 155.1035 Response plan requirements for manned vessels carrying oil as a primary cargo.
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(a) General information and introduction. This section of the response plan must include—
(1) The vessel's name, country of registry, call sign, official number, and International Maritime Organization (IMO) international number (if applicable). If the plan covers multiple vessels, this information must be provided for each vessel;
(2) The name, address, and procedures for contacting the vessel's owner or operator on a 24-hour basis;
(3) A list of the COTP zones in which the vessel intends to handle, store, or transport oil;
(4) A table of contents or index of sufficient detail to permit personnel with responsibilities under the response plan to locate the specific sections of the plan; and
(5) A record of change(s) page to record information on plan reviews, updates or revisions.
(b) Notification procedures. This section of the response plan must include the following notification information:
(1) A checklist with all notifications, including telephone or other contact numbers, in order of priority to be made by shipboard or shore-based personnel and the information required for those notifications. Notifications must include those required by—
(i) MARPOL 73/78 and 33 CFR part 153; and
(ii) Any applicable State.
(2) Identification of the person(s) to be notified of a discharge or substantial threat of a discharge of oil. If the notifications vary due to vessel location, the persons to be notified also must be identified in a geographic-specific appendix. This section must separately identify—
(i) The individual(s) or organization(s) to be notified by shipboard personnel; and
(ii) The individual(s) or organization(s) to be notified by shore-based personnel.
(3) The procedures for notifying the qualified individual(s) designated by the vessel's owner or operator.
(4) Descriptions of the primary and, if available, secondary communications methods by which the notifications will be made that should be consistent with the regulations in §155.1035(b)(1).
(5) The information that is to be provided in the initial and any follow up notifications required by paragraph (b)(1) of this section.
(i) The initial notification may be submitted in accordance with IMO Resolution A648(16) “General Principles for Ship Reporting Systems and Ship Reporting Requirements” which is available through COMDT G-MSO–4, U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593–0001. It must include at least the following information:
(A) Vessel name, country of registry, call sign, and official number (if any);
(B) Date and time of the incident;
(C) Location of the incident;
(D) Course, speed, and intended track of vessel;
(E) Radio station(s) and frequencies guarded;
(F) Date and time of next report;
(G) Type and quantity of oil on board;
(H) Nature and detail of defects, deficiencies, and damage (e.g. grounding, collision, hull failure, etc.);
(I) Details of pollution, including estimate of oil discharged or threat of discharge;
(J) Weather and sea conditions on scene;
(K) Ship size and type;
(L) Actions taken or planned by persons on scene;
(M) Current conditions of the vessel; and
(N) Number of crew and details of injuries, if any.
(ii) After the transmission of the initial notification, as much as possible of the information essential for the protection of the marine environment as is appropriate to the incident must be reported to the appropriate on-scene coordinator in a follow-up report. This information must include—
(A) Additional details on the type of cargo on board;
(B) Additional details on the condition of the vessel and ability to transfer cargo, ballast, and fuel;
(C) Additional details on the quantity, extent and movement of the pollution and whether the discharge is continuing;
(D) Any changes in the on-scene weather or sea conditions; and
(E) Actions being taken with regard to the discharge and the movement of the ship.
(6) Identification of the person(s) to be notified of a vessel casualty potentially affecting the seaworthiness of a vessel and the information to be provided by the vessel's crew to shore-based personnel to facilitate the assessment of damage stability and stress.
(c) Shipboard spill mitigation procedures. This section of the response plan must include—
(1) Procedures for the crew to mitigate or prevent any discharge or a substantial threat of such discharge of oil resulting from shipboard operational activities associated with internal or external cargo transfers. Responsibilities of vessel personnel should be identified by job title. These procedures must address personnel actions in the event of a—
(i) Transfer system leak;
(ii) Tank overflow; or
(iii) Suspected cargo tank or hull leak;
(2) Procedures in the order of priority for the crew to mitigate or prevent any discharge or a substantial threat of such a discharge in the event of the following casualties or emergencies:
(i) Grounding or stranding.
(ii) Collision.
(iii) Explosion or fire, or both.
(iv) Hull failure.
(v) Excessive list.
(vi) Equipment failure (e.g. main propulsion, steering gear, etc.);
(3) Procedures for the crew to deploy discharge removal equipment as required under subpart B of this part;
(4) The procedures for internal transfers of cargo in an emergency;
(5) The procedures for ship-to-ship transfers of cargo in an emergency:
(i) The format and content of the ship-to-ship transfer procedures must be consistent with the Ship to Ship Transfer Guide (Petroleum) published jointly by the International Chamber of Shipping and the Oil Companies International Marine Forum (OCIMF).
(ii) The procedures must identify the response resources necessary to carry out the transfers, including—
(A) Fendering equipment (ship-to-ship only);
(B) Transfer hoses and connection equipment;
(C) Portable pumps and ancillary equipment;
(D) Lightering and mooring masters (ship-to-ship only); and
(E) Vessel and barge brokers (ship-to-ship only).
(iii) Reference can be made to a separate oil transfer procedure and lightering plan carried aboard the vessel, provided that safety considerations are summarized in the response plan.
(iv) The location of all equipment and fittings, if any, carried aboard the vessel to perform such transfers must be identified;
(6) The procedures and arrangements for emergency towing, including the rigging and operation of any emergency towing equipment, including that required by subpart B of this part, aboard the vessel;
(7) The location, crew responsibilities, and procedures for use of shipboard equipment which may be carried to mitigate an oil discharge;
(8) The crew responsibilities, if any, for recordkeeping and sampling of spilled oil. Any requirements for sampling must address safety procedures to be followed by the crew;
(9) The crew's responsibilities, if any, to initiate a response and supervise shore-based response resources;
(10) Damage stability and hull stress considerations when performing shipboard mitigation measures. This section must identify and describe—
(i) Activities in which the crew is trained and qualified to execute absent shore-based support or advice; and
(ii) The information to be collected by the vessel's crew to facilitate shore-based assistance; and
(11)(i) Location of vessel plans necessary to perform salvage, stability, and hull stress assessments. A copy of these plans must be maintained ashore by either the vessel owner or operator or the vessel's recognized classification society unless the vessel has prearranged for a shore-based damage stability and residual strength calculation program with the vessel's baseline strength and stability characteristics pre-entered. The response plan must indicate the shore location and 24-hour access procedures of the calculation program or the following plans:
(A) General arrangement plan.
(B) Midship section plan.
(C) Lines plan or table of offsets.
(D) Tank tables.
(E) Load line assignment.
(F) Light ship characteristics.
(ii) The plan must identify the shore location and 24-hour access procedures for the computerized, shore-based damage stability and residual structural strength calculation programs required by §155.240.
(d) Shore-based response activities. This section of the response plan must include the following information:
(1) The qualified individual's responsibilities and authority, including immediate communication with the Federal on-scene coordinator and notification of the oil spill removal organization(s) identified in the plan.
(2) If applicable, procedures for transferring responsibility for direction of response activities from vessel personnel to the shore-based spill management team.
(3) The procedures for coordinating the actions of the vessel owner or operator or qualified individual with the predesignated Federal on-scene coordinator responsible for overseeing or directing those actions.
(4) The organizational structure that will be used to manage the response actions. This structure must include the following functional areas and must further include information for key components within each functional area:
(i) Command and control;
(ii) Public information;
(iii) Safety;
(iv) Liaison with government agencies;
(v) Spill response operations;
(vi) Planning;
(vii) Logistics support; and
(viii) Finance.
(5) The responsibilities of, duties of, and functional job descriptions for each oil spill management team position within the organizational structure identified in paragraph (d)(4) of this section.
(e) List of contacts. The name, location, and 24-hour contact information for the following key individuals and organizations must be included in this section of the response plan or, if more appropriate, in a geographic-specific appendix and referenced in this section of the response plan:
(1) Vessel owner or operator.
(2) Qualified individual and alternate qualified individual for the vessel's area of operation.
(3) Applicable insurance representatives or surveyors for the vessel's area of operation.
(4) The vessel's local agent(s) for the vessel's area of operation.
(5) Person(s) within the oil spill removal organization to notify for activation of that oil spill removal organization for the three spill scenarios identified in paragraph (i)(5) of this section for the vessel's area of operation.
(6) Person(s) within the identified response organization to notify for activating that organization to provide:
(i) The required emergency lightering required by §155.1050(l), §155.1052(g), §155.1230(g), or §155.2230(g), as applicable to the type of service of the vessel; and
(ii) The required salvage and firefighting required by §155.1050(k), §155.1052(e), §155.1230(e), and §155.2230(e), as applicable to the type of service of the vessel.
(7) Person(s) to notify for activation of the spill management team for the spill response scenarios identified in paragraph (i)(5) of this section for the vessel's area of operation.
(f) Training procedures. This section of the response plan must address the training procedures and programs of the vessel owner or operator to meet the requirements in §155.1055.
(g) Exercise procedures. This section of the response plan must address the exercise program to be carried out by the vessel owner or operator to meet the requirements in §155.1060.
(h) Plan review, update, revision, amendment, and appeal procedure. This section of the response plan must address—
(1) The procedures to be followed by the vessel owner or operator to meet the requirements of §155.1070; and
(2) The procedures to be followed for any post-discharge review of the plan to evaluate and validate its effectiveness.
(i) Geographic-specific appendices for each COTP zone in which a vessel operates. A geographic-specific appendix must be included for each COTP zone identified. The appendices must include the following information or identify the location of such information within the plan:
(1) A list of the geographic areas (port areas, rivers and canals, Great Lakes, inland, nearshore, offshore, and open ocean areas) in which the vessel intends to handle, store, or transport oil within the applicable COTP zone.
(2) The volume and group of oil on which the required level of response resources are calculated.
(3) Required Federal or State notifications applicable to the geographic areas in which a vessel operates.
(4) Identification of the qualified individuals.
(5) Identification of the oil spill removal organization(s) that are identified and ensured available, through contract or other approved means, and the spill management team to respond to the following spill scenarios:
(i) Average most probable discharge.
(ii) Maximum most probable discharge.
(iii) Worst case discharge.
(6) The organization(s) identified to meet the requirements of paragraph (i)(5) of this section must be capable of providing the equipment and supplies necessary to meet the requirements of §§155.1050, 155.1052, 155.1230, and 155.2230, as appropriate, and sources of trained personnel to continue operation of the equipment and staff the oil spill removal organization(s) and spill management team identified for the first 7 days of the response.
(7) The appendix must list the response resources and related information required under §§155.1050, 155.1052, 155.1230, 155.2230, and Appendix B of this part, as appropriate.
(8) If an oil spill removal organization(s) has been evaluated by the Coast Guard and their capability has been determined to equal or exceed the response capability needed by the vessel, the appendix may identify only the organization and their applicable classification and not the information required in paragraph (i)(7) of this section.
(9) The appendix must also separately list the companies identified to provide the salvage, vessel firefighting, lightering, and if applicable, dispersant capabilities required in this subpart.
(j) Appendices for vessel-specific information. This section must include for each vessel covered by the plan the following information:
(1) List of the vessel's principal characteristics.
(2) Capacities of all cargo, fuel, lube oil, ballast, and fresh water tanks.
(3) The total volume and cargo groups of oil cargo that would be involved in the—
(i) Maximum most probable discharge; and
(ii) Worst case discharge.
(4) Diagrams showing location of all tanks.
(5) General arrangement plan (can be maintained separately aboard the vessel providing the response plan identifies the location).
(6) Midships section plan (can be maintained separately aboard the vessel providing the response plan identifies the location).
(7) Cargo and fuel piping diagrams and pumping plan, as applicable (can be maintained separately aboard the vessel providing the response plan identifies the location).
(8) Damage stability data (can be maintained separately providing the response plan identifies the location).
(9) Location of cargo and fuel stowage plan for vessel (normally maintained separately aboard the vessel).
(10) Location of information on the name, description, physical and chemical characteristics, health and safety hazards, and spill and firefighting procedures for the oil cargo aboard the vessel. A material safety data sheet meeting the requirements of 29 CFR 1910.1200, cargo information required by 33 CFR 154.310, or equivalent will meet this requirement. This information can be maintained separately.
[CGD 91–034, 61 FR 1081, Jan. 12, 1996, as amended by CGD 96–026, 61 FR 33666, June 28, 1996; USCG–2005–21531, 70 FR 36349, June 23, 2005]
§ 155.1040 Response plan requirements for unmanned tank barges carrying oil as a primary cargo.
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(a) General information and introduction. This section of the response plan must include—
(1) A list of tank barges covered by the plan, which must include the country of registry, call sign, IMO international numbers (if applicable), and official numbers of the listed tank barges;
(2) The name, address, and procedures for contacting the barge's owner or operator on a 24-hour basis;
(3) A list of the COTP zones in which the tank barges covered by the plan intend to handle, store, or transport oil;
(4) A table of contents or index of sufficient detail to permit personnel with responsibilities under the response plan to locate the specific sections of the plan; and
(5) A record of change(s) page used to record information on plan reviews, updates or revisions.
(b) Notification procedures. This section of the response plan must include the following notification information:
(1) A checklist with all notifications. The checklist must include notifications required by MARPOL 73/78, 33 CFR part 153, and any applicable State, including telephone or other contact numbers, in the order of priority and the information required for those notifications to be made by the—
(i) Towing vessel;
(ii) Vessel owner or operator; or
(iii) Qualified individual.
(2) Identification of the person(s) to be notified of a discharge or substantial threat of a discharge of oil. If the notifications vary due to the location of the barge, the persons to be notified also must be identified in a geographic-specific appendix. This section must separately identify—
(i) The individual(s) or organization(s) to be notified by the towing vessel; and
(ii) The individual(s) or organization(s) to be notified by shore-based personnel.
(3) The procedures for notifying the qualified individuals designated by the barge's owner or operator.
(4) Identification of the primary and, if available, secondary communications methods by which the notifications will be made, consistent with the requirements of paragraph (b)(1) of this section.
(5) The information that is to be provided in the initial and any follow-up notifications required by paragraph (b)(1) of this section.
(i) The initial notification information must include at least the following information:
(A) Towing vessel name (if applicable);
(B) Tank barge name, country of registry, and official number;
(C) Date and time of the incident;
(D) Location of the incident;
(E) Course, speed, and intended track of towing vessel (if applicable);
(F) Radio station(s) frequencies guarded by towing vessel (if applicable);
(G) Date and time of next report;
(H) Type and quantity of oil on board;
(I) Nature and details of defects, deficiencies, and damage (e.g., grounding, collision, hull failure, etc.);
(J) Details of pollution, including estimate of oil discharged or threat of discharge;
(K) Weather and sea conditions on scene;
(L) Barge size and type;
(M) Actions taken or planned by persons on scene;
(N) Current condition of the barge; and
(O) Details of injuries, if any.
(ii) After the transmission of the initial notification, as much as possible of the information essential for the protection of the marine environment as is appropriate to the incident must be reported to the appropriate on-scene coordinator in a follow-up report. This information must include—
(A) Additional detail on the type of cargo on board;
(B) Additional details on the condition of the barge and ability to transfer cargo, ballast, and fuel;
(C) Additional details on the quantity, extent and movement of the pollution and whether the discharge is continuing;
(D) Any changes in the on-scene weather or sea conditions; and
(E) Actions being taken with regard to the discharge and the movement of the vessel.
(6) Identification of the person(s) to be notified of a vessel casualty potentially affecting the seaworthiness of a vessel and the information to be provided by the towing vessel personnel or tankermen, as applicable, to shore-based personnel to facilitate the assessment of damage stability and stress.
(c) Shipboard spill mitigation procedures. This section of the response plan must include—
(1) Procedures to be followed by the tankerman, as defined in 46 CFR 35.35–1, to mitigate or prevent any discharge or a substantial threat of such a discharge of oil resulting from operational activities and casualties. These procedures must address personnel actions in the event of a—
(i) Transfer system leak;
(ii) Tank overflow; or
(iii) Suspected cargo tank or hull leak;
(2) Procedures in the order of priority for the towing vessel or barge owner or operator to mitigate or prevent any discharge or a substantial threat of such a discharge of oil in the event of the following casualties or emergencies:
(i) Grounding or stranding;
(ii) Collision;
(iii) Explosion or fire, or both;
(iv) Hull failure;
(v) Excessive list; and
(3) Procedures for tankermen or towing vessel crew to employ discharge removal equipment required by subpart B of this part;
(4) The procedures for the internal transfer of cargo in an emergency;
(5) The procedures for ship-to-ship transfers of cargo in an emergency:
(i) The procedures must identify the response resources necessary to carry out the transfers, including—
(A) Fendering equipment (ship-to-ship only);
(B) Transfer hoses and connection equipment;
(C) Portable pumps and ancillary equipment; and
(D) Lightering vessels (ship-to-ship only).
(ii) Reference can be made to separate oil transfer procedures or a lightering plan provided that safety considerations are summarized in the response plan.
(iii) The location of all equipment and fittings, if any, to perform such transfers must be identified;
(6) The procedures and arrangements for emergency towing, including the rigging and operation of any emergency towing equipment, including that required by subpart B of this part aboard the barge;
(7) The location and procedures for use of equipment stowed aboard either the barge or towing vessel to mitigate an oil discharge;
(8) The responsibilities of the towing vessel crew and facility or fleeting area personnel, if any, to initiate a response and supervise shore-based response resources;
(9) Damage stability, if applicable, and hull stress considerations when performing on board mitigation measures. This section must identify and describe—
(i) Activities in which the towing vessel crew or tankerman is trained and qualified to execute absent shore-based support or advice;
(ii) The individuals who shall be notified of a casualty potentially affecting the seaworthiness of the barge; and
(iii) The information that must be provided by the towing vessel to facilitate the assessment of damage stability and stress; and
(10)(i) Location of barge plans necessary to perform salvage, stability, and hull stress assessments. A copy of these barge plans must be maintained ashore by either the barge owner or operator or the vessel's recognized classification society. The response plan must indicate the shore location and 24-hour access procedures of the following plans:
(A) General arrangement plan.
(B) Midship section plan.
(C) Lines plan or table of offsets, as available.
(D) Tank tables; and
(ii) Plans for offshore oil barges must identify the shore location and 24-hour access procedures for the computerized shore-based damage stability and residual structural strength calculation programs required by §155.240.
(d) Shore-based response activities. This section of the response plan must include the following information:
(1) The qualified individual's responsibilities and authority, including immediate communication with the Federal on-scene coordinator and notification of the oil spill removal organization(s) identified in the plan.
(2) If applicable, procedures for transferring responsibility for direction of response activities from towing vessel personnel or tankermen to the shore-based spill management team.
(3) The procedures for coordinating the actions of the barge owner or operator of qualified individual with the action of the predesignated Federal on-scene coordinator responsible for overseeing or directing those actions.
(4) The organizational structure that will manage the barge owner or operator's response actions. This structure must include the following functional areas and must further include information for key components within each functional area:
(i) Command and control;
(ii) Public information;
(iii) Safety;
(iv) Liaison with government agencies;
(v) Spill response operations;
(vi) Planning;
(vii) Logistics support; and
(viii) Finance.
(5) The responsibilities of, duties of, and functional job descriptions for each oil spill management team position within the organizational structure identified in paragraph (d)(4) of this section.
(e) List of contacts. The name, location, and 24-hour contact information for the following key individuals and organizations must be included in this section or, if more appropriate, in a geographic-specific appendix and referenced in this section:
(1) Barge owner or operator.
(2) Qualified individual and alternate qualified individual for the tank barge's area of operation.
(3) Applicable insurance representatives or surveyors for the barge's area(s) of operation.
(4) Person(s) within the oil spill removal organization to notify for activation of that oil spill removal organization for the spill scenarios identified in paragraph (j)(5) of this section for the barges's area(s) of operation.
(5) Person(s) within the identified response organization to notify for activating that organization to provide:
(i) The required emergency lightering required by §§155.1050(l), 155.1052(g), 155.1230(g), and 155.2230(g), as applicable to the type of service of the barge(s); and
(ii) The required salvage and fire fighting required by §§155.1050(k), 155.1052(e), 155.1230(e), and 155.2230(e), as applicable to the type of service of the barge(s).
(6) Person(s) to notify for activation of the spill management team for the spill response scenarios identified in paragraph (j)(5) of this section for the vessel's area of operation.
(f) Training procedures. This section of the response plan must address the training procedures and programs of the barge owner or operator to meet the requirements in §155.1055.
(g) Exercise procedures. This section of the response plan must address the exercise program carried out by the barge owner or operator to meet the requirements in §155.1060.
(h) Plan review, update, revisions amendment, and appeal procedure. This section of the response plan must address—
(1) The procedures to be followed by the barge owner or operator to meet the requirements of §155.1070; and
(2) The procedures to be followed for any post-discharge review of the plan to evaluate and validate its effectiveness.
(i) On board notification checklist and emergency procedures. This portion of the response plan must be maintained in the documentation container aboard the unmanned barge. The owner or operator of an unmanned tank barge subject to this section shall provide the personnel of the towing vessel, fleeting area, or facility that the barge may be moored at with the information required by this paragraph and the responsibilities that the plan indicates will be carried out by these personnel. The on board notification checklist and emergency procedures must include—
(1) The toll-free number of the National Response Center;
(2) The name and procedures for contacting a primary qualified individual and at least one alternate on a 24-hour basis;
(3) The name, address, and procedure for contacting the vessel's owner or operator on a 24-hour basis;
(4) The list of information to be provided in the notification by the reporting personnel;
(5) A statement of responsibilities of and actions to be taken by reporting personnel after an oil discharge or substantial threat of such discharge; and
(6) The information contained in paragraph (c)(1) of this section.
(j) Geographic-specific appendices for each COTP zone in which a tank barge operates. A geographic-specific appendix must be included for each COTP zone identified. The appendices must include the following information or identify the location of such information within the plan:
(1) A list of the geographic areas (port areas, rivers and canals, Great Lakes, inland, nearshore, offshore, and open ocean areas) in which the barge intends to handle, store, or transport oil within the applicable COTP zone.
(2) The volume and group of oil on which the required level of response resources are calculated.
(3) Required Federal or State notifications applicable to the geographic areas in which the barge operates.
(4) Identification of the qualified individuals.
(5) Identification of the oil spill removal organization(s) that are identified and ensured available, through contract or other approved means and the spill management team to provide the response resources necessary to respond to the following spill scenarios:
(i) An average most probable discharge.
(ii) A maximum most probable discharge.
(iii) A worst case discharge to the maximum extent practicable.
(6) The organization(s) identified to meet the provisions of paragraph (j)(5) of this section must be capable of providing the equipment and supplies necessary to meet the provisions of §§155.1050, 155.1052, 155.1230, and 155.2230, as appropriate, and sources of trained personnel to continue operation of the equipment and staff the oil spill removal organization(s) and spill management team identified for the first seven days of the response.
(7) The appendix must list the response resources and related information required under §§155.1050, 155.1052, 155.1230, 155.2230, and Appendix B of this part, as appropriate.
(8) If the oil spill removal organization(s) providing the necessary response resources has been evaluated by the Coast Guard and their capability has been determined to equal or exceed the response capability needed by the vessel, the appendix may identify only the organization and their applicable classification and not the information required in paragraph (j)(7) of this section.
(9) The appendix must also separately list the companies identified to provide the salvage, barge firefighting, lightering, and if applicable, dispersant capabilities required in this subpart.
(k) Appendices for barge-specific information. Because many of the tank barges covered by a response plan may be of the same design, this information does not need to be repeated provided the plan identifies the tank barges to which the same information would apply. The information must be part of the response plan unless specifically noted. This section must include for each barge covered by the plan the following information:
(1) List of the principal characteristics of the vessel.
(2) Capacities of all cargo, fuel, lube oil, and ballast tanks.
(3) The total volumes and cargo group(s) of oil cargo that would be involved in the—
(i) Maximum most probable discharge; and
(ii) Worst case discharge.
(4) Diagrams showing location of all tanks aboard the barge.
(5) General arrangement plan (can be maintained separately providing that the location is identified).
(6) Midships section plan (can be maintained separately providing that the location is identified).
(7) Cargo and fuel piping diagrams and pumping plan, as applicable (can be maintained separately providing that the location is identified).
(8) Damage stability data, if applicable.
(9) Location of cargo and fuel stowage plan for barge(s) (normally maintained separately).
(10) Location of information on the name, description, physical and chemical characteristics, health and safety hazards, and spill and firefighting procedures for the oil cargo aboard the barge. A material safety data sheet meeting the requirements of 29 CFR 1910.1200, cargo information required by 33 CFR 154.310, or equivalent will meet this requirement. This information can be maintained separately.
§ 155.1045 Response plan requirements for vessels carrying oil as a secondary cargo.
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(a) General information and introduction. This section of the response plan must include—
(1) The vessel's name, country of registry, call sign, official number, and IMO international number (if applicable). If the plan covers multiple vessels, this information must be provided for each vessel;
(2) The name, address, and procedures for contacting the vessel's owner or operator on a 24-hour basis;
(3) A list of COTP zones in which the vessel intends to handle, store, or transport oil;
(4) A table of contents or index of sufficient detail to permit personnel with responsibilities under the response plan to locate the specific sections of the plan; and
(5) A record of change(s) page used to record information on plan updates or revisions.
(6) As required in paragraph (c) of this section, the vessel owner or operator must list in his or her plan the total volume of oil carried in bulk as cargo.
(i) For vessels that transfer a portion of their fuel as cargo, 25 percent of the fuel capacity of the vessel plus the capacity of any oil cargo tank(s) will be assumed to be the cargo volume for determining applicable response plan requirements unless the vessel owner or operator indicates otherwise.
(ii) A vessel owner or operator can use a volume less than 25 percent if he or she submits historical data with the plan that substantiates the transfer of a lower percentage of its fuel capacity between refuelings.
(b) Notification procedures. This section of the response plan must include the following notification information:
(1) A checklist with all notifications, including telephone or other contact numbers, in the order of priority to be made by shipboard or shore-based personnel and the information required for those notifications. Notifications must include those required by—
(i) MARPOL 73/78 and 33 CFR part 153; and
(ii) Any applicable State.
(2) Identification of the person(s) to be notified of a discharge or substantial threat of discharge of oil. If notifications vary due to vessel location, the person(s) to be notified also must be identified in a geographic-specific appendix. This section must separately identify—
(i) The individual(s) or organization(s) to be notified by shipboard personnel; and
(ii) The individual(s) or organization(s) to be notified by shore-based personnel.
(3) The procedures for notifying the qualified individual and alternate qualified individual.
(4) Descriptions of the primary and, if available, secondary communication methods by which the notifications will be made, consistent with the requirements in paragraph (b)(1) of this section.
(5) The information that is to be provided in the initial and any follow-up notifications required by paragraph (b)(1) of this section.
(i) The initial notification may be submitted in accordance with IMO Resolution A648(16) “General Principles for Ship Reporting Systems and Ship Reporting Requirements.” It must include at least the following information:
(A) Vessel name, country of registry, call sign, IMO international number (if applicable), and official number (if any);
(B) Date and time of the incident;
(C) Location of the incident;
(D) Course, speed, and intended track of vessel;
(E) Radio station(s) and frequencies guarded;
(F) Date and time of next report;
(G) Type and quantity of oil on board;
(H) Nature and detail of defects, deficiencies, and damage (e.g., grounding, collision, hull failure, etc.);
(I) Details of pollution, including estimate of oil discharged or threat of discharge;
(J) Weather and sea conditions on scene;
(K) Ship size and type;
(L) Actions taken or planned by persons on scene;
(M) Current conditions of the vessel; and
(N) Number of crew and details of injuries, if any.
(ii) After the transmission of the initial notification, as much as possible of the information essential for the protection of the marine environment as is appropriate to the incident must be reported to the appropriate on-scene coordinator in a follow-up report. This information must include—
(A) Additional details on the type of cargo on board;
(B) Additional details on the condition of the vessel and ability to transfer cargo, ballast, and fuel;
(C) Additional details on the quantity, extent and movement of the pollution and whether the discharge is continuing;
(D) Any changes in the on-scene weather or sea conditions; and
(E) Actions being taken with regard to the discharge and the movement of the ship.
(c) Shipboard spill mitigation procedures. This section of the response plan must identify the vessel's total volumes of oil carried in bulk as cargo and meet the applicable requirements of this paragraph as in paragraph (a)(6) of this section.
(1) For vessels carrying 100 barrels or less of oil in bulk as cargo, the plan must include a basic emergency action checklist for vessel personnel including notification and actions to be taken to prevent or mitigate any discharge or substantial threat of such a discharge of oil from the vessel.
(2) For vessels carrying over 100 barrels of oil but not exceeding 5,000 barrels of oil in bulk as cargo, the plan must include—
(i) Detailed information on actions to be taken by vessel personnel to prevent or mitigate any discharge or substantial threat of such a discharge of oil from the vessel due to operational activities or casualties;
(ii) Detailed information on damage control procedures to be followed by vessel personnel;
(iii) Detailed procedures for internal or external transfer of oil in bulk as cargo in an emergency; and
(iv) Procedures for use of any equipment carried aboard the vessel for spill mitigation.
(3) For vessels carrying over 5,000 barrels of oil as a secondary cargo, the plan must provide the information required by §155.1035(c) for shipboard spill mitigation procedures.
(4) For all vessels, the plan must include responsibilities and actions to be taken by vessel personnel, if any, to initiate a response and supervise shore-based response resources.
(d) Shore-based response activities. This section of the response plan must include the following information:
(1) The qualified individual's responsibilities and authority, including immediate communication with the Federal on-scene coordinator and notification of the oil spill removal organization(s) identified in the plan.
(2) If applicable, procedures for transferring responsibility for direction of response activities from vessel personnel to the shore-based spill management team.
(3) The procedures for coordinating the actions of the vessel owner or operator with the actions of the predesignated Federal on-scene coordinator responsible for overseeing or directing those actions.
(4) The organizational structure that will be used to manage the response actions. This structure must include the following functional areas and must further include information for key components within each functional area:
(i) Command and control;
(ii) Public information;
(iii) Safety;
(iv) Liaison with government agencies;
(v) Spill response operations;
(vi) Planning;
(vii) Logistics support; and
(viii) Finance.
(5) The responsibilities, duties, and functional job description for each oil spill management team member within the organizational structure identified in paragraph (d)(4) of this section.
(e) List of contacts. The name, location, and 24-hour contact information for the following key individuals or organizations must be included in this section or, if more appropriate, in a geographic-specific appendix and referenced in this section:
(1) Vessel owner or operator, and if applicable, charterer.
(2) Qualified individual and alternate qualified individual for the vessel's area of operation.
(3) Vessel's local agent(s), if applicable, for the vessel's area of operation.
(4) Applicable insurance representatives or surveyors for the vessel's area of operation.
(5) Person(s) within the identified oil spill removal organization(s) to notify for activation of the oil spill removal organization(s) identified under paragraph (i)(3) of this section for the vessel's area of operation.
(6) Person(s) to notify for activation of the spill management team.
(f) Training procedures. (1) This section of the response plan must address the training procedures and programs of the vessel owner or operator. The vessel owner or operator shall ensure that—
(i) All personnel with responsibilities under the plan receive training in their assignments and refresher training as necessary, and participate in exercises required under paragraph (g) of this section. Documented work experience can be used instead of training; and
(ii) Records of this training are maintained aboard the vessel, at the U.S. location of the spill management team, or with the qualified individual. The plan must specify where the records are located.
(2) Nothing in this section relieves the vessel owner or operator from responsibility to ensure that all private shore-based response personnel are trained to meet the Occupational Safety and Health Administration (OSHA) standards for emergency response operations in 29 CFR 1910.120.
(g) Exercise procedures. This section of the response plan must address the exercise program carried out by the vessel owner or operator to evaluate the ability of vessel and shore-based personnel to perform their identified functions in the plan. The required exercise frequency for each category of vessel is as follows:
(1) For vessels carrying 100 barrels or less of oil as cargo—
(i) On board spill mitigation procedures and qualified individual notification exercises must be conducted annually; and
(ii) Shore-based oil spill removal organization exercises must be conducted biennially.
(2) For vessels carrying over 100 barrels and up to 5,000 barrels of oil in bulk as cargo—
(i) On board emergency procedures and qualified individual notification exercises must be conducted quarterly; and
(ii) Shore-based oil spill removal organization exercises must be conducted annually.
(3) Vessels carrying over 5,000 barrels of oil in bulk as cargo must meet the exercise requirement of §155.1060.
(h) Plan review, update, revision, amendment, and appeal procedures. This section of the response plan must address—
(1) The procedures to be followed by the vessel owner or operator to meet the requirement of §155.1070; and
(2) The procedures to be followed for any post-discharge review of the plan to evaluate and validate its effectiveness
(i) Geographic-specific appendices for each COTP zone in which a vessel operates. A geographic-specific appendix must be included for each COTP zone identified. The appendix must include the following information or identify the location of such information within the plan:
(1) Required Federal or State notifications applicable to the geographic areas in which a vessel operates.
(2) Identification of the qualified individuals.
(3) A list of the oil spill removal organization(s) and the spill management team(s) available to respond to the vessel's worst case oil discharge in each COTP zone in which a vessel operates. The oil spill removal organization(s) identified must be capable of commencing oil spill containment and on-water recovery within the response times listed for Tier 1 in §155.1050(g); providing temporary storage of recovered oil; and conducting shoreline protection and cleanup operations. An oil spill removal organization may not be identified in the plan unless the organization has provided written consent to being identified in the plan as an available resource.
(j) Appendices for vessel-specific information. This section must include for each vessel covered by the plan the following information:
(1) List of the vessel's principal characteristics (i.e., length, beam, gross tonnage, etc.).
(2) Capacities of all cargo, fuel, lube oil, ballast, and fresh water tanks.
(3) The total volume and cargo groups of oil cargo that would be involved in the—
(i) Maximum most probable discharge; and
(ii) Worst case discharge.
(4) Diagrams showing location of all tanks.
(5) Cargo and fuel piping diagrams and pumping plan as applicable. These diagrams and plans can be maintained separately aboard the vessel providing the response plan identifies the location.
(6) Location of information on the name, description, physical and chemical characteristics, health and safety hazards, and spill and firefighting procedures for the oil cargo aboard the vessel. A material safety data sheet meeting the requirements of 29 CFR 1910.1200, cargo information required by 33 CFR 154.310, or the equivalent, will meet this requirement. This information can be maintained separately on board the vessel, providing the response plan identifies the location.
§ 155.1050 Response plan development and evaluation criteria for vessels carrying groups I through IV petroleum oil as a primary cargo.
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(a) The following criteria must be used to evaluate the operability of response resources identified in the response plan for the specified operating environment:
(1) Table 1 of Appendix B of this part.
(i) The criteria in Table 1 of Appendix B of this part are to be used solely for identification of appropriate equipment in a response plan.
(ii) These criteria reflect conditions used for planning purposes to select mechanical response equipment and are not conditions that would limit response actions or affect normal vessel operations.
(2) Limitations that are identified in the Area Contingency Plans for the COTP zones in which the vessel operates, including—
(i) Ice conditions;
(ii) Debris;
(iii) Temperature ranges; and
(iv) Weather-related visibility.
(b) The COTP may reclassify a specific body of water or location within the COTP zone. Any reclassifications will be identified in the applicable Area Contingency Plan. Reclassifications may be to—
(1) A more stringent operating environment if the prevailing wave conditions exceed the significant wave height criteria during more than 35 percent of the year; or
(2) A less stringent operating environment if the prevailing wave conditions do not exceed the significant wave height criteria for the less stringent operating environment during more than 35 percent of the year.
(c) Response equipment must—
(1) Meet or exceed the criteria listed in Table 1 of Appendix B of this part;
(2) Be capable of functioning in the applicable operating environment; and
(3) Be appropriate for the petroleum oil carried.
(d) The owner or operator of a vessel that carries groups I through IV petroleum oil as a primary cargo shall identify in the responseplan and ensure the availability of, through contract or other approved means, the response resources that will respond to a discharge up to the vessel's average most probable discharge. (continued)